11/03/97 City Council Minutes1085
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, NOVEMBER 3, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, JOHN GRAVES,
DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY
GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Rauthe noted Krepps requested the removal of Item 7, Resolution
4175-Thomas, D an & Hoakina-Woodland Court rhangp Order.
Haarr moved to approve the agenda. The motion was seconded.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting -October 20, 1997
B. Approval of Claims per Payables Register-$280,622.47
C. Pledged Securities September 30, 1997
D. Immanuel Lutheran Home Conditional Use Permit
Collins moved to approve the consent agenda. The motion was
seconded.
Upon vote the motion carried.
HEARING THE PUBLIC
Youth Cpntpr
Scott Biesheuvel, 3020 Trumble Creek Road, read a letter from he
and his wife Debbie. They have been renting the Desperados Dance
Hall on Main Street for the youth to go to on Saturday nights. It
has been very successful. The building is now up for lease and he
requested some help with the cost of this Youth Center.
First Time Hnmp B uyerG Program
Brenda Krantz, 1717 South Woodland, thanked the Council for the l9t
Time Hbme Buyers Program. She said she would be moving in soon
and would not have been able to purchase a home otherwise. Her son
Ryan thanked the Council also.
First S__iri_y Bank 7nne Change -North Meridian and Two Mile D iy
Bruce Lutz, supported the zone change request from First Security
Bank.
John King, 134 North Haven, also spoke in favor of the zone change.
Ron Trippett, Somers, spoke in favor of the zone change.
He also submitted an offer for Lots 15 and 16 of Block 36 to City
Manager Krepps for consideration.
Mpri_dian Road -One Way Ragt Rptwppn Hwy 93 and Windward Way
Mike Strand, was not in favor of the one way between Hwy 93 and
Windward Way.
Ordinance 1268-Meridian Road -One Way Vast Between Hwy 93 and
Windward Way-2nd Reading
This is the continuing piocess for this change in traffic
direction. The coordination with the opening of the new portions
of streets is assured. This street should be opened by the
November 18 target date. At this time the driving surface is
complete. All of the handicapped ramps are not complete. The
construction trailer is still on the street. One small wedge of
asphalt needs to be poured at one intersection.
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Discussions with MDOT have indicated that there is no reason to
have a further joint meeting. They believe this is the correct
decision and is one that was previously agreed upon and approved.
Donahue moved Ordinance 1268, an ordinance to establish one-way
only vehicle traffic on Meridian Road East between U.S. Highway 93
North and Windward Way and declaring an effective date. The motion_
was seconded.
There was discussion.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Kennedy, Larson and Nystul voting in favor and
Haarr and Rauthe voting against.
Snnw Removal Ordinance Amendments
Due to the changes in the snow policy, all six of the following
ordinance changes are required to assure that coordination and
enforcement is consistent with the policy.
First Readings would be the normal process for approval of these
ordinances. Due to the timing of the policies and the fact that
snow could hit at any time, Krepps suggested passing Ordinances
1269, 1270, and 1271 under the emergency provisions for ordinances,
and 1272, 1273, and 1274 being passed under the regular process.
Emergency
Ordinan _ 1269-Amend Chanter 17, Section 76 -Parking_ Rom, Its
DLri ng Snow Season Event
Nystul moved Ordinance 1269, an ordinance amending Chapter 17,
Motor Vehicles and Traffic, Kalispell Municipal Code by amending
Ordinance Noss 627, SS 2; 766, SS 1; authorizing the City Attorney
to recodify Chapter 17, Kalispell Municipal Code in accordance with
this ordinance; declaring an effective emergency.
The motion was seconded.
There was discussion concerning the hours and there was consensus
from the Council to purchase two gates for the snow plows.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Ordinance 1.70- m nd rhapfAr 24, Section 17-Duty to Keep Sidewalks
Clean of Snow, TCe, P-tc_
Kennedy moved Ordinance 1270, an ordinance amending Chapter 24,
Streets and Sidewalks, Kalispell Municipal Code by amending R.O.
1947, SS 975; authorizing the City Attorney to recodify Chapter 24,
Kalispell Municipal Code in accordance with this ordinance;
declaring an emergency. The motion was seconded.
Donahue moved to amend the motion to state within 72 hours from the
beginning of the snow event. The motion was seconded.
There was discussion.
The amendment carried upon vote with Donahue, Atkinson, Haarr,
Nystul, Graves, and Rauthe voting in favor and Collins, Kennedy and
Larson voting against.
The amended motion carried upon roll call vote with Atkinson,
Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe
voting in favor.
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O AinancA 27 - m nel halter 24, Section 18-Pushing Snow From
PrivatA Prpmispn Onto Streets and Sidewalks Policy
Larson moved Ordinance 1271, an ordinance amending Chapter 24,
Streets and Sidewalks, Kalispell Municipal Code by amending
Ordinance No. 680, SS 1; authorizing the City Attorney to recodify
Chapter 24, Kalispell Municipal Code in accordance with this
ordinance; declaring an emergency. The motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
The following Ordinances 1272, 1273 and 1274 were deferred until
the next meeting.
Ordinan 1275-Firs_ Security Bank Zone Change from B-1 to B-3 NW
corner Meridian and Two Mile Drive -1st Reading
Flathead Regional Development Office received a request from Great
Northern Bancshare, Inc. and First Security Bank of Kalispell for
a zone change from B-1, a Neighborhood Buffer District, to B-3, a
Community Business District. The site is located on the northwest
corner of Meridian Road and Two Mile Drive, and contains
approximately 1.48 acres. The Planning Board forwarded a unanimous
recommendation after a public hearing was held on October 15, 1997.
Kennedy moved Ordinance 1275, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance 1175), by zoning property described in Exhibit "A"
(previously zoned B-1 Neighborhood Buffer District), B-3, Community
Business District, in accordance with the City -County Master Plan,
and to provide an effective date. The motion was seconded.
The motion carried with Atkinson, Collins, Donahue, Graves, Larson,
Kennedy, Haarr, Nystul and Rauthe voting in favor.
r i ty Manager on ra _ h/ Evaluation
Each of the Council Members and the Mayor have completed an annual
evaluation of the Managers performance for the past year.
Larson moved to change the City Managers employment agreement to
include a 3% salary increase and a 3% car allowance increase and
extend the contract to terminate August, 2000. The motion was
seconded.
There was discussion. Donahue spoke against the increase and Haarr
was not prepared.
The motion carried with a vote with Donahue and Haarr voting
against and Atkinson, Collins, Graves, Kennedy, Nystul, Larson and
Rauthe voting in favor.
R_soluion 4376-S op Signs at 3rd Avenue West North and Washington
Street
The Police Chief and the Public Works Director have reviewed and
analyzed the intersection of 3rd Avenue West North and Washington
Street. The review confirms that stops are warranted. According
to the MUTCD, vision problems, accident history, and intersections
of certain major/minor streets justify installation of stop signs
to control the intersection. This resolution will authorize stops
on 3rd Avenue West North.
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with the new signs at Washington on 1st and 2nd, this intersection
has become increasingly important to control. A recent accident
history check reveals 4 accidents at this corner within the last 18
months.
Nystul moved Resolution 4376, a resolution approving the placement
of a stop sign at 3rd Avenue West North at its intersection with
Washington Street and declaring an effective date. The motion was
seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4377-Preliminary Plat -Amended Plat Bu f to rage Phase
I Lots 1T-12T
On October 15, 1997, the Planning Board held a public hearing for
a request by Sands Surveying on behalf of Penco of Montana, Inc.
fbr preliminary plat approval of the amended plat of Buffalo Stage
Phase I, Lots 1T through 12T, a 24 lot single family residential
subdivision. The property contains approximately 5.895 acres and
was previously platted for 48 townhouse lots. The property is
located west of Whitefish Stage Road and south of Edgerton School.
The Board voted unanimously in favor.
Krepps concurred with the recommendation of the Board for the re -
platting to a less dense usage.
Kennedy moved Resolution 4377, a resolution approving the amended
plat of the Buffalo Stage Phase I subdivision, Flathead County,
Montana. The motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4378-Set Date for Public_ Hearing -Budget Ame_n_AmeTt
Samaritan Hnuap rrant
Approval was received of the City's $400,000 CDB Grant for the
Samaritan House.
To enable the City to legally spend these grant funds, a Public
Hearing date needs to be set for a budget amendment. The Public
Hearing would be held. November 17 at 7:00 p.m. to gain
input/comments from the public and to fulfill the legal
publication/hearing requirements.
Atkinson moved Resolution 4378, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Montana, as set forth in the 1997-98 budget adopted by
the City Council for the CDBG Public Facilities Grant Program. The
motion was seconded.
Donahue inquired if there was any agreement or memorandum of
understanding with the Samaritan House relative to the project and
if not, requested one be obtained.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
R_soli ion 437-Pr_limin ry Plat -Buffalo commons Phase Ii-35 Unit
Townhouse Slihdivigion
The City -County Planning Board received a request from Northwest
Health Care for preliminary plat approval of Buffalo Commons Phase
II, a residential subdivision proposed for 35 townhouse units on
twelve parent lots. The twelve lots will be developed with duplex,
triplex and fourplex housing units constructed to a single family
standard and conveyed as individual units.
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1
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1
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The property contains approximately 8.44 acres and is part of the
70 acre planned unit development Buffalo Commons. The property is
located on the east side of Hwy 93 North on the north side of
Heritage Way. A public hearing was held and the Planning Board
voted unanimously to approve this.
Collins moved Resolution 4379, a resolution approving the -
preliminary plat of the Buffalo Commons Phase II, Flathead County,
Montana. The motion was seconded.
Upon roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Donahue reviewed the minutes from the Solid Waste Board.
FOR YOUR INFORMATION
Work Session Hwy 93 South Discussion November 10, 1997 7:00 p.m.
Next Regular Meeting November 17, 1997 7:00 p.m.
Airport Authority Meeting November 17, 1997
ADJOURN
The meeting was adjourned at 8:15 p.m.
ATTEST:
-.
'CAP
Debbie Gif�o CMC/AAE
Clerk of Council
Approved 11/3/97
�L
Douglas'D. Rauthe, Mayor