02. Council Minutes - Regular Meeting - April 3, 1995742
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, APRIL 3, 1995, 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.
AGENDA APPROVAL
Atkinson moved to approve the agenda. The motion was seconded and
carried with a vote.
Approve Minutes -March 20, 1995
Collins moved to approve the minutes.
The motion carried with a vote.
Approve Claims per Parables Register
Atkinson moved to approve the claims.
The motion was seconded.
The motion was seconded.
With a vote the motion carried.
ADDRESSING THE COUNCIL
1st Streets and 2nd Avenue East Project
The following spoke in favor of the proposed 1st Streets East and
2nd Avenue East projects:
Don Lloyd, 636 6th Avenue East, President of the KDC
Gilbert Bissell, owner of Aero Inn and KDC Member
Gordon Pirrie, owner of Western Outdoor and Norm's owner
Marshall Noice, 647 6th Street East
Janet Wright, manager Kalispell Grande
Duff Carish, 857 1st Avenue East North
Bill Epperly, Parking Commission
Margaret Lekander, owner of Wheaton's
Mayor Rauthe referred to a letter of support from the KDC.
Miscellaneous
Jerry Cole, 625 1st Avenue East, spoke about the format of the
agenda and manner of addressing the Council.
He felt there was a conflict of interest with two council members
and requested their resignation.
He spoke against low income housing.
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Airport
Bill Truax, 555 Ferndale Drive, Bigfork, started to address the
Council on the city airport. Rauthe asked if he was aware of the
airport meeting scheduled to follow the regular meeting? He did
not and stated he would wait and continue at that meeting.
ORDINANCES & RESOLUTIONS
Ordinance 1218-Zoning Text Amendment -Nonconforming Structures-2nd
Reading
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.
Larson 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-2nd 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
"A" and "B". Change "A" 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 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 the Board
recommends the zone changes requested by the City and Staff
concurred 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
"A" 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.
The motion carried with a roll call vote.
Ordinance 1220-Change Street Names-2nd Reading
The Public Works Department is recommending the following street
name changes:
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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.
Moses 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.
Ordinance 1221-Amend Building Codes and Add Electrical -1st Reading
This ordinance updates by reference the building, mechanical,
plumbing, fire, CABO one and two family dwelling, abatement of
dangerous buildings, housing and energy codes. Also added by
reference, national electrical code which will soon be enforced.
Larson moved Ordinance 1221, an ordinance to adopt, by reference,
the "Uniform Building Code", 1991 Edition, the "Uniform Mechanical
Code", 1991 Edition, The "Uniform Fire Code", 1991 Edition, the
"Council of American Building Officials, One and Two Family
Dwelling Code", 1989 Edition, with 1990 and 1991 amendments; The
"Uniform Code for Abatement of Dangerous Buildings", 1991 Edition;
The "Uniform Housing Code", 1991 Edition; The National Electrical
Code, 1993 Edition; and the "Model Energy Code", 1989 Edition,
with amendments; as the Building Codes of the City of Kalispell,
and applicable to the jurisdictional area thereof; as adopted and
approved by the Building Codes Bureau, Department of Commerce,
State of Montana; to provide a penalty for the violation of any
lawful order issued pursuant thereto; and establishing an effective
date. The motion was seconded.
The motion carried with a roll call vote.
Resolution 4201-MDOT-Chip Seal Agreement
The Montana Department of Transportation is planning to chip -seal
Highway 93 from Four Corners to the Court House sometime this
summer. Because a portion of the project is located inside the
city limits the city council must agree by resolution before the
project can take place.
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Upon checking with the State concerning the project in light of the
major construction planned for this segment, the City was informed
that construction will not take place for 2-3 years, therefore they
feel there is value to investing in the chip -seal at this time.
Atkinson moved Resolution 4201, a resolution adopting a
construction agreement known as State Project No. RTF 5-3(57)110,
by and between the State of Montana, acting by and through its
Department of Transportation, and the City of Kalispell, a Montana
municipal corporation, and authorizing the Mayor to execute said
agreement on behalf of the City Council of the City of Kalispell.
The motion was seconded.
Upon roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
Mayor Rauthe proclaimed April 1 through April 9, 1995 as Public
Radio Week, April 5, 1995 as Children of the American Revolution
Day and April, 1995 as Community College Month.
Civil Air Patrol
Rauthe announced the Civil Air Patrol has announced the Search &
Rescue exercises of the season will be April 8th & 9th at the
Kalispell airport.
BUSINESS FROM MANAGER
Norwest Bank -Community Rehab Agreement
A proposal agreement between Norwest Bank and the City regarding
renewal of the City's commercial rehabilitation loan program needs
to be renewed. This agreement should be reviewed at the beginning
of each city fiscal year. This agreement provides for the interest
rate subsidy of 7% as compared to the prior rate of 5%. Williams
recommended that Council authorize him to sign the agreement.
Further agreements will be subject to seeking competitive quotes
from the local lending institutions.
Kennedy moved for Council to authorize the city manager to sign the
Commercial Rehab loan agreement with Norwest Bank.
There was discussion.
The motion carried with a vote.
Bid Recommendations
lst Street Improvements
The following bids were received for the 1st Street Improvement
Project:
1. A-1 Paving $317,123
2. NuPac $261,500
3. Sandon $229,527
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Staff recommended that Council award the bid to Sandon Construction
in the amount of $229,527 which includes the paving of the parking
lot north of the Liberty Theater and the work on Main Street
,included in Alternate Two.
Kennedy abstained from discussion and vote.
Atkinson moved to award the bid to Sandon Construction in the
amount of $229,527. The motion was seconded.
Haarr spoke in favor of the lst Street project from Main to lst
Avenue West, but was concerned about the portion on the east side
because of the vacant property that has had and continues to have
a great deal of interest in purchase and development. The 1-way
traffic on lst Street to 3rd Avenue East was also a concern.
Collins spoke in favor of the project but against the decorative
brick to be used.
Nystul spoke in favor of lst Street from lst Avenue West; to lst
Avenue East.
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Granmo spoke against the motion, he agreed with Haarr.
With a vote the motion carried with Haarr and Granmo voting
against.
2nd Avenue East Project
The following bids were received for the 2nd Avenue East Project:
1. A-1 Paving $196,609
2. LHC $185,700
3. NuPac $115,075
4. Sandon $ 99,800
Staff recommended that Council award the bid to Sandon Construction
in the amount of $99,800 and further allow the project to be funded
from a portion of the unallocated tax increment funds contained in
the fiscal 95 budget.
Kennedy abstained from discussion and vote.
Atkinson moved to award the bid to Sandon Construction in the
amount of $99,800. The motion was seconded.
The motion carried upon vote.
Chime Seal and overlay Project
The City received the following bids for the proposed chip seal
project:
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1. A-1 Paving $ 83,740
2. McElroy $138,600
3. NuPac $ 98,940
Staff recommended the bid award to A-1 Paving in the amount of
$83,740.
Atkinson moved to award the chip seal bid to A-1 Paving in the
amount of $83,740. The motion was seconded.
With a vote the motion carried.
Overlay Bid Results
1. A-1 Paving $344,550
2. NuPac $388,950
Staff recommended that A-1 Paving be granted the contract in the
amount of $344,550.
Atkinson moved to award the overlay bid in the amount of $344,550
to A-1 Paving. The motion was seconded.
The motion carried with a vote.
705 7th Avenue West
No bids were received on the property located at 705 7th Avenue
West. Williams requested authority to re -bid and modify the
payment arrangements for purchasing the property.
Atkinson moved to authorize staff to re -bid the house for sale at
705 7th Avenue West. The motion was seconded.
The motion carried upon vote.
Auditor Exit Conference
Williams announced the Auditor's Exit Conference will be on
Thursday, April 6, 1995 at 11:30 a.m.
STAFF REPORTS
Next Work Session April 10, 1995 7:00 p.m.
Next Regular Meeting April 17, 1995 7:00 p.m.
Goal Setting Work Shop April 22, 1995 8:30 a.m.
ADJOURN
The meeting was adjourned at 7:57 p.m.
Douglas D. Rauthe, Mayor