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02. Council Minutes - Regular Meeting - May 1, 1995754 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 F.M. MONDAY, MAY 1, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS 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 City Manager Williams requested the addition to the agenda of a request by Keith Albright for a preliminary plat extension. Williams also requested Resolution 4204 be readdressed due to recent legislation. Rauthe noted a KGA Request be added under Business from the Mayor. Haarr requested the addition of the Belmar paving requirements. Atkinson moved to approve the agenda. The motion was seconded. The motion carried upon vote. Approve Minutes -April 17, 1995 Collins moved to approve the minutes. The motion carried with a vote. Approve Claims per Payables Register Atkinson moved to approve the claims. Upon vote the motion carried. The motion was seconded. The motion was seconded. ADDRESSING THE COUNCIL Hiring Electrical Inspector Eugene Thomas, E. Thomas Electric, spoke against the city hiring an electrical inspector. He also submitted a petition from other electrical contractors against the issue. The following also spoke against the issue: Ed Eck, Eck Electric 94 5th Avenue W.N. Peter Sgrenci, Peter's Electric, P.O. Box 2832 Russ Heaton, Heaton Electric, 147 Willow Glen Drive Jim Fetesch, Petesch Electric, P.O. Box 3883 Miscellaneous Gerald Cole, 625 1st Avenue East, spoke about the mayor salary comparisons around the state. 755 j He stated the mayor has a conflict of interest because of Northwest Montana Human Resources, involvement with the proposed housing project, which he also spoke against. He felt Kennedy had a conflict of interest when she made a motion about paving requirements at the last meeting. Airport Lee Tower, 904 7th Avenue East, asked about the status of the airport authority/board and requested it be on the upcoming agenda. PUBLIC HEARING Gateway Orchard Villas -Preliminary Plat The hearing has been scheduled to receive public comment concerning a request to amend a preliminary plat approval from 31 townhouse lots on 7 existing parent lots in Gateway Orchard Villas to a total of 24 townhouse lots on the 7 parent lots. The applicant previously requested a similar downsizing of the subdivision receiving Council approval in 1994 to reduce the number of units allowed on 4 other parent lots within the subdivision from 20 to 13 units. If this request is approved by Council the number of townhouse lots will reduce to 74 from the original 88 units on the 19 parent lots. Proponents Doug Kaufman, Thomas, Dean and Hoskins, representing the developer spoke in favor of the preliminary plat. Opponents None Rauthe closed the public hearing. Northwest Health Care PUD The hearing is scheduled to receive public comment concerning a request by Northwest Healthcare for a zone change from H-1, B-3 and RA-1 to a residential mixed use Planned Unit Development in the RA- 1 zone. The intent of the PUD is to provide a zoning district classification which may provide flexibility of architectural design and mixing of land uses while preserving and enhancing the integrity and environmental values of the area. This classifica- tion also set forth a time frame for improvements to be installed, types of uses permitted, lot sizes, landscaping and street layout. The project consists of approximately 70 acres, and is located between U.S. Highway 93 on the west and Grandview Drive on the east, Sunnyview Lane and Heritage Way on the south and Indian Trail Road on the north. Proponents Bill Astle, attorney representing Northwest Healthcare, spoke in favor of the PUD. David Greer, Montana Planning Consultants, spoke in favor of the PUD and explained the application, concept and covenants. He also distributed a fact sheet. Opponents Gilbert Bissell, owner/manager of Aero Inn, spoke on behalf of: Four Seasons Motor Inn Ramada Inn Diamond Lil's Aero Inn Kalispell Grande Hotel Kalispell Super 8 Motel Red Lion Inn Days Inn The Outlaw Inn Cavanaugh's The concern was if a hotel was built as a non-profit corporation and taxed under different rules than the others in town, the hotel owners did not feel it would be fair. They are all willing to rotate and block rooms off to aid families in need. Haarr submitted a letter of opposition he received from Michael and Alanna Ober, 54 Buffalo Hill Drive. Rauthe closed the public hearing. Astle, Greer and Bissell answered questions from the Council. ORDINANCES & RESOLUTIONS Ordinance 1223-Prohibit Jake Brakes-2nd Reading Occasionally over the last few years residents of north Kalispell, particularly those living in Buffalo Hill Terrace and along North Meridian, have complained about the noise made by semi -truck Jake brakes as they descend the hill into town. This ordinance would prohibit the use of air compression (Jake) brakes inside the city limits except for emergency purposes. Williams and Staff recommended that Council adopt the ordinance. Collins moved Ordinance 1223, an ordinance of the City of Kalispell, Montana prohibiting the use of Jake brakes on the streets, alleys, highways, and bridges of the City of Kalispell, Montana, and declaring an effective date. The motion was seconded. With a roll call vote the motion carried. 757 Ordinance 1224-Farmers' Market Amendment-2nd Reading Ordinance 1224 amends Farmers' Market policy by deleting in Section 2, the language "made and/or grown within Northwest Montana counties may be sold or bartered in such a market; barter or sale therein of meat, milk and/or milk products, canned or processed foods is prohibited." And replacing it with "other items approved for sale by the City -County Health Department, made or grown in Flathead and/or Lake County, may be sold in said Farmers' Market". The ordinance is further amended by striking the term Flathead County Health Department and replacing it with City -County Health Department. The change with this ordinance will now allow vendors of the Farmers' Market to sell certain meat products if authorized by the Health Department. Williams and Staff recommended the amendment to Council. Larson moved Ordinance 1224, an ordinance revising Ordinances 823 and 857, (Farmers' Market), and declaring an effective date. The motion was seconded. There was discussion. The motion carried upon roll call vote. Resolution 4205-Gateway Orchard Villas Preliminary Plat This resolution approves the preliminary plat of the resubdivision of Lots 5, 6, 7, 8, 10, 13 and 15 of Gateway Orchard Villas. The preliminary plat resubdivides 31 townhouse lots on 7 parent lots into 24 townhouse lots on the 7 parent lots. The Planning Board held a hearing on the request with no one speaking against the proposal. The Board recommends that Council adopt the preliminary plat with no conditions. Williams and Staff concurred with the Board's recommendation. Kennedy moved Resolution 4205, a resolution approving the preliminary plat of the resubdivision of Lots, 5, 6, 7, 8, 10, 13 and 15 of Gateway Orchard Villas in the SE 1/4 of the NE 1/4 of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. The motion was seconded. The motion carried upon roll call vote. Resolution 4206-Zimbelman Minor Preliminary Plat This is a request by Gilbert Zimbelman for preliminary plat approval of a two lot subdivision located approximately 150 feet south of Center Street on the west side of 3rd Avenue East. This is a minor subdivision which does not require a public hearing or a recommendation from the Planning Board. The site contains approximately 3,553 square feet with 50 foot of frontage on 3rd Avenue East. It is recommended that the preliminary plat be approved subject to the following conditions: 1. Comply with the City's Building Codes. 758 2. Create easements and obtain approval from the respective utility companies. 3. Obtain approval from the City's Public Works Department for sewer and water connections. Moses moved Resolution 4206, a resolution approving the subdivision of the amended plat of the East 1/2 of Lot 3, Block 38, Kalispell Original in part of the SW4, of the SW4, of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. With a roll call vote the motion carried. Resolution 4204-Intent to Create SID Atkinson moved Resolution 4204, a resolution relating to Special Improvement District No. 341; Declaring it to be the intention of the City Council to create the district for the purpose of undertaking certain local improvements and financing the costs thereof and incidental thereto through the issuance of Special Improvement District bonds secured by the City's Special Improvement District Revolving Fund. The motion was seconded. '. City Attorney Neier explained that the recent legislature passed Senate Bill No. 2. Prior to passage of that bill it was virtually impossible to sell an SID bond in the State of Montana because of some court decisions that restricted the use of the revolving fund. One County in particular defaulted on a SID that led to a court case where the bond holder lost some money, so there was virtually no way to sell an SID bond. The legislature took that up and passed that law and it became effective when the governor signed it on March 24th. When we were drafting the documents for this resolution, we did not have all the information we should have had. The major things that we need to do in the resolution creating the district are to make certain findings in regard to the ownership of the property and the taxable valuation of the property, and pledge the full faith of the revolving fund to pay for any defaults. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL Proclamation Mayor Rauthe proclaimed May 1-7 as Try Another Way Week. Transportation Meeting On May llth at 10:00 a.m. at Courthouse East there will be a Transportation meeting for the next 5 years of public transport- ation. KGA Invitation Rauthe noted the KGA has invited the City Council to the golf course for a tour of the facility on May 23rd at 5:30 p.m. 759 BUSINESS FROM MANAGER Gateway Orchard Villas -Final Plat The preliminary plat for this project was subject of a hearing and Council action earlier in the agenda. Council approved the preliminary plat, and Williams also recommended approval of the final plat of Gateway Orchard Villas. Atkinson moved the approval of the final plat for Gateway Orchard Villas. The motion was seconded. With a vote the motion carried. High School Parking Lot Phase II -Sidewalks The Council indicated a decision on the High School Parking Lot sidewalks at its April 24 workshop. According to notes TIF will pay for the following: 1) Wheelchair approaches on all four corners of the intersection of 6th Avenue West and 7th Street West; 2) Wheelchair approaches on all four corners of the intersection of 6th Avenue West and 6th Street West; 3) Curb on the East side of 6th Avenue West between 6th Street West and 7th Street West; 4) Curb on North side of 7th Street West between 5th Avenue West and the alley and a short piece of curb West of the alley; 5 ) Sidewalk on the North side of 7th Street West between 5th Avenue West and 6th Avenue West; 6) Sidewalk on the East side of 6th Avenue West between 6th Street West and 7th Street West; 7 ) Sidewalk on the South side of 6th Street West between 6th Avenue West and the East side of the alley; 8) Sidewalk with approach at High School Shop driveway located on 5th Avenue West; and 9) Sidewalk on 6th Avenue between 7th Street West and the North boundary of Lot 11, Block 187. Sidewalks shall be ordered in on the following: 1) West side of 5th Avenue West between 6th Street West and South boundary of Lot 4, Block 177 and 2) South side of Lot 12, Block 187 m Sidewalks were eliminated on: 1) North side of 6th Street West between 5th Avenue West and 6th Avenue West and 2 ) South side of 7th Street West between 5th Avenue West and 6th Avenue West. Nystul moved that Council concur in the sidewalks and wheelchair ramps as presented by the Staff. The motion was seconded. The motion carried upon vote. Nystul moved Council order in those portions of the sidewalk as indicated on the map which are essentially the 3 lots on 5th Avenue West, north of 6th Street and the 1/2 block on 8th Street. The motion was seconded. There was discussion. Rauthe spoke against the motion. After discussion Nystul reworded his motion to order in sidewalk on 5th Avenue West, north of 6th Street and the 3 lots there. The motion was seconded. The motion carried with a vote with Larson voting against. Nystul moved to order in the 1/2 block of sidewalk on 8th Street West as indicated on the drawing, just before 6th Avenue West. The motion was seconded. There was discussion as to further information from staff. Atkinson moved to table the motion. The motion was seconded. The motion was tabled with a vote with Granmo voting against. Bid Recommendations -Lawrence Park Parks Director Mike Baker submitted a memo concerning the Lawrence Park bid recommendation. There were two bidders on the project, Evergreen Landscaping and Sandon Construction. Evergreen Landscaping was low bidder on the base bid and all alternatives. Baker recommended that Evergreen Landscaping be awarded the base bid plus bid alternative U, Irrigation Zone 5. The total award equals $43,850.00. Bruce Lutz explained the project. Larson moved to award the bid to Evergreen Landscaping in the amount of $43,850.00. The motion was seconded. 761 There was discussion. Upon vote the motion carried. Albright Request Williams explained Keith Albright requested an extension on his preliminary plat until October 1995, 1 year from the original deadline; due to the fact the city has been unable to respond with the creation of the Special Improvement District for the sewer until now. Larson moved to approved the extension of the preliminary plat for the Walker Addition to October 1995. The motion was seconded. The motion carried with a vote. Belmar Paving Requirements Haarr moved that Condition 8 of the preliminary plat for Belmar Addition be amended to read as follows: that all roads within the subdivision shall be paved to the City of Kalispell standards. The motion was seconded. Atkinson, Larson and Kennedy spoke in favor of the motion. With a vote the motion carried. STAFF REPORTS Next Work Session May 8, 1995 7:00 p.m. Next Regular Meeting May 15, 1995 7:00 p.m. ADJOURN The meeting was adjourned at 9:05 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council