2. Council Minutes - Regular Meeting - May 6, 1996871
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 6, 1996, 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 INTERIM CITY MANAGER AL THELEN 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.
Nystul requested the addition of the Solid Waste District report.
Rauthe also requested the addition of a proclamation.
The motion carried upon vote.
Aoorove Minutes -April 15. 1996
Collins moved to approve the minutes. The motion was seconded.
The motion carried with a vote.
Approve Claims per Payables Register
Nystul moved to approve the claims. The motion was seconded.
Upon vote the motion carried.
ADDRESSING THE COUNCIL
Wastewater Treatment Plant Award
Elna Darrow, Flathead Basin Commission, presented the City of
Kalispell with an award of commendation of excellence for the
extraordinary efforts of the supervisors and staff of the
wastewater treatment plant to achieve perfect discharge permit
compliance.
Department of Natural Resources
Roger Noble, Department of Natural Resources, requested a letter of
support from the Council for a grant being applied for regarding
the old Reliance Refinery site.
There was consensus to address this issue during Business from
Mayor and Council.
Schaus Zoning Text Amendment Reguest
Attorney Bruce Measure, 33 2nd Street East, on behalf of Lisa
Schaus, spoke in favor of the proposed request.
Proposed Personnel Budget Cuts
Wes Hulla, 928 8th Street West, spoke against the proposed
personnel cuts to achieve the 15 mill budget reduction and
requested Council reconsider.
Hunter -Annexation and Zoning Request
Kit Hunter, 460 1st Avenue East North, spoke in favor of the
request for annexation and zoning..
ORDINANCES & RESOLUTIONS
Ordinance 1238-Subdivision Regulations-2nd Reading
At the Council meeting on April 15, 1996, the Council approved
first reading of the Subdivision Regulations for the City.
Larson moved Ordinance 1238, 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 6 and 7,
Block 240 Kalispell Addition No. 6 located in Section 7, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana
(previously zoned R-3, Residential), B-3, Community Business, in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded.
Donahue spoke against the ordinance.
There was discussion.
The motion carried upon roll call vote with Kennedy, Larson,
Nystul, Collins, Granmo, Haarr and Mayor Rauthe voting in favor and
Donahue voting against.
Ordinance 1239-Expansion Permitted Signs in R-1, R-2, R-3 and R-4-
lst Reading
Lisa S. Schaus made an application to amend Section 27.24.090,
Permitted Signs in Zones R-1, R-2, R-3 and R-4 to allow "one non -
illuminated two-sided sign not to exceed six square feet in area
attached to the house, in connection with a home occupation". Ms.
Schaus operates an art studio and desires a sign designating her
location. Signs generally are not permitted in R-1 through R-4
except for temporary signs, signs connected with a permitted or
conditionally permitted non -dwelling use, and subdivision
identification signs. The Planning Board and Zoning Commission
recommended insertion of the following language in S 27.24.090
(5): One non -illuminated sign not exceeding four square feet per
face below the eave line in conjunction with residential use. At
the Council workshop there was considerable discussion on both the
appropriateness and size of signs for home occupations in the R-1
through R-4 zones. The consensus of the Council appeared to be
something less than the Planning Board recommendation. The City
Attorney prepared Ordinance 1239 which allows as follows: "one
non -illuminated sign not exceeding two square feet below the eave
line attached to the building in conjunction with a residential
use".
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Collins moved Ordinance 1239, an ordinance amending Section
27.24.090, City of Kalispell Zoning Ordinance No. 1175. The motion
was seconded.
There was discussion.
Atkinson moved to amend the ordinance to include 1 non -illuminated
sign not to exceed 4 square feet total, below the eave line, flush
attached to the building or perpendicular, in conjunction with
residential use. The motion was seconded.
There was discussion.
The amendment carried with Atkinson and Larson voting against.
There was more discussion.
Nystul moved to table the motion. The motion was discussion.
The motion carried with a vote and was tabled.
Resolution 4261-Spring Creek -Annexation and Zoning Request (Hampton
I n
Spring Creek Development L.L.C. has made a request for annexation
{ and zoning of tract of land located approximately 300 feet south of
U.S. Highway 2 and 400 feet west of Meridian Road. The developer
has requested a General Business, B-2 zoning classification for the
property which allows a variety of commercial uses. Resolution
4261 provides for the annexation and zoning of the subject property
in accordance with the Planning Board and Zoning Commission
recommendation and the Master Plan.
Larson moved Resolution 4261, 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 located in the southeast
quarter of the southeast quarter of Section 12, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana, to be known as
Spring Creek Development L.L.C. Addition No. 272; to zone said
property General Business, B-2, 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 with Atkinson, Kennedy,
Larson, Nystul, Collins, Donahue, Granmo, Haarr and Mayor Rauthe
voting in favor.
solution 4 2 6 2 -Hunter -Annexation and Zoning Reguest(1400 4t
Kit and Shelby Hunter have requested annexation and zoning of
approximately .45 of an acre located at 1400 4th Avenue West.
Applicants have requested an R-4 zoning classification which allows
duplexes.
MW
Resolution 4262 provides for the annexation and zoning of the
subject property in accordance with the Planning Board and Zoning
Commission recommendation and the Master Plan.
Kennedy moved Resolution 4262, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, Assessor's tracts 8T1A in the southwest
quarter of the southeast quarter of Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, to be known as
Hunter Addition No. 273; to zone said property Two Family
Residential, R-4, 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, Kennedy,
Larson, Nystul, Collins, Donahue, Granmo, Haarr and Mayor Rauthe
voting in favor.
Resolution 4M-Hunter-Preliminary Plat
Hunters also requested Preliminary Plat approval of a Minor
Subdivision regarding the lot at 1400 4th Avenue West. The lots
created by the subdivision meet the minimum lot size required by
the Zoning Ordinance. Approval of the subdivision with three
conditions was recommended by the Planning Board and Zoning
Commission.
Kennedy moved Resolution 4263, a resolution approving the
preliminary plat of the Hunter 1 and 2 Subdivision, Flathead
County, Montana. The motion was seconded.
With a roll call vote the motion carried with Atkinson, Kennedy,
Larson, Nystul, Collins, Donahue, Granmo, Haarr and Mayor Rauthe
voting in favor.
Resolution 4264-Buffalo Hill Golf Course County Island Addition No.
274-Annexation and Zoning Reguest
Resolution 4264 deals with a tract of land South of Grandview Lane
containing approximately 13.5 acres. The subject property is
within the area commonly known and referred to as the Buffalo Hills
Golf Course. The recommended zoning classification is Public, P-1
and was recommended by the Planning Board and Zoning Commission.
Donahue moved Resolution 4264, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, Assessor's tracts 5AC and 5D, and Road
abandonment #84, located in Section 6, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, to be known as Buffalo Hill
Golf Course County Island Addition No. 274; to zone said property
Public, P-1, to amend the City •Zoning Map accordingly and to
declare an effective date. The motion was seconded.
875
The motion carried upon roll call vote with Atkinson, Kennedy,
Larson, Nystul, Collins, Donahue, Granmo, Haarr and Mayor Rauthe
voting in favor.
BUSINESS FROM MAYOR & COUNCIL
Proclamation -Builders Club Week
Mayor Rauthe proclaimed May 5-11 as Builders Club Week and May 12-
18 as National Historic Preservation Week. There will be walking
tours of the City. Tickets will be available from Flathead Travel
and the Hockaday Center.
News Articles
Rauthe corrected and clarified some recent news articles in the
Inter Lake.
Solid Waste District Report
Nystul reported his position on the Board expires June 30th and the
appointment is by the County Commissioners. He felt discussion may
be necessary.
pggartment of Natural Resources Request
Kennedy moved the City of Kalispell forward to the Department of
Natural Resources a letter supporting grant funds for the clean up
work that needs to be done on the Reliance Refinery property in
Kalispell and have the mayor sign. The motion was seconded.
,
The motion carried upon vote.
BUSINESS FROMMANAGER
D.A. Davidson " Agreement- Serve as Fiscal Agent
The Council previously made a decision to issue revenue bonds for
certain improvements to the water utility. The issuance of bonds
will require a fiscal agent to advise and assist the City staff.
D.A. Davidson & Co. has made a proposal to act as the City's agent
for the sum of $7,500. The fact that D.A. Davidson might be the
agent does not mean that other firms are foreclosed from bidding
the purchase of the bonds. Several firms are expected to bid, as
the issue will approach $1,000,000.
Larson moved Council authorize the hiring of D. A. Davidson as the
City's advisor for the sale of water revenue bonds. The motion was
seconded.
With a vote the motion carried.
FRDO 1997 Work Program
A letter was received from Teresa Fox -Hash outlining the proposed
list of projects to be carried out by the FRDO staff in fiscal
1996. The list includes update of Master Plan, Highway Corridor
Standards; Neighborhood Plan for Southeast Kalispell (Greenacres,
South Woodland, Kelly Road, etc.); Neighborhood Plan for Center
Street to Idaho and Meridian Road to 5th Avenue West North;
Neighborhood Plan for Idaho to 3rd Avenue East North and North of
Center Street and Woodland Park; amendment of Zoning Ordinance and
up -date of Master Plan Map.
Larson moved to approve the proposed list of projects to be carried
out by the FRDO Staff in 1997. The motion was seconded.
Donahue moved to amend to approve the amount the CAB has indicated
as the City's portion of the cost of the FRDO as a legitimate and
accepted expense of the city from the mayor's recommendation that
we will get our money's worth. The motion was seconded.
There was discussion.
The amendment carried with a vote.
The amended motion carried upon vote.
bet Sewer Rate for Evergreen-1996 Calendar Year
The City staff for over the past year has been involved in a
discussion with Flathead Sewer and Water District No. 1 regarding
the appropriate rate charged by the City for the treatment of
sewage. Tim Berry of Morrison and Maierle contracted with the City
to evaluate the City's rate of $1.75 per thousand gallons set in
January of 1995. Berry made some recommendations which caused the
staff to adjust certain costs (primarily billing cost) out of the
rate resulting in a reduction of the rate to $1.64. The District's
expert has established a proposed rate of $1.42-1.49, so there are
still some negotiations needed to settle the matter. The District
has paid its previously outstanding arrearage of $103,000 based on
the $1.64 rate with the understanding that final adjustments will
be made upon resolution of the differences. The Manager and staff
recommended that the Council approve the $1.64 rate based upon the
staff's adjustments, with the understanding that a further
adjustment may be recommended after further negotiations.
Atkinson moved to approve the rate of treatment of Evergreen sewage
be placed at $1.64 per thousand retroactive from January 1, 1996 to
this date. The motion was seconded.
Nystul abstained from discussion and vote.
Upon vote the motion carried.
Qity Manager Recruitment
Thelen reminded of the continuation of the city manager recruitment
to follow this meeting.
STAFF REPORTS
Next Work Session May 13, 1996 7:00 p.m.
Next Regular Meeting 20, 1996 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:58 p.m.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
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