02/04/91 City Council Minutes8
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, FEBRUARY 4, 1991, IN THE COUNCIL CHAMBERS AT CITY
HALL. MAYOR RAUTHE PRESIDED. COUNCILMEN ATKINSON AND BUCK WERE
ABSENT AND ALL OTHER COUNCILMEMBERS WERE PRESENT.
Mayor •Rauthe called the meeting to order and led the Pledge of
Allegiance.
Certificate of Award
Mayor Rauthe and Police Chief Clark publicly thanked Colleen
Thornton and issued her a citation for honesty, courage and
commitment. She found $10,000 and promptly turned it in to the
Kalispell Police which resulted in felony drug charges against a
Canadian citizen.
Chief Clark presented Ms. Thornton with a $500 check from the
Kalispell and Flathead Drug Team.
CONSENT AGENDA
Approve Minutes -January 7, 1991
Approve Claims per Payables Register
Larson moved approval of the consent agenda. The motion was
seconded and carried with vote.
ADDRESSING THE COUNCIL: No one addressed the council.
PUBLIC HEARING
Conditional Use Permit/Lence Application for Bed & Breakfast
Proponents
Attorney William Hileman, 433 2nd Street, Whitefish,
representing John and Gwen Lence, spoke in favor of the
conditional use permit.
Opponents
The following spoke against the conditional use permit:
Jim Robischon, 645 7th Avenue East
Paul Knapp, 615 3rd Street East
Frank Roe, 625 7th Avenue East
Bob Hatfield, 612 6th Street East
Norma Happ, 535 5th Avenue East
Richard Champoux, 516 Woodland
Merritt Warden, 430 Woodland
M.E.K. Johnson, Board of Adjustment member
Rauthe closed the public hearing.
BUSINESS FROM MAYOR & COUNCIL:
Conditional Use Permit/Lence Application for Bed & Breakfast
After lengthy discussion Larson moved that the conditional use
permit for a bed and breakfast at 632 6th Street East, Lots 1,2,3
and A of Block 201, Kalispell Townsite Addition Number 3,
requested by John and Gwen Lence be granted, subject to the
recommendations of the Zoning Administrator's report. The motion
was seconded.
With a roll call vote, each person gave an explanation prior to
their vote.
Rauthe stated in this system of government, if you offer
criteria to be met and it is met , that we would be arbitrary and
capricious if we denied this motion. Therefore I vote aye.
Nystul stated as in the city attorney's opinion to the council,
the terms and conditions of previous ordinances have been met and
we don't 'have a ` basis to vote against it. He saw no alternative
than to vote aye. "
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Moses stated she reluctantly and with real concerns of the
neighborhood, for the reasons already given, voted aye.
Collins stated he voted aye because the application appears to
meet the requirements and enact Ordinance 1072 of 1986.
Kennedy stated justified with everyone else, she felt that the
adverse affect has not been justified for the neighborhood and
felt the need to vote aye.
Larson stated he voted aye for the same reasons, at the advice of
our counsel, his opinion was that the opponents must prove
specific adverse affects. The proponents must prove that the
ordinance standards have been complied with and he has a great
deal of empathy for the people in the neighborhood and hated to
vote that way but I can't do anything else, I vote aye.
Granmo stated I would vote no, because in his estimation a zoning
ordinance of any kind is to protect the neighborhood and the
character of the neighborhoods of a city. He thought by the
number of signatures on the petition of the neighbors, who will
be directly affected by this, in opposing it, I feel that their
opinion that the character will be changed, justifies my vote.
With a roll call vote, the motion carried with Granmo voting
against.
Hwy 93 Letter
Kennedy summarized the proposed letter of support to the State
Highway Department in regards to the Hwy 93 reconstruction
project.
She asked for support in the signing of the letter along with
the Flathead Commissioners and with the City of Whitefish.
It was the consensus to authorize a final compromised draft that
all would have the opportunity to sign.
BUSINESS FROM MANAGER:
Banner Policy
After discussing the issue at the last work session, Williams was
asked to return with a limited use policy. The policy would
limit the use of banners to events sponsored by government
agencies only.
The banner specifications need to be changed, to contact Signs
and Signalization and the size be changed from 24-30 inches wide
to 24-30 inches high.
Granmo moved adoption of the banner policy as proposed by the
city manager with the corrections made. The motion was seconded.
Nystul, Moses and Rauthe spoke against the motion.
Granmo, Larson, Kennedy and spoke in favor of the motion.
Upon vote the motion failed with Granmo, Larson and Kennedy
voting in favor.
Kennedy moved the city impose a moratorium on banners. The
motion was seconded.
With a vote the motion carried unanimously.
Annual City Report
Williams presented his Annual City Report and explained the
benefit to his proposed reorganization if approved.
There"was, discd'ssion.
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Kennedy moved to authorize the city manager to make the changes
he deems necessary in the Planning, Community & Economic
Development and also in the Finance Department. The motion was
seconded.
Granmo, Kennedy, Collins and Larson spoke in favor.
Nystul and Moses spoke against the motion.
Upon vote, the motion carried with Nystul and Moses voting
against.
Out of Town
Williams will be in Helena 2/6-8. Wednesday he will, be filing
the Sewer Revolving fund loan application with the Water
Quality Bureau. Thursday and Friday he will be testifying for
the Tax Increment (sunset provision) bill at the State
Legislature. He appointed Steve Cervantes as acting manager in
his absence. He will rotate the department heads as acting
manager in future absences.
STAFF REPORTS: None
Next Council Meeting
The next council meeting will be Tuesday, February 19, due to the
holiday.
ADJOURN: The meeting was adjourned at 10:15 p.m.
5��p
Dougla D. Rauthe, Mayor
ATTEST:
Amy H. Robertson, Clerk -Treasurer
Debbie Liverman, Clerk of Council
Approved as presented February 19, 1991
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