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04/05/93 City Council Minutes10549 549 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 5, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMEN BUCK AND ATKINSON WERE ABSENT AND ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -Regular Meeting March 15, 1993 Special Meeting March 24, 1993 Approve Claims per Payables Register Check Write Off Moses moved to approve the consent agenda. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL No one addressed the council. ORDINANCES & RESOLUTIONS 2nd Readings Ordinance 1184-Amend Zoning Ordinance Section 27.16.030 Larson moved Ordinance 1184, an ordinance amending Section 27.16.030, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The reason for this ordinance is to amend Section 27.16.030 Conditional Uses in B-4 Zone -Delete Restaurants as an incidental ■ use. Reason -restaurants are allowed in this zone as a permitted use. With a roll call vote the motion carried. Ordinance 1185-Amend Zoning Ordinance Section 27.24.160 Moses moved Ordinance 1185, an ordinance amending Section 27.24.160, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The reason for this ordinance is to amend Section 27.26.160 Sign Code Violations -by deleting subsection 3 and renumber 4 & 5-Reason Section 3 is a duplicate of Section 1. The motion carried with a roll call vote. Ordinance 1186-Amend Zoning Ordinance Section 27.30.030 Larson moved Ordinance 1186, an ordinance amending Section 27.30.030, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Section 27.30.030 Hearings for Amendments -First paragraph Delete -The project site shall be posted indicating the time and location of the public hearing at least 10 days prior to the hearing date. Reasons - Posting of the site is not required by State law, the current method is ineffective, time consuming and a potential liability if overlooked. Same Section -Second paragraph -Delete the first three sentences beginning with the words "When the Zoning Commission" and ending with the words "prior to the hearing date". Replace the first 3 sentences with "The Zoning Commission shall forward to the City Council its recommendation on the proposed amendment to either the text or the Zoning District map. Based on the results of the Zoning Commission hearing, the Staff Report and Findings of the Zoning Commission, the City Council shall by ordinance render a decision to grant, amend or deny the requested amendment." a50 550 Reason -The first sentence of the current text is unclear as to what happens if the Zoning Commission recommends denial of a zone change. The public hearing before the City Council becomes repetitious. The third sentence required a posting of the site which is ineffective, time consuming and a problem if overlooked. With a roll call vote the motion carried. Ordinance 1187-Amend Zoning Ordinance Section 27 37 010 Collins moved Ordinance 1187, an ordinance amending Section 27.37.010, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Section 27.37.010 Definitions -Sexually oriented business (c) Adult Cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features.. delete the word regularly. Reason - deleting the word regularly eliminates any question as to when nude dancing is and is not allowed per the Zoning Code. The motion carried upon roll call vote. Ordinance 1188-Amend Zoning Ordinance Section 27.24.070 Granmo moved Ordinance 1188, an ordinance amending Section 27.24.070, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Section 27.24.070 Sign Area Allowance -Replace the present language with "The maximum sign area allowance for a particular property shall be calculated as per subsection (1) or (2) below unless otherwise specified in the chapter. Sign area allowances shall only be applicable to developed properties, and shall include all nonconforming signage for which permits have been issued per Section 27.24.150." Reason - The Sign Code has no link between existing nonconforming signs and new signage allowed by the Code. Upon roll call vote the motion carried. Ordinance 1189-Amend Zoning Ordinance Section 27.37.010 Kennedy moved Ordinance 1189, an ordinance amending Section 27.37.010, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Section 27.37.010 Definitions by deleting definitions for lot depth; yard, corner side; yard front; yard rear; and yard side; and adding the definitions for lot front, lot rear; lot side; lot length and required yard be incorporated into the ordinance. The motion carried with a roll call vote. Ordinance 1190-Amend Zoning Ordinance Section 27.13.040, 27.14.040, 27.15.040 and 27.17.040 Moses moved Ordinance 1190, an ordinance amending Section 27.13.040, 27.14.040, 27.15.040 and 27.17.040, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. The purpose of this ordinance is to amend Sections 27.13.040, 27.14.040, 27.15.040 and 27.17.040. It is recommended that the side corner setbacks of the following commercial B-1 through B-5 be reduced from 20' to 15'. The motion carried upon roll call vote. Ordinance 1191-Amend Zoning Ordinance Section 27.26.030 Kennedy moved Ordinance 1191, an ordinance amending Section 27.26.030, City of Kalispell Zoning Ordinance No. 1175. The motion was seconded. 551 Williams explained the purpose of this ordinance is to amend Section 27.26.030 Off Street Parking by adding a new title "Location" which would allow parking within the front and side yard setbacks in the R-5 zone and B-1 through B-5 zones. With a roll call vote the motion carried. Ordinance 1192-Ward Boundaries Collins moved Ordinance 1192, an ordinance amending Section 6-2 of the Kalispell City Code (Ordinance No. 1060) by re-establishing boundaries of the Wards of the City. The motion was seconded. The purpose of this ordinance is to adjust the City Council Ward Boundaries consistent with the 1990 census. City Attorney Neier adjusted the boundaries so that each Ward contains a little over 2,900 residents represented in each of the City's 4 Wards. The motion carried upon roll call vote. Ordinance 1193-Parking on Boulevards -1st Reading Kennedy moved Ordinance 1193, an ordinance to amend Section 17-46, Kalispell City Code to prohibit parking on the sidewalks and on a boulevard where a curb exists_, and declare an effective date. The motion was seconded. Kennedy spoke in favor of the motion. With a roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL Proclamation -Public Radio Week Mayor Rauthe proclaimed April 10-18 as Public Radio Week. City Attorney Evaluation Rauthe noted the evaluation for City Attorney Neier has been completed and a meeting with Neier needs to be scheduled and presented to Council at the next work session. KDC Executive Board Member Request The KDC Executive Board has requested an additional City Council representative to attend their meetings. The Board specifically requested Kennedy as she is interested in the position. Rauthe asked if any other council members were interested. No other interest was shown. It was agreed that Kennedy will represent the Council on the Board. BUSINESS FROM MANAGER Gateway Orchard Villas -Conditional Use Permit Williams explained that Frank Strickland is requesting a Conditional Use Permit to construct a 4-6 unit residential complex on each of 19 lots in the Gateway Orchard Villas Subdivision. The proposal is for a maximum of 88 units in either apartment, townhouses or condominium configuration. The project is on an 8.5 acre site located between Two Mile Road and Glenwood Drive. The Planning Board held a public hearing on the request March 9, 1993 and voted unanimously to adopt the FRDO Staff Report as Findings of Fact and recommends to the City Council that the Conditional Use Permit be granted with 10 conditions. Williams and Staff recommend that Council concur with the Planning Board's findings and approve the requested CUP. Collins moved to approve the Conditional Use Permit for Gateway Orchard Villas with Attachment "A". The motion was seconded. The motion carried with a vote. Request to Waive Special Assessments Jerry Begg is requesting to have the City's Street and Storm Sewer Special Assessments abated on property he owns in the South Meadow Subdivision. ( 5 '15 2 552 Mr. Begg is seeking relief in the amount of $2,532.70 for tax year 1992. The City has had similar requests in the past and denied because the City policy allows for no such relief. Since 1983 this property was not assessed for the Specials, but the property was added in 1991 as a result of a general review of files. Williams recommended to deny Mr. Begg's request for abatement of the City Specials. There was discussion as to the existence of a Developer Agreement. Nystul moved that the city manager be directed to respond to Mr. Begg, given the nature of the assessments and the absence of any Developer Agreement, the Council has no reason to abate the City Specials in question. The motion was seconded. The motion carried with a vote. Request to Amend B-1 Zone Paul Palmer has requested Council amend the zoning code to allow apartments as an Accessory Use in this zone. Mr. Palmer owns property in a B-1 zone and plans on building an office/apartment building, with the apartment for his family use only. However, the zoning code does not allow for such mixed use in the B-1 zone. Staff is recommending that the code be amended to allow apartments in the City's Commercial Zone Districts as Accessory Uses. These zones include B-1 through B-3. The B-4 zone already allows multi- family dwellings, so this section would remain unchanged. Williams requested Council's approval to forward this request on to the Planning Board for a public hearing and a recommendation. Larson moved the Council approve forwarding Mr. Palmer's request to the Planning Board for public hearing. The motion was seconded. With a vote the motion carried. DeMeester Zone Text Change -Set Public Hearing The Planning Board recently considered a request to change the zone for property located at 451 North Main (Coca-Cola) from B-1 to B-2. The request to change the zone was denied by the Board. However, the Board did recommend that the text of the Zoning Ordinance be amended to allow printing/publishing/reproduction/blueprinting/ photostat establishments as a Conditional Use in the B-1 Neighborhood Business Zone. Williams recommended that Council schedule a public hearing on this matter April 19, 1993. Granmo moved to schedule a public hearing on the DeMeester Zone Text Amendment for April 19, 1993. The motion was seconded. The motion carried upon vote. Bid Recommendation-Whipp's Vault Four bids were received and opened on this date for the Whipp's Sidewalk Vault and Alternate as follows: Base Bid Alt. 1 Total Sandon Construction Co. $50,219.70 $3,429.00 $ 53,648.70 Pack & Company Inc. $56,266.00 $5,994.00 $ 62,260.00 Native Way, Inc. $66,327.30 $6,763.85 $ 73,091.15 A-1 Asphalt, Inc. $89,605.35, $10,535.00 $100,140.35 Kennedy abstained from discussion and vote. Collins moved to award the bid for the Whipp's Sidewalk Vault Project to Sandon Construction in the amount of $53,648.70 including Alternate 1. The motion was seconded. The motion carried with a vote. 055113 1 1 553 Discussion on Countywide Administrative Board Williams stated he is planning to ask the County Commissioners at the CAB meeting on 4/6/93 to delay any action to modify the interlocal governmental agreement creating the CAB. Rauthe reported the mayors of the three cities contacted the office of the County Commissioners and as a result he met with Commissioner Gipe and received verbal assurances from him that the County will not take any action to modify the CAB over the next 9- 10 months. All involved will take a look at the format of the CAB and consider any improvements. Williams felt that was outstanding news. It gives all involved time to re-evaluate its positions. He thanked the mayor on behalf of the citizens. STAFF REPORTS Next Work Session 4/12/93 7:00 p.m. Next Regular Meeting 4/19/93 7:00 p.m. ADJOURN The meeting was adjourned at 7:40 p.m. Douglag D. Rauthe, Mayor ATTEST: Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 4/19/93