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11/07/94 City Council Minuteso7oEi 706 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 7, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS JIM ATKINSON, LAUREN 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 -October 17, 1994 Approve Claims per Payables Register Moses moved to approve the consent agenda. The motion was seconded. The motion carried upon vote. ADDRESSING THE COUNCIL Solid Waste Management Plan Richard Cohen, P.O. Box 1782, Whitefish, member of Citizens for a Better Flathead and co-chairman of Wastewatchers, explained the Solid Waste District Board is about to start on a process to develop an integrated solid waste management plan for the County. The firm is holding a meeting on November 15, 1994 at the basement of the Justice Center and he encouraged all to attend. PUBLIC HEARING Sewer Hook -Up Fees This is a public hearing on an increase in the sanitary sewer connection fee charged by the City of Kalispell Sewer Utility. The City currently charges from $500.00 minimum to $9000.00 minimum based upon the size of the water meter, with a surcharge of 25% for users residing outside the City limits. Under the proposal, submitted by Staff, the connection fee will be indexed and based upon the unamortized infrastructure investment in the Wastewater Treatment Plant and collection system respectively. If both the Wastewater Treatment Plant and the collection system are utilized the connection fee per unit in 1995 will be $1,779.00. Increases thereafter based upon a decline in capacity will increase to about $4,000.00 in 2013. As noticed, users residing outside the City will pay a surcharge of 50% for collection and treatment and 100% if they utilize treatment only. The Council has 30 days after the hearing to render a decision on the rate increase. The rate thus established cannot exceed the proposal, but if the Council desires the connection fees may be set lower. Proponents None Opponents Jim Rayvine, Hillcrest Estates Carolyn Robinson, 368 East Reserve Drive Craig Denman, 406 Hilltop Kit Hunter, 460 1st Avenue East North Dan Mitchell, 134 Juniper Bend Bob Ross, 122 Shelter View Drive Mike Burr, 131 North Haven Drive Jim Thompson, 160 Riverview Drive Frank Stricklin, 113 Sunburst Court A letter of opposition was received from Greg Bain, 3577 Highway 93 North. Rauthe closed the public hearing. 0707 707 Kennedy noted there were residents present that own property on the end of 5th Avenue East in a proposed SID area with regards to the sewer hook up. She assured them Council would discuss the issue about the possibility of allowing those hook ups to happen at the old fee instead of any new proposed fee that would come up. Knoll's Addition Ronald Henry, Trustee for the Lloyd owner of Lots 9-16, Block 5 of the the City to abandon, discontinue adjacent to said lots. The owner dedicate public right-of-way along the lots. Knoll's Addition is loca Bridge Park. Proponents None Opponents None Rauthe closed the public hearing. L. Dahl Testamentary Trust, the Knoll's Addition has petitioned and/or vacate Grandview Avenue intends to develop the lots and an existing alley at the back of ted on the south boundary of Dry ORDINANCES & RESOLUTIONS Ordinance 1215-1st Reading -Zoning Text Amendment Sign Regulation H-1 Zone The City has requested an amendment to the Zoning Ordinance allowing non-residential uses in a H-1 zone to have one sign per street frontage and an additional single sign on the front of the building. The change is necessary in order to adequately identify non-residential uses in an H-1 zone and facilitate safe pedestrian and vehicular traffic. Currently, only one sign per multi -family or non-residential use is permitted. The requested text amendment would not affect the size (24 square feet) or height above grade (6 feet) portion of the Ordinance. The Kalispell City -County Planning Board and Zoning Commission recommended on a 3-2 vote to recommend the text amendment. Williams and Staff recommended passage of the first reading of Ordinance 1215. Kennedy moved Ordinance 1215, an ordinance amending Section 27.24, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. With a roll call vote the motion carried. Resolution 4187-Knoll's Addition Street Abandonment Resolution No. 4187 effects the abandonment of Grandview Avenue adjacent to Lots 9-16, Block 5, Knoll's Addition. The owner of the property has requested the abandonment. The Staff does not anticipate any detriment to the City or to any residents because of the abandonment and recommends passage of Resolution No. 4187. Haarr moved Resolution 4187, a resolution to abandon and discontinue the dedicated public street known as Grandview Avenue, located in Block 5, Knoll's Addition, Kalispell, Montana. The motion was seconded. There was discussion. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL City Manager Employment Agreement Council is to consider the Employment Agreement between the Manager and the City Council. Larson moved Council authorize the employment agreement between the City and the City Manager. The motion was seconded. There was discussion. Q-700 708 Haarr noted the Kalispell Golf Association Board has no record in their minutes of any golf passes being issued to the city manager, mayor or council in the past. Collins and Granmo spoke against the motion. Atkinson, Kennedy, Larson, Moses, Haarr and Mayor Rauthe spoke in favor of the motion. The motion carried with a vote with Collins, Nystul and Granmo voting against. Proclamation Mayor proclaimed November 20-27th, 1994 as National Bible Week. BUSINESS FROM MANAGER Final Plat -Juniper Bend Phase III The "final phase" Final Plat for Juniper Bend has been submitted for approval. Juniper Bend is located on the east side of Grandview Drive, adjacent to the Kalispell City Golf Course. All the conditions have been met. Williams and Staff recommended approval of the Final Plat. Larson moved to approve the Final Plat for Juniper Bend Phase III. The motion was seconded. The motion carried upon vote. Final Plat -Western Pines The Final Plat of Western Pines has been submitted for approval. Western Pines is located on 7th Avenue West approximately 300 feet north of Sunnyside Drive. All the conditions have been met. Williams and Staff recommended approval of the Final Plat. Atkinson moved to approve the Final Plat for Western Pines. The motion was seconded. The motion carried with'a vote. Final Plat-Greenbriar Subdivision The Final Plat of Greenbriar has been submitted for approval. Greenbriar is located South of Two Mile Drive on the Westerly boundary of the City. All the conditions have been met. Williams and Staff recommended approval of the Final Plat. Kennedy moved to grant approval for the Final Plat for the Greenbriar Subdivision. The motion was seconded. There was discussion. With a vote the motion carried. Western Montana Mental Health Center -Conditional Use Permit The Western Montana Mental Health Center has applied for a CUP to operate a Youth Group Home for a maximum of eight youths in the 900 Block of 5th Avenue East. The Kalispell City -County Planning Board and Zoning Commission recommended approval of the CUP subject to five conditions on a 4-1 vote. It should be noted that a youth group home is subject to the provisions of S76-2-401, MCA, and is legislatively recognized as a residential use. The Staff recommended to grant the CUP. Haarr moved to grant approval for the Western Montana Mental Health Center Conditional Use Permit. The motion was seconded. The motion carried with a vote. 0709 STAFF REPORTS Next Work Session November 14, 1994 7:OO p.m. Next Regular Meeting November 21, 1994 7:00 p.m. ADJOURN The meeting was adjourned at 8:37 p.m. ATTEST: 0JJWL 2 IL, E d 0 M (i- Debbie Gif o MC Clerk of Coun 1 709 �6-,C,ZA 0 jaeel�- Douglas b. Rauthe, Mayor