10/07/96 City Council Minutes0936
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, OCTOBER 7, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, CLIFF COLLINS, LAUREN GRANMO, DALE HAARR, PAM
KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND
CITY MANAGER CLARENCE KREPPS WERE PRESENT. COUNCILMAN NORBERT
DONAHUE WAS ABSENT.
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.
PROCLAMATION -RED RIBBON WEEK
Mayor Rauthe proclaimed October 19-26 as Red Ribbon Week.
Rauthe recognized Cindy Bohannen, Recreation Coordinator for
receiving the Young Professional Award at the recent Montana State
Recreation and Parks conference in Missoula.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting September 23, 1996
B. Approval of Claims per Payables Register-$540,542.70
C. Approval of Low Bid for Liberty Street Water System Project
Collins moved to approve the consent agenda. The motion was
seconded.
Upon vote the motion carried.
HEAR THE PUBLIC
Abbie Shelter
Janet Cahill, Director Violence Free Crisis Line, P.O. Box 1385
thanked Council for their support and the $2,000 donation to the
Violence Crisis Line to help pay the remaining balance of the Abbie
Shelter.
Ballfields
Con Lundgren, 137 Fairway Boulevard, had several concerns about the
proposed ballfields.
Glacier Tennis Club Conditional Use Permit
Spoke against:
Boyd Roth, Kalispell, spoke against the Glacier Tennis Club.
Jean Harrington, 266 Buffalo Hill Drive
Helen Simpson, 250 Buffalo Hill Drive, concerned about the traffic
Spoke in favor:
Drew Smith, 124 Riverview Drive, President of Glacier Tennis Club
Brad Roy, the Summit
Mark Agather, 540 6th Avenue East
Jean Agather, 540 6th Avenue East
Resolution 4295 Authorize Sale of South Woodland Lots
The sale of two of the South Woodland lots is imminent. To allow
this and to expedite the transaction to be complete, formal
approval is needed from the Council.
Krepps recommended that the sale of Lots 17 and 24 be approved with
authorization for the Manager to sign all of the closing documents.
Larson moved Resolution 4295, a resolution authorizing the mayor or
city manager and city finance director 'to execute the documents
necessary to sell Lots 17 and 24 of South Woodland Court to the
Flathead Building Association. The motion was seconded.
With a roll call vote the motion carried.
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South Woodland Declaration of Covenants Conditions and
Restrictions
Larson moved that Council approve the declaration of covenants,
conditions and restrictions for the South Woodland project. The
motion was seconded.
As discussed at the work session, Staff has compiled the new
declaration of covenants, conditions and restrictions that will
apply to the South Woodland project.
There was discussion.
Atkinson moved to amend Article 3 in such manner, Page 3, Item 2b,
that a time limit be placed on the length of time when large
commercial vehicles, trailers, campers or recreational vehicles
will be on the streets in this subdivision. The intent on the
limitation is for non owner temporary parker. Page 3 item 5, that
we include under signs, the verbage out of our sign ordinance
relative to political signs. Page 4, item 6, strike the last
sentence. Page 5, item 5 line 3, change the word owing to owning.
The motion was seconded.
The amendment carried unanimously.
The amended motion also carried unanimously.
Teton Terrace Declaration of Covenants. Conditions and Restrictions
There was discussion.
Atkinson moved Council approve the Teton Terrace Homeowners
Association declaration of covenants, conditions and restrictions.
The motion was seconded.
Atkinson moved to amend the motion to include the items per
discussion (same items as for South Woodland and page 7, Item 16,
re -phrase). The motion was seconded.
The amendment carried with a vote.
The amended motion carried upon vote.
Homeowners Association Bylaws
Atkinson moved Council accept the bylaws of the Teton Terrace
Homeowners Association. The motion was seconded.
Nystul noted on page 19, article 9 reference of annual report of
receipts and expenditures does not use sufficiently precise
language that the accountant could follow. The last sentence needs
to be changed from certified to compiled.
Atkinson moved to amend the bylaws such
section 1, 5th line from the bottom, the
to compiled. The motion was seconded.
The amendment carried with a vote.
The amended motion carried unanimously.
that on page 19 article 9,
word certified be changed
Glacier__ennis Club -Con itional_Use Permit -(Postponed from 9/23/96
This item has been discussed at the last two meetings. Based upon
the discussions, issues, suggestions in those meetings, Staff has
compiled the new grant of conditional use for the Northwest Health
Care Corporation with the Tennis Club as the lessee.
Through discussions with the City Attorney, the Healthcare
Corporation is willing to provide the parking through the joint
agreement but only for 91 spaces. They are 107 spaces short of the
requirements.
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The indication is that the other 16 spaces would be the full
responsibility of the Tennis Club to provide. However, there is no
place to provide them from unless they go to the Medical Arts for
an additional joint use Agreement.
The Medical Arts is an extremely busy parking lot. This raises the
same concerns with the ability to provide sufficient parking as we
have been trying to address with them this entire process.
Nystul moved to amend the previous motion reflect the new text.
The motion was seconded.
The amendment carried unanimously.
Collins and Larson spoke in favor.
There was discussion.
Nystul moved to strike the 2nd sentence from Condition 3. The
motion was seconded.
The amendment carried with a vote.
Atkinson spoke against the amended motion.
There was lengthy discussion.
The amended motion carried upon vote.
Buffalo Hill Golf Course Fee ReQuest
The Golf Course is requesting an increase in fees for next season.
The present lease requires approval from the Council for increases.
Council may approve the request as submitted or Council may defer
the approval until the new lease is negotiated. A deferral would
cause the Association problems in terms of membership notification
and the January 31 discount dates since many of the memberships
would need to be renewed prior to the end of the tax year.
Krepps recommended to proceed with the approval of this request.
The association is aware of the concern of the lease negotiations.
Mr. Dunfee is responding as well and as rapidly as possible to his
committee's directions. The City will continue with the
negotiations for the new lease.
Larson moved Council approve the request from the Kalispell Golf
Association to increase the green fees for the 8% as requested.
The motion was seconded.
There was discussion.
Kennedy spoke in favor and Atkinson spoke against.
With a vote the motion carried with Atkinson voting against.
Haven Field/Athletic Complex -Offering Memorandum
Atkinson moved to proceed with the publication and the process for
the offering of the sale of Haven Field and Lions Park Street. The
motion was seconded.
The motion carried unanimously with a vote.
Regg u*ion 4296 Encourage Voter Participation Regarding the Bond
Issue on the ARRlied Technology and Learning Center
Atkinson moved Resolution 4296, a resolution to encourage voter
participation regarding the bond issue on the applied technology
and learning center. The motion was seconded.
There was discussion.
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Larson moved to amend the motion to read "City Council of Kalispell
encourages voter participation in all matters appearing on the
ballot in the General Election November 5th and that they become
informed on all those issues and vote their conscience on those
issues". The motion was seconded.
The amendment carried unanimously.
The amended motion carried upon roll call vote.
FOR YOUR INFORMATION
Receipt of Bids for Photogrammetric Mapping October 8, 1996
Montana League of Cities and Towns Convention October 9-11, 1996
Next Work Session October 15, 1996 7:00 p.m.
Next Regular Meeting October 21, 1996 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:56 p.m.
ATTEST:
Debbie Giffo
Clerk of Coud 1
Approved October 21, 1996
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