Loading...
03A. Council Minutes - Regular Meeting - September 23, 1996M1 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7.00 P.M. MONDAY, SEPTEMBER 23, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER "-A--THEl,,; WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. 1. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote... 2. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting September 9, 1996 B. Approval of Claims per Payables Register-$297,041.39 C. Underground Storage Tank Removal D.. Approval to Proceed With The Design Consultant -Youth Athletic Complex E. Authority to Bid Solid Waste Rear Loading Truck F. Approval of Low Bid for Windward Way Project Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. HEAR THE PUBLIC Glacier Tennis Club Conditional Use Permit Dennis Winkel, Glacier Tennis Association addressed some concerns about the conditional use permit. Brad Roy, Northwest Healthcare Les Harrington, 266 Buffalo Hill Drive, spoke against the proposed tennis facility. Wilson Higgs, Two Medicine partner, spoke in favor. Jim Thompson, 160 Riverview Drive, spoke in favor. Stan Watkins, 750 Shadow Lane, spoke against the proposed tennis facility. Green Acres Annexation Sally Delby, 1740 Woodland Drive, requested certain rural properties be left out of consideration for annexation at Green Acres. I ow Molly Glendening, 1749 Woodland Drive, concurred with Delby. Resolution 4294-Intent to Annex -Green _Acres -and South Woodland FRDO has facilitated this issue within the neighborhood as much as reasonably possible. The City has reached out to the residents in a series of public meetings held in the neighborhood, and addressed the issues that they have raised concerns about. This process of the neighborhood meetings, individual staff meetings with citizens, and a joint meeting held on September 17 between the City Manager, City Attorney, Planning, Zoning, and City Engineering Department representatives has alleviated most of the concerns and will allow us to directly address the major areas of concern with the Green Acres area. The following items,.:wa:,1: __be . researched for the inclusion in the improvement plan: 1. Option A as presented at the last workshop is also the desire of Green Acres (or represented by Water Association and Housing Association representatives)... They do no want separation of any portion of these associations. 2. Traffic controls - four-way stop at South Woodland and Kelly. Other traffic enforcement and patrolling concerns. 3. County Park use - Homeowner's Park use. 4. Water system - wells, fire hydrants. 5. Fees - hookup fees - sewer, water 6. Drainage correction - time frame 7. Street, signage, etc. improvements In terms of a one-sided tax benefit to the City if annexing Green Acres, this annexation will be of mutual benefit. The Green Acres Subdivision will receive City fire coverage immediately, police services immediately, street design and improvements over the long term, improved water system through looping and placement of hydrants, immediate relief for septic tank problems, but most of all the drainage problems and solutions for the entire neighborhood's future improved quality of life. Larson moved Resolution 4294, a resolution of intention to annex territory to the City of Kalispell, comprising that territory described in Exhibit "A" attached hereto and thereby made a part hereof, to be designated as the Green Acres Annexation No. 276, to fix a date of a hearing thereon, and to provide for publication of notice of said hearing. The motion was seconded. ME There was discussion. Collins moved to amend what is considered to pass would be AA instead of A. The motion was seconded. There was discussion. The amendment carried unanimously. With a roll call vote the motion carried with Donahue, Granmo, Haarr, Kennedy, Larson, Nystul, Atkinson, Collins and Rauthe voting in favor. Glacier Tennis Club -Conditional Use Permit The recommendation from the City/County Planning Board and Zoning Commission was to allow the Conditional Use Permit subject to 13 conditions of approval. As discussed at the Work Session, it was generally felt by the Council that the joint use for parking was acceptable. with certain changes in the conditions. The modification requested by Council members included: A. Renewal of Condition #9 B. Modification of Condition #10-by removing the "such as brick veneer". C. Remove Condition #11 - or modify to allow roof top mechanical devices to be placed only on the north slope of the roof. D. Council should also order that the curbing be installed along the north side of Sunnyview. These modifications can be incorporated within the use permit. Additional considerations that were not discussed at the Work Session include previous development conditions that have not been addressed or may be modified due to possible approval of the present requested improvements. These were accepted by the owners prior to the first phase of the Summit area projects. These items are: 3. off street parking fulfilling the zoning ordinance requirements. There have been no parking agreements submitted to the City Attorney for consideration to fulfill previous requirements. By submitting new requests to reduce the text requirement for parking and by waiving the current requirements, the spirit of this condition seems to have been violated. 6. Specifically states that an additional building will require separate use permits. Therefore, the City should not be tying together the parking requirements, when it results in a 90 space deficit. MI 7. An additional requirement for parking alteration, one can certainly see the parking concerns of the Staff, Planning discussion, and Council in 1994. 10. The developer shall dedicate the east ten feet along Windward Way. This has not yet been dedicated. 12. Street trees and municipal sidewalks have not been constructed along the east portion of Sunnyview Lane at this date. 13. Since the tennis complex was not a portion of the original drainage plans, a new drainage plan must be submitted for approval prior to any building permitting action. 14. Some of the areas required to be landscaped are not in at this date. By granting the Conditional Use Permit with a 90 space deficit, the City may be creating andor expanding an existing parking/traffic problem. The potential- that a developer can waive City ordinances by such a large degree implies that: 1. The ordinance is too stringent. 2. The requirements are not needed. 3. The Staff is too strict in the enforcement/interpretation of the ordinance. The Planning and Public Works Staff have all reviewed the area and the potential problems that are evident with this proposed project. Krepps concurred with the Planning Staff and Public Works Staff that the parking requirements are critical and that a deficit of 90 spaces is too much to consider. He recommended against the approval of the Conditional Use Permit as proposed at this time. Larson moved to grant the conditional use permit to the applicant Drew Smith for the Glacier Tennis Club. The motion was seconded. There was lengthy discussion. Nystul moved to postpone the final discussion of this issue for 2 weeks. The motion was seconded. The motion carried with a vote with Larson, Haarr, Grarano, and Rauthe voting against. City Vacating 50' of 13th Avenue West -North of 7th-Stregt West As discussed at the Work Session, this action has been requested by the property owner. With the completion of the vacation, the property owner has agreed to pave 20 feet for use as an alley. up The Public Works Department has researched and discussed this item with the property owner. The property owner and Public Works Department have agreed that the vacation and improvements are acceptable/desirable to both parties. Nystul moved the Staff be authorized to proceed with the notices of process of closure and abandonment of 13th Avenue north of 7th Street West. The motion was seconded. With a vote the motion carried. FOR YOUR INFORMATION Next Work Session September 30, 1996 7:00 p.m. Next Regular Meeting October 7, 1996 7:00 p.m. ADJOURN The meeting was adjourned at 8:35 p.m. Douglas D. Rauthe, Mayor ATTEST:` Debbie Gifford, CMC Clerk of Council