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1. Council Minutes - Regular Meeting March 15, 2004A 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 JLM 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 Amy 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 1. 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. 5. 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 S 19,260,00, $19,990.00 and $20,830.00. 6. Authorize Contract for Highway 93 Construction Engineering Management_ t(moved _to Agenda as Item El4) 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. Kalispell City Council Minutes March 15, 2004 Page I 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 Alternates JTL Group $227,280.00 S250,000.00 Sandon Construction $192,992,75 $221,458.75 Settle Services $279,249.17 $305,598.91 Staff recommended the Council accept the low bid, including alternates, submitted by Sandon Construction. 8. 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. Jim 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. Kalispell City Council Minutes Marcie 15, 2004 Page 2 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. Kalispell City Council Minutes ,March 15, 2004 Page 3 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 Morrison-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. Hafferman said for a period of less than 80 days, this contract will cost approximately $40,000 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. Kalispell City Council Minutes March 15, 2004 Page 4 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. Hafferan 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 conning 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.. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes March 15, 2004 Page 5