04/04/95 City Council Minutes0 644 0
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, APRIL 4, 1994, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCILMEMBERS
JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE
LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS, CITY ATTORNEY GLEN
NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -March 21, 1994
Approve Claims per Payables Register
Atkinson moved to approve the consent agenda. The motion was
seconded.
The motion carried with a vote.
ADDRESSING THE COUNCIL
Sign Request
Gary Hoxmer, 528 West Idaho, Western Neon Sign Company, spoke on
behalf of himself and Dr. Alzner concerning the zoning of the area
of Nevada and Sunset Boulevard. It is currently zoned B-1 and will
only allow signs of 24 square feet. He felt it was not zoned
properly for the area. He requested Council consider changing the
zone classification to B-2 or B-3 and/or change the size
limitations for the signs in the present B-1 to the same as B-2.
He submitted pictures of other business signs in the area with
their sizes.
Evergreen Annexation
Bill Astle, attorney representing property owners of the Evergreen
Strip, requested a procedural way of going about the annexation.
He also requested Council defer the action of a resolution of
intent on the basis that it go to the District Court and get a
declaratory judgement.
ORDINANCES & RESOLUTIONS
Ordinance 1205-H-1 Zone -Second Reading
The City of Kalispell has requested the rezoning of approximately
70 acres of property ---n '!y he east side of U.S.
Highway 93 between Heri'vage'Way and Cr saline Avenue. The subject
properties are currently zoned R-3 (Urban Single Family), RA-1 (Low
Density Residential Apartment), RA-3 (Residential Apartment
Office), and B-3 (Community Business). The request is. to change
these zones to H-1 (Health Care). The Planning Board held a public
hearing on this request and is recommending that Council adopt the
H-1 Zone for all parcels except the one B-3 Zone which is being
excluded until a neighborhood plan for the area can be completed.
Williams and Staff concurred with the Planning Board's
recommendation.
Kennedy moved Ordinance 1205, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning the lots included in Exhibit "A"
attached hereto and thereby made a part hereof , (previously zoned
Urban Single Family Residential, R-3; Low Density Residential
Apartment, RAC- ; and rpT ^ ,� -4- ` , 7%7 ., ..�t�pnt. P'f f ; Co RA-3 ) Health
Care, H-1, 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.
Ordinance 1206-Yachechak Zone Change -1st Reading
The City has been requested by Ken Yachechak to consider a zone
change for approximately .8 acres he owns from B-2 (General
Business) to I-1 (Light Industrial).
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The property is located generally 400 feet south of U.S. Highway 2
and east of Meridian. The Kalispell Master Plan designated this
area as Light Industrial and anticipates industrial uses. The
surrounding uses are also compatible with the proposed I-1 zone.
The Kalispell Planning Board held a public hearing on this request
with only the applicant providing testimony. The Planning Board
recommends this zone change request and Staff concurred with the
recommendation.
Collins moved Ordinance 1206, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning a tract of land located in the
southwest 1/4 of Section 7, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, (previously zoned B-2, General
Business), I-1, Light Industrial, in accordance with the
City/County Master Plan, and to provide an effective date. The
motion was seconded.
The motion carried with a roll call vote.
Ordinance 1207-Zoning Ordinance Text Amendment to the B-1 Zone -1st
Reading
The City has been requested by Doug Johns of Mountain Paging
Network to amend the text of the B-1 zone. The B-1 zone does not
currently allow telecommunication companies and/or radio common
carriers with ancillary antennas as permitted or conditional uses.
Mr. Johns is interested in moving his paging business to 13 East
Oregon Street, which is zoned B-1. The issue involves allowing
this type of use with an antenna in the B-1 zone. The applicant
has requested that telecommunication companies and/or radio common
carriers with ancillary antennas be permitted as a conditional use.
The Planning Board considered the applicant's request following a
public hearing where no one spoke in opposition. The Board's
recommendation on a 4-3 vote is to allow telecommunication
companies and/or radio common carriers with ancillary antennas as
a conditional use in the B-1 zone. During Council's work session
of last week the request received considerable discussion which
concluded with a directive to modify the language approved by the
Planning Board to restrict the height and size of antennas allowed
as conditional use in the B-1 zone. Ordinance 1207 includes the
modified language and reads "telecommunication companies and/or
radio common carriers an'.ennais with mono -pole design
and a base not to exceed 12 i;Eches and a total height not to exceed
70 feet".
Larson moved Ordinance 1207, an ordinance amending Section
27.13.030 of the Kalispell Zoning Ordinance, (Ordinance No. 1175),
by expanding the list of conditional uses in a Neighborhood
Business, B-1 Zoning classification to include "telecommunication
companies and/or radio common carriers with ancillary antennas with
mono -pole design and a base not to exceed 12 inches and a total
height not to exceed 70 feet" as a conditional use, and declaring
an effective date. The motion was seconded.
The motion carried upon roll call vote.
Resolution 4147-Intent to Annex Evergreen
The. purpose of this resolution is to establish the City Council's
intent to annex ceri,;:in drop::_ _y A ci„d mUL'e
commonly known as the Evergreen commercial strip. It is the City's
intent to annex the property to the city limits under the
provisions of Title 7, Chapter 2, Part 43 Montana Code Annotated
(annexation of contiguous land). The resolution includes 6
specific sections that outlines the process to be followed if
Council approves the resolution.
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Atkinson moved Resolution 4147, a resolution of intention to annex
territory to the City of Kalispell, comprising that territory
described in Exhibit "A" attached hereto and thereby made a part
hereof, to be designated as the Evergreen Annexation No. 255, to
fix a date of a hearing thereon, and to provide for publication of
notice of said hearing. The motion was seconded.
There was lengthy discussion.
Granmo spoke against the motion.
Collins spoke in favor of the motion.
Nystul spoke in opposition to the motion.
Larson moved to table the motion until such point the City can
receive a declaratory judgement from District Court. The motion
was seconded.
The motion failed upon vote with Nystul, Larson and Granmo voting
in favor.
City Attorney Neier noted the blank spot in the resolution to set
the date for the hearing with the Planning Board. Council agreed
to insert May loth as the hearing date before the Planning Board.
With a roll call vote the original motion carried with Nystul,
Larson and Granmo voting against.
A VERBATIM TRANSCRIPT OF THE DISCUSSION OF RESOLUTION 4147 IS ON
FILE IN THE CLERK'S OFFICE.
Resolution 4148-Amend Master Plan
The City has received a request from Dennis Carver to amend the
Kalispell City/County Master Plan by changing the designation of
approximately 250 acres from Suburban Residential (0-2 dwelling
units per acre) to Urban Residential (2-8 dwelling units per acre).
The general location of the property is southwest of town, east of
the B.N. Railroad right of way, west of Airport Road, and south of
Sunnyside Drive. The Planning Board held a public hearing on the
request and, has forwarded a. favorable recommendation to Council..
Resolution 4146 was t � :J :". meting, which established
Council's intent tu adupR , cake o-, reject the Planning Board's
recommendation. Resolution 4148 adopts the findings and
recommendation of the Planning Board which amends the Master Plan
by changing the land use designation of the property previously
discussed from Suburban Residential to Urban Residential. Williams
and Staff recommended that Council adopt the resolution as
submitted.
Atkinson moved Resolution 4148, a resolution adopting a recommended
amendment to the Kalispell City/County Master Plan. The motion was
seconded.
Granmo abstained from the vote.
The motion carried with a roll call vote.
'nUSTNFSS FROM MAYOP h Can N'C10.I
Home Program Grant
Rauthe informed the Council that he received a verbal approval from
the Home Program in Helena for the $300,000 grant for the Airport
Road Project. The contract is being forwarded to the City.
Williams noted HRDC also received their home grant so the City will
have the total funding package.
Proclamation
Mayor Rauthe proclaimed the week of April 9-17th as Public Radio
Week.
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BUSINESS FROM MANAGER
Mountain Paging -Conditional Use Permit
Doug Johns has applied to the City for a conditional use permit to
construct a mono -pole antenna, ancillary to a telecommunications
office he wishes to open at 13 East Oregon Street. Williams
recommended that Council approve Mr. Johns' request for a
conditional use permit subject to the 4 conditions as follows:
1. The antenna shall not exceed 70 feet in height.
2. Any signs shall comply with the Kalispell Zoning Ordinance.
3. Any construction shall be in conformance with the approved
site plan as to the location of all buildings, parking and
landscaping.
4. Prior to receiving a building permit, this project shall
comply with all related provisions and requirements of this
conditional use permit.
Atkinson moved to approve the conditional use permit for Mountain
Paging. The motion was seconded.
There was discussion.
The motion carried upon vote.
Three Mile Farm -Preliminary Plat Request
The City received a letter from attorney Thomas Bostock requesting
on behalf of his client a two-year extension to the Three Mile Farm
Country Townhomes preliminary plat. Previous requests considered
by this Council have only been for one year. Williams recommended
that Council grant a one year extension for the Three Mile Farm
Preliminary Plat to August 16, 1995.
Atkinson moved to grant a one year extension for the Three Mile
Farm preliminary plat to August 16, 1995. The motion was seconded.
Collins abstained from the vote.
The motion carried with a vote.
Notice Ordering Construction of Curbing
At Council ;'a., work session of last_ :week Council di sc}i ; -�„'
Co install curb ' and gutter along 18th Street from 3rd Ave.i L-::_i:
and 5th Avenue East. Staff has prepared the construction estimate
per each property owner to be assessed. Total cost for curb and
gutter will be approximately $8,729 to be assessed on a lineal foot
benefit basis.
Nystul moved to order the curbing for 18th Street from 3rd Avenue
East to 5th Avenue East. The motion was seconded.
The motion carried with a vote.
Police Promotions
Williams announced
two recent promotions in
the Police Department.
Jim Brown has been
promoted to Lieutenant to
replace Ron Fredenberg
and Gene Holliday
has been promoted to
Detective Sergeant to
replace Jim Brown.
He congratulated them and they were applauded.
STAFF REPORTS
Next Work Session
4/11/94 7:00 p.m.
Next Regular Meeting
4/18/94 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:14Q.
Dougla . Rauthe, Mayor
ATTEST:
OJiJi�i-WRvd
Debbie Gif fyc, Clerk of Council
Approved 4/18/94