08/05/96 City Council Minutes914
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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DougAs D. Rauthe,
ATTEST:
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Debbie Giffor
Clerk of Counci
Approved August 19, 1996