09/06/94 City Council Minutes0684
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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.
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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.
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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.
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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.
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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
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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