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01a. Council Minutes - Regular Meeting - May 16, 1994652 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MAY 16, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS, CITY ATTORNEY GLEN NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -May 2, 1994 Approve Claims per Payables Register Moses moved to approve the consent agenda. The motion was seconded. With a vote the motion carried. PUBLIC HEARING Evergreen Annexation The City had originally scheduled a public hearing for this meeting to receive public comment and protest concerning the Evergreen Annexation. Because it was determined prior to the hearing that sufficient resident freeholder protest was made so as to halt the annexation, therefore, the hearing becomes unnecessary. In lieu of a hearing, City Attorney Neier suggested Council adopt a finding regarding the disapprovals made by the majority of the resident freeholder. City Attorney Neier's memo should be read into the record and passed upon by motion of Council. IN LIEU OF THE EVERGREEN ANNEXATION HEARING THE FOLLOWING SHOULD BE READ INTO MINUTES OF THE COUNCIL MEETING OF MAY 16, 1994: Collins moved to insert the following into the minutes: The motion was seconded. On the 4th day of April, 1994 the City Council of the City of Kalispell, pursuant to Title 7, Chapter 2, Part 43 Montana Code Annotated, passed Resolution No. 4147, entitled a RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF KALISPELL, COMPRISING THAT TERRITORY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND THEREBY MADE A PART HEREOF, TO BE DESIGNATED AS THE EVERGREEN ANNEXATION NO. 255, TO FIX A DATE OF A HEARING THEREON, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING. Due and proper notice of said Resolution was mailed to all owners and purchasers under contracts for deed of the property in the territory to be embraced to the addresses to which tax notices were sent for the year 1993, and published in the Daily Inter Lake, the newspaper nearest said territory, on the 17th and 24th day of April, 1994. 653 For a period of twenty days next succeeding the date of first publication the City Clerk of Council received expressions, in writing, of approval or disapproval of the annexation from the freeholders of said territory proposed to be embraced. The City Clerk of Council received eighty-one (81) notices of disapproval delivered to the City prior to the close of the protest period. The City Staff reviewed said notices of disapproval and found that three of the disapprovals, namely those filed by John Smithlin, 1282 Highway 2 East; Robert Cesnik, 14 River Road; and Donovan Bergeson, 126 East Cottonwood Drive, were submitted by resident freeholders within the territory proposed to be annexed. Said disapprovals constituted protests from the majority of the resident freeholders within the territory proposed to be annexed. Therefore, pursuant to Section 7-2-4314, MCA no further resolutions relating to the annexation of said territory or any portion thereof shall be considered or acted upon by the City Council of the City of Kalispell on its own initiative and without petition for a period of 1 year from the date of said disapproval. The motion carried with a vote. ADDRESSING THE COUNCIL Mike Kelly, Executive Director of Flathead Industries, spoke in favor of the proposed Zoning Ordinance Tax Amendment to allow Community Residential Facilities in the B-2 zone and the Conditional Use Permit. ORDINANCES & RESOLUTIONS Ordinance 1208-1st Reading -Zoning Ordinance Text Amendment -Medical Parking Standard Some time ago the City was approached by a group of physician developers who received a Conditional Use Permit from the City to build a medical clinic located in the H-1 zone. During the discussion phase of the CUP the applicants suggested that the City's parking standard for medical and dental offices particularly for those located in the H-1 zone might be excessive and asked that the City review the standard for possible down sizing. The City Planning Staff did research the issue to determine parking standards for this type facility in other Montana cities. They found that the City's standard of 1 space per 150 square feet of floor area was the highest standard among those surveyed. The average of those surveyed appears to be 1 per 200 square feet of floor area. The matter was referred to the Planning Board for hearing and recommendation. The change suggested by Staff is to' reduce the standard for medical and dental offices in the H-1 zone from 1 per 150 square feet to 1 per 200 square feet. 654 The standard of 1 per 150 square feet would remain for medical and dental offices outside the H-1 zone. The Planning Board voted in favor of recommending the text amendment to Council, and Staff concurred with this recommendation. Larson moved Ordinance 1208, an ordinance amending Section 27.26.050 (29), City of Kalispell Zoning Ordinance No. 1175. The. motion was seconded. Upon roll call vote the motion carried. Ordinance 1209-1st Reading -Zoning Ordinance Text Amendment -Allowing Community Residential Facilities in a B-2 Zone Flathead Industries has submitted a request to amend the Zoning Ordinance to allow Community Residential Facilities in a B-2 Zone. The General Business District does not currently permit Community Residential Facilities. The FRDO Staff report defines Community Residential Facility. The Planning Board considered the issue and recommends that the zoning ordinance be modified to include Community Residential Facility for eight or fewer persons as a conditionally permitted use. Kennedy moved Ordinance 1209, an ordinance amending Section 27.14.030, City of Kalispell Zoning Ordinance No. 1175 with Section I reading "Community Residential Facilities for eight or fewer persons as a conditionally permitted use". The motion was seconded. Atkinson spoke in favor of the motion. There was discussion. Kennedy and Haarr spoke in favor of the motion. The motion carried with a roll call vote with Granmo and Nystul voting against. Resolution 4151-Authorize Allocationof Funds for Airport Road Apartment Complex The purpose of this resolution is to authorize the budget appropriation for two housing grants the City recently received. The grants include the $247,500 CDBG and the $300,000 Montana Home Grant. The Fiscal 94 budget did not include a provision for these grants, therefore requiring the passage of this resolution. Larson moved Resolution 4151, a resolution authorizing the City of Kalispell to allocate funds received from Community Development Block Grant and Montana Home Grant to the appropriate program activities. The motion was seconded. The motion carried with a roll call vote. 655 BUSINESS FROM MAYOR & COUNCIL Proclamations Mayor Rauthe proclaimed the week of May 15-21, 1994 as National Public Works Week. He thanked Public Works Director Babb and his department for their good work. He also declared by proclamation May 27, 1994 as Howard Fryett Day. Community Assessment Committee Rauthe previously requested a council member serve on the Community Assessment Committee as he was unable to. Moses volunteered to serve on the committee. BUSINESS FROM MANAGER Courtyard Apartments -Conditional Use Permit The City of Kalispell has made application for a Conditional Use Permit to construct in partnership with Northwest Montana Human Resources a 32 unit apartment complex. The complex will be located on the west side of Airport Road approximately 600 feet south of 18th Street. The site is zoned RA-1 and contains about 2.25 acres. The CUP was the subject of a public hearing at the Planning Board with no one speaking in opposition. The Planning Board recommends the approval of the CUP with 8 specific conditions. The conditions are outlined in the CUP #KCU-94-05. Atkinson moved to approve the conditional use permit for the Courtyard Apartments with the 8 specific conditions. The motion was seconded. The motion carried with a vote. Flathead Industries -Conditional Use Permit Flathead Industries has applied to the City for a Conditional Use Permit to construct a community residential facility serving 8 people. The property is approximately 14,000 square feet in area, located on the east side of 4th Avenue West approximately 150 feet south of Center Street. The facility would be about 3,800 square feet in size. The Planning Board held a public hearing on the request and has recommended the approval of the CUP with 5 conditions. Kennedy moved approval of the conditional Industries for the Handicapped with conditions. The motion was seconded. There was discussion. Upon vote the motion carried. use permit for Flathead the recommended five ARE: Andrews -Conditional Use Permit Rolland Andrews has applied to the City for a Conditional Use Permit to use a home located on property located on the northwest corner of Woodland Avenue and 6th Street East as a Bed and Breakfast. The site is zoned R-3. The Planning Board held a public hearing on the request with no one speaking in opposition. The Planning Board recommends the approval of the CUP with 16 conditions. Collins moved to approve the conditional use permit with 16 conditions for the request by Rolland and Laurel Andrews for a Bed and Breakfast. The motion was seconded. Collins spoke in favor of the motion. The motion carried with a vote. Reimann-Conditional Use Permit Roger Reimann has applied to the City for a Conditional Use Permit to construct a six unit apartment complex located on the west side of College Avenue approximately 1,000 feet south of Conrad Drive. The Planning Board held a public hearing concerning this request and is recommending approval of the CUP with 9 conditions. Atkinson moved to approve the conditional use permit for Roger and Marjorie Reimann with the 9 conditions. The motion was seconded. There was discussion. With a vote the motion carried. Herron Development -Conditional Use Permit Herron Development has applied to the City for a Conditional Use Permit to construct a bulk fuel storage facility located on property on the west side of 5th Avenue West North, west of the Kalispell Center Mall. Access to the site would be from 5th Avenue West North and 6th Avenue West North. The site is zoned B-5 and contains approximately 3.5 acres. The Planning Board held a public hearing on the request with no one speaking in opposition. The Planning Board is recommending that Council approve the CUP with 9 conditions. Haarr moved to approve the conditional use permit for the Herron Development with the 9 conditions. The motion was seconded. The motion carried upon vote. Draft Letter -to Concerning Confederated Salish and Kootenai Tribes EPA Request A letter was drafted requesting on behalf of the City that EPA deny the Tribe's request for status as a state for Clean Water Standard purposes. TME Haarr moved to approve the letter regarding the request from the Lake County Commissioners to Bill Yellowtail, Senators Max Baucus and Conrad Burns and EPA Administrator Carol Browner. The motion was seconded. There was discussion. Granmo moved to amend the motion to strike the 3rd paragraph as presented. The motion was seconded. Kennedy spoke against the amendment and the original motion. Haarr spoke in favor of the amendment and the motion. The motion carried with Kennedy voting against. There was discussion. Haarr moved to amend the last paragraph to place a period after the work "Act" and delete the remainder. The motion was seconded. The motion carried with Atkinson and Kennedy voting against. With a vote the amended motion carried with Kennedy voting against. Bid Award Recommendations -Depot Park Restrooms Mike Baker submitted a memo outlining the results of the recent bid opening for restrooms at Depot Park. The memo indicates we had two bidders for the project. 1. Robert Ross $70,338 2. Native Way $60,169 The City has approximately $39,000 remaining in the budget for the restroom project. As discussed previously, the bids would probably. be considerably higher than budgeted, and therefore if the bids were in the neighborhood of $60,000, that some of the unallocated TIF money to supplement the budget would be used. Williams suggested awarding the restroom bid to Native Way in the amount of $60,169 and allocate the additional budget requirement of $22,000 from the unallocated TIF line item. Collins moved to award the bid for the Depot Park restrooms to Native Way in the amount of $60,169 and allocate the additional budget requirement of $22,000 from the unallocated TIF line item. The motion was seconded. There was discussion. The motion carried with a vote. Sykes Phase III Public Works Improvements Three bids were opened for the Phase III Sykes Project including the paving of a portion of 6th Avenue West North. The bid from Sandon Construction was rejected as it contained numerous irregularities. Pack & Co. $412,109.50 LHC Inc. $473,894.40 Williams and Staff recommended the bid be awarded to Pack & Co. in the amount of $412,109.50. Kennedy abstained from discussion and vote. Larson moved to award the bid to Pack & Co. in the amount of $412,109.50. The motion was seconded. Upon vote the motion carried. Airport Flight Schedule Williams reminded the Council of the airport survey on Saturday and the scheduled times. Council Meeting Videotaping Randy,Yearout, Human Resources, reported they will no longer be videotaping the Council meetings but TCI will start in the near future,,. Rauthe thanked Yearout, his predecessors and Northwest Montana Human Resources for being a great asset to the community and told him the program would be missed. City Attorney Evaluation Atkinson reported the evaluation for City Attorney Neier was performed on 4/25/94. Atkinson moved for the Council to increase the city attorney's salary by 4%, from $44,258 to $46,028 retroactive to 1/1/94. The motion was seconded. There was discussion. The motion carried upon vote. STAFF REPORTS Next Work Session 5/23/94 7:00 p.m. No Work Session 5/31/94 Next Regular Meeting 6/6/94 7:00 p.m. Kennedy will be out of town June 3-9th. 659 Collins Reception Rauthe reminded everyone of the reception on Thursday from 4-6 p.m. at Peterson School in honor of Cliff Collin's retirement. Violence Free Crisis Fundraiser Kennedy noted the Violence Free Crisis Line will be the benefactors of a Whitefish Theater Production of "Quilters" at 8 p.m. on Thursday and she is selling tickets. ADJOURN The meeting was adjourned at 9:00 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, Clerk of Council