05/19/75 City Council Minutes320
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL MET AT 7:30 P. M., MONDAY,
MAY 19, 1975, IN THE COMMUNITY ROOM AT THE CONRAD NATIONAL BANK. MAYOR
BJORNEBY PRESIDED. ALL COUNCILMEN PRESENT.
Councilman Schwartz moved the minutes of May 9, 1975 be approved as corrected.
Seconded by Councilman Daley. Carried.
CITY OFFICIALS REPORTS
City Treasurer and City Clerk for March.
Police Chief, Police Judge, Sanitarian and Director of Public Works for April.
Councilman Schwartz moved approval of the city officials reports as presented.
Seconded by Councilman Bergstrom. Carried.
STORM SEWER PRESENTATION
Doug Daniels, representing Thomas, Dean & Hoskins, engineering firm, reported
the plans for the storm sewer project on 1st. Ave. East are in their final
phase, but before binding, need from the council the date, time and place for
construction bid opening and dates for publishing.
Discussion followed concerning the deletion of the block on let. Ave. East
between Center Street and 1st. St. East. The council determined that this
block shall remain deleted from the project.
Councilman Olson moved advertisement for construction bids for Phase I be ,pub-
lished May 23rd and May 30th with the bid opening on June 9th at 7:30 P.M. in the
council chambers. Seconded by Councilman Schwartz. Carried.
Discussion followed concerning the type of inlet box to be used for the project.
Mayor Bjorneby, Sewer Maintenance Man, Ron Anderson and Councilman Daley stated
that they prefer the sump type inlet box. Engineer Daniels and Director of
Public Works Knebel stated that they believe the self cleaning inlet will be
more satisfactory. '
Councilman Schwartz moved the council accept the drain system as designed in
the engineers plans. Seconded by Councilman Allen. Carried.
Completion date will be 150 working days after construction starts, unless
weather conditions interfere.
BID OPENING - Sidewalk & Curbs
PROPOSAL
SIDEWALK AND CURB CONSTRUCTION
TO: THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF KALISPELL,
N,ONTANA,
GENTLEMEN:
In compliance with your invitation for bids dated this• '
197 -'/- the undersigned hereby propose to furnish
all of the materials and tools, equipment and appliances and to perform
all of the labor and work necessary for the construction of Curbs and
Sidewalks and all specified work appurtenant thereto and in connection
with this project, for the City of Kalispell, Owner, in accordance with
the plans and specifications for the Curbs and Sidewalks in the City of
Kalispell as ordered by the City Council, for the prices quoted in the
it,;ias listed herein.
The undersigned bidder further agrees, upon receipt of written notice
of the Acceptance of this bid to enter into a contract for the work awarded
to him within ten (10) consecutive days, and furnish the required bonds
within ten (10) consecutive days after the contract terms are presented
for signature.
not
It, is further understood that the Contractor will pay such minimum 3•�
wages as in general use by the Local Labor Unions for the Class
of work involved.
The bidder further aqrees that if awarded the Contract he will commence
the work within ten (10) calendar days after the date of notice by the
Engineer to proceed and that he will complete the work in accordance with
the plans and specifications within the shortest possible time.
Enclosed herewith is a J1�;z� �/7=' ��s�✓� in the amount
of Five hundred Dollars 500.00 , which the undersigned agrees is
to be forfeited should this proposal be accepted and the Contract awarded
to him if he fails to enter into a contract in the perscribed form within ten
' (10) days as above stipulatede
DATE AT KALISPELL, MONTANA, thisIla day of cr 197�-
Name of Firm
BID SHEEP
SIDENAM AND CURB CONSTRUCTION
All items listed below cover the cost of materialp labor and
finishing.
Item 1.
24" rolled Cyrb•an� gutter
loss than
100
line ft.
«%
Per
Price in words
line ft*
($
)
Item 2* 24" rol ad Curb ands gutter 100 line ft* or more,
�r.i•ia[?rsz �E .rCflr� El?�' Per line ft.
Price n words
Item j. Upright Curb less than 100 line ft. r
r Ay�L totsY.: t Per line fte
Price in words
' Item 4* Upright Curb, more than 100. lin. fte
ale suv>F Per line ft.
Price in words
Item j. Driveway Radiym ban Excavation*
�«
�ze«w .✓-�cc� �zrcr <<:F lin. ft. ($ ✓�%✓� )
Price in words '
Item 6, 4" Sidewalk less than 250 sq, ft,
67�e ,B.e24:�, �.fsq, ft,
Pride in words
Item 7. 4" Sid walk over 250 sq. ft.
Lo�Q p�icu -1 � �-4 Per sq* ft*
rice` n words
Item 8., 6" Si all ar;y amount.
ll'ch�4 := Per sq* ft,
rice In words
Item 9. Removal of old Sidewalk per sq. ft.
;i'.4 per, sqe ft*
?rice in words
Item 10. Gravel fill under old walks to be replaced.
cu .:Gi per cue yde
' Price in words
Item 11. Upright curb me a than 8 fte radius.
- 14/4`• line ft. ($ �f. �i✓! )
Price in Words
Item 12e Laydownnurb less than 100 lin, ft*
��
u� y � e�a6�<.Zuer line ft.
Price in words
Item 13. Laydown cyrb orp,than 100 11n. ft*
r, ��yCi >i�er line ft. ($ 3• iyJ
Price in words
In submitting this bid it is understood that the right is
reserved by the Owner to accept or reject all bids* and it
is a;,2reod that this bid may not be withdrawn during a
period of thirty (30) days after thhe scheduled time for
receipt of bids.
322
Item 14. Curb and Sidewalk combination.
r2�K &;'e per sq. fte
OF
Item 15. Excavation ��onN,,ew Sidewalk
I-zlit cc� -per sq. ft.
($ -z'o
I further agree that I will construct Curb and/or Sidewalks
for any individual within the City limits of Kalispell,
Montana, in accordance with these specifications provided
the individual ordering the work to be done will pay for the
work in full when completed or make satisfactory arrangements"
for payment with the Contractor• YES_.J�No
DATE AT KAISSPEbL, PSONTANA, thisop'day of%r �� .7��
err, , i//f L La�'f�G�
name of firm
Titla
AdressDC)
Montana Contractor's License Number2�✓
-VJ�Ljv��
Proposal (cont)
y"cl�'04 t z
BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(The Bidder is required to state what work of a similar character
to the included in the Proposal he has successfully performed, and
give reference which will enable the City to judge of his responsibility,
experience, skill and business standing.)
The undersigned submits below a statement of the work of a similar char-
acter to that included in the Proposal which he has successfully performed.
/i
//
i
323
BIDDERS STATEMENT OF SUBCONTRACTORS
(Thu Bidder is required to state the name and address of each
subcontraotor of the work and the work which each subcontractor
will do.)
The undersigned submits herewith a list of subcontractors whom he
proposes to employ on the work, with the proper firm name and the
address of each.
SIGHED
Councilman Happ moved that the bid be turned over to the street h alley committee
with power to act. Seconded by Councilman Schwartz. Carried.
CONSIDERATION OF GAMING LICENSE APPLICATION `
The application of The Hind Quarter, Arthur A. Lindlief and Sandra L. Lindlief, Joint
Tenants, for General Gaming License and 1 poker table was reviewed. Applicant was
present to reply to questions and the correct remittance accompanied the application.
Councilman Daley moved approval of the application of the Hind Quarter and authorization
for the license to be issued. Seconded by Councilman.Allen. Carried.
ADDRESSING THE COUNCIL
Byron Devitt, 148 7th Ave. West, stated that he has leased Mrs. Nardi's store and has
' started a business known as Northern Battery Distributing. He stated that he had
talked to about 5 councilmen and Mr. Hamilton of the Board of Adjustments, and thought
he was satisfactory as far as off-street parking was concerned. Now, Building Insp-
ector Ralph Jackson has given Mrs. Nardie a two week notice to provide one off-street
parking spot for his business.
Councilman Daley moved the matter be referred to the annexation/zoning committee to
report back at next meeting. Seconded by Councilman Allen. Carried.
FLOOD PLAIN DISCUSSION
Mayor Bjorneby opened the discussion by explaining that the present maps upon which
the floodplain delineation is based, show approximately five lots in the Woodland
Park Addition in the floodplain - that the map is not correct, but a new one will
not be ready until September. Since the deadline for making application for flood
Insurance is July 1st, he felt that there was no choice but to make application and
protest later.
Councilman Olson stated that floodplain residents would be ineligible for any type of
federally regulated financial assistance without it.
If the City becomes a member of the National Flood Insurance Program, then the whole
town would be eligible for the federally subsidized insurance, regardless of the
delineation area shown on the present map.
Councilman Slater moved that the City of Kalispell make application for participation
In the National Flood Insurance Program. Seconded by Councilman Happ. Carried.
REVENUE SHARING PLANNED USE REPORT
Anticipated total payment for entitlement period 6, July 1, 1975 through June 30, 1976,
Is $148,525.00. $40,000.00 has been designated and will be budgeted for a 50/50 split
with Flathead County on the diversion of Spring Creek on west side of Meridian Road.
Other suggestions for proposed use are: Street Equipment, Storm Sewer Project, Sub -
Fire Station, Police Filing System, New Fire Hall, New City Hall, complete Arizona
Street.
324
Councilman Schwartz suggested that department heads and council members meet and set
priorities and report at the next meeting. '
The Planned Use Report must be published in the Daily Inter Lake to encourage citizen
participation in determining the decision on how the money will be spent. The report
must be received by the Office of Revenue Sharing by June 24. 1975, to be eligible to
receive entitlement funds.
WASTEWATER TREATMENT PLANT
Councilman Olson asked that the following letter be incorporated into the minutes:
MORRISON-MAIERIE, Inc,
i
Consulting engineers 122 1st AVENUE WEST KALISPELL, MON I ANA 59901
I , Telephone 40AA'11 Wo i
`\`IIIIJ/J 9Rm! • �@/ M• AMIgi! • NIOXWA•! • RglblAlAt • IUMIINAIIG e • }ION • nWt}y!a • WAY!! fNn#W9 l • AQ WOIIf3
BRANCH OFFICES: - - - -
P.O. Box 20257 - - - - - - -
1127 Alderson
Billings, Montana 59102 _
Phone 406/ 259-5546 - - - -
P.O. Box 1113 -
33 East Mendenhall
Bozeman, Montana 59715 -
Phone406/ 5B7-0721
910 Helena Avenue
Montana
Phlone406/442-30601 - Mv 5, 1975 -
Harvey Knebal
Public Works Director
City Hall
Kalispells Montana 59901
Re: Kalispell Sewage Treatment Plant
Dear Harvey, Final acceptance
Enclosed is a voucher for final payment to Magney Construction Company for
the Kalispell Sewage Treatment Plant Project. All work is now completed in
accordance with plans and specifications and associated contract documents.
the following section's of the General Conditions of the specifications
are pe-i-tinent to final acceptance of the facility:
4.11 GUARANTEE OF WARKMAIdSHIP AND MATERIALS: The Contractor
shall guarantee all materials and workmanship against original
defects for one (1) year after the completion of the work;
said completion date being the date of letter of acceptance of
the project. Defects and deterioration appearing during the
period of guarantee must be made good by the Contractor at his
own expense upon demand of the Owner, it being required that all
work shall be in perfect condition when the period of guarantee
shall have elapsed. The public liability and property damage
insurance carried by the Contractor shall remain in effect during
the guarantee period. The Contractor's insurance for damage to
the work shall include coverage of completed work extending
through the one (1) year guarantee period.
The guarantee shall not apply to injuries occurring after_ final
acceptance due to cyclones fire$ earthquake., or abuse or careless-
ness of other Contractors or their employees, or the agents of the
Owner.
Correction of Faulty Work After Final Payment shall be as provided
in Paragraph 7.22•
FJ
Page 2 3 2 5
1
7.20 ACCEPTANCE AND FINAL PABIENTSs When the. Contractor shall
have completed the work in accordance with the terms of the
contract Documonts, the Engineer shall certify his acceptance to
the Owner, and shall prepare the final Progress Estimate, which
shall be the contract amount plus all approved additions less
all approved deductions and less previous payments made. The
Contractor shall furnish evidence that he has fully paid all
debts for labor, materials, and equipment incurred in connection
with the work, following which the Owner shall accept the work
and release the Contractor except as to the conditions of the
Performance Bond, any legal rights of the Owner, required quarantees
and correction of faulty work after final payment, and shall auth-
orize payment of the final progress estimate. The Contractor
must allow sufficient time between the time of completion of the
work and preparation of the final estimate for the Engineer to
assemble and check the necessary data.
7.21 TERMINATION OF CONTRACTOR'S RESPONSIBILITYs The Contract
will be considered complete when all work has been finished, the
final inspection made by the Engineer, and the project accepted in
writing ny the Owner. The contractor's responsibility shall then
cease, except as set forth in his Performance Bond, as required
by the Guarantee Period in accordance with Paragraph 4.11, as to the
rights of the Owner and the Engineer to indemnity under Paragraph
5.02, and as provided in Paragraph 7.22.
7.22 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENTS The prepara-
tion of the final Progress Estimate by the Engineer and the making of
the final payment by the Owner to the Contractor shall not relieve
Lhe Contractor of responsibility for faulty materials or workman-
ship. The Owner shall promptly give notice of faulty materials or
workmanship and the Contractor shall promptly replace any such
defects discovered within one year from the date of written ac-
ceptance of the work. The Engineer shall decide all questions aris-
ing under this paragraph, and all such decisions shall be subject
to arbitration.
To receive final payment from the E.P.A. for their 75% participation the
city council should by resolution and by letter to the contractor accept
construction of the facility.
If you have any questions or comments please let me know prior to writing
a letter of acceptance to the contractor and making final payment.
Sincerely,
MORRISON-MAIERLE, INC.'
Dennis ��� -
Eno.
DFC:tlb
RESOLUTION NO. 3013
Councilman Schwartz moved adoption of Resolution No. 3013 a Resolution accepting
the construction of the Wastewater Treatment Plant from Magney Construction Company.
Seconded by Councilman Bergstrom. Roll call vote. All voted aye.
COMMITTEE REPORTS
Golf Course Project - Councilman Schwartz moved authorization for call for bids
for golf course irrigation system and golf course finish grading. Seconded by Council-
man -Daley. Carried.
Councilman Schwartz moved the Mayorbe authorized to sign a contract with the
Comprehensive Employment and Training Act. (CETA) for hiring personnel. Seconded
by Councilman Daley. Carried.
Annexation - Councilman Schwartz reported that the annexation committee will be
meeting at 7:30 P. M. Wednesday, May.28th to determine what action shall be taken
concerning the Slama Addition.
326
Councilman Schwartz nominated Norma Happ as council president. There were no
further nominations. Councilman Schwartz moved nominations be closed. Seconded
by Councilman Slater. There being only one nomination, Councilman Slater moved
Norma Happ be declared council president. Seconded by Councilman Olson. Carried.
Councilman Schwartz had words of praise for the outgoing council members and wel-
comed the new members.
Councilman Schwartz was excused from the meeting .
Councilman Williams reported that he had attended the City -County Planning Board
Meeting on May 13th. '
Employment - Councilman Williams reported that he did not really want to have noon
meetings to work on wage negotiations, but that it may be necessary because of the
limited time element.
Health - Councilman Daley asked Sanitarian Goulet to review his work so that the
new council members will have an insight into his job.
Parks - Councilman Daley reported the committee will be meeting at 7:30 P. M.,
Thursday, May 22nd in the council chambers for a progress report and recommendations
for future projects. Members of baseball leagues and women softball leagues will
be attending the meeting.
Street & Alley
Councilman Allen reported a meeting with Jim Keathley, State Highway Department,
concerning Highway #93 North, at which time he was told there is no money available.
Mr. Keithley suggested the Mayor and Council request some emergency money for the
project.
Councilman Allen reported a conversation with Dan Mizner, Executive Director of
League of Cities & Towns regarding the purchase of equipment through the State.
FINANCE
Councilman Sliter reported the need for an $85,000.00 emergency budget in the BOR
Golf Course Project to pay the contractor doing the rough grading.
RESOLUTION NO. 3014
Councilman Sliter moved adoption of Resolution No. 3014, A Resolution declaring an
emergency exists and that it is necessary to make expenditures in excess of the
amount provided in the 1974-1975 budget for the BOR Golf Course Project, General
Fund. Seconded by Councilman Olson. Roll call vote. All voted aye.
Councilman Sliter reported he has invited Larry Hagen, City of Missoula Administrative
Assistant, to meet with the council Tuesday, May 20th at 7:30 P. M. to aid the council
In determining duties and qualifications for a director of finance or accountant for
the City.
Councilman Allen moved the litigation fee due City Attorney Donahue be paid- from
revenue sharing funds if allowable under revenue sharing regulations. Seconded by
Councilman Bergstrom. Carried.
SEWER & WATER
Councilman Olson stated that a request for water service by Ray Young.in the Green -
acre area, outside the city limits, had been received by the committee. The committee
has recommended that he petition to be annexed because the city will not permit any '
new water hook-ups outside the city limits.
The sewer & water committee will have a recommendation at the next council meeting
regarding financing for the storm sewer project on 1st Ave. East. _
They will also try to bring a recommendation for a compromise on the sewer hook-up
fee already passed by ordinance at $450.00 per hook-up for new accounts. A record
Is being kept of people with new hook-ups who will be informed of the rate when it .-
is established.
Councilman Olson asked Police Chief McDowell about enforcing the litter ordinance,
as handbills are being scattered over town. Also about obstructions on -city side-
walks, as flower boxes are protruding on the sidewalk In front of a downtown store.
327
Chief McDowell stated he would investigate both problems.
Councilman Olson stated that he felt that there are so many bicycle violations, that
the police department should start issuing citations before a death occurs. Chief
McDowell replied that he is aware of the problem, that the department has tried to
educate the children on bicycle safety, but that the real answer would be to pass an
ordinance making it possible to issue citations_, take disciplinary action and place
one man on the department to educate the young people and enforce the ordinance.
Councilman Slater moved to refer to the safety committee. Seconded by Councilman
Olson. Carried.
SAFETY -
Councilman Happ reported the police department has purchased a 1975 Chevrolet
Chevelle for $3,995.00 with trade.
Councilman Slater moved that the police department be allowed to hire Bob Smith, a
former patrolman with the department, for 3 months as vacation man. Seconded by
Councilman Bergstrom. Carried.
Fire Chief Peters reported trouble with the traffic lights, as to staying red for
fire and ambulance runs, and will look into the matter of a contract which will
not only repair traffic lights, but will do preventative maintenance.
Councilman Happ moved the regular June 2nd meeting be postponed to June 9th because
of bid openings for the storm sewer project. Seconded by Councilman Olson.
Carried,
MISCELLANEOUS BUSINESS
RESOLUTION NO. 3015
Councilman Happ moved adoption of Resolution No. 3015 A Resolution providing for the
council to agree to issue orders annually authorizing loans or advances from the
' revolving fund to the district fund in amounts sufficient to make good any deficiency.
Seconded by Councilman Slater. Roll call vote. Councilman Williams abstained.
All others voted aye. Carried.
A garbage problem at the north end of Griffin Park, presumably caused by the Bonanza
Store was reported. Police Department and Health Committee will investigate the
problem.
Councilman Williams reported that the employment committee will be restructuring
a resolution for residency requirements for city employees.
Asst. City Attorney Kaufman reported the suit filed by the Concerned Citizens for
Voters Rights against the Mayor, Councilmen and City Attorney has been dismissed
with prejudice.
There being no further business the meeting was adjourned.
Minutes approved as presented, June 9, 1975.
IATTEST:
Marjor Giermann, Dep. City Clerk