01/04/93 City Council Minutes0 5 1�
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A REGULAR MEETING OF THE K,ALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY , JANUARY 4, 1993, 1N THE COUNCIL CHAMBERS AT CITY HALL.
MAYOR RAUTHE PRESIDED. COUNCII,1VAN 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 21, 1992
Approve Claims per Payables Register
Moses moved to approve the consent agenda. The motion was
seconded.
Nystul requested his comments under Business from the Mayor and
Council concerning snowplowing be clarified.
With a vote the motion carried.
ADDRESSING THE COUNCIL
No one addressed the council.
PUBLIC HEARING
Assessment of Karen Stone Demolition
The purpose of this hearing is to receive .objections from
interested parties concerning the City's proposal to assess the
cost of demolition of a structure located at 1026 4th Avenue East.
Cost to be assessed against the property is $10,750..
Proponents
None
Opponents
None
Greenbriar Subdivision -Annexation, Zoning and Preliminary Plat
The purpose of the hearing is to receive public comment concerning
the request of Greenbriar Enterprises for 1) annexation of, and
assignment of zoning to, an 18-acre parcel of property adjacent to
Two Mile Drive and 2) preliminary plat approval of a 54 lot
subdivision. The Kalispell Planning Board held a public hearing on
the request December 9, 1992.
Proponents
David Greer, representing Greenbriar Enterprises, spoke in favor of
the proposed annexation, zoning and preliminary plat of the
Greenbriar Subdivision.
Michael Griffin, 490 Two Mile Drive, spoke in favor of R-3 zoning.
Colin Andrews, 44 Two Mile Drive spoke in favor of single family
residences.
Bob Cole, spoke in favor of R-1 zoning
Opponents
Re- Boller, 25 West View Drive, spoke against multi -family zoning»
Jean Linrud, 682 Two Mile Drive, spoke against development because
of traffic and run-off to Spring Creek.
Lorie Angus, 577 Two Mile Drive, not opposed to development, but
the multi -family zoning.
Juniper Bend Annexation and Zone Designation
The Mitchell/Swoish (Juniper Bend) partnership petitioned the City
of Kalispell for annexation of property it owns into the city
limits of Kalispell.
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The subject property is a strip of land 30 feet in width, generally
located on the east side of Grandview Drive and west of the
Stillwater River. This property is'`adjacent to a much larger piece
of property which was recently annexed and with which the subject
property will be consolidated for development. The purpose of the
hearing is to hear public comment concerning the annexation and
zone designation of R-3.
Proponents
None
Opponents
None
ORDINANCES & RESOLUTIONS
Ordinance 1180-Flathead Industries Zone Change-2nd Reading
Atkinson moved Ordinance 1180, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell's 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.
With a roll call vote the motion carried with Kennedy voting
against.
Ordinance 1181-Tidvman's Zone Change-2nd Reading
Atkinson 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.M.M., 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.
The motion carried upon roll call vote.
Ordinance 1182-Fincher Zone Change-2nd Reading
Atkinson moved Ordinance 1182, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell's 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.
Upon roll call vote the motion carried.
Resolution 4086-Greenbriar Subdivision -Annexation and Zoning
Moses moved Resolution 4086, 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 6G in
the NE 1/4 of the SW 1/4 of Section 12, Township 28 North, Range 22
West, M.P.M., Flathead County, Montana, to be known as Greenbriar
Addition #250; to zone said property Low Density Residential
Apartment, RA-1, to amend th- City zoning map accordingly and to
declare an effective date. LAA%-- motion was seconded.
There was discussion with Tom Jentz, FRDO Planner and City Attorney
Neier answering questions.
Atkinson moved to amend the resolution to change the zone to an
R-3. The motion was seconded.
Kennedy spoke against the amendment and spoke in favor of R-4.
There was more discussion.
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City Manager Williams requested the provisions of the Master Plan
be honored and to do zoning in conformance with the Master Plan.
He agreed with FRDO and recommended to zone the property RA-1,
consistent with the Master Plan.
Nystul spoke against the R-3 and in favor of R-4.
With a vote the motion failed with Atkinson and Collins voting in
favor.
Kennedy moved to amend the resolution as proposed from RA-1 to R-4.
The motion was seconded.
Atkinson spoke against the amendment.
Upon vote the amendment carried with Atkinson and Moses voting
against.
The motion carried with a roll call vote.
Resolution 4087-Greenbriar Subdivision -Preliminary Plat ADproval
Kennedy moved Resolution 4087, a resolution conditionally approving
the preliminary plat of the subdivision of Tract Number 6G in
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, with changes on Page 4, Section I, Subsection 3,
11R-4" zone district and on page 5, No. 7, thq word "private"
removed, as recommended by City Attorney Neier. The motion was
seconded.
There was discussion.
Upon roll call vote the motion carried.
Resolution 4088-Juniper Bend Annexation and Zone Designation
Collins moved Resolution 4088, 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 as described as Tract
5CA, Section 7, T28N, R21W, P.M.M., Flathead County, Montana, to be
known as Juniper Bend Addition No. 248; to zone said property R-3,
Urban Single Family Residential, to amend the City Zoning Map
accordingly and to declare an effective date. The motion was
seconded.
The motion carried with a roll call vote.
Resolution 4089-Assessing Cost for Karen Stone Demolition
Moses moved Resolution 4089, a resolution assessing the costs of
demolition of a house located on Lot 4, Block 136, Kalispell
Original, Flathead County, Montana (1026 4th Avenue East). The
motion was seconded.
Upon roll call vote the motion carried.
BUSINESS FROM MAYOR & COUNCIL
Shade Tree Committee Appointment
Rauthe recommended Patrick Kelly Berry to be appointed to the Shade
Tree Committee.
moved to aioa:,_, a atr.ick Kelm -Le. _ :,.. Trey
Committee. The motion was seconded.
With a vote the motion carried.
Planning Board Appointments
Rauthe recommended the appointments of Michael D. Conner and Walter
Bahr to the Planning Board.
Atkinson moved to appoint Michael D. Conner to the Planning Board.
The motion was seconded.
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The motion carried upon vote.
Atkinson moved to appoint Walter Bahr to the Planning Board.
motion was seconded.
With a vote the motion carried.
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Rauthe thanked all the applicants that were not selected.
BUSINESS FROM MANAGER
Bid Award -Carpet
Two bids were received and opened on this date for the city hall
carpet project.
Smith's Carpet Center $18,147.17
Kelly Main Furniture $16,065.00
Williams recommended the bid be awarded to Kelly Main Furniture in
the amount of $16,065.00. He reminded that the budget was $15,000
and at budget time he indicated there were unappropriated project
funds in the TIF budget which the $1,065.00 could come from.
Moses moved to award the carpet bid to Kelly Main Furniture in the
amount of $16,065.00 with the amount of $1,065.00 above the
budgeted amount, coming from the TIF unallocated fund. The motion
was seconded. .
With a vote the motion carried.
Mid -Year Budget
The purpose of this review is to adopt the City's operating budget
at midpoint so that expenses and revenues more accurately represent
the first two quarters budget history. The only increases in
expenses above those approved in the original 1993 budget related
to the G.O. Bond refunding done a couple months ago and one
additional employee in the Sewage Treatment Plant who was employed
as a general maintenance truck driver to haul sludges and do
general maintenance in and around the new plant.
Williams commended the Department Managers for the excellent job
done on making sure the expenditures do not exceed the total
appropriations from year to year and administering their budgets.
He also commended Council on being wise leaders.
Williams recommended adoption of the mid year budget.
Rauthe thanked Williams for playing a large role in the last 2
years budget document.
Kennedy moved to approve the mid year budget. The motion was
seconded.
The motion carried upon vote.
Police Officer Appointment
Williams requested confirmation of Jeffrey Newton as police
officer.
Collins moved to appoint Jeffrey Newton as police officer for the
Kalispell Police Department effective January 5, 1993. The motion
was seconded.
Newton thanked the mayor and council and looks forward to serving
the City of Kalispell.
The motion carried unanimously with a vote.
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Public Works Em,loyees
Williams commended all the Publics Works employees for working the
many long hours recently regarding the snow removal work and being
so dedicated.
STAFF REPORTS
Next Work Session 1/11/93
Next Regular Meeting 1/19/93
Goal Setting Work Shop 1/30/93 & 2/6/93
Water Rate Public Hearing 2/l/93 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:52 p.m.
ATTEST:
Amy H Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved 1/19/93