2. Dark Skies Ordinance Enforcement MeasuresPlanning Department
201 Is'Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispefl.com/planning
REPORT TO: Honorable Mayor and City Council
FROM: Jane Howington, City Manager
PJ Sorensen, Planner
SUBJECT: Outdoor Lighting
DATE: December 14, 2009 (Work session)
BACKGROUND: In 2005, the City Council adopted an ordinance providing for outdoor
lighting standards. Included in those standards was a provision that any commercial outdoor
lighting which does not conform to the regulations be brought into conformance by January 1,
2009. The retroactive requirement applies only to fixtures, and requires that unshielded fixtures
either be replaced with full cut-off fixtures or otherwise be shielded. The ordinance allows for
the Council to grant up to two extensions (up to a one year period each) based upon a specific
hardship and upon written request. Prior to the January 2009 deadline, the Council granted a
blanket one year extension for all businesses (see Resolution 5319, dated November 3, 2008),
which effectively extended the deadline to January 1, 2010.
Knowing that these deadlines are coming up, staff has engaged in a community outreach
effort over the past few years. The first step included a series of letters sent out between June
2007 and January 2008 to inform businesses of the standard. The list was fairly broad and all-
inclusive. Following a detailed assessment, a more refined list was put together. A mailing to
these businesses was sent out on November 25, 2008. There were approximately 80 letters sent.
Follow-up letters were sent on June 17, 2009, and November 4, 2009.
After the June mailing (and accelerating with the November mailing), we have removed
about 7 business from the list which are in compliance. We are aware of at least 8 businesses
which have done some work to bring their lighting closer to compliance. Another 20 businesses
have been in contact with us to discuss remediation plans.
To summarize, there were approximately 80 businesses which were still not in
compliance as of November 2008. Of the 80, there are 73 remaining businesses which need to
retrofit. Of those 73, 28 have either done some work or at least have a plan in place, leaving
about 45 which have not contacted us to let us know that they have either completed the work or
have established a plan. One of the businesses which has a remediation plan has also submitted a
formal request for an extension as provided in the ordinance (Gateway West mall; see attached
letter from American Capital dated November 13, 2009).
Staff is now seeking guidance from the Council as to how it wishes to proceed.
RECOMMENDATION: Staff should be directed to proceed with enforcement of the
retroactive provisions of the outdoor lighting ordinance in a manner consistent with the wishes of
the Council.
ALTERNATIVES: As suggested by the Council.
ATTACHMENTS: Resolution 5319
Letters to Businesses (2007 — 2009)
Letter from American Capital, dated November 13, 2009
Respectfully submitted,
PJ Sorensen
Planner II
Report compiled December 10, 2009
C: Theresa White, Kalispell City Clerk
�I �O-L�
,.
Jane Howington
City Manager
RESOLUTION NO.5319
A RESOLUTION GRANTING A ONE YEAR EXTENSION TO JANUARY 1, 2010 FOR
COMMERCIAL NONCONFORMING LIGHTING TO COME INTO COMPLIANCE
WITH ORDINANCE NO. 1563 CODIFIED AS KALISPELL CITY CODE 27-22A-070.
WHEREAS, the Kalispell City Council passed Ordinance No. 1563 on February 6, 2006,
requiring, among other things, that lighting for commercial uses including, but not
limited to, parking lot and building lighting to be brought into compliance with
those provisions of the ordinance relating to full cutoff fixtures and/or lamps by
January 1, 2009; and
WHEREAS, the Kalispell City Council has considered the costs of such compliance along with
the current national and local economic conditions and has determined that it
would be in the best interests of the business community and the City to extend
the date for noncompliant commercial lighting uses to come into compliance with
the lighting standards for one additional year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Pursuant to Ordinance No. 1563, codified as Kalispell City Code 27-22A-
070, lighting for commercial uses including, but not limited to, parking lot
and building lighting that does not conform to these regulations shall be
brought into compliance with those provisions relating to full cutoff
fixtures and/or lamps by January 1, 2010.
SECTION II. This Resolution shall be effective immediately upon passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 3RD DAY OF NOVEMBER, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
�� ---, //� � �I �- -
Theresa White
City Clerk
City of Kalispell
Planning Department
17 - 2„ d Street East, Suite 211, Kalispell. Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: Uispellplanning.com
August, 2007
RE: City of Kalispell Lighting Standards - City Ordinance # 27.22.104.
Dear Business Owner:
This letter is being sent out to business owners in the city to help update you on
changes to the city's outdoor lighting standards. In August of 2005 the Kalispell City
Council adopted Lighting Standards for the City of Kalispell which apply to both
commercial and residential properties. These standards are intended to reduce and
eliminate nuisance glare and light trespass from poorly placed, inappropriate,
misaligned or improperly shielded light sources. It is also the intent of these
standards to conserve energy and resources as well as to curtail and reverse the
degradation of the night sky through the regulation of the type and use of outdoor
lighting while maintaining night-time safety, utility and security.
While the purpose of this letter is to inform you of these standards, it is also to provide
additional information in order to assist you in bringing your property into compliance
with the lighting standards. Lighting for commercial uses includes but is not limited
to parking lot and building lighting.
We have enclosed a brochure which outlines the standards and provides examples of
allowable lighting fixtures. Please note that commercial properties are required to
bring their lighting into compliance by January 1, 2009. However, extensions may be
considered by the Kalispell City Council based upon a specific hardship and upon
written request.
If you have any questions please give me a call at 751-1854. We look forward to
working with you.
Sincerely,
Paul Jacobs
Code Enforcement
Enclosure: Outdoor Lighting Standards Brochure
Planning Department
201 In Avenue East
KaHspeQ, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
November 25, 2008
Dear Business Owner.
We wanted to take this opportunity to continue to keep you up to date on the City's
outdoor lighting ordinance. As you probably are aware, the lighting ordinance took effect in
2005. It generally requires fully -shielded light fixtures as part of an effort to reduce glare, energy
waste, and other negative effects of unshielded lights (a fully -shielded fixture blocks light from
shining up or out at more than a 90 degree angle). The ordinance requires all commercial
properties to bring their fixtures into compliance by January 1, 2009. However, it also allows for
two one-year extensions which may be granted by the City Council. Note, you probably received
a letter approximately a year ago letting you know that the compliance date was approaching.
Earlier this month, the Council granted a one-year extension to all commercial and
industrial properties in Kalispell who have not yet brought their lighting into compliance. This
moves the compliance date to January 1, 2010. The Council noted that, while one additional
extension beyond this one could be granted, a specific hardship will need to be shown for the
extra extension.
This letter is being sent out to those businesses and properties within the city whose
outdoor lighting still does not comply with the new lighting standards. It is the Council's intent
that you should work with our office to establish a plan for compliance, and then implement any
necessary changes by the end of 2009.
We have enclosed a pamphlet which explains the ordinance in more detail. If you have
any questions, please feel free to give us a call and ask for PJ. Thank you in advance for your
cooperation.
Sincerely,
Tom Jentz, Director
Kalispell Planning Dept.
PLANNING FOR, THE FUTURE
June 17, 2009
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeR.com/planning
RE: city of Kalispell Lighting Standards — City Ordinance #27.22.104
Dear Business Owner:
This letter is a follow-up to a series of letters you may have received regarding the City's
outdoor lighting ordinance. The most recent letter was sent out last fall. As you probably are
aware, the lighting ordinance took effect in 2005. It generally requires fully -shielded light fixtures
as part of an effort to reduce glare, energy waste, and other negative effects of unshielded lights
(a fully -shielded fixture blocks light from shining up or out at more than a 90 degree angle).
As we noted in our earlier letters, the ordinance requires all commercial properties to
bring their fixtures into compliance by January 1, 2009. However, it also allows for two one-year
extensions which may be granted by the City Council. Last fall, the Council granted a one-year
extension to all commercial and industrial properties in Kalispell which have not yet brought their
lighting into compliance. This moves the compliance date to January 1, 2010. The Council noted
that, while one additional extension beyond this one could be granted, a specific hardship will
need to be shown for the extra extension.
This letter is being sent out to those businesses and properties within the city whose
outdoor lighting is still listed as not being in compliance with the new lighting standards. It is the
Council's intent that you should work with our office to establish a plan for compliance, and then
implement any necessary changes by the end of 2009. If you have already made changes, please
contact our office so that we can inspect the modifications and mark you down as "in
compliance."
We have enclosed a pamphlet which explains the ordinance in more detail. If you have
any questions, please feel free to give us a call and ask for PJ. Thank you in advance for your
cooperation.
Sincerely,
O�V11- -
Tom Jentz, Director
Kalispell Planning Dept.
PLANNING EQR THE 1=RE
November 4, 2009
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planninE,
RE: City of Kalispell Lighting Standards — Section 27.22.104, Kalispell City Code
Dear Business Owner:
This letter is a follow-up to a series of letters you may have received regarding the City's
outdoor lighting ordinance. The most recent letter was sent out in June. As you probably are
aware, the lighting ordinance took effect in 2005. It generally requires fully -shielded light fixtures
as part of an effort to reduce glare, energy waste, and other negative effects of unshielded lights
(a fully -shielded fixture blocks light from shining up or out at more than a 90 degree angle).
As we noted in our earlier letters, the ordinance requires all commercial properties to
bring their fixtures into compliance by January 1, 2009. However, it also allows for two one-year
extensions which may be granted by the City Council. Last fall, the Council granted a one-year
extension to all commercial and industrial properties in Kalispell which have not yet brought their
lighting into compliance. This moves the compliance date to January 1, 2010. The Council noted
that, while one additional extension beyond this one could be granted, a specific hardship will
need to be shown for the extra extension.
This letter is being sent out to those businesses and properties within the city whose
outdoor lighting is still listed as not being in compliance with the new lighting standards. It is the
Council's intent that you should work with our office to establish a plan for compliance, and then
implement any necessary changes by the end of 2009. Many businesses have contacted us with
mitigation plans or have completed the work. If you have already made changes, please contact
our office so that we can inspect the modifications and mark you down as "in compliance."
We have enclosed a pamphlet which explains the ordinance in more detail. If you have
any questions, please feel free to give us a call and ask for PJ. Thank you in advance for your
cooperation.
Sincerely,
Tom Jentz, Director
Kalispell Planning Dept.
A ERICAN CAPITAL, PROPERTY MANAGEMENT, INC.
10960 WILSHIRE BLVD., SUITE 1225 • LOS ANGELES, CA 90024 • 310-231-6700 • FAX 310-231-6701
November 13, 2009
Mr. Tom Jentz, Director
Kalispell Planning Department
201 1st Avenue East
Kalispell, MT 59901
Re: City of Kalispell Lighting Standards
Section 72.22.104, Kalispell City Code
1203 Highway 2 West/Gateway West
Dear Tom:
EPEE
.�tALISPELL PLANNING DEPARTMENT
I just received your 11/4/09 follow-up letter regarding the City's outdoor lighting ordinance.
When we spoke a few days ago, I explained our short term situation. United Way and affiliated
agencies are in the process of moving into Gateway West, now called Gateway Community
Center. As part of our (the ownership's) support of the program, rent has been deferred until
March, 2010 for many of the new move ins. In the interim, we have a significant budget deficit
which we are funding.
The replacement of all heads to be in full compliance is very expensive, anywhere from $15,000
to $24,000 depending upon the head selected. You were kind enough to provide me with a metal
shielding retrofit alternative of existing heads and Giles Electric for further information.
We are following up with Giles to see if there is a relatively inexpensive way to comply with the
City code. If this is possible, which we will soon know, an extension to 2010 will help us
considerably. If the present heads can not be adapted and full replacement heads are necessary,
we would very much appreciate a deferral until 2011 when we expect our revenue stream to
improve.
I can provide you with whatever supporting documentation you need to substantiate our position
but based on your comments you are very much aware of our work with Sherry Wulf and the
programs she is managing.
Please advi
best regards,
David M. Horn
President
American Capital Property Management, Inc.
Agent for the Owner
DMH/cs
it ', , 1 ♦.
This ordinance increases the Court's civil Security and Technology fee from $5.00 to $10.00.
Gabriel moved first reading of Ordinance 1649, an ordinance amending Ordinance No.1525
and Kalispell City Code 2-69 that establishes the Municipal Court fees and charges for civil
matters and declaring an effective date. The motion was seconded.
Ulbricht gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote.
This resolution extends the compliance deadline for non -conforming commercial lighting to January
1, 2010.
Larson moved Resolution 5319, a resolution granting a one year extension to January 1, 2010
for commercial nonconforming lighting to come into compliance with Ordinance No. 1563
codified as Kalispell City Code 27-22A-070. The motion was seconded.
Jentz gave a staff report and answered questions.
Olson remarked that extending the compliance time was the consensus during the work session held
on this issue.
Kenyon noted this is a good example of a controversial ordinance that allows the City to work with
citizens.
Hafferman commented he is in favor of this, but added that when writing a new ordinance that
changes the rules we should grandfather those people who have complied with the previous
regulations.
Olson disagreed, stating that many people are happy with the lighting changes and this is a move in
the right direction.
Gabriel stated she will vote in favor, but she doesn't want to see this issue brought up again next year
for an additional extension.
There was no further discussion.
The motion carried unanimously upon roll call vote.
Kalispell City Council Minutes
November 3, 2008
Page 3