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05/16/88 City Council Minutesc1 f431 43 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MAY 16, 1988 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENSIEDY PRESIDED. COUNCILMEN NYSI'UL AMID ATKINSON WERE ABSENI'. ONE COUNCIL SEAT IS VACANT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Regular Council meeting of May 2, 1988 Councilman Schindler moved the minutes be approved as presented. Councilman Gunnerson seconded and the motion carried. PUBLIC HEARING: Request for Zane Change: Include Rental Service and Storage Yards as a Permitted Use in B-3 Classification Mayor Kennedy called upon Building Official Craig Kerzman who explained the change. The Mayor then opened the Public Hearing and called for Proponents. Van Kirke Nelson, spoke for the zone change and reviewed the history of the lot to the council. Bill Purdue, representing Firestone from Boise, spoke in favor of the change and explained how Firestone intended to use the lots. With no other proponents, and no one responding to the calls for opponents, Mayor Kennedy closed the Public Hearing. ADDRESSING THE COUNCIL No one addressed the council. BID OPENINGS: Hot Mix - Estimated Quantity 6199 tons 1. A-1 Paving, Inc., 10% Bid Bond, $16.60/ton, Total $102,903.40 2. Nupac, 10% Bid Bond, $27.50/ton, Total $170,472.50- Councilman Saverud moved the bids be referred to Public Works for a report back to Council. Councilman Schindler seconded and the motion carried. Uncrushed Subbase 12" -- Estimated Quantity 18,150 tons 1. A-1 Paving, Inc., 10% Bid Bond, $1.00/ton, Total $18,150.00 2. LHC, Inc., 10% Bid Band, $1.05/ton, Total $19,057.50 3. McElroy & Wilkin, 10% Bid Bond, $1.15/ton, Total $20,872.50 4. Nupac, 10% Bid Bond; $.70/ton, Total $12,705.00 Councilman Saverud moved the bids be referred to Public Works for a report back to Council. Councilman Schindler seconded and the motion carried. Uncrushed Subbase 6" -- Estimated Quantity 18,150 Tons 1. A-1 Paving, Inc., 10% Bid Bond, $1.10/ton, Total $19,965.00 2. LHC, Inc., 10% Bid Bond, $1.05/ton, Total $19,057.50 3. McElroy & Wilkin, 10% Bid Bond, $1.15/tarn, Total $20, 872.50 4. Nupac, 10% Bid Barad, $.85/ton, Total $15,427.50 - Councilman Schindler moved the bids be referred to the Public Works Committee for a report back to Council. Councilman Furlong seconded and the motion carried. Crushed Base - Estimated Quantity 5,470 Tons 1. A-1 Paving, Inc., 10% Bid Bond, $3.30/ton, Total. $18,051.00 2. LHC, Inc., 10% Bid Bond, $3.40/ton, Total $18,598.00 3. McElroy & Wilkin, 10% Bid Bond, $3.25/ton, Total $17,777.50 4. Nupac, 10% Bid Bond,,-$3.00/ton, Total $16,410.00 Councilman Gunnerson moved the bids be referred to the Public Works Department for a report back to Council. Councilwoman Hafferman seconded and the motion carried.. Pipe Bedding - Estimated Quantity 2,000 Tons Each 1. McE'lroy & Wilkin, 10% Bid Bond Type 1 Pipe Bedding, $3.15/ton, Total $6,300.00 3/8 Minus Clean Pea Gravel, $3.15/ton, Total $6,300.00 Total Bid $12,600.00 44 44 2. Nupac, 10% Bid Bond Type 1 Pipe Bedding, $3.00/ton, Total $6,000.00 3/8 Minus Clean lea Gravel, $3.00/tarn., Total $6,000.00 Total Bid $12,000.00 Councilman Gunnerson moved the bids be referred to the Public Works Department and Committee for a report back to Council. Councilman Furlong seconded and the motion carried. General Excavation - Estimated Quantity 300 Hours 1. LHC, Inc., 10% Bid Bond, $76.50/hour, Total $22,950.00 2. McElroy & Wilkin, 10% Bid Bond, $68.00/hour, Total $20,400.00 3. Knoll Construction/Northland Construction, 10% Cashier's Check, $77.93/hour, Total $23 , 37 9.00 . 4. Nupac, 10% Bid Bond, $50.00/hour, Total $15,000.00 Councilman Gunnerson moved the bids be referred to the Public Works Department and Committee for a report back to Council. Councilman Saverud seconded and the motion carried. Truck Rental W Estimated Quantity 1,500 Hours 1. A-1 Paving, Inc., 10% Bid Bond, $44.00/hour 2. LHC, Inc., 10% Bid Band, $39.00/hour 3. McElroy & Wilkin, 10% Bid Bond.- $39.90/hour 4. Knoll Construction/Northland Construction, $5,925.00 Cashier's Check, $39.50/hour 5. Nupac, 10% Bid Bond; $34.00/hour Ooinzcil-man Gunnerson moved the bids be referred to the Public Works Department and Committee for a report back to Council. Councilman Schindler seconded and the motion carried. CITY OFFICIAL REPORTS Treasurer's Report (April) Police Chief " City Judge " Building Official " Councilman. Schindler moved the City Official Reports be accepted as presented. Councilwoman Hafferman seconded and the motion carried. MAYOR'S REPORTS: - No Report CCMETTEE REPORTS: COHVJTN TY DEVELOPMENT/BT=ING REGULATIONS/PARKING/PUBLIC BUILDINGS Resolution 3791- Endorsing Chamber of Commerce as Sponsor in Montana Superhost Program Councilman Saverud moved adoption of Resolution #3791, a resolution endorsing the Kalispell Area Chamber of Commerce as the sponsoring organization for Kalispell, Montana, in the Nbntana Superhost Program. Councilman Furlong seconded. The motion carried unanimously upon roll call vote. Parking Camission Purchase of O'Neil Property Councilman Saverud reviewed the proposed sale of the old O'Neil Lumber Property. Saverud moved the Council authorize the City Staff, including the Mayor and Ccmmini!ty Development Director, to work with the Parking Ccmission in developing a feasibility study of this particular site for parking, the benefits of the major renovation of the old O'Neil Lumber Ccnpany Building, the planned parking and landscaping and the value placed on the property by an independent appraisal report will all be considered. The staff will then report this information back to the Cb munity Development Committee who will then bring a reccomendation to the council. Councilman Furlong seconded. Saverud said the committee was favorable but felt the appraisal was necessary. Kevin Calnan reported the proposed price is $7.50 per square foot. Gordon Pirrie, Parking Commission Chairman, said they wanted this lot because of it's Main Street location and merchants in the area were requesting the additional parking in the area. Saverud requested the survey be done speedily as there is a time restriction on the buy --sell agreement. �J 1 The motion carried unanimously. FINANCE/PERSONNEL & POLICY/INSURANCE Approve Claims Councilman Schindler moved the claims found in order by the Ccunittee be approved for payment. Councilman Saverud seconded. The motion carried. The committee recomgnended the Public Works Department investigate bidding out Tire Repairs. PARKS/PUBLIC LANDS/ANIIEXATTON/ZONING/AIRPORT Ordinance #1124 - Expand uses in B-3 Zoning - First Reading Councilman Furlong moved approval of first reading of Ordinance #1124, an ordinance amending Section 3.04(K) of the Kalispell Zoning Ordinance, (Ordinance No. 1110), by expanding the list of permitted and conditional uses in a Community Business, B-3 zoning classification to include "Truck Rentals, Single Axle, less than 20,100# GVW", as a permitted use, and declaring an effective date. Councilman Gunnerson seconded. Councilman Schindler reported Dr. Van Kirke Nelson was his cousin through marriage so he would be abstaining from voting. The motion carried with Schindler abstaining and all others present in favor. Resolution 3792 - Establishing Park Reservation Fees Councilman Furlong moved Resolution #3792, a resolution establishing Reservation Fees ,�-id Rules for Group Use of City of Kalispell Parks. Councilman Gunnerson seconded. "Le motion carried unanimously upon roll call vote. PUBLIC WORKS/PUBLIC SAFETY/WATER & SEWER Woodland SID #337 EPA Requirement Counci:'J on Gunnerson reviewed the history and purpose of the Environmental Protection Agency grant. The city received a grant of $136,949.00 to construct sewer lines in the area south of `nTrx eland Park. To date we have received $87,647.00 and stand to receive another $49,302.00. However EPA has indicated due to only 67% hook-ups, they possibly will reccnmend denial of payment of the remaining $49,302.00. The city has basically three options. 1. Do nothing which probably would cause us to have to return the $67,647.00 received and lose the $49,302.00 still due us. 2. Require remaining residents to hook up in accordance with the existing ordinance. 3. Hook up the remaining residences and possible absorb some of the costs. Gunnerson reviewed the action of the council last fall telling the residents they would not have to hook up for five years unless their septic system fails. The committee reccmmaended and Gunnerson "brought to the floor" for discussion, and reserved the right to comment later, "we request those people to adhere to the current ordinances that are on the record with the City of Kalispell and hook up to the sewer project." Upon question of Councilman. Furlong, Gunnerson stated this recommendation was a motion. Councilwoman Hafferman then seconded the motion. Gunnerson said he is convinced the City made promises to the citizens last fall and we need to live up to those promises. He did not feel we should force the people to hook up. Mayor Kennedy asked for clarification of the motion and he and Councilman Gunnerson agreed the motion was to "request the residents involved in SID 337 hook up to our sewer system." Councilman Furlong said our problem was with EPA, that they have changed the rules in mid -stream and we should negotiate for an extension of time. Sooner of later they will have to hook up because of septic tank failure. Mayor Kennedy asked if the council had reviewed City Attorney Neier's mono, and Councilman Furlong asked Neier to summarize. Neier then reviewed the history of the project and grant. His maw said the city was advised to discuss the mandatory hook-up requirement at the public hearing held for formation of the SID. To comply with the grant requirements, the city passed Ordinance 1092 which required sewer hook-up within 180 days of notification. �f Neier's memo goes on to state that, following the final construction inspection held August 19, 1987 the city was requested to write to all project area residents requiring connection. On September 8, 1988 the council authorized a letter to all residents of the project area explaining the city's position. Cn March 7, 1988 Randall Nelson wrote a letter to the city which stated: "Before closing out the grant for this project, we will review the number of users connected to the system and the city's actions to achieve full utilization of the system by June 30, 1988, the date one year following initiation of operation of the system. If all of the users have not connected to the collection system by June 30, 1988 we will need to take one of two courses of action.: 1) pay a percentage of the eligible project costs equal to the percent of users connected to the system, or 2) annul the grant, ie, reclaim the entire grant amount previously paid. In the few similar situations which have arisen in EPA Region VIII, the grants have been annulled." The memo then states The City has approximately 63.6% of the project area connected to the sanitary sewer. Obviously the City has not complied with the expectation of the WQB/EPA and as a result may lose funding for future projects or be subject to a reclaim in the amount of $87,647. Neier said he had talked to them today and they may be willing to give the city some extension if the city makes some sort of good faith effort to get the connections made. They are wanting 100% hook-ups at some time in the future, perhaps as early as six months from June 30, 1988. There are two meads whereby people would not have to hook up. One is they are financially unable to hook up or should the individuals who do not wish to hook up just absolutely and finally resolve not to hook up to the city system and the city cannot get them to hook up or they successfully challenge the city's right to require them to hook up. Councilman Schindler said one of the bones of contention at the public hearing was whether people with adequate septic tanks would have to hook up and he felt we had told them in good faith they wouldn't have to hook up until their systems fail. We may have misunderstood but we have to stick with our premise. He thought we should be able to appeal EPA's decision to some higher authority, he thought they changed in midstream. Councilman Saverud agreed with Schindler's explanation. He asked if we have an indication of how many more plan to hook up. Public Works Director Hammer thought most people who intended to hook up have already done so, we may -get eight more. Councilman Furlong thought we should try friendly persuasion and let them know what kind of predicament we are in. Councilman Schindler asked PWD Hammer if "we had been led down the rosy path by any individual other than EPA." Hammer said at the time of the public hearing of the SID, the people were told they wouldn't be forced to hook up. Then, as early as October 28, 1986, the city was put on notice by a letter that all residents were to be hooked up within one year of completion of the project. Councilman Gunnerson said the intent of his motion was to request cooperation, not to require compliance with the ordinance. Councilman Saverud asked the request indicate as precisely as possible our predicament. The motion carried unanimously. Recommendations on Baal Awards: Asphalt Crushing Councilman Gunnerson reported the trip distance and time was considered in the bid recannendation. He then noved the bid of Torgerson Construction for $3.40 per ton be accepted. Councilman Schindler seconded and the notion carried. Curbs & Sidewalks Phase I Councilman Gunnerson moved the bid of Marriott Concrete for $78,200 be accepted. Councilman Schindler seconded and the motion carried. Curbs & Sidewalks, Year Ending December 31, 1988 Councilman Gunnerson moved the bid of Sandon Construction, averaging $617.50 per 250 sq. ft. sidewalk be accepted. Councilman Schindler seconded and the motion carried. �J� ii Sewer Materials Councilman Gunnerson moved the bid of Western Utilities, for $12,070.00 be accepted. Councilman Schindler seconded and the motion carried. Water Service Fittings Councilman Gunnerson moved the bid of Western Utilities, for $8,758.23 be accepted. Councilman Schindler seconded and the motion carried. Water Main Materials Councilman Gunnerson moved the bid of Western Utilities, for $112,779.13 be accepted. Councilman Schindler seconded and the motion carried. RecoirBnendation to Delay_ First Alley West Project Councilman Gunnerson moved to table the bid award for the First Alley West Project and have the City Accountant and Public Works Director put together a recommendation back to the council at the next council session, of funding for the First Alley West Project. Councilman Schindler seconded and the motion carried. Councilman Gunnerson moved Bilh-payer Engineering be selected as Construction Engineer for the First Alley West Project. Councilman Schindler seconded. Councilman Furlong spoke against the motion, wondering why we need to pick the Engineer when we aren't sure of the funding. It was explained the Engineer will not be used until the project actually starts; he will be the construction inspector and if the project isn't done the contract with the Engineer will not be issued. Councilman Gunnerson said the intent of the motion is simply to allow the contract to be negotiated if and when the project goes. The motion carried with Councilman Furlong opposed. Ordinance #1123- Designating Additional Handicapped Parking Spaces - Second Reading Councilman Gunnerson moved passage on second reading of Ordinance #1123, an ordinance designating the first parking stall on the north side of Second Street West at Main Street and the first stall on the south side of Third Street East at Main Street as Handicapped Parking Spaces, repealing a portion of Ordinance No. 1030, to provide for the installation of signs and to provide an effective date. Councilman Schindler seconded. The motion carried unanimously upon roll call vote. Neighborhood Meeting - Southwest Kalispell Project Water/Sewer Superintendent Hyde announced there will be a neighborhood meeting regarding the Southwest Kalispell Project. It will be held in the Council Chambers on June 15, 1988, Wednesday, at 7:30 pm. ACKN{ ZMaY I'S, ANNOLNaE=S AMID APPOININENTS Fire Chief Appointment Mayor Kennedy thanked Councilmen Saverud and Furlong for helping him in the selection process for the new Fire Chief. Kennedy stated "It is my pleasure to reccrxnand to this Council and to make the Appointment of Ted Waggener as Fire Chief for the City of Kalispell at a salary of $32,240.00, to serve a one year prcbaticnary period starting March 1, 1988. Councilman Saverud moved "with a great deal of personal pleasure" the confinnation of Ted Waggener as Fire Chief, Councilman Schindler seconded and the motion carried followed by a round of applause. Chief Waggener thanked the Mayor and Council and stated he appreciated the opportunity to continue serving the City of Kalispell. Ccranendations Councilman Furlong moved the City Council publicly, and in written form, cnd the Fire Department of Kalispell. In the course of the interviews the department had four men rating right in the top, and the department should be ccanTnended for that quality of training. Councilman Saverud seconded and the motion carried. 4 s 48 Councilman Gunnerson commended Police Chief Addison Clark for the excellent presentation he and one of his officers made at a recent Votary meeting. Gunnerson said he felt it was one of the most exceptional presentations he had heard in a long time and the Rotary members were very pleased and proud to have the members we do on our police force. Council Vacancy Councilman Saverud reminded the residents of Ward 4 of the vacancy in that ward and for any interested parties to apply with the Mayor by June 1. Saverud also said the candidates would be interviewed early in June prior to filing the vacancy. Mayor Kennedy said there are four applicants so far. ADJOURN Councilman. Schindler moved the meeting adjourn, Councilman Gunnerson seconded and the motion carried. The meeting was adjourned at 9:18 pm. Approved as presented June 6, 1988 �� 1 hn "Ed" Kennedy, Jr. Mayor ATTEST: Don Halver, Clerk/Treasurer 1