Loading...
01/06/97 City Council Minutes964 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JANUARY 6, 1997, 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, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting -December 16, 1996 B. Approval of Claims per Payables Register-$413,022.80 C. Appointments Board of Adjustment Appointment November 1996 Conrad Mansion Board Appointment December 1996 City -County Planning Board (2 City) December 1996 Kalispell Parking Commission December 1996 Street Tree Commission (3) December 1996 Collins moved to approve the consent agenda. The motion was seconded. Rauthe recommended the following: Board of Adjustments -Isabelle Mattson Conrad Mansion Board Re-Appointment-Norb Donahue City -County Planning Board -Walter Bahr and Jean Johnson No recommendation for the member -at -large Kalispell Parking Commission -Margaret Lekander Street Tree Commission -Steven Perrone No recommendation for the other 2 Street Tree positions Upon vote the motion carried. HEARING THE PUBLIC Scenic Byways Claire Strickler, 192 Larch Lane, Columbia Falls, Scenic Preservation Commission, offered to answer any questions about the resolution for Scenic Byways. Sale of Haven Field David Thornquist, 132 Troutbeck Rise, Lakeside, Woods and Water Realty, regarding the Haven Field bid, encouraged the Council to expedite the process for discussions about the sale of Haven Field as his client is still very interested and on a strict time line. 72 Hour Parking Limit Kennedy read a letter from Wanda Poor, regarding the 72-hour parking limit, and then requested it be addressed at the next work session. Resolution 4303 Woodland Court Change Order Mike Fraser, Thomas Dean and Hoskins, explained that Exhibit A, a change order on behalf of A-1 Paving, was to cover additional materials, as provided for by the contract, and utility work which had not been included in the A-1 Paving contract but was included in the overall budget for the project. Atkinson moved Resolution 4303, a resolution to alter and amend the contract with A-1 Paving on the Woodland Court Project, MT Home M94-SG300117/MT-CDBG-94HR-06. The motion was seconded. 1 1 1 � � 1 965 There was discussion. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4307-Teton Terrace Change Orders Mike Fraser explained the construction of Schedule I and II took an extreme amount of time to complete on the Woodland Court Project. Forty-three working days were allowed to NuPac by contract, but they completed the project in 122 working days. Due to this delay, the City incurred additional engineering fees for the NuPac portion in the amount of $8,635.80 for Schedules I and II. A-1 Paving's Schedule III improvements were also delayed, causing additional engineering costs of $3,240.53. The engineer recommends assessing the above fees to the respective contractors. This is a recovery of actual damages rather than liquidated damages. Larson moved Resolution 4307, a resolution to alter and amend the contract with Thomas, Dean & Hoskins, Inc. on the Woodland Court/Teton Terrace Projects. The,motion was seconded. There was discussion. Kennedy moved to table this item until January 21, 1997. The motion was seconded. The motion carried unanimously with a vote and was tabled. Ordinance 1254-Proposed Zoning Text Amendment to Allow a Second Dwelling in R-4-2nd Reading This is the proposed zoning change that will allow a second dwelling in R-4 zoning districts. This has been discussed at two previous meetings. Larson moved Ordinance 1254, an ordinance amending sections 27.07.020, 27.22.020(2), and 27.26.50(52) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by adding "accessory single-family dwellings" as a conditionally permitted use in a Residential, R-4, Zoning District; and to reference this addition of accessory single-family dwellings in the supplementary regulations section on accessory uses; and establishing a parking requirement of two spaces for the accessory single-family dwelling, and to provide an effective date. The motion was seconded. Rauthe referred to a letter from Brian Wood, Associated Planning Consultants, encouraging favorable vote from the Council. There was discussion. Donahue moved to table this until the next regular scheduled meeting. The motion was seconded. The motion carried and was tabled with Collins, Donahue, Granmo, Haarr, Larson, Nystul and Rauthe voting in favor and Atkinson and Kennedy voting against. Ordinance 1256-Stop Signs-2nd Reading Kennedy moved Ordinance 1256, an ordinance approving the placement of stop signs at intersections of 7th Avenue West North and West Wyoming; West Arizona and 5th Avenue West North; 13th Avenue West and 7th Street West; 1st Avenue East North and Railroad track; 3rd Avenue East North and railroad track; Albina Street and Woodland Avenue; Parkway and 4 Mile Drive; 1st Avenue West and llth Street West, establishing a penalty, and declaring an effective date. The motion was seconded. 966 With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4308-Create Airport Authority/Haven Field Sale City Attorney Neier submitted a memo after receiving his answers from Mae Nan Ellingson, Bond Counsel, concerning both the sale of Haven Field and the Airport Authority. Krepps recommended Council authorize the third advertising of the offering for Haven Field and to reconsider the Airport Authority transition. If the City creates the Authority, the City will not have the capability to finance the airport improvements by TIF funding. He felt the City would complete all projects, through TIF, and upon completion of these improvements, the City would then turn the airport over to a Commission/Authority at that time. There was discussion. Atkinson moved to authorize the re -advertisement of Haven Field without setting minimums, but requiring 5% earnest money from prospective developers. The motion was seconded. There was more discussion. The motion carried unanimously. Nystul moved the City attorney and manager prepare a draft of a resolution to create a commission for the next work session as well as a recommendation on proceeding for a grant from Montana Aeronautics for fencing or whatever the Advisory Board feels is our most pressing need. The motion was seconded. Donahue and Haarr spoke in favor of the motion. The motion carried unanimously. Resolution 4309-Intent to Create West Side Urban Renewal TIF District The City has been working with a developer for the past several months in determining the potential development and redevelopment of the Gateway Mall area. The developer is Westfield Properties, Inc. and the Woodbury Corporation as a joint developer. Both of these firms are headquartered in Salt Lake City and are very active, well established, and have a good reputation for their developments. A letter was received from Mr. Richard Mendenhall, Manager of Woodmen Properties, that outlines their interest, history, and proposal. The letter includes the estimated investment could result in a market value increase to approximately $22,000,000 on property which is currently assessed at $7,857,378. This Investment should generate a labor force estimated at 900 to 1,000 to support the improvements. The Council, by a Resolution of Intent, needs to establish an urban renewal district in the western portion of the City. Staff submitted a map that basically follows the Neighborhood Plan as their recommendation. Timing is very important for the developer. This developer must enter into irrevocable agreements to complete purchase of some of the property within this area by January 31, 1997. The developer requests that the Resolution be completed no later than January 13. Krepps expressed it would continue the goal to strengthen the City tax base, to assist in retainage of existing jobs, to enhance the potential to increase jobs, and he recommended that Council expedite the approval for an urban renewal area that will include the area requested by the developer. 1 967 967 There was discussion. Larson moved Resolution 4309, a resolution finding that an area of blight exists within the area of the North Meridian Neighborhood Plan (Exhibit "A") and an additional area described in Exhibit "B" 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. Larry Gallagher and Richard Mendenhall answered questions. Nystul and Haarr spoke in favor. Haarr moved to amend the motion to amend the boundaries by drawing a line across West Colorado over to Meridian across over to the B-1 back down to Two Mile then on out to just the east side of Greenbriar then down behind the Gibson Addition, Appleway down to 1"t street and back up around the fairgrounds. The motion was seconded. There was discussion. Atkinson, Rauthe, Kennedy and Larson spoke against the amendment. Public Works Director Bob Babb felt potentially there would need to be 1 to 1 1 million dollars worth of storm drainage improvements, that would have to come from somewhere. Maybe bonding would do it, a storm drain district that would encompass the whole northwest side of town to pay for the bond. The amendment failed with Granmo, Haarr and Donahue voting in favor and Kennedy, Collins, Atkinson, Larson, Nystul and Rauthe voting against. The original motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. There was more discussion. Kennedy moved the staff be directed to enter into negotiations with Woodmen Properties for the purchase of a property in the downtown Tax Increment District. The motion was seconded. The motion carried unanimously with a vote. Resolution 4310-Scenic Byways Chris Moritz requested Council consider formal support to establish a Montana Scenic Byways Program. Kennedy moved Resolution 4310, a resolution to establish a Montana Scenic Byways Program; and to declare an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4311-Vista Development Annexation The Kalispell City -County Planning Board and Zoning Commission held a public hearing at the December 10, 1996 meeting. They considered a request by Vista Construction for annexation into the City of Kalispell and initial zoning from County R-4, a Two -Family Residential District, to City R-3, a Single Family Residential District. The property proposed for annexation is a subdivision located south of Sunnyside Drive approximately 500 feet and a 60 foot wide roadway easement directly west of Ashley Creek which provides access to the property. 968 968 The area to be annexed will be known as Lonepine View Estates, a residential subdivision containing approximately 9.4 acres. Collins moved Resolution 4311, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, Lonepine View Estates, Lot 2 of Subdivision No. 117 and road easement located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Lonepine View Estates; and to declare an effective date. The motion was seconded. There was discussion. Donahue spoke against the motion. Haarr called for the question. The motion carried upon roll call vote with Atkinson, Collins, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Donahue voting against. Ordinance 1257-Initial Zoning -1st Reading Larson moved Ordinance 1257, an ordinance to amend Section 27.2.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning property known as Lonepine View Estates, Flathead County, Montana(previously zoned County R-4, Two - Family Residential), to City R-3, a Single -Family Residential District, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4312-Agpleway/Two Mile Drive Annexation The Planning Board and Zoning Commission held a public hearing at their meeting of December 10, 1996. They considered a request by Flathead County Commissioners for annexation of certain properties known as Appleway Drive and a portion of Two Mile Drive into the City of Kalispell and initial zoning. Various zoning districts are proposed consistent with the zoning of personal properties located north and south of the centerline of these roadways. They forward a favorable recommendation on an 8=1 vote. Kennedy moved Resolution 4312, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain properties known as Appleway Drive and a portion of Two Mile Drive annexation No. 277, located in Sections 12 and 13, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; and to declare an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ordinance 1258-Initial Zoning -1st Reading Atkinson moved Ordinance 1258, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell, Zoning Ordinance, (Ordinance No. 1175), by zoning certain properties known as a portion of Two Mile Drive and Appleway Drive, (presently zoned Residential, Commercial and Industrial), to zone said property consistent with the properties located north and south from the centerline of said portion of Two Mile Drive and said Appleway Drive, and to provide an effective date. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. 1 7 U 969 Montana League of Cities and Towns Resolutions Krepps submitted the 25 resolutions received from the Montana League of Cities and Towns that will be addressed by the State Legislature and recommended Council support. Nystul moved the Council support the League resolutions and direct the staff to act accordingly. The motion was seconded. The motion carried with a vote. FOR YOUR INFORMATION Next Work Session January 13, 1997 7:00 p.m. Next Regular Meeting January 21, 1997 7:00 p.m. (Tuesday) ADJOURN The meeting was adjourned at 10:02 p.m. ATTEST: Debbie Giffo C Clerk of Council Approved 1/21/97 1 1 Douglas D. Rauthe, Mayor