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12/21/92 City Council Minutes521 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 21, 1992, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMAN BUCK WAS ABSENT AND ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -December 7, 1992 Approve Claims per Payables Register Moses moved the approval of the consent agenda. The motion was seconded. With a vote the motion carried. ADDRESSING THE COUNCIL Colin Wills, 755 North Main, spoke against the proposed parking authority and felt it was not needed. PUBLIC HEARINGS Flathead Industries Zone Chanae Proponents MIke Kelly, Flathead Industries Director spoke in favor of the zone change. Letters were submitted in favor of the zone change from the following individuals: Bill Leingang, Herberger's Julia O'Neill, Flathead Industries Board Member Douglas Morton, President, BankWest and Flathead Industries Board Member Carolyn O'Neil, 338 Harrison Blvd. asked in her letter the following points be entered into the minutes: 1. The proposed zone change complies with the Master Plan 2. The new zone change would be an appropriate use of the building. 3. The existing parking supports this type of zone change. The following also spoke in favor of the proposed zone change: John Constineus, architect and Flathead Industries Board Member Todd Hammer, attorney and Flathead Industries Board Member Pat Lee, 475 4th Avenue East North LaVonne Koenig, Flathead Industries Board Member Opponents None The public hearing was closed. Tidvman's Zone Change Proponents None Opponents None The public hearing was closed. Fincher Zone Change Proponents None Opponents None r ;-) 522 Ronnie Pack Annexation and Zone Designation Proponents None Opponents None ORDINANCES & RESOLUTIONS Ordinance 1180-Flathead Industries Zone Change -1st Reading November 10, 1992 the Kalispell Planning Board considered a request by Flathead Industries to change the zoning of property they own located at 305 Third Avenue East. The ordinance to be considered will change the zone from RA-1 to RA-3 consistent with the applicant's request. The Planning Board discussed the request and decided that an RA-1 zone provided the applicant with an adequate number of uses and that a change in zoning to an RA-3 would represent an intrusion into the residential neighborhood. The Planning Board voted unanimously to forward the negative recommendation to council. Williams agreed with the Planning Board's recommendation to deny the zone request as an RA-3 zone would be considered an intrusion upon the residential character of the neighborhood, and the present use of the property represents the same intrusion. Larson moved Ordinance 1180, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell zoning ordinance (Ordinance 1175), by zoning lots 11 and 12, Block 62, Kalispell Original Townsite (previously zoned RA-1, Low Density Residential. Apartment) RA-3, Residential Apartment/Office, in accordance with the Kalispell City -County Master Plan,, and to provide an effective date. The motion was seconded. Atkinson and Moses spoke in favor of the ordinance. There was discussion and upon roll call vote .the motion carried with Kennedy voting against. Ordinance 1181-Tidyman's Zone Change -1st Reading The purpose of this ordinance is to allow for the change of zone from B-3 to B-4 for property Tidyman's owns within the Kalispell Market Place Project Site. Both FRDO and the Planning Board have recommended granting the request. A large portion of property owned by Tidyman's within this development site is already zoned B- 4 and this requestwill zone all the Market Place property the same. This was a requirement of the preliminary plat that the city gave to Tidyman's so it is a housekeeping item. Williams recommended that Council adopt the ordinance. Collins moved Ordinance 1181, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell zoning ordinance, (Ordinance 1175), by zoning a tract of land located in the East 1/2 of the Southeast 1/4 of Section 7, Township 28 North, Range 21 West, P.N.N., Flathead County, Montana, (previously zoned B-3, Commercial Business) B-4, Central Business, in accordance with the City -County Master PLan, and to provide an effective date. The motion was seconded. With P ro11, call vote t.� --.^ .ion carried. Ordinance 1182-Fincher Zone Change -1st Reading The purpose of this ordinance is to authorize the change of zone on property owned by Nadine Fincher located East of Meridian Road and North of Wyoming Street from R-4 to B-1. The parcel is located directly West of two other tracts that Mrs. Fincher owns on Meridian that are zoned B-1. Staff and Williams recommended to adopt the ordinance. C 1 523 Atkinson moved Ordinance 1182, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell zoning ordinance, (Ordinance 1175), by zoning tract 5BA in Government Lot 2, Section 7, T28N, R21W, (previously zoned R-4, Two Family Residential) B-1, Neighborhood Commercial, in accordance with the Kalispell City - County Master Plan, and to provide an effective date. The motion was seconded. The motion carried upon roll call vote. Resolution 4084-Ronnie Pack Annexation and Zone Designation Resolution 4084 would allow for the annexation of property owned by Ronnie Pack located generally between Appleway Drive and Highway 2 West about 400 feet West of Meridian Road. The resolution will also assign a B-2 General Business zone to the property. Williams and Staff recommended that Council adopt the resolution as submitted. Kennedy moved Resolution 4084, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, a tract of land described as Tract 1 in the SE 1/4 of the SE 1/4 of Section-12, Township 28 North, Range 21 West, P.M.M., Flathead county, Montana, to be known as Pack Addition No. 249; to zone said property B-2, General Business; to amend the City Zoning Map accordingly and to declare an effective date. The moon was seconded. With a roll��Pall vote the motion carried. Resolution 485-Assessment. of Kamen Stone San- The purpose of this resolution s to.sch uhe a.,publi s: basinTR January 4 for the purpose of receriv-ing objeet ons to the proposal of assessingcosts associated with the dema`tion of a structure located at 1026 4th Avenue East. Moses moved Resolution 4085, a resolution setting.a hearing on the costs of demolition of a house located on Lot.. 4, Block 136, Kalispell Original, Flathead Cotinty, Montana (1026 4th Avenue East); and authorizing notice thereof. The motion was seconded. The motion carried with a roll call vote. BUSINESS FROM MAYOR & COUNCIL Planning Board Appointments Rauthe will postpone the 2 Planning Board appointments until January 4, 1993. Snowplowing Nystul called attention to the manager the large piles of snow at several intersections that enter Hwy 93, including the area of the Triangle Building north where the Highway Department is plowing 2- 3-4 lanes to the streets to the side, creating large burms that may be hazardous to residents trying to get onto the highway. Rauthe complimented staff on the good job of snow removal. BUSINESS FROM MANAGER Brigham Bed & Breakfast -Conditional Use Permit The Planning Board :,et December 9, 1992 and heard , request from Heather Brigham for a conditional use permit to allow a' Bed and Breakfast in an existing single family residence at 205 5th Avenue East. Council previously approved this request, but due to a flawed notification of land owners the permit is invalid. The Bed & Breakfast now involves a four -room inn as opposed to the 5 room previously approved. The Planning Board denied the request on a 3- 2 vote with 2 members abstaining. 524 After reviewing the information provided by FRDO concerning the request, staff is recommending approval of the CUP based upon FRDO's findings of fact and the 15 conditions outlined in the FRDO recommendation. Condition 14 parking was reviewed and the Site Review Committee made a recommendation on the parking layout. Williams and staff recommended that Council grant,the CUP with the 15 conditions. There was discussion and Tom Jentz answered questions. Granmo and Atkinson spoke in favor of granting the conditional use permit. Atkinson moved to grant the conditional use permit with the 15 conditions. The motion was seconded. After more discussion Rauthe moved that a condition be added requiring the lighting to be shielded from the south and east neighbors. The motion was seconded. Moses and Atkinson spoke in favor of the amendment. With a vote the amendment was defeated with Rauthe, Moses and Atkinson voting.in favor. There was more discussion concerning the drainage -from the proposed parking area Nystul'moved.to amend condition #14,by inserting.at the end of ;the existing sentence the provision "and further requiring that runoff from the parking lot be mitigated by the applicant The motion was seconded. The motion carried with a vote The amended motion carried with Collins voting against.. Adams Addition -Final Plat The preliminary plat of this subdivision was approved by Council September 8, 1992. The preliminary plat proposed the creation of three commercial lots at the Southwest corner of Three Mile Drive and North Meridian Road. The property, is currently occupied by a dental office. FRDO staff indicates that the applicant's intent at this time is to create 2 lots and at a later date create the third. The preliminary plat contained 5 conditions, the status of which are outlined in the FRDO staff report. FRDO has recommended that the Final Plat of Lot 1, Block 1 of the Adams Addition be approved as submitted and Williams concurred with this recommendation. Granmo moved to approve the final plat of the Adams Addition. The motion was seconded. The motion carried with a vote. City of Kalispell vs Flathead County Appeal City Attorney Neier briefed Council on the Judge's ruling concerning the yiderius Case dated November 6, 1992. Neier also indicated than s-ne City has until January 5, ij93 to appeal the decision to the State Supreme Court. Moses moved to authorize and direct the City Attorney to appeal the City of Kalispell v. Board of County Commissioners (Siderius Case) to the Montana Supreme Court. The motion was seconded. Granmo and Atkinson abstained from the vote. With a vote the motion carried with Collins voting against. 525 Water Rate Increase -Set Public Hearing Williams requested Council authority to proceed with noticing customers of the pending water rate increase and to schedule a public hearing for February 1, 1993. Kennedy moved to authorize the city manager to proceed with noticing customers of the pending water rate increase and to schedule a public hearing for February 1, 1993. seconded. The motion was The motion carried with a vote. Woodland Park Restrooms Contract Williams requested authority to enter into an agreement for architectural services with Oystein Boveng in the amount of $1,500 for design services of the Woodland Park restroom restoration project. Proposals were received and Mr. Boveng's proposal was the least expensive and met the requirements of the RFP. Williams recommended that Council authorize him to enter into this agreement. Collins moved to authorize the city manager to enter into an agreement for architectural services with Oystein Boveng in the amount of $1,500 for design services of the Woodland Park restroom restoration project. The motion was seconded. With a vote thi tion carried. Police Department Promotion Williams requested confirmation of the promotion of Greg Burns to Sergeant. He supervises the new Field Training Program. Nystul moved to confirm Greg Burns as Sergeant for the Kalispell Police Department. The motion was seconded. The motion carried with a vote. STAFF REPORTS Next Work Session 12/28/92 7:00 p.m. Next Regular Meeting 1/4/93 7:00 p.m. Rauthe and Williams wished everyone Happy Holidays. The City holiday party is scheduled for 1/30/93. Collins complimented the City of Whitefish on it's new Stumptown Historical Museum and Station. ADJOURN The meeting was adjourned at 8:53 p.m. It�lr; B. . v VT Rauthe, Mayor ATTEST: Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 1/4/93