08/16/93 City Council MinutesRM
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, AUGUST 16, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL.
MAYOR RAUTHE PRESIDED. COUNCILMEMBERS ATKINSON, GRANMO, BUCK,
LARSON, KENNEDY, NYSTUL, COLLINS AND CITY MANAGER WILLIAMS WERE
PRESENT. MOSES WAS ABSENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -Regular Meeting August 2, 1993
Special Meeting August 9, 1993
Approve Claims per Payables Register
Pledged Securities 6/30/93
Buck moved to approve the consent agenda. The motion was seconded.
The motion carried with a vote.
ADDRESSING THE COUNCIL
Proposed Bypass
Melody Gower, 1175 North Meridian, encouraged the Council to stick
to the decision to do the bypass, but more time is necessary to
pick the right location. She spoke against the Meridian location.
PUBLIC HEARINGS
Three Mile Farm -Annexation and Preliminary Plat
The purpose of this hearing is to receive public comment concerning
a request by Clyde Smith, James and Sharon Petesch and Fred Gendler
for annexation with a zoning classification of R-4 for a 7.8 acre
tract of land located between Three Mile Drive and Liberty Street,
about 800 feet west of Northern Lights Boulevard. The applicants
are also requesting Preliminary Plat approval for a 70 unit PUD on
this property.
Proponents
David Greer, Montana Planning Consultants, representing the owners
and developers spoke in favor of the development. He requested
sidewalks on one side of the street and 18 additional parking
spaces. He noted if the Council is not interested in modifying the
conditions, the applicants will be withdrawing both the request for
annexation and preliminary plat approval.
Lynda Collins, Coldwell Banker realtor, spoke in favor of the
development.
Opponents
None
Rauthe closed the public hearing.
Liberty Village -Preliminary Plat
The hearing has been scheduled to receive public comment concerning
a request by O.H. Whitescarver for Preliminary Plat approval of
Liberty Village, a 6 lot residential subdivision located at the far
western end of Liberty Street.
Proponents
Bill Janes, representing O.H. Whitescarver, spoke in favor of the
development and asked that the 30 ft. additional dedication be
dropped from the preliminary plat.
Opponents
Darcy Lard, Dorothy and Gene McGlenn's daughter, landowners to the
west of this property, spoke on her parents' behalf. She read the
letter sent to Debbie Gifford from Jerome Cate, advising the
Council that the McGlenns will not sell or release any of their
property along the west side of Liberty Village for street
purposes, and that the additional thirty feet for a sixty foot
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street in the Liberty Village Addition must come out of the
applicant' s project and not the McGlenn's property.
She spoke against several issues concerning the development.
Rauthe closed the public hearing.
ORDINANCES & RESOLUTIONS
Resolution 4121-Three Mile Farm -Annexation
The purpose of this resolution is to annex into the City a 7.8 acre
tract of land located between Three Mile Drive and Liberty Street.
A proposed 70 unit PUD is being planned for this parcel. The
resolution also assigns an R-4 zoning designation for this
property. Williams and Staff recommended that Council adopt the
resolution authorizing the annexation and zoning for this property.
Collins abstained from discussion and vote on Resolution 4121 and
4122.
Williams suggested discussing Resolution 4122 first since the
applicant may withdraw application for annexation if conditions are
not modified for the preliminary plat.
There was discussion about modifying the conditions.
Kennedy, Granmo and Larson spoke in favor of modifying #16 and #3.
Kennedy moved Resolution 4121, 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 as described in Exhibit
"A", attached hereto, to be known as Three Mile Farm Country
Townhomes No. 252; 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.
There was more discussion.
The motion carried with a roll call vote with Atkinson voting
against.
Resolution 4122-Three Mile Farm -Preliminary Plat
This resolution approves the Preliminary Plat for the Three Mile
Farm PUD. The resolution contains 16 conditions of approval. All
conditions contained in the resolution comply with City standards,
except for the Parking requirements. The developers' design meets
the minimum requirements of the Zoning Ordinance. However, because
of the narrow width of the street system within the development,
and the fact so much of the project will be consumed with
individual private driveways leading to and from townhouse units,
that on street over -flow parking will be almost nonexistent. To
address this concern Condition #16 was added which requires the
developer to provide additional parking at a ratio of 1 space per
every 2 units or 35 spaces more than the minimum requirement of our
ordinance. It is Staff's opinion that sidewalks in this
development are critical, because of the family nature of this
project which will attract families with children walking to area
schools. Williams and Staff recommended that Council adopt the
resolution approving the Three Mile Farm PUD Preliminary Plat.
Kennedy moved Resolution 4122, a resolution conditionally approving
the Preliminary Plat of the Three Mile Farm Country Townhomes,
located in NE 1/4, Section 12, Township 28 North, Range 22 West,,
P.M.M., Flathead County, Montana with the changes in Condition #3
to indicate Homestead Avenue and Farmhouse Lane shall have a 5'
sidewalk on one side including around the cul-de-sac and all
language shall refer to one sidewalk and amend Condition #16 to say
18 additional parking facilities shall be provided to accommodate
overflow parking etc. The motion was seconded.
Atkinson spoke against the motion.
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Kennedy spoke in favor of the motion.
Upon roll call vote the motion carried with Atkinson voting
against.
Resolution 4123-Liberty Village -Preliminary Plat
The purpose of this resolution is to approve the Preliminary Plat
for Liberty Village, a 6 lot residential subdivision. The maximum
density allowed by this subdivision would be 68 units which would
require a Conditional Use Permit and additional review by the City.
Williams and Staff recommended that Council adopt the resolution
containing 10 conditions approving the Preliminary Plat for the
Liberty Village subdivision.
Buck moved Resolution 4123, a resolution conditionally approving
the Preliminary Plat of Liberty Village, located in NE 1/4, Section
12, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana. The motion was seconded.
There was discussion.
The motion carried with a roll call vote.
Resolution 4124-Authorize Utilization of Income Derived from
Southwest Kalispell Rehab Project
This resolution officially authorizes the City to utilize program
income derived from the Southwest Kalispell Housing Rehab Project
(Block Grant) for Emergency Housing Rehab activities anywhere
within the city limits of Kalispell. Williams and Staff
recommended that Council adopt the resolution authorizing the
Citywide Emergency Rehab Program.
Atkinson moved Resolution 412411 a resolution authorizing the
utilization of program income derived from the Southwest Kalispell
Housing Rehabilitation project CDBG Grant for Emergency Housing
Rehabilitation activities anywhere within the City of Kalispell.
The motion was seconded.
The motion carried upon roll call vote.
Resolution 4125-CDBG Application -Group Home Complex -Flathead
Industries
The purpose of this resolution is to authorize the submission of a
grant application to the Montana CDBG program in the amount of
$306,000 to create a group home for the disabled clients of
Flathead Industries. The project would consist of 12-16 unit
apartment complex for the purpose of providing housing for the
physically or mentally handicapped clients of Flathead Industries.
Williams and Staff recommended that Council adopt the resolution
authorizing the submission of this grant application.
Atkinson moved Resolution 4125, a resolution authorizing submission
of an application to the Montana CDBG Program. The motion was
seconded.
With a roll call vote the motion carried.
Resolution 4126-CDBG Application -Low Income Housing
This resolution would also authorize the City to apply for a second
Community Development Block Grant for the purpose of creating a 32
unit apartment complex to serve the needs of Kalispell's very low
income residents. Part of the units would be designated as
transitional housing serving clients of Northwest Montana Human
Resource Corporation. Williams and Staff recommended that Council
adopt the resolution authorizing the submission of this grant
request.
Atkinson moved Resolution 4126 authorizing submission of an
application to the Montana CDBG Program. The motion was seconded.
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Kennedy spoke in favor of the motion.
There was discussion.
Larson spoke in favor of the motion.
Upon roll call vote the motion carried.
Resolution 4127-Authorize Purchase of Tidyman's Property
The purpose of this resolution authorizes the purchase of Lots 1
and 2 of the Kalispell Market Place subdivision in the amount of
$350,000. Funding for this purchase will come from the City's TIF
budget. The property is being purchased for the purpose of
expanding Depot Park and for parking. Williams and Staff
recommended that Council adopt the resolution authorizing the
purchase of this property.
Atkinson moved Resolution 4127 authorizing the purchase of Lots 1
and 2, Kalispell Market Place, Phase I, a resubdivision of Lot 6-A,
amended plat of Lots 4, 5, and 6, Block 24, Kalispell Original,
from Tidyman's, Inc., a Washington Corporation, and authorizing the
City Manager to accept said property on behalf of the City of
Kalispell. It includes that it shall take effect 30 days from and
after its final passage by the City Council and approved by the
Mayor. The motion was seconded.
Larson, Granmo, Buck, Collins, Kennedy and Rauthe spoke in favor of
the motion.
The motion carried with a roll call vote with Nystul voting
against.
Resolution 4128-Intent to Amend City/County Master Plan
The purpose of the resolution is to express the City Council's
intent to adopt, revise or reject the Kalispell Area Transportation
Plan and Kalispell Bypass Feasibility Study as amendments to the
Kalispell City/County Master Plan. The proposed changes relate to
the completion of both plans including recommendations concerning
the identification of an alternate route 93 and local
transportation improvement recommendations.
Collins moved Resolution 4128, a resolution of intention to adopt,
revise or reject a Kalispell Transportation Plan Amendment and
Bypass Feasibility Study to the Kalispell City/County Master Plan.
The City Council shall consider whether to pass a final resolution
revising the Kalispell City/County Master Plan as set forth herein
at a meeting to be held on the 20th day of September, 1993 at 7:00
p.m. The motion was seconded.
There was discussion.
Upon roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
Meetings
Montana State Historic Preservation Review Board meeting 8/17/92
Library 7:00 p.m.
Montana State Historic Preservation Review Board meeting 9/13/93
Audit Exit Conference
The Audit Exit Conference was held 8/12/93. The City received a
very clean and positive audit.
Bypass Meeting
Atkinson moved to authorize the city manager to make arrangements
with the County commissioners to arrange a meeting regarding the
Bypass Feasibility Study. The motion was seconded.
Kennedy, Larson and Buck spoke against the motion.
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With a vote the motion failed with Atkinson, Nystul and Rauthe
voting in favor.
Out of Town
Nystul will be gone the next 10 days.
Granmo will not be at the next Council meeting.
Collins will be gone for the next 12 days.
BUSINESS FROM MANAGER
Gateway Orchard Villas -Final Plat
The Preliminary Plat for this subdivision was conditionally
approved by the City Council on March 15, 1993 with 12 conditions.
The Preliminary Plat proposed the creation of nineteen multi -family
lots on 8.1 acres of land along the south end of Glenwood Drive.
The applicants received a CUP to construct 88 apartments or
townhouses in this site. The applicant proposes to proceed with
the individual filing of final plats for creation of townhouse lots
on each of the 19 lots at a later time. The Preliminary Plat
contained 12 conditions all of which have been substantially
complied with. Receipt of the check in the amount of $13,878.85,
satisfies condition #7 cash in lieu of Park land. Williams
recommended Council approve the Final Plat of the Gateway Orchard
Villa subdivision.
Kennedy moved to approve the Final Plat for Gateway Orchard Villas.
The motion was seconded.
The motion carried upon vote.
2nd Street East -Sewer Rehab Proiect-Change Order
Williams received a memo from Fred Zavodny requesting a change
order in the amount of $845.00 to the Sewer Rehab Project on 2nd
Street East. The change order would cover the cost to construct an
additional 13 feet of pipe not included in the bid. This will
replace severely cracked pipe located on both sides of the manhole -
which we originally believed to be in good shape. Williams
recommended Council authorize the change order in the amount of
$845. The final amount of the contract will then be $18,641.
Kennedy abstained from discussion and vote.
Granmo moved to approve Change Order #1 for the 2nd Street East
Sewer Rehab Project in the amount of $845.00. The motion was
seconded.
The motion carried upon vote.
Authority to Bid
1st Avenue East and 1st Avenue West -Milling & Grinding
Water Line Construction (Upper Zone -Water Tank to Burns Way and 6th
Avenue West North/Idaho to Railroad Tracks)
Williams requested to proceed to bid on the following:
1. 1st Avenue East and West -Milling and Grinding
Atkinson moved to authorize to proceed to bid on the 1st Avenue
East and 1st Avenue West milling and grinding from Center to 5th.
The motion was seconded.
The motion carried with a vote.
2. Water Line Construction Projects -installation of 1,200 feet of
12" water main from the elevated tank to Burns Way and water main
replacement 2 blocks along 6th Avenue West North from Idaho Street
to Railroad Street.
Larson moved the authority be granted on the 2 water line
construction projects. The motion was seconded.
The motion carried upon vote.
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STAFF REPORTS
Next Work Session 8/23/93 7:00 p.m.
Work Session with County Commissioners 8/30/93 7.00 p.m.
Next Regular Meeting 9/7/93 7:00 p.m.
ADJOURN
The meeting was adjourned at 9:33 p.m.
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FAM10=51
ATTEST:
Amy H. Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved 9/7/93