04/01/96 City Council Minutes0R
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, APRIL 1, 19961 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, PAN KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN
NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Collins moved to approve the agenda.
The motion carried upon vote.
Approve Minutes -March 18. 1996
Haarr moved to approve the minutes.
The motion carried with a vote.
The motion was seconded.
The motion was seconded.
Approve Claims per Payables Register
Interim Manager Al Thelen requested the addition of a late arriving
claim for Pack & Co. in the amount of $84,387.60
Nystul moved to approve the claims with the addition. The motion
was seconded.
There was discussion.
Upon vote the motion carried.
ADDRESSING THE COUNCIL
Ballfields
Dan Johns, 216 N. Riding Road, encouraged the Council to pursue the
financing for the ballfield project.
ORDINANCES & RESOLUTIONS
Ordinance 1237-Collier Zone Change R-3 to B-3-1st Reading
A request by Gary Collier for a zone change from R-3,
(Residential), to B-3, (Community Business) was the subject of a
public hearing at the Planning Board on March 12, 1996. The
property is located on the north side of Washington Street between
lst Avenue West North and 2nd Avenue West North and is
approximately 14,000 square feet. A property owner in the area
expressed concerns about the access and property values. A letter
was received from the property owner to the east, whose property is
included, in favor of the zone change. Letters of opposition were
received from 2 other property owners concerned about parking and
sidewalks. The Planning Board adopted the findings of fact and
forwarded a favorable unanimous recommendation that the zone change
be approved.
Collins moved Ordinance 1237, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning property known as Lots 6 and 7,
Block 240 Kalispell Addition No. 6 located in Section 7, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana
(previously zoned R-3, Residential), B-3, Community Business, in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded.
The motion carried upon roll call vote with Granmo, Haarr, Kennedy,
Larson, Nystul, Atkinson, Collins, Donahue and Rauthe voting in
favor and no one voting against.
Resolution 4255-Trianale Development -Annexation and Zonina
A request by Triangle Development for annexation and a city zoning
designation of RA-3, (Residential/Apartment Office) was also
subject of a public hearing at the Planning Board on March 12,
1996.
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The property is located on the west side of Whitefish Stage Road,
approximately 800 feet south of West Evergreen Drive. The property
is currently zoned County RA-1, (Low Density Residential
Apartment). FRDO's evaluation resulted in a recommendation for a
more appropriate designation of R-5 (Residential/Professional
Office). Three residents were in favor of the proposal, which
included a representative for the applicant. Three residents were
opposed. The Planning Board forwarded a recommendation of R-5
(Residential/Professional Office), on a four/three vote in favor.
A public hearing on the preliminary plat is scheduled for April
15th and a request for approval.
Larson moved Resolution 4255, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, a tract of land described as assessor's
tract 1B located in Section 6, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, to be known as Triangle
Development Addition No. 271; to zone said property
Residential/Professional Office, R751 to amend the City Zoning Map
accordingly and to declare an effective date. The motion was
seconded. - -
There was discussion.
With a roll call vote the motion carried with Granmo, Haarr,
Kennedy, Larson, Nystul, Atkinson, Collins, Donahue and Rauthe
voting in favor and no one voting against.
g..-solution 4256-Intention to Create and Implement Kalispell City
&rRort Neighborhood Urban Renewal Plan
The passage of this resolution is the first step in a plan to
implement the Kalispell City Airport/Athletic Complex Redevelopment
Plan. The second step will be to submit the plan to the Planning
Board which will have 60 days to make a recommendation to the City
Council. The resolution calls for a public hearing on June 17,
1996.
Kennedy moved Resolution 4256, a resolution finding that an area of
blight exists within the area of the Kalispell City
Airport/Athletic Complex Redevelopment Plan Analysis and that
rehabilitation, redevelopment or a combination thereof, within such
area is necessary in the interest of the public health, safety,
morals or welfare of the residents of the City of Kalispell. The
motion was seconded.
There was discussion.
Grano moved to amend the motion to describe properties on the east
side opposite the current boundary. The motion was seconded.
There was more discussion.
With a vote the amendment carried unanimously.
The amended motion carried upon roll call vote with Granmo, Haarr,
Kennedy, Larson, Nystul, Atkinson, Collins, Donahue and Rauthe
voting in favor and no one voting against.
Resolution 4257-Change Order -South Woodland -Phase I
Consulting engineers on this project, Thomas, Dean & Hoskins have
requested this change order in the amount of $22,809.50. The
electric, telephone and television backbone system was not included
in the project bid. The engineer solicited bids based on estimated
quantities at unit prices. The difference between the accepted bid
of $22,809.50 and high bid was 15%. The power company requirement
that all electrical underground lines be placed in conduit, added
$7,700 in the contract and accounted for the major budget overage.
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Kennedy moved Resolution 4257, a resolution to alter and amend the
plans and specifications of contract with A-1 Paving on the
Woodland Court Project. The motion was seconded.
The motion carried with Granmo, Haarr, Kennedy, Larson, Nystul,
Atkinson, Collins, Donahue and Rauthe voting in favor and no one
voted against.
With a roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
Auditor Exit Conference
Rauthe reported Finance Director Robertson has scheduled an exit
conference with the auditors for Friday, April 12th at noon in the
conference room.
Take Back the Night
Kennedy reported the Violence Free Crisis Line will have the
Annual "Take Back the Night" march on Friday, April 12th at 6:45
p.m. at Depot Park.
Study Commission Public Hearing
The public hearing on the proposed charter before the Study Review
Commission will be on April 4, 1996 at 7:00 p.m.
Recycle Telephone Books
Nystul reported Flathead Industries is accepting old telephone
books for recycle.
BUSINESS FROM MANAGER
Conditional Use Permit -Hall
The Planning Board held a public hearing on March 12, 1996 on a
request by Dale Hall for a conditional use permit to allow the
construction of 3 additional dwellings on an existing four unit
apartment building resulting in a total of seven dwelling units in
an RA-1 (Low Density Residential Apartment) zone. The applicant
spoke in favor and no one spoke in opposition. The Planning Board
recommended approval with 8 conditions which included modifying
Condition 6 to state "Landscaping ... perimeter of the property, in
accordance with the Kalispell Zoning Ordinance". There was
consensus at the last work session to also modify Condition 2 to
reflect 2, of the 18 parking spaces shall be handicapped and marked
and signed as required.
Larson moved to approve the conditional use permit for Dale Hall
with conditions. The motion was seconded.
There was discussion.
With a votq the motion carried.
Frank's Place & Sunrise View-Preliminary Plats Extension Requests
Stokes & Associates, on behalf of Frank's Place Subdivision and
Sunrise View Subdivision, are requesting retroactive extensions in
order to complete the improvements and file final plats. Council
has previously indicated that future subdivision approval shall be
for 3 years. Frank's Place and Sunrise View were approved prior to
the recent action and were approved only for 1 year.
Frank's Place
Larson moved the Frank's Place subdivision be granted a retroactive
extension on the preliminary plat for a total of 3 years from the
original. The motion was seconded.
The motion carried with a vote.
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Sunrise View
Larson moved the Sunrise View subdivision be granted a retroactive
extension on the preliminary plat for a total of 3 years from the
original. The motion was seconded.
The motion carried with a vote.
Hockaday Center for the Arts Lease Agreement
This lease expired on March 31. The City Attorney updated the
insurance requirements and at Council direction prepared the
language in Condition 4 as follows: City's Contribution: The CITY
shall contribute the sum of $ , or such other greater sum as the
CITY may establish in its annual budget, for utilities and
operation expenses incurred by the Center. Council received a 5
year history of the utilities.
Kennedy moved Council authorize the interim city manager to enter
into this 5 year lease with the insertion in item #4 of the City's
contribution being $6,600. The motion was seconded.
There._was _discussion.
Grano moved to amend the motion to change the amount in paragraph
4 to $3,000. The motion was seconded.
Kennedy and Larson spoke against the amendment.
Donahue moved to table this matter to the next Council meeting so
to further discuss at the next work session. The motion was
seconded.
Upon vote the motion to table failed with Granmo, Donahue, Haarr
and Collins voting in favor and Nystul abstaining.
Collins spoke against the amendment.
There was more discussion.
Haarr and Donahue spoke in favor of the amendment.
The amendment failed with Grano, Donahue, Haarr and Nystul voting
in favor and Collins, Kennedy, Larson, Atkinson and Rauthe voting
against.
There was more discussion of the language.
Nystul moved to table the motion until the next Council meeting so
the City Attorney has the opportunity to include all of the
suggestions that Ms. Kennedy just made and the other points Council
has concurred upon. The motion was seconded.
The motion was tabled with Kennedy, Larson, Atkinson and Rauthe
voting against.
Montana Aeronautics Division Grant
The Montana Aeronautics Board has approved a grant in the amount of
$2,837.00 to pay } the cost of development of an airport layout
plan. The Pilot's Association has committed $1,500 and the City's
share is $1,342. The City's funds are available in the budget.
Kennedy moved to accept the Aeronautical Grant for engineering
services on the Airport Layout Plan and authorize city officials to
enter into the documents to accept the same. The motion was
seconded.
With a vote the motion carried.
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Peccia & Associates Contract for Airport Layout Plan
Two proposals were submitted for the preparation of the Airport
Layout Plan. Morrison-Maierle-$10,000, Peccia and Assoc.-$5,674.
Thelen recommended that the Peccia proposal be accepted and that
the mayor be authorized to sign the contract.
Larson moved that the Peccia proposal for the preparation of the
Airport Layout Plan be accepted and that the mayor be authorized
to sign the contract. The motion was seconded.
Upon vote the motion carried.
Authorize Sale of Water Revenue Bonds -Water System Improvements
At the last work session John Wilson submitted a memo requesting
the authorization for the sale of approximately $1,000,000 in water
revenue bonds to finance the following five water system
improvement projects:
1. North Side Water Well
2. 14th Street East Water Main Improvements
3. Liberty Street/Upper Service Zone South Loop
4. Two Mile Drive Water Main Improvements
5. South Woodland Drive Water Main Improvements
Nystul moved the staff be authorized to prepare RFPs for the
solicitation of proposals for our million dollar water revenue bond
issue. The motion was seconded.
With a vote the motion carried.
Authority to Reguest for Proposals -Engineering. Design and
Ins2ection Services -Water System Improvements
The Public Works Staff is requesting authorization to request for
proposals for the engineering, design and inspection services for
the following water system improvements:
1. Liberty Street/Upper Service Zone South Loop
2. Two Mile Drive Water Main Improvements
3. South Woodland Drive Water Main Improvements
Granmo moved authority be given to request RFPs for the water
system improvements for the engineering, design and inspection
services. The motion was seconded.
Upon vote the motion carried.
Authority to Bid -North Main/Lawrence Park ISTEA Trail
Parks Director Mike Baker requested authority to bid the North
Main/Lawrence Park ISTEA Trail. The trail will consist of
approximately 3,706 lineal feet of 8' wide asphalt.
Collins moved to authorize the bidding of the North Main/Lawrence
Park ISTEA Trail. The motion was seconded.
The motion carried with a vote.
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Fends & Associates
Thelen noted Peccia & Associates will have a presentation on the
Meridian Road design following this meeting.
He also noted time permitting, Council would review the time
schedules for the budget and the city manager selection.
STAFF REPORTS
Next Work Session April 8, 1996 7:00 p.m.
Next Regular Meeting April 15, 1996 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:40 p.m.
MW- D. Rauthe,
ATTEST:
Debbie
Clerk of .
Approved 4/15/96
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