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A. Council Minutes - Regular Meeting November 17, 19971090 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 17, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, PAM KENNEDY, DUANE LARSON, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. GARY NYSTUL WAS ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Rauthe requested the addition of Item 9, Interlocal Agreement with Flathead County Agency on Aging/Eagle Transit. Haarr moved to approve the agenda with the addition. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting -November 3,.1997 B. Approval of Claims per Payables Register-$196,198.44 C. Authority to sign Morrison Maierle Agreement Council previously approved this project in conjunction with the under -grounding of the utilities at the KDC site. Approval is now needed of this contract for an amount of $8,809.00. This portion of the project will be able to move ahead. The utilities portion of the contract is being coordinated with the respective power companies and the Public Works Department. Design will be coming from the companies to the City to then design the alley improvements. D. Spring Creek Drainage Design Award E. Proclamation -Great American Smoke Out Day Mayor Rauthe proclaimed Thursday, November 20th as the Great American Smoke Out Day. Atkinson moved to approve the consent agenda. The motion was seconded. Donahue requested on page 1090 of the minutes from the last meeting, the addition of his inquiry of any agreement or memorandum of understanding with the Samaritan House relative to the project and requested one be obtained. (Addition made) Upon vote the motion carried. 1091 HEARING THE PUBLIC None PUBLIC HEARING The City has been awarded a $400,000 Community Development Block Grant for public facilities. These funds are to be used to assist in the construction of a new 35 bed shelter for the homeless on the west side of town. The City is anticipating three additional federal grants for the Samaritan House. When all of these grants are confirmed, there will be a total of $1,500,000 for the improvements. Improvements will include expansion of capacity, staff living quarters, single family transitional units, and rehabilitation and code compliance improvements for the Samaritan House. Proponents None Rauthe closed the public hearing. Resolution 4380-Budaet Amendment samaritan House Grant This procedure is required to authorize the receipt of these funds and the spending of the funds for the Samaritan House improvements. Kennedy moved Resolution 4380, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1997-98 budget adopted by the City Council for the CDBG Public Facilities Grant Program. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor. Snow Remaval Ordinance Amendments These ordinance amendments are the follow-up changes to the permanent ordinances. At the last meeting Council passed the emergency ordinances for the same controls outlined in these amendments. Krepps declared as of this date the official snow season is in effect. Krepps noted that the ordinance for sidewalk snow removal has a change in the time frame for removal of snow from the sidewalks located in the Central Business District. These sidewalks must have snow removed by 12:00 Noon each day that it snows. ��i�:X This seems to be the most effective way to be certain that these most traveled, and most exposed sidewalks, will be free from snow or ice accumulations. OrdinancA 1272-Am -nd Chapter 17, Section 76-Parking ReQuirements During Snow Season Event -1st Reading Larson moved Ordinance 1272, an ordinance amending Chapter 17, Motor Vehicles and Traffic, Kalispell Municipal Code by amending Ordinance No's 627, SS 2; 766, SS 1; authorizing the City Attorney to recodify Chapter 17, Kalispell Municipal Code in accordance with this ordinance; declaring an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor. ordinance 1273-Amend Chapter 240 Section 17-Duty to Keep Sidewalka Clean of Snow, Ice, Etc- 1 t Reading Larson moved Ordinance 1273, an ordinance amending Chapter 24, Streets and Sidewalks, Kalispell Municipal Code by amending R.O. 1947, SS 975; authorizing the City Attorney to recodify Chapter 24, Kalispell Municipal Code in accordance with this ordinance; declaring an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor. -. Qrdinance 1274-Am nd Chapter 241, Section 18-Pus ing Snow From Private to Premises Onto ,Strom -eta and sidewalks Policy -1st Reading Larson moved Ordinance 1274, an ordinance amending Chapter 24, Streets and Sidewalks, Kalispell Municipal Code by amending Ordinance No. 680, SS 1; authorizing the City Attorney to recodify Chapter 24, Kalispell Municipal Code in accordance with this ordinance; declaring an effective date. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor. Rar-n mendation for National Flood Services Bids On October 7th the City received bids for the National Flood Services property that the City now owns. The advertisement allowed bids to be submitted for the building only or the building and two lots used for parking. Separate bids for the lots only were not allowed. Two valid bids were received for the property. The bids submitted were: t A. William Lincoln, President of BL Steakhouse, Inc.- Building Only - $75,000 B. Phil Rygg - Building and out lots-$190,000 1093 The proposals were, as a normal procedure, submitted to the Kalispell Development Corporation, (the City's advisory board for development items). Their Executive Board and entire Board reviewed and discussed the proposals. Their unanimous recommendation was to reject the bids that have been submitted. The reasons discussed were: A. Neither Proposal submitted increased the density of the core area which is a major objective of the Downtown Urban Renewal Plan. B. Neither proposal furthered the general goals of the Urban Renewal Plan. C. Neither proposal added employment opportunities above those that already exist. D. Neither proposal met the previously established appraised and fair market value. E. Neither proposal increased the taxable valuation of the property. In addition to the above, it is also their belief that the property will become more valuable as the KDC site is developed by Irwin Davis in the next few months. This was the same logic that was used for the lots that are on either side of the new Rosauer's location. The City intends to re -offer those lots once the closing and architectural design for Rosauer's is completed and available for public review. Those lots will increase in value at that time. The Irwin Davis Agreement has-been signed. The building concept is still similar but will be a three story building. KDC strongly believes that this development will increase the value of the property. A letter of recommendation also was received from the KDC president, Lee Berger. The Board recommendation was reached without any direction or recommendation from the City staff. After hearing these discussions, Krepps concurred with the KDC recommendation to reject the proposals and re -offer the property next year after the development of Irwin Davis is underway. Haarr moved Council accept the Phil Rygg offer for the National Flood building and the two parking lots on Main Street in the amount of $190,000. The motion was seconded. There was discussion and Haarr and Donahue spoke in favor and Atkinson, Larson, Collins and Rauthe spoke against. Tom Weaver, KDC, spoke against selling the property at that price and noted if Council does not agree with the $330,000 appraisal, maybe another appraisal should be done. Gordon Pirrie, pointed out the property was appraised at $285,000 several years ago. 1094 There was more discussion. The motion failed with a vote with Haarr, Donahue and Graves voting in favor and Atkinson, Larson, Kennedy, Collins and Rauthe voting against. Ordinance 1276-Amendments to BuffaIa Commons Planned Unit Development -1st ReadiW A memo was received from the Site Review Committee and a memo from David Greer that requests a modification of the Development Agreement. This memo explains the technical change that is needed/requested. The City Manager and City Attorney reviewed the request and have compiled a change in the Development Agreement that corresponds with the recommendation of Site Review with two exceptions. Items 2 and 5 are not included. Item 2 is already covered within the agreement. Item 5 is not enforceable and should not be included. Atkinson moved Ordinance 1276, an ordinance amending Ordinance 1226 (Planned Unit Development, Buffalo Commons) by allowing the amendment of the declarations of covenants, conditions, and restrictions, Buffalo Commons (Retail/Commercial/Office) to include therein, Banks/Savings and Loans/Finance and Loan Companies, subject to certain performance standards. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor. Resolution 4381-Whitefish Stage Professional Park Revised Preliminary Plate. (Final Plat) Upon review of the memo and discussion with the City Attorney, Krepps concurred with the Planning Office recommendation to approve the revised preliminary plat for Whitefish Stage Professional Park. The subdivision agreements that have been approved by the City Attorney protects and assures the City that unfulfilled conditions of this platting will be complete. Kennedy moved Resolution 4381, a resolution approving the revised preliminary plat of the Whitefish Stage Professional Park, Flathead County, Montana. The motion was seconded. There was discussion about the fire hydrants. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor. 1095 Kennedy moved Ordinance 1275, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance 1175), by zoning property described in Exhibit A (previously zoned B-1 Neighborhood Buffer District), B-3, Community Business District, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor. Tn t-arl nra 1 AQreasman t- With Flathead County Agency on Aging Rauthe received the interlocal agreement from Flathead County Agency on Aging for the Eagle Transit Bus, which the City budgeted $10,000 assistance. Donahue moved to authorize the Mayor to sign the agreement with Flathead County Agency on Aging for the Eagle Transit Bus including the $10,000 assistance from the City. The motion was seconded. Atkinson abstained from discussion and vote. Upon vote the motion carried with Collins, Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in favor and Atkinson abstained. E FOR YOUR INFORMATION Airport Authority Meeting to follow this Council Meeting DBE Plan for Airport Next Regular Meeting December 1, 1997 7:00 p.m. ADJOURN The meeting was adjourned at 8:09 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMG/AAE Clerk of Council