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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 W, 7z'2� Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 10/18/93