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1. Council Minutes - Regular Meeting - November 7, 2011U Ilk TIM KLUESNER, DUANE LARSON, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Acting Fire Chief Dave Dedman, Municipal Court Judge Heidi Ulbricht, Senior Planner Sean Conrad, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. 1, 11, • #,1 There was no discussion. 1. Council Minutes — Regular Meeting — October 17, 2011 2. Proclamation — National Hospice and Palliative Care Month There was no discussion. The motion carried unanimously upon vote. Jerry Nix, 770 North Main Street, recognized those individuals who helped to save his nephew Beau Bronson's life, including Kyle and Victoria Lockwood, and the police officers and fire fighters who responded to the scene. Nasset and Dedman presented awards. Kalispell City Council Minutes November 7, 2011 Page 1 As part of a continuing effort to make the city's zoning regulations user-friendly and current with changes in state law, the planning board has recommended a text amendment to update and revise four sections of the Kalispell Zoning Ordinance. Ordinance 1702 passed on first reading October 17. None. 111i]1111111il ll I AIII -Qn effective date, and authorizing the city attorney to codify the same. The motion was veconded. 02 The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor and Saverud abstaining. The Kalispell Municipal Court has been awarded funding for the continuation of its DUI court implementation program in an amount not to exceed $97,000. Ulbricht gave a report and answered questions. None. V VP =`l1=1 MMMAX IVII&F# J [V 444011 awi I t-',rg2- WE -21 :2 'twfIg.:r # Jf_ Ygk0vr9)Vj C,*micXk7uPkke purpose of acceptance of a Montana Department of Transportation "DUI Court Implementation" grant for the continuation of the DUI Court Implementation program in Kalispell Municipal Court. The motion was seconded. Kalispell City Council Minutes November 7, 2011 Page 2 FIB. ENGINEER OF RECORD — PRIMARY DIGESTER REPAIR AND LID REPLACEMENT PROJECT Three Statements of Qualification were received for necessary repairs to the wastewater treatment plant's primary digester. Staff is recommending HDR/Morrison-Maierle Engineering be selected as the Engineer of Record for the project. Howington gave a report and answered questions. wmlm1 �! • None. M&FIF [— =IFIF =7X-r4?II aieri—ela—s =e =ngrn—eer Of Aecorno—r The primary Digester Repair and Lid Replacement Project. The motion was seconded. None. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson, Saverud, Zaimer, and Mayor Fisher voting in favor, and Kluesner voting against. RESOLUTION 5532 —ANNEXATION REQUEST —DEPARTMENT OF MILITARY AFFAIRS The State Department of Military Affairs is requesting annexation of approximately 20 acres of property which is the current location of the National Guard facility on the east side of Highway 93 North. Conrad gave a report and answered questions. Public Comment Steve Herzog, CTA Architects and Engineers, answered questions concerning the impact fees, which total $135,000. . i i i i 1A I1 1 i 1 1 t i ri T 7 Z&V &V I A 1, rMTW 71 MO the City of Kalispell by including therein as an annexation certain real property described as Tract 2 of Certificate of Survey No. 8594 located in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "Ato be known as National Guard Addition No. Ire Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Council Discussion Kalispell City Council Minutes November 7, 2011 Page 3 None. i 1 •. 1 i I 1 i ,' DO ODEPARTMENT MILITARY AFFAIRS The state department is also requesting a zoning designation of P-1, Public, upon annexation of the above mentioned property located approximately one mile north of the intersection of Highway 93 North and Nest Reserve Drive. i None. Kenyon+i i first reading of Ordinance 1`' ordinance 1 Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zonin'14 certain real property i i.rticularly descril;:•i as Tract 2 of Certificate of I r ii locatedI 1 Township 29 North,RangePFlatheadCounty,1 (currently zoned C--oun Growthwith the Kalispell Policy 1 0 and to provide an effective date. The motion, seco-rded. None. i i •1 1; i / I ,• Edward (Mick) Hagestad is requesting a conditional use permit to allow the construction of a 2,800 square foot building to be used for storing painting equipment and materials on property located at 1020 West Center Street. Conrad gave a report and answered questions. Iiii#7i! Kathy Fabel, 1030 West Center Street, stated she lives next door to the property and is requesting that all painting and staining be done inside because they have no protection from the fumes. Mick Hagestad, 115 Garland Street, commented that he sympathizes with the Fabels and he wants to be a good neighbor. He said they don't intend to do a lot of work outside, especially with oil paint, but he wants the flexibility to be able to do so. Kalispell City Council Minutes November 7, 2011 Page 4 Council Discussion Saverud noted that he supports the CUP, but added he will abstain from the vote because his business occasionally supplies product to Hagestad. There was discussion concerning outside painting and steps Hagestad could take to minimize fumes when painting outside. There was discussion regarding Knox Locks and private property rights. Kluesner moved to amend Condition 3 to state: "If a security gate is used on the property, it is recommended but not required that the owner shall install a Knox Lock at the gate in a location approved by the Kalispell Fire Department." The motion was seconded. The amendment carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Zauner, and Mayor Fisher voting in favor, and Kenyon, Larson, and Saverud voting against. There was no further discussion. The main motion, as amended, carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor, Gabriel and Kenyon voting against, and Saverud abstaining. Ordinance 1704 amends the West Side Urban Renewal Plan including expanding the plan boundary. A public hearing on the proposed amendments and expansion was held on October 17. Howington gave a report and staff answered questions. None. Saverud moved first reading of Ordinance 1704, an ordinance modifying the Kalispell Montana Urban Renewal Plan as it relates to the West Side Urban Renewal District by 2r-&?,s It existing district boundaries. The motion was seconded. Kalispell City Council Minutes November 7, 2011 Page 5 Hafferman noted that removal of the tracks is the only significant project that he can see and we need incentives for those who want to build now. He said we need county -wide long range planning. Kluesner commented he doesn't feel the fairgrounds should be included in the plan stating it is the county's responsibility. ! ! I: 1 i !'"I Jim.! , boundaries. I Iwas seconded. There was discussion. The amendment failed upon roll call vote with Hafferman and Kluesner voting in favor and Atkinson, !Kenyon,1 I Zauner, and Mayor Fisher votingagainst. There was no further discussion. i This ordinance would amend the existing animal regulations to add ducks to the current limitation of keeping no more than 15 chickens on a city parcel. Harball gave a report and staff answered questions. Amy Kenfield, 410 loth Avenue West, remarked she has had nothing but frustration with the chickens and ducks; the smell is horrid, there is constant noise, and now they have a serious mouse infestation. Diane Groves, 436 loth Avenue West, stated she has lived in her house for almost four years and never had a mouse problem until last year. She said she doesn't know why anyone has mice. Randy Saunier, 424 loth Avenue West, commented that until the chickens arrived they never had any mice and requested that fowl either be eliminated on small lots or the setbacks be increased. He noted this is a serious health and safety concern and his and his neighbors' property values have been affected. Kathleen Vernon, property owner of 1011 5th Street West, stated there was never a mouse problem before the chickens and ducks arrived and noted the compost pile is located right next to the alley. Francie Lipp, 23 Windward Loop, noted the ordinance needs to be revisited to protect citizens from unhealthy situations and city lots are not appropriate for livestock. Kalispell City Council Minutes November 7, 2011 Page 6 Adriana Saunier, 424 10th Avenue West, remarked the situation is intolerable. She said the noise, smell, flies, and mice are a serious problem and she cannot enjoy her property. Municipal Code regarding the regulation of ducks within the city codified at Chapter 4, teclaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Gabriel remarked eliminating the ducks will not solve the mouse problem; the compost pile is the problem. She said this issue is no different than allowing someone to paint outside which also affects the neighbors. Zauner commented this is a violation of the nuisance statute and a city lot is no place for ducks. Hafferman noted it takes maintenance to raise chickens and you have to take care of them; we need an ordinance that spells it out. Kenyon agreed the number of fowl is not the issue, but how you take care of them. Mayor Fisher remarked in retrospect she is unhappy with how the council recently handled chickens in the city and she would like a work session to revisit the fowl ordinance. Larson called for the question. I I I Howington reminded those council members on the Subdivision Regulations Review Committiee that there will be a meeting at 3:00 p.m. on Wednesday. Larson requested a work session on the sculpture issue. UMENINIUMMIN The meeting was adjourned at 10: 13 p.m. Theresa White City Clerk Kalispell City Council Minutes November 7, 2011 Page 7