01/21/92 City Council Minutes430
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. TUESDAY, JANUARY 21, 1992, IN THE COUNCIL CHAMBERS AT CITY
HALL. MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Claims per Payables Register
Approve Minutes -January 6, 1992
Atkinson moved the passage of the consent agenda. The motion was
seconded and carried with a vote.
ADDRESSING THE COUNCIL
Micro Business Finance Program
Traci Deglow, Northwest Montana Human Resources, made a
presentation on the new Micro -Business Finance Program for small
businesses. She passed out a summary of the program and a
summary of the cash match and the benefit to the community if the
City of Kalispell participated.
Mayor Rauthe stated this would be addressed at a future work
session.
PUBLIC HEARING
Goodman Zone Change
Proponents
Bill Goodman, 738 2nd Avenue East, spoke in favor of the proposed
zone change.
Opponents
The following residents spoke against the proposed zone change:
Joan Latimer, 635 Underhill Court
Susan Marquardt, 621 West Arizona
Ina Davis, 506 Arizona
Mrs. Bill Dye, 1060 Meridian
Warren Dobler, 609 West Arizona
Eva Bair, 533 West Arizona
Norma Little, 536 West Arizona
Dan Brown, 532 West Arizona
Rauthe closed the public hearing.
ORDINANCES & RESOLUTIONS
Ordinance 1172-O'Neil Zone Change -Second Reading
Larson moved Ordinance 1172, an ordinance to amend Section 5.01,
Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1110), by zoning Tract 3 of Section 17, Township
28 North, Range 21 West, Flathead County, Montana, (previously
zoned Residential Apartment, RA-1) General Business, B-2, in
accordance with the Kalispell City -County Master Plan, and to
provide an effective date. The motion was seconded.
With a roll call vote the motion carried unanimously.
Ordinance 1173-Goodman Zone Chance -First Reading
Williams. stated Lry. %rdinance wos.iti;l change the =jpvt�� of the
subject properly frm i.t.s pro -sent 111-3 to an Rig-1. Ga De -ember
10, 1991 the ilia-Liag, Commission was presented the FRDO staff
report on the Goodman request, which includes a positive
recommendation. A public hearing followed with several
neighbors speaking in opposition of the zone change. The
neighbors' concerns regarded the possibility of increased traffic
on West Arizona Street, they seemed to feel that, as a result of
the zone change, the City could open West Arizona Street to
Meridian Road.
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The City does not have any short or long range plans to extend
Arizona to Meridian nor does the city own any right of way. The
Planning Commission has recommended approval of this zone change
request.
David Greer, Flathead Regional Development Office, stated if the
zone change is granted, it does not necessarily mean that a
project that would follow would be approved. A Conditional Use
Permit would be required for a manufactured home park or a multi-
family if requested. It would go to the Planning Commission for
a public hearing and the final decision would be with the City
Council as to whether that Conditional Use Permit would be issued
or denied. If the applicant chooses to do condos, townhouses or
manufactured home park, Subdivision Review would also be
necessary and also the final decision would come from the City
Council.
The zoning is consistent with the Master Plan and the State does
require that FRDO evaluate 12 statutory criteria, which was done
and given the limited knowledge of what might be a future
project, FRDO felt most of the criteria was positive and the
recommendation was positive from the Planning Commission to the
City Council.
Kennedy moved Ordinance 1173, an ordinance to amend Section 5.01,
Official Zoning Map, City of Kalispell Zoning Ordinance
(Ordinance No. 1110), by zoning Assessor's Tracts 6BQ, 6BI, 6BH
and 6BG in Government Lot 1, Section 7, Township 28 North, Range
21 West (previously zoned Residential, R-3) Residential
Apartment, RA-1, in accordance with the Kalispell City -County
Master Plan, and to provide an effective date. The motion was
seconded.
Nystul asked Greer, "when we have the ordinance for a zone
change, the 12 criteria from the Supreme Court, which we are to
base our decision on, when we get into Conditional Uses, do we
have greater latitude to make the decision? For example, we have
substantial opposition from the neighbors, if a Conditional Use
Permit were proposed such as a higher density than duplex which
is a Permitted Use, does the opinion or concern of the neighbors
carry a greater weight in the decision for a Conditional Use than
it would in a zone change?"
Greer stated with a subdivision there are 8 criteria and one is
need and another is public opinion. Specifically in Subdivision
Review there is a heavy burden in terms of what the neighbors
think of it and they are notified. With a Conditional Use, it is
a public hearing and landowners within 150 feet are notified and
their input has great bearing on the outcome.
Collins spoke in opposition to the motion.
Greer stated a Neighborhood Plan is planned to begin for the area
in the spring but is not sure how long it will take to complete.
Atkinson and Larson spoke in favor of the motion.
After more discussion Kennedy called for the question.
Nystul spoke against the motion.
The motion carried with a roll call vote with Collins and Nystul
voting against.
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Resolution 4031-State of Montana/Federal Urban Aid Project
Kennedy moved Resolution 4031, a resolution adopting a
construction agreement known as Federal Aid Project Nos. HES 1-
2(53)121, HES 1-2(54)122, and HES 1-2(55)121 by and between the
State of Montana, acting by and through its Department of
Transportation, and the City of Kalispell, a Montana Municipal
Corporation, and authorizing the mayor to execute said agreement
on behalf of the City Council of the City of Kalispell. The
motion was seconded.
Upon roll call vote the motion carried.
Resolution 4032-Board of. Investment Loan Agreement
Larson moved Resolution 4032, a resolution authorizing
participation in the Board of Investments of the State of Montana
Annual Adjustable Rate Tender Option Municipal finance
Consolidation Act Bonds (Intercap Revolving Program), approving
the form and terms of the loan agreement and authorizing the
execution and delivery of documents related thereto. The motion
was seconded.
The motion carried upon roll call vote.
BUSINESS FROM MAYOR & COUNCIL
Parking Advisory Board Appointments
Mayor Rauthe recommended council approval of the appointments of
Dottie Maitland and John McMillen to the Parking Advisory Board.
Atkinson moved the appointments of Dottie Maitland and John
McMillen to the Parking Advisory Board. The motion was seconded.
The motion carried with a vote.
City/County Planning Board Appointment
Rauthe requested approval for the appointment of Jeff Ellingson
to the City/County Planning Board, Member at Large.
Kennedy moved the appointment of Jeff Ellingson to the
City/County Planning Board as Member at Large. The motion was
seconded.
With a vote the motion carried.
Centennial Grand Finale Dance
Moses publicly thanked Mayor Rauthe for all his leadership,
enthusiasm and work and all others who put in a lot of hours,
work and planning in the very successful dance and for the year
of Centennial events for the citizens of Kalispell.
BUSINESS FROM MANAGER
Revised Commercial Loan Agreement
This agreement makes available $100,000 TIF and $500,000 from
Norwest Bank to be loaned at an interest rate of 10.5%, loan
applicant rate of 3% with the interest subsidy being 7.5%. The
amended agreement increases the maximum loan amount from $25,000
to $40,000. The $100,000 TIF share of the program will now begin
accruing interest , previously the funds were held in a non -
interest bearing account. Williams recommended council authorize
him to execute the agreement with Norwest Bank.
Larson moved the city manager be authorized to execute said
revised Commercial Loan Agreement with Norwest Bank. The motion
was seconded.
With a vote the motion carried.
Burlington Northern Agreement
An element of the construction of 1st Avenue East through the
Tidyman's project requires the construction of a 60 foot railroad
crossing.
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It is Burlington Northern policy that the construction of such
crossings will be done by Burlington crews with the construction
material furnished by Burlington Northern. The design for this
crossing requires rubberized material and the installation of
proper crossing control devices. The agreement indicates the
cost of the improvements to be a lump sum of $105,000, plus
incidental cost associated with traffic control. As far as
maintenance the city must pay $100 per AAR unit per year. (AAR-
Association of American Railroads) This crossing will contain 46
of the AAR units. The city has been told by the railroad that
this agreement is non-negotiable. The State Transportation
Department and EDA indicate that it is ok to proceed with the
portion of the project even though it would be without proper
bidding. Williams requested authority to sign the agreement and
send the check for $105,000.
Kennedy moved the city manager be authorized to enter into an
agreement with Burlington Northern railroad for the construction
and maintenance. The motion was seconded.
Upon vote the motion carried.
Authority to Bid-Tidyman's Infrastructure
Williams requested authority to bid the Tidyman's infrastructure
project.
Buck moved the city manager be authorized to bid the Tidyman's
infrastructure. The motion was seconded.
This does not include the underground utilities.
Upon vote the motion carried.
Water Warehouse Electrical -Bid Award
Three bids were received for the water warehouse electrical.
1. Kalispell Electric $17,135.00
2. Powell Electric $14,986.00
3. Aero Electric $11,950.00
The Public Works staff is recommending the Aero Electric bid for
$11,950.00. Williams concurred with the recommendation.
Atkinson moved to authorize the city manager to enter into an
agreement with Aero Electric in amount of $11,950.00. The motion
was seconded.
The motion carried with a vote.
Police Officer Appointment
Williams reported Chief Clark recommends the appointment of John
Richard Parker as a patrol officer effective 2/2/92, replacing
the vacancy created by the upcoming retirement of Lt. Young. He
agreed with the recommendation.
Collins moved approval of the appointment of John Richard Parker
as police officer for the Kalispell Police Department. The
motion was seconded.
The motion carried with a vote.
STAFF REPORTS
Goal Setting Work Shop 1/25/92-Council Chambers 8 a.m.
Next Council Meeting 2/3/92 7:00 p.m.
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ADJOURN
The meeting was adjourned at 8:30 p.m.
Douglad D. Rauthe, Mayor
ATTEST:
Amy H Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved 2/3/92