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04/01/96 City Council Minutes0R 1 857 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 1, 19961 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN GRANMO, DALE HAARR, PAN KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Collins moved to approve the agenda. The motion carried upon vote. Approve Minutes -March 18. 1996 Haarr moved to approve the minutes. The motion carried with a vote. The motion was seconded. The motion was seconded. Approve Claims per Payables Register Interim Manager Al Thelen requested the addition of a late arriving claim for Pack & Co. in the amount of $84,387.60 Nystul moved to approve the claims with the addition. The motion was seconded. There was discussion. Upon vote the motion carried. ADDRESSING THE COUNCIL Ballfields Dan Johns, 216 N. Riding Road, encouraged the Council to pursue the financing for the ballfield project. ORDINANCES & RESOLUTIONS Ordinance 1237-Collier Zone Change R-3 to B-3-1st Reading A request by Gary Collier for a zone change from R-3, (Residential), to B-3, (Community Business) was the subject of a public hearing at the Planning Board on March 12, 1996. The property is located on the north side of Washington Street between lst Avenue West North and 2nd Avenue West North and is approximately 14,000 square feet. A property owner in the area expressed concerns about the access and property values. A letter was received from the property owner to the east, whose property is included, in favor of the zone change. Letters of opposition were received from 2 other property owners concerned about parking and sidewalks. The Planning Board adopted the findings of fact and forwarded a favorable unanimous recommendation that the zone change be approved. Collins moved Ordinance 1237, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning property known as Lots 6 and 7, Block 240 Kalispell Addition No. 6 located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned R-3, Residential), B-3, Community Business, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. The motion carried upon roll call vote with Granmo, Haarr, Kennedy, Larson, Nystul, Atkinson, Collins, Donahue and Rauthe voting in favor and no one voting against. Resolution 4255-Trianale Development -Annexation and Zonina A request by Triangle Development for annexation and a city zoning designation of RA-3, (Residential/Apartment Office) was also subject of a public hearing at the Planning Board on March 12, 1996. OR-5 858 The property is located on the west side of Whitefish Stage Road, approximately 800 feet south of West Evergreen Drive. The property is currently zoned County RA-1, (Low Density Residential Apartment). FRDO's evaluation resulted in a recommendation for a more appropriate designation of R-5 (Residential/Professional Office). Three residents were in favor of the proposal, which included a representative for the applicant. Three residents were opposed. The Planning Board forwarded a recommendation of R-5 (Residential/Professional Office), on a four/three vote in favor. A public hearing on the preliminary plat is scheduled for April 15th and a request for approval. Larson moved Resolution 4255, 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 as assessor's tract 1B located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Triangle Development Addition No. 271; to zone said property Residential/Professional Office, R751 to amend the City Zoning Map accordingly and to declare an effective date. The motion was seconded. - - There was discussion. With a roll call vote the motion carried with Granmo, Haarr, Kennedy, Larson, Nystul, Atkinson, Collins, Donahue and Rauthe voting in favor and no one voting against. g..-solution 4256-Intention to Create and Implement Kalispell City &rRort Neighborhood Urban Renewal Plan The passage of this resolution is the first step in a plan to implement the Kalispell City Airport/Athletic Complex Redevelopment Plan. The second step will be to submit the plan to the Planning Board which will have 60 days to make a recommendation to the City Council. The resolution calls for a public hearing on June 17, 1996. Kennedy moved Resolution 4256, a resolution finding that an area of blight exists within the area of the Kalispell City Airport/Athletic Complex Redevelopment Plan Analysis and that rehabilitation, redevelopment or a combination thereof, within such area is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Kalispell. The motion was seconded. There was discussion. Grano moved to amend the motion to describe properties on the east side opposite the current boundary. The motion was seconded. There was more discussion. With a vote the amendment carried unanimously. The amended motion carried upon roll call vote with Granmo, Haarr, Kennedy, Larson, Nystul, Atkinson, Collins, Donahue and Rauthe voting in favor and no one voting against. Resolution 4257-Change Order -South Woodland -Phase I Consulting engineers on this project, Thomas, Dean & Hoskins have requested this change order in the amount of $22,809.50. The electric, telephone and television backbone system was not included in the project bid. The engineer solicited bids based on estimated quantities at unit prices. The difference between the accepted bid of $22,809.50 and high bid was 15%. The power company requirement that all electrical underground lines be placed in conduit, added $7,700 in the contract and accounted for the major budget overage. 1 1 1 Q85 859 Kennedy moved Resolution 4257, a resolution to alter and amend the plans and specifications of contract with A-1 Paving on the Woodland Court Project. The motion was seconded. The motion carried with Granmo, Haarr, Kennedy, Larson, Nystul, Atkinson, Collins, Donahue and Rauthe voting in favor and no one voted against. With a roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL Auditor Exit Conference Rauthe reported Finance Director Robertson has scheduled an exit conference with the auditors for Friday, April 12th at noon in the conference room. Take Back the Night Kennedy reported the Violence Free Crisis Line will have the Annual "Take Back the Night" march on Friday, April 12th at 6:45 p.m. at Depot Park. Study Commission Public Hearing The public hearing on the proposed charter before the Study Review Commission will be on April 4, 1996 at 7:00 p.m. Recycle Telephone Books Nystul reported Flathead Industries is accepting old telephone books for recycle. BUSINESS FROM MANAGER Conditional Use Permit -Hall The Planning Board held a public hearing on March 12, 1996 on a request by Dale Hall for a conditional use permit to allow the construction of 3 additional dwellings on an existing four unit apartment building resulting in a total of seven dwelling units in an RA-1 (Low Density Residential Apartment) zone. The applicant spoke in favor and no one spoke in opposition. The Planning Board recommended approval with 8 conditions which included modifying Condition 6 to state "Landscaping ... perimeter of the property, in accordance with the Kalispell Zoning Ordinance". There was consensus at the last work session to also modify Condition 2 to reflect 2, of the 18 parking spaces shall be handicapped and marked and signed as required. Larson moved to approve the conditional use permit for Dale Hall with conditions. The motion was seconded. There was discussion. With a votq the motion carried. Frank's Place & Sunrise View-Preliminary Plats Extension Requests Stokes & Associates, on behalf of Frank's Place Subdivision and Sunrise View Subdivision, are requesting retroactive extensions in order to complete the improvements and file final plats. Council has previously indicated that future subdivision approval shall be for 3 years. Frank's Place and Sunrise View were approved prior to the recent action and were approved only for 1 year. Frank's Place Larson moved the Frank's Place subdivision be granted a retroactive extension on the preliminary plat for a total of 3 years from the original. The motion was seconded. The motion carried with a vote. 0860 860 Sunrise View Larson moved the Sunrise View subdivision be granted a retroactive extension on the preliminary plat for a total of 3 years from the original. The motion was seconded. The motion carried with a vote. Hockaday Center for the Arts Lease Agreement This lease expired on March 31. The City Attorney updated the insurance requirements and at Council direction prepared the language in Condition 4 as follows: City's Contribution: The CITY shall contribute the sum of $ , or such other greater sum as the CITY may establish in its annual budget, for utilities and operation expenses incurred by the Center. Council received a 5 year history of the utilities. Kennedy moved Council authorize the interim city manager to enter into this 5 year lease with the insertion in item #4 of the City's contribution being $6,600. The motion was seconded. There._was _discussion. Grano moved to amend the motion to change the amount in paragraph 4 to $3,000. The motion was seconded. Kennedy and Larson spoke against the amendment. Donahue moved to table this matter to the next Council meeting so to further discuss at the next work session. The motion was seconded. Upon vote the motion to table failed with Granmo, Donahue, Haarr and Collins voting in favor and Nystul abstaining. Collins spoke against the amendment. There was more discussion. Haarr and Donahue spoke in favor of the amendment. The amendment failed with Grano, Donahue, Haarr and Nystul voting in favor and Collins, Kennedy, Larson, Atkinson and Rauthe voting against. There was more discussion of the language. Nystul moved to table the motion until the next Council meeting so the City Attorney has the opportunity to include all of the suggestions that Ms. Kennedy just made and the other points Council has concurred upon. The motion was seconded. The motion was tabled with Kennedy, Larson, Atkinson and Rauthe voting against. Montana Aeronautics Division Grant The Montana Aeronautics Board has approved a grant in the amount of $2,837.00 to pay } the cost of development of an airport layout plan. The Pilot's Association has committed $1,500 and the City's share is $1,342. The City's funds are available in the budget. Kennedy moved to accept the Aeronautical Grant for engineering services on the Airport Layout Plan and authorize city officials to enter into the documents to accept the same. The motion was seconded. With a vote the motion carried. 086i 861 Peccia & Associates Contract for Airport Layout Plan Two proposals were submitted for the preparation of the Airport Layout Plan. Morrison-Maierle-$10,000, Peccia and Assoc.-$5,674. Thelen recommended that the Peccia proposal be accepted and that the mayor be authorized to sign the contract. Larson moved that the Peccia proposal for the preparation of the Airport Layout Plan be accepted and that the mayor be authorized to sign the contract. The motion was seconded. Upon vote the motion carried. Authorize Sale of Water Revenue Bonds -Water System Improvements At the last work session John Wilson submitted a memo requesting the authorization for the sale of approximately $1,000,000 in water revenue bonds to finance the following five water system improvement projects: 1. North Side Water Well 2. 14th Street East Water Main Improvements 3. Liberty Street/Upper Service Zone South Loop 4. Two Mile Drive Water Main Improvements 5. South Woodland Drive Water Main Improvements Nystul moved the staff be authorized to prepare RFPs for the solicitation of proposals for our million dollar water revenue bond issue. The motion was seconded. With a vote the motion carried. Authority to Reguest for Proposals -Engineering. Design and Ins2ection Services -Water System Improvements The Public Works Staff is requesting authorization to request for proposals for the engineering, design and inspection services for the following water system improvements: 1. Liberty Street/Upper Service Zone South Loop 2. Two Mile Drive Water Main Improvements 3. South Woodland Drive Water Main Improvements Granmo moved authority be given to request RFPs for the water system improvements for the engineering, design and inspection services. The motion was seconded. Upon vote the motion carried. Authority to Bid -North Main/Lawrence Park ISTEA Trail Parks Director Mike Baker requested authority to bid the North Main/Lawrence Park ISTEA Trail. The trail will consist of approximately 3,706 lineal feet of 8' wide asphalt. Collins moved to authorize the bidding of the North Main/Lawrence Park ISTEA Trail. The motion was seconded. The motion carried with a vote. 0 66 �) 862 Fends & Associates Thelen noted Peccia & Associates will have a presentation on the Meridian Road design following this meeting. He also noted time permitting, Council would review the time schedules for the budget and the city manager selection. STAFF REPORTS Next Work Session April 8, 1996 7:00 p.m. Next Regular Meeting April 15, 1996 7:00 p.m. ADJOURN The meeting was adjourned at 8:40 p.m. MW- D. Rauthe, ATTEST: Debbie Clerk of . Approved 4/15/96 1 1 I