06/19/95 City Council Minutes0_ 78
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JUNE 19, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS
JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE
LARSON, PAM KENNEDY, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY
MANAGER BRUCE WILLIAMS WERE PRESENT. CLIFF COLLINS WAS ABSENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Moses moved to approve the agenda. The motion was seconded.
The motion carried upon vote.
Approve Minutes June 5, 1995
Atkinson moved to approve the minutes. The motion was seconded.
The motion carried with a vote.
Approve Claims per Pavables Register
Moses moved to approve the claims. The motion was seconded.
Upon vote the motion carried.
ADDRESSING THE COUNCIL
Glacier Drive -up Bank
John McMillan, 258 Juniper Bend Drive, President Glacier Bank,
spoke in favor of the proposed Glacier Drive -up Bank on Center
Street, included in the Market Place Phase III project.
Mick Blodnick, 475 3rd Avenue West North, Executive Vice President
Glacier Bank, spoke in favor of the project.
Mike Fraser, 300 Three Mile Drive, Thomas Dean & Hoskins, also
spoke in favor of the project.
Violence
Shelley Cooper told about violence in Helena, of which she was a
victim and encouraged the Council to take steps to make Kalispell
a safe place for the upcoming Gay Pride celebration to be held in
the next couple years.
Stillwater River/Shady Lane -Master Plan Amendment
The following spoke against the proposed Stillwater River/Shady
Lane -Master Plan Amendment.
Debra Hendrickson, 55 Ainley Lane
Tom O'Neil, 735 Conrad Drive
Ms. McIntyre, 402 Anderson Lane
Jackie O'Neil, 735 Conrad Drive
Charlene Lingstead, 440 Anderson Lane
ORDINANCES & RESOLUTIONS
Ordinance 1217-Pack Zone Change-2nd Reading (request withdrawn
March 6, 19951
Ron Pack has requested a zone change from RA-1 to RA-2 for property
he owns south of Two Mile Drive and west of Meridian Road. This
matter was previously considered and passed a first reading. On
March 6th Council scheduled a second reading of this ordinance and,
at the request of Mr. Pack, canceled the second reading. Mr. Pack
has since requested a second reading of this ordinance and
therefore scheduled it for this meeting. This matter was
considered by the Planning Commission and received no
recommendation because of a tie vote. The primary concern was that
the intent section of the RA-2 zoning ordinance states "This
district is intended for central and inner-city use and not for
suburban use." If approved, staff has requested a text amendment
to delete reference to "central and inner-city" under the intent
section of the RA-2 zone.
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Kennedy moved Ordinance 1217, —an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance 1175), by zoning properties located on the south side of
Two Mile Drive approximately 1/2 mile west of Meridian Road
(previously zoned RA-1, Low Density Residential Apartment), RA-2,
High Density Residential Apartment, in accordance with the City -
County Master Plan, and to provide an effective date. The motion
was seconded.
Nystul and Haarr spoke in favor of the motion.
Moses, Larson and Rauthe spoke against the motion.
Grano spoke in favor of the motion.
The motion failed upon roll call vote due to a tie with Larson,
Moses, Atkinson and Rauthe voting against.
Ordinance 1222-Amend Zoning Text-RA-2-1st Reading (tabled April 17,
199
The purpose of this ordinance is to change the intent statement of
the RA-2 zone to read as follows: "A residential apartment
district to provide areas for multi -family use and compatible non-
residential uses of high land use intensity". This district is
intended to serve *as a buffer between commercial and suburban
residential zones. This ordinance was considered by the Planning
Board with the Board recommending against the proposed change
offered by the ordinance.
Nystul moved to remove from the table from April 17, 1995,
Ordinance 1222, an ordinance amending Section 27.10.010, City of
Kalispell Zoning Ordinance No. 1175. The motion was seconded.
The motion carried and therefore was returned to the table for
consideration with Granmo, Moses and Larson voting against.
Nystul, Haarr and Kennedy spoke in favor of the motion.
The motion failed upon roll call vote due to a tie with Larson,
Moses, Atkinson and Rauthe voting against.
Resolution 4212-Intent to Adopt, Revise or Reject Stillwater
River/Shady Lane -Master Plan Amendment
The purpose of this Resolution is to acknowledge the intent of the
City Council to either adopt, revise, or reject a recommendation
from the Planning Board to amend the Kalispell City -County Master
Plan. The amendment requested by Bill Lincoln would change the
designation of approximately 240 acres located on the north side of
Conrad Drive from Shady Lane to the Stillwater River and bounded on
the west by Flathead River. The request would change the land use
designation for this property from suburban residential to urban
residential. The Planning Board recommended the denial of this
request.
Moses moved Resolution 4212, a resolution of intention to adopt,
revise or reject a recommended amendment to the Kalispell City -
County Master Plan. The motion was seconded.
There was discussion about the date of the next Council meeting and
consensus was to hold it July 10, 1995 at 7:00 and that date will
be inserted into this resolution.
The motion carried upon roll call vote.
Resolution 4213-Church of Latter Day Saints -Zone Change and
Annexation
This is a request by the Church of Jesus Christ of Latter Day
Saints for annexation to the City of Kalispell with a zoning
classification of RA-1.
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The parcel contains 4.5 acres located 500 feet north of West
Reserve Drive on the west side of Whitefish Stage. The Planning
Board held a public hearing regarding this request with no one
speaking in opposition. The Planning Board recommends the property
be zoned RA-1 upon annexation. Williams and Staff concurred with
the Planning Board recommendation to approve Resolution 4213.
Larson moved Resolution 4213, 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 L.D.S. Addition No. 264; to zone said property
Low Density Residential, RA-1, to amend the City Zoning Map
accordingly and to declare an effective date. The motion was
seconded.
Nystul and Granigo spoke in favor of the motion.
With a roll call vote the motion carried.
Resolution-4214-Marketplace Phase III -Preliminary Plat
This is a request by Darrell Martin and James Chase for Preliminary
Plat approval of a three -lot subdivision located on the north side
of First Street between First and Third Avenues East North. This
is a minor commercial subdivision which does not require a public
hearing or review by the Planning Board. The request would divide
approximately 4 acres of B-4 zone property into three lots. Lot
one would contain 1.17 acres and would be 176 feet of frontage on
Center Street and 310 feet of frontage on First Avenue East North.
Lot two would contain 73 acres and have 120 feet of frontage on
Center Street. Lot three would contain 2.13 acres and have 370
feet of frontage on Center Street and 250 feet of frontage on Third
Avenue East North. The preliminary plat approval is being
recommended with six conditions. The six conditions are identified
in section one of the resolution. Williams and Staff recommended
that Council adopt the resolution approving the preliminary plat of
the Marketplace Phase III subdivision.
Kennedy moved Resolution 4214, a resolution approving the
preliminary plat of the subdivision of Kalispell Market Place,
Phase III, of Assessors Tract 2A in the SE 1/4 of Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
The motion was seconded.
There was discussion.
Grano moved to amend the resolution to remove the words "northerly
portion of property" from Condition 1 on page 3. The motion was
seconded.
The amendment carried with Moses, Kennedy and Rauthe voting
against.
With a roll call vote the amended motion carried.
Resolution 4215-Authorize Purchase of Property
The intent of Resolution 4215 is to authorize the purchase of
approximately four acres of property for the selling price of
$142,875. This property will be used to complete the City's
affordable housing project for first-time home buyers. CDBG money
will be used to make the purchase. As the project begins to move
toward development, Staff will be requesting a loan in the amount
of approximately $100,000 from the Community Development and
Housing budget, which will be repaid from proceeds from the sale of
the undeveloped lots. Williams recommended that Council adopt the
Resolution authorizing the purchase.
Moses moved Resolution 4215, a resolution authorizing the purchase
of Lot 6, Porta Villa Subdivision, from AECS Ltd. and authorizing
the City Manager to accept said property on behalf of the City of
Kalispell. The motion was seconded.
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There was discussion. _
With a roll call vote the motion carried with Granmo voting
against.
Resolution 4216-Close Out Inactive SID Funds
The purpose of Resolution 4216 is to authorize the Finance Director
to close out two inactive Special Improvement District funds to the
S.I.D. revolving fund. One is the 1985 Sidewalk & Curb fund in the
amount of $(4,277.65) and the other is the 1986 Sidewalk and Curb
Fund in the amount of $(2,169.50).
Moses moved Resolution 4216, a resolution authorizing the Finance
Director to close out the inactive Special Improvement District
Funds to the SID Revolving Fund. The motion was seconded.
With a roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
5th Avenue West Overlay and Milling
Nystul requested an explanation why the street was ground down and
why the City is now overlaying it.
Public Works Director Babb explained it was discovered that there
was a very irregular and wavy pavement and found out by the milling
that some of it was less than 2 inches so it was ground down to a
smooth surface and is now being overlayed with a plus 2 1/2 inches.
City Clean Up
Atkinson complimented and thanked the staff for the excellent job
done on clean up and city maintenance.
BUSINESS FROM MANAGER
Ambulance and Water Write -Offs
Fire Chief Ted Waggener submitted a memo requesting the write off
of $40,335.04 in bad or uncollectible ambulance debts. There are
also water and sewer accounts that need to be written off totaling
$7,428.31.
Larson moved Council authorization of the ambulance write-offs for
this fiscal year in the amount of $40,335.04 and water and sewer
accounts that need to be written off totaling $7,428.31. The
motion was seconded.
Upon vote the motion carried.
Bid Award Recommendation-2nd Street East Sewer Rehab Project
Two bids were received for the 2nd Street East Sewer Rehab project.
Planned Engineering & Construction $ 97,500
Gelco, Inc. $138,080
Williams and Staff recommended the low bidder of Planned
Engineering & Construction in the amount of $97,500 be awarded the
contract.
Atkinson moved to award the bid to Planned Engineering &
Construction in the amount of $97,500 for the 2nd Street East Sewer
Rehab Project. The motion was seconded.
The motion carried with a vote.
Authoritv to Bid Demolition of Houses for Independent Living
Project
Susan Moyer submitted a memo requesting authority to bid the
demolition of two dwelling units which were purchased for the
purpose of building a 7-unit apartment complex for Flathead
Industries for the Handicapped.
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Atkinson moved to authorize to go for bid for the demolition of
Lots 9 and 10 of Block 52. The motion was seconded.
With a vote the motion carried.
1995-96 Preliminary Budget
Williams noted the preliminary budget is available.
STAFF REPORTS
Next Work Session June 26, 1995 7:00 p.m.
Next Regular Meeting July 10, 1995 7:00 p.m.
Atkinson will be out of town June 26, 1995
ADJOURN
The meeting was adjourned at 8:14 p.m.
ATTEST:
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oq c m e
Debbie Gi , CM
Clerk of Council
Approved July, 10, 1995
1
Dougl `o D. Rauthe, Mayor