11/17/97 City Council Minutes1090
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, NOVEMBER 17, 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, PAN KENNEDY, DUANE LARSON, CITY ATTORNEY GLEN NEIER AND
CITY MANAGER CLARENCE KREPPS WERE PRESENT. GARY NYSTUL WAS ABSENT._
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Rauthe requested the addition of Item 9, Interlocal Agreement with
Flathead County Agency on Aging/Eagle Transit.
Haarr moved to approve the agenda with the addition. The motion
was seconded.
Tie motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting -November 3, 1997
B. Approval of Claims per Payables Register-$196,198.44
C. Authority to sign Morrison Maierle Agreement
Council previously approved this project in conjunction with the
under -grounding of the utilities at the KDC site. Approval is now
needed of this contract for an amount of $8,809.00. This portion
of the project will be able to move ahead. The utilities portion
of the contract is being coordinated with the respective power.
companies and the Public works Department. Design will be coming
from the companies to the City to then design the alley
improvements.
D. Spring Creek Drainage Design Award
E. Proclamation -Great American Smoke Out Day
Mayor Rauthe proclaimed Thursday, November 201" as the Great
American Smoke Out Day.
Atkinson moved to approve the consent agenda. The motion was
seconded.
Donahue requested on page 1090 of the minutes from the last
meeting, the addition of his inquiry of any agreement or memorandum
of understanding with the Samaritan House relative to the project
and requested one be obtained. (Addition made)
Upon vote the motion carried.
HEARING THE PUBLIC
None
PUBLIC HEARING
Rudget Am n m n - G mari an Hous _ Grant
The City has been awarded a $400,000 Community Development Block
Grant for public facilities. These funds are to be used to assist
in the construction of a new 35 bed shelter for the homeless on the
west side of .town. The City is anticipating three additional
federal grants for the Samaritan House. When all of these grants
are confirmed, there will be a total of $1,500,000 for the
improvements. Improvements will include expansion of capacity,
staff living quarters, single family transitional units, and
rehabilitation and code compliance improvements for the Samaritan
House.
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Rauthe closed the public hearing.
RP_ao7u_tion 4I80-Budget manAmpnt-Samaritan Ho ma rrant
This procedure is required to authorize the receipt of these funds
and the spending of the funds for the Samaritan House improvements.
Kennedy moved Resolution 4380, a resolution 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.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in
favor.
Snow Removal Ordin nra AmpnAmanta
These ordinance amendments are the follow-up changes to the
permanent ordinances. At the last meeting Council passed the
emergency ordinances for the same controls outlined in these
amendments.
Krepps declared as of this date the official snow season is in
effect.
Krepps noted that the ordinance for sidewalk snow removal has a
change in the time frame for removal of snow from the sidewalks
located in the Central Business District. These sidewalks must
have snow removed by 12:00 Noon each day that it snows.
This seems to be the most effective way to be certain that these
most traveled, and most exposed sidewalks, will be free from snow
or ice accumulations.
Ordinance 1272-Amend Chanter 17, Section 76-Parking Renuirementc
DuringGnow Season Rvent-1st Reading
Larson moved Ordinance 1272, an ordinance amending Chapter 17,
Motor Vehicles and Traffic, Kalispell Municipal Code by amending
Ordinance No's 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 date. The motion was
seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in
favor.
nrdi anne 1273-AmanA Chapter 24, Section 17-Duty to Keep Sidewalks
e7 an of Snow, Inap Ste. 1st Reading
Larson moved Ordinance 1273, 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 effective date. The motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in
favor.
Qrdin name 1274- nand hapter 24, Section 18-Pushing Snow From
private Premises Onto Streets and Sidewalks Policy -1st Reading
Larson moved Ordinance 1274, 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 effective date. The motion was seconded.
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The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in
f avor. .
Recommendation for National Flnod servicea Bids
On October 7th the City received bids for the National Flood
Services property that the City now owns. The advertisement
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allowed bids to be submitted for the building only or the building
and two lots used.for parking. Separate bids for the lots only
were not allowed. Two valid bids were received for the property.
The bids submitted were:
A. William Lincoln, President of BL Steakhouse, Inc.- Building
Only - $75,000
B. Phil Rygg - Building and out lots-$190,000
The proposals were, as a normal procedure, submitted to the
Kalispell Development Corporation, (the City's advisory board for
development items). Their Executive Board and entire Board
reviewed, and discussed the proposals. Their unanimous
recommendation was to reject the bids that have been submitted.
The reasons discussed were:
A. Neither Proposal submitted increased the density of the core
area which is a major objective of the Downtown Urban Renewal
Plan.
B. Neither proposal furthered the general goals of the Urban
Renewal Plan.
C. Neither proposal added employment opportunities above those
that already exist.
D. Neither proposal met the previously established appraised and
fair market value.
E. Neither proposal increased the taxable valuation of the
property.
In addition to the above, it is also their belief that the property
will become more valuable as the KDC site is developed by Irwin
Davis in the next few months. This was the same logic that was
used for the lots that are on either side of the new Rosauer's
location. The City intends to re -offer those lots once the closing
and architectural design for Rosauer's is completed and available
for public review. Those lots will increase in value at that time.
The Irwin Davis Agreement has been signed. The building concept is
still similar but will be a three story building. KDC strongly
believes that this development will increase the value of the
property. A letter of recommendation also was received from the
KDC president, Lee Berger.
The Board recommendation was reached without any direction or
recommendation from the City staff. After hearing these
discussions, Krepps concurred with the KDC recommendation to reject
the proposals and re -offer the property next year after the
development of Irwin Davis is underway.
Haarr
moved Council accept the Phil
Rygg offer for the National
Flood
building and the two parking
lots on Main Street in the
amount
of $190,000. The motion was seconded.
There
was discussion and Haarr and
Donahue spoke in favor and
Atkinson,
Larson, Collins and Rauthe
spoke against.
Tom Weaver, KDC, spoke against selling the property at that price
and noted if Council does not agree with the $330,000 appraisal,
maybe another appraisal should be done.
Gordon Pirrie, pointed out the property was appraised at $285,000
several years ago. '
There was more discussion.
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The motion failed with a vote with Haarr, Donahue and Graves voting
in favor and Atkinson, Larson, Kennedy, Collins and Rauthe voting
against.
Ordinance 1276-Am _n m _nta to Buffalo Commnna P nn _d Tin i
Development -1st Reading
A memo was received from the Site Review Committee and a memo from"
David Greer that requests a modification of the Development
Agreement. This. memo explains the technical change that is
needed/requested. The City Manager and City Attorney reviewed the
request and have compiled a change in the Development Agreement
that corresponds with the recommendation of Site Review with two
exceptions. Items 2 and 5 are not included. Item 2 is already
covered within the agreement. Item 5 is not enforceable and should
not be included.
Atkinson moved Ordinance 1276, an ordinance amending Ordinance 1226
(Planned Unit Development, Buffalo Commons) by allowing the
amendment of the declarations of covenants, conditions, and
restrictions, Buffalo Commons (Retail/Commercial/Office) to include
therein, Banks/Savings and Loans/Finance and Loan Companies,
subject to certain performance standards. The motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in
favor.
Reanlut;on 41RI-Whitefish Stage ProfPan innaI Park Revised
Preliminary Plat (Final Plat
Upon review of the memo and discussion with the City Attorney,
Krepps concurred with the Planning Office recommendation to approve
the revised preliminary plat for Whitefish Stage Professional Park.
The subdivision agreements that have been approved by the City
Attorney protects and assures the City that unfulfilled conditions
of this platting will be complete.
Kennedy moved Resolution 4381, a resolution approving the revised
preliminary plat of the Whitefish Stage Professional Park, Flathead
County, Montana. The motion was seconded.
There was discussion about the fire hydrants.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in
favor.
Drdinanne 1279-Firat Stacurity Bank Zone Change from B-1 to A-1
NW corner Meridian and Two Mile Dr;v_-2nd Reading
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.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, and Rauthe voting in
favor.
Tntorlocal Agre ,cant W; h Fla -h _ad _o my Age on Aging
Rauthe received the interlocal agreement from Flathead County
Agency on Aging for the Eagle Transit Bus, which the City budgeted
$10,000 assistance.
Donahue moved to authorize the Mayor to sign the agreement with
Flathead County Agency on Aging for the Eagle Transit Bus including
the $10,000 assistance from the City. The motion was seconded.
Atkinson abstained from discussion and vote.
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Upon vote the motion carried with Collins, Donahue, Graves, Haarr,
Kennedy, Larson, and Rauthe voting in favor and Atkinson abstained.
FOR YOUR INFORMATION
Airport Authority Meeting to follow this Council Meeting
DBE Plan for Airport
Next Regular Meeting December 1, 1997 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:09 p.m.
Dougl D. Rauthe, Mayor
ATTEST:
Wlk�C'P�,47
Debbie GiQ�CMC/AAE
Clerk of Cou cil
Approved 12/1/97
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