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
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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.
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1
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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.
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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.
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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