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2. Council Minutes - Regular Meeting - May 6, 1996871 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MAY 6, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. Nystul requested the addition of the Solid Waste District report. Rauthe also requested the addition of a proclamation. The motion carried upon vote. Aoorove Minutes -April 15. 1996 Collins moved to approve the minutes. The motion was seconded. The motion carried with a vote. Approve Claims per Payables Register Nystul moved to approve the claims. The motion was seconded. Upon vote the motion carried. ADDRESSING THE COUNCIL Wastewater Treatment Plant Award Elna Darrow, Flathead Basin Commission, presented the City of Kalispell with an award of commendation of excellence for the extraordinary efforts of the supervisors and staff of the wastewater treatment plant to achieve perfect discharge permit compliance. Department of Natural Resources Roger Noble, Department of Natural Resources, requested a letter of support from the Council for a grant being applied for regarding the old Reliance Refinery site. There was consensus to address this issue during Business from Mayor and Council. Schaus Zoning Text Amendment Reguest Attorney Bruce Measure, 33 2nd Street East, on behalf of Lisa Schaus, spoke in favor of the proposed request. Proposed Personnel Budget Cuts Wes Hulla, 928 8th Street West, spoke against the proposed personnel cuts to achieve the 15 mill budget reduction and requested Council reconsider. Hunter -Annexation and Zoning Request Kit Hunter, 460 1st Avenue East North, spoke in favor of the request for annexation and zoning.. ORDINANCES & RESOLUTIONS Ordinance 1238-Subdivision Regulations-2nd Reading At the Council meeting on April 15, 1996, the Council approved first reading of the Subdivision Regulations for the City. Larson moved Ordinance 1238, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, ( Ordinance No. 1175) , by zoning property known as Lots 6 and 7, Block 240 Kalispell Addition No. 6 located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned R-3, Residential), B-3, Community Business, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. Donahue spoke against the ordinance. There was discussion. The motion carried upon roll call vote with Kennedy, Larson, Nystul, Collins, Granmo, Haarr and Mayor Rauthe voting in favor and Donahue voting against. Ordinance 1239-Expansion Permitted Signs in R-1, R-2, R-3 and R-4- lst Reading Lisa S. Schaus made an application to amend Section 27.24.090, Permitted Signs in Zones R-1, R-2, R-3 and R-4 to allow "one non - illuminated two-sided sign not to exceed six square feet in area attached to the house, in connection with a home occupation". Ms. Schaus operates an art studio and desires a sign designating her location. Signs generally are not permitted in R-1 through R-4 except for temporary signs, signs connected with a permitted or conditionally permitted non -dwelling use, and subdivision identification signs. The Planning Board and Zoning Commission recommended insertion of the following language in S 27.24.090 (5): One non -illuminated sign not exceeding four square feet per face below the eave line in conjunction with residential use. At the Council workshop there was considerable discussion on both the appropriateness and size of signs for home occupations in the R-1 through R-4 zones. The consensus of the Council appeared to be something less than the Planning Board recommendation. The City Attorney prepared Ordinance 1239 which allows as follows: "one non -illuminated sign not exceeding two square feet below the eave line attached to the building in conjunction with a residential use". 873 Collins moved Ordinance 1239, an ordinance amending Section 27.24.090, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. There was discussion. Atkinson moved to amend the ordinance to include 1 non -illuminated sign not to exceed 4 square feet total, below the eave line, flush attached to the building or perpendicular, in conjunction with residential use. The motion was seconded. There was discussion. The amendment carried with Atkinson and Larson voting against. There was more discussion. Nystul moved to table the motion. The motion was discussion. The motion carried with a vote and was tabled. Resolution 4261-Spring Creek -Annexation and Zoning Request (Hampton I n Spring Creek Development L.L.C. has made a request for annexation { and zoning of tract of land located approximately 300 feet south of U.S. Highway 2 and 400 feet west of Meridian Road. The developer has requested a General Business, B-2 zoning classification for the property which allows a variety of commercial uses. Resolution 4261 provides for the annexation and zoning of the subject property in accordance with the Planning Board and Zoning Commission recommendation and the Master Plan. Larson moved Resolution 4261, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, a tract of land located in the southeast quarter of the southeast quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Spring Creek Development L.L.C. Addition No. 272; to zone said property General Business, B-2, to amend the City Zoning map accordingly and to declare an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Kennedy, Larson, Nystul, Collins, Donahue, Granmo, Haarr and Mayor Rauthe voting in favor. solution 4 2 6 2 -Hunter -Annexation and Zoning Reguest(1400 4t Kit and Shelby Hunter have requested annexation and zoning of approximately .45 of an acre located at 1400 4th Avenue West. Applicants have requested an R-4 zoning classification which allows duplexes. MW Resolution 4262 provides for the annexation and zoning of the subject property in accordance with the Planning Board and Zoning Commission recommendation and the Master Plan. Kennedy moved Resolution 4262, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, Assessor's tracts 8T1A in the southwest quarter of the southeast quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Hunter Addition No. 273; to zone said property Two Family Residential, R-4, to amend the City Zoning Map accordingly and to declare an effective date. The motion was seconded. The motion carried upon roll call vote with Atkinson, Kennedy, Larson, Nystul, Collins, Donahue, Granmo, Haarr and Mayor Rauthe voting in favor. Resolution 4M-Hunter-Preliminary Plat Hunters also requested Preliminary Plat approval of a Minor Subdivision regarding the lot at 1400 4th Avenue West. The lots created by the subdivision meet the minimum lot size required by the Zoning Ordinance. Approval of the subdivision with three conditions was recommended by the Planning Board and Zoning Commission. Kennedy moved Resolution 4263, a resolution approving the preliminary plat of the Hunter 1 and 2 Subdivision, Flathead County, Montana. The motion was seconded. With a roll call vote the motion carried with Atkinson, Kennedy, Larson, Nystul, Collins, Donahue, Granmo, Haarr and Mayor Rauthe voting in favor. Resolution 4264-Buffalo Hill Golf Course County Island Addition No. 274-Annexation and Zoning Reguest Resolution 4264 deals with a tract of land South of Grandview Lane containing approximately 13.5 acres. The subject property is within the area commonly known and referred to as the Buffalo Hills Golf Course. The recommended zoning classification is Public, P-1 and was recommended by the Planning Board and Zoning Commission. Donahue moved Resolution 4264, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, Assessor's tracts 5AC and 5D, and Road abandonment #84, located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Buffalo Hill Golf Course County Island Addition No. 274; to zone said property Public, P-1, to amend the City •Zoning Map accordingly and to declare an effective date. The motion was seconded. 875 The motion carried upon roll call vote with Atkinson, Kennedy, Larson, Nystul, Collins, Donahue, Granmo, Haarr and Mayor Rauthe voting in favor. BUSINESS FROM MAYOR & COUNCIL Proclamation -Builders Club Week Mayor Rauthe proclaimed May 5-11 as Builders Club Week and May 12- 18 as National Historic Preservation Week. There will be walking tours of the City. Tickets will be available from Flathead Travel and the Hockaday Center. News Articles Rauthe corrected and clarified some recent news articles in the Inter Lake. Solid Waste District Report Nystul reported his position on the Board expires June 30th and the appointment is by the County Commissioners. He felt discussion may be necessary. pggartment of Natural Resources Request Kennedy moved the City of Kalispell forward to the Department of Natural Resources a letter supporting grant funds for the clean up work that needs to be done on the Reliance Refinery property in Kalispell and have the mayor sign. The motion was seconded. , The motion carried upon vote. BUSINESS FROMMANAGER D.A. Davidson " Agreement- Serve as Fiscal Agent The Council previously made a decision to issue revenue bonds for certain improvements to the water utility. The issuance of bonds will require a fiscal agent to advise and assist the City staff. D.A. Davidson & Co. has made a proposal to act as the City's agent for the sum of $7,500. The fact that D.A. Davidson might be the agent does not mean that other firms are foreclosed from bidding the purchase of the bonds. Several firms are expected to bid, as the issue will approach $1,000,000. Larson moved Council authorize the hiring of D. A. Davidson as the City's advisor for the sale of water revenue bonds. The motion was seconded. With a vote the motion carried. FRDO 1997 Work Program A letter was received from Teresa Fox -Hash outlining the proposed list of projects to be carried out by the FRDO staff in fiscal 1996. The list includes update of Master Plan, Highway Corridor Standards; Neighborhood Plan for Southeast Kalispell (Greenacres, South Woodland, Kelly Road, etc.); Neighborhood Plan for Center Street to Idaho and Meridian Road to 5th Avenue West North; Neighborhood Plan for Idaho to 3rd Avenue East North and North of Center Street and Woodland Park; amendment of Zoning Ordinance and up -date of Master Plan Map. Larson moved to approve the proposed list of projects to be carried out by the FRDO Staff in 1997. The motion was seconded. Donahue moved to amend to approve the amount the CAB has indicated as the City's portion of the cost of the FRDO as a legitimate and accepted expense of the city from the mayor's recommendation that we will get our money's worth. The motion was seconded. There was discussion. The amendment carried with a vote. The amended motion carried upon vote. bet Sewer Rate for Evergreen-1996 Calendar Year The City staff for over the past year has been involved in a discussion with Flathead Sewer and Water District No. 1 regarding the appropriate rate charged by the City for the treatment of sewage. Tim Berry of Morrison and Maierle contracted with the City to evaluate the City's rate of $1.75 per thousand gallons set in January of 1995. Berry made some recommendations which caused the staff to adjust certain costs (primarily billing cost) out of the rate resulting in a reduction of the rate to $1.64. The District's expert has established a proposed rate of $1.42-1.49, so there are still some negotiations needed to settle the matter. The District has paid its previously outstanding arrearage of $103,000 based on the $1.64 rate with the understanding that final adjustments will be made upon resolution of the differences. The Manager and staff recommended that the Council approve the $1.64 rate based upon the staff's adjustments, with the understanding that a further adjustment may be recommended after further negotiations. Atkinson moved to approve the rate of treatment of Evergreen sewage be placed at $1.64 per thousand retroactive from January 1, 1996 to this date. The motion was seconded. Nystul abstained from discussion and vote. Upon vote the motion carried. Qity Manager Recruitment Thelen reminded of the continuation of the city manager recruitment to follow this meeting. STAFF REPORTS Next Work Session May 13, 1996 7:00 p.m. Next Regular Meeting 20, 1996 7:00 p.m. ADJOURN The meeting was adjourned at 8:58 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council 877