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02. Council Minutes - Regular Meeting March 20, 1995737 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 20, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT DUANE LARSON 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 DOUG RAUTHE WAS ABSENT. Council President Larson called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Nystul wished to add a proposal for an action plan on the Kalispell City Airport and a discussion on one provision of the 1995 Chip Seal and Overlay contracts. Granmo wished to add the sale of the property, the ball diamonds for the airport. Approve Minutes -March 6, 1995 Nystul moved to approve the minutes. The motion was seconded. The motion carried with a vote. Approve Claims per Payables Register Collins moved to approve the claims. The motion was seconded. With a vote the motion carried. ADDRESSING THE COUNCIL Jerry Cole, 625 lst Avenue East, expressed concern over the proposed 44 units on South Woodland Drive, the mayor's salary and conflicts of interest. He felt Colin Wills should be awarded Citizen of the Century for the work he has done for the City. He noted there would be a Building Industry Professionals seminar on Condensation and Ventilation on Friday at the Outlaw Inn at 6:00 p.m. and he requested that Council attend. Helen Cole, 625 1st Avenue East, was unable to stand at the podium and had her husband, Jerry, read a letter to Council. The letter referred to her husband and his past experience with construction and gave costs for the South Woodland project and spoke against the project. Colin Wills, 755 North Main, felt the mayor had a conflict of interest with the real estate game and encouraged Council to get out of it. ORDINANCES & RESOLUTIONS Ordinance 1218-1st Reading -Zoning Text Amendment -Nonconforming Structures The purpose of this ordinance is to allow residential structures conforming to use, but nonconforming with respect to height, setback or lot coverage, may be enlarged or altered provided that the enlargement or alteration does not further deviate from the zoning regulations. The amendment also allows for the replacement or repair of bearing walls. Collins moved Ordinance 1218, an ordinance amending Section 27.25.010 and adding a new section 27.25.045, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The motion carried upon roll call vote. Ordinance 1219-Airport Zone Change-lst Reading The intent of this ordinance is to change the zoning designation for two tracts of City owned land located on or in the area of the municipal airport. The changes are identified in the ordinance as "All and "B". Change "All containing ball fields (Daley Fields) is located generally south of the National Guard Armory on the west side of U.S. 93 and recommends re -zoning the tract of land to B-2 from P-1. Change "B" containing airport uses, Forest Service office and soccer fields is located generally north of the sewer treatment plant access road on the east side of Airport Road. The recommended zoning for this tract of land is I-1 from P-1. The Planning Board held a public hearing on this request and recommends the changes requested by the City and Staff concurs with the Planning Board. Kennedy moved Ordinance 1219, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (ordinance 1175), by zoning the tracts of land included in Exhibit "All attached hereto and thereby made a part hereof, (Change "A", previously zoned Public, P-1, to General Business, B-2; and change "B", previously zoned Public, P-1, to Light Industrial, I-1) in accordance with the Kalispell City -County Master Plan, and to provide an effective date. The motion was seconded. Kennedy noted Council did remove from changing the zone the runway protection zone area, which are the areas that were under contention to be changed to residential instead of commercial. The motion carried with a roll call vote. 739 Ordinance 1220-Change Street Names The Public Works Department recommended the following street name changes: 1. Custer Avenue to 7th Street West 2. Crook Avenue to 8th Street West 3. Wallace Avenue to 12th Avenue West 4. Forsythe Avenue to 13th Avenue West The streets are involved in a subdivision development and will probably be improved this summer. The name change is being recommended because the streets more logically belong as extensions and/or continuations of the existing City streets. The postal service also uses 7th Street West and 8th Street West for mail delivery as opposed to Custer Avenue and Crook Avenue. Atkinson moved Ordinance 1220, an ordinance to change the names of Custer Avenue to 7th Street West, Crook Avenue to 8th Street West, Wallace Avenue to 12th Avenue West, and Forsythe Avenue to 13th Avenue West and declaring an effective date. The motion was seconded. Upon roll call vote the motion carried. Resolution 4200-Intent to Sell Property The City was approached several weeks ago by a couple who own some property adjoining the Peterson School alley who would like to build a single family or a duplex on the lot they own adjacent to the alley. They do not have enough property to build the size structure they would like to build and approached the City and asked if there would be any possibility that they could purchase approximately 1,600 square feet of property the City owns which is located adjacent to the property they own. The minimum price established for the purpose of this offering is $2.00 per square foot and also requires the successful purchaser to agree to pave the full width of the adjacent alley (113' X 201) and have the subject property surveyed and recorded. This resolution would authorize the intent to sell this property. Moses moved Resolution 4200, a resolution of intention to sell certain real property owned by the City of Kalispell. The motion was seconded. There was discussion and the City Attorney was instructed to include in the agreement wording to the effect of "when the rest of the alley is paved that they would wave their right to protest an objection to the paving of that alley and they would participate and pay for the 113 feet". This is a surplus parcel and by some act of the past of not dedicating the alley, this triangular parcel was left and is of no to the City. 740 There was more discussion concerning the paving requirement. Kennedy called for the question. The motion carried with a roll call vote with Collins and Haarr voting against. BUSINESS FROM MAYOR & COUNCIL St. Patrick's Day Nystul reported in the absence of the mayor, that he was requested to be at Ed Gallagher Park on St. Patrick's Day to receive from the Hibernian's, a green derby presented to the City. Chip Seal & Overlay Project Nystul noticed in the 1995 chip seal and overlay bids that there are no provisions for liquidated damages. There was discussion. The city attorney will research. Airport Nystul moved to direct the city manager to schedule a special work session of the Council in the near future and invite the Montana Chapter of the Montana Pilots Association, Bill Truax and his group and any other interested parties that have information to present to Council so that subsequent to this meeting and after looking over the managers comparisons between a airport authority and the advisory group that we are then able to make a decision as to how we wish to proceed. The motion was seconded. There was discussion and the motion carried unanimously with a vote. Sale of Ball Fields Granmo moved the City Council set a policy, that there will be no offering for sale or long term leasing any airport, land or ball fields until a financial plan for the entire athletic field relocation project and for the airport needs, has been adopted by the City Council. The motion was seconded. There was discussion. Atkinson spoke in favor of the motion. Moses moved to table the motion until Council has a chance to further discuss the issue and may be finesse the ideas to something Council can agree on and look upon as a policy. With a vote the motion carried with Haarr, Collins and Nystul voting against. 741 Addressing the Council Haarr appreciated public input under the Addressing the Council portion of the meeting. He noted the mayor's salary will be addressed prior to filing for the next mayoral race in 1996. Haarr complimented Colin Wills on the good support he has given in the past years. Collins stated he had much respect for Colin Wills and that his presence was welcome at meetings anytime. BUSINESS FROM MANAGER Flathead Industries Interlocal Agreement Planning, Economic and Community Development Department Housing Division Manager Susan Moyer submitted a memo outlining the present statutes of the Flathead Industries for the Handicapped housing project. The City applied for a HOME Grant in the amount of $400,000 on behalf of the County. The proceeds from this grant, plus $200,000 in tax increment funding will be used to help fund the 1.2 million dollar cost of the project. For the purpose of administrating the HOME grant it will be necessary to enter into an interlocal agreement with the County as the project management will be handled by the City, with the County taking care- of the financial and accounting responsibilities. Williams requested Council authority to sign the interlocal agreement. Atkinson moved to give the city manager authority to enter into the interlocal agreement. The motion was seconded. The motion carried unanimously with a vote. Lutz Contract -Phase II -High School Parking Lot Planning, Economic and Community Development Department Redevelopment Manager Ross Plambeck submitted a memo which provided Council with an update on the status of the high school parking lot first phase and discussed the need for consultant services for the second phase of the project. Attached to the memo is a proposal for the design services from Bruce Lutz concerning the high school parking lot Phase II. The Lutz proposal is dated February 22, 1995. If Council approves the Lutz contract in the amount of $9,500 the following schedule Lutz has agreed to meet: May 15th- design and contract documents ready for final review; June lst- advertise for construction bids; July 1st -begin construction and August 15th-complete construction prior to school starting. Atkinson moved to approve the contract with Lutz in the amount of $9,500. The motion was seconded. There was discussion about the work schedule, storage area, sidewalk and curb on 7th Street. The bid documents work schedule will be changed. 742 Kennedy moved to amend the motion to include that Council authorize the City to go to bid on the project directly after the contract documents are ready. The motion was seconded. Upon vote the amendment carried. The amended motion carried unanimously with a vote. Police Officer Confirmations Chief Clark requested confirmation of officers Wade Rademacher and Roger Nasset. They have both completed their one year probationary periods. Atkinson moved to confirm Wade Rademacher and Roger Nasset as police officers for the Kalispell Police Department. The motion was seconded. With a vote the motion carried unanimously. STAFF REPORTS Next Work Session March 27, 1995 7:00 p.m. Next Regular Meeting April 3, 1995 7:00 p.m. ADJOURN The meeting was adjourned at 8:53 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council