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01/02/96 City Council Minutes() 812 6 826 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JANUARY 2, 1996, 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. 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. There was discussion. Upon vote the motion carried. Barbara Moses Presentation Rauthe presented Barbara Moses with a plaque from the City Council in appreciation for her six years. She was applauded. Moses thanked the Council and thanked the citizens of Kalispell for supporting her in 3 elections and expressed her opinion on several City issues. Oaths of Office Judge Heidi Ulbricht administered the Oath of Office to the newly elected and re-elected Councilors. They were applauded. Gary Nystul Ward I Norbert Donahue Ward II Lauren Granmo Ward III Duane Larson Ward IV Rauthe congratulated everyone. ADDRESSING THE COUNCIL Delores Swanberg, Historical Society Chairperson, gave an update on Central School. PUBLIC HEARING Teton Terrace -Preliminary Plat The purpose of the public hearing was to receive public comment concerning the preliminary plat request for the Teton Terrace subdivision. Housing Director Susan Moyer presented maps of the project. Proponents None Opponents None Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS Ordinance 1234-Wallace Zone Change-2nd Reading A request from Mr. and Mrs. Chris Wallace for a zone change of their property from R-1 to R-4 was the subject of a public hearing at the Planning Board November 14, 1995. 08` 7 827 The 1-lot property is located on the south side of Sunnyside Drive where 6th Avenue West ends. There was no opposition to the request during the hearing. The Planning Board voted to approve the zone change request and passed first reading at the last Council meeting. Larson moved Ordinance 1234, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning property known as Lot 1, Insteness Subdivision in the NE 1/4 of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned R-1), Suburban Residential), R-4, Two Family Residential, 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 1235-Street Name Change-2nd Reading Roger Gussner of 1508 Greenvale Drive has petitioned the City to change the name of his street. 'Mr. Gussner has indicated the change is necessary because his mail is often misdirected to Greenvale Court then returned, service -delivery people have a difficult time locating his residence and his is the only residence on the street and it is fully developed. Mr. Gussner has suggested the name be changed to Rogers Drive. Public Works Staff has reviewed the request and determined it to be consistent with the street naming guidelines and recommended approval of the second reading. Collins moved Ordinance 1235, an ordinance to change the name of "C" Street and Greenvale Drive to Rogers Drive and declaring an effective date. The motion was seconded. With a roll call vote the motion carried. Resolution 4249-Teton Terrace -Preliminary Plat This resolution establishes the conditions of the preliminary plat for the Teton Terrace subdivision. The preliminary plat contains 16 conditions none of which are unreasonable or out of line. Williams and Staff recommended that Council adopt the resolution approving the preliminary plat for Teton Terrace. Atkinson moved Resolution 4249, a resolution approving the preliminary plat of the amendment of Porta Villa #3, Lot 6, Flathead County, Montana. The motion was seconded. Larson moved to amend the resolution by striking in Section 1, Condition 8 and in Condition 9 changing the amount of the cash -in - lieu fee to $12,166 and striking the $5,000 fee. The motion was seconded. There was discussion. The amendment carried with a vote. There was more discussion. Williams and Housing Director Susan Moyer, Public Works Director Bob Babb and Community Development Director Larry Gallagher answered questions regarding the right-of-way width and other items concerning the project. Larson and Kennedy spoke in favor of the preliminary plat. There was more discussion. Larson called for the question. With a roll call vote the motion failed with Atkinson, Kennedy, Larson and Rauthe voting in favor. 0808 828 Collins moved to re -open the resolution. The motion was seconded. The motion carried with Donahue voting against. Atkinson moved to amend the resolution, Section I Item 7 to change from "the developer shall provide a minimum 50 ft. right-of-way" to read "the developer shall provide a minimum 60 ft. right-of-way" and to strike Section I, Item 8 and to change Section I, Item 9 which reads "cash -in -lieu fee of $5,000" to read "cash -in -lieu fee of $12,166" and leave Iris Court at 50 ft. right-of-way and 60 ft. right-of-way for Teton Terrace. The motion was seconded. There was more discussion. Larson spoke in favor of the motion. Upon vote the motion carried. There was more discussion. With a roll call vote the motion carried unanimously. BUSINESS FROM MAYOR & COUNCIL Elect Council President Section 2-4, Ordinance No. 1166 (Administrative Code) requires that the Council elect by secret ballot a Council President from its membership, at the first meeting of each even -numbered year. In the Mayor's absence the Council President presides over the Council meetings and may perform some of the functions of the 'Mayor should the Mayor be unable to act. Secret ballots were collected and Gary Nystul was elected Council President. Rauthe congratulated Nystul and thanked Larson for serving for the past two years. Flathead County Solid Waste District Nystul reported the Solid Waste District called a hearing for January 24, 1996 regarding privatization. KCFW Coverage Nystul noted and complimented the added coverage the City is receiving from KCFW Television. He felt it was good the citizens of Kalispell can see on the nightly news what is going on at City Hall. Pieter Drent-Passed Away Nystul also noted the recent passing of Pieter Drent. He was. Parks Director from September, 1973 through September, 1987. He left the City with many trees, shrubs, greenery and flowers too. Norbert Donahue Newly elected Norbert Donahue gave an overview of his intentions and goals as councilperson. ,Study Commission Report Atkinson gave an update on the work the Study Commission is doing. BUSINESS FROM MANAGER Teton Terrace Conditional Use Permit The City of Kalispell is requesting a conditional use permit to allow for the cluster development for the affordable home ownership project. Teton Terrace, a 26 lot townhouse subdivision will utilize a two -unit and three -unit construction design intended for single family ownership. The conditional use permit is subject to the 16 conditions of the preliminary plat. This request was the subject of a public hearing at the Planning Board November 14, 1995 meeting. 0821). 1 1 829 No one spoke in opposition to the CUP and the Planning Board recommended approval of the CUP subject to the 16 preliminary plat conditions. Williams and Staff concurred and requested Council's favorable support of the CUP. Nystul moved to approve and authorize the mayor to sign the conditional use permit for Porta Villa #3, Lot 6, Flathead County, Montana. The motion was seconded. With a vote the motion carried. STAFF REPORTS Next Work Session January 8, Next Regular Meeting January Chamber of Commerce Luncheon January 16, 1996 noon -Outlaw 1996 7:00 p.m. 16, 1996 7:00 p.m. "Which Way Kalispell" Update Inn ADJOURN The meeting was adjourned at 9:03 p.m. ATTEST: '0 ai C/Y) C Debbie Gif CMC Clerk of it Approved 1/16/96 Dougl D. Rauthe, Mayor