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1a. Council Minutes - Regular Meeting - April 18, 1994644 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 18, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -April 4, 1994 Approve Claims per Payables Register Pledged Securities 3/31/94 Moses moved to approve the consent agenda. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL Tree City USA Award Bill Wright, 1104 lst Avenue East, Street Tree Commission member presented the City with the Tree City USA Award from the National Arbor Day Foundation. He noted Kalispell also received the Growth Award. Mike Baker, Parks Director accepted the awards on behalf of the City. PUBLIC HEARING Kalispell Airport Neighborhood Plan Norm Kurtz, Montana Pilots Association President, felt the airport could be run minimally and was in favor of appointing a volunteer Airport Board, which would create a safety plan, mission statement, an operating plan and a revenue plan. Rich DeJana, 422 Summit Circle, representing Kalispell Youth Soccer, passed a letter to Council and then highlighted the contents. He would like the Council to make a decision on the airport as soon as possible so everyone can begin planning and moving along. He requested a citizen committee be formed to look at the adult and the youth recreational needs of this community. Gilbert Bissell, owner/manager of Aero Inn, 1830 Hwy 93, has done several surveys and the results have shown many businesses receive significant impact from the airport users. Nick Haren, Chamber of Commerce, spoke in support of the Airport Neighborhood Plan and encouraged the pursuit of implementation of the plan. 647 The Board's recommendation on a 4-3 vote is to allow telecommunication companies and/or radio common carriers with ancillary antennas as a conditional use in the B-1 zone. During Council's last work session the request received considerable discussion which concluded with a directive to modify the language approved by the Planning Board to restrict the height and size of antennas allowed as conditional use in the B-1 zone. Ordinance 1207 includes the modified language and reads "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet". Larson moved Ordinance 1207, an ordinance amending Section 27.13.030 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by expanding the list of conditional uses in a Neighborhood Business, B-1 Zoning classification to include "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet" as a conditional use, and declaring an effective date. The motion was seconded. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL Proclamations Mayor Rauthe proclaimed April 23-29th as "National Infant Immunization Week", April 29th as "Arbor Day", April 29th as Arbor Day including the dedication of the Community Arboretum at Flathead Valley Community College to the memory of Raymond C. Gardner, May 3rd as "National Teacher Day", May 5th as "Day of Prayer" and April 25-29th as "Chamber of Commerce Week". EIS Kennedy noted that EIS will be receiving comments concerning the highway until May 6th. Public Works Kennedy complimented the Public Works Staff for good work preparing the roads on the west side for paving. Aviation Videos Larson informed Council he has the aviation videos if anyone else would like to view them. BUSINESS FROM MANAGER Design Concept Contract-Norwest Bank Protect Ross Plambeck explained the Norwest Bank Drive -Through Expansion and the Avenue of the Arts Project. He also explained the proposal submitted by Bruce Lutz consisting of the total design contract, bid documents and construction supervision fees amounting to $4,460.00. 648 Williams requested authority to enter into the contract with Bruce Lutz in the amount of $4,460.00. Atkinson moved to authorize the city manager to enter into an agreement with Sitescape Association for the Avenue of the Arts not to exceed $4,460.00. The motion was seconded. There was lengthy discussion. Kennedy spoke in favor of the motion. The motion failed upon vote with Kennedy, Moses, Atkinson and Rauthe voting in favor. Goodale/Barbieri Secondary Loan Agreement Amendment For many months the City has been involved in negotiations with the Goodale/Barbieri Company concerning the Secondary Loan Agreement, specifically, the City has disputed the application of certain contract language used to calculate the City's interest in profit sharing over the life of the agreement. Williams reported that a compromise has been reached with the Barbieri Partnership, resulting in a clarification of the disputed provisions and an amendment to the Secondary Loan Agreement. Williams recommended that Council authorize the Mayor to sign the Third Addendum to the Secondary Loan Agreement. Kennedy, moved to authorize the mayor to sign the Addendum to the Secondary Loan Agreement with Goodale and Barbieri. The motion was seconded. The motion carried with a vote. South Woodland Engineering Contract A proposed engineering contract with Thomas, Dean & Hoskins in a lump sum amount not to exceed $38,800. The purpose of the contract is to provide the City with a Preliminary Planned Unit Development report for seven acre site and a facility plan for the South Woodland area. The budget contains a $40,000 appropriation for the purpose and Williams and Staff recommended that Council authorize him to enter into the contract with Thomas, Dean & Hoskins for the specified engineering services. Atkinson moved to authorize the manager to sign the contract with Thomas Dean & Hoskins in the amount of $38,800. The motion was seconded. There was discussion. Atkinson spoke in favor of the motion. There was more discussion. We Larson called for the question. The motion carried unanimously. Authority to Bid -Airport Road Apartment Complex Susan Moyer submitted a memo requesting authority to seek construction bids for the 32 unit apartment complex planned for the City's Airport Road property. Atkinson moved to authorize the call for bids for the Airport Road complex. The motion was seconded. Kennedy spoke in favor of the motion. The motion carried upon vote. 1994 Overlay Project -Bid Recommendation Bids were opened last week for the 1994 Street Overlay Project. Two bids were received: 1) NuPac bid $498,970 and 2) A-1 Paving bid $539,600. Both bidders fully complied with specifications. Williams and Staff recommended the award go to the low bidder NuPac in the amount of $498,970. Larson moved to award the 1994 Overlay Project bid to NuPac in the amount of $489,970. The motion was seconded. Kennedy abstained from discussion and vote. With a vote the motion carried. STAFF REPORTS Next Work Session 4/25/94 7:00 p.m. Next Council Meeting 5/2/94 7:00 p.m. ADJOURN The meeting was adjourned at 9:54 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, Clerk of Council