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02/04/91 City Council Minutes8 `_ 347 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. " 4 348 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. 349 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 FJ