11/07/11 City Council Minutes1 1,sky % 91IF&WI 1 ..
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.
Larson moved to approve the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
Council Minutes — Regular Meeting — October 17, 2011
2. Proclamation — National Hospice and Palliative Care Month
Saverud moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
fNNE11"'. ilAM a ►T� i�i D1►"
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.
1 , 1 1 1 •; 1 ., it i 1 1
1 1 111 Ingil
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.
Kalispell City Council Minutes
November 7, 2011
Page 1
Public Comment
None.
Atkinson moved second reading of Ordinance 1702, an ordinance amending the City of Kalispell
Zoning Regulations codified at Chapter 27 of the Kalispell Municipal Code, declaring an effective
date, and authorizing the city attorney to codify the same. The motion was seconded.
Council Discussion
None.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner,
Larson, Zauner, and Mayor Fisher voting in favor and Saverud abstaining.
D/2. RESOLUTION 5531 — MDOT GRANT ACCEPTANCE AND BUDGET
APPROPRIATION
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.
Public Comment
None.
Saverud moved Resolution 5531, a resolution amending the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2011-2012 budget adopted by the City Council for the
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.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
1;/3. 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.
Kalispell City Council Minutes
November 7, 2011
Page 2
Public Comment
None.
Gabriel moved to select HDR/Morrison-Maierle as the Engineer of Record for the primary Digester
Repair and Lid Replacement Project. The motion was seconded.
Council Discussion
None.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson,
Saverud, Zauner, and Mayor Fisher voting in favor, and Kluesner voting against.
D/4. RESOLUTION 5532 — ANNEXATION REQUEST — DEPARTMENT OF MILITARY
•
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.
Kenyon moved Resolution 5532, 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 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 "A", to be known as
National Guard Addition No. 415; 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.
D/5. ORDINANCE 1703 — INITIAL ZONING REOUEST — DEPARTMENT OF MILITARY
•' — I ST READING
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
West Reserve Drive.
Kalispell City Council Minutes
November 7, 2011
Page 3
Public Comment
None.
Kenyon moved first reading of Ordinance 1703, 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 2 of Certificate of Survey No. 8594 located in Section
19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, (currently zoned
County SAG-10 (Suburban Agricultural) to City P-1 (Public)) 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.
W EININUGIII.;
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.
Public Comment
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.
Larson moved council approve the conditional use permit for 1020 West Center Street with the
requested amendment to Condition 2. (The amendment reads, "A painting/staining booth shall be
installed in either the existing or proposed building. The paint booth shall meet all applicable
building and fire codes. After the paint booth is installed all outside painting and staining of
materials shall be conducted in the southwest corner of the property, on the south side of the
existing building, using primarily water based paints.") The motion was seconded.
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.
Kalispell City Council Minutes
November 7, 2011
Page 4
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.
I
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.
Public Comment
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 extending the
district's boundaries to include areas of blight found to exist contiguous to the existing district
boundaries. The motion was seconded.
Council Discussion
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.
Muesner moved to remove the Flathead County Fairgrounds from the Urban Renewal Plan
boundaries. The motion was seconded.
There was discussion.
The amendment failed upon roll call vote with Hafferman and Kluesner voting in favor and
Atkinson, Gabriel, Kenyon, Larson, Saverud, Zauner, and Mayor Fisher voting against.
There was no further discussion.
Kalispell City Council Minutes
November 7, 2011
Page 5
The main motion carried unanimously upon roll call vote.
1 '. I'1 1�II '11ARMORM
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.
Public Comment
Amy Kenfield, 410 10th 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 10th 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 10th 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 10115th 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.
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.
Zauner moved first reading of Ordinance 1705, an ordinance amending the City of Kalispell
Municipal Code regarding the regulation of ducks within the city codified at Chapter 4, declaring
an effective date, and authorizing the city attorney to codify the same. The motion was seconded.
Council Discussion
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.
Kalispell City Council Minutes
November 7, 2011
Page 6
Larson called for the question.
The motion failed unanimously upon roll call vote.
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.
The meeting was adjourned at 10:13 p.m.
Theresa White
City Clerk
Approved November 21, 2011
Kalispell City Council Minutes
November 7, 2011
Page 7