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1. Council Minutes - Regular Meeting - October 4, 20101hop ill z1ow.110 iilia Wift lei Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Fire Chief Dan Diehl, Planning Director Tom Jentz, Senior Planner Sean Conrad, City Engineer Paul Burnham, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, Information Technology Director Erika Billiet, and Deputy City Clerk Judi Funk. President Larson called the meeting to order and led the Pledge of Allegiance. Atkinson moved to approve the Agenda with the postponement of Agenda Item /2, Ordinance 1683, until November 1. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Saverud and Mayor Fisher absent. Council Minutes — Regular Meeting- September 20, 2010 2. Ordinance 1682 — Building Codes — 2nd Reading Ordinance 1682 follows the State's adoption of the 2009 International Building, Fire, Mechanical, Fuel Gas, and existing building codes along with the 2009 Uniform Plumbing Code. Ordinance 1682 passed unanimously on first reading September 20. 3. Award Bid — Mobile Data Terminals — Fire Department Two bids were received for ten mobile data terminals for the city's fire trucks and ambulances. Staff recommended the bid be awarded to CDW-G in the amount of $46,560.00. 4. Engineer of Record — Erosion Assessment and Recommendations Seven firms submitted Statements of Qualifications to conduct an assessment of the Buffalo Hill Golf Course and Stillwater River erosion issues. Even though the assessment would not begin until funding is secured, staff recommended the council enter into an agreement with RLK Hydro as the engineer of record. 5. Police Officer Confirmation Sebastian Dobis has completed his probationary period with the Kalispell Police Department and council confirmation was requested. Kalispell City Council Minutes October 4, 2010 Page I 6. Proclamation — Fire Prevention Week — October 3-9 2010 Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. Steve Eckels, 20 White Bark Lane, presented his view of the airport master plan update meeting that was held in late September. He emphasized what he feels is the update's "one-sidedness" and reiterated that the airport requires a CUP. Peggylee Leckrone-Olson, 2204 Canvasback Court, suggested an alternate use of the airport land by using it as a state mental health facility, owned by or leased to the state, for Alzheimer's patients. Chris Hall, 115 West Evergreen Drive, remarked that residents around the airport knew what they were buying next to, but suggested it would be better to use the land for a senior center. Steve Dunfee, Kalispell Golf Association, updated council on the golf course improvement plans and noted the membership will be voting on the plans next week. 0II ' WTI "T"0011 RVI I No IXIJ I ED, 11111, 1 R • 1 1 r I ►, This ordinance amends the administrative code to reflect certain changes to duties of various city officers and departments. Harball gave an updated report and answered questions. Public Comment None. Kenyon moved to remove Ordinance 1680 from the table. The motion was seconded. The motion carried unanimously upon vote with Saverud and Mayor Fisher absent. (CLARIFICATION — Motion to remove Ordinance 1680 from the table included the following active amendment from the September 7 meeting: Bob Hafferman moved that: in the appropriate article the following be specified, "the council shall approve all contracts and approve all change orders that exceed the amount of contingency previously approved by the council for the project".) Kalispell City Council Minutes October 4, 2010 Page 2 There was discussion regarding city manager vs. city council authority when approving contracts and change orders and what dollar amounts should be attached to each. Hafferman moved a friendly amendment to the amendment to include the suggested language in Section 2-29 with the following addition: "....written obligations, including accumulated contract change orders in excess of $50,000..." The second concurred. The amendment carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. There was no further discussion. The main motion, as amended, carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. `!J 11101'11 � I I � I ii�p'i� 11 11 p 1. RIM 1 qIIII 11111111��11 IPTAI I I I I iii; mumdx=��� The City of Kalispell has received a $20,000 grant to conduct a new growth policy study. Jentz gave a report and answered questions. None. Atkinson moved Resolution 5460, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council for the purpose of acceptance of a Montana Department of Commerce Community Development Block Grant Planning Grant Award in order to partially fund a comprehensive growth policy upu-'ate. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. ��I' IF! 111111 it a I This is a request to annex approximately one acre located on the west side of 8th Avenue West in order to connect to the city's sewer line and further develop the property. Kalispell City Council Minutes October 4, 2010 Page 3 Conrad gave a report and answered questions. Public Comment None. Kenyon moved Resolution 5461, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Lot 5 of Block 13 of High School Addition to Kalispell, records of Flathead County, Montana; excepting therefrom the northerly 12.47 feet within Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", to be known as Trinidad Addition No. 410; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. D/5. ORDINARCE 1684 — INITIAL ZONING — TRINIDAD HOLDINGS, LLP — IST READING Trinidad Holdings is requesting a zoning designation of R-4, Two -Family Residential, on the property listed above. The property address is 1010 8th Avenue West. Public Comment None. Kenyon moved first reading of Ordinance 1684, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning certain real property more particularly described as Lot 5 of Block 13 of High School Addition to Kalispell, records of Flathead County, Montana; excepting therefrom the northerly 12.47 feet within Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", (previously zoned County R-I (Suburban Residential)) to City R-4 (Two Family Residential)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. Kalispell City Council Minutes October 4, 2010 Page 4 i, � � 11 � � � � 1 � 11 1, filiffill 1 This is a request to annex approximately two acres on two lots located on the south side of Highway 2 West which has recently been connected to the city's water and sewer lines. Conrad gave a report and answered questions. Burnham answered questions. Public Comment None. Atkinson moved Resolution 5462, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Parcels A and B of Certificate of Survey 4834 excepting therefrom a tract of land described in Bargain and Sale Deed #200900034113 within Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", to be known as Young Addition No. 411; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Col.incil Discussion None. The motion carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. The property listed above is currently the location of Flathead Beverage. Young Legacy is requesting a zoning designation of 1-1, Light Industrial. Public Comment None. Gabriel moved first reading of Ordinance 1685, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning certain real property more particularly described as Parcels A and B of Certificate of Survey 4834 excepting therefrom a tract of land described in Bargain and Sale Deed #200900034113 within Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, ar.4 --more particularly described on Exhibit "A", (previously zoned County 1-1 (Light Industrial)) to City 1-1 (Light Industrial)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kalispell City Council Minutes October 4, 2010 Page 5 Council Discussion There was discussion concerning impact fees and Burnham answered questions. The motion carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. This is a request to annex approximately nine and a half acres located on the east side of Highway 93 South which has recently been connected to the city's sewer line. Conrad gave a report and answered questions. Public Comment IrNto [� Kenyon moved Resolution 5463, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Tract 1 of Certificate of Survey No. 16624 within Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", to be known as AKB Investments Addition No. 412; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. I1' !'1ZONING ; INVESTMENTS, LLP — 1ST READING The property listed above is currently the location of Triple W Equipment. AKB Investments is requesting a zoning designation of B-5, Industrial -Business. Public Comment None. Gabriel moved first reading of Ordinance 1686, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning certain real property more particularly described as Tract 1 of Certificate of Survey No.16624 within Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", (previously zoned County I-1 (Light Kalispell City Council Minutes October 4, 2010 Page 6 Industrial-Ilighway)) to City B-5 (Industrial -Business)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Council Discussion I►C�� The motion carried unanimously upon roll call vote with Saverud and Mayor Fisher absent. D/10. CONDITIONAL USE PERMIT —MT DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION This is a request for a conditional use permit to allow the Flathead Valley Community College to use a former office and shop building at the DNRC's old campus site for classrooms and administrative offices. Conrad gave a report and answered questions. Public Comment None. Kenyon moved council approve the conditional use permit for the Department of Natural Resources and Conservation with the listed conditions. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote with Saverud and Mayor Fisher absent. Freedom House of Kalispell, Inc. has requested a conditional use permit to operate a clean and sober house at 1128 Third Avenue West. Harball gave an updated report and answered questions. Public Comment William Hawk, 1128 Third Avenue West, resident manager of Freedom House, commented that the media attention is causing harm to the men in the house by threatening their privacy. Hawk argued the council needs to move ahead and approve the conditional use. Pam Bean, Executive Director of Montana Fair Housing, stated that this issue deals with the Montana Human Rights Act and Federal Fair Housing Act and her organization deems this as Kalispell City Council Minutes October 4, 2010 Page 7 discriminatory for imposing conditions on specific class members and for dragging it on for so long. She remarked this action is definitely harming the residents of the house. Phillip Guiffrida III, 1124 Third Avenue West, stated he wants Freedom House to lake the necessary steps to become a licensed facility through the state. Tara Norick, Columbia Falls, property manager for Freedom House, also asked the council to move ahead and approve the conditional use permit stating Freedom House is not the same as a Community Residential facility. Council Discussion A�enyon movedto remove the conditionalpermit and the amendmentfrom motion_ -Tde . (CLARIFICATION — Motion to remove the Freedom House Conditional Use Permit from the table included the following active amendment from the September 7 meeting: Tim Kluesner moved condition #1 be amended as follows, "It is required that Freedom house hold a neighborhood meeting quarterly for the first two years of operation to foster improved neighborhood relations, to increase awareness of the operations and activities of Freedom Douse and to create a forum to accept neighborhood concerns or issues in the future.") There was discussion. The amendment failed upon roll call vote with Kenyon and Kluesner voting in favor and Atkinson, Gabriel, Hafferman, Zauner, and President Larson voting against, with Saverud and Mayor Fisher absent. Zauner moved to table the conditional use permit until the city receives an opinion from the Montana Attorney General on how Sober Houses are defined. The motion was seconded. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Zauner, and President Larson voting in favor and Kenyon voting against, with Saverud and Mayor Fisher absent. Howington gave a status report on the Station 61 renovation contract. Hafferman requested a work session to discuss the possibility of placing a moratorium on clean and sober houses. Larson emphasized that something still needs to be done about the road and parking situations at Kidsports to help emergency responders. Kalispell City Council Minutes October 4, 2010 Page 8 afflonlaDICZE The meeting was adjourned at 10:05 p.m. Theresa White City Clerk Kalispell City Council Minutes October 4, 2010 Page 9