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11/01/93 City Council Minutes610 610 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 1, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMEMBERS ATKINSON, GRANMO, MOSES, LARSON, KENNEDY, NYSTUL, COLLINS AND CITY MANAGER WILLIAMS WERE PRESENT. BUCK WAS ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of r Allegiance. CONSENT AGENDA Approve Minutes -October 18, 1993 Approve Claims per Payables Register Kennedy moved to approve the consent agenda. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL No one addressed the Council. ORDINANCES & RESOLUTIONS Resolution 4135-Kelley Annexation Ron Kelley has requested that the City annex a parcel of property on the west side of 7th Avenue West and on the east side of Western Drive approximately 300 feet north of Sunnyside Drive. The address is 1475 Western Drive. He has requested a R-4 (Two Family Residential) zoning classification. The property is presently zoned Residential R-5 (Two Family Residential). The annexation and zoning has been reviewed and recommended for approval by the FRDO and the City -County Planning Board. Williams and Staff recommended that the Council annex and zone the property in accordance with the recommendations. Larson moved Resolution 4135, 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 Lot 5, Western Acres, Flathead County, Montana, to be known as Western Pines Addition No. 254; to zone said property two family residential, R-4, to amend the City zoning Map accordingly and to declare an effective date. The motion was seconded. Williams noted the correct spelling is Kelley. The documents need to be corrected. The motion carried upon a roll call vote. Resolution 4136-Kelley/Western Acres -Preliminary Plat This resolution conditionally approves the preliminary plat for the re -subdivision of Lot 5 of Western Acres. The six conditions of approval now include a requirement that the "Developer waive his right to protest future SID's for paving Western Drive", previously Staff and the Planning Board had recommended paving of Western Drive as a condition of approval. It was found difficult to require the developer to pave a street which is privately owned. Williams and Staff recommended Council adopt the resolution approving conditionally the preliminary plat for Lot 5 Western Acres. Moses moved Resolution 4136, a resolution conditionally approving the preliminary plat of the re -subdivision of Lot 5 of Western Acres, part of the SE 1/4, of the SW 1/4 of Section 18, Township 28 North, Range 21 West, P.M.M., Kalispell, Flathead County, Montana. The motion was seconded. Kennedy spoke in favor of the resolution and was concerned about the paving of Western Drive and hoped in the near future the Health Department works toward some dust abatement of that road in light of the air quality. 0611 1-i 1 611 With a roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL Proclamations Mayor Rauthe proclaimed November 3-5 as Jail Bail Days, sponsored by the American Cancer Society and November 14-20 as American Education Week. Advisory Committee -Somers to Whitefish EIS Kennedy gave an update on the work of the Advisory Committee for the Somers to Whitefish EIS. Community Network for Youth Moses reminded everyone of the Community Network for Youth Meeting on 11/4. The informational meetings will be 8:30-10:00 a.m. at the Outlaw Inn or at 4-5 p.m. at Flathead High School Auditorium. The additional meeting will be at 7 p.m. at the gymnasium at Flathead High School. BUSINESS FROM MANAGER Greenbriar Preliminary Plat -Extension Request A request from David Greer, representing Greenbriar Enterprises, has been received to grant a one year extension to the preliminary plat approval of the Greenbriar Subdivision. This action would extend the effective date of Resolution 4087 to January 4, 1995. City Attorney Neier felt this was an appropriate request. Williams and Staff recommended approval of this request. Collins moved to grant a one year of the Greenbriar Subdivision to seconded. Upon vote the motion carried. extension to the preliminary plat January 4, 1995. The motion was Mutual Aid Agreement At the last work session Council discussed the details of the Mutual Aid Public Works agreement with the City of Helena. In the event of a disaster or emergency, the agreement would allow Helena and Kalispell to mutually assist each other by providing personnel and equipment on a reimbursable basis. The agreement would remain in effect unless terminated in writing by either party. Williams recommended Council authorize him to enter into thii agreement on behalf of the city. He plans to share a copy of the agreement with the County Commissioners, Columbia Falls and Whitefish. Atkinson moved to authorize the city manager to enter into a Mutual Aid agreement with Helena. The motion was seconded. The motion carried with a vote. Evergreen Annexation Request Williams received a letter from attorney Bill Astle, representing the Evergreen Coalition, an organization consisting of property owners along U.S. Highway 2 and Highway 35, concerned citizens residing in Evergreen, and the Evergreen Rural Volunteer Fire District. On behalf of the Evergreen Coalition, he requested a 60 day period of time to and including January 1, 1994, during which time period the Council will refrain from adopting a resolution of intent to annex any Evergreen property, so to provide his client the opportunity to present its position to the City Council. Collins moved to grant the request to Bill Astle. The motion was seconded. Kennedy spoke in favor of the motion. There was lengthy discussion. The motion carried with Moses, Atkinson and Rauthe voting against. 06 612 STAFF REPORTS Rauthe reminded everyone to vote tomorrow. Next Work Session 11/8/93 7:00 p.m. Next Regular Meeting 11/15/93 7:00 p.m. Atkinson will not be at the 11/8 work session. ADJOURN The meeting was adjourned at 7:50 p.m. DouglAI D. Rauthe, Mayor ATTEST: Amy K. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 11/15/93