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04/17/95 City Council Minutes747 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 17, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS, CITY ATTORNEY GLEN NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL City Manager Williams requested removing High School Parking Lot Phase II Sidewalks and discussing it at a future work session. Moses moved to approve the agenda with the removal of the High School Parking Lot Phase II Sidewalks. The motion was seconded. The motion carried with vote. Approve Minutes -April 3, 1995 Collins moved to approve the minutes. The motion was seconded. Nystul requested to add on page 746, under the 1st Street improvements, that he expressed his concern over the textured sidewalk and the one way from 1st Avenue East to 3rd Avenue East. The motion carried upon vote. Approve Claims per Payables Register Moses moved to approve the claims. The motion was seconded. The motion carried with a vote. Pledged Securities March 31, 1995 Larson moved to approve the Pledged Securities. The motion was seconded. With a vote the motion carried. ADDRESSING THE COUNCIL Tree City USA Award Bill Wright, 1104 1st Avenue East, presented the City with•the Street Tree USA award for the eighth year. He also explained the Arbor Day activities. Tennis Courts Bruce Lutz, Tennis Court architect, explained details of the tennis court project he thought may have been misunderstood. Carol Daley, Flathead Economic Policy Center, 15 Depot Park, introduced Mr. Keisuke Mahara, from Takamori Town, for whom she has been a host for the last year. Mr. Mahara presented the City of Kalispell, on behalf of Takamori Town, as a token of their gratitude, a Japanese calligraphy that said "a hope for more and stronger exchange" and wished the City of Kalispell success in all its activities. Mayor Rauthe thanked Mr. Mahara and Takamori Town. Greenhaven Subdivision Larry Parsons, 92 Hathaway Lane, stated Herbert and Norma Daniel asked him to deliver a notice of withdrawal in regards to the Greenhaven Annexation request, zone change request and subdivision application. He read the request. Tennis Courts Lil Laidlaw, 1260 Columbia Falls Stage, spoke in favor of the proposed tennis courts. 074 8 748 Larry Sanders, 42 Willow Drive, tennis coach, a(so spoke in favor of the tennis courts. Electrical Codes Eugene Thomas, 733 3rd Avenue East, spoke against Ordinance 1221, amending the building code and adding the electrical codes and requested it be -tabled until there is more input. Farmers' Market Ordinance Karen Fisher, 1225 Mooring Road, Columbia Falls, on behalf of the Farmers' Market, supported Ordinance 1224. PUBLIC HEARING Belmar Preliminary Plat The purpose of this hearing is to receive public comment concerning a request by Dennis Carver for Preliminary Plat approval to subdivide 7 acres of proposed R-4 zoned land into 27 Single Family/Duplex lots. The subdivision will be known as Belmar Addition. The property is located north of the South Meadows subdivision. Proponents None Opponents None Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS Ordinance 1221-Amend Building Codes and Add Electrical Code-2nd Reading This ordinance updates by reference the Building, Mechanical, Plumbing, Fire, CABO One and Two Family Dwelling, Abatement of Dangerous Building, Housing and Energy Codes. Also added by reference is the National Electrical Code which the City soon will be enforcing on behalf of the State of Montana. Williams and Staff recommended that Council adopt the ordinance as submitted. Larson moved Ordinance 1221, an ordinance to adopt, by reference, the "Uniform Building Code", 1991 Edition, the "Uniform Mechanical Code", 1991 Edition, The "Uniform Fire Code", 1991 Edition, the "Council of American Building Officials, One and Two Family Dwelling Code", 1989, Edition, with 1990 and 1991 amendments; The "Uniform Code for Abatement of Dangerous Buildings", 1991 Edition; The "Uniform Housing Code", 1991 Edition; The national Electrical Code, 1993 Edition; and the "Model Energy Code", 1989 Edition, with amendments; as the Building Codes of the City of Kalispell, and applicable to the jurisdictional area thereof; as adopted and approved by the Building Codes Bureau, Department of Commerce, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. There was discussion. Granmo and Larson requested the opportunity to receive input from the electrical contractors. With a roll call vote the motion carried. Ordinance 1222-Amend Zoning Text-RA-2-lst Read;`L+zg This ordinance would change the intent section tI the RA-2 zone by deleting the language "this district is intended for central and inner-city use and not for suburban use", and, add the language "to serve as a buffer between commercial and sW*,urban residential zones." The Planning Board considered the requ�isated amendment and voted to recommend denial to the City Council. 0749 749 This subject received considerable debate at the last work session including concerns about the density allowed within the zone, its application in a suburban setting and discussion concerning the definition of central and inner city as used in the intent section of the RA-2 zone ordinance. Williams' concerns regarding density and/or zoning code are no longer necessarily valid with only one annexation bill passing the legislature; his concern had diminished considerably. Williams suggested that Council leave the ordinance concerning the RA-2 zone as is and either table or defeat the ordinance. Nystul spoke in favor of tabling the ordinance so as to be able to talk with David Greer, drafter of the zoning ordinance, to find out what densities would be allowed with the RA-2 and where in the city it should be allowed. There was discussion. Kennedy agreed with Nystul. Kennedy moved to table the ordinance. The motion was seconded. The motion carried with Atkinson, Granmo, Moses and Rauthe voting against. Ordinance 1223-Prohibit Jake Brakes -1st Reading Over the last few years residents of north Kalispell, particularly those living in Buffalo Hill Terrace and along North Meridian, have complained about the noise made by semi -truck Jake brakes as they descend the hill into town. This ordinance would prohibit the use of air compression (Jake) brakes inside the city limits except for emergency purposes. Williams and Staff recommended that Council adopt the ordinance. Collins moved Ordinance 1223, an ordinance of the City of Kalispell, Montana prohibiting the use of Jake brakes on the streets, alleys, highways, and bridges of the City of Kalispell, Montana, and declaring an effective date. The motion was seconded. The motion carried with a roll call vote. Ordinance 1224-Farmers' Market Amendment -1st Reading Ordinance 1224 amends the City's Farmers' Market policy by deleting in Section 2, the language "made and/or grown within Northwest Montana counties may be sold or bartered in such a market; barter or sale therein of meat, milk and/or milk products, canned or processed foods is prohibited." And replacing it with "other items approved for sale by the City -County Health Department, made or grown in Flathead and/or Lake County, may be sold in said Farmers' Market". The ordinance is further amended by striking the term Flathead County Health Department and replacing it with City -County Health Department. The change with this ordinance will now allow vendors of the Farmers' Market to sell certain meat products if authorized by the Health Department. Williams and Staff recommended the amendment to Council. Kennedy moved Ordinance 1224, an ordinance revising Ordinances 823 and 857, (Farmers' Market), and declaring an effective date. The motion was seconded. Upon roll call vote the motion carried. Resolution 4202-Belmar-Annexation The purpose of this resolution is to allow for the annexation of a 7 acre tract of land located north of South Meadows subdivision. This resolution also assigns an initial zoning classification of R- 4 Two Family Residential. The Planning Board held a public hearing and recommended that the property be zoned R-4 upon annexation. Williams and Staff agreed with the Planning Board recommendations and recommended favorable consideration of Resolution 4202. 07 -0 750 Atkinson moved Resolution 4202, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, a tract of land described in Exhibit "A", to be known as Belmar Addition No. 261; to zone said property Two Family Residential, R-4, to amend the City Zoning Map accordingly and to declare an effective date. The motion was seconded. The motion carried with a roll call vote. Resolution 4203-Belmar-Preliminary Plat . This is a request from Dennis Carver for Preliminary Plat approval to subdivide 7 acres of R-4 zoned land into 27 single family/duplex lots. The subdivision will be known as the Belmar Addition. The property is located north of the South Meadows subdivision. The Planning Board held a public hearing regarding the request with no one speaking in opposition to the proposal. Two written protests were received. The Planning Board recommended the approval of the Belmar Preliminary Plat with 14 conditions. During the last work session there was Council discussion concerning the construction standards for public improvements to be met by the developer. Some believed that the subdivision should be built to a more rural standard while other Council members believed that regular City standards should be required. Staff's opinion is that the subdivision should be built to City standards and the same is true with the Planning Board's recommendation. Williams and Staff recommended that Council accept the Planning Board's recommendation and approve the Preliminary Plat with the 14 conditions. Kennedy moved Resolution 4203, a resolution approving the preliminary plat of the subdivision of Tract 14CA and part of 1K in the NE 1/4 of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. There was discussion regarding the 50 ft. setback and high water , mark of Ashley Creek, affordability and street lights. Dennis Carver, developer, answered questions. Nystul moved to amend Condition 14 to establish the setback at 30 feet and delete the language that says "in accordance with the Flathead Conservation District regulation". The motion was seconded. There was more discussion. With a vote the amendment carried with Moses voting against. Nystul moved to amend Condition 4 by deleting the requirement for curb, gutter and sidewalk. The motion was seconded. There was discussion. Collins, Atkinson and Moses spoke against the motion. Larson and Granmo spoke in favor of the motion. Upon vote the amendment failed with Larson, Nystul, Haarr and Granmo voting in favor. There was discussion about the thickness of pavement that is used on city streets. Kennedy moved to amend Condition 8 to be built to City of Kalispell standards and paved with 4 inches of asphalt. The motion was seconded. Granmo, Larson and Haarr spoke against the amendment. Moses spoke in favor of the amendment. 751 The motion carried with Nystul, Larson, Haarr and Granmo voting against. Upon roll call vote the amended motion carried with Nystul voting against. Resolution 4204-Intent to Create SID The purpose of this resolution is to express the City's intent to create a Special Improvement District for the purpose of extending a sanitary sewer main with services to the property located on 5th Avenue East beginning at 14th Street East and continuing south to the city limits. This resolution also schedules a public protest hearing for May 15th. At the work session of last week Council discussed the status of those property owners surrounding the SID but who are outside the city limits and it was determined that none of the 14 property owners at this time appear to be interested in participating in the district. This situation promoted the discussion about the possibility of imposing penalties on any late comers who desire hooking into the system at a future date. One of the options in regard to this situation was the possibility of the City paying a share of the cost of the project proportionate to what it would have cost the outside city property owner to join the SID today. This option would reduce the individual cost to each SID participant by shifting a portion of the total project cost to the late comers through the City and its resources. The City would then recover its investment over time as each late comer requests sewer service. This option appears to be the only method by which the participants of the SID can benefit from late comer penalties. Moses moved Resolution 4204, a resolution of intention to create Special Improvement District No. 341. The motion was seconded. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL Proclamations Mayor Rauthe proclaimed April 28, 1995 as Arbor Day and May 4, 1995 as Day of Prayer. Rauthe invited everyone to the 5th annual Mayor's Prayer Breakfast on May 4 at 6:20 a.m. at the Outlaw Inn. KDC Luncheon Moses reminded everyone of the KDC luncheon on Tuesday and noon at the Outlaw Inn. Police Chief Vehicle Haarr questioned why Chief Clark took the City Staff car to Quantico, Virginia while attending the FBI Academy, rather than flying and renting a car for three months. Williams stated he took the vehicle that is assigned to him and he felt Clark would need transportation while being there. The City is being reimbursed for the cost of an airfare. Williams felt it was the proper thing to do rather than rent a car for three months. Friends of Lawrence Park Collins stated he had attended a spaghetti dinner on this date sponsored by the Friends of Lawrence Park. They gave a progress report and he encouraged them to notify the city manager or mayor to give the same to Council at an upcoming work session. BUSINESS FROM MANAGER Birk/Greenhaven Annexation -Schedule Public Hearing Due to the request earlier in the evening by the applicants to withdraw their application this issue was not addressed. City Attorney Neier will research this. v () 7 752 nvia.iawcaa, raaalL.w& l.G7LG/DULLQIV %.vlluuVlls-0CA(?QUle YUDllc Hearing Williams requested Council's authority to schedule and publish notice of a public hearing for Northwest Health Care PUD for May 1st. Collins moved to set the public hearing for May 1st for Northwest Health Care PUD. The motion was seconded. The motion carried with a vote. Gateway Orchard Villas -Schedule Public Hearing . Williams also requested Council's authority to schedule and publish notice of a public hearing for the re -subdivision of Gateway Orchard Villas for May 1st. Haarr moved to schedule and publish notice of a public hearing for the re -subdivision of Gateway Orchard Villas for May 1st. The motion was seconded. The motion carried with a vote. High School Parking Lot Phase II -Sidewalks This item was removed from the agenda at the request of the city manager. Bid Recommendations Peterson. School Alley Surplus Property Sale One bid was received for the purchase of the small parcel of City owned property located at the entrance to the Peterson School alley off of Meridian Road. The bid received from the Schreiners was in the amount of $1.80 per square foot for 1,263.24 square feet of property. As noted by the survey map the Schreiners did not bid on the entire parcel. If their bid is accepted a very small unusable track of land remains in City ownership. Williams noted if the property is sold, the entire parcel should be sold. He thought that this was the Council intent at the time Council agreed to sell it. The remaining parcel appears to contain approximately an additional 400 square feet which at the bid price of $1.80 would cost the Schreiners an additional $720.00. Williams recommended that the Schreiner offer of $1.80 per square feet be accepted, however, requiring the Schreiners to purchase the entire parcel. The actual size of the parcel is to be determined by survey. Further, the Schreiners must agree to sign an agreement to pave the full width of the alley (113.26' X 20' ) when the other property owners abutting the alley agree to do so. Collins moved for Council to respond with a counter offer of $1.80 per square foot as agreed to but the purchaser be required to purchase the entire parcel, but they agree to sign an agreement to pave only 1/2 width of the alley, 113.26 X 10. The motion was seconded. There was discussion. City Attorney Neier noted there was a legal ad, it would be necessary to stay with what the ad was for or else re -advertise. Haarr withdrew his second and Collins withdrew his motion. Leslie Schreiner stated when the property was surveyed it was more than they thought and would be more money than they really wanted to spend. However, she said they would be agreeable to purchasing the entire parcel. Atkinson moved to authorize the city manager to sell the property and enter into an agreement with the Schreiners as per the understanding of the Council. The motion was seconded. The motion carried with a vote with Collins voting against. 0 f 58 753 Tennis Courts Bids were opened on April 13, 1995 and a memo was received from Bruce Lutz summarizing the bid results for the 8 court tennis complex. Two bids were received as follows: NuPac A-1 Paving Base $166,500 * $241,000 Add Alt. 1 4,000 * 5,000 Add Alt. 2 7,000 * 8,000 Add Alt. 3 91000 * 12,000 Add Alt 4 462 500 The Lutz memo included a description of the items of work included in each of the four Add Alternates. The memo also included a site layout plan for the 8 court complex. The City's budget for the project includes $120,000 in TIF, $24,000 contribution from FVCC and a $5,000 contribution from the Kalispell Tennis Association for a total of $149,000. Williams reminded Council that the budget estimate was based on the construction of 4 courts and when the decision was made to build 8 courts the budget appropriation was never increased to allow for the additional four courts. The project architect Bruce Lutz and the Community Tennis Court Planning Committee recommended that the contract be awarded to NuPac in the amount of $185,600 which includes the base bid of $166,500, $4,000 Add Alt. 1, $7,000 Add Alt. 2, and $9,000 for Add Alt. 3. If the City awarded the $186,500 contract the project would be short $37,500. Williams noted that since the original objective was to replace 4 tennis courts for a cost of $120,000, if the City doubled the number of courts to 8 for an additional investment of $37,500, the City should do it. Williams recommended Council award the bid to NuPac in the amount of $186,500 with $157,500 to come from the TIF budget. Haarr moved to award the bid to NuPac in the amount of $186,500 and add the shortfall of $37,500 from the tax increment fund as agreed, and would encourage the contractor to complete by late June so the State Tournament can be hosted in July. The motion was seconded. Kennedy abstained from discussion and vote. The motion carried upon vote. STAFF REPORTS Goal Setting Work Shop April 22, 1995 8:30 a.m. Next Work Session April 24, 1995 7:00 p.m. Next Regular Meeting May 1, 1995 7:00 p.m. ADJOURN The meeting was adjourned at 9:55 p.m. (: / � P-,,c4,; �, - Dougl s D. Rauthe, Mayor ATTEST: Debbie Gif o CMC Clerk of C Approved 5/1/95