04/16/07 City Council MinutesA REGULAR MEETING OF THE IKALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, APRIL 16, 2007, IN THE COUNCIL CHAMBERS AT CITY HALL IN
K.ALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, BOB HAFFERMAN, TIM KLUESNER, HANK OLSON,
DUANE LARSON, AND WAYNE SAVER.UD WERE PRESENT. COUNCIL MEMBERS
KARI GABRIEL AND RANDY KENYON WERE ABSENT.
Also present: City Manager James Patrick, City Attorney Charles I Iarball, City Clerk Theresa White,
Police Chief Roger Nasset, Public Works Director Jinn Hansz, Fire Chief Randy Brodehl, Finance
Director Amy Robertson, Parks Director Mike Baker, Administrative Coordinator Lisa Simmer,
Planning Director Tom Jentz, and Recording Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Larson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Gabriel and Kenyon absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Re lar Meetin — April 2,2007
2. Pled ed Securities as of March 31 2007
3. ordinance 1605 — Initial Zoning. —,Cottage Gardens -- 2nd Readin
Apex 1 is requesting a zoning designation of R-3, Urban Single Family Residential, on
approximately 11 acres located on the north side of Three Mile Drive. ordinance 1605
unanimously passed on first reading; April 2.
4. Amendment to Conrad Mansion Museum B laws
The Conrad Mansion Board of Directors is requesting an amendment to their bylaws to allow
the directors to appoint three additional "at large" members to the board.
5. Proclamation -,Child Abuse Prevention and Awareness Month — April 2007
6. Proclamation — Arbor Da Aril 27 2007
Saverud moved approval of the Consent Agenda. The motion was seconded,
There was no discussion.
The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent.
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April 16, 2007
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C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Ken Kalvig, attorney representing Wolford Development Montana, LLC, stated Bucky Wolford has
reviewed the transportation impact fees report and was shocked by the conclusions; feeling the
proposed impact fees are not fair and will adversely affect his project. Kalvig said he is not an expert
on impact fees, however, he feels the report is a "bit thin" on substance and does not clearly or
adequately explain how impact fees of tens or hundreds of thousands of dollars are justified. He said
Bucky Wolford feels the report's conclusions justifying the amounts are wrong. Kalvig said his
bottom -line conclusion is that there is not enough information in the report to convince him the
amount of the impact fees is justified.
Will Harnmerquist, Helena, updated the Council on the National Geographic Geotourism MapGuide
Project and said the deadline for submitting nominations and stories that capture the character of this
region is May 11.
Olaf Ervin, Montana Mapping, noted the developers of Three Mile Views Subdivision do not agree
with condition #5 requiring that all of the easements be placed within the common area and not on
individual lots as shown on the preliminary plat. He said putting the easements in the common area
will increase the setbacks and place an unnecessary burden on the developers.
Mark Lennon, DNRC Urban Forester, announced that Kalispell has been awarded the Tree City USA
award for the loth year in a row, and the Growth Award for the 14th year in a row.
Mark Goldberg, Goldberg Properties, said he is present to address the impact fees during the work
session and will be available for any questions.
Richard Nelson, Northern Lights Boulevard, spoke against "snout" houses, or extended garages in
front of houses.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/l. CONDITIONAL BID AWARD — WWTP EXPANSION
Four bids were received for expanding the wastewater Treatment Plant. Staff is recommending
Council conditionally award the bid to COP Construction of Billings. The bids submitted are as
follows:
COP Construction, LLC Billings, MT
Williams Brothers Construction, LLC Billings, MT
Swank Enterprises Kalispell, MT
J.J. Henderson & Sons Gurnee, IL
$1812501000
$181807,361
$191200, 000
$20,70001
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Larson moved Council conditionally award the bid for expansion of the Kalispell WWTP to
COP Construction of Billings, Montana in the amount of $18,200,000, The motion was
seconded.
Hansz gave a staff report explaining that the expansion of the treatment plant was initially divided
into four phases, however, preliminary engineering for the project showed that the actual pace of
community growth has greatly exceeded original estimates. He said taping the rapid growth into
consideration, the plant design documents for the entire project were completed and bids were
requested. Hansz remarked that even though the bid amount exceeds the amount budgeted, staff is
confident that the project can be funded without changing the rates that were recommended inDo3.
Hafferman stated the current budget contains 12 million dollars for this project. He sad tonight the
Council is being asked to approve a conditional award in the amount of 18 million, plus a "bunch of
other stuff", for a total of 21.7 million dollars. He said the Council and the public only received one
page of explanation which is wholly inadequate to explain the discrepancy between 12 and 21
million dollars. Hafferman said he is not questioning the need for the project or the bid amount, but
he needs a lot more information before he will feel comfortable voting and suggested deferring the
bid award until sufficient information is provided.
Kluesner agreed, stating this is an enterprise fund, a business, and the City is going to put 18 million
dollars into this business. He said staff needs to provide a lot more information for the Council to
have a solid baseline on which to make a decision.
Hansz explained there are two major reasons for the cost differences; the increase in construction
costs and the increase in the capacity amount. He said the additional dollars will come from cash on
hand generated from the rates, impact fees, replacement funds, and a loan from the State Revolving
Fund at 3.75 % .
Hafferman reiterated the public still needs a written document explaining everything prior to the
public hearing for the budget amendment.
Olson said "we are going where we always planned on going; we're just going there quicker". He
said the only question the Council needs answered is whether the City can afford to go that fast?
Hansz responded the City's "financial house" is in order and the City's loan ratio is actually better
than most organizations for a project this size.
Saverud stated he recently spent several hours at the treatment plant and was very impressed with
what is being done and the efficiency of how it's being done. He asked for an explanation of a
"conditional award.'
Hansz explained that because the City is using State Revolving Loan funds, the Council is awarding
the bid on the condition that final authorization is given from the State to move ahead with the
proj ect.
Patrick added the other condition is the Council approving the budget amendment.
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Atkinson commented that we arrived at this point from years of planning and the staff has done an
excellent job on recommending the City slowly increase its rates to meet the growth. He also
complimented the Council for listening to the staff and making those adjustments.
Kluesner moved the bid award be tabled until May 7 to allow the public to receive more
information. The motion was seconded.
The motion to table failed upon vote with Hafferman and Kluesner voting in favor, Atkinson,
Larson, Olson, Saverud, and Mayor Kennedy voting against, and Gabriel and Kenyon absent.
Hafferman said it's inappropriate to vote on this conditional award prior to the public hearing.
Mayor Kennedy clarified the public hearing will be on the budget amendment, not the bid award.
The main motion carried upon vote with Atkinson, Larson, Olson, Saverud, and Mayor
Kennedy voting in favor, Hafferman and Kluesner voting against, and Gabriel and Kenyon
absent.
E12. RESOLUTION 5192 — RESOLUTION OF INTENT AND CALL FOR PUBLIC
HEARING- -- BUDGET AMENDMENT - WWTP EXPANSION
The total cost for the wastewater Treatment Plant expansion exceeds the amount that was budgeted.
Resolution 5192 sets a public hearing for May 7 to hear comments concerning the proposed budget
amendment.
Atkinson moved Resolution 5192, a resolution of intent calling for a public hearing to amend
the annual appropriations of the City of Kalispell, Montana, as set forth in the 2006-2007
budget adopted by the City Council. The motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent.
E/3. RESOLUTION 5193 —RESOLUTION OF INTENT AND CALL FOR PUBLIC
HEARING- --- BUDGET AMENDMENTS
A budget amendment is also required for year end adjustments in several departments. Resolution
5193 sets a public hearing on those amendments for May 7.
Larson moved Resolution 5192, a resolution of intent calling for a public hearing to amend the
annual appropriations of the City of Kalispell, Montana, as set forth in the 2006-2007 budget
adopted by the City Council. The motion was seconded.
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Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon vote with Gabriel and Kenyon absent.
E14. RESOLUTION 5194 — RESOLUTION OF INTENT AND CALL FOR PUBLIC
HEARING — PARKS AND RECREATION COMPREHENSIVE MASTER PLAN
This resolution schedules a public hearing for May 7 to hear comments concerning the
comprehensive master plan for the City's parks and recreation programs.
Atkinson moved Resolution 5194, a resolution of intent to adopt a comprehensive Master Plan
for Kalispell City Parks and Recreation, setting a public hearing and directing the city clerk to
provide notice therefore. The motion was seconded.
Patrick gave a staff report.
Atkinson encouraged the public to attend the hearing.
Hafferman commented he likes the plan, but Council needs to address the financing of improvements
separately and not as part of the master plan.
Hafferman moved to amend the 4th Whereas by adding the words, "except for Chapter 8,
financing and implementing improvements". There was no second.
There was no further discussion.
The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent.
E15. RESOLUTION 51.95 — PRELIMINARY PLAT THREE MILE VIEWS
SUBDIVISION
Richard Erickson is requesting preliminary plat approval to create an 18Wlot subdivision on
approximately three acres located within the Three Mile Subdivision.
Larson moved Resolution 5195, a resolution conditionally approving the preliminary plat of
Three Mile Views Subdivision, more particularly described as Lot 3 of Block 2 of the Amended
Subdivision Plat of Lots 1, 2 and 3 of Block and Lot 24 of Block 1 of Three Mile Subdivision,
located in the south half of Section 1, Township 28 North, Range 22 West„ P.M.M., Flathead
County, Montana. The motion was seconded.
Jentz gave a staff report and answered questions. He explained that the Planning Board imposed the
easement condition that Ervin referred to during public comment at Public Work's request. He stated
the applicants wanted the bike path and drainage easements to be incorporated into the existing lots,
however, planning staff felt they should be placed within a common area to provide for greater
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separation between the bike path and future houses and owned by the homeowners' association.
Jentz explained the Planning Board's other recommended amendments to Conditions # 4 and #7.
Mayor Kennedy expressed concern that Condition #6 does not specify the homeowners' association
is for the Three Mile Views subdivision only.
Atkinson moved the following amendments: in Condition #4 adding the words, "including the
placement of removable bollards for access along the 20 foot utility easement" in the last
sentence; in Condition #5 removing the words "and detention pond easement" in the first
sentence; in Condition #6 adding the words, `Three Mile Views" before the word subdivision,
and in Condition #7 adding the sentence, "Note: this will require improvements to the north
roadside ditch along Three Mile Drive'. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Gabriel and Kenyon absent.
Jentz answered additional questions.
The main motion as amended carried unanimously upon roll call vote with Gabriel and
Kenyon absent.
F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
Atkinson offered his condolences to the families and students at VA Tech.
Patrick reminded the public there are still board openings available.
Patrick thanked Terri Loudermilk and Beth Hegel for their work in coordinating the blood drive held
at City Hall.
G. ADJOURN
The meeting was adjourned at 5:52 p.m..
ATTEST:
Theresa White
City Clerk
Approved May 7, 2007
Pamela B. Kenn y
Mayor
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