10/16/95 City Council Minutes0R8
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, OCTOBER 16, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS 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.
AGENDA APPROVAL
Moses moved to approve the agenda. The motion was seconded.
The motion carried upon vote.
Approve Minutes -October 2. 1995
Collins moved to approve the minutes. The motion was seconded.
The motion carried with a vote.
Approve Claims per Payables Register
Moses moved to approve the claims. The motion was seconded.
Upon vote the motion carried.
ADDRESSING THE COUNCIL
Proposed Mohrenweiser Zone Change
The following spoke against the proposed Mohrenweiser Zone Change
Request:
Geri Robins, P.O. Box 2225
Vern Wyman, 507 W. Arizona Street
Linda Thornton, Arizona Street
ORDINANCES & RESOLUTIONS
Ordinance 1229-Dye Zone Change-R-3 to R-5-2nd Reading
Benchmark Homes and William and Barbara Dye requested a zone change
for property they own located at the northwest corner of Liberty
Street and Meridian Road. The property is about 1 acre in size and
is accessed from both Liberty Street and Meridian Road. The
request is to change the zone from R-3 to R-5. The request was the
subject of a public hearing at the Planning Board's September 12th
meeting. The Planning Board unanimously recommended approval of
the zone change request and Staff concurred with the
recommendation.
Kennedy moved Ordinance 1229, an ordinance to amend Section
27.01.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175) by zoning properties located on the northwest
corner of Liberty Street and Meridian Road (Previously zoned R-3,
Residential), R-5, (Residential/Professional Office), in accordance
with the City -County Master Plan, and to provide an effective date.
The motion was seconded.
With a roll call vote the motion carried.
Ordinance 1230-Zoning Text Amendment-Parking-2nd Reading
Ordinance 1230 would reduce the parking requirement for grocery and
supermarkets from 1 space per every 100 square feet of floor area
of customer sales and service, plus one space per 200 square feet
of gross floor area of storage and office to 1 space per 250 square
feet of gross floor area. Staff proposed the change because the
present standard is two to three times the national average for
this type of business. Industry standards typically call for four
to five spaces per one thousand square feet of gross floor area.
After discussing the matter at the last Council meeting, Council
amended the ordinance to read "Grocery and supermarkets: 1 space
per 200 square feet of gross floor area". This request was the
subject of a public hearing at the September 12th Planning Board
meeting and forwarded to Council with a favorable recommendation.
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Collins moved Ordinance 1230, an ordinance amending Section
27.26.050 (22), City of Kalispell Zoning Ordinance No. 1175. The
motion was seconded.
The motion carried upon roll call vote.
Ordinance 1231-Zoning Text Amendment -Cluster Development-2nd
Reading
This amendment would reduce the minimum acreage required for a
cluster development from 2 acres to 21,000 square feet. It is
Staff opinion that requiring 2 acres is an excessive requirement in
an urban environment such as in Kalispell. This request was the
subject of a public hearing at the September 12th Planning Board
meeting. The Board recommended the approval of the zone change and
Staff concurred.
Moses moved Ordinance 1231 amending Section 27.35.030 (1), City of
Kalispell Zoning Ordinance No. 1175. The motion was seconded.
The motion carried upon roll call vote.
ordinance 1232-Hagerman-Zone Change Request-RA-1 to RA-3-2nd
Reading
William Hagerman, and several other property owners including the
City of Kalispell have requested a zone change for properties
located south of 18th Street on the west side of Airport Road. The
properties are approximately 4.8 acres. The zone would change from
RA-1 to RA-3. This request was the subject of a public hearing at
the September 12th Planning Board meeting. The Board recommended
the approval of the zone change and Staff concurred.
Atkinson moved Ordinance 1232, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalspell Zoning Ordinance,
(Ordinance No. 1175), by zoning properties located south of 18th
Street West on the west side of Airport Road (previously zoned RA-
1, Low Density Apartment), RA-3, Residential Apartment/Office, 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 1233-Mohrenweiser Zone Change -1st Reading
Richard Mohrenweiser has petitioned the City to amend the City
zoning map. The property is located north of Underhill subdivision
approximately 800 feet east of Meridian Road on the west side of
Highway 93. The request is to change the zone from R-3 to RA-1.
The Planning Board held a public hearing on the request July 11,
1995. The hearing included testimony from several residents of the
Underhill Court and Arizona Street neighborhood who objected to the
zone change request. The Board then proceeded to discuss the pros
and cons of the request and after considerable debate decided to
continue the discussion at a future Planning Board meeting. The
Planning Board continued the discussion of the zone change request
at its August 8, 1995 Board meeting. After a lengthy discussion,
the Planning Board decided unanimously to recommend denial of the
zone change request based upon a revised set of Findings of Facts.
The revised Findings were necessary because the Staff s
recommendation was to approve the zone change request which
included a different set of findings. Friday morning October 13,
1995 Mr. Mohrenweiser presented City Manager Williams with a
letter indicating that he would like to modify his request for
zoning of this parcel from RA-1 to R-4 zone. It appears that Mr.
Mohrenweiser now would like to pursue a cluster development for the
parcel. If it remains R-3 the maximum number of units allowed
under the cluster development would be 11, if the zone is changed
to R-4 the number of units would increase to 13.
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Nystul moved Ordinance 1233, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No.1175), by zoning properties located north of the
Underhill Subdivision approximately 800 feet east of Meridian Road
and on the west side of U.S. Highway 93 (previously zoned R-3,
Urban Single Family), RA-1, Low Density Residential Apartment, in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded.
Nystul, Kennedy, Collins and Granmo spoke against the ordinance.
The motion failed unanimously upon roll call vote.
Nystul moved to enter the Findings of Fact into the record. The
motion was seconded.
The motion carried with a vote.
The following are the Findings of Fact:
_NEGATIVE- -FINDINGS ADOPTED BY THE KALISPELL CITY/COUNTY PLANNING
BOARD AUGUST 8, 1995-MOHRENWEISER ZONE CHANGE
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The subject property is within the jurisdiction of the Kalispell
City -County Master Plan, more specifically the North Meridian
Neighborhood Plan, adopted in 1994. According to the Neighborhood
Plan, the property is designated for "High Density Residential".
This request is considered in general conformance with the Master
Plan. However, the property is better suited as a transition area
between the single family residential and anticipated high density
residential, because of problems associated with the existing high
density residential development that is occurring in the area.
ITS
Development within the RA-1 zone is subject to certain standards
including maximum building height and the provision of off-street
parking. Further, any development of the property is subject to
review by the City s Site Plan Review Committee, and requires the
issuance of City Building, Plumbing, and Mechanical permits.
One limitation to developing this property would be the topographic
constraints. The cross slope of the property is approximately 18%.
Another limitation is the access, only a single point of access is
available to service the property. This is Underhill Court where
it extends to the north. The area (Underhill) is in essence one
cul-de-sac.
Because of the designated access, this zone change would not secure
safety from fire, panic and other dangers.
The general purpose of the City s zoning ordinance is to promote
the general health and welfare and does so by implementing the City
Master Plan. The density of this zone would intrude on the health
or general welfare of this particular neighborhood. The
surrounding uses are not compatible with the proposed zoning
classification.
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Overcrowding of land can occur when development out -paces or
exceeds the environmental or service limitations of the property.
Adequate infrastructure is not in place in the area to accommodate
the landuses allowed in the requested zone. Access is through a
single family neighborhood. A parcel of 1.8 acres could
potentially be developed with 26 units.
WILL THE REQUESTED ZONE AVOID UNDUE CONCENTRATION OF PEOPLE?
Concentration of people is a function of landuse. Development will
certainly occur on this site if the zone change is approved. The
uses and density associated with the RA-1 zoning designation
anticipate a certain concentration of people and would create a
undue hardship on the neighborhood with -the addition of 26 units on
1.8 acres.
Based on the potential 26 unit development, this would result in
over 182 vehicular trips per day on what is essentially a very long
cul-de-sac. The Underhill Court north access was expected to serve
as a street to this property and also was expected to serve as
access north of the subject property. The new Neighborhood Plan
for this area amended this concept to limit access only to the
immediate north, the subject property. The development constraints
of the RA-1 zone are designed to lesson congestion in the streets
for any development by requiring a conditional use permit for
development over a duplex, which may require two access points.
There is no potential for two access points, and the Master Plan
specifically indicated that there would be no through access. When
the Neighborhood Plan was adopted, access from this street out to
Meridian Road was specifically excluded. Additional demands for
transportation, water, and sewer collection as a result of
development of the property would be evaluated pursuant to
individual development proposals. Adequate services exist in the
area. The residential nature of this zone would impact schools and
parks. A significant impact if expected.
CHARACTERQF THIS DISTRICT?
The requested zoning, while potentially would provide for
affordable housing in Kalispell, is not necessarily compatible with
the property immediately to the south, and the density proposed
offers no buffering from single family residential to anything
north of the Underhill Addition.
WOULD THE PROPOSED ZONING CONSERVE THE VALUE OF THE BUILDINGS?
The property is currently vacant and would be developed into
residential uses. A change to the RA-1 zone would significantly
impact, erode, or devalue the neighborhood beyond the type of uses
that are currently allowed or that exist to the south, those being
single family residential.
BUSINESS FROM MAYOR & COUNCIL
MMIA Safety Award
Nystul reported that at the State League meeting, Kalispell was
awarded 3rd place for the MMIA Safety Award and received a check
for $250.
Meridian Road
Collins complimented Public Works for the good job that was done on
Meridian Road recently.
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BUSINESS FROM MANAGER
Bid Award -Ambulance
Three bids were opened for a new ambulance on Thursday, October
12th. The following is a summary of the three bids FOB Kalispell:
1. Wheeled Coach $58,946.53
2. Specialty Vehicles $59,445.00
3. Fire-Med $67,125.00
All bids were reviewed and it was determined that all 3 meet or
exceed the specifications. Williams and Staff recommended that
Council award the bid to Wheeled Coach in the amount of $58,946.53
FOB Kalispell.
Larson moved to award the bid for the ambulance to Wheeled Coach in
the amount of $58,946.53. The motion was seconded.
The motion carried with a vote.
The budget contains a $65,000 appropriation for this purchase.
Williams. reported that the City did plan on borrowing $30,000 from
the State of Montana to assist with the purchase due to not wanting
to use all the reserves. Finance Director Robertson indicates that
the State will loan the necessary money at a rate a little above
6%. Williams and Robertson feel that because the interest rate is
so high that the City should be paying itself this rate of return
and consequently propose loaning the ambulance money from the Sewer
Fund for a term of 3 years at a rate of 6%. A resolution
authorizing the borrowing would be necessary.
There was discussion.
Resolution 4240-Authorize Ambulance Purchase
Atkinson moved Resolution 4240, a resolution authorizing the
Finance Director to advance funds from the Sewer Replacement and
Depreciation account to the Ambulance Fund in the amount of $30,000
for a period of 3 years at 6.4% for the purpose of financing the
purchase of an ambulance. The motion was seconded.
With a vote the motion carried.
Bid Award-SID No. 342 Bond
One bid was received and opened on Monday October 16th, for the
bond sale bid of $209,000 for Corporate Way SID No. 342 from D.A.
Davidson & Company as follows:
Net effective interest rate 6.3401% sold at a 3% discount, proceeds
to net $202,730.
Williams recommended to authorize the sale of the bonds in the
amount of $209,000.
Nystul moved to award the sale of $209,000 of SID No. 342 bonds to
D.A. Davidson and Company at effective interest rate of 6.3401% and
sold at a 3% discount. The motion was seconded.
The motion carried with a vote.
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STAFF REPORTS
Work Session to follow this meeting -Construction Standards
Next Work Session October 23, 1995 7:00 p.m.
Next Regular Meeting November 6, 1995 7:00 p.m.
ADJOURN
The meeting was adjourned at 7:50 p.m.
Douglari D. Rauthe, Mayor
ATTEST:
Debbie Giff MC
Clerk of Council
Approved 11/6/95
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