01a. Council Minutes - Regular Meeting - May 16, 1994652
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 16, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS
JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE
LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS, CITY ATTORNEY GLEN
NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -May 2, 1994
Approve Claims per Payables Register
Moses moved to approve the consent agenda. The motion was
seconded.
With a vote the motion carried.
PUBLIC HEARING
Evergreen Annexation
The City had originally scheduled a public hearing for this meeting
to receive public comment and protest concerning the Evergreen
Annexation. Because it was determined prior to the hearing that
sufficient resident freeholder protest was made so as to halt the
annexation, therefore, the hearing becomes unnecessary. In lieu of
a hearing, City Attorney Neier suggested Council adopt a finding
regarding the disapprovals made by the majority of the resident
freeholder. City Attorney Neier's memo should be read into the
record and passed upon by motion of Council.
IN LIEU OF THE EVERGREEN ANNEXATION HEARING THE FOLLOWING SHOULD BE
READ INTO MINUTES OF THE COUNCIL MEETING OF MAY 16, 1994:
Collins moved to insert the following into the minutes: The motion
was seconded.
On the 4th day of April, 1994 the City Council of the City of
Kalispell, pursuant to Title 7, Chapter 2, Part 43 Montana Code
Annotated, passed Resolution No. 4147, entitled a RESOLUTION OF
INTENTION TO ANNEX TERRITORY TO THE CITY OF KALISPELL, COMPRISING
THAT TERRITORY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND
THEREBY MADE A PART HEREOF, TO BE DESIGNATED AS THE EVERGREEN
ANNEXATION NO. 255, TO FIX A DATE OF A HEARING THEREON, AND TO
PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING.
Due and proper notice of said Resolution was mailed to all owners
and purchasers under contracts for deed of the property in the
territory to be embraced to the addresses to which tax notices were
sent for the year 1993, and published in the Daily Inter Lake, the
newspaper nearest said territory, on the 17th and 24th day of
April, 1994.
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For a period of twenty days next succeeding the date of first
publication the City Clerk of Council received expressions, in
writing, of approval or disapproval of the annexation from the
freeholders of said territory proposed to be embraced. The City
Clerk of Council received eighty-one (81) notices of disapproval
delivered to the City prior to the close of the protest period.
The City Staff reviewed said notices of disapproval and found that
three of the disapprovals, namely those filed by John Smithlin,
1282 Highway 2 East; Robert Cesnik, 14 River Road; and Donovan
Bergeson, 126 East Cottonwood Drive, were submitted by resident
freeholders within the territory proposed to be annexed. Said
disapprovals constituted protests from the majority of the resident
freeholders within the territory proposed to be annexed.
Therefore, pursuant to Section 7-2-4314, MCA no further resolutions
relating to the annexation of said territory or any portion thereof
shall be considered or acted upon by the City Council of the City
of Kalispell on its own initiative and without petition for a
period of 1 year from the date of said disapproval.
The motion carried with a vote.
ADDRESSING THE COUNCIL
Mike Kelly, Executive Director of Flathead Industries, spoke in
favor of the proposed Zoning Ordinance Tax Amendment to allow
Community Residential Facilities in the B-2 zone and the
Conditional Use Permit.
ORDINANCES & RESOLUTIONS
Ordinance 1208-1st Reading -Zoning Ordinance Text Amendment -Medical
Parking Standard
Some time ago the City was approached by a group of physician
developers who received a Conditional Use Permit from the City to
build a medical clinic located in the H-1 zone. During the
discussion phase of the CUP the applicants suggested that the
City's parking standard for medical and dental offices particularly
for those located in the H-1 zone might be excessive and asked that
the City review the standard for possible down sizing. The City
Planning Staff did research the issue to determine parking
standards for this type facility in other Montana cities. They
found that the City's standard of 1 space per 150 square feet of
floor area was the highest standard among those surveyed. The
average of those surveyed appears to be 1 per 200 square feet of
floor area. The matter was referred to the Planning Board for
hearing and recommendation. The change suggested by Staff is to'
reduce the standard for medical and dental offices in the H-1 zone
from 1 per 150 square feet to 1 per 200 square feet.
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The standard of 1 per 150 square feet would remain for medical and
dental offices outside the H-1 zone. The Planning Board voted in
favor of recommending the text amendment to Council, and Staff
concurred with this recommendation.
Larson moved Ordinance 1208, an ordinance amending Section
27.26.050 (29), City of Kalispell Zoning Ordinance No. 1175. The.
motion was seconded.
Upon roll call vote the motion carried.
Ordinance 1209-1st Reading -Zoning Ordinance Text Amendment -Allowing
Community Residential Facilities in a B-2 Zone
Flathead Industries has submitted a request to amend the Zoning
Ordinance to allow Community Residential Facilities in a B-2 Zone.
The General Business District does not currently permit Community
Residential Facilities. The FRDO Staff report defines Community
Residential Facility. The Planning Board considered the issue and
recommends that the zoning ordinance be modified to include
Community Residential Facility for eight or fewer persons as a
conditionally permitted use.
Kennedy moved Ordinance 1209, an ordinance amending Section
27.14.030, City of Kalispell Zoning Ordinance No. 1175 with Section
I reading "Community Residential Facilities for eight or fewer
persons as a conditionally permitted use". The motion was
seconded.
Atkinson spoke in favor of the motion.
There was discussion.
Kennedy and Haarr spoke in favor of the motion.
The motion carried with a roll call vote with Granmo and Nystul
voting against.
Resolution 4151-Authorize Allocationof Funds for Airport Road
Apartment Complex
The purpose of this resolution is to authorize the budget
appropriation for two housing grants the City recently received.
The grants include the $247,500 CDBG and the $300,000 Montana Home
Grant. The Fiscal 94 budget did not include a provision for these
grants, therefore requiring the passage of this resolution.
Larson moved Resolution 4151, a resolution authorizing the City of
Kalispell to allocate funds received from Community Development
Block Grant and Montana Home Grant to the appropriate program
activities. The motion was seconded.
The motion carried with a roll call vote.
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BUSINESS FROM MAYOR & COUNCIL
Proclamations
Mayor Rauthe proclaimed the week of May 15-21, 1994 as National
Public Works Week. He thanked Public Works Director Babb and his
department for their good work.
He also declared by proclamation May 27, 1994 as Howard Fryett Day.
Community Assessment Committee
Rauthe previously requested a council member serve on the Community
Assessment Committee as he was unable to. Moses volunteered to
serve on the committee.
BUSINESS FROM MANAGER
Courtyard Apartments -Conditional Use Permit
The City of Kalispell has made application for a Conditional Use
Permit to construct in partnership with Northwest Montana Human
Resources a 32 unit apartment complex. The complex will be located
on the west side of Airport Road approximately 600 feet south of
18th Street. The site is zoned RA-1 and contains about 2.25 acres.
The CUP was the subject of a public hearing at the Planning Board
with no one speaking in opposition. The Planning Board recommends
the approval of the CUP with 8 specific conditions. The conditions
are outlined in the CUP #KCU-94-05.
Atkinson moved to approve the conditional use permit for the
Courtyard Apartments with the 8 specific conditions. The motion
was seconded.
The motion carried with a vote.
Flathead Industries -Conditional Use Permit
Flathead Industries has applied to the City for a Conditional Use
Permit to construct a community residential facility serving 8
people. The property is approximately 14,000 square feet in area,
located on the east side of 4th Avenue West approximately 150 feet
south of Center Street. The facility would be about 3,800 square
feet in size. The Planning Board held a public hearing on the
request and has recommended the approval of the CUP with 5
conditions.
Kennedy moved approval of the conditional
Industries for the Handicapped with
conditions. The motion was seconded.
There was discussion.
Upon vote the motion carried.
use permit for Flathead
the recommended five
ARE:
Andrews -Conditional Use Permit
Rolland Andrews has applied to the City for a Conditional Use
Permit to use a home located on property located on the northwest
corner of Woodland Avenue and 6th Street East as a Bed and
Breakfast. The site is zoned R-3. The Planning Board held a
public hearing on the request with no one speaking in opposition.
The Planning Board recommends the approval of the CUP with 16
conditions.
Collins moved to approve the conditional use permit with 16
conditions for the request by Rolland and Laurel Andrews for a Bed
and Breakfast. The motion was seconded.
Collins spoke in favor of the motion.
The motion carried with a vote.
Reimann-Conditional Use Permit
Roger Reimann has applied to the City for a Conditional Use Permit
to construct a six unit apartment complex located on the west side
of College Avenue approximately 1,000 feet south of Conrad Drive.
The Planning Board held a public hearing concerning this request
and is recommending approval of the CUP with 9 conditions.
Atkinson moved to approve the conditional use permit for Roger and
Marjorie Reimann with the 9 conditions. The motion was seconded.
There was discussion.
With a vote the motion carried.
Herron Development -Conditional Use Permit
Herron Development has applied to the City for a Conditional Use
Permit to construct a bulk fuel storage facility located on
property on the west side of 5th Avenue West North, west of the
Kalispell Center Mall. Access to the site would be from 5th Avenue
West North and 6th Avenue West North. The site is zoned B-5 and
contains approximately 3.5 acres. The Planning Board held a public
hearing on the request with no one speaking in opposition. The
Planning Board is recommending that Council approve the CUP with 9
conditions.
Haarr moved to approve the conditional use permit for the Herron
Development with the 9 conditions. The motion was seconded.
The motion carried upon vote.
Draft Letter -to Concerning Confederated Salish and Kootenai
Tribes EPA Request
A letter was drafted requesting on behalf of the City that EPA deny
the Tribe's request for status as a state for Clean Water Standard
purposes.
TME
Haarr moved to approve the letter regarding the request from the
Lake County Commissioners to Bill Yellowtail, Senators Max Baucus
and Conrad Burns and EPA Administrator Carol Browner. The motion
was seconded.
There was discussion.
Granmo moved to amend the motion to strike the 3rd paragraph as
presented. The motion was seconded.
Kennedy spoke against the amendment and the original motion.
Haarr spoke in favor of the amendment and the motion.
The motion carried with Kennedy voting against.
There was discussion.
Haarr moved to amend the last paragraph to place a period after the
work "Act" and delete the remainder. The motion was seconded.
The motion carried with Atkinson and Kennedy voting against.
With a vote the amended motion carried with Kennedy voting against.
Bid Award Recommendations -Depot Park Restrooms
Mike Baker submitted a memo outlining the results of the recent bid
opening for restrooms at Depot Park. The memo indicates we had two
bidders for the project.
1. Robert Ross $70,338
2. Native Way $60,169
The City has approximately $39,000 remaining in the budget for the
restroom project. As discussed previously, the bids would probably.
be considerably higher than budgeted, and therefore if the bids
were in the neighborhood of $60,000, that some of the unallocated
TIF money to supplement the budget would be used. Williams
suggested awarding the restroom bid to Native Way in the amount of
$60,169 and allocate the additional budget requirement of $22,000
from the unallocated TIF line item.
Collins moved to award the bid for the Depot Park restrooms to
Native Way in the amount of $60,169 and allocate the additional
budget requirement of $22,000 from the unallocated TIF line item.
The motion was seconded.
There was discussion.
The motion carried with a vote.
Sykes Phase III Public Works Improvements
Three bids were opened for the Phase III Sykes Project including
the paving of a portion of 6th Avenue West North. The bid from
Sandon Construction was rejected as it contained numerous
irregularities.
Pack & Co. $412,109.50
LHC Inc. $473,894.40
Williams and Staff recommended the bid be awarded to Pack & Co. in
the amount of $412,109.50.
Kennedy abstained from discussion and vote.
Larson moved to award the bid to Pack & Co. in the amount of
$412,109.50. The motion was seconded.
Upon vote the motion carried.
Airport Flight Schedule
Williams reminded the Council of the airport survey on Saturday and
the scheduled times.
Council Meeting Videotaping
Randy,Yearout, Human Resources, reported they will no longer be
videotaping the Council meetings but TCI will start in the near
future,,.
Rauthe thanked Yearout, his predecessors and Northwest Montana
Human Resources for being a great asset to the community and told
him the program would be missed.
City Attorney Evaluation
Atkinson reported the evaluation for City Attorney Neier was
performed on 4/25/94.
Atkinson moved for the Council to increase the city attorney's
salary by 4%, from $44,258 to $46,028 retroactive to 1/1/94. The
motion was seconded.
There was discussion.
The motion carried upon vote.
STAFF REPORTS
Next Work Session 5/23/94 7:00 p.m.
No Work Session 5/31/94
Next Regular Meeting 6/6/94 7:00 p.m.
Kennedy will be out of town June 3-9th.
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Collins Reception
Rauthe reminded everyone of the reception on Thursday from 4-6 p.m.
at Peterson School in honor of Cliff Collin's retirement.
Violence Free Crisis Fundraiser
Kennedy noted the Violence Free Crisis Line will be the benefactors
of a Whitefish Theater Production of "Quilters" at 8 p.m. on
Thursday and she is selling tickets.
ADJOURN
The meeting was adjourned at 9:00 p.m.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, Clerk of Council