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2A. Council Minutes - Regular Meeting - September 23, 1996up A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 7, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, LAUREN GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. COUNCILMAN NORBERT DONAHUE WAS ABSENT. 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. The motion carried upon vote. PROCLAMATION -RED RIBBON WEEK Mayor Rauthe proclaimed October 19-26 as Red Ribbon Week. Rauthe recognized Cindy Bohannen, Recreation Coordinator for receiving the Young Professional Award at the recent Montana State Recreation and Parks conference in Missoula. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting September 23, 1996 B. Approval of Claims per Payables Register-$540,542.70 C. Approval of Low Bid for Liberty Street Water System Project Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. HEAR THE PUBLIC Abbie Shelter Janet Cahill, Director Violence Free Crisis Line, P.O. Box 1385 thanked Council for their support and the $2,000 donation to the Violence Crisis Line to help pay the remaining balance of the Abbie Shelter. Raallfia]ids Con Lundgren, 137 Fairway Boulevard, had several concerns about the proposed ballfields. Qlacier Tennis Club Conditional Use Permit Spoke against: Boyd Roth, Kalispell, spoke against the Glacier Tennis Club. Jean Harrington, 266 Buffalo Hill Drive Helen Simpson, 250 Buffalo Hill Drive, concerned about the traffic Spoke in favor: Drew Smith, 124 Riverview Drive, President of Glacier Tennis Club V Brad Roy, the Summit Mark Agather, 540 6th Avenue East Jean Agather, 540 6th Avenue East Resolution 4295-Authorize Sale of South Woodland Lots The sale of two of the South Woodland lots is imminent. To allow this and to expedite the transaction to be complete, formal approval is needed from the Council. Krepps recommended that the sale of Lots 17 and 24 be approved with authorization for the Manager to sign all of the closing documents. Larson moved Resolution 4295, a resolution authorizing the mayor or city manager and city finance director to execute the documents necessary to sell Lots 17 and 24 of South Woodland Court to the Flathead Building Association. The motion was seconded. With a roll call vote the motion carried. South Woodland Declaration of Covenants, Conditions dad Restrictions Larson moved that Council approve the declaration of covenants, conditions and restrictions for the South Woodland project. The motion was seconded. As discussed at the work session, Staff has compiled the new declaration of covenants, conditions and restrictions that will apply to the South Woodland project. There was discussion. Atkinson moved to amend Article 3 in such manner, Page 3, Item 2b, that a time limit be placed on the length of time when large commercial vehicles, trailers, campers or recreational vehicles will be on the streets in this subdivision. The intent on the limitation is for non owner temporary parker. Page 3 item 5, that we include under signs, the verbage out of our sign ordinance relative to political signs. Page 4, item 6, strike the last sentence. Page 5, item 5 line 3, change the word owing to owning. The motion was seconded. The amendment carried unanimously. The amended motion also carried unanimously. Teton Terrace Declaration of Covenants, Conditions and Restri tions There was discussion. Atkinson moved Council approve the Teton Terrace Homeowners Association declaration of covenants, conditions and restrictions. M Atkinson moved to amend the motion to include the items per discussion (same items as for South Woodland and page 7, Item 16, re -phrase). The motion was seconded. The amendment carried with a vote. The amended motion carried upon vote. Homeowners Association Bylaws Atkinson moved Council accept the bylaws of the Teton Terrace Homeowners Association. The motion was seconded. Nystul noted on page 19, article 9 reference of annual report of receipts and expenditures does not use sufficiently precise language that the accountant could follow. The last sentence needs to be changed from certified to compiled. Atkinson moved to amend the bylaws such that on page 19 article 9, section 1, 5th line from the bottom, the word certified be changed to compiled. The motion was seconded. The amended motion carried unanimously. Glacier n's Club -Conditional Use Permit- (Postponed from meeting) This item has been discussed at the last two meetings. Based upon the discussions, issues, suggestions in those meetings, Staff has compiled the new grant of conditional use for the Northwest Health Care Corporation with the Tennis Club as the lessee. Through discussions with the City Attorney, the Healthcare Corporation is willing to provide the parking through the joint agreement but only for 91 spaces. They are 107 spaces short of the requirements. The indication is that the other 16 spaces would be the full responsibility of the Tennis Club to provide. However, there is no place to provide them from unless they go to the Medical Arts for an additional joint use Agreement. The Medical Arts is an extremely busy parking lot. This raises the same concerns with the ability to provide sufficient parking as we have been trying to address them this entire process. Nystul moved to amend the previous motion reflect the new text. The motion was seconded. The amendment carried unanimously. Collins and Larson spoke in favor. There was discussion. am Nystul moved to strike the 2nd sentence from Condition 3. The motion was seconded. The amendment carried with a vote. Atkinson spoke against the amended motion. There was lengthy discussion. The amended motion carried upon vote. Buffalo Hill Golf Course Fee Request The Golf Course is requesting an increase in fees for next season. The present lease requires approval from the Council for increases. Council may approve the request as submitted or Council may defer the approval until the new lease is negotiated. A deferral would cause the Association problems in terms of membership notification and the January 31 discount dates since many of the memberships would need to be renewed prior to the end of the tax year. Krepps recommended to proceed with the approval of this request. The association is aware of the concern of the lease negotiations. Mr. Dunfee is responding as well and as rapidly as possible to his committee's directions. The City will continue with the negotiations for the new lease. Larson moved Council approve the request from the Kalispell Golf Association to increase the green fees for the 8% as requested. The motion was seconded. There was discussion. Kennedy spoke in favor and Atkinson spoke against. With a vote the motion carried with Atkinson voting against. Haven Field/Athletic Complex -Offering Memorandum Atkinson moved to proceed with the publication and the process for the offering of the sale of Haven Field and Lions Park Street. The motion was seconded. The motion carried unanimously with a vote. Resolution 4296-Encourage Voter Participation Regarding the ,Bond Issue on the Applied Technoloav and Learning Center Atkinson moved Resolution 4296, a resolution to encourage voter participation regarding the bond issue on the applied technology and learning center. The motion was seconded. There was discussion. ME Larson moved to amend the motion to read "City Council of Kalispell encourages voter participation in all matters appearing on the ballot in the General Election November 5th and that they become informed on all those issues and vote their conscience on those issues". The motion was seconded. The amendment carried unanimously. The amended motion carried upon roll call vote. FOR YOUR INFORMATION Receipt of Rids for PhotogrammetriC Mapping October 8, 1996 Montana League of Cities and Towns Convention October 9-11, 1996 Next Work Session October 15, 1996 7:00 p.m. Next Regular Meeting October 21, 1996 7:00 p.m. ADJOURN The meeting was adjourned at 8:56 p.m. Douglas D. Rauthe, Mayor Debbie Gifford, CMC Clerk of Council