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09/06/94 City Council Minutes0684 689 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, SEPTEMBER 6, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS JIM ATKINSON, LAU EN GRANMO, BARBARA MOSES, DALE HAARR, DUANE LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS, CITY ATTORNEY GLEN NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -August 15, 1994 Approve Claims per Payables Register Atkinson moved to approve the consent agenda. The motion was seconded. The motion carried upon vote. ADDRESSING THE COUNCIL No one addressed the Council. PUBLIC HEARING Grandview Annexation The purpose of this hearing is to receive comments from those residents impacted by the City initiated annexation of the Grandview Addition. This annexation contains approximately 89 acres and is bounded on thz east by Grandview Drive on the west by Highway 93, on the north by uar.kview Terrace subdivision and on the south by Sunnyview Lane. The Planning Board held a public hearing concerning the zoning of this property with two people speaking in favor of the RA-1 Zone and one speaking in opposition. Correspondence was received from Mrs. Maycumber objecting to both the zoning and the annexation. A petition was also received from those residents living along Ridgeview Drive which expresses their concern regarding the annexation. The Planning Board has recommended that the property be zoned RA-1. Proponents None Opponents None Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS ordinance_1212-2nd Reading. -Salaries -Bargaining Units The purpose of this ordinance is to amend the salary schedule by assigning the recently ►egotiv'Led wage rates for AFSCME Bargaining Unit employees. Williams recommended Council adopt the ordinance as submitted. Kennedy moved Ordinance 1212, an ordinance amending Ordinance No. 1200, 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 July 1, 1994; repealing all other ordinances in conflict therewith. The motion was seconded. Upon roll call vote the motion carried. Resolution 4174-Grandview Annexation This resolution allows for the alteration of the City boundaries by including an annexation of approximately 89 acres known as the Grandview annexation. The territory annexed by this resolution shall be zoned RA-1 Low Density Residential Apartment. Williams and Staff recommended that Council adopt the resolution allowing for the zoning and annexation of the Grandview Territory. 0,f90 690 Moses moved Resolution 4174, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain wholly surrounded property described in Exhibit "A", to be known as Grandview Addition No. 256; to zone said property Low Density Residential Apartment, RA-1; to amend the City Zoning map accordingly and to declare an effective date. The motion was seconded. The motion carried with a roll call vote. Resolution 4175-Frank's Place-PreliminaryPlat . The City received a request from Frank Taverrite for, preliminary plat approval of a 9 lot subdivision on 1.6 acres of property. The property which was annexed to the City last year is located on the southwest corner of 8th Street West and Wallace Avenue. The Planning Board held a public hearing on this request with one person (applicant) speaking in favor and one person raising concerns about privacy and potential impacts on the neighborhood. A petition signed by 12 property owners was also received requesting speed bumps, fencing and street lights. The Planning Board has recommended approval of the preliminary plat with 12 conditions. The resolution contains the 12 conditions, with condition 5 being modified to drop "and Wallace Avenue". Staff concurred with the Planning Board's recommendation to approve the CUP request. Collins moved Resolution 4175, a resolution approving the preliminary plat of the subdivision of Tract 3, Lor: 3 in the NW 1/4 SW 1/4 of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County; Montana. The motion was seconded. There was discussion. Kennedy moved to amend the motion to attach Condition 13 to indicate no vehicular access to the east side of the proposed project. The motion was seconded. There was more discussion. The amendment carried with a vote. The amended motion carried with a roll call vote„ Resolution 4176-Intent to Amend Master Plan -Adopt. Airport Neighborhood Plan The purpose of this resolution is to identify tht4 City Council's intent to amend the Master Plan by adopting the povisions of the Airport Neighborhood Plan. Moses moved Resolution 43.76, a resolution of intent to adopt, revise or reject a recommended Neighborhood Plan wmendment to the Kalispell. City -County Master Plan. The motion was seconded. Nystul noted this resolution also sets a public hearing date of 9/19/94 at 6:00 p.m. Williams was notified by the Pee Wee League and Babe Ruth Baseball League and they are interested in a cooperative working effort with the Council and wish to communicate with Council concerning the future of their interests. There was discussion. Upon roll call vote the motion carried. Resolution 4177-HOME & CDBG Grant Applications The purpose of this resolution is to authorize Staff to submit grant applications for a $400,000 Community Development Block Grant and a Montana Home Investment. Partnership Program grant in the amount of $400,000. 0691 91_ 691 This grant money would be used to provide public improvements to the 7 acre City -owned South Woodland property whic,, would then make possible the creation of 44 housing units for first time home buyers. Staff recommended that Council authorize tae submission of these two grants. Atkinson moved Resolution 4177, a resolution authorizing submission of an application to the Montana CDBG and HOME Programs. The motion was seconded. There was discussion and questions. Community Development Housing Manager Susan Moyer answered questions and explained details of the project. The motion carried upon roll call vote with Granmo, Collins, Nystul and Haarr voting against. Resolution 4178-SuDDortina Application to HOME Grant Proaram Flathead Industries This resolution supports and encourages the County Commissioners to apply for a HOME grant to assist Flathead Industries with the creation of a 9 bedroom group home for their developmentally disabled clients and 7 units for low and very low income clients who have semi-independent living skills and/or physically handicapped. Larson moved Resolution 4178, a resolution supporting an application to the Montana Home Program. The motion was seconded. Nystul abstained from discussion and vote. The motion Resolution carried 4179-Supporting with a roll call vote. Application to HOME Grant Program Fernwell Apartments This resolution encourages Northwest Montana Human Resources, Inc. to apply in its capacity as a Community Housing Development Organization for a HOME grant in order to provide financial assistance for the reconstruction of the Fernwell Apartments. Atkinson moved Resolution 4179, a resolution supporting an application to the Montana (HOME) Program. The motion was seconded. Rauthe abstained from discussion and vote. Upon roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL Proclamation Rauthe proclaimed September 7, 1994 as Provider Recognition Day. Mayor's Salary Atkinson moved to place on the agenda for the first work session in November of 1996, the discussion of the salary for the mayor's position with the objective to make a decision on set salary before the filing date in March of 1997. The motion was seconded. Haarr moved to amend the motion to read that the discussion be at the first work session in September 1994 and that Council also discuss the issue of conflict of interest. The emotion was seconded. Atkinson and Larson spoke against the amendment. Kennedy and Collins spoke in favor of the amendment. There was discussion. 0692 692 Rauthe noted he would not be at the 9/12/94 work session until late as he has a meeting in Butte. He invited the community to let their feelings be known as to the salary of the mayor and the Council. There was discussion. Moses spoke against the amendment. Haarr spoke in favor of the amendment. Kennedy spoke against the amendment. With a vote the amendment failed with Granmo, Haarr, Nystul, and Collins voting in favor. The original motion carried with Granmo, Haarr and Collins voting against. The subject will be discussed at the first work session in November of 1996. BUSINESS FROM MANAGER Hall -Conditional Use Permit Dale Hall has requested a conditional use permit for the construction of a two story four unit apartment building on Lot 5 of the Liberty Village subdivision. The Planning Board held a public hearing on the request with no one speaking in opposition. The Planning Board has recommended the approval of the CUP with 8 conditions. Staff concurred with the Board's recommendation to approve the Hall CUP. Collins moved the approval of the Hall conditional use permit with the eight conditions. The motion was seconded. With a vote the motion carried. Second Wind Wellness Center -Conditional Use Permit Northwest Healthcare Corporation has applied for a conditional use permit to allow for the construction of an 85,000 square ft. athletic club in the H-1 zone. The property is located at the northeast corner of Sunnyview Lane and Highway 93. The Planning Board held a public hearing concerning the request. One person spoke in opposition to the request indicating that as an owner of an athletic facility he was required to meet certain conditions and felt strongly that those same conditions should apply to everyone else. The Planning Board recommends the approval of this CUP request subject to 14 conditions. The Planning Board deleted Condition 5 from the original staff report which would have required the applicant to construct the extension of Meridian prior to the issuance of a building permit. Staff has added new language in the CUP Item #11, which will require the applicant to agree in writing to contribute their fair share of the construction costs associated with the extension of Meridian. Williams spoke with the hospital administrator and he was agreeable. Staff recommended that Council approve the CUP request of Northwest Healthcare Inc. Larson moved to grant the conditional use permit to Northwest Healthcare to construct and operate an 85,000 square foot 2 story athletic club on the property described with the 15 conditions. The motion was seconded. There was discussion. With a vote the motion carried. Violence Free Crisis Line Request The City has received a request from the Violence Free Crisis agency for a $10,000 grant which would be used to help the agency make a down payment on a shelter facility for their clients. (t69`) 693 This request was discussed in some detail at a previous work session and there appeared to be consensus to grant the request from the TIF program. In order to officially approve the request Council can do so by motion indicating the funds to come from TIF. Larson moved to approve $10,000 grant for the Violence Free Crisis Line for the purpose of helping them make a down payment on a shelter facility and the funds to come from TIF. The motion was seconded. Kennedy abstained from discussion and vote. Nystul supported the project, but felt a more appropriate source of funding would be a UDAG repayment since that is money that is coming back to the community and this is a worthwhile community project. Upon vote the motion carried. Avenue of the Arts A memo was received from consultant Bruce Lutz outlining the scope of improvements and design concept for the 2nd Avenue East project (between 2nd Street and 3rd Street). Staff would like Council's authority to proceed to bid with the project as Mr. Lutz has outlined. Kennedy moved for Staff to be authorized to go to bid for the 2nd Avenue East project. The motion was seconded. Larson and Nystul spoke against the motion. There was discussion. Atkinson spoke in favor of the motion. Letters of support were received from the Kalispell Parking Commission, Central Christian Church, Sutherlands Clothes Clinic, Norwest Bank, and Jim Thompson, Redevelopment Architectural Review Committee member. Larry Gallagher noted Kathy White, owner of the apartment complex was contacted and she supports the project. The motion carried with a vote with Nystul, Granmo and Larson voting against. Tattoo Parlor Lot Proposal -Recommendation Glacier Bank was the only interested party concerning the Tattoo Parlor Lot sale proposal. The bid received for the 7,000 square ft. parcel was $61,100. The Bank's plan is to use the site for employee parking. Williams and Staff recommended that Council accept the Bank's proposal to purchase the property for $61,100. Collins moved to accept the proposal for $61,100 from Glacier Bank for the Tattoo Parlor lot. The motion was seconded. The motion carried with a vote. 8th Avenue East North & East California Water Proiect-Bid Recommendation Bids were opened on this date for the 8th Avenue East North and East California Street Water Project. Four bids were received as follows: Sandon Construction $114,219.00 LHC $114,428.50 NuPac $117,371.50 A-1 Paving $124,114.00 0694 694 Williams and the Public Works Staff recommended the bid be awarded to Sandon Construction in the amount of $114,219.00 with $57,000 coming from the Water budget, $47,000 from the Street budget and $10,219 from the Storm Sewer budget. Haarr moved to award the bid to Sandon Construction for the 8th Avenue East North and East California Water Main project with funds as follows: $57,000 coming from the Water budget, $47,000 from the Street budget and $10,219 from the storm sewer budget. The motion was seconded. There was discussion. Granmo moved to amend the motion to provide the funds from the curb warrants to the property owners. The motion was seconded. Nystul and Haarr spoke against the amendment. With a vote the amendment carried with Nystul and Haarr voting against. The amended motion carried with a vote with Atkinson voting against. Parking Petition Williams reported he had received a petition from many of the downtown merchants requesting Council consider turning Blocks 36 and 45 into public parking. He recommended this be put on a work session agenda to be discussed. Public Utility Commission Williams noted after speaking with the Public Utility Commission it will be necessary to set a public hearing and notice customers of the proposed sewer hook-up fee increase. He requested direction until the fee is set concerning people wanting to start building and pay the fee now. There was discussion. It was consensus to discuss it further at the next work session. STAFF REPORTS Next Work Session 9/12/94 7:00 p.m. Next Regular Meeting 9/19/94 6:00 p.m. Reinventing Government -Public Hearing 9/19/94 7:00 p.m. Flathead High School Atkinson will be absent 9/12/94. Williams will be out of town Thursday and Friday of this week at meetings in Helena. ADJOURN The meeting was adjourned at 10:00 p.m.. DougladID. Rauthe, Mayor ATTEST: Debbie Giff6odoperk of Council Approved 9/19/94