05/15/95 City Council Minutes07G0
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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D6ugl6 D. Rauthe, Mayor
ATTEST:
vtr C.
Debbie Giffo C
Clerk of Counc
Aporved 6/5/95