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04/18/94 City Council Minutes0644 644 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 18, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -April 4, 1994 Approve Claims per Payables Register Pledged Securities 3/31/94 Moses moved to approve the consent agenda. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL Tree City USA Award Bill Wright, 1104 1st Avenue East, Street Tree Commission member presented the City with the Tree City USA Award from the National Arbor Day Foundation. He noted Kalispell also received the Growth Award. Mike Baker, Parks Director accepted the awards on behalf of the City. PUBLIC HEARING Kalispell Airport Neighborhood Plan Norm Kurtz, Montana Pilots Association President, felt the airport could be run minimally and was in favor of appointing a volunteer Airport Board, which would create a safety plan, mission statement, an operating plan and a revenue plan. Rich DeJana, 422 Summit Circle, representing Kalispell Youth Soccer, passed a letter to Council and then highlighted the contents. He would like the Council to make a decision on the airport as soon as possible so everyone can begin planning and moving along. He x:equc-trF'. formed. to look :-i•a, :he adult and "e.,,u t , � C mm1*;;; ty, Gilbert Bissell, owner/manager of Ac�3 Inn, 1830 Hwy 93, has done several surveys and the results have shown many businesses receive significant impact from the airport users. Nick Haren, Chamber of Commerce, spore in support of the Airport Neighborhood Plan and encouraged the pursuit of implementation of the plan. David Downey, 344 6th Avenue E�St, Glacier Eagles Soaring Club, said the club is willing to contribute funds so to make the airport more safe for gliders. Richard Kuhl, 867 North Main, asked several questions for Council to think about: 1. Is an expanded airport catering to more and perhaps larger airplanes within the c',t.Q. 1 i.m4.tn that is doing to be. the long term best interest of the city? 2. If we did not have'an airport now, would you pick that location to locate cane? 3. Is it really in the best .interest of the r, � .; y to spend a 'rill ion dollars in expansion and improveinent cf Lhe airport when we have a lot of other needs, in roads and parks in this city? 4. If the airport is improved will it become truly self sufficient economically? He suggested the City ought to think about instituting a local tax or fees to capture some of that money so that the airport is truly self sufficient and not lay the burden on all the taxpayers in the City of Kalispell. .64`5 I 645 Jan Anderson, Bigfork area, 99's member, an international group of female pilots, local chapter in Montana, spoke to some fellow members and they said that if they had to land at Glacier International Airport and rent a car they simply would not come to Kalispell. Jim Lynch, 430 Lake Hills Lane, referred to his letter of 3/28. He spoke in support of the airport to remain open. He felt the most important thing in the Airport Neighborhood Plan was the overwhelming support of the neighbors that surround the airport. They are the most that would be effected and they are very much in favor of keeping the airport open. He supported and encouraged adoption of the Neighborhood Plan. Mike Strand, Strand Aviation, reviewed several scheduled upcoming events at the airport. He did not feel the users could continue to provide an airport for the City. He noted it is a public facility and would like to see the plan adopted in principal and concept and work on the details as years go by. Mike Ferguson, Administrator of the Aeronautics Division, Montana Department of Transportation in Helena, noted his department is a regular user of the airport. He encouraged the Council to give serious thought as to ways to keep the airport open. Ken Madsen, 673 1st Avenue West North, representing Kalispell Youth Sports, would like Council to come up with a professional plan to consolidate the sports fields. Arley Rasmussen, who had attended a council meeting many years ago on this same issue, was in support of keeping the airport open and encouraged a plan. Bill Truax, President of the Experimental Aircraft Association, referred to a letter he sent. He suggested and supported a 5-man Board run the airport. Archie Ackey supported youth activities at the airport. John Stephan, 1250 Burns Way, Past President Montana Pilots Association.,, felt the sports fields were in the wrong place if .'Ie airport wasn't there. Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS ordinance 1206-Yachechak Zone Change-2nd Reading The City has been requested by Ken Yachechak to consider a zone change for approximately .8 acres he owns from B-2 (General Business) to I-1 (Light Industrial). The property is located generally 400 feet south of U.S. Highway 2 and east of Meridian. The Kalispell Master Plan designated this area as Light Industrial and anticipates industrial uses. The surrounding uses are also compatible with the proposed I-1 zone. The Kalispell Planning Board held a public hearing on this request with only the applicant providing testimony. The Planning Board recommends this zone change request and Staff concurred with the recommendation. L206, an ordinance t� amen 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning a tract of land located in the southwest 1/4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, (previously zoned B-2, General Business), I-1, Light Industrial, in accordance with the City/County Master Plan, and to provide an effective date. The motion was seconded. There was discussion. The motion carried with a roll call vote. 6 , -f)" 646 Ordinance 1207-Zoning Ordinance Text Amendment to the B-1 Zone-2nd Reading The City has been requested by Doug Johns of Mountain Paging Network to amend the text of the B-1 zone. The B-1 zone does not currently allow telecommunication companies and/or radio common carriers with ancillary antennas as permitted or conditional uses. Mr. Johns is interested in moving his paging business to 13 East Oregon Street, which is zoned B-1. The issue involves allowing this type of use with an antenna in the B-1 zone. The applicant has requested that telecommunication companies and/or radio common carriers with ancillary antennas be permitted as a conditional use. The Planning Board considered the applicant's request following a public hearing where no one spoke in opposition. The Board's recommendation on a 4-3 vote is to allow telecommunication companies and/or radio common carriers with ancillary antennas as a conditional use in the B-1 zone. During Council's last work session the request received considerable discussion which concluded with a directive to modify the language approved by the Planning Board to restrict the height and size of antennas allowed as conditional use in the B-1 zone. Ordinance 1207 includes the modified language and reads "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet". Larson moved Ordinance 1207, an ordinance amending Section 27.13.030 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by expanding the list of conditional uses in a Neighborhood Business, B-1 Zoning classification to include "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet" as a conditional use, and declaring an effective date. The motion was seconded. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL Proclamations Mayor Rauthe proclaimed April 23-29th as "National Infant Immunization Week", April 29th as "Arbor Day", April 29th as Arbor Day including the dedication of the Community Arboretum at Flathead Valley Community Col.le'F-, iwa e:aymand C. Gardner, ,:May 3rd as "National Teacher Jay", May 5,ch as "Day of Prayer" and April 25-29th as "Chamber of Commerce Week". EIS Kennedy noted that EIS will be receiving comments concerning the highway until May 6th. Public Works Kennedy complimented the Public Works Staff for good work preparing the roads on the west side for paving. Aviation Videos Larson informed Council he has the -aviation videos if anyone else would like to view them. BUSINESS FROM MANAGER Design Concopt Cont _..,. Ross Plambeck explained the Norwest Bank Drive -Through Expansion and the Avenue of the Arts Project. He also explained the proposal submitted by Bruce Lutz consisting of the total design contract, bid documents and construction supervision fees amounting to $4,460.00. Williams requested authority to enter into the contract with Bruce Lutz in the amount of $4,460.00. 0647, 647 Atkinson moved to authorize the city manager to enter into an agreement with Sitescape Association for the Avenue of the Arts not to exceed $4,460.00. The motion was seconded. There was lengthy discussion. Kennedy spoke in favor of the motion. The motion failed upon vote with Kennedy, Moses, Atkinson and Rauthe voting in favor. Goodale/Barbieri Secondary Loan Agreement Amendment For many months the City has been involved in negotiations with the Goodale/Barbieri Company concerning the Secondary Loan Agreement, specifically, the City has disputed the application of certain contract language used to calculate the City's interest in profit sharing over the life of the agreement. Williams reported that a compromise has been reached with the Barbieri Partnership, resulting in a clarification of the disputed provisions and an amendment to the Secondary Loan Agreement. Williams recommended that Council authorize the Mayor to sign the Third Addendum to the Secondary Loan Agreement. Kennedy moved to authorize the mayor to sign the Addendum to the Secondary Loan Agreement with Goodale and Barbieri. The motion was seconded. The motion carried with a vote. South Woodland Engineering Contract A proposed engineering contract with Thomas, Dean & Hoskins in a lump sum amount not to exceed $38,800. The purpose of the contract is to provide the City with a Preliminary Planned Unit Development report for seven acre site and a facility plan for the South Woodland area. The budget contains a $40,000 appropriation for the purpose and Williams and Staff recommended that Council authorize him to enter into the contract with Thomas, Dean & Hoskins for the specified engineering services. Atkinson moved to authorize the manager to sign the contract with Thomas Dean & Hoskin_ s in the amount of `"?" fit" . motion was :;,�sconded. There was discussion. Atkinson spoke in favor of the motion. There was more discussion. Larson called for the question. The motion carried unanimously. Authority to Bid -Airport Road Apartment Complex Susan Moyer submitted a memo requesting authority to seek construction bids for the 32 unit apartment complex planned for the City's Airport Road property. t-cl .authorize .the call ��_;,- complex. The motion was seconded. Kennedy spoke in favor of the motion. The motion carried upon vote. 1994 Overlay Project -Bid Recommendation Bids were opened last week for the 1994 Street Overlay Project. Two bids were received: 1) NuPac bid $498,970 and 2) A-1 Paving bid $539,600. Both bidders fully complied with specifications. 06 4,8 648 Williams and Staff recommended the award go to the low bidder NuPac in the amount of $498,970. Larson moved to award the 1994 Overlay Project bid to NuPac in the amount of $489,970. The motion was seconded. Kennedy abstained from discussion and vote. With a vote the motion carried. STAFF REPORTS Next Work Session 4/25/94 7:00 p.m. Next Council Meeting 5/2/94 7:00 p.m. ADJOURN The meeting was adjourned at 9:54 p.m. ATTEST: ry v`KQ ix f d- Debbie Gif Clerk of Council Approved 5/2/94 www'! D. - , Mayor 1