12/16/96 City Council Minutes959
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, DECEMBER 16, 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.
AGENDA APPROVAL
Rauthe recommended agenda item 11 be moved up to follow the consent
agenda.
Nystul moved to approve the agenda with the change. The motion was
seconded.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting December 2, 1996
B. Approval of Claims per Payables Register-$230,517.85
C. Bid Award Lawrence Park Mitigation Project
D. Proclamation -Drunk and Drugged Prevention Month
Collins moved to approve the consent agenda. The motion was
seconded.
Upon vote the motion carried.
Rauthe read the following proclamation:
WHEREAS, obtaining a license to drive is a major milestone for
youth and a necessity for the majority of our citizens. As we
teach youth people the responsibilities that accompany having a
driver's license, we must also teach them about the risks of
driving under the influence of drugs and alcohol.
WHEREAS, we must teach by example. All citizens and institutions
need to acknowledge that a license to drive is not a license to
kill, injure, or destroy. When we drive under the influence of
drugs and alcohol, we are saying that, under certain circumstances,
it's okay to harm our families, friends and neighbors.
WHEREAS, we all need to take a stand against impaired driving,
individually and collectively. Intervening to prevent others from
drinking and driving should be common practice among hosts and
friends. We must use designated drivers and plan alternative
transportation when we know we will be drinking.
Through our schools, places of employment, houses of worship, and
community organizations we must send the message that drinking and
driving is not socially acceptable.
WHEREAS, as the holidays approach, I ask each citizen to make our
community safe by not driving under the influence of drugs and
alcohol. I also ask that on December 20 everyone drive with their
headlights on to support National Lights On for Life Day in memory
of those who have been killed or injured by impaired drivers and as
a reminder of the dangers of impaired driving.
NOW, THEREFORE, I Douglas D. Rauthe, do hereby proclaim December,
1996 as DRUNK AND DRUGGED DRIVING PREVENTION MONTH and December 20,
1996 as LIGHTS ON FOR LIFE DAY. I call on all citizens and
organizations to observe this month by taking responsibility for
preventing impaired driving in our community and teaching our young
people safe driving behavior.
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tter from Mr. Astle dat
City Attorney Neier explained a letter was received from Bill Astle
dated December 11 objecting to the entire procedure of the
Greenacres annexation. For some reason the term "or disapproval"
was left out of the Notice published in the newspaper and mailed to
the property owners. Under Montana law compliance with annexation
laws is strictly construed and there is a better than even chance
that the City would not prevail in Court. Because the annexation
was delayed until July 1, 1996, if Council desires we would be able
to recomplete the process prior to the effective date of the
original resolution of annexation. Aside from some expenses in
publication and mailing we can accomplish the result as originally
intended.
He suggested if the Council desired, Council could make a motion to
reconsider the resolution passed on December 2"d and vote again and
if it was defeated then the annexation would not take place as
originally proposed but the City would be able to start with a new
resolution of intention and proceed in an orderly fashion on that
basis. The City may be able to avoid resubmittal to the Planning
Board if the boundary of the area does not change. If it does
change then the City should go back to the Planning Board and it
would be up to the Council whether they wanted to go to the
Planning Board with the whole thing again for reconsideration.
Nystul moved to bring Resolution 4306 back for reconsideration.
The motion was seconded.
The motion carried unanimously.
Nystul moved the adoption of Resolution 4306. The motion was
seconded.
There was discussion with Nystul, Donahue, Collins and Haarr
speaking against.
The motion failed with a roll call vote with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
against.
New Assistant City Attorney
City Attorney Neier introduced Richard Hickel, as the new
assistance city attorney for the City.
HEARING THE PUBLIC
No one addressed the Council.
Ordinance 1253-Zoning-Greenacres/South Woodland-2nd Reading
There was discussion regarding tabling, postponing and discussing
this issue at a later date.
Collins moved this issue would be delayed until such time as a
resolution of annexation should pass. The motion was seconded.
Donahue and Larson spoke against the delay.
Upon vote the motion failed with Granmo, Donahue, Haarr, Larson and
Nystul voting against and Atkinson, Kennedy, Collins and Rauthe
voting in favor.
Haarr moved Ordinance 1253, an ordinance to amend Section
27.02.010, official zoning map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning property known as South
Woodland/Greenacres, Flathead County, Montana, (previously a
mixture of Residential, Commercial and Industrial uses), as
follows: R-1, Suburban Residential for those properties located
south of Woodland Avenue, east of the current city limits and west
of Willow Glen Drive which includes Egasia Corner Subdivision,
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Willow Haven Subdivision, adjoining tract lands and lots within the
Greenacres original subdivision which from along Willow Glen Drive
with the southern most boundary being lot 8 of Greenacres original
subdivision. R-2, single-family residential, would include those
properties located in the Greenacres northwest subdivision;
Greenacres units one, two and three; Lots within Greenacres
original north of Haven Drive and east of South Woodland Drive and
adjoining tract lands. R-3, single-family residential would
include those properties located in Greenacres unit four; Meadow
Park subdivision; Meadow Park Unit No. 2 and adjoining tract lands.
B-2, a General Business District, would include those properties
along Highway 93 South. Light Industrial zoning for those
properties south of Kelly Road; and P-1, Public for the County park
and the Homeowners park, in accordance with the City -County Master
Plan, and to provide an effective date. The motion was seconded.
The motion failed upon roll call vote with Collins, Donahue,
Granmo, Haarr, Kennedy, Larson and Nystul voting against and
Atkinson and Rauthe voting in favor.
Ordinance 1254-Proposed Zonina Text Amendment to Allnm a gPcnnd
The November 19 report was submitted by FRDO with recommendations
and board action concerning this issue. Review of the staff
evaluations of the possible effects, concerns, or problems with the
proposed change is thorough and complete.
Larson moved Ordinance 1254, an ordinance amending sections
27.07.020, 27.22.020(2), and 27.26.50(52) of the Kalispell Zoning
Ordinance, (Ordinance No. 1175), by adding "accessory single-family
dwellings" as a conditionally permitted use in a residential, R-4,
zoning district; and to reference this addition of accessory
single-family dwellings in the supplementary regulations section on
accessory uses; and establishing a parking requirement of two
. spaces for the accessory single-family dwelling, and to provide an
effective date. The motion was seconded.
Larson and Kennedy spoke in favor.
Donahue moved to amend Item IV of paragraph 12 Section 2, page 3,
the top paragraph be deleted from the ordinance. The motion was
seconded.
There was discussion with Granmo, Haarr and Collins speaking in
favor and Kennedy and Atkinson speaking against the amendment.
Upon vote the amendment carried with Kennedy, Larson, Atkinson and
Rauthe voting against and Nystul, Haarr, Granmo, Collins and
Donahue voting in favor.
The amended motion carried with a roll call vote with Kennedy
voting against and Nystul, Granmo, Haarr, Donahue, Atkinson,
Rauthe, Collins and Larson voting in favor.
Ordinance 1255-Proposal -Text Amendment to Allow a Change in Non -
Conforming Use-lst Reading
FRDO's report dated December 2, 1996 was submitted as it relates to
a proposed text amendment to allow a change in non -conforming uses.
Krepps reviewed and concurred with the findings of the Planning
staff with the recommendation that the change in text be denied.
As pointed out within the report, this change would completely
undermine the basic intent of the zoning ordinance and the Master
Plan to discourage the continuance of non -conforming usages within
any particular zone and to actually encourage the demise of the
non -conforming usages. Since the approval of this would be
contrary to good zoning practices and the intent of zoning
regulations, Krepps concurred with the Planning Board decision and
strongly recommended denial of the request for the text amendment.
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As a follow-up request/action from FRDO in reference to the Gardner
Auction property, a letter was received from the President of the
Planning Board and Zoning Commission that suggests the Gardner
Auction property may be inappropriately zoned as R4-1. A change
for this property to I-1 Light Industrial is recommended by the
Commission.
Upon review of the current zoning surrounding usage/zoning and
potential use of the facility and property, Krepps concurred with
the Zoning Commission that this property should be re -zoned to
accurately reflect current and future usage.
Larson moved Ordinance 1255, an ordinance amending Chapter 27.25;
non -conforming lots, uses and structures; of the Kalispell zoning
Ordinance, (Ordinance No. 1175), by adding a new section, "changes
permitted to non -conforming use," and to provide an effective date.
The motion was seconded.
There was discussion with Larson, Haarr, Collins, Nystul, Kennedy
spoke against.
With a roll call vote the motion failed with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
against.
ina Board Recommendation to Initiate Master Plan Amendme
Kennedy moved to direct staff to begin the process for a master
plan amendment and zone change request for the Gardner property on
Airport Road from RA-1 to I-1 light Industrial. The motion was
seconded.
There was discussion and the motion carried unanimously with a
vote.
Ordinance 1256-Stop Signs -1st Reading
This ordinance is proposed as a "clean-up" ordinance amendment.
The Stop Sign locations have previously had signs erected. This
ordinance will "legalize" the sign.
To complete the legal process for Stop Sign Regulations, I
recommend the ordinance be approved.
This is the normal ordinance procedure. The first reading should
be completed at this meeting.
Kennedy moved Ordinance 1256, an ordinance approving the placement
of stop signs at intersections of 7th Avenue West North and West
Wyoming; West Arizona and 5th Avenue West North; 13th Avenue West
and 7th Street West; 1st Avenue East North and Railroad tracks; 3rd
Avenue East North and railroad tracks; Albina Street and Woodland
Avenue; Parkway and 4 Mile Drive; 1st Avenue West and llth Street
West, establishing a penalty, and declaring an effective date. The
motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Gateway Orchard Land Purchase
City Attorney Neier compiled a memo for historical review of this
property. Based upon the information, Krepps negotiated with Mr.
Fraser a settlement fair and equitable to both parties. Neier has
attempted to make more recent contact with Strickland to discuss
other alternatives with no success.
To clear up a three year old City mistake without further time
involved or legal costs, Krepps believed the compromise of $21,000
was fair for both parties. He recommended the Council approval of
this payment to fulfill the 1993 agreement.
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Granmo moved to authorize a payment to the developer of Gateway
Orchard in the amount of $21,000 in lieu of Lot A of Gateway Porta
Villa. The motion was seconded.
There was discussion.
The motion carried with a vote.
Nystul moved that the city manager and city attorney be directed to
forthwith ascertain the probabilities of acquiring title and if in
their professional opinion unable to do so, transfer Lot A to the
appropriate owners as soon as practical. The motion was seconded.
The motion carried unanimously.
Conrad Mansion Board Apvointment
Rauthe suggested and there was consensus to wait until the next
work session since there was no discussion at the last work
session.
Discussion of Well Contract
Krepps reported the issue had been resolved and no need to discuss.
FOR YOUR INFORMATION
NO WORK SESSION DECEMBER 23, 1996
Next Work Session December 30, 1996 7:00 p.m.
Next Regular Meeting January 6, 1997 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:52 p.m.
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ATTEST:
O��
Y, Debbie Giffo C
Clerk of Cou
Mo
Approved 1/6/97
1
Dougl s D. Rauthe, Mayor