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07/05/05 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., TUESDAY, JULY 5, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KAKI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON, HANK OLSON, AND JAYSON PETERS WERE PRESENT. Also present. City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Police Chief Frank Garner, Kalispell Planning Department Director Tom Jentz, Senior Planner Narda Wilson, City Airport Manager Fred Leistiko, Community Development Director Susan Moyer, and Recording Secretary 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. CONSENT AGENDA APPROVAL 1. Council Minutes —.RegLalar Meeting June 20 2005 Peters moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Brodehl introduced Brent Christopherson, the new Fire Department Prevention Chief. Hafferman introduced his daughter and son-in-law who are visiting from Rapid City, SD. C. STUDENT ISSUES None. D. PUBLIC COMMENT Phillip Harris, Managing Partner of Hutton Ranch Associates, introduced himself and stated he is available for questions about the project. Kalispell City Council Minutes July S, 2005 Page 1 E. PUBLIC HEARING — AIRPORT ATHLETIC COMPLEX REDEVELOPMENT PLAN AMENDMENT This is the time set aside for the Council to accept public comments on a proposed amendment to the City Airport redevelopment plan. Mayor Kennedy explained the proposal and opened the public hearing. Proponents Chuck Manning, 1145 1s` Avenue East, urged the Council to support the amendment and said he feels this is a positive direction to go to improve the facility. Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/1. ORDINANCE 1.541 — AMENDING THE AIRPORT/ATHLE_TIC COMPLEX REDEVELOPMENT PLAN —1ST READING The Airport/Athletic Complex Redevelopment Plan was established in 1996. An amendment to the plan is necessary to bond for improvements and purchase property. Kenyon moved first reading of Ordinance 1541, an ordinance amending the Kalispell City Airport/Athletic Complex Redevelopment Plan Analysis for the City of Kalispell, Montana to authorize an urban renewal project; approving the project and authorizing the issuance of tax increment urban renewal revenue bonds of the City in the aggregate principal amount of $2,000,000 to finance costs thereof, and declaring an effective date. The motion was seconded. Patrick gave a staff report. Hafferman commented when this project was originally proposed it did not involve taxpayers' money and he was in favor of it because the City's original maximum share of one million dollars was to come from the sale of airport property. He said last fall he learned that tax increment funds are going to be used which is money skimmed from the general fund and put into the tax increment fund so that taxpayers must pay for services for new development. Hafferman said the so-called safety needs at the airport have existed for a long time and there is no need to risk taxpayers' money. He stated the City should wait until the FAA requirements have been met and the funding has "in fact" been appropriated by the FAA. Hafferman said he will continue to vote "no" to using taxpayers' money to fund special interest projects. Kalispell City Council Minutes July S, 2005 Page 2 The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman, Herron and Peters voting against. F12. RESOLUTION 5023 — PRELIMINARY PLAT FIRE STATION NO. 62 This is a request by the City of Kalispell for preliminary plat approval of Kalispell Fire Station No. 62, a one lot subdivision located on the west side of US Highway 93 and north of Four Mile Drive. Larson moved Resolution 5023, a resolution conditionally approving the preliminary plat of Kalispell Fire Station No. 62, more particularly described as a portion of Assessor's Tract 5 located in Section 36, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana. The motion was seconded. Wilson gave a staff report. There was discussion concerning the internal road from Highway 93 to Stillwater Road. .lentz commented the road is planned to connect to the bypass, but at the moment there isn't any money to build it. Brodehl stated until the road is completed, response will occur from Highway 93. Patrick added the road should be completed within three or four years. The motion carried unanimously upon roll call vote. F/3. RESOLUTION 5024 — ANNEXATION — HUTTON RANCH PLAZA Hutton Ranch Plaza Associates is requesting annexation of approximately 46 acres located on the east side of US Highway 93, south of Mountain View Plaza and north of Flathead Valley Community College. Peters moved Resolution 5024, 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 Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Hutton Addition No. 365; 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. Hafferman stated that Russ Crowder indicated in a letter to the Planning Board that the proposed zoning is not in compliance with the current growth policy. Hafferman said in this case he disagrees with Crowder, adding he feels the proper procedures were followed for this project. Kalispell City Council Minutes July 5, 2005 Page 3 Peters commented the community is either getting apathetic or it understands that we are growing. He said he feels this is a well developed project, but he's amazed that the number of comments about retail projects has gone from 5000 for the Wolford project to zero on this one. Olson asked if it takes 60 feet to build a hotel and if the height could be decreased. Wilson said the developers are looking for some flexibility and a good design. She said a flat roof with no gable would decrease the height, but a gable would be in keeping with the architecture of the rest of the development. Olson stated he will vote no because of the 60 foot height for the hotel. There was discussion regarding parking, the internal access roads and a future connection between Reserve Drive and Grandview. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron., Kenyon, Larson, Peters, and Mayor Kennedy voting in favor, and Olson voting against. F14. ORDINANCE 1542 — INITIAL ZONING — BUTTON RANCH PLAZA — 1ST READING Hutton Ranch Plaza Associates is requesting a zoning designation of B-2, with a PUD overlay, upon annexation of the above mentioned property. Atkinson moved Ordinance 1542, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property more particularly described as Assessor's Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North, Range 21 West, Flathead County, Montana (previously zoned County SAG-10, Suburban Agricultural) to City B-2 (General Business), with a Planned Unit Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Peters stated that one of the conditions states the height will not exceed 60 feet for both the hotel and the theater. He said he thought the theater was supposed to be shorter. Wilson answered the proposed height for the theater is 50 feet. Peters moved to amend Condition #15 to limit the height to 60 feet for the hotel and 50 feet for the theater from the highest point of the gable or parapet wall. The motion was seconded. The amendment carried unanimously upon vote. The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Larson, Peters, and Mayor Kennedy voting in favor, and Olson voting against. Kalispell City Council ?Minutes July 5, 2005 Page 4 F15. RESOLUTION 5025 — PRELIMINARY PLAT — HUTTON RANCH PLAZA Hutton Ranch Plaza Associates is also requesting preliminary plat approval of Hutton Ranch Plaza, a 26 lot commercial subdivision on the property listed above. Gabriel moved Resolution 5025, a resolution conditionally approving the preliminary plat of Hutton Ranch Plaza, more particularly described as Assessor's Tract 3 and a portion of Assessor's Tract 4G located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Peters moved to amend Condition #15 to limit the height to 60 feet for the hotel and 50 feet for the theater from the highest point of the gable or parapet wall. The motion was seconded. The amendment carried unanimously upon vote. Herron agreed with Peters, stating he's amazed that no one is opposed to this project, especially in light of the fight over Glacier Mall and the loss of the scenic corridor. Wilson responded there are significant differences between this project and Wolford's proposal, the most significant being that we knew City sewer and water will serve the site and adequate fire protection can be provided. Herron asked Wilson if there are any restrictions on the property regarding gambling, and the signage associated with gambling. Wilson said there are no restrictions, however, most major restaurant chains want an all -beverage license, not necessarily gaming machines, and you can't have one without the other. She said the Council has been concerned with garish signage and any gaming that may be proposed would be listed as a conditional use and would come back before the Council. The main motion as amended carried unanimously upon roll call vote. F16. ORDINANCE 1543 — ZONE CHANGE — POTTHOFF, ALLISON, AND EXECUTIVE PLAZA PARTNERSHIP —1ST READING This is a request for a change in zoning from R-4 to RA-3 on approximately one half of an acre located on the south side of Sth Street East between Main Street and 2nd Avenue East. Larson moved first reading of Ordinance 1543, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460) by zoning certain real property described as Lots 1, M, 17, and 18 in Block 84 and Lots 1, 2, and 3 in Block 85, Kalispell Original Township in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana (previously zoned City R-4, Two Family Residential) to City RA-3 (Residential Apartment/Office), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Wilson gave a staff report and answered questions. Kalispell City Council Minutes July 5. 2005 Page 5 There was no discussion. The motion carried unanimously upon roll call vote. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy stated that there will be a work session on downtown parking issues scheduled in the future. She also said that a letter in support of the Willow Glen Trail will go out shortly. Olson said Highland Park residents have submitted a petition for a sidewalk from Buffalo Hill down the east side of Highway 93 to downtown. He said if a sidewalk is constructed a small portion of golf course property would be needed and he asked staff to determine cost estimates. Peters announced he is resigning his Council seat immediately following the work session this evening, stating he has moved out of Ward 4. He added he will be campaigning against Jim Atkinson for the Ward 1 vacancy in the upcoming election. In response to an earlier comment from Wilson, Hafferman asked if we no longer have public hearings on annexations. Wilson replied that public hearings are held on zoning issues, but not on annexations by petition. Herron stated that he will be in Seattle with the Governor on July 14, as a member of the Montana Ambassadors. x * r Patrick stated that MDOT confirmed that all funding has been received for the Meridian Road project. H. ADJOURN The meeting was adjourned at 8:25 p.. ATTEST: Theresa White City Clerk Approved July 18, 2005 Kalispeli City Council Minutes July 5, 2005 Page 6