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03/15/93 City Council Minutes5 '4 1 1 543 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 15, 1993, 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 Minutes -March 1, 1993 Approve Claims per Payables Register Buck moved to approve the consent agenda. The motion was seconded. With a vote the motion carried. ADDRESSING THE COUNCIL Paul Palmer, Meridian Road property owner, requested the zoning ordinance be amended to "where any piece of property that had covenants prior to zoning changes allow an amendment where as the board may approve or disapprove any amendment to that particular area". Milt Carlson, 375 Grandview Drive, on behalf of the Citizens for a Better Flathead, commended the City Council for supporting the Daugherty Subdivision Bill #261 and requested further support for House Bill 408. He also invited everyone to the Bohemian 7 p.m. for an open house and to meet the of the Citizens for a Better Flathead. PUBLIC HEARINGS Zoning Ordinance Amendments Proponents None Opponents None Rauthe closed the public hearing. Grange Hall on Friday at directors and the members Gateway Orchard Villas -Preliminary Plat Proponents Mike Fraser of Thomas, Dean & Hoskins, representing the developer, spoke in favor of the preliminary plat. He requested the conditions of the preliminary plat be amended to only Alternative A as Alternative B has been dropped from the developer's plans. Opponents None Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS 1st Readings Ordinance 1184-Amend Zoning Ordinance Section 27.16.030 Moses moved Ordinance 1184, an ordinance amending Section 27.16.030, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The reason for this ordinance is to amend Section 27.16.030 Conditional Uses in B-4 Zone -Delete Restaurants as an incidental use. Reason -restaurants are allowed in this zone as a permitted use. The motion carried with a vote. 544 Ordinance 1185-Amend Zoning Ordinance Section 27.24 160 Larson moved Ordinance 1185, an ordinance amending Section 27.24.160, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The reason for this ordinance is to amend Section 27.26.160 Sign Code Violations -by deleting subsection 3 and renumber 4 & 5-Reason Section 3 is a duplicate of Section 1. The motion carried with a roll call vote. Ordinance 1186-Amend Zoning Ordinance Section 27.30.030 Buck moved Ordinance 1186, an ordinance amending Section 27.30.030, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Section 27.30.030 Hearings for Amendments -First paragraph Delete -The project site shall be posted indicating the time and location of the public hearing at least 10 days prior to the hearing date. Reasons - Posting of the site is not required by State law, the current method is ineffective, time consuming and a potential liability if overlooked. Same Section- Second paragraph -Delete the first three sentences beginning with the words "When the Zoning Commission"- and ending with the words "prior to the'hearing date". Replace the first 3 sentences with "The Zoning Commission shall forward to the City Council its recommendation on the proposed amendment to either the text or the Zoning District map. Based on the results of the Zoning Commission hearing, the Staff Report and Findings of the Zoning Commission, the City Council shall by ordinance render a decision to grant, amend or deny the requested amendment." Reason - The first sentence of the current text is unclear as to what happens if the Zoning Commission recommends denial of a zone change. The public hearing before the City Council becomes repetitious. The third sentence required a posting of the site which is ineffective, time consuming and a problem if overlooked. With a roll call vote the motion carried. Ordinance 1187-Amend Zoning Ordinance Section 27.37.010 Atkinson moved Ordinance 1187, an ordinance amending Section 27.37.010, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Section 27.37.010 Definitions -Sexually oriented business (c) Adult Cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features.. delete the word regularly. Reason - deleting the word regularly eliminates any question as to when nude dancing is and is not allowed per the Zoning Code. The motion carried upon roll call vote. Ordinance 1188-Amend Zoning Ordinance Section 27.24.070 Moses moved Ordinance 1188, an ordinance amending Section 27.24.070, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Section 27.24.070 Sign Area Allowance -Replace the present language with "The maximum sign area allowance for a particular property shall be calculated as per subsection (1) or (2) below unless otherwise specified in the chapter. Sign area allowances shall only be applicable to developed properties, and shall include all nonconforming signage for which permits have been issued per Section 27.24.150." Reason - The sign code has no link between existing nonconforming signs and new signage allowed by the Code. 545 Upon roll call vote the motion carried. Ordinance 1189-Amend Zoning Ordinance Section 27 37 010 Collins moved Ordinance 1189, an ordinance amending Section 27.37.010, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Section 27.37.010 Definitions by deleting definitions for lot depth; yard, corner side; yard front; yard rear; and yard side; and adding the definitions for lot front, lot rear; lot side; lot length and required yard be incorporated into the ordinance. The motion carried with a roll call vote. Ordinance 1190-Amend Zoning Ordinance Section 27.13.040, 27.14.040, 27.15.040 and 27.17.040 Atkinson moved Ordinance 1190, an ordinance amending Section 27.13.040, 27.14.040, 27.15.040 and 27.17.040, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Sections 27.13.040, 27.14.040, 27.15.040 and 27.17.040. It is recommended that the side corner setbacks of the following commercial B-1 through B-5 be reduced from 20' to 15'. The motion carried upon roll call vote. Ordinance 1191-Amend Zoning Ordinance Section 27.26.030 Moses moved Ordinance 1191, an ordinance amending Section 27.26.030, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. Williams explained the purpose of this ordinance is to amend Section 27.26.030 Off Street Parking by adding a new title "Location" which would allow parking within the front and side yard setbacks in the R-5 zone and B-1-5 zones. With a roll call vote the motion carried. Ordinance 1192-Ward Boundaries Kennedy moved Ordinance 1192, an ordinance amending Section 6-2 of the Kalispell City Code (Ordinance No. 1060) by re-establishing boundaries of the Wards of the City. The motion was seconded. The purpose of this ordinance is to adjust the City Council Ward boundaries consistent with the 1990 census. City Attorney Meier adjusted the boundaries so that each Ward contains a little over 2,900 residents represented in each of the City's 4 wards. Atkinson spoke in favor of the ordinance. The motion carried upon roll call vote. Resolution 4093-Gatewav Orchard Villas-Preliminary Plat Larson moved Resolution 4093, a resolution conditionally approving the amended preliminary plat of the subdivision of Tract Number 5 in the SE 1/4 NE 1/4 of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Gateway Orchard Villas is a proposed 19 lot residential subdivision zoned RA-1 located on an 8.3 acre tract of land north of Two Mile Drive between Meridian and Hawthorne Avenue. The Planning Board considered the request for the Preliminary Plat and recommended Council approve the Plat with 12 conditions including sidewalk along both sides of Yellowstone Street if it is built as per Option "B". Option "A" would have the subdivision served by the extension of Glenwood Street to Two Mile Drive, Option "B" would require the construction of Yellowstone Street to Hawthorne to serve the subdivision. 5 4� 546 City Staff and developers desire to see Option "A" selected as the best option. The resolution contains the conditions as recommended by the Board. Williams and Staff recommend that Council adopt the resolution approving the Preliminary Plat for Gateway Orchard Villas. Granmo moved to amend the resolution to modify it by striking reference to Alternate B as necessary. The motion was seconded. With a vote the motion carried. Nystul moved to amend Section 5 by inserting therein language that says the applicant shall install street lighting according to city standards as approved by the Director of Public Works. The motion was seconded. There was discussion. Upon vote the amendment carried. The amended motion carried with a roll call vote. BUSINESS FROM MAYOR & COUNCIL Proclamation Mayor Rauthe proclaimed March 14-20, 1993 as Camp Fire Birthday Week. Condolences Rauthe expressed the City's condolences to the family of Gene Phillips, who recently passed away. Rauthe said he was an outstanding citizen and contributor to the State of Montana for many years. BUSINESS FROM MANAGER Gateway Orchard Villas -Development Cost Sharing Thomas, Dean and Hoskins, the engineer representing the Orchard Villa developer, requested City participation in financing some of the project's off site improvements. Specifically the developer is requesting that the City participate in the extension of an 8" water main off their site to Kinshella. T D & H estimates the City's cost to be $4,950. Public Works Director Babb estimates the cost for this same element to be more like $3,400. The City is also being asked to pay for two storm sewer inlets and piping on Glenwood to discharge storm water into the 3' deep drainage ditch to be constructed by the developer. The T D & H estimate for this work is $6,800. Public Works Director Babb agrees with this price. The final request is for the City to pay for the cost of constructing Glenwood from the south boundary of the project to Two Mile Drive. T D & H estimates this cost to be $10,792. Public Works Director Babb estimates the cost for this element of the project to be more like $9,123. The total requested participation using the City's numbers is $19,323. Williams requested Council authority to allow the participation of the City in the off -site improvements to a total of $19,323. Public Works Director Babb explained the project on the map. There was discussion. Kennedy moved to authorize city participation of off -site improvements with regards to the water main and the storm drain, up to the limit of $4,950 for the water main and $6,800 for the storm drain. The motion was seconded. There was more discussion. With a vote the motion carried with Rauthe and Collins voting against. 0547 547 Larson moved for the city to participate in a cost sharing for the extension of Glenwood Drive to Two Mile Drive in the amount of $9,123. The motion was seconded. Nystul moved to amend the motion on the floor by adding that the council in consideration of the street right of way on the south end, concur with the manager's recommendation to exchange the lot on Hawthorn to the developer. The motion was seconded. The amendment carried with a vote. There was more discussion. The reason the council is voting on this is because of the unique nature of the alignment and the land exchange and that the council fully recognizes that they are departing from the established policies but that given the circumstances they think that it is in the best interest of the community and does not set precedent. Upon vote the amended motion carried with Kennedy, Buck and Moses voting against. Wastewater Treatment Plant -Change Orders 4 & 5 An addition to Change Order 5 extends the time for the work to be completed by 60 days. Change Order 4 includes $22,636 in additional work and Change Order 5 amounts to $25,112 for a total of $47,748. The total of all Change Orders for this project including 4 and 5 amounts to $122,906. Williams recommended Council adopt the Change Orders as submitted. Kennedy moved the Council authorize Change Orders 4 & 5 for the Wastewater Treatment Plant. The motion was seconded. Granmo abstained from discussion and vote. The motion carried upon vote. Authority to Bid Williams requested authority to proceed to bid on the following: 1st Avenue East Water Line Project, FY 93 Street Overlay Projects and Woodland Park restrooms. Buck moved the city manager be authorized to go to bid for the 1st Avenue East Water Project, the Street Overlay Project and the Woodland Park restrooms. The motion was seconded. After discussion it was agreed to delete 3rd Avenue West between Center and 2nd Street from the Overlay Schedule and reprogram it for sometime in the next couple years for reconstruction. The motion carried with a vote. STAFF REPORTS Work Session following this meeting with the County Commissioners. Next Regular Work Sessions 3/22/93 Hockaday 7:00 p.m. 3/29/93 7:00 p.m. Next Regular Meeting 4/5/93 7:00 p.m. ADJOURN The meeting was adjourned at 8:15 p.m. Douglas fj. Rauthe, Mayor ATTEST: Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 4/5/93