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07/06/93 City Council Minutes0577 577 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, JULY 6, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMEMBF.RS ATKINSON, MOSES, BUCK, LARSON, KENNEDY, NYSTUL, COLLINS AND CITY MANAGER WILLIAMS WERE PRESENT. COUNCILMAN GRANMO WAS. ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes June 21, 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 Grandview Drive Kenneth Sampson, 81 Grandview Drive, across from Juniper Bend, had several complaints about the street in front of his house. He was concerned about the road being lowered by 6 feet in spots, the bad visibility from Grandview Drive going north, the slope of the road and the unsafe steep six foot bank. Mayor Rauthe noted the concerns will be addressed. Weekend Celebration Rich DeJana, 422 Summit Circle, noted the celebrations over the weekend of the County's 100th Anniversary and the 4th of July. On behalf of the citizens he knew, he thanked the Governments for letting them celebrate. PUBLIC HEARING Buffalo Head -Preliminary Plat Proponents Ernestine Anderson, 204 Columba, owner Doug Johns, 346 Ponderosa, President of Buffalo Head Homeowners Association and homeowner Lowell Anderson, 204 Columba, developer, answered questions from Council. Opponents Rich DeJana, attorney representing Glen and Cheryl Neier Paul Scott, 319 Harrison Boulevard Cheryl Neier, 317 Harrison Boulevard Gary Gustafson, 320 Harrison Boulevard Ina Herriges, 313 Harrison Boulevard Barbara Long, 316 Harrison Boulevard Diane Buck, 114 Ridgewood Drive Eleanor Carlson, 305 Harrison Boulevard Mayor Rauthe closed the public hearing. City Manager Williams noted he lives in the Buffalo Head area and City Attorney Neier lives in Parkway Terrace so there is some conflict on both sides of the issue. ORDINANCES & RESOLUTIONS Resolution 4107-Buffalo Head -Preliminary Plat The purpose of this resolution is to approve conditionally the Preliminary Plat of the Buffalo Head Subdivision of the Amended Plat of Lots 16-20. The FRDO Staff and Planning Board are recommending approval of the preliminary plat with 8 conditions. These conditions have been included and are a part of Resolution 4107. 578 Tom Jentz, FRDO Planner, explained how the setback was determined, and felt the applicant had met that. He also explained the relationship with the Master Plan. He explained how the Staff came up with their recommendation. He answered questions. There was discussion. Nystul asked Jentz to differentiate between the resolution approving the Preliminary Plat and the Conditional Use Permit, to distinguish what is intended to be accomplished with each of those. Jentz explained they are separate, but interwoven. The Preliminary Plat creates the two lots out of five, it also allows the construction or the footprints for a 5-plex and a 5-plex. To proceed with construction the Conditional Use Permit is required, and looks at the specific merits of the design of the lot -how high the structures would be, how many stories, the amount of parking, the additional setbacks that may or may not be required. If the Preliminary Plat is denied, the Conditional Use Permit has no standing. If the Preliminary Plat is approved, it would be approving footprints for buildings, creating lots, not approving the buildings themselves. The Conditional Use Permit is where we get into the site specific design standards of the structure. That is where you would put conditions if you chose to, on height, number of stories and parking. He answered questions and there was more discussion. Atkinson moved Resolution 4107, a resolution conditionally approving the Preliminary Plat of the subdivision of the amended Plat of Lots 16-20, Buffalo Head Addition #92, Section 6, Township 28 North, Range 20 West, P.M.M., Flathead County, Montana. The motion was seconded. There was more discussion. Kennedy moved to amend the motion to add another condition of _ Section 1 of the resolution, Item #8, "Lot 17 be abandoned and managed by the homeowners as common space area" and Item 4B to include the words "open green space and overflow parking". The motion was seconded. With a vote the amendment carried with Larson voting against. There was more discussion. Nystul spoke in favor of the amended motion. DeJana requested the definition of lot measurement, lot depth be read. Jentz read the definition. Larson spoke against the motion. The amended motion carried with a roll call vote with Larson and Collins voting against. Resolution 4108-Intent to Trade Certain Property Atkinson moved Resolution 4108, a resolution of intention to trade certain real property owned by the City of Kalispell for property owned by Carmin C. Timmreck. The motion was seconded. Williams explained several weeks ago Council authorized and awarded a contract to construct a gravity sewer main to bypass Lift Station #1, in the 1400 block of 1st Avenue West. The advantage of a gravity sewer bypass is the permanent elimination of a mechanical facility and the corresponding reduction in containing maintenance costs. 0'5 79 579 The new sewer main will run across the north edge of vacant tracts 8 and 8U owned by Mr. Carmin Timmreck, who is willing to provide the necessary 20' wide utility easement. In consideration for this easement the City proposes that the City exchange comparable square footage owned for the easement. This exchange of comparable square footage would square up Mr. Timmreck's property and provide the City with approximately 15' of additional right of way along the north edge of 18th Street. It is staff's recommendation that Council adopt the resolution to authorize the exchange. Upon roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL There was none. Mayor Rauthe called a 10 minute recess. The meeting resumed at 9:00 p.m. BUSINESS FROM MANAGER Buffalo Head Conditional Use Permit Ernestine Anderson has requested a Conditional Use Permit to allow the construction of a five unit townhouse complex on each of two lots described as Lots 16A and 18A of the Amended Plat of Lots 16- 20, Buffalo Head Addition located at 360-378 Ponderosa Street. The Planning Board and FRDO recommend that the CUP be granted with 9 conditions. These conditions are included in the FRDO Staff Report identified as Attachment "B". Atkinson moved to grant the Conditional Use Permit to include the wording, "Lot 17 be abandoned and managed by the homeowners as common space area" and Item 4B to include the words "open green space and overflow parking". The motion was seconded. Nystul spoke in favor of the motion. The motion carried with a vote. Burlington_ Northern Letter -Track Relocation/Abandonment A letter has been drafted to Burlington Northern Railroad concerning a proposed response to the railroad track relocation/ abandonment. It is the intent of the letter to let BN know of the City's plan to drop the concept of track relocation and or abandonment as an Urban Renewal project. City Manager Williams noted if Council approves of the content, a motion would be in order directing him to send the letter off to BN. Atkinson moved the Council authorize the city manager to sign and send the letter to Dennis G. Anderson regarding the track relocation and abandonment. The motion was seconded. Upon vote the motion carried. Staff Reports Williams reminded Council to read the Department Staff Reports and referred to several specifically. STAFF REPORTS Budget Work Session will follow this meeting Next Work Session 7/12/93 Next Regular Meeting 7/19/93 ADJOURN The meeting was adjourned at 9:17 p.n� Douglas D. Rauthe, Mayor ATTWf-,4_ Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 7/19/93