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Tab 26 City Council Meeting Minutes October 3, 2005A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, OCTOBER 39 2005, IN THE COUNCIL CABERS AT CITY HALL IN KALISP'ELL, MOM TANA. MAYOR, PA.MELA B. KENNEDY PRESIDED: COUNCIL EMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERON, RANDY KEYoN, TIM KLUESNER4 DUA E LARSON, AND RANK OLSON WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa white, Finance Director Arne' Robertson, Public works Director Jinn Hansz, Community Development Director Sus'an Moyer, Assistant Police Chief Roger Krauss, Fire Operations Chief Ilan. Diehl, Kalispell Plaiming Department Dio'ector Torn Jentz, Senior. Planner Narda Wilson., Planner, II PJ Sorenson, Parks and Recreation Director Mike Baker and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA A'I'RoVAL Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. The motion cared unanimously upon vote. B. CONSENT AGENDA APPROVAL L council Mm" utes — Re au lgr Meeting,Se tember 19 2. Check Presentation — HuMcane Katrina .Disaster Relief Fund Larson roved approval of the Consent Agenda. The motion was seconded. Mayor Kennedy presented a check in the amount of $8,878.11 to the Red Cross and the Salvation ,Army for the Hurricane Katrina Disaster Relief Fund. The motion carried unanimously upon roll call vote. C. S'MENT ISSUES Colin Bradley,115 Ashley Drive, Mayor of the Youth. Advisory Council, stated that they had their first meeting of the new school year last creek and membership looks promising. He said they will be pushing for a teen center which is really needed in the community. B. PUBLIC COMMENT Kyle Bartlett,. 3 Hathaway Lane, spoke in opposition to the Autumn Creek. Subdivision because of traffic concerns and water rights. He requested that a privacy fence be installed on the portion that borders his property, Kalispell City Council Minutes October 3, 2005 Page i Nancy rose, .1.453 Highway 2 west, read a letter she wrote to Council in opposition to the Auturnn Creek Subdivision. Bonnie Manson introduced herself as the new General, Manager for Bresnan Communications. Larry Parsons, 92 Hathaway Lane, spoke in opposition to the Autumn Creek Subdivision and listed h41 is concerns. He urged the Council to address future traffic needs in that area, Mark Noland, S Hathaway Lane, spoke in opposition to the Autumn Creek Subdivision and stated that he has concerns with the traffic on Mart Mill. He asked that safety issues be addressed. Ted Schlegel, Big Sky Properties, spoke in favor of Ordinance 1554 to allow light assembly in the B. 3 zone. Clint Cathcart, 828 3rd Avenue East, spoke in opposition to Resolution 5052 and stated he has concerns with the definition of "blight". He said old water and sewer lines are maintenance issues and they should be taken care of during the normal course of City business. Joanne Nieman, 735 4th Avenue Bast, spore in opposition to Resolution 5052 and wondered what the tax benefit was from previous districts.. Norah Dorn, 82 3rd Avenue WN, asked what would happen to the taxes that she pays in the area slated for the TlF district. Clarice Gates, 426 7th Avenue west, spoke in opposition to resolution 5052 and asked questions. Bill Boger, 2512 Mission Trail, TD&H Engineering, stated he represents the Hershberger's on the Autumn Creek Subdivision. He explained some of the steps they have taken to address the concerns of the neighbors and the Planning Board, including planning to .put in a westbound deceleration lane on Highway 2 at Hathaway Lane. .pristine Curtis, 530 Sylvan Drive, spoke against resolution 5052 and said she was concerned with the schools' Funding if this goes through. Valerie Parsons, 92 Hathaway Lane, speaking on the Autumn Creek Subdivision proposal, emphasized the safety issues -on Hathaway Lane and stated it needs two exits, Carol Collins, 19 Hathaway Lane, spore in opposition to the Autumn Creek Subdivision and said coming out of Hathaway Lane is `scary". She said if s a very dangerous area and another exit is needed. E. REPORT OMMENDATIONS AND SUBS ENT COUNCIL ACTION E/1.' RESOLUTION 5052 — RESOLUTION UINDING THAT BLIGHT EXISTS — BID E TIF IIISTRICI ABLER EI'TEMBER G Kalispell City Council Minutes octobeT 37 2035 Page 2 Resolution 5052 determines that blight exists within the area north of the railroad tracks to Meridian Road and from INUM Street to Seventh Avenue west. Resolution 5052 was tabled at the September b meeting,. Larson moved Resolution 5052 be removed from the table. The motion was seconded. The motion care ed with Atkinson, Gabriel, Rafferman, Herron, Kenyon, Larson, Olson and Mayor Kennedy Voting in favor, and KluesnEer voting against. Larson moved Resolution 5052 be tabled indefinitely. The motion was seconded. The motion to table indefinitely cam*ed upon roll call vote with Gabriel, Hafferman, Herron, Larson, Olson and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against. � * RIESo LUTION ' 5063 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEtLMNG —OLD SCHOOL STAT'IQ.T SPECIAL IMPR.OIIISTRIOT 344 Resolution 5063 bewns the process to establish a special hnprovenment district to benefit specific property located 1..9 miles south of Four Corners, east of Rocky Cliff` Road. A public hearing is scheduled for November 7. Gabriel moved Resolution 5063, a resolution relating to Special Improvement District No, 3 ; declaring it to be the intention of the City Council to create the district for the purpose of undertaking certain local improvements and financing the casts thereof and incidental thereto through the issuance of special improvement district bonds secured in part by the City's Special Improvement District Revolving Lund. The notion was seconded.. Patrick gave a staff' report and answered questions. Hafferman stated he norrn.ally wouldn't have any concerns with an SED when it's being paid by the property owners, but a TI,F is lurking in the background. He said if the TIP is in.itiated the costs will be thrown on the backs of the taxpayers. Haffennan. commented "we are being incrementally led down the rosy path'', and he doesn't like that method of doing lousiness. Olson asked whir the owners are requesting .an SID instead of borrowing the money. Patrick stated the developers are borrowing money to pay for the extension of the sewer and water lines to the property; the SID is for the internal infrastructure. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Hermn, Kluesner, Larson., Olson a.nd Mayor Kennedy voting in favor, and Hafferman voting against.. L13. RESOLUTION ION So -- ANNEXATION — AUTUMN CREEK SUBDIVISION Lee and. Linda Hershberger are requesting annexation of approxhnately 9 acres located north of .highway 2 west, on the east side of Hathaway Lane. Kalispell City Council Minutes octcbeT 3, 2005 Page 3 Kenyon moved Resolution 50, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described as Assessors Tracts 6A.A ., 6DI and 6AB located in Section 12, Township S North, lunge 22 west, P.M.M. Flathead County, Montana, to be mown as Hersh bergerAdd ition No. 369; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report on the annexation, zoning, and preliminary plat and answered questions. Mayor Kennedy noted some changes to the preliminary plat conditions including a requirement to widen Hathaway Lane at its intersection with Highway 2 west, and a requirement for a deceleration lane for westbound traffic on Highway 2 west. Hafferrnan commented he feels the developers have addressed the traffic concerns and a deceleration lane for Westbound traffic is a very big asset for safety. Olson said that .he is really concerned with the road situation, and he would like to find another amass. He added he's also concerned that if the city doesn't annex this property, the developers gil l get county approval and the. traffic situation will be the same. Herron stated this is a -good subdivision, but it's a good subdivision in the wrong place and it is not immediately adjacent to the city. He said he can't support this subdivision at this time until we see a much better comprehensive plan. Atkinson said he is also concerned with the lack of a second access. Larson stated this is a bad intersection and he's not convinced that the proposals to make it safer are adequate. Them. was discussion about the length of the cul-de-sac. Hafferman stated it appears that the cul-de-sac exceeds boo feet, and if so, he can't -go aI ong with it because it does not appear to meet our regulations. The motion failed upon roll call vote with Atkinson and Mayor Kennedy voting in favor, and Gabriel, Flaffe nan, Herron, Kenyon, Kluesner, Larson and Olson voting against. E/4. ORDINANCE 1.553 ---- INITIAL ZONING — AUTUMN CREEK SUBIIIVISION --- 1ST READING (NOT ACTED €I , E/5. RES[ILI TION 5065 --- PRELIMINARY PLAT -- AUTUMN CREED SUBDIVISION Lko.TA�nwwwwwwrmrnr•rirt.rrr•ri+r.rrrr� E/6. CONDITIONAL USE PEMWIT — AUTUMN CREED SUBDIVISION fl�OT ACTED ON Kalispell City Council Minutes October 3, 2005 'age 4 ORD NANCE 1554 — ZONING TEXT AMIE AME I AN lc"rrOL - 1NG Big. Sky Properties, on behalf of American Capitol, is requesting an amendment to the Kalispell Zoning Ordinance to allover light assembly in the B-3, Community Business, zoning district. Kenyon moved first reading of ordinance 1554, an ordinance amending the Kalispell zoning Ordinance (Ordinance No. 1460), by amending the &2, General Business, and the Bw3, community Business Districts, to allow light assembly as a conditionally permitted use and declaring ann effective date. The motion was seconded. Wilson gage a staff report and answered questions. There was no discussion. The 'Motion carried unanimously upon roll call vote. F/8. RESOLUTION S06 ..FINAL PLAT —THE ED FLAT of LOTS 11 AND 12 BLOCK 53 KALISPELL -ORIGINAL 'phis is a request for final plat approval of a commercial subdivision that creates two lots on property located on the southeast corner of 2nd Street west and 3rd Avenue West. Kenyon .moved Resolution.5066, a resolution approving the final plat of the Amended flat of Lots 11 and 12, Bloch 53,- Kalispell original, described as a portion of Portion A of the Amended Plat of 2 Tracts of Land in Lots 11 '12, Block 53, Kalispell original, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson gave a staff report and answered questions. Where was no discussion. The motion carried unanimously upon roll call vote. F/9. FINAL PLAT — SIN O PAH SUBDIVISION This is a. request for final plat approval of Sinopah Subdivision that plats 16 single-family lots and S sublots on approximately 5.5 acres located between Northwest mane and Meridian Road, north of Three Mile Drive. Herron moved Council accept the subdivision improvement agreement and approve the final plat of Sinopah Subdivision. The motion was seconded. Wilson gave a staff report. Kalispell City Council Minutes October 3, 2005 Page 5 Herron commented that this is an example of a good. subdivision, done correctly. The motion carried unanimously upon vote.. L/Io. ORRIAANCE 1555 —ZONING TEXT AMENDMENT - SIGN REGULATIONS — TST REARING At the September b meeting Council voted down an ordinance anaending the current sign regulations. A work session was held September 19 and this ordinance reflects changes made at that meeting. Atkinson moved first reading of ordinance .1555, an ordinance amending the Kalispell Zoning Ordinance (ordinance No. 1460), by amending Section 27.24, Sign Regulations, declaring an effective date, and authorizing the City Attorney to codify the same. The motion was seconded. Wilson gave a staff report and explained that from the discussion at the- work session} three amendments have been offered for ouncil's consideration.. Larson moved to amend Section 27,24.030 (2), Signs Prohibited, to strife the words "balloons and tethered balloons'. The notion was seconded. Ffafferman stated'he will not be voting for any of the amendments because the whole ordinance is :`picayu.nish" and designed to tighten the screws on business. The motion to amend carried upon vote with Gabriel, Herron, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy voting in favor, and Atkinson and Hafferman voting against. Larson moved to delete Section 27.24.030 -(3), "Streamers, pennants, etc". The emotion was seconded. Where was no discussion. The motion to amend carried upon vote with Atkinson, Herron, Kenyon, Iluesner, Larson, Olson, and Mayer Kennedy voting in favor, Gabriel voting against, and. Hafferrnan abstaining. Larson moved to delete Section 27.24.030 (4), "Banners on public property, etc". The notion was seconded. Larson stated he feels no one would be able to hang the large banners on Main Street if this section is left in. Sorensen explained. that Manners would still be allowed as long as a permit is obtained from public Works. Larson withdrew his motion to amend. The second concurred. Larson moved Section 27.24.080(3)(d), '"Signs for Shopping Centers axed/or Multiple Businesses', be. deleted. The motion was seconded. Kalispell City Council Minutes October 3. 2005 -Page 6 There was no discussion. The motion to amend carried upon vote with. Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, Atkinson and Gabriel voting against, and Hafferman abstaining. There was discussion about special event signs. Olson moved to amend Section. 27.24.050(c) (3) and delete the words "`search lights" and "beacons".. The motion was seconded. The motion to amend carried upon vote with AtIdnson, Gabriel, Herron, Kenyon, Njuesner, .Larson, Olson and Mayor Kennedy voting in favor, and Hafferman abstaintng. Herron moved that the 114 district be included in Section 27, 4.110, "Perndtted Signs in Zones B-2, B-3, B 4, B-S, I -I. and 1-211. The motion was seconded, Herron said -he's received input from the medical conn aunity that they are limited- in ways to advertise their businesses. He said the doctors should be able to get the same exposure as other businesses. Atkinson said it's very important to him to be able to find the emergency room or other locations he needs. He said he feels this amendment would be a "grievous im'stake". Wilson agreed, stating the H - l ;gone would not be a good candidate for this change. The purpose is to reduce clutter and make signage simple in the 1-I4 zone, which is also governed by a planned unit development agreement'. Herron stated that he has had complaints on signage issues in regard to medical office buildings that are not located in the PUD, and he thinks it's important to be able to find different doctors' offices in that area which he feels is "very goofy". There was discussion concerning billboards, Wilson said the concern to be aide to provide adequate signage to those businesses could be easily addressed by amending 27.24.101(2), Permitted Signs in the H- 1 Districts, by striking the verbiage, ``and shall not exceed a total of 40 square feet total per developed parcel" after the 'Wording, "wall signs shall not exceed. 20 square feet per use". Olson asked if Herron would be agreeable to Wilson" s suggestion. Herron said he would like his amendment as made to be voted on. The motion to amend failed with Herron, Larson and Olson voting in favor, Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting against, and Kluesner and Hafferman abstaining. Kalispell City Council Minutes October 3, 2005 Wage 7 Larson moved to amend 1 ?,24.1.01(2) "Permitted Signs in. the H.1 Districts", and delete, `and shall not exceed a total of 40 square feet total per developed parcel" after the wording, "wail signs shall not .exceed 20 square feet per use". The motion was seconded. The motion to amend carried with Gabriel, Herron, Kenyon, Kluesner, Larson, Olson and lwa �.en-n-edy-ro ngin-fayor; Alldnson = v In agains and- Ha#`ferman abstaining, The main motion as amended five times carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, I Larson, Olson and Mayor Kennedy voting in favor, and Hafferman voting against. E11 t. RES0 ON 5067 — STOP SIGNS — STH AVENUE WEST AT 51H STREET WIEST ,A traffic study performed at the request of residents has determined that stop signs are warranted on 8th Avenue west at 5th Street West. Larson .moved -Resolution. 5067, a resolution approving the placement of stop signs on Sth Avenue west at . its intersection with 5th Street west and declaring an effective date. The motion was seconded, Patrick gave a staff report. The motion carried unanimously upon roll call vote: F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No diction Larson commented that too many issues are being scheduled for work sessions after long meetings, and he is worried about being able to make good decisions. Patrick congratulated Larson for being named as President of the Montana I.zague of Cities and Towns. O. ADJOURN The meeting was adjourned at 9:47 p.m. ATTEST: Theresa White City Clerk Approved October 1.7, 2005 Kalispell City Council 'Minutes OctobeT 3, 20o5 .Page 8