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12/16/96 City Council Minutes959 959 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. 960 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, 961 961 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. -14 962 962 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. 77 U 963 963 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. 11 ATTEST: O�� Y, Debbie Giffo C Clerk of Cou Mo Approved 1/6/97 1 Dougl s D. Rauthe, Mayor