08/15/94 City Council Minutesti8F.
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, AUGUST 15, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS
JIM ATKINSON, LAUREN GRANMO, DALE HAARR, DUANE LARSON, PAM KENNEDY,
GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY MANAGER BRUCE
WILLIAMS WERE PRESENT. BARBARA MOSES AND CLIFF COLLINS WERE
ABSENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -Regular Meeting August 1, 1994
Special Meeting August 4, 1994
Approve Claims per Payables Register
Atkinson moved to approve the consent agenda. The motion was
seconded.
The motion carried with a vote.
ADDRESSING THE COUNCIL
Violence Free Crisis Line Proposal
Janet Cahill, Violence Free Crisis Line Director, P.O. Box 1385,
Kalispell, introduced Sharon Berry and Tina Lerum, board members
and read a proposal requesting October be declared as Domestic
Violence Awareness Month and to assist the organization in reaching
their $50, 000 down payment goal with a $10, 000 grant from Emergency
Housing Funds.
Rauthe noted it would be taken under advisement at the next work
session.
ORDINANCES & RESOLUTIONS
Ordinance 1211-2nd Reading -Zoning Ordinance Amendment B-1
(Neighborhood Business)
The purpose of this ordinance is to amend the Zoning Ordinance by:
1. Changing the title of Section 27.13 from B-1 Neighborhood
Business to B-1 Neighborhood Buffer District.
2. Delete from Section 27.13.010 the following language "... and
primarily serve the daily needs of the surrounding
populations." and from 27.13.010 (1) delete "Draw customers
from well beyond a neighborhood boundary; or.." and (27.13.010
(2) would be renumbered accordingly.)
3. Amend Section 27.13.120 (Permitted Uses) to include the
following: Retail enterprises, no larger then 3,000 square
feet in gross floor area, dispensing on premises commodities
or food, except bars, casinos, taverns, cocktail lounges,
clubs and associated commercial enterprises.
Business offices and any type of services, provided: (a)
Professional service does not involve keeping the person
receiving the service overnight on the premises; and (b)
Professional services does not include kennels or animal
hospitals or clinics.
4. Delete from 27.13.010 the following: Permitted Uses numbered
(1), (5), (6), (7), (12), (14), (15), (16), (17), (18), (19),--
and (24).
5. Amend Section 27.24.100 by adding "except for B-1 Zone where
the sign area shall be limited to 36 square feet per sign face
and height shall not exceed six (6) feet above natural grade.
It is Staff 's recommendation that Council adopt the ordinance
as submitted.
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Larson moved Ordinance 1211, an ordinance amending Chapter 27.13,
Ordinance 1175, City of Kalispell Zoning Ordinance, and providing
an effective date. The motion was seconded.
There was discussion.
The motion carried with a roll call vote with Atkinson voting
against.
Ordinance 1212-1st Reading -Salaries -Bargaining Units
The purpose of this ordinance is to increase the salaries of the
AFSCME Bargaining Units employees to reflect the recently
negotiated wage rates. Williams recommended that Council adopt the
ordinance.
Kennedy moved Ordinance 1212, an ordinance amending Ordinance No.
1200, fixing the limits of the salary and compensation of the City
Official Supervisors, and employees pursuant to Title 7, Chapter 4,
Part 42, M.C.A., beginning July 1, 1994; repealing all other
ordinances in conflict therewith. The motion was seconded.
Upon roll call vote the motion carried.
Resolution 4171-FY 1994 Budget Transfers
At the close of each fiscal year the City adjusts the year ending
budget to bring all line items that ended the year in the red,
balanced with available resources left over in other line item
amounts. The adjustments were made possible within the original
appropriations for each departmental budget included in the General
Fund.
Atkinson moved Resolution 4171, a resolution to approve a transfer
among appropriations within a general classification of
expenditures as adopted by the City of Kalispell Budget for 1994
Fiscal Year. The motion was seconded.
The motion carried with a roll call vote.
Resolution 4172-Foreclosure on Second Mortgage -Authorize Purchase
This resolution authorizes the City to proceed with the purchase of
the first mortgage on property located at 705 7th Avenue West. The
City of Kalispell holds a second mortgage on this property in the
amount of $29,940.66 and the property is now in the process of
foreclosure. In order for the City to protect the second mortgage
position it now becomes necessary to pay off the first mortgage.
Kennedy moved Resolution 4172, a resolution authorizing acquisition
of Lot 12, Block 188, Kalispell Townsite Company's Addition No. 1
to Kalispell. The motion was.seconded.
The motion carried upon roll call vote.
Resolution 4173-Gateway Orchard Villas -Preliminary Plat
This property has an approved CUP and an approved Final Plat. The
applicants are proposing to re -subdivide Lots 16, 17, 18 and 19 of
Gateway Orchard Villas which is located on the west side of
Glenwood Drive and north of Two Mile Drive. This request is to
amend the preliminary plat from 20 townhouse lots on 4 existing
parent lots in Gateway Orchard Villas to a total of 13 townhouse
lots on 4 parent lots, in addition, 3 of the 4 parent lots lot
lines are proposed to be moved. The Planning Commission and Staff
---recommend Council adopt the resolution amending the Preliminary
Plat for the Gateway Orchard Villas.
Larson moved Resolution 4173, a resolution approving the
Preliminary Plat of the re -subdivision of Lots 16, 17, 18 and 19 of
Gateway Orchard Villas subdivision, located in the NE 1/4 of
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana. The motion was seconded.
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With a roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
North Meridian Neighborhood Plan
Nystul asked when the North Meridian Neighborhood Plan would be
coming to Council.
John Parson, FRDO Planner, stated as soon as the resolution is
prepared and signed.
Airport Neighborhood Plan
Nystul asked the same of the Airport Neighborhood Plan. Williams
stated at the next work session.
North Meridian New Structure
Atkinson asked if the new building going up on North Meridian has
the proper setback to allow for the 20 feet of road. Zoning
Administrator Brian Wood stated it did.
BUSINESS FROM MANAGER
Gateway Orchard Villas -Final Plat
This 13 lot townhouse residential development on 4 parent lots
located on the east side of Glenwood Drive and north of Two Mile
Drive was the subject of the previous agenda item (Preliminary Plat
approval). Williams and Staff recommended that Council approve the
Final Plat re -subdivision of Gateway Orchard Villas Lots 16, 17, 18
and 19.
Haarr moved to approve the Final Plat re -subdivision of Gateway
Orchard Villas Lots 16, 17, 18 and 19. The motion was.seconded.
The motion carried with a vote.
Educational Recovery Foundation -Conditional Use Permit
The Education Recovery Foundation has applied to the City for a
Conditional Use Permit to allow the conversion of a portion of an
existing building into a school. The property is located on the
southwest corner of 2nd Street West and 3rd Avenue West. The
Planning Commission held a public hearing concerning the request
and has recommended the approval of the CUP with 3 conditions.
Williams and Staff concurred with the Planning Commission.
Larson moved to approve the Conditional Use Permit for the
Educational Recovery Foundation. The motion was seconded.
There was discussion.
Upon vote the motion carried.
Tennis Courts-Interlocal Agreement
The redrafted interlocal agreement between the City, School
District, FVCC and the Kalispell Tennis Association now addresses
the concerns Council had expressed during the work session last
week. Williams requested authority to sign it on behalf of the
City.
Larson moved the city manager be authorized to enter into. an
interlocal agreement with FVCC, Kalispell Tennis Association and
School District.#5 on behalf of the City. The motion was seconded.
There was discussion.
Nystul moved to amend the 2nd Whereas by inserting language which
reflects that the original courts that are being replaced were
funded in part by the Bureau of Outdoor Recreation and its
successor the Land & Water Conservation Fund and further amending
in Section 5 that the resurfacing of the tennis courts would be on
an approximate 5 year schedule and the 1 representative. The
motion was seconded.
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With a vote the amendment carried.
The amended motion carried upon vote.
Depot Park Change Order -Street Lights
Parks Director Mike Baker requested a change order in the amount of
$7,223 for 2 street lights that were thought to have been included
in the original park bid, but were not. Williams and Staff
recommended that Council approve the change order of $7,223.
Atkinson moved to approve the change order in the Depot Park
construction to include street lights for $7,223. The motion was
seconded.
The motion carried upon vote.
Agenda Item 11-Bid Award Recommendations
Bids were opened on this date for the Courtyard Apartment
appliances and window treatments as follows:
Window Treatments
CDC Services
$12,586.00
PD-3
$17,125.00
Saverud Paint Shops
$17,626.00
Valley Drapery & Floor
$18,624.80
Buffalo Hill Upholstery
$17,132.00
Sherwin Williams Company
$17,264.00
Poiema Carpet & Interiors
$19,436.00
Deupree Building Specialties
$19,487.00
Dees Drapery Shop
$24,3.53.15
Larson moved to award the bid to
CDC Services in the amount of
$12,990.00 to include the $404.00
upgrade. to a fire retardant
fabric. The motion was seconded.
With a vote the motion carried.
Ar)Dliances
Burtons' Warehouse Showroom $25,213.60
Sloans $27,442.00
Bitney's $29,522.00
Atkinson moved to award the bid to Burton's Warehouse Showroom in
the amount of $25,213.60 for the appliances for the Courtyard
Apartments. The motion was seconded.
The motion carried upon vote.
STAFF REPORTS
Next Work Session 8/22/94 7:00 p.m.
Next Regular Meeting 9/6/94 7:00 p.m.
ADJOURN
The meeting was adjourned at 7:45 p.m.
Q
DouglaU D. Rauthe, Mayor
ATTEST:
QR rR d
Debbie GiffolAy k of Council
Approved 9/6/94