05-11-88 Public Works Comm MinutesMay 11, 1988 PUBLIC WORKS/PUBLIC SAFETY 4:00 P.M.
..`- WATER AND SEWER COMMITTEE MINUTES
Attendance: Chaiirman Gunnerson, Councilman Nystul, Councilwoman Hafferman and
Councilman Furlong.
Others Present: Mayor Kennedy, City Attorney Neier, DPW Hammer, Police Chief Clark,
City Clerk/Treasurer Halver, City Accountant Robertson, Acting Building Official Kerzman,
City Surveyor 2avodny, Construction Inspector Van Dyke, W/S Supt. Hyde, Street Supt.
Brady, Jay Billmayer, Billmayer Engineering, and Bob Meinhart, LHC, Inc.
Chairman Gunnerson opened the Public Works/Public Safety/Water and Sewer Committee with
the following first agenda item.
FUNDING - CITY ACCOUNTANT ROBERTSON Mayor Kennedy stated he had requested the staff to
prepare in-depth studies into the various financing of the various projects in which the
City is involved at present. Mayor Kennedy then requested the Committee to refrain from
any questioning until City Accountant Robertson had completed her presentation.
City Accountant Robertson presented the Committee with a packet of explanation of the
status of the Water/Sewer Funds as of 4-30-88. She stated the three projects are inter-
related, i.e., Woodland SID, lst Alley West and Southwest Kalispell, in regard to funding.
The concern of the Woodland SID is the compliance with the mandatory hookups as required
by EPA in the grant which was obtained by the City of Kalispell. EPA has withheld the
final drawdown request for the project and the City must comply with the requirements
of EPA by June 30, 1988. If the City cannot comply, the grant would be forfeited and
EPA would be due a refund of $87,000. EPA will withhold money on the Southwest Kalispell
project until the requirements on the Woodland grant project are satisfied.
City Accountant Robertson then gave a detailed explanation of the four page packet,
(copy attached). The following points have been noted.
The major portion of funding for the 1st Alley West project is being funded by the Tax
Increment Budget. City Accountant Robertson explained that budget is based upon antici-
pated revenue. The City anticipated revenue in 1987 of $929,000 and collections will
be approximately $740,000. She stressed that although the let Alley West project was
budgeted for $200,000, if there is not a cash balance of $200,000 as of June 30, 1988,
the City cannot reappropriate $200,000. Carryover can only be the amount of cash on
hand. She stated the approximate figure for reappropriation will be $166,000. The
actual revenue for fiscal year 1988 is approximated at $740,000.
The anticipated cash flow does not show a $400,000 figure until February, 1989. If the
1st Alley West project is to be on the construction schedule for the summer of 1988,
there is not $400,000 in cash available in the Tax Increment fund.
Some discussion of the Water and Sewer fund balance took place. The sewer fund has
$200,000 in capital improvement to use for 1st Alley West 'project. If $87,000 is needed
as a reserve for the Woodland SID, there will not be total funds available in this line
item.
At this time, the following questions were addressed.
C. Nystul questioned where the dollars for the Construction line item for phophorus
removal came from. City Accountant Robertson explained that with the construction of
the treatment plant, which was done with the last EPA grant, the $25,000 remaining is
interest earned on the money in the fund. She stated the money should go toward phophor
removal or back to the operating fund for the treatment plant. The monies are treatme•
plant monies and are not available for sewer line construction.
C. Nystul questioned the anticipated Morrison-Maierle settlement. City Accountant
Robertson stated that this money is to go into the phophorus removal for the tre
plant.
May 11, 1988 PUBLIC WORKS/PUBLIC SAFETY Page 2
WATER AND SEWER COMMITTEE MINUTES
C. Nystul stated that if all of the monies balance out in the Tax Increment fund at
year end, the City could operate on a budget basis rather than a cash basis. City
Accountant Robertson stated she is unsure where any money for the borrowing can take
place. The budget should be based on what is actually collected.
On Tax Increment, City Accountant Robertson stated the City shouldn't be borrowing money
due to the fact that the City sold bonds in that fund. It will look poor to the bond
agents when they receive their annual report to not have funds in this account.
Mayor Kennedy stated the Council should set priorities relating to funds available and
make a decision as to direction on the Woodland SID and the magnitude of some projects.
He then gave a brief history of the Woodland SID project. In beginning, the citizens
were told that they would not have to hook gnto the City of Kalispell's sewer system
until their septic systems had failed. After that time, the City received information
from EPA stating a mandatory hookup by June 30, 1988. Mayor Kennedy went on to state
that as a responsible administrator, the City should not wait until June 30, 1988, to
decide on a course of action.
C. Gunnerson questioned whether or not the residents were advised of the mandatory hookup.
W/S Supt. Hyde stated that all residents were sent a letter explaining the EPA requirement
and the City attempted to encourage the hookups by reducing the hookup fee from $500 to
$350 until June 30, 1988. The City has received 64% of the requirement to date.
C. Nystul then stated a brief history of the development of the project and the obtaining
of the grant. He stated the time line for the project and the correspondence between
the residents and the City as well as correspondence with the City and EPA. At the time
of entering into the project, everyone understood that EPA did not have a requirement
for 100% hookup. The word 'bubstantial'ums used for the City of Billings for a similar
project and the words "substantially all" was used for the City of Denver. For this
reason the residents were told that there was not a mandatory hookup and the City has
been consistent with what the residents were told.
The following recommendations were made in regard to solutions and the various alternatives
available to the City of Kalispell at this time.
C. Nvstul made a
C. Furlong suggested the City request an extension from EPA for the compliance and the
City could continue to work with the residents and/or create a reserve of $87,000.
C. Nystul pointed out that there is a 180 day notice requiring the residents to hook -on
to the system which has not been sent to date.
DPW Hammer stated that assuming there is a 6 month extension on the EPA requirement,
if by December, they are not hooked on, the issue has been prolonged and will affect the
Southwest Kalispell project. He then stated there is a problem with the residents being
told they would only have to hook on if their systems were failed.
was made by C. Nvstul
before the 180 day notice is Riven. A motion was made to the effect of the
recommenuarion. wirnout a secona, cne motion raiiea.
C. Hafferman stated she believes the City should take stronger action.
'May 11, 1988 PUBLIC WORKS/PUBLIC SAFETY Page 3
WATER AND SEWER COMMITTEE MINUTES
I*
C. Hafferman moved the
an
in compliance with the Health Department.
City Attorney Neier stated there is an existing ordinance which states if the residents
are within 200 feet of a City sewer main, they are required to hook on. He went on to
state another option of the 180 day notice. Another alternative would be to refer to
the County Health Department the established health hazard in the area.
City Attorney Neier pointed out that the letter requiring residents to hook on only if
septic systems failed was rejected by EPA and the 180 day letter was enacted.
C. Gunerson then withdrew the motion made by C. Hafferman.
C. Hafferman moved that the residents involved be sent a notice of within 180 days they
are required to be hooked up to the City sewer system. C. Gunnerson seconded. He then
called for questions.
C. Nystul commented that the last letter sent to the residents stated the residents had
until June 30, 1988, to hook on and he believes the City should follow through. If they
do not hook on by June 30, 1988, then the action of the motion would be appropriate.
City Clerk/Treasurer Halver read the motion of the minutes from the meeting which
establishes the letter which was sent to the residents. "l) The hookup fee through
June 30, 1988,'will be at the old rate of $350.00, and, 2) The Council's policy is
still not to require hookups except when the system fails until five years, but the
EPA is requiring substantially everyone hooked on. The Council would review our status
ah and the EPA requirements in June of 1988. There is no hard and fast regulation requiring
100% hookups. The motion was seconded and carried."
C. Furlong stated this issue will not be worked out by June 30, 1988, and given the 180
day letter, it will be six months from now and the requirement will not be complied with.
C. Gunnerson stated he was in agreement and went on to state that if the City continues
to extend compliance, the City will not receive any funding from EPA for the Southwest
project.
City Accountant Robertson stated that if the City has a legitimate extension, the EPA
may reimburse the City; but, they may hold monies at the end of the project until
compliance is met with the Woodland SID, or may delay the next project of phophorus
removal.
Mayor Kennedy stated he was in agreement with C. Nystul. In view of the previous letter
sent to residents, the City should send another letter.
C. Gunnerson reminded the Committee of the motion on the floor and called for a vote.
_Upon roll call vote, the motion failed, with C. Hafferman voting for the motion.
C. Gunnerson voted no, reserving the right to explain his reasoning for doing so.
C. Gunnerson pointed out that because of the letter which was sent to the residents a
the wording that was in the letter from the last Council, he believes the issue shoul
go before the Council for recommendation and decision on Monday, May 16 1988.
. The recommendation passed with C. Nystul voting no.
May 11, 1988 PUBLIC WORKS/PUBLIC SAFETY Page 4
WATER AND SEWER COMMITTEE MINUTES
City Accountant Robertson stated that the Woodland SID was brought before the Committee
to show there is a contingency on the sewer funds' money based upon compliance. 1st
Alley West project has to be reviewed by the Tax Increment Committee as to what the
Tax Increment Budget will allocate to the 1st Alley West project.
There is a Community Development Committee meeting scheduled for Friday, May 13, 1988,
at 4:00 P.M.
C. Gunnerson expressed his appreciation for the work effort on behalf of City Accountant
Robertson.
City Accountant Robertson stated the cash will not be available for the let Alley West
project this construction season.
City Accountant Robertson excused herself .from the meeting.
SPEEDY OIL & LUBE DPW Hammer stated he has spoken with Mr. Streeter in follow up of
the Committee meeting of May 4, 1988. A written legal opinion was prepared by City
Attorney Neier, (copy attached). Mr. Streeter has moved the retaining wall and patched
the street. The encroachment of the sign base in the right-of-way is no longer an
issue.
POLICE COMPUTER SYSTEM - TRAINING AREA Police Chief Clark reported that the computer
system in the Police Department should be totally on line by May 31, 1988. He went
on to report that the State is pleased with the progress. He stated he has received
a package granting Phase II, a geomapping system which provides a computerized mapping
system of the entire City. It is a cost savings to the City of $11,280, which will
add enhancement to the safety of the citizens of Kalispell.
Mayor Kennedy complimented Police Chief Clark on his efforts.
Police Chief Clark then requested approval of some remodeling of a storage area to be
used as a training area for hand to hand as well as baton training. The cost will be
approximately $3,500.
C. Nvstul moved the Committee approve Chief Clark's request Providing the changes compl
with Building Code. The motion was seconded and carried unanimously in favor upon roll
call vote.
There being no further items to address on the agenda, Police Chief Clark excused himself
from the meeting.
TWO MILE DRIVE - SEWER CONNECTION DPW Hammer stated that, at this time, there have been
no decisions made for a recommendation on the Developers Agreement for Two Mile Vista.
Mr. Pack and his attorney, Steve Cummings, have a new concept and DPW Hammer felt some
prior review should take place before meeting with the Committee.
REPORT BACK - REVIEW OF BIDS The Public works Staff presented the Committee with written
recommendations, (copies attached), on the following bid awards:
1) Asphalt Crushing - The recommendation of the Public Works Staff was to award the
bid to Torgerson for $3.40 per ton. Construction Inspector Van Dyke explained how the
decision was reached with the time factor.
C. Hafferman questioned if the time factor was known by persons bidding prior to the bid.
Construction Inspector Van Dyke responded yes, the advising of the determining time factor
was attached to the bid documents.
May 11, 1988 PUBLIC WORKS/PUBLIC SAFETY Page 5
WATER AND SEWER COMMITTEE MINUTES
C. Hafferman moved the Committee recomend to Council on May 16, 1988, to award the
Asphalt Crushing Bid to Togerson. C. Gunnerson seconded and the motion carried.
2) Curbs/Sidewalks - The recommendation of the Public Works Staff was to award the
bid of Phase 11988 Street Reconstruction to Marriott Concrete for $78,200.00 and to
award the bid of Year Ending December 31, 1988 to Sandon Construction for $617.00.
Surveyor 2avodny explained the two different bids.
C. Hafferman moved the Committee recommend to the Council on May 16, 1988, to support
the recommendation of the Public Works Staff. C. Gunnerson seconded and the motion
carried.
3) Woodland Sewer Extension - W/S Supt. Hyde stated there is not a recommendation
prepared at present.
This recommendation will be referred to the next Public Works Committee
4) 1st Alley West - a) Contractor Selection - Based upon the thorough review by
Mayor Kennedy, DPW Hammer, the Public Works Staff and Jay Billmayer, Design Engineer,
the recommendation of all involved persons is to award the bid for Contractor Selection
1st Alley West, to the low bidder, Chet Brown and Sons in the amount of $445,793.40.
C. Gunnerson moved
Robertson, the Committee recommend to the Council floor to delay the
West project. C. Hafferman seconded. C. Gunnerson called for questions.
C. Furlong stated his concern for the project progressing as far as it has,that it may
not serve the City well to postpone at this time.
Jay Billmayer stated his concern for postponement, that costs could be higher if the
City should delay another season.
C. Gunnerson reiterated the motion on the floor to delay the First Alley West project.
The motion was seconded and carried upon roll call vote. The motion will be brought
before the Council on May 16, 1988.
b) Selection of Construction Engineer - DPW Hammer stated the proposal could be held
until such time as the Council has made a decision on the 1st Alley West project.
W/S Supt. Hyde suggested the City negotiate the contract in the interim.
Committee is to recommend to Council Mav 16. 1988. that
t.
FIRST ALLEY WEST In reference to a memo from DPW Hammer to Mayor Kennedy, Mayor Kennedy
stated the City Staff knew nothing of the additional quantity to install new sidewalks
and curbs along 4th Street West on the south side of JB's Bar. (copy attached)
If the quantity is to be included in the project, DPW Hammer and Staff have concerns
which need to be addressed. Conduit and wire for the traffic signals, decorative
street lights, possible tree planting all are considerations for installation of new
curbs and sidewalks at this location. The Public Works Staff states the City is in
no position to allow this additional cost since it is not associated with the First
Alley West project.
- C. Hafferman questioned of Jay Billmayer which Councilmember had told him to include
the item in the project. Jay Billmayer responded Councilman Nystul had pointed out
the need for the item and told him to include this in the project.
May 11, 1988 PUBLIC WORKS/PUBLIC SAttll y=
WATER AND SEWER COMMITTEE MINUTES
DPW Hammer stated the additional items were discovered when Surveyor Zavodny and
W/S Supt. Hyde went on a pre -bid, on -site walk through. Surveyor Zavodny had questioned
• the difference in the quantities.
C. Gunnerson questioned if this change occurred after the entire concept was approved
by the Council. DPW Hammer responded the quantities had changed. Jay Billmayer stated
he could not specify the date at this time. The City has until June 15, 1988 to
make a decision.
C. Gunnerson pointed out that no one Councilperson makes a decision to the Public Works
Department nor to any other Department. This has to be done by Committee and by
Council approval.
C. Gunnerson delayed the item of additional quantities until a decision has been made
in regard to the entire 1st Alley West project.
5) Water Main Materials, Sewer Materials, Water Service Fittings W/S Supt. Hyde stated
the three different bids of the two bidders, Western Utilities of Spokane and NW Pipe.
He went on to state that due to the contingencies of the Street Reconstruction Program,
he did not have a firm recommendation at present.
C. Gunnerson stated that the street reconstruction program is still in effect, but cannot
guarantee completion of all projects.
W/S Supt. Hyde stated that Western Utilities, who is the lower bidder on all three
schedules should be awarded all three schedules.
C. Hafferman made a_motion to the effect of the statement made by W/S Supt. Hyde.
C. Gunnerson seconded. C. Gunnerson stated that it has been moved and seconded that
• the Committee bring before Council the recommendation to award the bid of the three
mentioned schedules to Western Utilities. Upon roll call vote carried unanimously
in favor.
C. Gunnerson requested W/S Supt. Hyde prepare a statement of recommendation to Council
by Friday, May 13, 1988.
Mayor Kennedy then addressed the Committee expressing his understanding for the
frustration that street reconstruction has not yet begun. He reiterated that the three
projects are all tied together. Tax Increment monies, cash on hand, does not have
enough money, which the Street Department was to expect $200,000 for street reconstruction.
C. Furlong stated that in all fairness to DPW Hammer, the Committee was forewarned of
the contingencies.
Adjourned: 6:00 P.M.
0
To: Water/Sewer Cartnittee
Subject: Water/Sewer Funds cash status 4/30/88
WATER FUND
Fran: Amy Robertson
City Accountant
Date: May 3, 1988
1) Operating $329,578 * Revenue to date $619,089
Expense to date $513,016
2) R & D $105,810 (does not include depreciation)
($81,750 unfunded)
*$145,000 co m fitted to SW Kalispell Project.
--------------------------------------------
SEWER F[]hD
1) Operating
Sewer/wwtp
0 Capital Improvement
3) Contruction
4) Storm Sewer Maint. **
5) WWTP Construction
$202,929 Revenue to date $696,400
Expense to date $627,536
(does not include depreciation or
cash transfers for bond principal)
$209,812 (source of funds - hook up fees)
$ 25,878 $25,000 camdtted for Renick project
$ 53,160
$ 25,281
6) WhTPP Phosphorus Removal $ 72,523
* The Capital Improvement Fund has loaned to the Woodland Construction
Fund $72,512. The amount due from EPA is questionable due to hook up
requirements.
** This fund receives assessments in December. $7,245.per mo. is needed
for debt retirement which means between now and Dec. we need $50,715.
Unexpended budget for maint. in this fund is $58,542. We need to increase
rates to establish a cash reserve or plan to borrow money and budget for
the interest expense.
'To- CMIU10TY DEVELOi'MCMI'/TIF Ccnmittee DATE: 4/25/88
FRCM: AMY ROBERTSON
CITY ACCOUWANr TAX IMCR1I4ENP FUND
• The following is a projection based on CASH available and anticipated
revenue.
CASH as of 4/25/88 $1,132,468
Anticipated: May/June tax collections 100,000
quarterly interest 18,000
loan receipts 1,060
T04AL cash available $1,251,528
Accrued expenditures:
June bond payment $ 155,460
parking lot mortgage 19,349
administrative fees 6,818
salaries 12,316
lights + street materials 28,794
griffin field final pymts 12,690
($235,427)
Estimated Cash Available 7/l/08 $1,016,101
Restricted cash (Bonds Proceeds) - 850,000
CASH AVAILABLE FOR CAJifa' OVERS $ 166,101
ANPICIPATED REVENUE + 900,000 OPrn4ISTIC ! See
note
• Debt Service requirements _ 252,283---
Available for fy 89 budget $ 813,81E
preliminary requests:
let Alley West Carryover
$200,000
Public works:
street reconstruction
$288,000
street trees,etc.
30,000
decorative lights
6.100
administrative
44,733
additional 1st Alley W
200,000
$570,833
$570,833
Public buildings
$100,000
Parks & Recreation
$ 15,000
Commercial Rehab
$100,000
Administrative Transfer + 38
$ 72,050
Parking Crj=ission
$ 65,000
TOTAL REQUESTS
$1,234,660
Note:
I estimate that actual revenue for FY88 will be about $740,000. Although
the county billed $850,000 taxes, OAAP accounting requires that we report
actual collections. Since a budget is an estimate based on anticipated
•revenue, at some point budget and cash must reconcile. If the revenue does
not materialize then the expenditures must be revised. In my opinion to do
this budget properly would mean anticipating revenue for Fy89 at the level
Of collections for fyBO-$740,000.
ANTICIPATED
CASH FLOW
TAX INCREMENT FLW
assuming that we pay cnl Debt Service and Admire.
7/1/88
Cash
$
166,100
•
July taxes
+
194,250 75% of receivable bal.
Interest
+
6,000
debt
-
21,024
tldmin
-
9,798
8/1/89
CASH
$
335,528
Aig ta:ccx
+
43,000
intElr>t
+
6,(000
,•1 V2Y
J 179V
9/l/88
c.* li
Y
353,706
ScYL. tl::oc
+
14,000
�lti Teat
+
6, 000
ccbt
-
21, U24
u min
-
91793
10/1/88
CAM
$
342,834
CCL. Taxes
1
2,000
Intercut
+
6,000
dCbL
-
21,U24
sdlcil,
- ---
9,;193
11/1/38
CA"rI
$
320,062
Taxo--
i
6,000
iuLCa'CL7t
+
6,000
aj-l�t
-
21,024
7"i11I1
-
9,798
rzg1e'G iromgago
-
19,358
12/1/83
CASK!
Dec:. T xcz
i
74,000
interest
t
6,000
debt
-
21,024
aalllll
-
9,798
l/1/89
CASH
$
355,882
Jrn. Takes
+
292,436
intercat
+
6,000
debt
-
21,024
admin
-
9,798
2/l/89 CASH $ 623,496
0
CITY OF KALISPELL
TO: MAYOR
•
DATE: May 9, 1988
FROM: ANDY HYDE
AMY ROBERTSON
RE: Woodland Park Sewer Project (SID 337)4WDATORY HOOKUPS
Per your inquest, this n"K) is provided to outline the situation and
discuss some of the available options. We are concerned that failure to
address this situation will cause WQB/EPA to withhold funds on the new
Southwest Sewer Grant.
The City has received a grant from WQB/EPA for the construction of the
sewer projoct in the Woodland Park: area. Latest figures show that the City
should receive a total of $136,949.00 from FIQB/EPA. To date we have
received $ 87,647.00 and we stand to receive another $ 49,302.00 when the
project is finally approved by WQB/EPA. A Caxlition of the Grant requires
"all existing sources of sanitary waste mist connect to the sanitary
collection sewers." We have received payment to date of 64% of the Grant,
which equals the percentage of project area users connected to the system.
WQB/EPA states that all existing sources of sewage mist be connected by
June 30, 1988. Failure to caply could result in their witlrlrawing
the Grant.
It appears the following options are available to the City.
1) Do nothing and forf ict the Grant. City will have to return $87,647.
2) Follow City Ordinance and issue written notice to the residents that
they mist hookup within 180 days. Request Extension from WQB/EPA.
tbte: Hookup costs would be borne by property owner. Residents
were told that they would not have to hookup until their
septic systems failed.
3) City pays for connection of all structures within area. It is
estimated that it would cost the city $20,000 (40 x $500). We would
be spending $20,000 to save $136,949.
4) Challange WQB/EPA stand on mandatory hookups. Could jeopardize
Southwest Kalsipell and Phosphorus Grants.
P.S. In 1986 the City promised the Flathead County Health Dept, that
the septic system servicing the pool at Woodland Park would be abandoned
and the pool facility would be connected to the new sewer as soon as it
was operational. This has not yet been done. Mike Baker should be prepared
for this work and should include something in next year's budget to corer
the costs.
0
1
0
John "Ed" Kennedy, Jr.
I•$nyor
TO: Public Work omm
FROM: Glen Neier
�W
RE: Speedy un ro
CITY GI' <
ttee, Fred Zavodny
Drw.r 1997
KrIli-r-ll, M,, nlwvi
,,9903-19r17
achment on Airport Road Right -of -Way
My office has been requested to issue an opinion on whether or not
the -placement of a retaining wall and sign base installed by Speedy
Lube in the public right-of-way should be the subject of a right-of-way
encroachment permit. I have discussed the matter with Fred Zavodny,
City Surveyor, and for the reasons stated herein I have determined
that a right-of-way encroachment permit should not be issued for the
retaining wall but that the sign base may remain.
The City Ordinance on right-of-way encroachments states as follows:
SECTION 24-64 Regulations Generally.
No private signs, eaves, marquees or similar devices will
be allowed to encroach on the private rights of the way of
this municipality within tha incorporated limits, except as
provided herein and then only by agreement issued by the
proper authorities and revocable on thirty days written notice
to the applicant. No gainful private or commercial use of
the public right of way will be allowed, for example:
Nonemergency servicing of vehicles, parking or placing of
portable advertising devices on the public right of way.
(Ord. No. 779, §4.)
According to information supplied to this office, Speedy Lube has
constructed a sign base which encroaches approximately 15' into the
right-of-way (below grade) on Airport Road. Further, Speedy Lube has
constructed a retaining wall perpendicular to the sign base which
extends in a descending manner, from a maximum height of 5 feet,
approximately 10' into the right-of-way of Airport Road. Neither
encroachment was constructed with the consent of any City official
and no permit has been issued for either encroachment.
r1
Memo
Page 2 May 11, isaa
Generally speaking a municipality cannot issue a permit to an individual
• to place an obstruction which unreasonably obstructs the right-of-way.
It has been held in at least one jurisdiction that retaining walls
and steps encroaching two and one-half feet beyond the property line
are unlawful encroactime tits and therefore nuisances. (Kelty v
Minneapolis, 196 NW 487).
The City of Kalispell has at this time a number of obstructions in
the right-of-way, notably: 1) sign at Town Pump, 2) refrigeration
unit behind Little Big Man, 3) Flathead Industries Sign on Idaho,
which encroach into right-of-way. Some of the obstructions do not
affect vehicular or pedestrian traffic while others have been granted
permits by the City Council. It would be inappropriate to issue a
permit after the fact for an obstruction which interfered with vehicular
or pedestrian use of the right-of-way.
The retaining wall at Speedy Lube was constructed without a permit
and would interfere with use of the right-of-way by the public.
Therefore, it should be removed and not replaced.
The sign base below grade provides less of a problem. So long as the
sigu base remains below grade it will not interfere with the use of
the right-of-way by the public. Whether or not a permit is issued
for the sign base encroachment, it is doubtful that its existence
could be alleged to be a nuisance. No public interest is served by
requiring its removal.
• Dated this llth day of May, 1988.
GN/sh
cc: Mayor Kennedy
Ken Hammer 6./
•
L
•
`� ""�/�, CITY UP /
John "Ed" Kennedy, Jr. el//
Mayor
DATE: May 11, 1988
TO: Public Works Committee
FROM: Public Works Staff
SUBJECT: Asphalt Crushing Bids
Drawer 1997
Kalispell, Montana
59903-1997
After reviewing the bids for Asphalt Crushing and using the time factor, the
recommendation of the Public Works Staff is to award the bid to Torgerson.
LHC had the low bid of $2.90 per ton compared to $3.40 per ton of Torgerson, but
after the time factor was used, it shows that the City would save approximately
$1,800 by going with the apparent high bid of $3.40 per ton. Attached are the
computations.
as
•• �uru�t+ln �sl� ••
YV�VVVI 'uuNOW
G
��j/ CITY OF
John "Ed" Kennedy, Jr._� ✓I�xi14a �
Mayor
DATE: February 4. 1988
TO: Ken Hammer, Public Works Director
FROM: Ben Van Dyke, Construction Inspector !�
R
Drawer 1997
Kalispell, Monlona
59903.1907
Following is the process which we will use to compute the time factor that will
determine the actual lowest bid:
During odd -morning (9:00 A.M. - 11:00 A.N.) or mid -afternoon (2:00 P.M. - 4:00 P.M.)
The City will make three round trips from the County Courthouse to the bidder's
loading site in their pit. The average time per trip will be determined and then
used to determine how many trips per 8 hour day can be made. A constant of 15 tons
per trip and a cost of $40.00 per hour, per truck will be used.
• EXAMPLE:
Bid Price
Contractor Per Ton
A $1.45 8 hra $320
- 24 Tr x 15 Tone - 360 T - $.89 + $1.45 - $2.34
20 Min/Trip
B $1.00 8 bra $320 -
16 Tr x 15 Tons - 280 T - $1.14 + $1.00 - $2.14
30 Min/Trip
C $ .80 8 hra $320
- 12 Tr x 15 Tone - 180 T - ¢1.78 t $.80 - $2.58
40 Min/Trip
Contractor B would be the actual lowest bidder.
S-4-88 It is our intention to make this document available to all bidders so that they know
how we will determine the time factor.
10;/3
i6:y6 3,40 6 I.as Aso.+w� #320 $.344 3.4043--74
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. _
/�
John "Ed" Kennedy, Jr.__- _— . /� "�4� all
Mayor
DATE: May 11, 1988
TO: Public Works Committee
FROM: Public Works Staff
SUBJECT: Awarding Concrete Installation Contracts
The Public Works Staff recommends the bids be awarded as follows:
PHASE I 1988 STREET RECONSTRUCTION
10
Drawer 1097
Kalispell, Monlona
59903-1997
FIRM BID SUBMITTED
Marriott Concrete $78,200.00
Sandon Construction $83,345.00
The Public Works Staff recommends Marriott Concrete be awarded the bid for Phase I
1988 Street Reconstruction.
YEAR ENDING DECEMBER 31, 1988
This bid is primarily for residents of the City requesting sidewalks adjacent to
their property.
The cost for an average residential sidewalk (250 S.F.) for each bidder is as
follows:
FIRM BID SUBMITTED
Marriott Concrete $ 895.00
Sandon Construction $ 617.50
Sandon Construction's price for an average residential sidewalk 1s $277.50 less than
Marriott Concrete's price.
The Public Works Staff recommends Sandon Construction be awarded the bid for the
Year Ending December 31, 1988.
ss
•,�rur'n�uR (Gt�U ••
n
u
•
•
. i&U3CITY OF — i%%� //IP
John "Ed" Kennedy, Jr..7�'u/�1el1
Mayor
DATE: May 10, 1988
TO: Public Works Committee
FROM: Ken Hammer, Director of Public Works
SUBJECT: Contractor Selection, First Alley West
A
Drawer 1997
Kalispoll, Montana
59903-1997
On May 9, 1988, Mayor Kennedy, Director of Public Works and Staff met with
Jay Billmayer concerning the Construction Bids on First Alley West. The
bids as tabulated by Jay Billmayer were thoroughly reviewed by all in
attendance. After further discussion, the Mayor, Director of Public Works
and Staff were in agreement with the Engineer's recommendation of the low
responsible bidder of Chet Brown and Sons in the amount of $445,793.40.
Attached is the memorandum and bid tabulation from Jay Billmayer for your
review.
ss
BILLMAYER ENGINEERING
2191 Third Avenue East ■ Kalispell, Montana 59901 ■ (406) 257-8706
May 10, 1988
Kenneth W. Hammer,
Director of Public Works
City of Kalispell
Drawer 1997
Kalispell, MT 59901
RE: Contractor Selection, First Alley West Improvements
Dear Ken:
We have reviewed the bids received May 2, 1988. We recommend
acceptance of the bid from Chet Brown & Sons, Lewistown, Montana, in the
amount of $445,793.40.
Once the City Council accepts the bid and gives authority to proceed,
we will prepare a Notice of Award and a draft of the Agreement. These
documents will be submitted to you and the City Attorney for review and
• approval.
We are looking forward to working with your office for the successful
completion of this project.
Kindest regards,
BIU.KAYER ENGINEERING
�J
J J Xillmayer,
JJB/kl
0
BILLMAYER ENGINEERING
• 2191 Third Avenue East ■ Kalispell, Montana 59901 ■ (406) 257.8708
L
•
CITY OF KALISPELL
FIRST ALLEY WEST SEWER
BIDDERS
G E 'SEST*
C ET BROWN—
L. S. SE
CINC.NIJPAK
SCHEDULE 1(A)
$161,539.50
$154,208.00
NO BID
$241,828.46
$395.125.00
SCHEDULE 1(B)
$ 23,697.50
$ 26,130.00
$ 22,278.43
$ 32,720.00
SCHEDULE 2
$166,449.00
$115,625.40
$140,606.57
$ 78,970.00
SCHEDULE 3
$147,960.00
$150,780.00
$197,864.61
$139,320.00
TOTAL
$499,646.00
$445,743.40
$602,578.07
$641.135.00
*Includes 12% Contingency
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CITY OF
John "Ed" Kennedy, Jr. .xa1/1�/ell Drawer 1997
Mayor Kalispell, Montana
59903-1997
DATE: May 10, 1988
TO: Director of Public Works
FROM: Water/Sewer Superintendent
City Surveyor f�•Z�
Construction Inspector T-2V`zz>.
SUBJECT: Selection of Construction Engineer, First Alley West Project
The Selection Committee has reviewed the proposals and conducted interviews with
all interested Engineers. The Committee recommends Billmayer Engineering be
awarded the contract for Construction Engineering Services.
As the Design Engineer, Billmayer Engineering is familiar with all aspects of the
project. The selection of Billmayer Engineering will assure continuity and
accountability through all phases of the project.
The ranking of the Engineers is as follows:
1. Billmayer Engineering
2. Morrison-Maierle
3. Thomas, Dean & Hoskins
4. Carver Engineering
as
•
John "Ed" Kennedy, Jr.
Mayor
TO: Jay Billmeyer
City Council Members
FROM: Mayor Ed Kennedy Itle
RE: First Alley West Project
DATE: May 6, 1988
CITY Or �
ax/ le ell
Drawur 1997
Kalispell, Montana
59903-1997
• I have signed off on the specs of First Alley West Project with the
reservation that the City Council approves the addition of the sidewalk
curbs and gutters on 4th Street West.
EK/ms
•
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John "F'd"Knr,;"-dy.Ir
DATE: May 4, 1988
TO: Mayor Kennedy
FROM: Ken yammer, Director of Public Works
11,4111
SUBJECT: let Alley West
Danver 1997
Kabi,p..dl, Mcnl,mu
59003-1997
On April 29, 1988, Fred Zavodny and Andy Hyde attended a pre -bid meeting with
local contractors, utility personnel, and the engineer, Jay Billmayer. This
meeting took place on -site concerning the construction of 1st Alley West. It
was at this time that the Public Works Staff was made aware that new sidewalks
and curbs were to be installed on the south side of JB's Bar along 4th Street
West. Fred questioned Jay Billmayer as to how this related to the sewer project
on let Alley West and who instructed him to include these costs. Jay responded
• that one of the Councilman told him to include this item. The Public Works
Department Staff has questions and concerns regarding this matter.
1. The installation of the new sidewalks and curbs will increase the project
costs by $4,081. (See attached memo SC-0044-88).
2. If the curbs and sidewalks were to be installed, the conduit and wire for
the traffic signals from Main Street must be addressed.
3. All other side streets from 1st St. to 5th St. have decorative street lights.
This block does not. If the curbs and sidewalks are to be installed, decora-
tive street lights should be considered at this time.
4. If the Public Works Department was made aware of this request, we would have
spoken to the owner of JB's Bar and required that the business pay for curbs
and sidewalks since it is not related to the sewer project.
Conclusion: The Public Works Department was not aware of this change in the
construction plans and feels that we are in no position to allow this additional
cost since it is not associated with the First Alley West Project. Please advise
me if I should allow the project's costs to include the curbs and sidewalks
adjacent to JB's Bar. If so, what about the decorative street lights and the
conduit for the traffic signals. Should we consider tree planting at this time?
Finally, I have approved and signed my name to the new construction plans as
. submitted by Jay Billmayer. However, this is conditioned upon someone approving
the curb and sidewalk installation adjacent to JB's Bar.
as
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— j CITY OF
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John "Ed" Kennedy, Jr.
Mayor
DATE: May 5, 1988
TO: Ken Hammer, Director of Public Works
FROM: Ben Van Dyke, Construction InspectorT�jX)
SUBJECT: Sidewalk at JB's ,
Drawer 1997
Kalispell, Monlana
59903.1997
See attached copy of plans.
660 S.F. Sidewalk, Removal $ .75 S.F. $ 495.00
880 S.F. Sidewalk, New $2.70 S.F. 2,376.00
• 110 L.F. Curb, New $11.00 L.F. 1,210.00
TOTAL $ 4.081.00
Using the low bidder's unit prices, the above is estimated cost of new sidewalk and
curbing in front of JB's Saloon on 4th St. West.
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