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02/03/92 City Council Minutes35 435 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, FEBRUARY 3, 1992, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Council Minutes -January 21, 1992 Approve Claims per Payables Register Pledged Securities -December 31, 1991 Atkinson moved approval of the consent agenda. The motion was seconded. In the minutes, page 434, the second paragraph was corrected to reflect Kennedy made the motion. Buck and Granmo commended and thanked Finance Director Amy Robertson for the claims list included in the agenda packets. The motion carried with a vote. ADDRESSING THE COUNCIL No one addressed the council. PUBLIC HEARING Proposed Zoning Ordinance Proponents The following spoke in favor of the ordinance: Nick Haren, Kalispell Chamber of Commerce Manager, also read and distributed a membership survey which reflected the following: 44 members would support the proposal; 22 members would oppose the proposal, because they felt it too restrictive and; 6 members would oppose the proposal, because they felt it too lenient; A total of 72 Chamber members responded to the survey within the allowable time period which constitutes nearly a 14% return. Mayor Rauthe noted he received a letter from Margaret Lekander from Wheaton's in support of the ordinance. He also noted a petition was submitted May 6, 1991, with 50 citizen signatures supporting the proposed ordinance. Jim Thompson, 160 Riverview Drive, supported but felt billboards should be prohibited. Larry McRae, Outlaw Inn Manager Jim Vidal, 120 Woodland Drive, recommended placing a mechanism to the ordinance to continue ongoing studies. Bill Gould, 154 Sherry Lane, agreed with Thompson on billboards. Bill Goodman, 738 2nd Avenue East Jim Pannell, Myhre Billboards Attorney Bill Astle, representing Kalispell Regional Hospital, stated that the concern of the hospital in the new health care zone which was formally called the hospital zone is not allowing the hospital to be a use of right in that zone. I 3 E 436 Councilwoman Kennedy noted she received letters from Tami and Michael DeGrosky and Steve Herbaly supporting the proposed ordinance. Councilwoman Moses received a letter from Tom and Tamie Jentz in support. Granmo received a letter from Mrs. Miller in support. Opponents Jim Pannell, Myhre Billboards, noted the language may not be appropriate on page 91, Section 27.24.080 7. (h) There are seven words at the end of the last paragraph "including the 18 total sign face limitation." He stated Myhre did not discuss and does not agree to. They feel strongly it should be stricken from the record. City Attorney Neier agreed it should be stricken to avoid legal ramifications. Mayor Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS Ordinance 1173-Goodman Zone Change-2nd Reading Buck moved Ordinance 1173, an ordinance to amend Section 5.01, Official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance No. 1110), by zoning Assessor's Tracts 6BQ, 6BI, 6BH and 6BG in Government Lot 1, Section 7, Township 28 North, Range 21 West (previously zoned Residential, R-3) Residential Apartment, RA-1, in accordance with the Kalispell City -County Master Plan, and to provide an effective date. The motion was seconded. Nystul felt this should be delayed until the Neighborhood Plan is completed. Collins agreed with Nystul but due to the legal ramifications he would vote in favor. With a roll call vote the motion carried with Nystul voting against. Ordinance 1174-Salary Ordinance -1st Reading Moses moved Ordinance 1174, an ordinance amending Ordinance No. 1171, fixing the limits of the salary and compensation of the City Officials, Supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A. beginning January 1, 1992; repealing all other ordinances in conflict therewith. The motion was seconded. Nystul spoke in opposition to the salary of the mayor and the council. The motion carried unanimously upon roll call vote. Ordinance 1175-Zoning Ordinance -1st Reading Moses moved Ordinance 1175, an ordinance to provide for comprehensive revisions to the Kalispell Zoning Ordinance, including provisions on parking and sign regulation, repealing ordinances not consistent herewith, and to provide for an effective date. The motion was seconded. Williams stated the reason the city was asking for a conditional use permit is to have basic control with respect to the overall development of a hospital. With the Site Review provisions of this ordinance it is rather specific, the city staff would not necessarily, have the full authority and impact that the city council would have utilizing a conditional use. The conditional use process can do a lot of the things that need to be mitigated as a result of that type of development. 437 Williams also referred to the height requirement in the Downtown District. On page 39-establishes 50 ft. as the maximum height requirement. Larry Gallagher suggested increasing that height to respond to some development interests regarding the old college properties. He suggested increasing that to 72 ft. Williams suggested the height be 60 ft., as a compromise, that would allow for 5 stories and then the additional space on the roof for the mechanical. There was discussion and there was consensus supporting the 72 ft. Larson spoke in favor of the entire zoning ordinance, was pleased with the process and would like an ongoing evaluation of the ordinance. Williams stated the evaluation would be done yearly at the annual Goal Setting Work Shop. Moses agreed with the public input and spoke against billboards in the city limits. There was discussion. In reference to billboards, Greer agreed with the suggested changes to clarify the ordinance on page 91, Section 27.24.080 7. (f). Page 113 Figure #1 contains typos that will be corrected. Kennedy moved to amend Ordinance 1175, Page 39, Maximum Building Height, read 72 instead of the current 50 ft. and to amend Section 27.24.080 so Sections (f), (g), and (h) read as follows: (f) In order that the total face area and number of faces of all lawful billboards within the City not be increased beyond the number of faces occurring on the effective date of this ordinance, no billboard shall be constructed without first removing billboard(s) equal in face area and number of faces. In order to administer this provision, the Administrator shall issue a replacement permit to anyone who permanently removes a lawfully existing billboard. The Administrator shall note on the replacement permit the number of faces and the face area, and the zoning district in which the sign was located, for every sign face removed. Replacement permits may be transferred. No billboard sign construction permit shall be issued without a replacement permit which corresponds to the number of sign faces to be replaced. The total number of billboard faces in the city limits of Kalispell shall not exceed 18, except that property occupied by billboard(s), which is annexed to the City, after the effective date of this Ordinance, shall be subject to the provisions of Section 27.24.150, and billboard(s) located thereon may remain, but shall not, thereafter, be relocated. (g) Any billboard, except those subject to annexation as specified in (f), supra, located within any zoning district in which billboards are prohibited shall be relocated at the billboard owner's expense to a zoning district which permits billboards within five (5) years following the enactment of this Ordinance; provided that billboards located within 1500 feet of the intersection of Main and Idaho Streets shall be relocated within twenty-four (24) months following enactment of this Ordinance. ,1 0 8 438 (h) Whenever a parcel of land containing any billboard is rezoned to one of the prohibited zoning classifications, the billboards shall be removed within five (5) years of rezoning, provided that any billboards removed pursuant to this subsection may be reinstalled within any of the permitted zones listed in Section 27.24.110, in accordance with subsection (f), supra. The motion was seconded. Nystul spoke against the amendment. Atkinson spoke in favor of the ordinance. Collins noted he received several letters opposed to billboards in the city limits and asked if there was anything that could be done. City Attorney Neier referred to his past memo indicating that in his research, if the city desired to eliminate billboards, they would have that right. The billboards could be condemned and the city would have to give compensation for the billboards if they desired to eliminate them. If this was desired the ordinance could be amended at that time. Larson spoke in favor of the amendment. The amendment carried with a vote with Nystul voting against. There was discussion concerning the health care zone. Larson called for the question. Upon roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL Reappointments -Parking Advisory Board Mayor Rauthe recommended the reappointments of Steve Cooney for a 1 year term and Gordon Pirrie for a 2 year term to the Parking Advisory Board. Collins moved to approve the reappointments of Steve Cooney for a 1 year term and Gordon Pirrie for a 2 year term to the Parking Advisory Board. The motion was seconded. With a vote the motion carried. Election of Council President Ballots were distributed for election of Council President. Upon tally of the votes there was a tie vote between Larson and Nystul. The vote was repeated with Nystul being selected as Council President. Proclamation -Teen Day Rauthe read the proclamation and proclaimed 2/7/92 as Teen Day in the City and State of Montana. He encouraged all citizens to join him in this observation to honor our teen population and support all efforts to promote the health and continued educational achievement and personal growth among teens in . Montana. The motion carried with a vote. Kalispell Police Department Awards Ceremony It was Rauthe's pleasure to participate in the Kalispell Police Department Awards Ceremony. 10 of the city's finest police officers were awarded. He congratulated the Police Department on a job well done and a ceremony that was very befitting of the acts that were being recognized. 439 439 Department of Social and Rehabilitation Services Larson received a letter from the Missoula District Office Department of Social and Rehabilitation Services announcing there will be a video on the Americans with Disabilities Act shown on February 13, 1992 from 2:00-4:00 p.m. at the Kalispell SRS Conference Room for anyone interested. BUSINESS FROM MANAGER Montana Municipal Insurance Authority Conference Williams gave a report on the 2 day MMIA Conference he recently attended which included a goal setting session and general meeting. EDA Grant Williams stated the city was notified this date that the City's EDA grant was approved in the amount of $293,000. Burlington Northern Agreement Williams met with Burlington Northern and there will be a new agreement coming forth. Out of Town Williams will be out of town Thursday 2/5/92. Executive Meeting There will be an executive meeting following this meeting. STAFF REPORTS Next Work Session 2/10/92 7:00 p.m. Next Council meeting 2/18/92 7:00 p.m. Goal Setting Work Shop 2/22/92 8:00 a.m. Nystul will be out of town 2/10-28/92, ADJOURN The meeting adjourned at 9:00 p.m. Dougla4j D. Rauthe, Mayor ATTEST: z erL Amy H./Robertson, Finance Director Debbie Gifford, Clerk of Council Approved February 18, 1992 11