03/15/04 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MARCH 15, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL,
MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM
ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON,
DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT.
Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz,
Finance Director Any Robertson, Community Development Director Susan Moyer and Tri-City
Senior Planner Narda Wilson.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
Council Minutes — Regular Meeting —March 1 2004
2. Ordinance 1493 — Zoning — Duo Corp and Gardner Investments — 2nd Reading
This is a request for a zoning designation of R-3 and P-I on approximately 8.4 acres on the
north side of California Street between 5th Avenue East North and 6th Avenue East North.
3. Authorize Contract Negotiations for North Fire Station Comprehensive Development Plan
On March 9th, two architectural teams presented proposals for the design and development
of a north fire station. After reviewing both proposals, staff requested Council authorization
to enter into negotiations with Grover and Company of Whitefish.
4. Award Bid — Emergency Vehicle Exhaust Removal System
Three bids were received for the installation of an emergency vehicle exhaust system
designed to capture 100% of all diesel exhaust generated in the fire apparatus bay. Airpro,
Inc. submitted a bid of $91,695.00, Carson Brothers, Inc. a bid of$99,725.00 and CleanAir
Concepts $58,950.00.The bids included optional drive -through capabilities and filters. Staff
recommended the bid be awarded to CleanAir Concepts, Inc.
Audit Contract Renewal
Staff requested the Council authorize the City Manager to enter into another three-year audit
contract with Denning, Downey & Associates. The costs per year are $19,260.00, $19,990.00
and $20,830.00.
6. Authorize Contract for Hiahwav 93 Construction En2ineerin2 Manavement (moved to
Agenda as Item E/4)
Thomas, Dean & Hoskins, Morrison Maierle and foresgren Associations submitted
proposals for US 93 Construction Management Services. Staff recommended the contract be
awarded to Morrison-Maierle, Inc. of Kalispell.
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March 15, 2004
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7. Award Bid —Meridian Trail Connector
Three bids were received for the Meridian. Trail Connector located on the northerly edge of
Kalispell adjacent to the west side of Highway 93 and the north side of Four Mile Drive.
Base Bid
JTL Group $227,280,00
Sandon Construction $192,992.75
Settle Services $279,249.17
Staff recommended the Council accept the low bid,
Sandon Construction.
Alternates
$250,000.00
$221,458.75
$305,59891
including alternates, submitted by
Citizenship Award — Wendy.Olson
As the director of Safe Kids, Safe Communities, Wendy Olson has contributed significantly
to the health, safety and welfare of the community.
9. Proclamation — Child Abuse -prevention and Awareness Month — April, 2004
Larson moved approval of the Consent Agenda. The motion was seconded.
Hafferman moved that consent agenda item #6 be moved to the regular agenda as item #E/4.
The motion was seconded.
There was no discussion.
The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon roll call vote.
C. STUDENT ISSUES
Jenna Newgard, 905 Clark Avenue, gave an update on the Youth Advisory Council.
D. HEAR THE PUBLIC
Erica Wirtala, Sands Surveying, spoke on behalf of the Glacier Village Greens Homeowners
Association and asked the Council to approve Resolution 4867 amending the preliminary plat for
Glacier Village Greens Phase 3C.
Jinn Connelly, President of the Glacier Village Greens Homeowners Association, said he hasn't
spoken with all of the homeowners but those that he has talked with do not want sidewalks along
these four lots. He said the residents would like to preserve the view and vision of Village Greens
and he urged the Council to approve the amendment.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/L RESOLUTION 4867 — PRELIMINARY PLAT AMENDMENT — GLACIER
VILLAGE GREENS PHASE 3C
Sands Surveying, on behalf of the Glacier Village Greens Homeowners Association, requested an
amendment to the preliminary plat of this four -lot subdivision by deleting the requirement for
sidewalks.
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Larson moved Resolution 4867, a resolution amending the conditions of approval of the
preliminary plat of Glacier Village Greens Phase 3C, more particularly described as a portion
of Homeowners Park B in Phase 3A, Glacier Village Greens Subdivision in the W2SE4 of
Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The
motion was seconded.
Wilson gave a staff report explaining the developer, in lieu of installing the sidewalk, has agreed to
place a notice on the final plat waiving protest to the creation of a Special Improvement District for
the future installation of sidewalks, a landscape boulevard and the installation of street trees.
Olson asked if the Community Center will have sidewalks.
Wilson answered that issue will be coming before the City Council in the future.
Kenyon asked if there are many children in the neighborhood.
Wilson responded there are children, but not enough of a significant number to take that into
consideration.
There was discussion concerning the golf cart path.
Hafferman said if the City orders in sidewalks the homeowner is responsible for 100% of the cost.
He questioned why we need an SID waiver on the final plat.
Kukulski answered a waiver on the plat ensures that these four lots would not be able to protest the
addition of sidewalks in the future.
The motion carried unanimously upon roll call vote.
E/2. RESOLUTION 4868 — MERIDIAN ROAD PROJECT FUNDING
This resolution will inform the Montana Department of Transportation and the Federal Highway
Administration that the Council intends to pursue the use of the City's bonding authority for the
Meridian Road Construction with Federal Urban Highway funds.
Peters moved Resolution 4868, a resolution to declare the intention of the Kalispell City
Council to use the City of Kalispell's bonding authority to construct Meridian Road by
utilizing federal urban highway funds through the Montana Department of Transportation.
The motion was seconded.
Kukulski gave a staff report explaining this resolution does nothing more than to state that the City
and Council are serious about using this bonding authority for the completion of Meridian Road in
one phase. He said this process is experimental because the State has never done this before, but he
hopes it will be successful.
Hafferman stated he usually votes against bonding, but in this case it's the City using its bonding
authority to get this project completed and will guarantee the urban highway fund allocation for
Kalispell will be provided by the Montana Department of Transportation to retire the bonds at no
additional cost to Kalispell taxpayers, He said he's "totally for it" and complimented the City
Manager and the Public Works Director for pursuing this method of funding which hasn't been done
before.
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The motion carried unanimously upon roll call vote.
E/3. RESOLUTION 4869 —AMEND BUDGET APPROPRIATIONS —CULTURAL ARTS
GRANT
This is a pass -through grant in the amount of $7,500 from the Montana Arts Council to the
Northwest Montana Historical Society to be used for operating the Central School Museum.
Peters moved Resolution 4869, a resolution amending the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2003-2004 budget adopted by the City Council for the
purpose of acceptance of the Montana Cultural Arts Grant. The motion was seconded.
Kukulski gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
E14. AUTHORIZE CONTRACT FOR HIGHWAY 93 CONSTRUCTION ENGINEERING
MANAGEMENT SERVICES
Larson moved the Council award the US Highway 93 construction services contract to
Morris on-Maierle Engineers of Kalispell. The motion was seconded.
Kukulski explained this contract is for an expenditure of up to $304,324.00 covers utility
construction inspections during the reconstruction of US Highway 93. He said the contract is within
the budget and covers a relatively short period of time. Kukulski clarified that even though the
contract covers a condensed time period, it doesn't change the amount of inspection hours because
the contractor is scheduled to work a minimum of ten hours a day, six days a week.
Haffennan said for a period of less than 80 days, this contract will cost approximately $4,000 per day
for construction inspection. He said "unless we have a whole bunch of lawyers out there inspecting
it, that's a hell of a price to be paying".
Hansz said the contract has a "not to exceed" figure and is based upon the time and materials used to
do the work. He said he thinks the cost will be substantially less, but if "nothing goes our way" this
is the maximum it will cost. Hansz said if more time and materials are needed than expected the
City can't go back and get more bond money, but it doesn't have to use all that it gets.
Peters said he agrees with Hafferman that the amount seems excessive.
Kukulski emphasized that even though it appears to be a simple water and sewer project, water and
sewer will be installed on both sides of the road. He complimented MDOT for putting together a
contract that aggressively gets this job done in a short period of time.
Hansz reminded Council that ten to twelve hour days are planned.
Herron said it still seems like a blank check up to $300,000.00.
Kukulski said this contract is no different than any other contract the City has had on the hourly
scenario.
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Hansz said. Herron's comment implies the City has no oversight and no ability to regulate or control
the consultant. He said this is a collaborative process and if he had any doubt that they couldn't
work effectively with Morrison-Maierle, they wouldn't have brought a recommendation before the
Council to proceed.
Hafferman stated he's done a lot of construction inspection and this is excessive.
Olson asked if it would be possible to take the City's three certified engineers and put them on this
project.
Hansz responded if they did that, "what is it you don't want done". He said they're busy handling
the development projects and City projects coming into the office.
Olson said if we can't use City employees, then he doesn't see any other way the City can handle
this.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Peters
and Mayor Kennedy voting in favor, and Hafferman and Herron voting against.
F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
Mayor Kennedy recognized members of Boy Scout Troop 35 who attended the meeting in order to
receive their citizenship badges.
Kukulski commented that once the reconstruction of Highway 93 begins, the State will be asking the
City to annex the right-of-way.
G. ADJOURN
The meeting was adjourned at 8:03 p.m.
ATTEST:
F
Theresa White
City Clerk
Approved April 5, 2004
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