01/21/97 City Council Minutes970
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. TUESDAY, JANUARY 21, 1997, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS 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. JIM ATKINSON
ARRIVED AT APPROXIMATELY 8:00 P.M.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
SWEAR IN MUNICIPAL JUDGE
District Court Judge Ted Lympus administered the oath to Heidi
Ulbricht as Kalispell's first Municipal Judge.
AGENDA APPROVAL
Haarr moved to approve the agenda. The motion was seconded.
Kennedy moved to amend the agenda by moving Resolution 4313-
Airport-Authorize City Representative and Central School Museum to
the end of the agenda as Atkinson will not arrive until later. The
motion was seconded.
The amendment carried unanimously.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting January 6, 1997
B. Approval of Claims per Payables Register-$$210,905.54
C. Pledged Securities December 31, 1996
D. Appointments
Member at Large -City County Planning Board -Robert Lopp
Street Tree Commission -Neil Deering
E. Table Resolution 4307-Teton Terrace Change Order to
February 3, 1997
Nystul moved to approve the consent agenda, A, B, C and D. The
motion was seconded.
Upon vote the motion carried.
Nystul moved to table Resolution 4307 until February 3, 1997. The_
motion was seconded.
The motion carried upon vote.
HEARING THE PUBLIC
PBS Films
Rosalie Heinecke, 61 Buffalo Hill Drive, encouraged Council to
watch the PBS Special Channel 7, tomorrow night from Spokane, Back
from the Brink, Saving Downtown and After the Malls. What HapRens.
Airport Authority
Gib Bissell, 76 Stafford Street, thanked Council and Staff for
their support and encouraged the Council to remain as the Airport
Authority at this time.
useum
Huz Jensen, 620 4'h Avenue East, new Museum Board member, reminded
everyone of the Conrad Mansion and its history and encouraged
Council support for the Central School Museum.
Delores Swanberg, 154 Point Caroline Road, Lakeside, read a memo
dated September 22, 1993, from the City Manager to School District
5 Superintendent supporting Central School.
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She updated the board members and encouraged Council support.
72 Hour Parking
Fred Hammill, 505 7"' Avenue West, encouraged enforcing the laws in
regard to 72 hour parking, so the snow removal could be done.
Airport
Jim Lynch, 430 Lake Hills Lane, reminded Council of the involvement
of the ball field groups and support of the airport. He
recommended to allow Council to remain as the Airport Authority.
Lee Tower, 904 7"' Avenue East, also spoke in favor.
Central School
The following spoke in favor of the museum:
Gordon Pirrie, Western Outdoor
Jennifer Shadowitz, 917 Egan
Benjamin Richards, 1436 Hwy 2 West
Jay Pendle, 584 Willow Glen Drive, he also was concerned about the
snow removal around the high school.
Ordinance 1254-Proposed Zoning Text Amendment to Allow a Second
Dwellina in R-4-2nd Readina-tabled from January 6. 1997
This item was tabled at the previous meeting due to the questions
raised within Mr. Wood's letter. In terms of the performance
standard as permitted usage, the dimensional requirements and
criteria are basically identical. The real question or difference
of allowing this as a conditional usage is:
A. Conditional
Use
Permit requires
notification of the area
property owners
for their input;
B. Conditional
Use
Permit retains final
decision by the Council;
and
C. Conditional
Use
Permit requires a
$300 application fee.
Permitted use covers
the same issues
as the Conditional Use,
except:
A. Staff makes
the
final decision to
allow/disallow the usage;
B. does not require notification of anyone within the
neighborhood for their input - it is permitted;
C. Permit fee would be a regular building permit schedule - no
additional application fees required.
To maintain oversight and some control of this process and usage,
Krepps concurred with the FRDO recommendation to require this as a
Conditional Use. This allows the Council to be the decision maker
with the neighborhood being informed prior to a decision to allow
some intrusion of a different usage within this area.
If Council desires to continue with the Conditional Use Permit, the
second reading should be completed. If the desire is to change to
allow this as a permitted usage, he suggested to begin over to
allow Staff to rewrite the ordinance to reflect the desired
process.
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.
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Donahue moved to amend the motion to change all reference to
conditional use be changed to permitted use. The motion was
seconded.
Nystul, Donahue and Haarr spoke in favor of the amendment.
Kennedy spoke against the amendment.
Donahue called for the question.
With a vote the amendment failed upon a tie vote with Donahue,
Granmo, Haarr and Nystul voting in favor and Collins, Kennedy,
Larson and Rauthe voting against.
With a roll call vote the original motion carried with Atkinson,
Collins, Granmo, Larson, Nystul and Rauthe voting in favor and
Donahue, Haarr and Kennedy voting against.
Ordinance 1257-Vista (Lone Pine) Zoning-2nd Reading
Nystul moved Ordinance 1257, an ordinance to amend Section
27.2.010, official zoning map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning property known as Lonepine View
Estates, Flathead County, Montana (previously zoned County R-4,
Two -Family Residential), to City R-3, a Single -Family Residential
District, in accordance with the City -County Master Plan, and to
provide an effective date. The motion was seconded.
Kennedy noted this is not contiguous to the City of Kalispell and
has no adjoining roads to the City and spoke in favor.
Atkinson arrived at the meeting.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Ordinance 1258-ADDlewav/Two Mile Drive Zonina-2nd Readina
Haarr moved Ordinance 1258, an ordinance to amend Section
27.02.010, official zoning map, City of Kalispell, Zoning
Ordinance, (Ordinance No. 1175), by zoning certain properties known
as a portion of Two Mile Drive and Appleway Drive, (presently zoned
Residential, Commercial and Industrial), to zone said property
consistent with the properties located north and south from the
centerline of said portion of Two Mile Drive and said Appleway
Drive, and to provide 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.
Resolution 4313-Airport-Authorize City Representative
As discussed at the work session, the options are to continue with
the current organization and/or change to a Commission.
If Council desires the Commission change, it is necessary to adopt
a resolution. If the desire is to continue the current
organization, Resolution 4313 would confirm the Council as the
Airport Authority. This Resolution also appoints the City Manager
as the City's authorized representative for the activities of the
airport (i.e. grants, correspondence, purchasing, etc.).
Kennedy moved Resolution 4313, a resolution of the City Council to
exercise all powers granted under the "Airport Authorities Act"
(Title 67, Chapter 11, Montana Code Annotated) for the purpose of
operating, maintaining and expanding the Kalispell City Airport,
continuing the Airport Advisory Board, and adopting the Airport
Business Plan, appointing the City Manager as the authorized
representative, repealing Resolution No. 4274, and declaring an
effective date. The motion was seconded.
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Donahue began to offer a substitute motion from the draft of 3208
then there was discussion of the appropriateness of a substitute
motion and agreed it was not.
Larson and Collins spoke in favor of Resolution 4313.
There was more discussion about the 5th Whereas and Kennedy as
maker of the motion and concurrence of her 2" added the word
"substantially" before the word "developed" to her original motion,
so to read, once the Airport is substantially developed...
There was more discussion.
Donahue spoke against the motion.
Larson called for the question.
With a roll call vote the motion carried with Atkinson, Collins,
Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor
and Donahue voting against.
Central School Museum
Krepps recommended that two motions be considered for this project.
The first motion should re-establish these improvements as a viable
project of the City. Council has already approved this as a TIF
project but a re -confirmation would give Staff further direction
and/or comfort to spend resources on this project.
The second motion would give direction to the Staff and to the
Museum Board that the intention is to proceed with (pending
acceptable term) leasing the improved Central School to this board
to operate as a museum.
Larson moved to re -affirm the Central School Museum as a TIF
project and give the staff the guidance they are lacking at this
point and they would proceed with the lease agreement with the
Northwest Historical Society. The motion was seconded.
Atkinson spoke in favor of the motion.
Haarr moved to amend the motion to call for Request for Proposals
to preserve Central School to the extent that we repair the roof,
the heating, the electricity, the plumbing and make it suitable for
lease. The motion was seconded.
Atkinson, Larson and Collins spoke against the amendment.
Haarr spoke in favor of the amendment.
There was more discussion.
Upon vote the amendment failed with Haarr, Donahue, Granmo and
Nystul voting in favor and Collins, Kennedy, Larson, Atkinson and
Rauthe voting against.
Kennedy, Collins and Rauthe spoke in favor of the original motion.
Donahue spoke against the motion.
Kennedy called for the question.
The motion carried with a vote with Donahue voting against.
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FOR YOUR INFORMATION
Next Work Session January 27, 1997 7:00 p.m.
Next Regular Meeting February 3, 1997 7:00 p.m.
Transportation and Land Use Items in the Flathead Conference
February 28, 1997-Rocco's 9:00 a.m. '
ADJOURN
The meeting was adjourned at 9:25 p.m.
DQugfAs D. Rauthe, Mayor
ATTEST:
Debbie Giff , Mc
Clerk of Counc 1
Approved 2/3/97
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