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A. Council Minutes - Regular Meeting November 3, 19971085 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 3, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, JOHN GRAVES, 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 Rauthe noted Krepps requested the removal of Item 7, Resoluticm 4375- homas, Dean & Hoskins -Woodland Cnurt Chanap order. Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting -October 20, 1997 B. Approval of Claims per Payables Register-$280,622.47 C. Pledged Securities September 30, 1997 D. Immanuel Lutheran Home Conditional Use Permit Collins moved to approve the consent -agenda. The motion was seconded. ; Upon vote the motion carried. HEARING THE PUBLIC Scott Biesheuvel, 3020 Trumble Creek Road, read a letter from he and his wife Debbie. They have been renting the Desperados Dance Hall on Main Street for the youth to go to on Saturday nights. It has been very successful. The building is now up for lease and he requested some help with the cost of this Youth Center. First Time Home Buyers Pr gram Brenda Krantz, 1717 South Woodland, thanked the Council for the 1st Time Home Buyers Program. She said she would be moving in soon and would not have been able to purchase a home otherwise. Her son Ryan thanked the Council also. First Security Rank on Change -North Meridian and Two Mile Drive Bruce Lutz, supported the zone change request from First Security Bank. John King, 134 North Haven, also spoke in favor of the zone change. Ron Trippett, Somers, spoke in favor of the zone change. 1:: He also submitted an offer for Lots 15 and 16 of Block 36 to City Manager Krepps for consideration. Sri di an gnarl -one Way East Betw-aen"liw-y-91 -and-Windward-MAY Mike Strand, was not in favor of the one way between Hwy 93 and Windward Way. Ordinancc- 1268-Meridian Road -One Way_ Past Between HwV 93 and Windward Way-2.nd Reading This is the continuing process for this change in traffic direction. The coordination with the opening of the new portions of streets is assured. This street should be opened by the November 18 target date. At this time the driving surface is complete. All of the handicapped ramps are not complete. The construction trailer is still on the street. One small wedge of asphalt needs to be poured at one intersection. Discussions with MDOT have indicated that there is no reason to have a further joint meeting. They believe this is the correct decision and is one that was previously agreed upon and approved. Donahue moved Ordinance 1268, an ordinance to establish one-way only vehicle traffic on Meridian Road East between U.S. Highway 93 North and Windward Way and declaring an effective date. The motion was seconded. There was discussion. The motion carried upon roll call vote --with Atkinson, -Collins, Donahue, Graves, Kennedy, Larson and Nystul voting in favor and Haarr and Rauthe voting against. Snow Removal Ordinance Amendment-s. Due to the changes in the snow policy, all six of the following ordinance changes are required to assure that coordination and enforcement is consistent with the policy. First Readings would be the normal process for approval of these ordinances. Due to the timing of the policies and the fact that snow could hit at any time, Krepps suggested passing Ordinances 1269, 1270, and 1271 under the emergency provisions for ordinances, and 1272, 1273, and 1274 being passed under the regular process. Emergency Nystul moved Ordinance 1269, an ordinance amending Chapter 17, Motor Vehicles and Traffic, Kalispell Municipal Code by amending Ordinance No's 627, SS 2; 766, SS 1; authorizing the City Attorney to recodify Chapter 17, Kalispell Municipal Code in accordance with 1087 this ordinance; declaring an effective emergency. The motion was seconded. There was discussion concerning the hours and there was consensus from the Council to purchase two gates for the snow plows. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. M Kennedy moved Ordinance 1270, an ordinance amending Chapter 24, Streets and Sidewalks, Kalispell Municipal Code by amending R.O. 1947, SS 975; authorizing the City Attorney to recodify Chapter 24, Kalispell Municipal Code in accordance with this ordinance; declaring an emergency. The motion was seconded. Donahue moved to amend the motion to state within 72 hours from the beginning of the snow event. The motion was seconded. There was discussion. The amendment carried upon vote with Donahue, Atkinson, Haarr, Nystul, Graves, and Rauthe voting in favor and Collins, Kennedy and Larson voting against. The amended motion carried upon- roll- call voteuwkth -Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. . Ordinance j .71 - m nd Chapter 24, Section 18-Pushinq Snow From Privates Premisps Onto StrAts and Sidewalks Policy Larson moved Ordinance 1271, an ordinance amending Chapter 24, Streets and Sidewalks, Kalispell Municipal Code by amending Ordinance No. 680, SS 1; authorizing the City Attorney to recodify Chapter 24, Kalispell Municipal Code in accordance with this ordinance; declaring an emergency. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. The following ordinances 1272, 1273 and 1274 were deferred until the next meeting. 1088 4 Ordinance 1.73-Am nd Chapter 24. erection 17-Duty to Keep Sidewalks Clean of Snow, Ice, Etc- l st Readi n- If-MUlm oil* It Ordinance 1275-First- S _c uri _y Bank Znne Change from B-1 to B-3 NW r_orn r Meridian nd Two _Mile —Drive- 1st Reading Flathead Regional Development Office received a request from Great Northern Bancshare, Inc. and First Security Bank of Kalispell for a zone change from B-1, a Neighborhood Buffer District, to B-3, a Community Business District. The site is located on the northwest corner of Meridian Road and Two Mile Drive, and contains approximately 1.48 acres. The Planning Board forwarded a unanimous recommendation after a public hearing was held on October 15, 1997. Kennedy moved Ordinance 1275, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance 1175), by zoning property described in Exhibit "A" (previously zoned B-1 Neighborhood Buffer District), B-3, Community Business District, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. The motion carried with Atkinson, Collins, Donahue, Graves, Larson, Kennedy, Haarr, Nystul and Rauthe voting in favor. - City Manager Contract/Evaluation Each of the Council Members and the Mayor have completed an annual evaluation of the Manager,8"performance for the Lpast=year Larson moved to change the City Managers employment agreement to include a 3% salary increase and a 3% car allowance increase and extend the contract to terminate August, 2000. The motion was seconded. There was discussion. Donahue spoke against the increase and Haarr was not prepared. The motion carried with a vote with Donahue and Haarr voting against and Atkinson, Collins,. Graves, Kennedy, Nystul, Larson and Rauthe voting in favor. Resolution 4376-Stop Signs at 3rd Avenue West North and W sh'ngton Street The Police Chief and the Public Works Director have reviewed and analyzed the intersection of 3rd Avenue West North and Washington Street. The review confirms that stops are warranted. According to the MUTCD, vision problems, accident history, and intersections of certain major/minor streets justify installation of stop signs to control the intersection. This resolution will authorize stops on 3rd Avenue west North. 1:' With the new signs at Washington on 1st and 2nd, this intersection has become increasingly important to control. A recent accident history check reveals 4 accidents at this corner within the last 18 months. Nystul moved Resolution 4376, a resolution approving the placement of a stop sign at 3rd Avenue West North at its intersection with Washington Street and declaring an effective date. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4377 Pr liminary a Am nded plat Buffalo agP Phase I tots 1T-12T On October 15, 1997, the Planning Board held a public hearing for a request by Sands Surveying on behalf of Penco of Montana, Inc. for preliminary plat approval of the amended plat of Buffalo Stage Phase I, Lots 1T through 12T, a 24 lot single family residential subdivision. The property contains approximately 5.895 acres and was previously platted for 48 townhouse lots. The property is located west of Whitefish Stage Road and south of Edgerton School. The Board voted unanimously in favor. Krepps concurred with the recommendation of the Board for the re - platting to a less dense usage. Kennedy moved Resolution 4377=; a-resolution.approving the amended plat of the Buffalo Stage Phase I subdivision, Flathead County, Montana. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resnluion 4379-set Da._ for Pihlir_ Hearing -Budget Amendment Samaritan Ho ua _ r4rant Approval was received of the City's $400,000 CDB Grant for the Samaritan House. To enable the City to legally spend these grant funds, a Public Hearing date needs to be set for a budget amendment. The Public Hearing would be held November 17 at 7:00 p.m. to gain input/comments from the public and to fulfill the legal publication/hearing requirements. Atkinson moved Resolution 4378, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1997-98 budget adopted by - the City Council for the CDBG Public Facilities Grant Program. The motion was seconded. 1090 The motion carried upon roll call vote with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. The City -County Planning Board received a request from Northwest Health Care for preliminary plat approval of Buffalo Commons Phase II, a residential subdivision proposed for 35 townhouse units on twelve parent lots. The twelve lots will be developed with duplex, triplex and fourplex housing units constructed to a single family standard and conveyed as individual units. The property contains approximately 8.44 acres and is part of the 70 acre planned unit development Buffalo Commons. The property is located on the east side of Hwy 93 North on the north side of Heritage Way. A public hearing was held and the Planning Board voted unanimously to approve this. Collins moved Resolution 4379, a resolution approving the preliminary plat of the Buffalo Commons Phase II, Flathead County, Montana. The motion was seconded. Upon roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. r Donahue reviewed the minutes from the Solid Waste Board. FOR YOUR INFORMATION Work Session Hwy 93 South Discussion November 10, 1997 7:00 p.m. Next Regular Meeting November 17, 1997 7:00 p.m. Airport Authority Meeting November 17, 1997 ADJOURN The meeting was adjourned at 8:15 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC/AAE Clerk of Council