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08/05/96 City Council Minutes914 914 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 5, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. COUNCILMAN GARY NYSTUL WAS ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Thelen requested the minutes from July 15 and 22, 1996 be continued to the next meeting. Atkinson moved to approve the agenda as suggested. The motion was seconded. The motion carried upon vote. ARprove Claims per Payables Register Thelen reported a claim to Pack & Company was added in the amount of $16,015.52 for the Work done on the Woodland Park contract. Kennedy moved to approve the claims with the addition. The motion was seconded. Upon vote the motion carried. ADDRESSING THE COUNCIL Green acres Failing Septic Systems Craig Naylor, 1579 Haven Drive, one of the properties involved in Item 15, was uncomfortable about signing the waiver for annexation and would like more details and encouraged the park be included in the annexation that is located at Haven Drive and South Woodland. Meridian Pointe Apartments Sylvia James, Meridian Pointe apartments, read a letter she sent to the Council regarding the lack of play area for children at the Meridian Pointe apartments and a letter the tenants received from the manager stating parents would be turned in to the Department of Family Services for children playing in the wrong areas. Stop Sian Request Stan Smith, 316 Liberty Street, requested the consideration of stop signs placed at Glenwood and Liberty Street. He travels this area every day and has seen many accidents and felt it is a dangerous intersection. Proposed Green Acres Annexation Mike DeBaldo, 1516 Eagle Drive, spoke against the proposed annexation of Green Acres. He felt part of the neighborhood was being eliminated from the annexation for the purpose of gaining the signatures. ORDINANCES & RESOLUTIONS ordinance 1246-Creatina Municipal Court -1st Reading This Ordinance establishes a Municipal Court system to replace the current City Court, effective January 6, 1997. The Council approved this change as part of the FY 1997 budget. The Ordinance requires that the Judge be a licensed attorney in Montana for two years and the court will be a Court of Record, which means that appeals to District Court will be on the record established in the lower court. The court will also have concurrent jurisdiction with the District Court on matters pertaining to landlord/tenant law. Thelen recommended that Council approve the Ordinance on first reading. r991'� 915 Kennedy moved Ordinance 1246, an ordinance repealing R.O. 1947, SS 7 and 8, and establishing a municipal court for the City of Kalispell and a municipal clerk position; declaring an effective date and authorizing the city attorney to codify this ordinance. The motion was seconded. There was discussion. The motion carried upon roll call vote with Larson, Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy and Mayor Rauthe voting in favor. Resolution 4283-Budget Transfers These transfers represent a housekeeping function relating to the classification of expenditures so that each amount has adequate budgeted funds to cover FY 1996 expenditures. Thelen recommended that Council approve the Resolution. Collins moved Resolution 4283, a resolution to approve a transfer among appropriations within a general classification of expenditures as adopted by the City of Kalispell budget for 1996 fiscal year. The motion was seconded. With a roll call vote the motion carried with Larson, Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy and Mayor Rauthe voting in favor. Resolution 4284-Montana Disaster and Emergency Services A Resolution designating an appropriate City official to sign off on documents relating to Disaster Assistance. The Parks Department qualified for about $1,200 in assistance based on the spring flooding. Finance Director Amy Robertson is an appropriate person to execute these documents. Thelen recommended that Council approve the resolution. Larson moved Resolution 4284, a resolution authorizing the finance director to execute for and in behalf of the City of Kalispell an application to the Montana Disaster and Emergency Services for the purpose of obtaining financial assistance under the Disaster Relief Act or otherwise available from the President's Disaster Relief Fund. The motion was seconded. The motion carried upon roll call vote with Larson, Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy and Mayor Rauthe voting in favor. BUSINESS FROM MAYOR & COUNCIL TIF Qptions Rauthe requested Thelen to update the numbers that were in the agenda memo from July 1, 1996 regarding the list of TIF options and address at the next meeting. Thelen noted it is on the next agenda. Interlake Compliment Collins complimented Dan Black, Daily Interlake editor , for the good article in the Sunday paper explaining the TIF. Atkinson asked if Council would be meeting on the fifth Monday with the other local governments? Rauthe suggested Council not meet the first Tuesday of September, due to Labor Day and hold the regular meetings on the second and fourth Mondays. There was discussion and consensus to meet the 2nd Monday in September. () 91 (), Bus LoAding Area -Russell School Kennedy noted she received a request from the principal at Russell School, to possibly move the bus loading area with the new addition. Haarr requested a de -briefing from Al Thelen prior to him leaving. Thelen stated he would do so at the next work session. Water Well Delay Haarr questioned the reasoning for the delay of the drilling of the water well at the FVCC site. Asst. City Engineer John Wilson updated the Council and explained the main issue was the noise and disruption. BUSINESS FROM MANAGER The Airport Advisory Board has prepared and recommended a 20-year budget projection in accordance with Council request when Council approved the Airport/Ballfield Urban Renewal project. The budget reflects the availability of $467,389 for capital improvements during this period. Thelen recommended that Council accept the budget plan and acknowledge that it fulfills the request that the Council made. Larson moved Council to accept the budget projection and the 20 year business plan presented by the Airport Advisory Committee and acknowledge that it fulfills the intent of the request the Council made of the committee. The motion was seconded. Kennedy commended the Airport Advisory Board for their hard work they have put into this project. With a vote the motion carried. Authority to Request for Proposals -Design Ballfield Athletic Complex ParksDirector Mike Baker has requested permission to issue a request to receive proposals for design service regarding the Ballfield Complex. Thelen recommended that Council authorize the issuance of a request for proposal. Kennedy moved to authorize the issuance of a request for proposals _ for design service for the ballfield complex. The motion was seconded. There was discussion. With a vote the motion carried. id c-Ltion of Request from City Manager for Permission to Live memlaorarly Outside the City Clarence Krepps, the City's new City Manager, has purchased a home in Buffalo Stage, Section 11. This section of the subdivision has 30 lots in it and the developer is required to request annexation when 50% of the lots are sold. Building permits have been issued on eight of the lots and it is anticipated that the subdivision will be annexed in calendar year 1997. Thelen recommended that Council grant Clarence Krepps permission to live outside the City until September of 1997. Collins moved to allow Clarence Krepps to live outside the city until September 1, 1997. The motion was seconded. Upon vote the motion carried. 0.91 7 917 Center Street Crosswalks (Morrison & Maierle Contract) The City Staff received a proposal from Morrison & Maierle to provide technical assistance in designing a safe pedestrian access to the Kalispell Mall across Center Street at a cost of $6,350. Thelen recommended that Council accept the proposal. Haarr moved Council accept the bid from Morrision and Maierle to do a study on a safe pedestrian access across Center Street from Kalispell Center Mall. The motion was seconded. There was discussion. Atkinson moved to amend the motion to include that the cost of the pedestrian study will not exceed $6,350. The motion was seconded. There was more discussion. The amendment carried with a vote. The amended motion carried with a vote. Valley Bank Development Agreement Extension Jack King has requested an extension in his current agreement with the City that will extend his option to build on the lot until December 16, 1997. This is a one year extension, at which time the City will have the ability to repurchase the parking lot in accordance with the original agreement. While the bank currently owns the lot, the Parking Commission has the authority to continue to use this lot for general parking purposes, including the revenues generated from the meters. Thelen recommended that Council approve the lease extension and authorize the Mayor to sign the same. Collins moved to grant the Valley Bank request for extension with their current agreement with the City, to extend their option to build on the lot until December 16, 1997 and authorize the mayor to sign. The motion was seconded. There was discussion. Donahue spoke against the motion. Donahue moved to amend the motion to change the date from December 1997 to December 1996. The motion died due to lack of a second. Collins and Kennedy spoke in favor of the motion. Upon vote the motion carried with Donahue voting against. New Rate for Evergreen Sewer District The Finance Office has computed the new sewer rate for Evergreen Sewer District for FY 1997 in accordance with the Interlocal Agreement with the District. This will be the first time that the City has computed the rate on a fiscal year basis. This change was agreed to earlier in the year as it is more desirable to the District and the City. The rate for the next 12 months will be $1.31 per 1,000 gallons, down from last year's rate of $1.56; however, Evergreen's percent of the plant use based on flows generated by the District compared to the City's flows is 18.54% compared to 16.85% last year. Thelen recommended that Council approve the rates for FY 1997 of $1.31 per 1,000 gallons. Granmo moved the rate for the Evergreen Sewer District be set at $1.31 per thousand gallons as determined by the Finance Department. The motion was seconded. The motion carried with a vote. 0 9 ._1 8. 918 FA tj, ing Septic SySteMS Green Acres Area There are seven properties that have been identified by County Health officials as having failing septic systems. While the properties are not in the City's jurisdiction, the City has the facilities to resolve the problem. The City would construct sewer laterals that would flow to a central lift station and be pumped to the City system which is nearby. The City will pay for the costs now estimated at $25,000 and the affected property owners would reimburse the City on a semi-annual basis over a 15-year period similar to a regular S.I.D. The City can fund the project from existing sewer funds. The City would hire a consulting engineer to design the system so that it can be constructed this Fall. Based on the assumption that this area will be annexed later this year and upon the owner's signing the City's standard waiver not to protest the annexation, Thelen recommended that Council approve the Staff's plan,to provide sanitary sewer service to this area. Haarr moved to approve the Staff's plan to provide a sanitary sewer service to the 8 properties and that in addition to all of the other recommendations and requirements to be sure that the owners will sign the City standard waiver and not protest annexation into the City. The motion was seconded. Atkinson and Kennedy spoke against motion. Larson, Rauthe and Haarr spoke in favor. With a vote the motion failed due to a tie vote with Haarr, Larson, Granmo and Rauthe voting in favor. There was discussion. Kalispell Golf Association -Request for Capital Improvements The Association is required to have the Council approve all capital expenditures that cost more than $25,000 since the City owns the Golf Course. They have requested that they be authorized to spend $125,000 for a dewatering project and $875,000 for the renovation of the tee greens and tees. Thelen recommended that Council approve the Association's request. Haarr moved under the existing conditions of the Kalispell Golf Association that Council grant approval to the association to expend an amount for a dewatering system estimated at $25,000 and amount estimated to be $875,000 for the greens and tee boxes at the Kalispell Buffalo Hill Golf Course. The motion was seconded. There was discussion. Atkinson moved to table the motion until the contract is agreed upon. The motion was seconded. The motion to table failed with Kennedy, Larson and Atkinson voting in favor. There was more discussion. Upon vote the motion carried with Kennedy, Larson and Atkinson voting in favor. PaintingHouse Numbers on the Curb -Request Mr. Frank Bear has requested permission to paint house numbers on street curbs so that he can sell this service to homeowners. While this was approved in 1986 with restrictions, the City Public Works Director recommended that Council deny this request. He and the Police and Fire Chiefs have concerns about homeowners using this system rather than house numbers. Curb numbers, of course, cannot be seen when covered with snow. There is a problem also with the maintenance of the painted numbers. Thelen recommended that Council deny this request. 1 1 1 () 91 91, 919 Larson moved due to the recommendations provided by Staff to deny permission to paint house numbers on the curbs. The motion was seconded. There was discussion. With a vote the motion carried with Granmo, Donahue and Haarr voting against. Woodland Park Connection Parkway Improvements -Bid Award The Public Works Department has reviewed the bids received on this project and considered whether a rebid breaking down the components of the bid would be advantageous. The Staff recommended the elimination of the pedestrian bollards and the tree root barrier fabric, which will reduce the costs by $5,000 and bring the total to $68,367. As previously indicated, these funds will have to come from the uncommitted project account of the tax increment fund. The area served by the ornamental lights included in this project can be added to the ornamental light district. There is no assessment for FY 1997 due to the use of cash balances. Thelen recommended that Council award the bid to Sandon Construction in the amount of $68,367. THIS WAS THE ACTION ON THIS ITEM AT THE LAST MEETING OF JULY 15, 1996: Woodland Park Connection Parkway Improvements Sandon $ 73,367.00 NuPac $ 79,980.00 Atkinson moved to award the bid to Sandon in the amount of $73,367.00. The motion was seconded. Haarr moved to amend the motion to take out the antique light conduit and light bases for an approximate credit of $20,000 bringing the price more in line as suggested. The motion was seconded. Kennedy spoke against the amendment. There was discussion. The amendment carried with Atkinson, Collins, Kennedy and Rauthe voting against. Haarr spoke against the amended motion. There was more discussion. Haarr moved to table the motion until August 5, 1996. The motion was seconded. The motion carried with Atkinson, Kennedy and Rauthe voting against and was tabled. ----------------------------------------------------------------- ON THIS DATE Kennedy moved to remove this motion from the table. The motion was seconded. The motion carried with Granmo, Donahue and Haarr voting against. Kennedy moved to amend the motion to put back in the antique street lights, conduits, knock outs, for approximately $20,000 but removing the pedestrian bollards and the tree root fabric for $5,000 making the bid award of $68,367. The motion was seconded. I 920 There was discussion. Haarr spoke against the amendment. The amendment failed due to a tie vote with Kennedy, Atkinson, Collins and Rauthe voting in favor and Haarr, Granmo, Donahue and Larson voting against. Haarr moved to amend the motion by removing the bollards and the fabric. The motion was seconded. Haarr called for the question. The amendment carried upon vote. There was more discussion. Atkinson moved to amend the motion to include the conduit and knockouts. The motion was seconded. There was discussion. The motion carried with Haarr and Donahue voting against. The lights and bases are out, the conduit and knockouts are in, the bollards and the fabric are out. Haarr, Granmo and Donahue spoke against the amended motion. Kennedy spoke in favor of the amended motion. The thrice amended motion carried with a vote with Haarr, Donahue and Granmo voting against. Request for Authority to Bid Water Projects Staff requested authorization to request bids on the South Woodland, Liberty Street/Three Mile Drive, and the Two Mile Drive water projects. These projects are all funded from the recent water bond program. Haarr moved to authorize the request authorize the call for proposals for the three projects, South Woodland, Liberty Street/Three Mile Drive, and the Two Mile Drive. The motion was seconded. _ Haarr called for the question. With a vote the motion carried. STAFF REPORTS Next Work Session August 12, 1996 7:00 p.m. Next Regular Meeting August 19, 1996 7:00 p.m. City Picnic August 21, 1996 5:30 p.m. ADJOURN The meeting was adjourned at 10:00 p.m. �-" 9 9 DougAs D. Rauthe, ATTEST: JVZf 0—_,..., Debbie Giffor Clerk of Counci Approved August 19, 1996