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05/15/95 City Council Minutes07G0 760 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MAY 15, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, LAUREN GRANMO, DALE HAARR, DUANE LARSON, PAM KENNEDY, CLIFF COLLINS, CITY ATTORNEY GLEN NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. BARBARA MOSES AND GARY NYSTUL WERE ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance.. AGENDA APPROVAL. Williams requested the addition of authority to bid the Lawrence Park restrooms. Atkinson moved to approve the agenda. The motion was seconded. The motion carried upon vote. Approve Minutes -May 1. 1995 Collins moved to approve the minutes. The motion carried with a vote. Approve Claims per Pavables Register Atkinson moved to approve the claims. Upon vote the motion carried. ADDRESSING THE COUNCIL The motion was seconded. The motion was seconded. Mental Health Group Home-1225 2nd Avenue East -CUP Application John Lynn, Associate Director of Western Montana Mental Health Center, requested a 60 day continuance of their CUP application pending further legal investigation. If that request is declined they will withdraw their application for the CUP. Ted Newsum, 2084 Farm to Market Road, case management team leader for the Western Montana Mental Health Center, read several letters from residents of the Group Home, including Michael Fuller and Jessica Barker speaking in opposition to the 24 hour a day care. Richard Bucher., a client of the Mental Health system for 33 years, did not feel the 24 hour care was necessary. Ordinance 1227 Gilbert Bissell, owner/manager of Aero Inn, submitted a letter signed by: Kalispell Grand Hotel Aero Inn Diamond Lil's Outlaw Inn Super 8 Motel, Ramada Inn Days Inn Four Seasons Blue & White Motel Red Lion Cavanaugh's Friendship Inn The letter expressed willingness to work with Kalispell Regional Hospital to serve the patients and families needing to stay in the area and strongly opposed amending the PUD to include a hotel. Boyd Roth, 1343 6th Avenue East, expressed a concern about the 24 hour a day care. 0761. 761 Winnifred Storli, 3420 Airport Road, questioned the procedure of addressing the Council and the Planning Board public hearing on this issue. Mayor Rauthe explained. She spoke in favor of independent living for the mentally disabled. Leroy Ahbenhouse, Lamplighter client, spoke in favor of full time guidance. ORDINANCES & RESOLUTIONS Ordinance 1225-Hinzman Zone Change -1st Reading Randy Hinzman has petitioned the City for a zone change for property he owns located approximately 70 feet west of 3rd Avenue West on the north side of 2nd Street West. This property is currently zoned RA-2 and the applicant is requesting a B-4 designation. Ordinance 1225 would change the zone from RA-2 to B- 4. The Planning Board held a hearing on the request with no one speaking in opposition. The Board forwarded a favorable recommendation to Council, and Williams and Staff agree with the Board's recommendation. Kennedy moved Ordinance 1225, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance 1175), by zoning property located approximately 70 feet west of 3rd Avenue West on the north side of 2nd Street West (previously zoned RA-2, High Density Residential Apartment), B-4, Central Business, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. The motion carried upon roll call vote. Ordinance 1226-Approving Northwest Health Care PUD-1st Reading This ordinance will change the zone for approximately 70 acres of hospital owned property from H-1, B-3 and RA-1 to a residential mixed use planned unit development. The intent of the PUD is to provide for a mix of land uses while preserving and enhancing the integrity and environmental values of the area. This ordinance adopts by reference the development agreement between the City and Northwest Health Care Corporation, which will guide the development through its various stages. The agreement has been changed to include those items discussed at the work session of last week. The changes include spelling out CCNR's, adding heliports as a conditional use and decreasing the improvements' security to 100% of the project engineer's estimate. Williams and Sta`.f recommended that Council adopt the ordinance and authorize hip:+to sign the development agreement on behalf of the City. Kennedy moved Ordinance 1226, an ordinance approving __� planned unit development on certain real property owned by Northwest Health Care Corporation. The motion was seconded. There was discussion. Collins moved to amend the ordinance to not allow a hotel. The motion was seconded. Collins, Larson and Haarr spoke in favor of the amendment. There was discussion. Granmo and Kennedy spoke against the amendment. There was more discussion. With a vote the amendment carried with Kennedy, Granmo and Rauthe voting against. The roll call vote on this ordinance occurred at the end of the next item, which it included. -076'! 762 Development -Agreement Kennedy moved to amend the development agreement as follows: Section 4.02 on page 8 in the top three lines, put a period after 1995, and strike the rest; and Section 4.03 I after the parenthesis closing, "office", put a period and strike "except that Title Companies, Investment Firms and Telecommunications Companies shall not be permitted". Section 4.04 I, after 1995 put a period, strike "except that a bed and breakfast shall not be permitted and heliports shall be permitted only as a conditional use" and on page 10 strike all of Part 8, and renumber thereafter. The motion was seconded. Haarr spoke in favor of the amendment. The amendment carried with a vote. Haarr moved to amend the agreement to allow heliports as a permitted use. The motion was seconded. Larson spoke against the amendment. There was discussion. The amendment failed with Haarr, Collins and Granmo voting in favor. Upon roll call vote the amended ordinance carried unanimously. Larson moved to authorize the city manager to sign the development agreement with the amendments. The motion was seconded. Upon vote the motion carried. Ordinance 1227-Amend Zoning Ordinance by Allowing Hotels/Motels Associated with Hospitals in RA-1 and H-1 Zones -1st Reading This ordinance would amend the zoning code to allow hosphotels in. an H-1/RA-1 zone. Williams recommended against the change and requested Council vote against the adoption of this ordinance. Ordinance 1226 indicates that one hotel is permitted as part of the mixed PUD ordinance and as such there is no need to amend the zoning code to allow a hosphotel in these zones. Larson moved to approve Ordinance 1227, an ordinance amending the Kalispell Zoning -ordinance by allowing hotels/motels associated with hospitals in an RA-1 and H-1 zone and to define the type of facility, and declaring an effective date. The motion was seconded. There was discussion. Larson spoke against the motion. With a roll call vote the motion failed unanimously. Resolution 4207-McKee Annexation and Zone Change The City received a request from Tim McKee for annexation to the City of Kalispell with an initial zoning classification of R-3. The property is located on the south side of Oregon Street approximately 400 feet east of 8th Avenue East North and consists of about 1/2 acre in size. The address of the property is 1048 East Oregon Street. This resolution alters the city boundaries by bringing the property into the city limits and assigns it a zone of R-3. The Planning Board held a hearing with no opposition and recommends the property be zoned R-3. Williams and Staff recommended that Council adopt the resolution. .Q 7 6 -8 763 Kennedy moved Resolution 4207, 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 in Exhibit "A", to be known as McKee Addition No. 263; to zone said property Urban Single Family Residential, R-3, to amend the City Zoning Map accordingly and to declare an effective date. The motion was seconded. The motion carried upon roll call vote. Resolution 4208-Western Pines -Preliminary Plat This resolution will approve the Western Pines Preliminary Plat, a four lot townhouse subdivision located at 1430 7th Avenue West. Each of the two parent lots contain 6,300 square feet with 65 feet of frontage on both 7th Avenue West and Western Drive. Williams and Staff recommended approval of the Preliminary Plat subject to 5 conditions contained in the resolution. Kennedy moved Resolution 4208, a resolution approving the preliminary plat of the resubdivision of Lots 1 and 2 of Western Pines, a resubdivision of Lot 5 of Western Acres, in part of the SE 1/4, of the SE 1/4, of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL Mayor Rauthe proclaimed May 21st-27th as Public Works Week. Collins complimented the Parks Department for cleaning ap the exterior of City Hall. Kennedy reminded everyone of Transportation Week this week and "Try Another Way Week" and encouraged everyone to try another mode of transportation such as walking or riding a bike. She also invited everyone to attend the Transportation Show at FVCC on Saturday. BUSINESS FROM MANAGER Northwest Montana Mental Health Group Home -Conditional Use .Permit Northwest Montana Mental Health has made an application to operate a group home on property it owns on Lot B, Block 213, Kalispell Addition (1225-Second Avenue East). The home would provide services to 8 mentally ill adults. The home would provide the residents with an opportunity to develop independent living skills. The City -County Planning Board reviewed the CUP application and recommended in favor of the application subject to five (5) conditions. The 'Grant of Conditional Use" contains the five conditions, with one addition recommended by the staff, under condition #2: "The community residential facility herein authorized shall provide on -site resident care on a twenty-four hour basis". The Council may approve the CUP as set forth in the "Grant" or amend it. Larson moved to approve the conditional use permit for Northwest Montana Mental Health Group Home at 1225 2nd Avenue East with the five conditions attached. The motion was seconded. Atkinson moved to amend the motion to strike Condition 2 under Section I. The motion was seconded. Atkinson spoke in favor of the amendment. Larson and Collins spoke against the amendment. There was discussion. City Attorney Neier explained the statutes. There was more discussion. 076 764 Kennedy, Haarr and Rauthe spoke in opposition to the amendment. With a vote the amendment was defeated with Atkinson voting in favor. There was more discussion with City Attorney Neier answering questions. Larson called for the question. The motion carried upon vote. 8th Street West -Order in Sidewalks On May 1, 1995 the following motion was tabled: Nystul moved to order in the 1/2 block of sidewalk on 8th Street West as indicated on the drawing, just before 6th Avenue West. The motion was seconded and carried with a vote. The Public Works Department submitted a memo showing the cost of sidewalk and curb installation of 8th Street West near the High School. At the workshop on May 8th, it was the consensus of the Council to order in the sidewalk on the Bolog residence and have the City pay for the remaining improvements regarding changing the grade in the street, curb installation, drainage and miscellaneous expenses. Williams spoke to Mr. Bolog concerning the scope of the sidewalk work adjacent to his property on 8th Street West. He agreed that the improvements as outlined in the Public Works memo are needed and does not object to paying the cost of sidewalks along 8th Street. Williams also recommended that a 4 foot sidewalk be installed as opposed to the 5 foot walk quoted in the Public Works memo. This change would allow the trees to be saved and do all other improvements as previously discussed. The cost to the Bolog's for the sidewalk improvement will be $1,624.00. Kennedy moved to remove this issue from the table. The motion was seconded. The motion carried with a vote and was therefore placed on the table. Kennedy spoke in favor of the motion now on the table. There was discussion. Kennedy moved to amend the motion on the table to include the entire project, the drainage, curb and gutter and sidewalk, with the city doing all but the sidewalk, ordered in. The motion was seconded. The amendment carried upon vote. With a vote the amended motion carried. Airport Appraisals The City has received two proposals to appraise property located on or near the Kalispell City Airport and one other parcel in or near the East boundary of Kalispell. Larry Gallagher submitted a memo discussing his analysis of the proposals. Williams concurred with Larry that Roger Jacobson offered the best proposal in terms of needed information and time of completion. Williams recommended that the Council authorize him to enter into a contract with Roger Jacobson for the appraisal work in the amount of $10,400. 0765 765 Larson moved to authorize the city manager to enter into a contract with Roger Jacobson for the appraisal work outlined in the amount of $10,400. The motion was seconded. The motion carried with a vote. Adopt 1995-1996 Goals The 1995-96 Goals arrived at over the last few months at Saturday work sessions were presented. Collins moved to approve the 1995-96 Goals. The motion was seconded. Upon vote the motion carried. Bid Recommendations Second Street West Sidewalks: Sandon Construction and Pack & Company submitted bids on the installation of sidewalks on Second Street West as follows: Sandon Construction $24,323.75 Pack & Company $24,380.00 Sandon Construction was the low bidder at $24,323.75. Williams recommended acceptance of the Sandon bid. Kennedy abstained from discussion and vote. Atkinson moved to accept the Sandon Construction bid in the amount of $24,323.75. The motion was seconded. Upon vote the motion carried. 705 7th Avenue West Home On May 11 the City opened bids on the house it owns at 705 7th Avenue West. One bid was received for $77,000.00, which is approximately 91% of the City's investment, from Timothy and Sherry Hoselton. Williams recommended acceptance of the bid. Haarr moved to accept the proposal of $77,000.00 for the property at 705 7th Avenue West from Tim and Sherry Hoselton. The motion was seconded. The motion carried with a vote. Authority to Bid -Construction Material The Public Works Director requested authority to bid the following: 3/8 Inch Pea Gravel 3/4 Inch Crushed Gravel Aggregate 6 Inch Pit Run UPM Cold Mix Asphalt Cement Hot Mix Curbing and Sidewalk Construction for the Year ending June 30, 1996 Lawrence Park Restrooms Renovation. Larson moved to authorize to bid the following: 3/8 Inch Pea Gravel, 3/4 Inch Crushed Gravel Aggregate, 6 Inch Pit Run, UPM Cold Mix, Asphalt Cement Hot Mix, Curbing and Sidewalk Construction for the Year ending June 30, 1996 and Lawrence Park Restrooms Renovation. The motion was seconded. The motion carried upon vote. 0 7 (; 3 766 STAFF REPORTS Next Work Session May 22, 1995 7:00 p.m. Next Regular Meeting June 5, 1995 7:00 p.m. Atkinson noted he had given flyers to Council members on the Montana Transportation Project, a program of the Alternative Energy Resources Organization (HERO) and encouraged them to read. ADJOURN The meeting was adjourned at 9:27 p.m. " 0 ��. D6ugl6 D. Rauthe, Mayor ATTEST: vtr C. Debbie Giffo C Clerk of Counc Aporved 6/5/95