10/04/93 City Council Minutes601
601
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, OCTOBER 4, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL.
MAYOR RAUTHE PRESIDED. COUNCILMEMBERS GRANMO, MOSES, LARSON,
NYSTUL, COLLINS AND CITY MANAGER WILLIAMS WERE PRESENT. KENNEDY,
BUCK AND ATKINSON WERE ABSENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -September 20, 1993
Approve Claims per Payables Register
Moses moved to approve the consent agenda. The motion was seconded
and carried with a vote.
ADDRESSING THE COUNCIL
No one addressed the Council.
PUBLIC HEARING
Amendment to Air Pollution Control Ordinance
In 1987 the U.S. Environmental Protection Agency established
Kalispell as a City which did not meet certain provisions of the
Air Quality Act primarily because of dust particles in the air. In
October of 1989 the City enacted Resolution No. 3908 which
established a standard to be followed by the City regarding sanding
material to be used on streets during the Winter months and
provided for the paving program for streets and alleys. Further,
in January of 1990 the Council passed Ordinance No. 1139 which
required certain standards to be met in: 1) private and public
parking lots and roads, 2) construction and demolition activities,
and 3) clearing of land greater than 1/4 acre in size.
Since the enactment of Resolution No. 3908 and Ordinance No. 1139
the City has been very successful in meeting the air quality
standards promulgated by the EPA and the Department of Health and
Environmental Sciences. Ordinance No. 1197, the subject of this
public hearing, retains the provisions of Ordinance No. 1139 and
Resolution No. 3908, and provides: 1) a "contingency plan" which
would require the use of liquid de-icer on City streets when air
quality within Kalispell falls below National Ambient Air Quality
Standards; 2) for an expansion of Air Pollution Control District
to encompass an area roughly commensurate with the Kalispell City -
County Master Plan. Ordinance No. 1197 also incorporates portions
of the County program dealing with open burning and "solid fuel
burning devises" (wood stoves). The Ordinance gives the Flathead
City -County Health Department broadened authority to deal with air
pollution in Kalispell and Flathead County.
Proponents
None
Opponents
None
Rauthe closed the public hearing.
ORDINANCES & RESOLUTIONS
Ordinance 1197-Air Pollution Control Amendment -1st Reading
Larson moved Ordinance 1197, an ordinance enacting an emission
Control Plan for the City of Kalispell to meet Environmental
Protection Agency Standards (PM-10 Standards) by requiring dust
abatement and control in the City of Kalispell and within an area
commensurate with the boundaries of the Kalispell City -County
Master Plan; repealing Ordinance No. 1139 and Resolution No. 3908,
prescribing a penalty; and declaring an effective date. The motion
was seconded.
0 6.0
After discussion it was agreed on Page 2 to reword Section V, 3 a)
to include the City Council and on page 12, 4 Subsection a) to
reword it to reflect a time period in which the hearing may be
allowed.
The motion carried with a roll call vote.
Ordinance 1198-Change Street Name-Kinshella to Glenwood -1st Reading
The extension of Glenwood Drive to Two Mile Drive adjacent to the
Gateway Orchard Subdivision has resulted in Glenwood connecting
with Kinshella Avenue. In an effort to provide consistency to the
public, while at the same time creating the least amount of
confusion, it is appropriate to designate Kinshella between Two
Mile Drive and U.S. Highway 93 as Glenwood. Staff recommended the
passage of this ordinance.
Collins moved Ordinance 1198, an ordinance to change the name of
Kinshella Avenue to Glenwood Drive and declaring an effective date.
The motion was seconded.
With a roll call vote the motion carried.
Ordinance 1199-Change Street Name -Justice to Kinshella-1st Reading
Kinshella Avenue which was redesignated Glenwood under Ordinance
1198 was dedicated and named under a subdivision approval granted
several years ago. Persons associated with naming of the street
desire that the City retain the name Kinshella for a City street.
The staff recommends that the Council adopt the Ordinance changing
the name of Justice Avenue, which is currently a portion of
unimproved right-of-way at the end of Liberty Street, to Kinshella.
Moses moved Ordinance 1199, an ordinance to change the name of
Justice Street to Kinshella Avenue and declaring an effective date.
The motion was seconded.
The motion carried upon roll call vote.
Ordinance 1200-Salary-1st Reading
Ordinance No. 1200, adjusts the salary of the City Manager and up-
dates pay increases designated in the City's agreements with its
various bargaining units.
Larson moved Ordinance 1200, an ordinance amending Ordinance No.
1183, fixing the limits of the salary and compensation of the City
Officials, Supervisors, and Employees pursuant to Title 7, Chapter
4, part 42, M.C.A., beginning October 1, 1993; repealing all other
ordinances in conflict therewith. The motion was seconded.
With a roll call vote the motion carried.
Ordinance 1201-Acceptance of Deeded Roads as City Streets -1st
Reading
The Flathead Board of County Commissioners deeded to the City
certain roads within the City. Most if not all the roads have been
overlaid or otherwise improved by the County in exchange for the
City's agreement to take over future maintenance and snow plowing.
The Ordinance proposed will finalize City authority over and
responsibility for said streets. It is recommended that the
Council adopt Ordinance No. 1201.
Washington St.
8th Ave.
E.N.,
east to
end of
street
5th Ave. E.
14th St.
E. to
18th St.
E.
3rd Ave. E.
18th St.
F. to
Hwy 93
18th St. E.
3rd Ave.
F. to
5th Ave.
E.
Sunnyview Lane
Hwy 93 to Grandview
Dr.
W. Colorado St.
5th Ave.
W.N.,
west to
end of
street
Grandview Lane
Grandview Dr.,
east to
end of
street
7th Ave. E.
llth St.
W. to
Sunnyside Dr.
Northwest Lane
Three Mile
Dr.
to Junior High
School
Memory Lane
Knoll's
Addition
()60'3,
Woodland Avenue
West Wyoming St.
7th Ave. W.N.
Ramsgate Dr.
Sherry Lane
8th Ave. E.N.
W. Wyoming St.
N. Main St.
W. Utah St.
W. California St.
5th Ave. W.N.
W. Nevada St.
3rd Ave. W.N.
Northern Lights Blvd.
Grandview Dr.
Park Place to S. Woodland Ave.
Meridian Road to 7th Ave. W.N.
W. Wyoming St. to W. California St.
Sherry Lane to W. City Limits
Ramsgate Dr. to Garland St.
Oregon St. to California'St.
2nd Ave. W.N. to 7th Ave. W.N.
Hwy 93 to Lawrence Park entrance
4th Ave. W.N. to 5th alley W.N.
3rd Ave. W.N. to 7th Ave. W.N.
W. Washington St. to W. Nevada St.
2nd Ave. W.N. to 3rd Ave. W.N.
W. Washington St. to W. Wyoming St.
Liberty St. to Hilltop Ave.
Sunnyview Lane to Hwy 93
603
Collins moved Ordinance 1201, an ordinance accepting and confirming
certain public streets deeded and dedicated to the City of
Kalispell by Flathead Countv. The motion was seconded.
With a roll call vote the motion carried.
Resolution 4133-Annexation and Zone Change-Taverrite
Frank Taverrite has requested that the City annex a parcel of
property at the Southwest Corner of 8th Street West and Wallace
Avenue. He has requested a Low Density Residential Apartment RA-1
zoning classification for the area. The annexation and zoning has
been reviewed and recommended for approval by the FRDO and the
City -County Planning Board. No specific plans have been submitted
for development of the property. The staff recommends that the
Council annex and zone the property in accordance with the
recommendations.
Nystul moved Resolution 4133, 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 described as a tract of
land in the NW 1/4 of the SW 1/4 of Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, to be known as
Taverrite Addition #253, to zone said property low density
residential apartment, RA-1, to amend the City Zoning Map
accordingly and declare an effective date. The motion was
seconded.
Upon roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
Proclamation
Mayor Rauthe proclaimed October 1-31, 1993 as Disability Awareness
Employment Month.
Appointments
Rauthe recommended the re -appointments of Rita Fitzsimmons and
Richard Goacher to the Board of Adjustments.
Moses moved the re -appointments of Rita Fitzsimmons and Richard
Goacher to the Board of Adjustments. The motion was seconded.
The motion carried with a vote.
Parking Commission
There was discussion and all agreed to have a joint meeting with
the Parking Commission. Williams will schedule the meeting for the
near future.
Utility Work
Nystul requested the break on 3rd Avenue East and 18th Street be
marked better.
604
BUSINESS FROM MANAGER
Conditional Use Permit -Bethel Baptist Church Expansion
Bethel Baptist Church has applied to the City for a Conditional Use
Permit to expand its Church facility located at 936 4th Avenue
West. A CUP is required in this case because a Church is a
conditional use in a Single -Family Residential, R-4 district. The
expansion involves addition of 3900 square feet to the Church
additional parking facilities. FRDO reviewed the application and
the Kalispell City -County Planning Board, on September 14, 1993,
held a public hearing and recommended that the CUP be granted
subject to eight (8) conditions. The staff recommends that the
Council approve the CUP with the eight (8) conditions.
Collins moved to approve the Conditional Use Permit for the Bethel
Baptist Church expansion. The motion was seconded.
The motion carried upon vote.
Fairway Boulevard Townhouses
In June of 1991 the City attempted to annex Phases I, II, III, IV,
and V, FairwayBoulevardTownhouses. Sandy Schindler and the
Townhouse Association sued the City requesting that the District
Court enjoin the City from completing the annexation. The
Association claimed that under a Sewer District Connection
Agreement of 1982 the City was prohibited from annexing any of the
Fairway Property until the area was 80% built out. The City
Attorney and Marshall Murray, Attorney for the Association, have
negotiated a settlement which would end the necessity of trying the
case. The Agreement reached allows the City to annex Fairway
Boulevard Townhouses regardless of the number of units built in
1995. It further provides that if Fairway Boulevard Townhouses is
built to 80 or more units between now and 1995 the City may annex
the property. Settlement of this case will save the City time in
litigation which in all likelihood would have taken, at least,
another year to resolve, without a guarantee of a favorable ruling.
The Staff recommended the Council approve the Settlement Agreement.
Larson moved to authorize the city manager and city attorney to
sign the settlement agreement with Fairway Boulevard Townhouses
Association and the other party in the suit. The motion was
seconded.
With a vote the motion carried.
STAFF REPORTS
Next Work Session Tuesday 10/12/93 7:00 p.m.
Next Regular Meeting 10/18/93 7:00 p.m.
ADJOURN
The meeting was adjourned at 7:38 p.m.
I Wmill
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Amy H. Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved 10/18/93