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06/16/97 City Council Minutes1038 1038 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 16, 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. Granmo requested to add an item after #11 as he has a comment. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes - Regular Meeting June 2, 1997 B. Approval of Claims per Payables Register $571,582.34 C. Ambulancr/Water/Sewer Write -Offs FY 96-97 D. Bid Awards Chip Seal and Overlay Sidewalk and Curbing Landscaping -Teton Terrace and Woodland Court E. Adopt FRDO 1997-98 Work Program Collins moved to approve the consent agenda. The motion was seconded. Nystul moved to amend the consent agenda by deleting Item d. (Initiate a phased annexation plan for the Evergreen area) of the FRDO 1997-98 Work Program. The motion was seconded. Nystul, Haarr, Granmo, Donahue and Collins spoke in favor. Atkinson, Kennedy and Rauthe spoke against the amendment. The amendment carried with Nystul, Haarr, Granmo, Donahue, Larson and Collins voting in favor and Kennedy, Atkinson and Rauthe voting against. Donahue moved to delete amended Item E. from the consent agenda. The motion was seconded. The motion carried with Nystul, Haarr, Granmo, Donahue, Collins, Larson and Kennedy voting in favor and Atkinson and Rauthe voting against. Upon vote the amended motion carried. HEARING THE PUBLIC Center Street Crosswalk Pauline Sjordal, 234 3rd Avenue West, thanked Council for budgeting for the engineer for the crosswalk on Center Street. She was concerned about where the safe walkway would be designated so that the Mall would know in order to improve safety on their side. Lawrence Park Richard Kuhl, Main Street, requested $20,000 for Lawrence Park for improvements. David Downey, Friends of Lawrence Park, requested the City look at making the roadway to the back part of the park a two way road. 1039 1039 Flower Pot Issue Gordon Pirrie spoke in favor of the flower pot issue and thanked the City for working with the businesses. Carol Brummet, Lakeside, spoke in favor of the flower pots. Teton Terrace Earl Colton, 91 Hawthorne West, read a letter opposing the Teton Terrace development. Russell School Request for Closure of West Wyoming Street Mike Anderson, Principal of Russell Elementary School submitted a letter of request for the closure of West Wyoming Street. Various departments submitted memos addressing concerns about closing this street. Wyoming Street is a major street and will be very difficult to justify the closing. Closing of Wyoming would only be a fix for the school and would not address all of the issues. Closing the street would make even more issues to be addressed for the traffic control, for the school, and in the neighborhood. Krepps suggested that School District #5 needs to deal with their student growth problem by developing a long range plan that will address this problem in conjunction with the City traffic plans and the State Highway transportation related issues for the entire neighborhood. Krepps strongly recommended not closing the street without long range plans for the area. All of the staff's comments are valid in evaluating the potential problems. There was discussion and consensus to work with the School District and Montana Department of Transportation. Chamber Barrel Request From a risk management standpoint, the City should not expose the City taxpayers to additional claims that may be generated by additional items on public sidewalks. Krepps recommended, if Council desires to allow certain items on the sidewalks, a permitting system should be implemented that will: 1. Tell what the item is; 2. Tell where the item will be; 3. Tell how long the item will be there; 4. Most important - require each downtown property owner to submit an insurance certificate that holds the City harmless and names the City as additionally insured/in the usual amounts. Upon submittal of this certificate, the City could then issue the permit. 5. Restrict the permits to the business district only and keep the current ordinance for all other sidewalks. Nystul moved the Council authorize and direct the city manager to establish a permit system for the flower pots on the public right of way in the Central Business District for the present season, directing the city attorney to draft a proposed amendment to Ordinance 1003 formally establishing this policy and that the city manager make further recommendations to us as to other items that may wish to be addressed as permitted uses of the public right of way. The motion was seconded. There was discussion. The motion carried unanimously with a vote. 1040 1040 Resolution 4339-Haven Field This agreement guarantees the City a maximum payment of $124,000 per year for the next 10 years. This payment is in lieu of the taxes that would be generated by the originally proposed improvements for this site. When the bids were evaluated, the site improvements were a major factor in the staff recommendation for consideration of the Outlaw's proposal. This agreement, in Krepps opinion, does not meet the spirit or intent of the RFP that was compiled by the staff and approved by the Council. It does give the "tax/revenue" anticipated but does not "guarantee" the improvements and/or potential new jobs that were presented. The agreement does, by requiring the payment of $124,000 annually (Section 5.5) for 10 years, will give Mr. Dasen incentive to perform by constructing improvements that will reduce this out-of- pocket expense. Krepps expressed he reluctantly recommended the approval of this agreement and sale. The contract is not what was desired or intended, but dependent upon this item as a key step in the development and financing of the ballfield complex and more indirectly the potential airport improvements. Without the sale of the field, the City cannot proceed to the sale of Daley Field. The City is currently on hold with the Engineers for the ballfield complex until this item is approved. After approval the City will begin review of the proposed engineering contract for the complex, complete the lease agreement, and begin the Daley Field offering. Larson moved Resolution 4339, a resolution authorizing the sale of portion of the NE 1/4 of the NW 1/4 and the NW 1/4, Section 20, T28N, R21W, Flathead County, Montana (more particularly described in Exhibit "A") to the Outlaw Inn, a Montana joint venture and authorizing the city manager to enter into a development agreement with the Outlaw Inn, a Montana joint venture. The motion was . seconded. There was discussion with Donahue speaking against. With a roll call vote the motion carried with Haarr, Kennedy, Larson, Nystul, Atkinson, Collins, Granmo and Rauthe voting in favor and Donahue voting against. Resolution 4335-Buffalo Commons Phase I-Preliminary Plat The report from FRDO was submitted for the approval of the Preliminary Plat of the Buffalo Commons Phase I Subdivision. This request was recommended for approval, subject to ten conditions, by an unanimous vote of the City/County Planning Board. Krepps recommended approval of the Preliminary Plat with the ten conditions set in the planning documents. Kennedy moved Resolution 4335, a resolution approving the preliminary plat of Buffalo Commons Phase I, Flathead County, Montana. The motion was seconded. There was discussion. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Reso1-utio-a- 43-36-Lantis Subdivision-Preliminary Plat Since the Lantis Subdivision Preliminary Plat is fewer than a six lot subdivision, the Planning Board does not act upon this request. The Council is the only agency of approval for this process. Larson moved Resolution 4336, a resolution approving the preliminary plat of the Lantis Subdivision, Flathead County, Montana. The motion was seconded. 1041 1041 With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4337-Tackett Annexation This request has been presented to the City due to a septic system failure. The City required them to request voluntary annexation prior to providing sewer services from the City. The Planning Board did not have any one speak in favor of or in opposition to the annexation. Since Staff required the request of annexation be submitted as a condition of sewer service, Krepps strongly recommended approval of this request for annexation. Haarr moved Resolution 4337, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, Assessor's Tracts 30K and 30KA located in Section 8, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana to be known as Tackett Addition No. 280; to zone said property single family residential, R-3, to amend the City zoning map accordingly and to declare 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. Ordinance 1263-Tackett Zone Change -1st Reading In conjunction with the annexation request, the zoning for the Tackett property was recommended by the Planning Board, with an unanimous vote, to initially be zoned as R-3 upon the completion of the annexation. Haarr moved Ordinance 1263, an ordinance to amend Section 27.02.010, official zoning map City of Kalispell Zoning Ordinance (Ordinance No. 1175) by zoning property known as Assessor's Tract 30K and 30KA located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R- 3, one family residential), City R-3, Urban Single Family Residential, 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 Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ordinance 1264-Knoll's Addition Zone Change from R-2 to R-3-1st Reading This request related directly to a desire to reduce side yard setbacks. The discussion of the Board led to a concern of drain field restrictions and the impact upon the development that current setbacks have in terms of the types of houses that are being or will be built on the lots. Upon review of the minutes of the meeting and the discussion points Krepps concurred with the Planning Board's opposition for this change in zoning. Haarr moved Ordinance 1264, 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 9 through 16, Block 5, Knoll's Addition located in Section 17, Township 28 North, Range 21 West P.M.M., Flathead County, Montana (previously zoned R-2 Single Family Residential), R-3, Urban Single Family Residential, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. There was discussion. 1042 1042 With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Larson, Nystul and Rauthe voting in favor and Kennedy voting against. Resolution 4338-Close Study Commission Fund to General Fund This item is an accounting process to closeout the existing account (balance $19,494.93) for the Government Study Commission that is no longer in existence. Kennedy moved to table Resolution 4338. The motion was seconded. With a vote the motion failed with Atkinson, Collins, Granmo, Nystul, Haarr, Donahue and Rauthe voting against and Kennedy and Larson voting in favor. Nystul moved Resolution 4338, a resolution authorizing the Finance Director to close out the inactive Government Study Commission Fund to the General Fund. The motion was seconded. There was discussion. Kennedy requested a list of expenditures made by the Study Commission. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Granmo Resignation Lauren Granmo read a letter of resignation effective July 1, 1997, due to an employment opportunity. Rauthe thanked Granmo for his 14 years of serving on the Council. Advertising will be done for a replacement. FOR YOUR INFORMATION Budget Work Sessions June 18, 1997 7:00 p.m. (Wednesday) June 19, 1997 7:00 p.m. (Thursday) June 23, 1997 7:00 p.m. (Monday) Next Regular Meeting July 7, 1997 7:00 p.m. ADJOURN The meeting was adjourned at 9:10 p.m. DougleW D. Rauthe, Mayor ATTEST: Debbie Giff; , MC Clerk of C Approved 7/7/97