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06/19/95 City Council Minutes0_ 78 773 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 19, 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, CITY ATTORNEY GLEN NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. CLIFF COLLINS WAS ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Moses moved to approve the agenda. The motion was seconded. The motion carried upon vote. Approve Minutes June 5, 1995 Atkinson moved to approve the minutes. The motion was seconded. The motion carried with a vote. Approve Claims per Pavables Register Moses moved to approve the claims. The motion was seconded. Upon vote the motion carried. ADDRESSING THE COUNCIL Glacier Drive -up Bank John McMillan, 258 Juniper Bend Drive, President Glacier Bank, spoke in favor of the proposed Glacier Drive -up Bank on Center Street, included in the Market Place Phase III project. Mick Blodnick, 475 3rd Avenue West North, Executive Vice President Glacier Bank, spoke in favor of the project. Mike Fraser, 300 Three Mile Drive, Thomas Dean & Hoskins, also spoke in favor of the project. Violence Shelley Cooper told about violence in Helena, of which she was a victim and encouraged the Council to take steps to make Kalispell a safe place for the upcoming Gay Pride celebration to be held in the next couple years. Stillwater River/Shady Lane -Master Plan Amendment The following spoke against the proposed Stillwater River/Shady Lane -Master Plan Amendment. Debra Hendrickson, 55 Ainley Lane Tom O'Neil, 735 Conrad Drive Ms. McIntyre, 402 Anderson Lane Jackie O'Neil, 735 Conrad Drive Charlene Lingstead, 440 Anderson Lane ORDINANCES & RESOLUTIONS Ordinance 1217-Pack Zone Change-2nd Reading (request withdrawn March 6, 19951 Ron Pack has requested a zone change from RA-1 to RA-2 for property he owns south of Two Mile Drive and west of Meridian Road. This matter was previously considered and passed a first reading. On March 6th Council scheduled a second reading of this ordinance and, at the request of Mr. Pack, canceled the second reading. Mr. Pack has since requested a second reading of this ordinance and therefore scheduled it for this meeting. This matter was considered by the Planning Commission and received no recommendation because of a tie vote. The primary concern was that the intent section of the RA-2 zoning ordinance states "This district is intended for central and inner-city use and not for suburban use." If approved, staff has requested a text amendment to delete reference to "central and inner-city" under the intent section of the RA-2 zone. (1774 774 Kennedy moved Ordinance 1217, —an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance 1175), by zoning properties located on the south side of Two Mile Drive approximately 1/2 mile west of Meridian Road (previously zoned RA-1, Low Density Residential Apartment), RA-2, High Density Residential Apartment, in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded. Nystul and Haarr spoke in favor of the motion. Moses, Larson and Rauthe spoke against the motion. Grano spoke in favor of the motion. The motion failed upon roll call vote due to a tie with Larson, Moses, Atkinson and Rauthe voting against. Ordinance 1222-Amend Zoning Text-RA-2-1st Reading (tabled April 17, 199 The purpose of this ordinance is to change the intent statement of the RA-2 zone to read as follows: "A residential apartment district to provide areas for multi -family use and compatible non- residential uses of high land use intensity". This district is intended to serve *as a buffer between commercial and suburban residential zones. This ordinance was considered by the Planning Board with the Board recommending against the proposed change offered by the ordinance. Nystul moved to remove from the table from April 17, 1995, Ordinance 1222, an ordinance amending Section 27.10.010, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The motion carried and therefore was returned to the table for consideration with Granmo, Moses and Larson voting against. Nystul, Haarr and Kennedy spoke in favor of the motion. The motion failed upon roll call vote due to a tie with Larson, Moses, Atkinson and Rauthe voting against. Resolution 4212-Intent to Adopt, Revise or Reject Stillwater River/Shady Lane -Master Plan Amendment The purpose of this Resolution is to acknowledge the intent of the City Council to either adopt, revise, or reject a recommendation from the Planning Board to amend the Kalispell City -County Master Plan. The amendment requested by Bill Lincoln would change the designation of approximately 240 acres located on the north side of Conrad Drive from Shady Lane to the Stillwater River and bounded on the west by Flathead River. The request would change the land use designation for this property from suburban residential to urban residential. The Planning Board recommended the denial of this request. Moses moved Resolution 4212, a resolution of intention to adopt, revise or reject a recommended amendment to the Kalispell City - County Master Plan. The motion was seconded. There was discussion about the date of the next Council meeting and consensus was to hold it July 10, 1995 at 7:00 and that date will be inserted into this resolution. The motion carried upon roll call vote. Resolution 4213-Church of Latter Day Saints -Zone Change and Annexation This is a request by the Church of Jesus Christ of Latter Day Saints for annexation to the City of Kalispell with a zoning classification of RA-1. 077 775 The parcel contains 4.5 acres located 500 feet north of West Reserve Drive on the west side of Whitefish Stage. The Planning Board held a public hearing regarding this request with no one speaking in opposition. The Planning Board recommends the property be zoned RA-1 upon annexation. Williams and Staff concurred with the Planning Board recommendation to approve Resolution 4213. Larson moved Resolution 4213, 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 L.D.S. Addition No. 264; to zone said property Low Density Residential, RA-1, to amend the City Zoning Map accordingly and to declare an effective date. The motion was seconded. Nystul and Granigo spoke in favor of the motion. With a roll call vote the motion carried. Resolution-4214-Marketplace Phase III -Preliminary Plat This is a request by Darrell Martin and James Chase for Preliminary Plat approval of a three -lot subdivision located on the north side of First Street between First and Third Avenues East North. This is a minor commercial subdivision which does not require a public hearing or review by the Planning Board. The request would divide approximately 4 acres of B-4 zone property into three lots. Lot one would contain 1.17 acres and would be 176 feet of frontage on Center Street and 310 feet of frontage on First Avenue East North. Lot two would contain 73 acres and have 120 feet of frontage on Center Street. Lot three would contain 2.13 acres and have 370 feet of frontage on Center Street and 250 feet of frontage on Third Avenue East North. The preliminary plat approval is being recommended with six conditions. The six conditions are identified in section one of the resolution. Williams and Staff recommended that Council adopt the resolution approving the preliminary plat of the Marketplace Phase III subdivision. Kennedy moved Resolution 4214, a resolution approving the preliminary plat of the subdivision of Kalispell Market Place, Phase III, of Assessors Tract 2A in the SE 1/4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. There was discussion. Grano moved to amend the resolution to remove the words "northerly portion of property" from Condition 1 on page 3. The motion was seconded. The amendment carried with Moses, Kennedy and Rauthe voting against. With a roll call vote the amended motion carried. Resolution 4215-Authorize Purchase of Property The intent of Resolution 4215 is to authorize the purchase of approximately four acres of property for the selling price of $142,875. This property will be used to complete the City's affordable housing project for first-time home buyers. CDBG money will be used to make the purchase. As the project begins to move toward development, Staff will be requesting a loan in the amount of approximately $100,000 from the Community Development and Housing budget, which will be repaid from proceeds from the sale of the undeveloped lots. Williams recommended that Council adopt the Resolution authorizing the purchase. Moses moved Resolution 4215, a resolution authorizing the purchase of Lot 6, Porta Villa Subdivision, from AECS Ltd. and authorizing the City Manager to accept said property on behalf of the City of Kalispell. The motion was seconded. 0776 776 There was discussion. _ With a roll call vote the motion carried with Granmo voting against. Resolution 4216-Close Out Inactive SID Funds The purpose of Resolution 4216 is to authorize the Finance Director to close out two inactive Special Improvement District funds to the S.I.D. revolving fund. One is the 1985 Sidewalk & Curb fund in the amount of $(4,277.65) and the other is the 1986 Sidewalk and Curb Fund in the amount of $(2,169.50). Moses moved Resolution 4216, a resolution authorizing the Finance Director to close out the inactive Special Improvement District Funds to the SID Revolving Fund. The motion was seconded. With a roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL 5th Avenue West Overlay and Milling Nystul requested an explanation why the street was ground down and why the City is now overlaying it. Public Works Director Babb explained it was discovered that there was a very irregular and wavy pavement and found out by the milling that some of it was less than 2 inches so it was ground down to a smooth surface and is now being overlayed with a plus 2 1/2 inches. City Clean Up Atkinson complimented and thanked the staff for the excellent job done on clean up and city maintenance. BUSINESS FROM MANAGER Ambulance and Water Write -Offs Fire Chief Ted Waggener submitted a memo requesting the write off of $40,335.04 in bad or uncollectible ambulance debts. There are also water and sewer accounts that need to be written off totaling $7,428.31. Larson moved Council authorization of the ambulance write-offs for this fiscal year in the amount of $40,335.04 and water and sewer accounts that need to be written off totaling $7,428.31. The motion was seconded. Upon vote the motion carried. Bid Award Recommendation-2nd Street East Sewer Rehab Project Two bids were received for the 2nd Street East Sewer Rehab project. Planned Engineering & Construction $ 97,500 Gelco, Inc. $138,080 Williams and Staff recommended the low bidder of Planned Engineering & Construction in the amount of $97,500 be awarded the contract. Atkinson moved to award the bid to Planned Engineering & Construction in the amount of $97,500 for the 2nd Street East Sewer Rehab Project. The motion was seconded. The motion carried with a vote. Authoritv to Bid Demolition of Houses for Independent Living Project Susan Moyer submitted a memo requesting authority to bid the demolition of two dwelling units which were purchased for the purpose of building a 7-unit apartment complex for Flathead Industries for the Handicapped. Q777 777 Atkinson moved to authorize to go for bid for the demolition of Lots 9 and 10 of Block 52. The motion was seconded. With a vote the motion carried. 1995-96 Preliminary Budget Williams noted the preliminary budget is available. STAFF REPORTS Next Work Session June 26, 1995 7:00 p.m. Next Regular Meeting July 10, 1995 7:00 p.m. Atkinson will be out of town June 26, 1995 ADJOURN The meeting was adjourned at 8:14 p.m. ATTEST: ;)A4��2 oq c m e Debbie Gi , CM Clerk of Council Approved July, 10, 1995 1 Dougl `o D. Rauthe, Mayor