3A. Council Minutes - Regular Meeting January 6, 1997964
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JANUARY 6, 1997, 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 CITY MANAGER CLARENCE KREPPS 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.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting -December 16, 1996
B. Approval of Claims per Payables Register-$413,022.80
C. Appointments
Board of Adjustment Appointment November 1996
Conrad Mansion Board Appointment December 1996
City -County Planning Board (2 City) December 1996
.. Kalispell Parking Commission December 1996
Street Tree Commission (3) December 1996
Collins moved to approve the consent agenda. The motion was
seconded.
Rauthe recommended the following:
Board of Adjustments -Isabelle Mattson
Conrad Mansion Board Re-Appointment-Norb Donahue
City -County Planning Board -Walter Bahr and Jean Johnson
No recommendation for the member -at -large
Kalispell Parking Commission -Margaret Lekander
Street Tree Commission -Steven Perrone
No recommendation for the other 2 Street Tree positions
Upon vote the motion carried.
HEARING THE PUBLIC
Scenic Byways
Claire Strickler, 192 Larch Lane, Columbia Falls, Scenic
Preservation Commission, offered to,answer any questions about the
resolution for Scenic Byways.
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Sale of Haven Field
David Thornquist, 132 Troutbeck Rise, Lakeside, Woods and Water
Realty, regarding the Haven Field bid, encouraged the Council to
expedite the process for discussions about the sale of Haven Field
as his client is still very interested and on a strict time line.
72 Hour Parking Limit
Kennedy read a letter from Wanda Poor, regarding the 72-hour
parking limit, and then requested it be addressed at the next work
session.
Resolution 4303 Woodland Court Change Order
Mike Fraser, Thomas Dean and Hoskins, explained that Exhibit A, a
change order on behalf of A-1 Paving, was to cover additional
materials, as provided for by the contract, and utility work which
had not been included in the A-1 Paving contract but was included
in the overall budget for the project.
Atkinson moved Resolution 4303, a resolution to alter and amend the
contract with A-1 Paving on the Woodland Court Project, MT Home
M94-SG300117/MT-CDBG-94HR-06.. The motion was seconded.
There was discussion.
The motion carried upon roll call vote with Atkinson, Collins, #'
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4307-Teton Terrace Change Orders
Mike Fraser explained the construction of Schedule I and II took an
extreme amount of time to complete on the Woodland Court Project.
Forty-three working days were allowed to NuPac by contract, but
they completed the project in 122 working days. Due to this delay,
the City incurred additional engineering fees for the NuPac portion
in the amount of $8,635.80 for Schedules I and II. A-1 Paving's
Schedule III improvements were also delayed, causing additional
engineering costs of $3,240.53. The engineer recommends assessing
the above fees to the respective contractors. This is a recovery
of actual damages rather than liquidated damages.
Larson moved Resolution 4307, a resolution to alter and amend the
contract with Thomas, Dean & Hoskins, Inc. on the Woodland
Court/Teton Terrace Projects. The motion was seconded.
There was discussion.
Kennedy moved to table this item until January 21, 1997. The
motion was seconded.
The motion carried unanimously with a vote and was tabled.
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Ordinance 1254-Proposed Zoning Text Amendment to Allow a Second
Dwelling in R-4-2nd Reading
This is the proposed zoning change that will allow a second
dwelling in R-4 zoning districts.
This has been discussed at two previous meetings.
Larson moved Ordinance 1254, an ordinance amending sections
27.07.020, 27.22.020(2), and 27.26.50(52) of the Kalispell Zoning
Ordinance, (Ordinance No. 1175), by adding "accessory single-family
dwellings" as a conditionally permitted use in a Residential, R-4,
Zoning District; and to reference this addition of accessory
single-family dwellings in the supplementary regulations section on
accessory uses; and establishing a parking requirement of two
spaces for the accessory single-family dwelling, and to provide an
effective date. The motion was seconded.
Rauthe referred to a letter from Brian Wood, Associated Planning
Consultants, encouraging favorable vote from the Council.
There was discussion.
Donahue moved to table this until the next regular scheduled
meeting. The motion was seconded.
The motion carried and was tabled with Collins, Donahue, Granmo,
Haarr, Larson, Nystul and Rauthe voting in favor and Atkinson and
Kennedy -voting against.
Ordinance 1256-Stop Signs-2nd Reading
Kennedy moved Ordinance 1256, an ordinance approving the placement
of stop signs at intersections of 7th Avenue West North and West
Wyoming; West Arizona and 5th Avenue West North; 13th Avenue West
and 7th Street West; 1st Avenue East North and Railroad track; 3rd
Avenue East North and railroad track; Albina Street and Woodland
Avenue; Parkway and 4 Mile Drive; 1st Avenue West and llth Street
West, establishing a penalty, and declaring an effective date. The
motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4308-Create Airport Authority/Haven Field Sale
City Attorney Neier submitted a memo after receiving his answers
from Mae Nan Ellingson, Bond Counsel, concerning both the sale of
Haven 'Field and the Airport Authority. Krepps recommended Council
authorize the third advertising of the offering for Haven Field and
to reconsider the Airport Authority transition. If the City
creates the Authority, the City will not have the capability to
finance the airport improvements by TIF funding.
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He felt the City would complete all projects, through TIF, and upon
completion of these improvements, the City would then turn the
airport over to a Commission/Authority at that time.
There was discussion.
Atkinson moved to authorize the re -advertisement of Haven Field
without setting minimums, but requiring 5% earnest money from
prospective developers. The motion was seconded.
There was more discussion.
The motion carried unanimously.
Nystul moved the City attorney and manager prepare a draft of a
resolution to create a commission for the next work session as well
as a recommendation on proceeding for a grant from Montana
Aeronautics for fencing or whatever the Advisory Board feels is our
most pressing need. The motion was seconded.
Donahue and Haarr spoke in favor.of the motion.
The motion carried unanimously.
Resolution 4309-Intent to Create West Side Urban Renewal TIF
District
The City has been working with a developer for the past several
months in determining the potential development and redevelopment
of the Gateway Mall area. The developer is Westfield Properties,
Inc. and the Woodbury Corporation as a joint developer. Both of
these firms are headquartered in Salt Lake City and are very
active, well established, and have a good reputation for their
developments.
A letter was received from Mr. Richard Mendenhall, Manager of
Woodmen Properties, that outlines their interest, history, and
proposal. The letter includes the estimated investment could
result in a market value increase to approximately $22,000,000 on
property which is currently assessed at $7,857,378. This
investment should generate a labor force estimated at 900 to 1,000
to support the improvements.
The Council, by a Resolution of Intent, needs to establish an urban
renewal district in the western portion of the City. Staff
submitted a map that basically follows the Neighborhood Plan as
their recommendation. Timing is very important for the developer.
This developer must enter into irrevocable agreements to complete
purchase of some of the property within this area by January 31,
1997. The developer requests that the Resolution be completed no
later than January 13.
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Krepps expressed it would continue the goal to strengthen the City
tax base, to assist in retainage of existing jobs, to enhance the
potential to increase jobs, and he recommended that Council
expedite the approval for an urban renewal area that will include
the area requested by the developer.
There was discussion.
Larson moved Resolution 4309, a resolution finding that an area of
blight exists within the area of the North Meridian Neighborhood
Plan (Exhibit "A") and an additional area described in Exhibit "B"
and that rehabilitation, redevelopment or a combination thereof,
within such area is necessary in the interest of the public health,
safety, morals or welfare of the residents of the City of
Kalispell. The motion was seconded.
Larry Gallagher and Richard Mendenhall answered questions.
Nystul and Haarr spoke in favor.
Haarr moved to amend the motion to amend the boundaries by drawing
a line across West Colorado over to Meridian across over to the B-1
back down to Two Mile then on out to just the east side of
f Greenbriar then down behind the Gibson Addition, Appleway down to
1"t street and back up around the fairgrounds. The motion was
seconded.
There was discussion.
Atkinson, Rauthe, Kennedy and Larson spoke against the amendment.
Public Works Director Bob Babb felt potentially there would need to
be 1 to 1 1 million dollars worth of storm drainage that would have
to come from somewhere, maybe bonding would do it, a storm drain
district that would encompass the whole northwest side of town to
pay for the bond.
The amendment failed with Granmo, Haarr and Donahue voting in favor
and Kennedy, Collins, Atkinson, Larson, Nystul and Rauthe voting
against.
The amended motion carried upon roll call vote with Atkinson,
Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe
voting in favor.
There was more discussion.
Kennedy moved the staff be directed to enter into negotiations with
Woodmen Properties for the purchase of a property in the downtown
Tax Increment District. The motion was seconded.
The motion carried unanimously with a vote.
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Resolution 4310-Scenic Byways
Chris Moritz requested Council consider formal support to establish
a Montana Scenic Byways Program.
Kennedy moved Resolution 4310, a resolution to establish a Montana
Scenic Byways Program; and to declare an effective date. The
motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4311 Vista Development Annexation
The Kalispell City -County Planning Board and Zoning Commission held
a public hearing at the December 10, 1996 meeting. They considered
a request by Vista Construction for annexation into the City of
Kalispell and initial zoning from County R-4, a Two -Family
Residential District, to City R-3, a Single Family Residential
District. The property proposed for annexation is a subdivision
located south of Sunnyside Drive approximately 500 feet and a 60
foot wide roadway easement directly west of Ashley Creek which
provides access to the property. The area to be annexed will be
known as Lonepine View Estates, a residential subdivision
containing approximately 9.4 acres.
Collins moved Resolution 4311, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, Lonepine View Estates, Lot 2 of
Subdivision No. 117 and road easement located in Section 19,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
to be known as Lonepine View Estates; and to declare an effective
date. The motion was seconded.
There was discussion.
Donahue spoke against the motion.
Haarr called for the question.
The motion carried upon roll call vote with Atkinson, Collins,
Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor
and Donahue voting against.
Ordinance 1257-Initial Zoning -1st Reading
Larson moved Ordinance 1257, an ordinance to amend Section
27.2.010, official zoning map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning property known as Lonepine View
Estates, Flathead County, Montana(previously zoned County R-4, Two -
Family Residential), to City R-3, a Single -Family Residential
District, in accordance with the City -County Master Plan, and to
provide an effective date. The motion was seconded.
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With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4312-Appleway/Two Mile Drive Annexation
The Planning Board and Zoning Commission held a public hearing at
their meeting of December 10, 1996. They considered a request by
Flathead County Commissioners for annexation of certain properties
known as Appleway Drive and a portion of Two Mile Drive into the
City of Kalispell and initial zoning. Various zoning districts are
proposed consistent with the zoning of personal properties located
north and south of the centerline of these roadways. They forward
a favorable recommendation on an 8-1 vote.
Kennedy moved Resolution 4312, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, certain properties known as Appleway
Drive and a portion of Two Mile Drive annexation No. 277, located
in Sections 12 and 13, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana; and to declare an effective date. The
motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Atkinson moved Ordinance 1258, an ordinance to amend Section
27.02.0`10, official zoning map, City of Kalispell, Zoning
Ordinance, (Ordinance No. 1175), by zoning certain properties known
as a portion of Two Mile Drive and Appleway Drive, (presently zoned
Residential, Commercial and Industrial), to zone said property
consistent with the properties located north and south from the
centerline of said portion of Two Mile Drive and said Appleway
Drive, and to provide an effective date. The motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Montana League of Cities and Towns Resolutions
Krepps submitted the 25 resolutions received from the Montana
League of Cities and Towns that will be addressed by the State
Legislature and recommended Council support.
Nystul moved the Council support the League resolutions and direct
the staff to act accordingly. The motion was seconded.
The motion carried with a vote.
FOR YOUR INFORMATION
Next Work Session January 13, 1997 7:00 p.m.
Next Regular Meeting January 21, 1997 7:00 p.m. (Tuesday)
ADJOURN
The meeting was adjourned at 10:02 p.m.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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