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
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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.
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ATTEST c `. f7�x
y Clerk
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