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10/05/92 City Council Minutes(15 ON) 500 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 5, 1992, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMAN BUCK WAS ABSENT AND ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance.. CONSENT AGENDA Approve Minutes -September 21, 1992 Approve Claims per Payables Register Atkinson moved the passage of the consent agenda. The motion was seconded and carried with a vote. ADDRESSING THE COUNCIL Boy Scouts Richard Burningham, 202 Park Drive, representing the Boy Scouts of the Northwest District, introduced Roy Duper, top popcorn salesman in Montana out of 4,700 boys. Mayor Rauthe presented Roy with a $1,000 savings bond from Trails End Popcorn Company and he was applauded by everyone present. R'authe read the proclamation which proclaims 10/9-10/25/92 as Boy Scout Popcorn Sales Days. Telephone Rate Case Issue Jim Stack, representing the Whitefish Chamber of Commerce, Whitefish Community Development Corporation and Flathead Planning Committee addressed the PTI telephone rate case issue. He explained the 3 option structure proposed by the Telephone Company. He then explained the alternate proposal presented by the Whitefish Chamber. He requested the Council issue a formal letter of support for the Whitefish Chamber proposal and to have the Mayor or Council representative attend the public hearing next week held by the Public Service Commission. It was agreed to discuss this issue under the Business from the Council portion of this meeting. Meridian Pointe The following individuals expressed their concerns of the proposed 64 unit apartment complex known as Meridian Pointe. The concerns were of increased traffic, crosswalks, drainage problems, safety and fire access. Susan Marquardt, West Arizona Jerry Robbins, 637 Underhill Court Barbara Dye, 1060 North Meridian Jan Phillips, 106 Liberty St. Joan iat.imer, 625 Underhill Court Andy Young, Russell School Principal Bob Putnam, 1080 North Meridian Dan and Marsha Brown, 532 West Arizona Carol Bergstrom, partner of the Meridian Pointe project spoke to the concerns of the citizens and felt they were all in the process of or will be addressed by the conditions of the Conditional Use Permit. She also explained the Program under which the development will be built. Birchwood Apartments Bob Hafferman, engineer, spoke to the 3 conditions imposed by the Planning Board which he felt would drastically effect this project. The items are 3,4 & 5. 1 0501 501 He would like #3 to read "the developer is to work with the DPW for extension of the existing water and sewer lines in accordance with the city adopted standards and general provisions for design and construction with particular reference to DC-01, DC-02 and DC-03". He would like #4 to read "18th St. shall be repaired at least to its present condition as per the county requirements and that the developer shall waive the right of protest of an SID for improvement of this street in accordance with the city standards and general provisions for design and construction if an SID is initiated". As far as #5, he stated the developers are more than willing to enter into their fair share of the cost of the improvement of 5th Avenue East. Bill Schottelkorb, Birchwood applicant, referred to the blue stream drawn on the map, in the middle of the project. He said due to the fact at times there may be 6 inches of water standing, this area will be mostly grass with gravel underneath. The water will be under the grass in the gravel receptacle area. ORDINANCES 6 RESOLUTIONS Ordinance 1179-Salary-1st Reading Moses moved Ordinance 1179, an ordinance amending Ordinance No. 1178, fixing the limits of the salary and compensation of the City Officials, Supervisors, and Employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., beginning July 1, 1992; repealing all other ordinances in conflict therewith. The motion was seconded. The purpose of this ordinance is to amend the Salary Ordinance to include the authorized change for the City Manager's annual salary recently approved by the City Council. Upon roll call vote the motion carried with Granmo, Nystul and Collins voting against. Resolution 4079-Land and Water Conservation Grant Moses moved Resolution 4079, a resolution authorizing application for Land and Water Conservation Fund Assistance. The motion was seconded. The purpose of this resolution is to authorize the application for a $100,000 grant from the State's Land and Water Conservation Program to be used for improvements to Lawrence Park. The motion carried with a roll call vote. Resolution 4080-Marketplace Subdivision -Preliminary Plat Collins moved Resolution 4080, a resolution conditionally approving the Preliminary Plat of the Subdivision of the amended plat of the amended plat of Lots 4, 5, and 6, Block 24, Block 23, and portions of the east 1/2, SE 1/4, Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. This resolution conditionally approves the preliminary plat of the Kalispell Market Place Subdivision. This project is a Slot Commercial Subdivision. The property is bounded by 3rd Avenue East to the east, East Montana Street to the north, the centerline of the Burlington Northern Railroad easement to the south and Main Street to the west. The resolution includes the conditions identified in the FRDO Report dated September 25, 1992. These conditions include: 1) Elimination of the lot line between proposed Lot #4 and Lot #5 thereby creating a total of 4 lots within the subdivision. 0509 502 2) Eliminate "designated access points" from the face of the plat. 3) Initiate a zone change to provide a single designation of B- 4 for the entire site. 4) Include on the face of the Final Plat all easements, including pedestrian and vehicular access, utility, construction parking, railroad and self help easement. 5) Provide to the City a final draft of the declaration of reciprocal easements and the conditions, covenants and restrictions for review and approval prior to application for. Final Plat. There was discussion. Nystul moved to amend the resolution by deleting paragraph 1 under Sub Section I on page 4. The motion was seconded. Atkinson spoke in favor of the amendment. Upon vote the amendment carried with Moses voting against. With a roll call vote the amended motion carried. BUSINESS FROM MAYOR & COUNCIL Proclamations Disability Employment Awareness Month Mayor Rauthe proclaimed October as Disability Employment Awareness Month. National Businesswomens Week Rauthe also proclaimed the week of October 5 as National Businesswomen's Week. PTI Rate Case Proposal Telephone Rate Case Issue Mayor Rauthe explained the Council is being asked to endorse a letter supporting the focus of the Whitefish Chamber of Commerce's proposal and to have the option as described by Mr. Stack earlier in the meeting for the citizens of the entire Flathead Valley. Nystul moved the mayor be authorized and directed to draft a letter in support of the Whitefish Chamber of Commerce and their concept of a unified dialing area for the Flathead Valley and present this at the public hearing scheduled by the Public Service Commission in Kalispell on the 15th of October. The motion was seconded. Granmo moved to amend the motion to include that this proposal will not harm the private home rate payer. The motion was seconded. With a vote the amendment carried. Upon vote the amended motion carried. BUSINESS FROM MANAGER Meridian Pointe -Conditional Use Permit Williams explained Carol Bergstrom and Bill Goodman have applied for a Conditional Use Permit to construct a 64 unit apartment complex at 1055 North Meridian Road. The Planning Board did adopt the FRDO Staff report as findings of fact, and recommended approval of the CUP with modifications to Condition #5 (parking) id Condition #7 (landscape/buffer plan). The Board also added )ndition #9 (traffic engineer) and Condition #10 (right of way). Llliams and Staff concur with the Planning Board's commendation and requests Council approve this CUP request. 1 050 503 Brian Wood, FRDO Senior Planner explained the reasoning for many of the conditions. Williams also explained several issues of concerns. There was discussion. City Attorney Neier explained the Conditional Use Permit may only be granted if a proposal as it is submitted conforms to all the conditions. The only way a Conditional Use Permit can be denied is if one of the conditions cannot be met. Collins spoke against the proposed Conditional Use Permit. After more discussion Williams recommended that council grant the Conditional Use Permit. Atkinson spoke in favor of the proposal. Kennedy spoke in favor of this development and Conditional Use Permit and she moved the council grant the Conditional Use Permit for the Goodman/Bergstrom development at 1055 North Meridian. The motion was seconded. There was more discussion concerning safety, traffic and neighborhood plan issues. Nystul spoke against the motion. After more discussion Nystul moved to table the motion until the next regular council meeting in order that more input may be received on the safety issue. The motion was seconded. Kennedy and Larson spoke against the motion to table. With a vote the motion failed with Nystul and Collins voting in favor. The original motion carried upon vote with Nystul and Collins voting against. Mayor Rauthe called a recess at 9:25 and the meeting resumed at 9:35 p.m. Birchwood Aaartments-Conditional Use Permit Williams explained Ivan and Marion O'Neil have applied for a Conditional Use Permit to construct seven 5-plex apartment buildings (35 total units) on 4 acres of land located at 1702 5th Avenue East. The Planning Board did adopt the FRDO Staff Report as findings and recommended approval of the Conditional Use Permit with modifications to Conditions 4 and 5 waiving curb, gutter and sidewalk right -of way based on the applicant's submission of a letter waiving protest to an SID. Condition 9 was modified to allow for phasing of the landscaping. Williams and Staff concur with the Planning Board and request Council's favorable consideration of the CUP. Hafferman objected to several conditions pertaining to CUP. Cliff moved for Council approval for a Conditional Use Permit for Ivan and Marion O'Neil to construct seven 5-plex apartment buildings on 4 acres of land located at 1702 5th Avenue East. The motion was seconded. Nystul moved to amend condition #4, to delete in its entirely and inserting therein, "that the developer waive the right to protest of the creation of a special improvement district for the pavement, curbs, gutters and sidewalks of 18th Street". The motion was seconded. 0504 0 504 Nystul and Larson spoke in favor of the amendment. Public Works director Babb gave explanations and answered questions regarding the proposed amendment. There was discussion involving O'Neil, Hafferman, Babb and the Council. After more discussion it was agreed to change the wording so to read as follows: Nystul moved to amend condition #4 to delete it in its entirety and inserting "therein that 18th Street be reconstructed to City standards, design and construction and the developer waive the right to protest the creation of a special improvement district for the cost of that or such other arrangements as can be agreed upon between the developer and the City". The motion was seconded. The amendment carried with a vote. After more discussion Nystul moved to amend Condition 3 to extend water and sewer according to the City standards. The motion was seconded. There was lengthy discussion concerning the water and sewer service. Atkinson spoke against the motion. Upon vote the amendment failed due to a tie vote with Nystul, Collins, Larson and Granmo voting in favor. Larson moved to amend Condition #5 to read "that the developer agrees to waiver of protest for a special improvement district and to return the street to the condition it was in before whatever repairs or installations were necessary on 5th Avenue East." The motion was seconded. Atkinson, Kennedy and Moses spoke against the motion. The amendment carried with a vote with Collins voting against. Nystul called for the question. The Conditional Use Permit with the two amendments carried with a vote. Change Order Wastewater Treatment Plant Williams explained the summary of Changer Order Number 3 from J.T. Jones. The change order includes 15 specific items amounting to an increase in contract price of $41,121. Carver Engineering and Staff have reviewed the change order request and have found it to be reasonable and in order. Williams recommended that Council approve the $41,121 request. Atkinson moved the approval of the change order. The motion was seconded. Upon vote the motion carried. Sludge Disposal Agreement The proposed agreement with Flathead County will allow the City to dispose of its dewatered sludges at the County landfill beginning November 1992 and through April 30, 1993. The agreement establishes a tipping fee of $17.50 for each wet ton of sludge for the first 500 tons. 0505. 505 After the first 500 tons the City and County would agree to renegotiate the charge for disposal based on the actual cost of disposing of the sludge by the landfill personnel and equipment. This arrangement is interim until such time as the City can begin hauling sludges to the American Timber composting facility at Olney sometime prior to April of 1993. A contract with American Timber is presently being prepared for Council consideration. Williams requested authorization to enter into the agreement with Flathead County. Moses moved to authorize staff to enter into an agreement with Flathead County for the disposal of the sludge. The motion was seconded. Upon vote the motion carried. Bid Openings: Fire Hydrants Two bids were received and opened on this date for fire hydrants. Western Utilities Supply Company $16,621.41 Northwest Pipe Fittings, Inc. $17,069.96 Williams recommended the bid be awarded to Western Utilities in the amount of $16,421.46. Atkinson moved the Council award the bid for the fire hydrants to Western Utilities Supply Company for the amount of $16,621.46. The motion was seconded. With a vote the motion carried. Mini Extended Cargo Van One bid was received and opened for the mini extended Cargo Van from DePratu Ford in Whitefish in the amount of $14,807.00. Williams recommended this award. Atkinson moved to authorize the bid award to DePratu Ford in the amount of $14,807.00. The motion carried upon vote. Compact Extended Cab Truck The City received 1 bid and it was opened on this date for the Compact Extended Cab Truck. The budget for this item is $9,000. The bid proposal from DePratu was for the amount of $12,185.00. Williams recommended rejecting the bid and going to the market place and purchasing a similar truck for $9,684.00 from DePratu Ford. The truck is not an extended cab. Collins moved to reject the bid and purchase a truck that is not extended from DePratu Ford in the amount of $9,684.00. The motion was seconded. With a vote the motion carried. 0 5 0 f> 506 STAFF REPORTS Next Work Session 10/13/92 7:00 p.m. Next Regular Meeting 10/19/92 7:00 p.m. ADJOURN The meeting was adjourned at 11:07 p.m. (�} O� DouglasVD. Rauthe, Mayor ATTEST: A -my H. obertson, Finance Director Debbie Gifford, Clerk of Council Approved 11/2/92 1 1