05/03/93 City Council Minutes558
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 3, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL.
MAYOR RAUTHE PRESIDED. COUNCILMEMBERS ATKINSON, GRANMO, MOSES,
LARSON, KENNEDY, NYSTUL, COLLINS AND CITY MANAGER WILLIAMS WERE
PRESENT. COUNCILMAN BUCK WAS ABSENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -April 19, 1993
Approve Claims per Payables Register
Moses moved to approve the consent agenda. The motion was
seconded.
The motion carried with a vote.
ADDRESSING THE COUNCIL
Presentation
Robin Boon, Executive Director of Independent Agents Association,
presented Police Chief Clark with a check for $1,475.00 to purchase
a vision light bar for one of the City patrol cars. She thanked
the Council that the City continues to insure with the local
Independent Agency the City's portion of the property insurance.
_Proposed Ordinance on Residential Picketing Ban.
Chuck Lorentzen, 418 4th Street East, spoke against the proposal
and presented a letter.
The following also spoke against the proposal:
Jonah Noah, 569 North Main
Darrel Adams, 155 Eastlund Lane, Columbia Falls
Dave Tschida, 224 Farview
April Adams, 155 Eastlund Lane, Columbia Falls
Marsha Noah, 569 North Main
Lorraine Adams, 155 Eastlund Lane, Columbia Falls
George Branscone, 101 Wagner Lane
ORDINANCES & RESOLUTIONS
Ordinance 1194-DeMeester Zone Text Amendment-2nd Reading
Don and Sharon DeMeester originally petitioned the City for a zone
change for property located at 451 North Main (Coca-Cola Bottling
Plant) from B-1 to B-2 zone. During the Planning Board's hearing
of the request, the DeMeesters asked that the zone change request
be withdrawn and in its place a request to amend the zoning and to
allow quick copy shops as a Conditional Use in the B-1 zone. The
ordinance would amend the B-1 zone to include copy shops as a
Conditional Use in the B-1 zone. The specific language will read
"printing, reproduction, photostating establishments (not to
include newspaper printing or other publishing uses)". Williams
and Staff recommended that Council adopt the second reading of
Ordinance 1194.
Atkinson moved Ordinance 1194, an ordinance to amend Section 17-46,
Kalispell City Code to prohibit parking on the sidewalks and on a
boulevard where a curb exists, and declare an effective date. The
motion was seconded.
Nystul spoke against the motion.
The motion carried with Nystul voting against with a roll call
vote.
Resolution 4095-Intent to Adopt Hwy 93 Neighborhood Plan
The purpose of this resolution is to express the City Council's
intent to adopt, revise or reject a recommended Neighborhood Plan
amendment to the Kalispell City/County Master Plan.
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The proposed change relates to the County Commissioners' desire to
zone approximately 450 acres generally lying south of Kalispell
along U.S. Highway 93 South, I-1 Light Industrial. The area would
be bordered on the north by Cemetery Road and Lower Valley Road and
Ashley Creek on the south. The area would extend 1/4 mile east of
the highway and up to 1/2 mile west of the highway. Because this
zoning is presently inconsistent with the City/County Master Plan
a plan amendment is required and must be approved by the Kalispell
City Council and the Flathead County Commissioners.
Kennedy moved Resolution 4095, a resolution of intention to adopt,
revise or reject a recommended Neighborhood Plan amendment to the
Kalispell City -County Master Plan. The motion was seconded.
Nystul spoke in favor of the resolution and noted the resolution is
the end result of a neighborhood coming together and coming up with
a zoning classification that met their needs and is unique to the
valley. He complimented the neighborhood and the many discussions
between the governmental bodies.
Upon roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
Proclamations
Mayor Rauthe proclaimed the following:
Preservation Week May 8-16, 1993
He explained the activities planned for the week.
National Teacher Day May 4, 1993
Solid Waster Board Re -Appointment
Rauthe reported he received a letter from the Solid Waste Board
indicating Lauren Granmo's term will be expiring in June and will
need his re -appointment.
Nystul moved to re -appoint Lauren Granmo to the Solid Waste Board.
The motion was seconded.
The motion carried with a vote.
BUSINESS FROM MANAGER
Juniper Bend Phase I -Final Plat
Council previously approved the Preliminary Plat for the Juniper
Bend project consisting of a 16 lot, 32 unit townhouse development.
The site is located between Grandview Drive and the Stillwater
River. The developer has now chosen to phase the development.
This Final Plat request involves Phase One consisting of 2 lots
containing a total of 4 units. A memo was received from Tom Jentz
assessing the compliance of the Final Plat to the approved
Preliminary Plat. There was some question raised as to Condition
14 allowing for the construction of restroom facilities provided
they are constructed outside the floodplain and they meet code.
The minutes have bee reviewed from the council meeting adopting the
Preliminary Plat, and they confirm that Condition 14 is properly
represented in the Final Plat application. The City is in receipt
of an irrevocable Letter of Credit from Glacier Bank in an amount
equal to all Phase I public improvements. Williams and Staff
recommended that Council by motion adopt the Final Plat Phase I
Juniper Bend Subdivision.
Atkinson moved to adopt the Final Plat Phase I of the Juniper Bend
Subdivision. The motion was seconded.
There was discussion concerning Condition 14. Since this is Phase
I and will not be affected, further research will be done.
The motion carried with a vote.
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Authority to Bid -Sewer Project-2nd Street East
A memo was received from Assistant City Engineer John Wilson
concerning the need to contract for certain sanitary sewer manhole
replacement and sewer line repair in the 200 block of 2nd Street
East. It is necessary to seek Council's authority to bid the work
including 1) the installation of a new concrete manhole 2)
installation of 20 feet of sewer line and 3) convert the north
inlet line to a standard drop inlet. The anticipated cost of the
contract will be approximately $15,000.00.
Moses moved to authorize the city manager to go for bid for the 2nd
Street East Sewer Project. The motion was seconded.
With a vote the motion carried.
Bid Award Recommendations
1993 Overlay Project
Two bids were received for the 1993 Overlay Project.
Pack & Company $466,047.50
A-1 Paving $478,387.50
Williams recommended the bid award to Pack & Company in the amount
of $466,047.50.
Kennedy abstained from discussion and vote.
Moses moved to award the 1993 Overlay Project bid to Pack & Company
in the amount of $466,047.50. The motion was seconded.
There was discission.
The motion carried upon vote.
1st Avenue East Water Main Project
Williams explained that in the course of developing this project,
it changed drastically from what was originally talked about at
budget time last year. Originally the project was to replace the
water line only, as the engineers started designing the project
they discovered that they also needed to replace the services so it
required a modification to the project to include the services
also.
The 1st Avenue East Water Main Project received two bids.
LHC, Inc. $466,530.00
Pack & Company $352,830.00
Williams noted the amount budgeted was $75,000. There are TIF
funds available to complete this project.
Williams recommended to award the bid to Pack & Company in the
amount of $352,830.00.
There was discussion.
Kennedy abstained from discussion and vote.
Atkinson moved to accept the bid for the 1st Avenue East Water Main
Project from Pack & Company in the amount of $352,830.00 and as a
result of the overage, the difference be taken out of the TIF
unallocated project money. The motion was seconded.
With a vote the motion carried with Nystul voting against.
Emergency Repair
Williams explained the City is trying to get some emergency repairs
done on the water main on Main Street before the tourists impact
the community.
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Staff would like to begin those repairs on Wednesday. In
discussing the scope of work that is going to have to take place,
it has been discovered it may be more than replacing the water
line. The City is responsible for the torn up road north of the
railroad tracks because of the digging and exploring, trying to
find where the water line is broken.
Now that it is known, 60 feet of line within the cast iron pipe
will be replaced. He would also like to repair and cut out all of
the old patches of road, especially in the south driving lane so it
will be a smooth surface for driving.
In discussing this with the State of Montana, they are also
interested in doing some repair work, collaboratively with the
City, south of the main track. The City would like to coordinate
with the State. The State has agreed to fund $10,000 to repair and
remove tracks. He was concerned about the bidding statute
requirements. The total cost of the project will probably be in
excess of $40,000. No bids have been received, the State is
willing to commit, a couple of quotes have been received but the
project needs to proceed before the tourists hit the community.
That street is one of the heaviest traveled streets in the
community.
It is necessary for him to get authority, given the emergency
nature of it. If not, he will postpone it a couple of weeks until
Council can act on it or go to bid with it. The City will be doing
most of the work with the exception of hauling the material away
and disposing of it, removing the concrete and doing the surfacing.
If it is not done now it will probably be July or August.
Atkinson stated due to declaring the emergency nature, he moved the
Council authorize the City Staff to proceed with the immediate
reconstruction of Main Street and the water line in the vicinity of
the railroad tracks and work with the State to construct the whole
area mentioned. The motion was seconded.
Nystul spoke against the motion. He agreed to the water line but
not the pavement.
There was discussion.
Collins spoke in favor of the motion.
Upon vote the motion carried with Nystul voting against.
Collins complimented the good job on the Whipp's Project on 3rd
Street East.
STAFF REPORTS
Out of Town
Rauthe will be in Helena on 5/5 & 6/93.
Nystul will be out of town 5/4 for 11 days.
Next Work Session 5/10/93 7:00 p.m.
Next Regular Meeting 5/17/93 7:00 p.m.
ADJOURN
The meeting was adjourned at
8:38 m.
�i� (��
DouglaQ D. Rauthe, Mayor
ATTEST:
y H. Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved 5/17/93