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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. 743 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: 744 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. 745 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 $229,527 746 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. } 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: 747 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