08/04/69 City Council MinutesREGULAR MEETING
A regular meeting of the Kalispell City Council was held August 4, 1969,
In the Council Chambers with Mayor Bjorneby presiding.
Councilman O'Brien was absent. All others were present.
Minutes of the regular meeting held July 14, 1969, were read. Council-
man Roche moved approval of the minutes as read. Seconded.by Councilman
McCormick and carried. Councilman Roche moved approval of the minutes as
corrected for the July 16th and 23rd meetings. Seconded by Councilman
Roberts and carried.
A letter of veto by the Mayor follows:
City ounc-"
T of Y ,.lispe l
Ge:r tlemen-
NAB EC ,X'S PLAYGROUNDS,
--,4, 1909
deferring to Council action to award a bid for a front end loader, I feel y_
to be to the best interests of the City of Kalispell that I veto this action for
following reasons,
1. The Statutes of the State of 'ontara plainly state that the contra,c', f,. .
purchase rust be let to the lowest responsible bidder after advertisement for bids.
2. The two bids under final consideration, both bidding the products of Eco,,
responsible companies, are too far apart to throw out price consideration.
3. The low bid machine is reco:::mended by two users whose needs would paral.i,.:..
vialter Anderson, City Manager of Helena, :`.ontana, and Ed Waldo, Supt. of Public !,Jc-rF_
Lillings, Montana.
4. To accept .,o_;_, vcwoul u _ ---
This veto is :, 1 j..:. .cti:
power grader with automa ,�_ c c.s
irence G. Bjorneby,
I'-, c'r J
co_:I__ , -,•itive bidding.
Y t: e bid on the
Below is an opinion by the City Attorney:
,7
August 1, 1959
M�:\7or, City of Ka_'_-.spe__Ll
l:ti.lis a11, Montana 59901
'a r:
the county.: meeting of. July 23, 1969 I was requested to
.i >h r;L_v Op �f c:z u s cc:Lr:i n the construction of �:�..� words '"lowest
zpo.--si ,-e bidder" ass used in Section 11-1202, RCM, 1947, as amend-
Ci . Ly . as -f o ;.lows
le S,.,�Dreme Cour;7- or - -ie of Montana has stated that "it
s z-IiC gc .eral r,� 7e .:i-sat, wher. the of the :�.=,.�n.-Lcipality
z:.:_ a rr:quired by s --' la -t, contr,,, , ctts to the to ,ie s t. bider, a
.ct not so a,.-7a.rdc�C ws .,_Ileg�:=.".. iG'Brien v. '�,�inlcenbc g, 111
. � n�issou? a -��t^ L. jai "��z:�,r Co. v. City o� "✓. _, ��- a, 47 nion .
Cor.1mo : al 3&-,.�:'_c;c Co. of Moa n a v . .._ty of Deer Lodge,
^'_, that -the statu c:- .�,, i_J_.aitatior. o�
. respc sin �a b-_ __" l an ve
Dry `�' s .._ „ .a. E directortr. .ese cases ho__
? - " into in d-sregard to ;.ie limi ,-
___. ever, whz:t appears important i- -,,Iese ca_,es is
-.e ads. , urne. .;. znv:`.= _rg aids and accepting z.11 bona fide
us"._ be fo.Liowed.
'a the specific question of whether or not the city council
right to e.,rcrcise discretion in awarding a contract other-
aeting the statutory requirements set forth in Section 11-1202,
1�47,- as amended, the ruling case appears to ba Koich v. Cvar
111 Mont. 463. In that case the City of East. Helena properly
:ised or bits on fire fighting equipment. The city received
as ids, one fo $3,155.00 and one for $3,500.00. The contract �.,!as
to the $3,5uJ.00 bier : r. The Supreme Court- of n,tontana up-
_�: ds this awa.:�d '4-o the hig-_:r bidder, .:..tatina M pinion, that
c:. tv council c h --,ve o::., ditiz that such
c.._sur - aon is c:d as 4... lei'..; nor fraudulent
�act:..ces or oest _. ;ter, o:_ public. In
u'.sholc.ing tho _ 1-cjaer oidu�:: th` ,.�..ared the face
t;.at the trey
ab4lit,7, anu :�c __scientiousness of bath
with which each could :"ulfill the con-
:rsc _
-o t1ia higher bidder was not arbitrary, corrupt,
o-apre s s ive or . ; audu len t;
T'ne coon cif 4::u CG. d-,:c� a reasonable and fair investigation
Loth Xiludera ° product;
`l'ie council dial ace 11-oGn reasonable information received as
<_ result of such investic.-atio:_ and the council did have the
Est interest of the city as a w1iole `n mind;
The action of the cc _ -
.oil zwarc.ing the bid to the higher
idder was fair, hon-st did -.ot show favoritism or bad
k). T:'1G rao::cti:ary diiffcr,? _ betwec:.a the two bids was slight
.boat 1GI of t'Y_e :Zic: _est :yid; and at several points in the
cision `ci-.e court Co.:.:<<en ,-:o_- t at "for a few hundred dollars"
city should, b�3 pc.- ed to buy the higher priced article
_n view o all tr_e cons u�ratior.s developed in the coun-
il°s
The ic:, wit'_i his company only a short time
,one --ar ar:d aid n oz _r_o:; i:: his coranany had sold any sub-
stan e_.. .moun of ec,.,i.pm nt elsewhere in state;
u. The accc.iJ"�c_c. :-)iI-._e:i:'s proC:uct did meet specifications of
4.he advertisem. cn-,_ for bids whereas the rejected bid had a minor
:eficiency (the court: sta—ad however, that "generally" both
aids did et the ic<: specif�ions as advertised} ;
The accuptcC: bidder h a traveling serviceman available
Lor repairs and consuita-�-_ on whereas .the rejected bidder did
have a serviceman cic ur that: Spokane, Washingto::; .
u. The fire cl:ic;L of EL.;, :zclena had seen a demon -z-ration of
--he accepted equipment a. d was "sold" on it whereas :.a had not
seen the other product demonstrated and the rejected product
:gad no general reputation in c.. canes.
r. e.�tens=ve annotati^n of this question is found in 27 ALR 2nd
5'17. Sevo,-al similarly worded statutory provisions from other states
are e._-amined and the ' consensus appears to be that the city council
has a certai:: latitude or- discretion in deciding what is the "lowest
respo-sible biC-der". The governing bodies involved are required to
follo�r st`::ictly Sze bid invitation procedures and thereafter whether
or noz the lowest bidder is "response -__ c" is a auestior_ of fact for
-che council -z�o decide after reasonable investigation nEL. in good
faith. The gene _-„1 ..-ula anoears to be that as long as decision
of th,- council is honest, fair, reasonable and not the rtSJult of
-avoritism or corruption o-- bad faith that the court will. '_iesivate
to overturn an award to other than the lowest bidder.
It is my conclusion that t:ie council in a,,�iarding a (,::),-,tract
that falls within the purview of Section 11 202 must mzt e a reaso'n-
able and fair investigation of the proc:ucts offered and t,e abi''Eity
of the bidders to live up to the terns of the bid; the product of-
fered must =..-;F_sure up to the advertisod specifications within reas-
on•ablc toler,-..:ces and must .ot so far exceed the specifications as
to be an bid. The difference in the price between the 10%1-_
est bid and accop led bid .;gust 13e reasonable. The general rep-
utation utation of bidder _nu_ -w:e availibiiity--- o="_--
service personnel and
repair are all fac-tors to be considered under the heading
of "r7.spo : >::bility" of the bidder. The totality of the circumstances
n
C
Imerely one -facet
T:':.;der a:.- ,� cz :�: �:::�.s -- -.,,n �; ci " counc-'.1 mus' . ,c..; -L� m -id
s� .. l
1..:.-,._ 1... .. p� Y.. _ t. l.l.�
_ __. _
Vizor .,. �:. � ,� _� : __c c ccs , � cc..... w.L a�
ti: :;�k_T t C o: MCrf, __, a 1.1 KO:._._..: V.
0...4s s1101sla be ;Lc el, tCae _c re
_- -C4 .:1a,. r AS ..... a
. _•_.. .. ._.d� c t CanG,, .,.y C, _ __C _ 1 . lCiZ
to '. e .. _ c; r4 ::s a:,-d ci.i:c s',.. -.Ces n Ind. `:?ual
sec " :.11y submi : c o
Norbe-�t F. Do-.ahuc, CS.t,x nea
Councilman Roberts moved to over -ride the Mayor's veto and support
committee recommendation on the purchase of the front end loader. Seconded
by Councilman Riley. Roll call vote. Councilman Riley voted no. All
others voted aye. Motion carried.
Ooen Bids - S.I.D. 312 Construction:
Lyford Plumbing & Heating $20,155.50
Kalispell, Montana
Hamilton Construction 24,328.50
Whitefish, Montana
Kalispell Plumbing & Heating 18,443.00
Kalispell, Montana
Bids were accompanied by proper bid deposit.
Councilman Roche moved the bids be referred to the Water & Sewer Com-
mittee with power to act. Seconded by Councilman Miron and carried.
No bids were received on S.I.D. 312 bonds.
Hear and Pass on Protests: Olson Addition, Beaver Property and Grand
View Heights Addition #1.
No protests were received.
Action on the annexation of the Olson Addition and Grand View Heights
Addition was deferred until plats are filed.
Councilman Roberts moved adoption of Resolution No. 2743 - a resolu-
tion extending the•corporate limits to include tract of land described in
Resolution of Intention No. 2739 (Beaver Property). Seconded by Council-
man Miron. Roll call vote. All voted aye.
Councilman Roberts moved adoption of Resolution No. 2745 - a resolu-
tion approving the Federal Rent Supplement Program. Seconded by Council-
man McCormick. Roll call vote. All voted aye.
Neighborhood Development:
Mr. Don Penner of the Ken R. White Company and Mr. John Duffy of the
Seattle HUD office recommended the City of Kalispell make application for
a feasibility study in connection with the Neighborhood Development Pro-
gram. The cost of the study would be taken care of by a Federal grant of
approximately $40,000.00.
1
Councilman Roche moved adoption of Resolution No. 2746 - a resolution
authorizing Mayor Bjorneby to make application for the feasibility study.
Seconded by Councilman Riley. Roll call vote. All voted aye.
Councilman Riley moved the Chairman of the Board of the Kalispell
Neighborhood Development Authority to contract with Ken R. White Company
as consultant on the feasibility study. Seconded by Councilman Miron and
carried.
Mr. Penner introduced Mr. Henry Dalbert, Engineer, and Mr. Bob Sellers,
Office Manager of the Ken R. White Company.
Mr. Dalbert proposed the City of Kalispell make application for a
grant from the Metropolitan Development Office for the purpose of complet-
ing a business area storm sewer project. The approximate cost of the pro-
ject would be $200,000.00 and recommends requesting a grant of $100,000.00
in the MDO preliminary application for funding.
The Ken R. White Company will proceed with the preliminary MDO appli-
cation for the City, at no cost to the City, but would like to be considered
as the Engineering Firm for the project if the project is approved.
Councilman Miron moved the Ken R. White Company be authorized to pro-
ceed with the MDO application for matching funds for the storm sewer pro-
ject. Seconded by Councilman Hensley and carried.
Councilman Roberts moved Mayor Bjorneby be authorized to negotiate
sale of S.I.D. 312 Bonds at private sale. Seconded by Councilman Turner
and carried.
Committee Reports:
Parking Meters - Councilman Miron reported that 28 new rebuilt meter
heads have been received and 22 of these are being reserved for the Edmiston
& Bell lease lots.
Employment & Safety Committee - Councilman McCormick reported the
committees have had three meetings with representatives of the Police and
Fire Department, and recommend the base pay for police and firemen be
$550.00 per month and that they be granted one additional holiday.
Councilman McCormick moved adoption of the committee report. Seconded
by Councilman Roberts and carried.
Councilman Roche reported the completion of the swimming pool was
overdue as of July 28th. It is anticipated that the pool will be com-
pleted about the end of August. It is suggested that the pool be operated
on a free basis for the short length of time it will be open this season.
Dr. Roche reported that a meeting was held with Mr. Langbell and Dr.
Blake. The School District and Flathead Valley Community College are a
little over $400.00 short of funds for the refurbishing of the tennis
courts at Central School, and would appreciate a contribution of funds
from the City to take care of this deficit.
Councilman Miron moved the City participate in the re -construction
cost of the tennis courts. Seconded by Councilman Riley and carried.
Councilman Turner voted no.
Councilman members discussed sick leave and vacation time accumula-
tion while on vacation or sick leave. It was the consensus of councilmen
that these benefits should accumulate while the employee is on vacation
or sick leave, but that time to attend funerals while an employee is on
vacation, will be considered as part of his vacation time.
Liquor and Beer License Applications:
Off Premises
Beer - Rosauer's
Liquor & Beer - Skyline Bowl, Hennessy's and Jack's Tavern.
ilm
The
lman Riley moved approval of the applications. Seconded by
McCormick and carried.
ieeting was
and appro*
by Mayor Bjorneby.
this ; day of Se
AT2�T: Mayor
City Clerk