09/23/96 City Council Minutes093`?'.
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, SEPTEMBER 23, 1996, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN
GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY
ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
1. AGENDA APPROVAL
Haarr moved to approve the agenda. The motion was seconded.
The motion carried upon vote.
2. CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting September 9, 1996
B. Approval of Claims per Payables Register-$297,041.39
C. Underground Storage Tank Removal
D. Approval to Proceed With The Design Consultant -Youth
Athletic Complex
E. Authority to Bid Solid Waste Rear Loading Truck
F. Approval of Low Bid for Windward Way Project
Collins moved to approve the consent agenda. The motion was
seconded.
Upon vote the motion carried.
HEAR THE PUBLIC
Glacier Tennis Club Conditional Use Permit
Dennis Winkel, Glacier Tennis Association addressed some concerns
about the conditional use permit.
Brad Roy,- Northwest Healthcare, spoke in favor of the CUP.
Wilson Higgs, Two Medicine partner, spoke in favor.
Jim Thompson, 160 Riverview Drive, spoke in favor.
Les Harrington, 266 Buffalo Hill Drive, spoke against the proposed
tennis facility.
Stan Watkins, 750 Shadow Lane, spoke against the proposed tennis
facility.
Green Acres Annexation
Sally Delby, 1740 Woodland Drive, requested certain rural
properties be left out of consideration for annexation at Green
Acres.
Molly Glendening, 1749 Woodland Drive, concurred with Delby.
Resolution 4294-Intent to Annex Green Acres and South Woodland
FRDO has facilitated this issue within the neighborhood as much as
reasonably possible. The City has reached out to the residents in
a series of public meetings held in the neighborhood, and addressed
the issues that they have raised concerns about.
This process of the neighborhood meetings, individual staff
meetings with citizens, and a joint meeting held on September 17
between the City Manager, City Attorney, Planning, Zoning, and City
Engineering Department representatives has alleviated most of the
concerns and will allow the City to directly address the major
areas of concern with the Green Acres area.
The following items will be researched for the inclusion in the
improvement plan:
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1. Option A as presented at the last workshop is also the desire
of Green Acres (or represented by Water Association and Housing
Association representatives). They do no want separation of any
portion of these associations.
2. Traffic controls - four-way stop at South Woodland and Kelly.
Other traffic enforcement and patrolling concerns.
3. County Park use - Homeowner's Park use.
4. Water system - wells, fire hydrants.
5. Fees - hookup fees - sewer, water
6. Drainage correction - time frame
7. Street, signage, etc. improvements
In terms of a one-sided tax benefit to the City if annexing Green
Acres, this annexation will be of mutual benefit. The Green Acres
Subdivision will receive City fire coverage immediately, police
services immediately, street design and improvements over the long
term, improved water system through looping and placement of
hydrants, immediate relief for septic tank problems, but most of
all the drainage problems and solutions for the entire
neighborhood's future improved quality of life.
Larson moved Resolution 4294, 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 Green Acres Annexation No. 276, to
fix a date of a hearing thereon, and to provide for publication of
notice of said hearing. The motion was seconded.
There was discussion.
Collins moved to amend what is considered to pass would be AA
instead of A. The motion was seconded.
There was discussion.
The amendment carried unanimously.
With a roll call vote the motion carried with Donahue, Granmo,
Haarr, Kennedy, Larson, Nystul, Atkinson, Collins and Rauthe voting
in favor.
Glacier- Tennis Club -Conditional Use Permit
The recommendation from the City/County Planning Board and Zoning
Commission was to allow the Conditional Use Permit subject to 13
conditions of approval. As discussed at the Work Session, it was
generally felt by the Council that the joint use for parking was
acceptable with certain changes in the conditions. The
modification requested by Council members included:
A. Renewal of Condition #9
B. Modification of Condition #10 by removing the "such as brick
veneer".
C. Remove Condition #11 - or modify to allow roof top mechanical
devices to be placed only on the north slope of the roof.
D. Council should also order that the curbing be installed along
the north side of Sunnyview.
These modifications can be incorporated within the use permit.
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Additional considerations that were not discussed at the Work
Session include previous development conditions that have not been
addressed or may be modified due to possible approval of the
present requested improvements.
These were accepted by the owners prior to the first phase of the
Summit area projects. These items are:
3. Off street parking fulfilling the zoning ordinance
requirements. There have been no parking agreements submitted to
the City Attorney for consideration to fulfill previous
requirements. By submitting new requests to reduce the text
requirement for parking and by waiving the current requirements,
the spirit of this condition seems to have been violated.
6. Specifically states that an additional building will require
separate use permits. Therefore, the City should not be tying
together the parking requirements,' when it results in a 90 space
deficit.
7. An additional requirement for parking alteration, one can
certainly see the parking concerns of the Staff, Planning
discussion, and Council in 1994.
10. The developer shall dedicate the east ten feet along Windward
Way. This has not yet been dedicated.
12. Street trees and municipal sidewalks have not been constructed
along the east portion of Sunnyview Lane at this date.
13. Since the tennis complex was not a portion of the original
drainage plans, a new drainage plan must be submitted for approval
prior to any building permitting action.
14. Some of the areas required to be landscaped are not in at this
date.
By granting the Conditional Use Permit with a 90 space deficit, the
City may be creating and or expanding an existing parking/traffic
problem. The potential that a developer can waive City ordinances
by such a large degree implies that:
1. The ordinance is too stringent.
2. The requirements are not needed.
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3. The Staff is too strict in the enforcement/interpretation of
the ordinance.
The Planning and Public Works Staff have all reviewed the area and
the potential problems that are evident with this proposed project.
Krepps concurred with the Planning Staff and Public Works Staff
that the parking requirements are critical and that a deficit of 90
spaces is too much to consider. He recommended against the
approval of the Conditional Use Permit as proposed at this time.
Larson moved to grant the conditional use permit to the applicant
Drew Smith for the Glacier Tennis Club. The motion was seconded.
There was lengthy discussion.
Nystul moved to postpone the final discussion of this issue for 2
weeks. The motion was seconded.
The motion carried with a vote with Larson, Haarr, Granmo, and
Rauthe voting against.
�y Vacating 50' of 13th Avenue West -North of 7th Street WestVacatina 50' of 13th Avenue West -North of 7th Street West
As discussed at the Work Session, this action has been requested by
the property owner. With the completion of the vacation, the
property owner has agreed to pave 20 feet for use as an alley.
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The Public Works Department has researched and discussed this item
with the property owner.
The property owner and Public Works Department have agreed that the
vacation and improvements are acceptable/desirable to both parties.
Nystul moved the Staff be authorized to proceed with the notices of
process of closure and abandonment of 13th Avenue north of 7th
Street West. The motion was seconded.
With a vote the motion carried.
FOR YOUR INFORMATION
Next Work Session September 30, 1996 7:00 p.m.
Next Regular Meeting October 7, 1996 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:35 p.m.
Douglag D. Rauthe, Mayor
ATTEST:
C_.
Debbie Giffo,6dkoc
Clerk of Council
Approved October 7, 1996
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