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06/17/93 City Council Minutes0571 571 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 21, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMEMBERS ATKINSON, GRANMO, MOSES, BUCK, LARSON, KENNEDY, NYSTUL, COLLINS AND CITY MANAGER WILLIAMS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -June 7, 1993 Approve Claims per Payables Register Buck moved to approve the consent agenda. The motion was seconded. Nystul noted a claim had been deleted that had already been paid. The motion carried with a vote. ADDRESSING THE COUNCIL No one addressed the council. ORDINANCES & RESOLUTIONS Ordinance-1196-No Truck Traffic -Certain Streets-2nd Reading Collins moved Ordinance 1196, an ordinance to amend Section 17- 48.2, Kalispell City Code (Ordinances No.s 741 and 907) to prohibit truck traffic on certain streets within the City of Kalispell; and to provide an effective date. The motion was seconded. The motion carried with a roll call vote. Resolution 4101-Close Out Inactive SID Funds to Revolving Fund Moses moved Resolution 4101, a resolution authorizing the Finance Director to close out the inactive Special Improvement District Funds to the SID Revolving Fund. The motion was seconded. Upon roll call vote the motion carried. Resolution 4102-Close Out Inactive Special Revenue Fund to Tax Increment Fund Larson moved Resolution 4102, a resolution authorizing the Finance Director to close out the inactive Special Revenue Fund 2965 to the Tax Increment Fund. The motion was seconded. With a roll call vote the motion carried. Resolution 4103-Intent to Create Special Parking Maintenance District No. 2 Moses moved Resolution 4103, a resolution of intention to create Special Parking Maintenance District No. 2. The motion was seconded. The motion carried upon roll call vote. Resolution 4104-Intent to Provide Funding of Maintenance for Special Parking District No. 2 Buck moved Resolution 4104, a resolution of intention to provide for the funding of the cost of maintaining, operating, repairing, and improving Special Parking Maintenance District No. 2; providing for a maximum estimate of total expenses connected therewith which must be collected by ad valorem taxes; to provide for a protest period; and to set a date for a public hearing for the passing on protests and provide a date for the fixing, levying and assessing of the amount to be raised by ad valorem taxes upon all the property within Special Parking District No. 2. The motion was seconded. Ed Trippet, 445 Main, requested copies of the three resolutions concerning the proposed parking district. 07 572 The motion carried with a roll call vote. Resolution 4105-Declaring Need for Parking Commission Moses moved Resolution 4105, a resolution declaring a need for a Parking Commission to function An the City of Kalispell, Montana, and declaring a jurisdictional area wherein said Parking Commission is authorized to function. The motion was seconded. There was discussion. Upon roll call vote the motion carried. Resolution 4106-Gilbertson Addition -Preliminary Plat Larson moved Resolution 4106, a resolution conditionally approving the Preliminary Plat of the subdivision of resubdivision of Lot A of the resubdivision of Block 12, High School Addition in Government Lot 3, Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. The motion carried with a roll call vote. BUSINESS FROM MAYOR & COUNCIL Proclamation Mayor Rauthe proclaimed June 20-June 26, 1993 as DADS' Week. BUSINESS FROM MANAGER Northwest Health Care -Conditional Use Permit Northwest Health Care (KRH) has made an application for a CUP to construct a storage building on property located in a parking lot south of the hospital. The City -County Planning Board and Zoning Commission recommended approval of CUP subject to two conditions. Williams recommended that the CUP be granted. Kennedy moved to approve the Conditional Use Permit with the two attachments for Northwest Health Care. The motion was seconded. There was discussion. Kennedy spoke in favor of the motion. With a vote the motion carried with Nystul voting against. Developers Diversified Clinic -Conditional Use Permit Developers Diversified and Dr. Wilson Higgs have made an application for a CUP to construct a two-story (12,000 sq. ft. main floor and 4,600 sq. ft. second floor) medical clinic at US #93 and Sunnyview Lane. The City -County Planning Board recommended approval of the CUP with 12 conditions. Eventual development of the entire parcel will include a right-of-way extension for an intersection with US #93 and Meridian Road as well as an abandonment of a 60' water line easement which bisects the property. Williams recommended that the CUP be granted subject to the conditions. Collins moved to approve the Conditional Use Permit for the application made by Dr. Higgs to construct a two-story (12,000 sq. ft. main floor and 4,600 sq. ft. second floor) medical clinic at US #93 and Sunnyview Lane. The motion was seconded. Kennedy spoke in favor of the motion. Dr. Carl Oehrtman, one of the partners involved in the project, spoke in favor of a sidewalk but would also like to see sidewalks go in as a unit throughout the entire development area when Windward Way is expanded and improved. Granmo spoke in favor of the concept. There was discussion. 573 Nystul moved to amend the motion by inserting a substitution of Condition #8 to "the developers will guarantee the installation of a sidewalk subject to the Director of Public Works approval at such time as the Sidewalk System for the neighborhood shall be completed in design". The motion was seconded. There was more discussion. Nystul amended the amendment to read "such construction to commence no later than the acquisition of the right of way for the south street extension". There was no second. Nystul amended the amendment to read "the sidewalks to take place no later than the construction of the alignment of the extension of Meridian Road". The motion was seconded. For clarification the amendment is that the developers will guarantee the construction of a sidewalk subject to the approval of the Public Works Director at such time as the alignment of the extension of Meridian Road is constructed. The amendment carried with a vote. The amended motion carried upon vote. Northridge Lutheran Church Expansion -Conditional Use Permit Northridge Lutheran Church has made an application for a CUP to expand the Church located at 323 Northridge Drive. The expansion will accommodate additional space for the Sunday School and adult education. The expansion will almost double the size of the structure. The City -County Planning Board and Zoning Commission recommended approval of the CUP subject to three conditions. One of the conditions requires the paving of the parking lot and access roads which previously have created some problems in the neighborhood. Williams recommended that the CUP be granted subject to the conditions contained in the Grant of Conditional Use. Kennedy moved the conditional use permit for Northridge Lutheran Church be approved. The motion was seconded. Kennedy and Larson noted their membership in the church but did not feel it was a conflict of interest. The motion carried with a vote. Lilienthal Apartments -Conditional Use Permit Robert C. Lilienthal has made an application for a CUP to build three 4-plex apartments on property located in Brown's Addition on Airport Road. The City -County Planning Board and Zoning Commission recommended approval of the CUP subject to 12 conditions, contained in the Grant of Conditional Use. Compliance with all conditions may result in a reduction in density. Williams recommended that the CUP be approved subject to the conditions set forth in the Grant of Conditional Use. Atkinson moved to approve the conditional use permit for the Lilienthal apartments with the 12 conditions. The motion was seconded. There was discussion. Upon vote the motion carried. Juniper Bend Phase II -Final Plat -Phase II Juniper Bend Phase II of Juniper Bend involves Final Plat approval of five 2 unit townhouses on property located East of Grandview Drive. The Preliminary Plat Approval of Juniper Bend contained 17 conditions. The report issued by FRDO indicates substantial compliance with the Preliminary Plat Approval and recommends Final Plat Approval. , 15- 7 4 574 One comment in the FRDO report indicates a desire by the Developer to submit a letter of credit on Monday, the 21st of June. The Final Plat will not be signed for filing unless and until a letter of credit in the appropriate amount is received by the City approved by the City Attorney. Collins moved to approve the final plat of Phase II of Juniper Bend. The motion was seconded. With a vote the motion carried. Kalispell Market Place Phase I -Final Plat Warehouse Industries, Inc. has made an application for Final Plat Approval on a portion of the Kalispell Market Place Project. The Preliminary Plat proposed a five lot subdivision and the approval contained four conditions. Warehouse's Final Plat creates only three lots (Phase I) and FRDO recommends that the subdivision be approved, as complying with the conditions. Atkinson moved to approve the final plat of Kalispell Market Place Phase I. The motion was seconded. Upon vote the motion carried. Ambulance Write -Offs At the Work Session of July 14th, 1993 the Finance Director submitted a list of ambulance write-offs totalling $33,047.14. Writing off ambulance accounts is a necessary bookkeeping procedure. Although many of the accounts are uncollectible, (Medicaid, Deceased/No Estate, Indigent) the Finance Director continues to attempt collection on some accounts through a collection agency. Kennedy moved approval of the ambulance write-offs from 6/92 to 5/93 in the amount of $33,047.14. The motion was seconded. The motion carried with a vote. Bid Awards -Street Materials Bids were opened 6/18/93 for the 1993 Construction Materials as follows: Material Company Unit Amount A. C. Hot Mix A-1 Paving ton $18.25 NuPac $19.00 Cold Mix A-1 Paving ton $80.00 Sand L.H.C., Inc. ton $ 3.40 L & M Trucking $ 2.60 Pea Gravel L.H.C., Inc. ton $ 3.20 NuPac $ 5.00 3/4' Crushed L.H.C. Inc. ton $ 3.20 L & M Trucking $ 4.80 A-1 Paving $ 4.40 NuPac $ 5.00 3" Crushed L.H.C., Inc. ton $ 2.45 A-1 Paving $ 3.00 6" Pit Run L.H.C., Inc. ton $ 1.20 L & M Trucking $ 1.20 A-1 Paving $ 1.50 NuPac $ 2.50 0 5 7t 575 Williams and the Public Works Department recommended the following bid awards: Material A.C. Hot Mix Cold Mix Sand Pea Gravel 3/4" Crushed 3" Crushed 6" Pit Run 6" Pit Run Company Unit Amount A-1 Paving. ton $18.25 A-1 Paving ton $80.00 L & M Trucking ton $ 2.60 L.H.C., Inc. ton $ 3.20 L.H.C., Inc. ton $ 3.20 L.H.C., Inc. ton $ 2.45 L.H.C., Inc. ton $ 1.20 L & M Trucking ton $ 1.20 Kennedy abstained from discussion and vote. Collins moved approval of 1993 construction material purchase recommendations from Public Works Director Babb and City Manager Williams. The motion was seconded. The motion carried with a vote. Curb & Sidewalk Bids were received from Marriott Concrete and Sandon Construction. The bid represents fifteen individual items. Given the various combinations possible for an individual project, either of the contractor's prices could be low on one project and high on the next. In order to be fair to the contractors and the property owners, the Public Works Department recommends the City enter into contract with both Marriott and Sandon. Collins moved approval of the bids for the curbing and sidewalk ending 4/30/94 according to the recommendation from Public Works Director Babb, to enter into a contract with both Marriott and Sandon. The motion was seconded. The motion carried with a vote. CRSS-Meridian Bypass Recommendation Williams read the "Draft" letter written to CRSS expressing the Council's concerns with the recommendation of CRSS to utilize Meridian Road as a bypass. Pending Council changes the draft should be approved by the Council, and mailed to CRSS. After discussion several changes were made to the letter. Granmo spoke against the letter. Atkinson moved the city manager be directed to send this letter to Joe Hart as revised. The motion was seconded. Collins spoke in favor of the motion. Upon vote the motion carried with Granmo voting against. Building Inspector Position Williams noted Richard Fura had been hired for the Building Inspector position. Fire Department Confirmation Williams reported Craig Fischer has completed his probationary period and requested confirmation. Atkinson moved to confirm Craig Fischer as fire fighter to the Kalispell Fire Department. The motion was seconded. With a vote the motion carried unanimously. 0576 576 STAFF REPORTS Flathead Building Association Rauthe noted an invitation was received from the Flathead Building Association to participate in a brain storming work shop for "One Stop Shopping" concept for countywide building permits. It will be held Monday 7/28/93 from 1-4 p.m. Budget Work Session following this meeting. Next Work Session 6/28/93 7:00 p.m. Next Regular Meeting 7/6/93 7:00 p.m. ADJOURN The meeting was adjourned at 8:35 p.m. Douglaq D. Rauthe, Mayor ATTEST: Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 7/6/93