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