Loading...
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. I 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. I 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 1