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12/07/92 City Council Minutes517 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 7, 1992, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -November 16, 1992 Approve Claims per Payables Register Buck moved the approval of the consent agenda. The motion was seconded. Rauthe noted a name spelling error on Page 514. Buck requested Williams explain the claim for Kathy McKay. Williams explained the claim for Kathy McKay for $5,000 is the individual the City contracted with for the historical survey. The funding was to come from three sources. Kalispell was to contribute $1,000, the State Historical Society was going to contribute $20,000 and $4,000 would come from private donations. The project is almost complete and it is time to pay the contractor for the work performed under the contract. There has not been any private donations so the $5,000 would come from public funds. The motion carried with a vote. ADDRESSING THE COUNCIL CRSS Traffic Study Update Joe Hart, CRSS Civil Engineers, Inc., gave a brief summary of the current Kalispell area traffic study. He announced the next public meeting is December 8, 1992 at 7:00 p.m. at the Justice Center Community Room. Flathead Industries Proposed Zone Change Mike Kelly, Flathead Industries Director, explained the reasoning for the application for the zone change. ORDINANCES 6 RESOLUTIONS Resolution 4083-Juniper Bend -Preliminary Plat Larson moved Resolution 4083, a resolution conditionally approving the Preliminary Plat of the subdivision of Tract Numbers 5E and 5CA in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. The Kalispell City/County Planning Board met October 20, 1992 to consider requests by the Mitchell/Swoish Partnership for the following: 1) annexation of and assignment of zoning to, a small parcel of property adjacent to Grandview Drive, (30' strip on North edge) 2) Preliminary Plat approval of a 26 unit townhouse development, and 3) a Conditional Use Permit for the same townhouse development. The purpose of this resolution is to consider approval of the Preliminary Plat. A future public hearing will be held to consider the annexation and the CUP request will be conciderc :` ": = :r i i ::his agenda. The subject property is a 12.85 acre tract of land located east of Grandview Drive and west of the Stillwater River. The partnership is requesting the approval of the Preliminary Plat for a 26 unit townhouse development on the land which includes the parcel considered for annexation. The Planning Board reviewed the request after the public hearing and recommended approval of the Preliminary Plat with 16 conditions. Williams recommended that Council adopt the Planning Board's recommendation including the conditions and approve the Preliminary Plat. 0 5 8: 518 There was discussion. With a roll call vote the motion c BUSINESS FROM MAYOR i COUNCIL ied. Mayor Rauthe recommended Carol Nelson to replace Chuck Manning on the Architectural Review Committee. Atkinson moved to accept the appointment of Carol Nelson to the Architectural Review Committee. The motion was seconded. Atkinson thanked Chuck Manning for his many years of service on the committee. He was applauded. Manning stated he trusted the M yor and Council will continue their support for the Architectural Review Committee. With a vote the motion carried unanimously. Rauthe presented Police Chief Ad Clark with the 1991 AAA Pedestrian Safety Citation. He thanked the department for their efforts, education and awareness. National League Convention Rauthe reported the. National League Convention held in New Orleans was very successful. Rauthe, Atkinson and Moses gave a brief summary. House Demolition Nystul thanked City Attorney Ne er for his assistance on the recent house demolition on 4th Avenue East. KDC Luncheon Moses reminded Council of the KDC Luncheon on Tuesday, 12/8/92 at noon at the Outlaw, Inn, Colt 45 Room. BUSINESS FROM MANAGER The second request of the applicants for this project is for a Conditional Use Permit which would allow for the construction of a 26 unit townhouse "cluster development". The Planning Board held a public hearing on this matter and recommended the granting of a Conditional Use Permit with 8 conditions. The findings of the FRDO staff indicate 1) the site is suitable in size and design to accommodate this type use 2) access to and from the site will be adequate with the improvement of Grandview Lane to City standards 3) environmental constraints of the site were considered in the use and desig of the development 4) public facilities are available and adequate for the proposed use and 5) the impact to surrounding properties should be minimal. Williams recommended that Council adopt the Planning Board's recommendation authorizing the CUP with the 8 conditions and instructing the city attorney to develop the proper CUP for signature. Larson moved to approve the gr nt of conditional use for the Juniper Bend development with the 8 conditions attached by the City/County Planning Board. The motion was seconded. The motion carried upon vote. Flathead Industries Zone Change November 10, 1992 the Kalispel Planning Board considered a request by Flathead Industries to change the zoning of property they own located at 305 Third Avenue East. The applicant requested a change of zone from RA-1, Low Density Residential Apartments to RA-3, a Residential Apartment/Office District. 1 1 519 The Planning Board discussed the request and considered that in their opinion an RA-1 zone provided the applicant with an adequate number of uses and that a change in the zoning to an RA- 3 designation would represent an intrusion into the residential neighborhood. The Planning Board subsequently voted unanimously to forward the negative recommendation to Council. The options include: 1) adopting the findings and recommendation of the Planning Board or, 2) allowing for a public hearing to be scheduled for December 21, at which time Council would have the opportunity to hear from the applicant and any proponents/ opponents. After reviewing the Planning Board's findings Williams concurred with their recommendation to deny the zone change request. The Board's conclusion was that the RA-1 zone provides the applicant with a sufficient number of Permitted and Conditionally Permitted uses and to extend the RA-3 district beyond Third Avenue East would threaten the residential character of the neighborhood. Williams recommended that Council concur with the Planning Board and deny the applicant's request. There was discussion and Brian Wood from FRDO answered questions. Nystul moved the Council set a public hearing for 12/21/92 at which time to consider the zone change request of Flathead Industries. The motion was seconded. With a vote the motion carried. Sludge Management Agreement City Attorney Neier has added the two Council recommended changes to the Sludge Management Agreement with American Timber Company. One is related to the truck wash -down at no cost and the other related to annual adjustments in the charges if a CPI reduction occurs that the City would'see a corresponding reduction in the charge. After discussion it was agreed to change the 2nd Whereas, change a portion of the sentence to read wastewater that produces an end product of dewatered sludge, and delete the rest of the wording in that paragraph. Nystul moved the Council authorize the manager to enter into'a sludge management agreement with American Timber company of Olney, Montana to treat the municipal wastewater products from the City's biological, phosphorous and nutrient removal wastewater treatment facility. The motion was seconded. With a vote the motion carried. Bid Award -Building Department Staff Car Bids were opened on Monday November 30, for the Building Division. Four bids were Rygg Ford $13,227.50 6 cylinder Bob Meier $12,429.00 4 cylinder $12,951.00 6 cylinder Roy Stanley $12,590.41 4 cylinder DePratu" $13,647.00 6 cylinder 1992 for one staff car received. After review of the bids for compliance, all bidders met the minimum specification. The preference as noted in the bid specifications was for a 6 cylinder auto. Williams recommended the low bid of Bob Meier in the amount of $12,951 for the 1993 Oldsmobile Ciera. Buck moved the bid be awarded to Bob Meier in the amount of $12,951.00 for the 1993 Oldsmobile Ciera. The motion was seconded. 520 The motion carried with a vote. ovment of New Personn Police Officer AvDointment Williams introduced the new poli requested Council confirmation. Brenden thanked the Mayor and Cc upholding the reputation of the K officer James D. Brenden and ncil and is looking forward to lispell Police Department. Atkinson moved the Council accepts the recommendation that James D. Brenden be appointed to police officer for the Kalispell Police Department with an effective date of 12/8/92. The motion was seconded. The motion carried upon vote. Zoning Administrator Williams introduced the City's first zoning administrator Brian Wood. Wood will be starting in a couple weeks. Rauthe welcomed Wood to the staff Fire Department Confirmation Fire Chief Waggener has recommended Lt. James Neal be confirmed as he has completed his probationary period. Williams concurred with Waggener's recommendation and requested confirmation. Atkinson moved the Council accept James Neal's promotion to Lieutenant for the Kalispell Fire Department. The motion was seconded. The motion carried with a vote. Out of Town Williams will be out of town for a few days and City Attorney Neier will be acting manager in his absence. KPA Reauest Williams asked Council to give him a written response regarding the KPA's request concerning vehicles being taken home, so he may know what direction to take. Williams explained the proposed League Agenda of Resolutions for the Legislative Session. STAFF REPORTS Traffic Study Public Hearing 12/8/92 7:00 p.m. Justice Center Council/Commissioners/Legislators Meeting 7:00 p.m. Justice Center Next Work Session 12/14/92 7:00 .m. Next Regular Meeting 12/21/92 7:00 P.M. ADJOURN The meeting was adjourned at 8:53 p.T. D. Rauthe, Mayor ATTEST: Amy H.'Robertson, Finance Direc Debbie Gifford, Clerk of Council 1 Approved 12/21/92