04/06/87 City Council MinutesW.
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY APRIL
6, 1987 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED.
COUNCILMAN GRAINGER WAS ABSENT. ALL OTHER CDUNCILMEMBERS WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
APPROVE MINUTES
Regular Meeting March 16, 1987
Special Meeting March 23, 1987
Councilman Nystul requested the effective date of Roger Bowman's resignation, and
the reason, be added to the March 16, 1987 minutes.
Councilman Nystul moved the minutes be approved. Councilman Saverud seconded and the
motion carried.
PUBLIC HEARING
Griffin Field Relocation
Proponents:
Bill Dahl, 36 Meadowlark Dr. addressed the Council, speaking in favor of Griffin Field,
stating it would be a great asset to the community.
Sheryl Dugan, 211 Glenwood Dr, spoke in favor of the proposal. She said with community
and parent support it would be an asset.
Opponents:
George Dachs, 270 Summit Ridge Drive, spoke in favor of the field, but questioned the
financing through the TIF. He owns rental property in that area and already has had to
raise the rent due to taxes. He feels the tax money is going to other areas.
Guil Halket, owner of Sensuous Cookie in the Gateway West Mall, spoke in favor of
baseball, but was very much against the use of TIF dollars. He stated he thought there
were enough baseball fields in the City not being used to the maximum.
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He commented others are looking for money also, such as FVCC, schools, streets. There '
seems to be no money. But amazing enough, there is $220,000.00 for the Lakers.
He said this City will not live and die on Lakers baseball, but it will live and die
on education, streets and such.
Clerk Halver read a letter received from Hettie Overbo, 545 5th St. West, opposing the
proposal.
BID OPENINGS:
Crushed Base:
LHC., Inc. 10% Bid Bond
3/4" Minus
1/2" Minus
the above 3/4" Minus delivered to job site
the above 1/2" Minus delivered to job site
McElroy & Wilken 10% Bid Bond
3/4" Minus
1/2" Minus
the above 3/4" Minus delivered to job site
the above 1/2" Minus delivered to job site
Pack & Company 10% Bid Bond
3/4" Minus
1/2" Minus
the above 3/4" Minus delivered to job site
the above 1/2" Minus delivered to job site
8,000 Tons @ 3.86 = $30,880
2,000 Tons @ 4.22 = 8,440
6.21 49,680
6.56 13,120
8,000 Tons @ 3.90 = $31,200
2,000 Tons @ 4.30 = 8,600
5.05 40,400
5.45 10,900
8,000 Tons @ 3.65 = $29,200
2,000 Tons @ 3.65 = 7,300
1.70
1.70
Councilman Saverud moved the.bids be referred to the Public Works Committee with power
to act. Councilman Nystul seconded and the motion carried.
Uncrushed Sub -base:
Pack & Co. 10% Bid Bond
6" Uncrushed Sub -base
4" Uncrushed Sub -base
Above Items 1 or 2 delivered to city job site
McElroy & Wilken 10% Bid Bond
6" Uncrushed Sub -base
4" Uncrushed Sub -base
Above Items 1 or 2 delivered to city job site
50,000 Tons @ 1.15 = $57,500
50,000 Tons @ 1.15 = 57,500
1.70
50,000 Tons @ 1.40 = $70,000
50,000 Tons @ 1.40 = 70,000
2.55 127,500
6" U�Inc. 10 8 Bid Bond
ushed Sub -base 50,000 Tons @ 1.20 = $60,000
4" Uncrushed Sub -base 50,000 Tons @ 1.70 = 85,000
Above Items 1 or 2 delivered to city job site 6" 3.55 177,500
4" 4.05 202,500
Councilman Nystul moved the bids be referred to the Public Works Committee with power
to act. Councilman Schindler seconded and the motion carried.
Hot Mix:
A71 Paving 10% Bid Bond
8000 Tons @ $15.40 Per Ton = $123,200.00
Unit Price/Ton Delivered $3.30 delivered only
Pack & Co., Inc. 10% Bid Bond
8000 Tons @ $14.95 Per Ton = $119,600.00
Unit Price/Ton Delivered 1.70
Councilman Nystul moved the bids be referred to the Public Works Committee with power
to act. Councilman Schindler seconded and the motion carried.
& Sidewalk Construction Phase 1, 1987 Street Construction for the year ending
31, 1987
n Construction Co., Inc. $1,000.00 Cashier's Check
They bid various unit prices as requested.
Curbing & Sidewalk Construction Phase 1, 1987 Street Reconstruction Items 1 through 4
Sandon Construction Co., Inc. $4,500.00 Cashier's Check
Total Bid $43,352.50
Marriott Concrete $4,500.00 Irrevocable Letter of Credit
Total Bid $43,514.00
George Galbavy Contracting $5,000.00 Cashier's Check
Total Bid $49,899.00
Councilman Nystul moved the bids be referred to the Public Works Committee with power
to act. Councilman Schindler seconded and the motion carried.
ADDRESSING THE COUNCIL:
Handicap Parking
'William Boharsky, 280 Highland Dr., stated most of the handicap stalls within the City
are located at the front of the block, making it impossible at times to exit the
vehicle if exiting from the rear, such as a van, as he owns. He requested the City
consider changing some of the stalls to locations at the end of the block.
Mayor Kennedy referred the issue to the Safety Committee for consideration.
SID 33I
Mary Ann Nelson, 549 Sylvan Dr., stated several of the taxpayers are anxious to find
out what the expense will be to them on the SID. They also want to know if their road
is going to be repaved or patched. She stated due to the location of her home, it may
be impossible to hook up to the line without added expense. Will there be any
consideration given for this?
an Nystul explained a portion will be repaved. Areas 16 ft. wide will be
to 22 ft. He stated the cost will not be determined until the project is
d. There are some preliminary figures available.
Fred Zauner, 440 Sylvan Dr., stated he has no opposition to the new sewer but has a
problem with all the uncertainties, as far as expense, time, and tentative dollar
amounts. No communication with the homeowners has occurred. He opposes the unfairness
of thelassessments of the sewer district per person.
COMMITTEE REPORTS:
PUBLIC SAFETY - no report
ANNUMION - no report
COMMUNITY DEVEIAPMENP
Resolution 3722
Councilman Saverud moved Resolution 3722, a resolution authorizing a budget transfer in
the an}Ount of $34,000.00, from the Tax Increment City Hall interior and City Hall
exteri7r budget line items to the TIF Hockaday Art Center budget line item.
Councilman Schindler seconded the motion. With a roll call vote the motion carried
unanimously.
510
PERSONNEL & POLICY
Report on Police Department Liability Insurance
Clerk Halver reported he is still waiting for information on the Police Department
Liability Insurance. He stated the current policy expires April 9, 1987.
After discussion, it was decided to have a Special Council meeting April 8, 1987 at
5:00 p.m., at which time the needed information will be available.
License Bonds
Councilman Saverud moved the acceptance of the License Bond that City Attorney Neier
found in order. Councilman Nystul seconded and the motion carried. 11
Mitchell Electric, Inc. Electrician 1,000.00
PUBLIC WORKS
Kalispell Center Mall Parking Lot
Councilman Ruiz reported the Parking Commission requested to lease 65 spaces on the
east side of the Kalispell Center Mall Parking Lot. He stated the Committee was unable
to reach a decision and agreed to bring before the Council.
Councilwoman Hafferman spoke against the issue. She said there are many lots in town
now that are not being used.
After discussion, Councilman Ruiz moved to follow the Parking Commission's request to
lease 65 spaces at the Kalispell Center Mall. Ruiz then spoke against the motion.
Councilman Palmer seconded and also spoke against the motion. Upon vote, the motion
failed unanimously.
Burlington Northern Parking Lot
Councilman Ruiz reported the recommendation from the Parking Commission is to write to
Jim Cook and change the lease arrangement for that lot to be compatible to our other
lots, on a regular 70-30 basis. Councilman Ruiz so moved this recommendation.
Councilman Schindler seconded and the motion carried.
Ordinance 1096 - First Reading - Authorizing Alley Cleanup I
An ordinance authorizing alley cleanup to be conducted under the direction of the
Director of Public Works.
Councilman Ruiz moved the First Reading of Ordinance 1096. Councilwoman Hafferman
seconded and the motion carried upon roll call vote.
Ordinance 1097 - First Reading - Amending Garbage ordinance Re: Sidearm Loader
An ordinance amending Chapter 11, Kalispell City Code, repealing portions of the code
inconsistent with side -arm loader technique, enacting sections consistent with sidearm
loader technique and declaring an effective date.
Councilman Ruiz so moved the First Reading of Ordinance 1097. Councilman Schindler
seconded the motion. Upon roll call vote, the motion carried.
Order in Curbs and Gutters
Councilman Ruiz moved the notice ordering construction of curbing:
BEING ON THE NORTH AND SOUTH SIDES OF EAST MONTANA STREET
BEI`WEEN NDRTH MAIN STREET AND SECOND AVENUE EAST NORTH
BLACK 16 OF KALISPELL ORIGINAL, LOTS 12 AND 13
BLACK 17 OF KALISPELL ORIGINAL, LOTS 6 AND 7
BLOCK 24 OF KALISPELL ORIGINAL, LOTS 1 AND 18
BLACK 25 OF KALISPELL ORIGINAL, LOTS 1 AND 24
BEING ON THE EAST AMID WEST SIDES OF SECOND AVENUE EAST NORTH
BETWEEN EAST IDAHO STREET AND EAST MONTANA STREET
BLACK 17 OF KALISPELL ORIGINAL, LOTS 1 THROUGH 6
BLOCK 18 OF KALISPELL ORIGINAL, LOTS 7 THROUGH 12
Councilman Schindler seconded and the motion carried.
Public Works Committee Meeting
Councilman Ruiz announced there would be a committee meeting Wednesday April 8, 1987 at
4:00 p.m. to go over the bids.
WATER & SEWER
Schedule Hearing on Facility Plan Approval for Phosphorus Removal WWTP
Councilman Nystul reported the Committee met and requests to schedule a Hearing on
Facility Plan Approval for Phosphorus Removal - WWTP for May 28, 1987 at 7:30 p.m.
He so moved, Councilman Ruiz seconded and the motion carried.
511
Application for Appeal of NonDegradation Standards for Discharge to Flathead River
Councilman Nystul moved the Council authorize the City Attorney and Mayor to prepare
the necessary documents for the application to the State Board of Health for a variance
to the non -degradation standards for discharge to the Flathead River.
Ruiz seconded and the motion carried.
Approval of Stahly Engineering contract modifications
Councilman Nystul reported the Committee recommends and so moved the approval of
' the ontract with Stahly Engineering & Associates for application to State Board of
Health, Authorizing the proper documents be prepared and signed.
Councilman Ruiz seconded and the motion carried.
Authorization to Solicit RFP's for Design of Phosphorus Improvement
Councilman Nystul reported the Committee would like more time to discuss this with our
preset engineer and acquire additional information. This will be postponed until the
next meetinq.
Acce ance of Sylvan Court Cul-de-sac Island
Councilman Nystul reported, in the construction of SID 337 we became aware that the
cuuld -sac on Sylvan Court was not dedicated to the City when the parcel was annexed.
The d sign by the consulting engineer was for a collection line to go through with a
man-h le in the vicinity of the park. In consultation with Parks Superintendent
Drent, because of the small size of the park and it's location, we feel that the extra
cost -o run the sewer around the perimeter in the right of way versus going through the
middl could out -way the cost to the City in the long run over the maintenance of the
park.I
It is the recommendation of the Committee that the engineer obtain an easement through
the Park and if not an easement then force a change order to go around the park.
Counclman Nystul so moved.
' Councilman Ruiz presented a diagram of what Councilman Nystul was referring to. The
diame er of the cul-de-sac is about 68 ft. If it is dedicated to the City, there will
be an obligation for maintenance to the park. It was also discussed if the owners
would be willing to give the City an easement for the line and continue to maintain the
park hemselves. If that was not agreeable we would fan out in that direction.
Hafferman seconded the motion.
Marilyn Bain, 607 Sylvan Court, stated she was the property owner involved in this
issue. She said she will not grant an easement to the City. She felt the offer she
made to the City is more than fair and says she stands by that. Her offer included
dedicating the property to the City free of charge. In return 1) the property be
dedicated and named after her mother, developer of the property, 2) the property be
properly maintained and 3) minimal playground equipment be furnished for the children.
Art Lhompson, 624 Sylvan Court, resides across the street from this small parcel. He
stated he felt this was an exceedingly generous offer. He said going around this
property would be expensive. He said he was the main person that maintains the
property.
Mary 7 Nelson, 549 Sylvan Dr. spoke in favor of the proposal.
Art Thompson suggested the City accept a $1.00 year maintenance contract for the
residents to maintain the park.
' Pat (King, 648 Sylvan Court, recommended the acceptance of Mrs. Bain proposal. He
agree with Thompson's maintenance contract proposal.
After discussion and upon vote, the motion failed, with Councilman Nystul voting yes
and all others voting no.
Councilman Ruiz moved we accept Mrs. Bain's offer to dedicate the property to the City
under her conditions:
1) the property be dedicated after Mrs. Bain's mother.
2) the City maintain the property.
3) a minimal amount of playground equipment be provided.
4) the cost of the deed and recording fees be paid by the City.
Saverud seconded and the motion carried.
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512
Woodland Park S.I.D. Change Order
Councilman Nystul moved the street reconstruction issue be referred to the Public Works
committee with power to act. Councilman Ruiz seconded and the motion carried.
Authorization to Call for Bids for Water, Sewer & Storm Main Reconstruction
Councilman Nystul moved the staff be authorized to call for bids for the construction
season. Councilman Ruiz seconded and the motion carried.
PARKS & PUBLIC LANDS I
Resolution on Lawrence Park
Councilman Manning stated the Committee postponed this resolution until the next
meeting so that additional information may be obtained.
Ordinance 1098 - First Reading
An ordinance relating to the Kalispell downtown redevelopment plan; (Griffin Field
project) approving a certain project as an urban renewal project.
Councilman Manning so moved ordinance 1098. Councilman Palmer seconded the motion.
Councilwoman Hafferman stated if this is done for the Lakers, what is stopping other
other organizations from coming and requesting the same.
Councilman Manning stated the field will be multi -use for others to use.
After some discussion, Councilman Saverud stated if the first reading of the ordinance
passes, prior to second reading, we should pass a motion that would clarify or remove
the motion on the books regarding the disposition of the proceeds of the sale of
Griffin Field.
Councilman Schindler questioned if the tax increment money will go back to TIF upon the
sale of the property.
Councilman Manning stated maybe we will not want to sell the property when the
time comes.
Councilman Schindler said he would like to see in writing that if it is sold, the money
goes back to the TIF. He also spoke against the ordinance in general, due to the
financing. He does not feel the financing should come out of the tax increment
district. He said that when Begg Field was acquired, there was $60-80,000 in money
used from Parks and Public Works.
Chuck Mercord spoke on behalf of the TIF Committee. He asked if Schindler would feel
better about it, if and when the property is sold, and if there are excesses, that it
come back to the City to pay for those up front costs. He said there would be no
problem with that. Councilman Schindler was agreeable.
Councilman Ruiz spoke in favor of the motion. He said he was pleased to see the TIF
dollars being distributed community wide. He stated it was money well spent.
Councilman Saverud also spoke in favor of the motion. He said the type of investment
to spur activity, positive development and growth, is what this fund was developed for.
Upon roll call vote, the motion carried with Councilmembers Schindler and Hafferman
voting no.
Call for Bids, Griffin Field
Councilman Manning moved to authorize the City to call for bids for Phase I excluding
the site work owed. Councilman Nystul seconded the motion. I
After discussion, upon vote, the motion carried, with Councilmembers Schindler and
Hafferman voting no.
Recommendation on Tennis Courts
Councilman Manning reported at the Parks Committee meeting, 3 proposals were received.
The committee recommends L.E. Courts be awarded the bid. Councilman Manning moved that
L.E. Courts do the tennis court resurfacing. Councilman Nystul seconded and the motion
carried.
Norman Lewellen-fundraiser proposal
Councilman Manning announced Norman Lewellen will be making a presentation at the next
Council meeting concerning ways to raise money, including donating a carving, to
provide a handicap trail at Woodland Park.
513
FINANCE & ADMINISTRATION
Approve Claims
Councilman Palmer moved the claims found in order be paid. Councilman Nystul seconded
and t�e motion carried.
Recoamnendation on Telephone System Bids
Councilman Palmer read a portion of a memo dated March 23, 1987 from Clerk Halver
recommending the bids be readvertised with some tighter bid specs to require a new
' system, Halver would like to also require more detailed cost figures so he knew how
much each type of telephone we are replacing would cost.
Councilman Palmer referred to the Finance Committee minutes dated March 23, 1987 and
the next memo dated March 26, 1987. Halver reported the All-tel bid is a system for
which they did not provide hardware references for the equipment proposed. They did
not p ovide the FCC registration number and the "comfort letter" from the manufacturer
has not been received.
North st Telephone proposed to sell us our existing used telephones, console and
misce,laneous components, which are approximately 7 years old. Halver was not
satisfied with the price and information provided. For example there were no prices
for different model telephones if we wanted to change to a fancier type.
Councilman Palmer referred to Clerk Halver's 4th memo dated April 6, 1987.
request authorization to solicit quotes for a municipal lease purchase in
r to pay for the system. I also request the purchase contract be
ingent upon our receiving a satisfactory "comfort letter" from the
facturer. (This has been promised by telephone by Toshiba.) I further
est the contract call for proof of certification of maintenance
onnel by Toshiba."
"I am recommending the Council accept the Bid of All-tel Communications for a
Toshiba Perception Electronic Digital Business Communication System plus their
options of wiring to the Emergency Backup Power System and the Battery
Back-up."
"Although the bid of Northwestern Telephone is $164.15 less than the other,
the bid includes our existing in -place Console, Phones, Speakers and Modules,
some of which is about seven years old. I feel the additional price of
$164.15 for the base system with all new equipment is more cost effective over
the expected life of the system."
Palmer reported it was the committee's recommendation the bid award go to
Councilman Schindler asked how long All-tel has been in business.
Jim Atkinson, All-tel representative, stated since June of 1983.
Counciilman Manning asked what the difference was on the battery back up.
Councilman Palmer stated the Committee bad been told by both of the vendors that we
required a 4 hour back-up energy supply. All-tel says 4 car batteries will do it.
Northwest Telephone says theirs are Gel-sel batteries, that can be adjusted on the bid.
Councilman Palmer commented Clerk Halver was very consistent on his recommnendations up
to the point of pressure, saying he would like to have a break down and additional
' costs. He stated the Committee has been consistent all along not wanting to buy phones
we haTa been using for 7 years and pay the same price we are paying for a new system.
Councilman Palmer stated the Committee's recommendation is to accept All -tells bid.
Councilman Palmer so moved and Councilman Nystul seconded.
Councilman Schindler said that Clerk Halver stated the Northwestern Telephone is too
sophisticated for our needs. He asked that since it will be tied in to a major
generator, in the case of a major crisis, the one set of phones we want in operation,
from a safety point, is police and fire. He said he would be much more at ease if those
phone$ were going through the emergency generator than 4 car batteries.
Councilman Palmer stated both systems are tapped into the emergency generator with the
same type of throw switch.
514
Clerk Halver confirmed Palmer's statement and added the bid proposals from both
companies include wiring the phone system into the emergency generator and the battery
back up is a separate or another system of back up in addition to our emergency
generator.
Councilman Schindler asked if that was in case the generator fails.
Clerk Halver responded that in case of and until the generator starts.
Councilman Palmer stated for clarification to the motion, this is subject to us being
able to obtain satisfactory financing.
Councilman Nystul added it should also be subject to the other conditions recommended
by the Clerk to tie down the costs of change -outs so we know what it will cost us to
make any changes, which we would do with either vendor.
Fred Kluesner, business consultant, Northwestern Telephone, stated the some of the
equipment started about 7 years ago. He said he did not think the majority of the
equipment was 7 years old.
He also stated Northwestern Telephone has been in business a long time and one of the
largest taxpayers and so are the people who work for Northwestern Telephone. If it is
your desire to act on this recommendation to go for the competitor bid, then we have no
alternative than to force the context of the letter we sent to the City on March 23,
1987. We will do that formally.
Councilman Palmer asked what he was referring to.
Kluesner read the letter dated March 23, 1987 addressed to Clerk Halver.
"In our review of the bid proposal submitted by All -Tel for the City of
Kalispell, all bid requirements were not met as requested. This applies to
both areas of Bidder Qualifications and Equipment Requirements."
He added, on a sealed bid, he thinks that is important.
Fire Chief Larson said he had been asked if the systems met the specifications of Fire
Code and ISO. He asked if we could postpone the bid award until these questions are
answered.
Councilman Palmer replied we are under a time schedule but we have a right to reject
the call for bids.
Fire Chief Larson requested more review on the bids.
After discussion, Councilman Nystul withdrew the second and Councilman Palmer withdrew
the motion. The issue will be discussed at the Special Council meeting Wednesday,
April 8, 1987.
ACKNOWLEDGEMENTS, ANNOUNCEMENTS & APPOINTMENT
Mayor Kennedy wished City Attorney Neier a Happy Birthday.
Mayor Kennedy announced he will be out of town April 10-16th. Councilman Schindler
will be Acting Mayor while he is out of town.
ADJOURN
Councilman Saverud moved the meeting be adjourned.
the meeting was adjourned at 10:15 p.m.
Approved as presented May 4, 1987
ATTEST:
Do Halver, Clerk/Treasurer
Councilman Schindler seconded and
zlzn"�
Ed Kennedy, Mayor
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