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02. Council Minutes - Regular Meeting - June 5, 1995767 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 5, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS, CITY ATTORNEY GLEN NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Rauthe noted Resolution 4212 was not ready for consideration and will be removed. Moses moved to approve the agenda. The motion was seconded. The motion carried upon vote. Approve Minutes -May 15, 1995 Collins moved to approve the minutes. The motion was seconded. The motion carried with a vote. 4 Approve Claims per Payables Register F Williams explained the progress payment to Pack & Company in the amount of $84,000 for the tennis courts was added to the claims list. Moses moved to approve the claims. The motion was seconded. Upon vote the motion carried. ADDRESSING THE COUNCIL Eugene Thomas, 733 3rd Avenue East, E. Thomas Electric, thanked the Council for not hiring an electrical inspector. PUBLIC HEARING 5th Avenue East Special Improvement District No. 341 The purpose of the hearing is to receive public input regarding the creation of a Special Improvement District for the purpose of extending sanitary sewer main with services to the property located on 5th Avenue East, from 14th Street continuing south to the city limits. One written protest was received to date from LaDona Vitt of 2005 5th Avenue East. It takes 51% protest of the property owners residing within the district to stop the creation of the district. Based on the protest received to date it does not appear sufficient protests exist to halt the SID. Proponents None 768 Opponents None Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS Ordinance 1225-Hinzman Zone Change-2nd Reading Randy Hinzman has petitioned the City for a zone change for property he owns located approximately 70 feet east of 3rd Avenue West on the north side of 2nd Street West. This property is currently zoned RA-2 and the applicant is requesting a B-4 designation. Ordinance 1225 would change the zone from RA-2 to B- 4. The Planning Board held a hearing on the request with no one speaking in opposition. The Board has forwarded a favorable recommendation to Council and Staff agrees with the Board's recommendation. Collins moved Ordinance 1225, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance 1175), by zoning property located approximately 70 feet east of 3rd Avenue West on the north side of 2nd Street West (previously zoned RA-2, High Density Residential Apartment), B-4, Central Business, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. The motion carried upon roll call vote. Ordinance 1226-Approving Northwest Health Care PUD-2nd Reading This ordinance will change the zone for approximately 70 acres of hospital owned property from H-1, B-3 and RA-1 to a residential mixed use planned unit development. The intent of the PUD is to provide for a mix of land uses while preserving and enhancing the integrity and environmental values of the area. This ordinance adopts by reference the development agreement between the City and Northwest Health Care Corporation, which will guide the development through its various stages. The agreement has been changed to include spelling out CCNR's, adding heliports as a conditional use and decreasing the improvements' security to 100% of the project engineer's estimate. Williams and Staff recommended that Council adopt the second reading of the ordinance. Moses moved Ordinance 1226, an ordinance approving a planned unit development on certain real property owned by Northwest Health Care Corporation. The motion was seconded. The motion carried upon roll call vote. Resolution 4209-Courtyard Subdivision -Preliminary Plat This resolution will approve a request by the City of Kalispell for preliminary plat approval of a two lot subdivision located approximately 600 feet south of 18th Street West on the west side of Airport Road. 769 The property is currently occupied by 4 apartment buildings and zoned RA-1. Lot 1 contains approximately 1.11 acres and has 294 feet of frontage; Lot 2 contains approximately 1.14 acres and has 56 feet of frontage on Airport Road. This is a minor subdivision reviewed under the City Subdivision regulations and forwarded directly to City Council for final approval. FRDO and Staff recommended approval subject to the 4 conditions. Larson moved Resolution 4209, a resolution approving the subdivision of Assessors Tract 1G in the NE 4 of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Rauthe abstained from discussion and vote. There was discussion. The motion carried upon roll call vote. Resolution 4210-Creation of Airport Advisory Board The purpose of this resolution is to create an Airport Advisory Board for the purpose of advising the City Council on matters related to operating, maintaining and expanding the Kalispell City Airport. The Board would consist of seven members. By appointment, the board would include four members residing within the City's Master Plan jurisdictional area and the other three members being City residents. Council has discussed changing the membership residency requirements of board members to four members residing within the city limits and three members residing within the City's Master Plan jurisdiction. If Council decides to change the residency requirements, the resolution would need to be amended. Kennedy moved Resolution 4210, a resolution of the City Council to exercise all powers granted under the "Airport Authorities Act" (Title 67, Chapter 11, Montana Code Annotated) for the purpose of operating, maintaining and expanding the Kalispell City Airport and to create an Airport Advisory Board. The motion was seconded. Kennedy moved to amend the resolution to reverse the member numbers in Section II so that four members are from within the city limits. The motion was seconded. There was discussion. Nystul spoke in favor of the amendment. With a vote the amendment carried with Haarr voting against. Nystul moved to amend the resolution by inserting airport authority in those places airport advisory board appears. The motion was seconded. 770 There was discussion with Nystul withdrawing his amendment with consent of the second. There was more discussion. Atkinson moved to amend the resolution to include a Section V, stating the City Council will establish an airport authority by July 1, 1996. The motion was seconded. Moses spoke against the amendment. Granmo spoke in favor of the amendment. The amendment carried with a vote with Nystul, Moses and Atkinson voting against. Haarr and Nystul spoke against the resolution. Kennedy moved to amend the resolution to change the wording of items a and b to reflect four and three members "are property owners" rather than "reside within". The motion was seconded. Moses and Atkinson spoke against the amendment. Larson spoke in favor of the amendment. f With a vote the motion carried with Collins, Nystul, Moses and Atkinson voting against. Atkinson and Collins spoke against the amended resolution. Kennedy and Larson spoke in favor of the amended resolution. The motion carried upon roll call vote with Nystul, Haarr, Atkinson and Collins voting against. Resolution 4211-Creation of Special Improvement District No. 341 The purpose of this resolution is to create a Special Improvement District No. 341, which will allow for the consideration of a city sewer along 5th Avenue East, from 14th Street terminating at the southern city limits. The cost of this project is estimated to be $146,500. There are 34 individual properties within the district. The cost and expense of the Special Improvement District will be assessed against all of the 34 benefitting property owners residing within the district. The assessment, which will be used to pay for the bonds sold, will extend over a 15 year period with the City contributing up to $50,000 for the late comers portion of the project. 771 Atkinson moved Resolution 4211, a resolution relating to Special Improvement District No. 341; creating the district for the purpose of undertaking certain local improvements and financing the costs thereof and incidental thereto through the issuance of Special Improvement District Bonds secured by the City's Special Improvement District Revolving fund and establishing compliance with reimbursement bond regulations under the Internal Revenue Code. The motion was seconded. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL July 3, 1995 Meeting Rauthe noted 5 Mondays in July and asked if Council wished to meet on Monday, July 3rd, due to the holiday on Tuesday. It was the consensus to meet on July 3rd. KGA Invitation Rauthe noted the KGA invited the council members that were unable to attend the recent tour to call anytime and they would give a special tour. State Nystul asked about the stop signs at 3rd Avenue West North and Washington, if the Department of Transportation had added it to their evaluation list. Assistant Police Chief Hossack stated he was told the data collection safety van would not be here until late in the summer. BUSINESS FROM MANAGER City/BALSCO Lease-PECDD Office-248 3rd Avenue East Planning Director Larry Gallagher submitted a memo regarding the lease of the PECDD office with the BALSCO partnership, that Council requested he negotiate. Also, he submitted a memo summarizing his meeting with the BALSCO partners, a copy of Randy Ogle's letter of response on behalf of the partners and a comparison spreadsheet of the existing, proposed and negotiated leases. He recommends a two year lease for the period from May 1, 1995 through April 30, 1996, in the amount of $23,870.00, with an option to renew for an additional one year term. The CPI annual adjustment would need to be considered each year and to specify which CPI index should be used. Williams concurred with Gallagher's recommendation. Larson moved to authorize the city manager to sign the new 2 year lease with BALSCO for the PECDD office in the amount of $23,870.00. The motion was seconded. There was discussion. Upon vote the motion carried with Nystul voting against. 772 s Bid Recommendations Flathead High School New Parking Lot Four bids were received and opened on May 25th as follows: Sandon Construction $266,746.00 A-1 Paving $259,486.50 NuPac $219,681.00 LHC $217,777.00 Staff recommended the bid be awarded to LHC in the amount of $217,777.00. Williams concurred with staffs recommendation of the award. Collins moved to award the bid to LHC in the amount of $217,777.00. The motion was seconded. Upon vote the motion carried. Water Supply Test Well Bids were opened on May 30th for the water supply test well as follows: Western Water Works $33,850.00 Billmayer's $62,950.00 Liberty Drilling $58,500.00 Costilia Drilling $41,700.00 Williams recommended the bid be awarded to Western Water Works. Atkinson moved to awarded the bid to Western Water Works in the amount of $33,850.00. The motion was seconded. Upon vote the motion carried. Lawrence Park Restrooms Renovation Bids were opened on May 31st for the Lawrence Park Restroom project. One bid was received from Native Way in the amount of $47,258.00. The amount budgeted for the project is $33,500.00. Because the bid was significantly higher than money available, Williams recommended Council reject the single bid and allow staff to negotiate a more acceptable price from local builders previously worked with on similar projects. Williams felt confident that the city can negotiate a price at or below the $25,000 bid threshold for the remodeling and requested Council authority to proceed. The second phase of this project requires the installation of a sewage grinder pump and approximately 180 feet of 2" sewer line. The 'bid from Native Way for this portion of the project was $26,500, and considerably more than anticipated for this portion of the project. 773 Williams asked Bob Babb and Mike Baker to work together to determine if this portion of the project can be installed using force account labor and forward the information to Council. Collins moved to reject the bid and allow staff to negotiate a more acceptable price from the local builders. The motion was seconded. The motion carried with a vote. 1995 Construction Materials The 1995 Construction materials bids were opened on June 1, 1995 as follows: Material Company Price Per Ton AC Hot Mix A-1 Paving $19.00 Pack $25.00 Cold Mix A-1 Paving $90.00 6" Pit Run A-1 Paving $1.00 LHC $1.20 McElroy $1.60 Pack $2.75 3/4" Crushed McElroy $3.60 A-1 Paving $4.00 LHC $4.20 Pack $4.40 3/8" Pea Pack $4.00 Gravel McElroy $4.00 LHC $4.50 Kennedy abstained from discussion and vote. Williams recommended the low bidders be awarded the bids for construction materials. Curbing and Sidewalk Item 4" Sidewalk 6" Sidewalk Curb & Gutter Straight Curb Sandon Pack $2.86 $ 3.25 $2.95 $ 3.78 $7.60 $10.00 $8.00 $10.00 Williams recommended awarding the contract to Sandon. Kennedy abstained from discussion and vote. 774 Granmo moved to award the bid for the construction materials, curbing and sidewalk to the low bidders. The motion was seconded. With a vote the motion carried. STAFF REPORTS Next Work Session June 12, 1995 7:00 p.m. Next Regular Meeting June 19, 1995 7:00 p.m. KDC Executive Board Meeting 6/6/95 7:00 a.m. ADJOURN The meeting was adjourned at 9:02 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council