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1. Council Minutes - Regular Meeting - July 5, 1994rW A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, JULY 5, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS 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. COUNCILMAN JIM ATKINSON WAS ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -June 20, 1994 Approve Claims per Payables Register Moses moved to approve the consent agenda. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL No one addressed the Council. ORDINANCES & RESOLUTIONS Ordinance 1210-2nd Reading -Stop Signs The purpose of this ordinance is to approve the placement of stop signs at 11 different intersections around the community and further establishes the penalty for violation of the ordinance. Collins moved Ordinance 1210, an ordinance approving the placement of stop signs at various locations, establishing a penalty, and declaring an effective date. The motion was seconded. Nystul moved to amend the motion to delete the stop signs north and south bound at 3rd Avenue 'East and 18th Street. The motion was seconded. / Granmo 1poke in favor of the amendment. Larson, Rauthe and Poke against the amendment. There was discussion. Upon vote the motion died due to a tie vote with Kennedy, Rauthe, Moses and Larson voting against. With a roll call vote the motion carried. Resolution 4156-Authorize Construction Loan -Courtyard Apartments The Courtyard Apartments financing package includes a $271,000 Montana Board of Housing Mortgage. Because the project is now under construction interim financing is needed to cover the amount of the mortgage in the form of a construction loan. This resolution authorizes Glacier Bank to open a construction loan account in the amount of $271,000 which will be paid off with the Montana Board of Housing loan. Kennedy moved Resolution 4156, a resolution authorizing an application to Glacier Bank for a construction loan to construct the Courtyard Apartment Complex. The motion was seconded. Upon roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL Proclamation Mayor Rauthe proclaimed July 7-12th as Wilma Pattison Mulligan Week. Parking Commission Appointment Rauthe reported he received a letter of resignation from Dick Vollstedt from the Parking Commission. He recommended Marlyn "Huz" Jensen to fill the vacancy with the term expiring in January 1998. He thanked Vollstedt for serving on the Commission. Haarr moved to appoint Marlyn "Huz" Jensen to the Parking Commission. The motion was seconded. The motion carried with a vote. Special Budget Work Sessions After discussion it was agreed to meet Wednesday, July 20th and tentatively, Tuesday, July 26th for extra budget work sessions at 7:00 p.m. Building Code Jurisdiction Nystul stated the citizens of the County have indicated that they wish to vote in August on the issue of the Building Code jurisdiction, it seems only appropriate that the City Council give some indication of what their position might be should the County not have building code jurisdiction. Nystul moved the Council express an opinion that Council would consider the extension of the City's Building Code jurisdiction to the 4 1/2 mile limit should the County not have code enforcement within that area. The motion was seconded. There was discussion. Haarr spoke in favor of the motion. With a vote the motion carried unanimously. ..: EIS Draft Kennedy noted the EIS final draft is available for review and comments until August 8th. BUSINESS FROM MANAGER Sloan -Conditional Use Permit Stephen and Cheri Sloan have applied for a conditional use permit to allow the construction of a two story six unit apartment building on Lot 2 of the Liberty Village subdivision. The site is properly zoned RA-1. The subject CUP did receive benefit of a public hearing at the Planning Board. The Planning Board recommends granting the CUP with 8 conditions. Larson moved to grant the Sloan Conditional Use Permit with the 8 conditions. The motion was seconded. With a vote the motion carried. Chowning-Conditional Use Permit Richard and Jacqueline Chowning have applied for a conditional use permit to construct two one story duplex buildings on Lot 1 of the Liberty Village subdivision. The site is properly zoned RA-1. The Planning Board held a public hearing regarding the request with no proponents or opponents. The Board recommends the approval of the CUP with 7 conditions. Haarr moved to approve the Chowning Conditional Use Permit to include the 7 conditions. The motion was seconded. The motion carried upon vote. TCI Cablevision-Conditional Use Permit TCI has applied for a conditional use permit to allow for the installation of an 80 foot antenna ancillary to their existing office. The existing 80 foot wooden antenna would be removed and the metal antenna would be constructed slightly north of the existing antenna. The Planning Board held a public hearing on the matter with the applicant speaking in favor and no one opposed. The Planning Board recommends the CUP request with 5 conditions. At the work session of last week Council agreed that condition one (1) should be modified to read "The antenna shall not exceed 80 feet in height. The old antenna shall be removed concurrent with the erection and operation of the new antenna". Larson moved to approve the Conditional Use Permit for TCI Cablevision including the 5 conditions. The motion was seconded. With a vote the motion carried. & Tennis Courts Parks Director Mike Baker had additional information concerning tennis court maintenance and general fiscal information related to what one might expect in revenue from a major tennis tournament. Correspondence was also received from FVCC and the Tennis Association. It appears that the City still has two unresolved issues related to the tennis court issue, location and the number of courts to be constructed. Some correlation is that the number of sites being considered seems to have been narrowed from the original three to two. Sites being considered include the college site and the junior high site. Also a decision needs to be made concerning the number of courts the City will pay to have built, 4 or 8. A third issue unrelated to the major issue is one of maintenance and ownership once the courts are built. Moses moved the City to enter into negotiations for 8 tennis courts on approximately Z acres at the FVCC site. The motion was seconded. There was discussion. Nystul spoke against the motion. Lil Laidlaw, Terry Iwerson, Kalispell Tennis Association and Larry Rasmussen, FVCC, supplied information and answered questions by Council. There was lengthy discussion. Haarr spoke against the motion. Larson spoke in favor of the motion. Collins moved to amend the motion to request City staff to prepare a proposal for Council approval regarding questions of ownership, maintenance and management of proposed site. The motion died with lack of a second. There was more discussion. Carol Santa, Kalispell Tennis Association, spoke in favor of the FVCC site. The motion died due to a tie vote with Nystul, Kennedy, Haarr and Granmo voting against. After more discussion Granmo moved to direct staff to provide Council with all information available on questions that have been brought out, from the School District Board and FVCC Board. The motion was seconded. The motion carried upon vote. E National Association of Secretaries of State Request Mike Cooney, Montana Secretary of State, on behalf of his association, has requested permission from the City to allow the Outlaw Inn to serve alcoholic beverages to a group of conventioning Secretary of State delegates at a barbecue the group is having at Haven Baseball Field the night of July 19th. The party will begin at approximately 6:30 p.m. and end sometime around 9:30 p.m. Nystul moved the City authorize the request of the Secretaries of State and encourage the employment of security for the event. The motion was seconded. Upon vote the motion carried. Bid Award Recommendation Construction Materials Bids were opened July 5th for the construction materials as follows: Unit -Ton Company Amount A.0 Hot Mix A-1 Paving $ 19.00 NuPac $ 26.00 Cold Mix A-1 Paving $ 85.00 6" Pit Run A-1 Paving $ 1.00 LHC $ 1.20 McElroy $ 1.75 NuPac $ 2.75 3/4" Crushed McElroy $ 3.60 A-1 Paving $ 3.95 LHC $ 4.20 NuPac $ 5.75 Pea Gravel McElroy $ 4.00 LHC $ 4.50 NuPac $ 5.25 A-1 Paving $ 8.00 Williams recommended awarding the bids to the lowest bidder in each category. 671 Haarr moved to award the bids to the following: A.0 Hot Mix A-1 Paving $ 19.00 Cold Mix A-1 Paving $ 85.00 611 Pit Run A-1 Paving $ 1.00 3l4" Crushed McElroy $ 3.60 Pea Gravel McElroy $ 4.00 The motion was seconded. Kennedy abstained from discussion and vote. Upon vote the motion carried. Sidewalk and Curbing Bids were opened on July 5th for curbing and sidewalk as follows: Unit Sandon NuPac Marriott 4" Sidewalk s.f. $ 2.86 $ 2.95 $ 3.00 6" Sidewalk s.f. $ 2.95 $ 3.00 $ 3.00 Curb and Gutter l.f. $ 7.60 $ 9.00 $ 9.00 Straight Curb l.f. $ 8.00 $ 9.00 $ 9.00 Public Works and Williams recommended the bid be awarded to Sandon Construction. Kennedy abstained from discussion and vote. Moses moved to award the sidewalk and curb bid to Sandon Construction. The motion was seconded. Upon vote the motion carried. Bid Award Recommendation Hall House and Garage Bids were opened on July 5th for the House at 734 5th Avenue West. Steve Funke $3,000 Aletha Hruza $3,750 Mtn. Star $5,160 Enterprises Tim Wise $7,000 Williams recommended awarding the bid to Tim Wise in the amount of $7,000. Granmo moved to award the house bid to Tim Wise in the amount of $7,000. The motion was seconded. 672 The motion carried upon vote. STAFF REPORTS Budget Work Session to follow this meeting. Next Work Session 7/11/94 7:00 p.m. Next Budget Work Session 7/20/94 7:00 p.m. Next Regular Meeting 7/18/94 7:00 p.m. ADJOURN The meeting was adjourned at 9:09 p.m. Douglas D. Rauthe, Mayor f {� 4AW Debbie Gifford, Clerk of Council