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10/16/95 City Council Minutes0R8 808 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. 0809 809 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. 0R10 810 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 �• •N3 a iwpweie�AXYMB 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. 0811_ 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. n 8 1� 812 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. 08 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 1 813