02. Council Minutes - Regular Meeting - July 10, 1995778
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JULY 10, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS
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.
AGENDA APPROVAL
Moses moved to approve the agenda. The motion was seconded.
The motion carried upon vote.
Approve Minutes -July 19, 1995
Collins moved to approve the minutes. The motion was seconded.
The motion carried with a vote.
Approve Claims per Payables Register
Moses moved to approve the claims. The motion was seconded.
`= There was discussion.
Upon vote the motion carried.
ADDRESSING THE COUNCIL
Stillwater River/Shady Lane -Master Plan Amendment
Debra Hendrickson, 55 Ainley Lane, spoke against the Stillwater
River/Shady Lane -Master Plan Amendment.
Northwest Montana Mental Health CUP Amendment
The following spoke in favor of 24 hour care:
Boyd Roth, 1343 6th Avenue East
Sylvia Hoag
Winnifred Storli, 3420 Airport Road, spoke in favor of a unified
effort for the best care for clients.
ORDINANCES & RESOLUTIONS
Ordinance 1228-Salary-Police/Fire-lst Reading
The purpose of this ordinance is to update the salary ordinance to
include the new salaries for the police and fire bargaining unit
members and also the previously negotiated salaries for the AFSCME
members. Williams negotiated a tentative labor agreement with both
the police and fire associations.
f' Larson moved Ordinance 1228, an ordinance amending Ordinance No.
1216, fixing the limits of the salary and compensation of the City
Officials, Supervisors, and Employees pursuant to Title 7, Chapter
4, part 42, M.C.A., beginning July 1, 1995, repealing all other
ordinances in conflict therewith. The motion was seconded.
N
The motion carried upon roll call vote.
_Resolution 4217-Adopt, Revise, or Reject Stillwater River/Shady
Lane -Master Plan Amendment
William Lincoln is requesting an amendment to the Kalispell
City/County Master Plan on his property located on the north side
of Conrad Drive east of the Stillwater River. The requested
amendment would change the land use designation from Suburban
Residential (0-2 dwelling units per acre) to Urban Residential (2-8
dwelling units per acre). Mr. Lincoln's request was originally
limited to his 50 acre tract of land, but was expanded by FRDO to
include another 190 acres of property located from the Stillwater
River to Shady Lane, and from Conrad Drive south to Highway 2 and
35. The Planning Board held a public hearing considering this
request with one person speaking in support of the proposal and 18
speaking in opposition. The Planning Board has recommended
rejection of the proposed amendment, and staff concurs with this
recommendation.
Moses moved Resolution 4217, a resolution adopting, revising or
rejecting a recommended amendment to the Master Plan. The motion
was seconded.
City Attorney Neier recommended the motion be amended.
Moses moved to amend the motion by changing the first line to "a
resolution rejecting a recommended amendment to the Master Plan".
On page 2, Section I, 4th line, remove the word "by". The motion
was seconded.
The amendment carried with a vote.
Haarr and Nystul spoke against the motion.
With a roll call vote the motion carried with Haarr, Granmo and
Nystul voting against.
Resolution 4218-third Annexation
This is a request for annexation of a parcel of land containing
approximately .5 acre located 150 feet east of 5th Avenue East and
1,000 feet south of 18th Street East. The applicant has also
petitioned for a zoning classification of RA-1. This annexation
request was prompted by the creation of the 5th Avenue East Sewer
SID. The Planning Board recommends the property be zoned RA-1 upon
its annexation.
780
Staff agrees with the Board's recommendation and further recommends
that Council adopt the resolution annexing the parcel into the City
of Kalispell.
Larson moved Resolution 4218, 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 in Exhibit
"A", to be known as Hird Addition No. 266; to zone said property
Low Density Multi -Family Residential, RA-1, to amend the City
Zoning Map accordingly and to declare an effective date. The
motion was seconded.
The motion carried upon roll call vote.
Resolution 4219-Boller Annexation
This resolution is a request for annexation of a parcel of land
containing 18,300 square feet located approximately 150 feet east
of 5th Avenue East and 400 feet south of 14th Street East. This
annexation request was also prompted by the 5th Avenue East Sewer
SID. The Planning Board recommends an RA-1 zoning classification
upon annexation. Staff concurs with the Board's recommendation for
zoning and further recommends that Council adopt the resolution
annexing the parcel into the City.
Collins moved Resolution 4219, a
alteration of the boundaries of the
therein, as an annexation, a tract
"A", to be known as Boller Addition
Low Density Multi -Family Resident
Zoning Map accordingly and to de
motion was seconded.
resolution to provide for the
City of Kalispell by including
of land described in Exhibit
No. 265; to zone said property
ial, RA-1, to amend the City
Clare an effective date. The
The motion carried upon roll call vote.
Resolution 4220-Mvren Annexation
This resolution provides for the
located on the northwest side
Garland Street approximately 900
The zoning classification is pri
Board recommends the R-3 and
recommending that Council adopt t
into the City.
annexation of a 1.4 acre parcel
of Kalispell, 110 feet west of
feet north of Three Mile Drive.
posed to be R-3. The Planning
staff agrees. Staff is also
he resolution annexing the parcel
Moses moved Resolution 4220, a
alteration of the boundaries of th
therein, as an annexation, a tra
"A", to be known as Myren Addition
Urban Single Family Residential, R
accordingly and to declare an e
seconded.
resolution to provide for the
e City of Kalispell by including
ct of land described in Exhibit
No. 268; to zone said property
-3, to amend the City Zoning Map
ffective date. The motion was
With a roll call vote the motion carried.
781
Resolution 4221-Fairway Boulevard Phases VI, VII and VIII
This resolution completes the annexation of the Fairway Boulevard
subdivision. Phases I-V were previously annexed as part of an
agreement reached with the property owners affected by the original
annexation. Phases VI, VII and VIII were not a part of the
original annexation, because at the time they were not final
platted. Since they are now final platted and being built upon,
the property owners in phase I-V have asked that the City initiate
annexation so that all phases of the subdivision fall within the
City jurisdiction for City service purposes. The intent of the
resolution is to annex phase VI, VII, and VIII, which will complete
the annexation of Fairway Boulevard. It is the recommendation of
the Planning Board to assign the property an R-3 zone and staff
agrees. Further, staff recommends the adoption of the resolution
allowing for the annexation of this property in the City.
Moses moved Resolution 4221, 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 in Exhibit
"A", to be known as Fairway Boulevard Addition No. 267; to zone
said property Urban Single Family Residential, R-3, to amend the
City Zoning Map accordingly and to declare an effective date. The
motion was seconded.
With a roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
Board Appointments
Airport Advisory Board
Mayor Rauthe recommended the following individuals be appointed to
the Airport Advisory Board: Gib Bissell, Jim Lynch, Walt Nolte,
Dana Severey, Art Thompson, Reed Lamb and Richard Fougeron. He
noted there were 15 applicants and thanked everyone that applied.
Atkinson moved to confirm the appointment of Gib Bissell, Jim
Lynch, Walt Nolte, Dana Severey, Art Thompson, Reed Lamb and
Richard Fougeron to the Airport Advisory Board. The motion was
seconded.
The motion carried with a vote.
Board of Adjustments
Mayor Rauthe recommended the appointment of Gene Johnson to the
Board of Adjustments.
Larson moved the confirmation of Gene Johnson to the Board of
Adjustments. The motion was seconded.
Upon vote the motion carried.
4.
782
City/County Planning Board
Mayor Rauthe recommended the appointment of Michael Conner to the
City County Planning Board to replace Rita Fitzsimmons.
Kennedy moved to confirm the appointment of Michael Conner to the
City/County Planning Board. The motion was seconded.
The motion carried with a vote.
Parking Commission
Mayor Rauthe recommended the appointment of Mike Stocklin to the
Parking Commission, who would replace Bob Smith.
Atkinson moved to confirm the appointment of Mike Stocklin to the
Parking Commission. The motion was seconded.
The motion carried with a vote.
BUSINESS FROM MANAGER
Flathead Industries CUP
Flathead Industries requested a conditional use permit to allow a
7-unit apartment complex on properties located at 217 and 229 4th
Avenue West. The property is zoned RA-2 High Density Residential.
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 request with nine conditions. Williams and Staff agreed
with the Planning Board's recommendations and requested Council's
favorable consideration.
Kennedy moved approval of the conditional use permit for the
Flathead Industries for a 7 unit apartment complex at 217 and 229
4th Avenue West with the nine conditions. The motion was seconded.
The motion carried with a vote.
Northwest Montana Mental Health CUP Amendment
The Council's decision to grant a conditional use permit to Western
Montana Mental Health Center to operate a community residential
facility at 1225-2nd Avenue East has resulted in a lawsuit alleging
the City's requirement that WMMHC staff Independence House on a 24-
hour basis violates state and federal anti -discrimination laws.
At the work session of June 26, 1995, Council discussed this issue
and concluded that it would be in the City's best interest to amend
condition number 2 of the CUP by striking the following language:
"The community residential facility herein authorized shall provide
on -site resident care on a twenty-four hour a day basis." The
amended condition 2 will read, "This conditional use permit is
approved in accordance with MCA Title 76, Sections 76-2-412; and
76-2-411(1) , which states that this is to be "a community group
home for the developmentally, mentally, or severely disabled
persons which does not provide skilled or intermediate nursing
care."
783
Any deviation or modification of this permit would require an
amended/new conditional use permit.
Atkinson moved to amend condition number 2 of the CUP by striking
the following language: "The community residential facility herein
authorized shall provide on -site resident care on a twenty-four
hour a day basis." The amended condition 2 will read, "This
conditional use permit is approved in accordance with MCA Title 76,
Sections 76-2-412; and 76-2-411(1), which states that this is to be
"a community group home for the developmentally, mentally, or
severely disabled persons which does not provide skilled or
intermediate nursing care." The motion was seconded.
There was discussion.
Williams read the statutes.
Nystul moved to amend the motion to include the language from MCA
Title 76, Sections 76-2-412; and 76-2-411(1) in Section I,
condition 2 of the conditional use permit. The motion was
seconded.
The amendment carried with a vote.
f
i
There was more discussion.
Moses and Larson encouraged the public to communicate with those
who can do something about this issue, such as the governor, county
commissioners, state legislators and the directors of the group
home.
The amended motion carried upon vote with Kennedy voting against.
Police/Fire Labor Contracts
Williams previously discussed with Council the recently negotiated
labor contracts with the police and fire bargaining units. The two
contracts are very similar with regard to settlement; 1) both are
three year contracts; 2) both call for salary increases of 3% each
of the three years or the CPI-U Western Edition, whichever is
greater; 3) both require the City to pay for physicals of its
members not covered by City insurance; 4) the Fire Contract
recognizes for the first time the value of EMT -I and Paramedic
status by paying certification pay for those members holding these
certifications; and 5) the Police Contract authorizes $50.00 per
month for those members required to carry pagers. Williams
recommended that Council ratify the contracts and allow him to sign
them on behalf of the City.
Moses moved to ratify the Police Labor Contract. The motion was
seconded.
There was discussion.
784
With a vote the motion carried.
Larson moved to ratify the Fire Labor Contract. The motion was
seconded.
Upon vote the motion carried.
Demolition Bids
Williams noted McElroy & Wilken was low bidder for the demolition
of the two houses at 217 and 229 4th Avenue West (Flathead
Industries 7 unit apartment complex project) and will do the work
for $3,500.
Police Chief Clark
Williams welcomed Police Chief Ad Clark back from the FBI Academy.
He announced Clark graduated with honors from the academy. He was
top in his management class and tied for top pistol score. He
thanked Clark for serving the community well.
STAFF REPORTS
Next Work Session July 17, 1995 7:00 p.m.
Next Regular Meeting July 24, 1995 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:50 p.m.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council