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.
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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.
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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.
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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.
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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.
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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
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