01/04/10 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, JANUARY 4, 2010, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER,
DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL
MEMBER KAKI GABRIEL ARRIVED AT 7:04 P.M.
Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Public Works Director Jim Hansz, Finance
Director Amy Robertson, Parks Director Mike Baker, Municipal Court Judge Heidi Ulbricht, Human
Resources Director Terry Mitton, Housing Manager Katharine Thompson, Revolving Loan Fund
Manager Wade Elder, Planning Department Director Tom Jentz, Senior Planner Sean Conrad,
Airport Manager Fred Leistiko, and Deputy City Clerk Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. OUTGOING COUNCIL PRESENTATION
Howington presented Mayor Pam Kennedy and council member Hank Olson with plaques and
thanked them for their years of service to the City.
Mayor Kennedy and Hank Olson gave farewell remarks.
C. OATHS OF OFFICE
Mayor Kennedy administered the oath of office to incoming Mayor Tammi Fisher and council
member Jeff Zauner, along with incumbent council members Jim Atkinson, Bob Hafferman, and
Tim Kluesner, and Municipal Court Judge Heidi Ulbricht.
The new council members took their seats and gave opening remarks.
D. ELECTION OF COUNCIL PRESIDENT
Mayor Fisher asked for nominations for council president.
Kenyon moved that Duane Larson be appointed as President. The motion was seconded.
Hafferman moved the nominations for President be closed. The motion was seconded.
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January 4, 2010
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The motion carried unanimously upon vote.
There was no discussion.
The main motion carried unanimously upon vote.
E. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting? December 21, 2009
Saverud moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
F. STUDENT ISSUES
Emily Obermiller, 282 Arbour Drive West, requested that the streets around the high school be
plowed earlier in the morning.
Kathleen Barth, 360 West Valley Drive, asked that the Woodland Park Pond be better maintained for
skating.
Jesse Bennett, 925 Egan Road, also asked that pond maintenance be improved and that the warming
but be available during high -use times.
Rachel Burns, 236 Many Lakes Drive, asked for a traffic signal at the intersection of 6th Street West
and 1st Avenue West because of the congestion when schools let out.
Ty Wycoff, 2109 Harlequin Court, noted that a traffic signal would clear up safety issues at the
afore -mentioned intersection.
Joshua Lynch, Columbia Falls, requested that Third Avenue West be designated one way or that
parking only be permitted on one side of road to help with congestion.
G. PUBLIC COMMENT
Rich DeJana, 422 Summit Circle, mentioned several people who have made huge impacts in the
community and noted Mayor Kennedy is one of those people who has devoted an immense amount
of time to the City of Kalispell.
Pete Skibsrud, 685 Country Way North, remarked he bought the Old Steel Bridge and thanked
everyone who has supported his effort to relocate it.
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Terry Kramer, 21 West Reserve, President of the Flathead Building Association, congratulated the
new council members and stated he looks forward to working with the council to keep the building
industry viable; housing does equal jobs.
Steven Quade, 27 Sunrise Drive, asked that the speed limit be lowered on Highway 82 from 70 to 60
or 65 miles per hour.
Trevor Beaven, 12 Eagle Drive, Lakeside, noted they want to change the speed limit in order to
honor Dawn Bowker, a Somers Middle School teacher who was killed on the road last year. He said
the cost of saving lives is worth a one and half or two minute longer drive.
Scott Davis, 448 5th Avenue West, wished everyone a Happy New Year and submitted additional
questions regarding the city airport.
Marc Rold, 704 6th Avenue West, spoke in favor of the conditional use permit for Lost Horizon
Ranch.
Todd Snarr, 493 2nd Avenue EN, complimented Mayor Kennedy on her thoughtfulness on her last
vote on the airport and noted he believes in speaking up on issues he truly believes in.
Merna Terry, 1505 Whalebone Drive, voiced her support for the Lost Horizon CUP and noted they
are providing a great service to the community. She said we need to find a way to raise funds using
more than impact fees.
Charles Lapp, 3230 Columbia Falls Stage Road, remarked the county transportation plan is on the
county planning and zoning web site and we need to see how it fits in with Kalispell's plan.
H. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
H/1. CONDITIONAL USE PERMIT — LOST HORIZON RANCH
This is a request to operate a group home for youths 17 to 19 in an existing single-family home
located at 520 First Avenue East.
Conrad gave a staff report and answered questions.
There was discussion regarding condition 3 and the 24-hour supervision.
Harball answered additional questions.
Saverud moved council approve the conditional use permit for Lost Horizon Ranch subject to
the listed conditions. The motion was seconded.
Atkinson spoke in favor of the motion.
White asked that the motion also include adopting the staff report and findings of fact.
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Saverud moved a friendly amendment to adopt the staff report and findings of fact. The
second concurred.
Mayor Fisher remarked that CUPs run with the land, not the owner, and questioned whether we are
violating our own zoning ordinance by including a condition that the CUP would cease if the
property were sold.
Mayor Fisher moved to delete condition 43 ("The approval to operate a group home shall cease
if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property
owners seeking to operate a group home or other use listed under section 76-2-412 M.C.A.
shall apply for and receive a conditional use permit prior to operating said use.") The motion
was seconded.
Hafferman noted if the condition is in violation of the zoning regulations, then he is in favor of
deleting it.
Mayor Fisher stated she is concerned it would create a legal liability and would prefer the owners
create a deed restriction on the property.
The amendment carried upon roll call vote with Gabriel, Hafferman, Larson, Saverud,
Zauner, and Mayor Fisher voting in favor, Atkinson and Kenyon voting against, and Kluesner
abstaining.
The main motion, as amended, carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon,
Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Kluesner abstaining.
I. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action)
Howington noted that extra -territorial annexations will be discussed at the next work session along
with an annexation proposal for Trumbull Creek Crossing.
Larson thanked the council members for their support in his bid for President.
J. ADJOURN
The meeting was adjourned at 8:10 p.m.
�j
Tammi Fisher
ATTEST: Mayor
Theresa White
City Clerk
Approved January 19, 2010
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