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01/21/92 City Council Minutes430 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, JANUARY 21, 1992, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Claims per Payables Register Approve Minutes -January 6, 1992 Atkinson moved the passage of the consent agenda. The motion was seconded and carried with a vote. ADDRESSING THE COUNCIL Micro Business Finance Program Traci Deglow, Northwest Montana Human Resources, made a presentation on the new Micro -Business Finance Program for small businesses. She passed out a summary of the program and a summary of the cash match and the benefit to the community if the City of Kalispell participated. Mayor Rauthe stated this would be addressed at a future work session. PUBLIC HEARING Goodman Zone Change Proponents Bill Goodman, 738 2nd Avenue East, spoke in favor of the proposed zone change. Opponents The following residents spoke against the proposed zone change: Joan Latimer, 635 Underhill Court Susan Marquardt, 621 West Arizona Ina Davis, 506 Arizona Mrs. Bill Dye, 1060 Meridian Warren Dobler, 609 West Arizona Eva Bair, 533 West Arizona Norma Little, 536 West Arizona Dan Brown, 532 West Arizona Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS Ordinance 1172-O'Neil Zone Change -Second Reading Larson moved Ordinance 1172, an ordinance to amend Section 5.01, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1110), by zoning Tract 3 of Section 17, Township 28 North, Range 21 West, Flathead County, Montana, (previously zoned Residential Apartment, RA-1) General Business, B-2, in accordance with the Kalispell City -County Master Plan, and to provide an effective date. The motion was seconded. With a roll call vote the motion carried unanimously. Ordinance 1173-Goodman Zone Chance -First Reading Williams. stated Lry. %rdinance wos.iti;l change the =jpvt�� of the subject properly frm i.t.s pro -sent 111-3 to an Rig-1. Ga De -ember 10, 1991 the ilia-Liag, Commission was presented the FRDO staff report on the Goodman request, which includes a positive recommendation. A public hearing followed with several neighbors speaking in opposition of the zone change. The neighbors' concerns regarded the possibility of increased traffic on West Arizona Street, they seemed to feel that, as a result of the zone change, the City could open West Arizona Street to Meridian Road. 1 1 1 r 431 The City does not have any short or long range plans to extend Arizona to Meridian nor does the city own any right of way. The Planning Commission has recommended approval of this zone change request. David Greer, Flathead Regional Development Office, stated if the zone change is granted, it does not necessarily mean that a project that would follow would be approved. A Conditional Use Permit would be required for a manufactured home park or a multi- family if requested. It would go to the Planning Commission for a public hearing and the final decision would be with the City Council as to whether that Conditional Use Permit would be issued or denied. If the applicant chooses to do condos, townhouses or manufactured home park, Subdivision Review would also be necessary and also the final decision would come from the City Council. The zoning is consistent with the Master Plan and the State does require that FRDO evaluate 12 statutory criteria, which was done and given the limited knowledge of what might be a future project, FRDO felt most of the criteria was positive and the recommendation was positive from the Planning Commission to the City Council. Kennedy moved Ordinance 1173, an ordinance to amend Section 5.01, Official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance No. 1110), by zoning Assessor's Tracts 6BQ, 6BI, 6BH and 6BG in Government Lot 1, Section 7, Township 28 North, Range 21 West (previously zoned Residential, R-3) Residential Apartment, RA-1, in accordance with the Kalispell City -County Master Plan, and to provide an effective date. The motion was seconded. Nystul asked Greer, "when we have the ordinance for a zone change, the 12 criteria from the Supreme Court, which we are to base our decision on, when we get into Conditional Uses, do we have greater latitude to make the decision? For example, we have substantial opposition from the neighbors, if a Conditional Use Permit were proposed such as a higher density than duplex which is a Permitted Use, does the opinion or concern of the neighbors carry a greater weight in the decision for a Conditional Use than it would in a zone change?" Greer stated with a subdivision there are 8 criteria and one is need and another is public opinion. Specifically in Subdivision Review there is a heavy burden in terms of what the neighbors think of it and they are notified. With a Conditional Use, it is a public hearing and landowners within 150 feet are notified and their input has great bearing on the outcome. Collins spoke in opposition to the motion. Greer stated a Neighborhood Plan is planned to begin for the area in the spring but is not sure how long it will take to complete. Atkinson and Larson spoke in favor of the motion. After more discussion Kennedy called for the question. Nystul spoke against the motion. The motion carried with a roll call vote with Collins and Nystul voting against. 432 Resolution 4031-State of Montana/Federal Urban Aid Project Kennedy moved Resolution 4031, a resolution adopting a construction agreement known as Federal Aid Project Nos. HES 1- 2(53)121, HES 1-2(54)122, and HES 1-2(55)121 by and between the State of Montana, acting by and through its Department of Transportation, and the City of Kalispell, a Montana Municipal Corporation, and authorizing the mayor to execute said agreement on behalf of the City Council of the City of Kalispell. The motion was seconded. Upon roll call vote the motion carried. Resolution 4032-Board of. Investment Loan Agreement Larson moved Resolution 4032, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The motion was seconded. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL Parking Advisory Board Appointments Mayor Rauthe recommended council approval of the appointments of Dottie Maitland and John McMillen to the Parking Advisory Board. Atkinson moved the appointments of Dottie Maitland and John McMillen to the Parking Advisory Board. The motion was seconded. The motion carried with a vote. City/County Planning Board Appointment Rauthe requested approval for the appointment of Jeff Ellingson to the City/County Planning Board, Member at Large. Kennedy moved the appointment of Jeff Ellingson to the City/County Planning Board as Member at Large. The motion was seconded. With a vote the motion carried. Centennial Grand Finale Dance Moses publicly thanked Mayor Rauthe for all his leadership, enthusiasm and work and all others who put in a lot of hours, work and planning in the very successful dance and for the year of Centennial events for the citizens of Kalispell. BUSINESS FROM MANAGER Revised Commercial Loan Agreement This agreement makes available $100,000 TIF and $500,000 from Norwest Bank to be loaned at an interest rate of 10.5%, loan applicant rate of 3% with the interest subsidy being 7.5%. The amended agreement increases the maximum loan amount from $25,000 to $40,000. The $100,000 TIF share of the program will now begin accruing interest , previously the funds were held in a non - interest bearing account. Williams recommended council authorize him to execute the agreement with Norwest Bank. Larson moved the city manager be authorized to execute said revised Commercial Loan Agreement with Norwest Bank. The motion was seconded. With a vote the motion carried. Burlington Northern Agreement An element of the construction of 1st Avenue East through the Tidyman's project requires the construction of a 60 foot railroad crossing. 1 1 1 `�3I �7 � :D J 433 It is Burlington Northern policy that the construction of such crossings will be done by Burlington crews with the construction material furnished by Burlington Northern. The design for this crossing requires rubberized material and the installation of proper crossing control devices. The agreement indicates the cost of the improvements to be a lump sum of $105,000, plus incidental cost associated with traffic control. As far as maintenance the city must pay $100 per AAR unit per year. (AAR- Association of American Railroads) This crossing will contain 46 of the AAR units. The city has been told by the railroad that this agreement is non-negotiable. The State Transportation Department and EDA indicate that it is ok to proceed with the portion of the project even though it would be without proper bidding. Williams requested authority to sign the agreement and send the check for $105,000. Kennedy moved the city manager be authorized to enter into an agreement with Burlington Northern railroad for the construction and maintenance. The motion was seconded. Upon vote the motion carried. Authority to Bid-Tidyman's Infrastructure Williams requested authority to bid the Tidyman's infrastructure project. Buck moved the city manager be authorized to bid the Tidyman's infrastructure. The motion was seconded. This does not include the underground utilities. Upon vote the motion carried. Water Warehouse Electrical -Bid Award Three bids were received for the water warehouse electrical. 1. Kalispell Electric $17,135.00 2. Powell Electric $14,986.00 3. Aero Electric $11,950.00 The Public Works staff is recommending the Aero Electric bid for $11,950.00. Williams concurred with the recommendation. Atkinson moved to authorize the city manager to enter into an agreement with Aero Electric in amount of $11,950.00. The motion was seconded. The motion carried with a vote. Police Officer Appointment Williams reported Chief Clark recommends the appointment of John Richard Parker as a patrol officer effective 2/2/92, replacing the vacancy created by the upcoming retirement of Lt. Young. He agreed with the recommendation. Collins moved approval of the appointment of John Richard Parker as police officer for the Kalispell Police Department. The motion was seconded. The motion carried with a vote. STAFF REPORTS Goal Setting Work Shop 1/25/92-Council Chambers 8 a.m. Next Council Meeting 2/3/92 7:00 p.m. �J3"1 434 ADJOURN The meeting was adjourned at 8:30 p.m. Douglad D. Rauthe, Mayor ATTEST: Amy H Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 2/3/92