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01/17/66 SP City Council Minutes21 SPECIAL MEETING A Special Meeting of the Kalispell City Council was held January 17, 1966 at 7:30 P. M. in accordance with the following notice given and acknowledged. TO THE HONORABLE BOARD OF COUNCILMEN CITY OF KALISPELL, MONTANA Gentlemen: There will be a Special Meeting of the City Council Monday, January 17, 1966, at 7:30 P.M. for the following purpose. To consider proposed Ordinance No. 726 on Rezoning We, the undersigned, being all of the members of the City Council, do hereby waive notice of the date and purpose of the Special Meeting of the City Council to be held Monday, January 17, 1966 at 7:30 P.M., and consent to the transaction of the above and any other business that may properly come before the Council. ATTEST: George Beardslee City Clerk Laurence G. Bjorneby Norma E. Happ John D. Roche Kenneth E. O'Brien Marshall H. Murray City Attorney T. R. Flynn Mayor Vernon Homuth M. C. Roberts Robert W. Riley William-W. Roberts Mayor Flynn presiding with all Councilmen present. Mayor Flynn stated that it was the desire of the majority of the Councilmen that discussion on the question before the Council be limited. Mayor Flynn stated that each person desiring to speak would be limited to 5 minutes and declared the City Attorney to be timekeeper. Mayor Flynn stated that anyone desiring to speak should rise and state their name and indicate whether they were for or against the adoption of the proposed Ordinance Merrit Warden said opportunity to make the that he felt that the proponents should be given the first remarks. Mr. Bob Winters stated that he was in favor of the adoption of the proposed Ordinance. Mr. Robert Happ stated that he was in favor of the re -zoning because he felt the community could expect unprea6dented growth inotThe near future and that this area should be open to business development. That it is important for the Council to consider this with a long range view and asked the Councib to take favorable action on the proposed Ordinance. Mr. Robert Faulkner stated that he was in opposition to the passage of the proposed Ordinance and felt the Council should consider carefully the damaging effect the passage of this Ordinance would have to those people who have invested their money in nice homes in the area, several of whom had been assured at the time that the area would remain a residential area. That putting the area in Zone 5 would result in a problem of control and that he felt that development of the area should be done in a more judicious manner. Mr. Ray Robbin stated that he was in opposition to the passage of the proposed Ordinance. Mr. George Darrow stated he was in opposition to re -zoning the area. Mr. Ken Weingartner declared he was against re-zontAg the area. Mr. Alroy Barry stated he was against adoption of the proposed Ordinance. Mrs. Blanche Gilbertson stated she was against re -zoning. Mr. Vaughn stated he was apposed to re -zoning. Mr. Merrit Warden, representing several of the protestants stated that the petitions of protests represented somewhat over 70% of the area even though technically some of them may not qualify as protestants. The Council has a definite obligation to the people of Kalispell as the area in question concerns not only the people of Kalispell but also people who may come into Kalispell. When the original zoning was adopted carefull consideration was given to the zoning of the City and that no great problem or great injustice was done to anyone. This area was recognized as a residential area and not as a commercial area and these people had invested money in homes in this area because it was an residential area. At the time of zoning the City, the City Fathers had granted authority to 1 1 1 219 the Board of Adjustments as provided by law to give exceptions to business which will fit into the area. To change from Zone 1 to Zone 5 is too drastic a change. More than 70% of the people directly affected are in opposition to making any change in the zoning of this area. If the Board of Adjustment is not composed of the proper people to make these decisions this should be corrected. Mr. Charles Barry said that should the Ordinance be defeated the City should obtain the Triangle of land (property of Roland Anderson) for a City Park. Mr. Roland Anderson stated that the area should never have been taken out of Zone 5 and that there were many cases in history to show that the majority was not necessarily right. Councilman Roche asked Mr. Anderson when this area was in Zone 5. Mr. Anderson said the City was first zoned in 1945 and the area was in Zone 5 in July 1945 and that it was brought up for a change in the summer of 1946. In 1947 the area was changed to Zone 2. Mr. Anderson stated that he was in favor of re -zoning and asked the Council to adopt the Ordinance. Mayor Flynn declared the discussion closed after making three calls asking if anyone else desired to speak either for or against the adoption of the proposed Ordinance. City Attorney Marshall Murray read the proposed Ordinance No. 726. Councilman Bjorneby moved adoption of Ordinance No. 726, an Ordinance amending Section 7 of Ordinance No. 672. Seconded by Wm. Roberts. Mayor Flynn stated that the City Clerk had checked the Petitions of Protest and found the qualified protestants of the Petitions of Protest represented an excess of 20% of the property owners of the area),, therefore a three -fourths majority would be required for passage of Ordinance No. 726. Mayor Flynn asked for a Roll Call Vote. Roll Call Vote as follows: Councilmen -Wm. Roberts - Aye Norma Happ - Aye R. Riley - Aye Homuth - Aye L. Bjorneby - Aye M. C. Roberts - No K. O'Brien - No J. Roche - No Motion was defeated. Five Councilmen voting for, three voting against. Three quarter majority required for passage. Councilman W. Roberts moved for adjournment. Seconded by N. Happ aid carried. Read and approved as read this 7th day of February, 1966. ,..- yor ATTEST c `. f7�x y Clerk A