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10/03/25 City Council MinutesREGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT *o P.M., MONDAY, OC O ER 3, 220059 N THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA.. MAYOR AMELA B, KENNE Y PRESIDED. COUNCIL MEMBERS JIM AT KI NSON, KARI GABRIE , BOB RAFFERMAN., BOB HERRON, RANDY KENYON, T M KLUESNER, DUANE LARSoN, AND HANK o SON WERE .ESN'. Also present: City Maaer James Patrick, City A.ttorey Charles :arball, City Clerk Theresa white, Finance Director Amy Robertson, Public Works Director Jiro Hans , Community Development Director Susan Moyer, Assistant Police Chief Roger Krauss, Fire operations Chief Dan Diehl, Kalispell. Planning Department Director Tom Jentz, Senior Planner Narda Wilson, Planner 11 P Sorenson, Parks and Recreation Director Mike Baker and Recording Secretary Judi Funk. Mayor Ken edy called the meeting to order and led the Pledge of Allegiance. A, AGENDAAPPROVAL Kenyon moved approval of the Agenda. The motion was seconded. Where was no discussioll. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL L Council Minutes — Re lar Meeting Se ber 19� 2. Check Presentation — H rr*cane Katrina Disaster Relief Fund Larson moved approval of the Consent Agenda. he motion was seconded. Mayor Kennedy presented a check in the amount of $8,878.11 to the Red Cross and the Salvation Army for the Hurricane Katrina Disaster Relief Fund. The motion carried unanimously upon roll call vote. C. STUDENT ENT ISSUES Colin Bradley, 1.1 .s ey Drive, Mayor of the Youth Advisory Council, stated that they had their first meeting of the new school year last week and membership looks promising. He said they will be pushing for a teen center which Is really needed in the com , .ty. I , PUBLIC COMMENT Lyle Bartlett, 33 Hathaway Lane, spoke in opposition to the Autumn Creek Subdivision because of traffic concerns and water rights. He requested that a privacy fence be installed on the portion that borders his property. Kalispell City Council Mite October 3, 2005 Page I Nancy Rose, 1.483 Highway 2 West, read a letter she wrote to Council in opposition to the Autumn Creek Subdivision. Bonnie Hanson o introduced herself as the new General Manager for Bresnan Communicatiolls. Larry Parsons, 2 Hathaway Lane, spoke in opposi .tion to the Autumn Creek Subdivision and listed his concerns. He urged the Council to address future traffic reeds in that area. Mark Noland, 8 Hathaway Lane, spoke it opposition to the Autumn Creek Subdivision and stated that he has concerns with the traffic or Hart Lill. He asked that safety issues be addressed. Ted Schlegel, Bid; Sky Properties, spoke in favor of Ordinance 1554 to allow light assembly in the B- 3 zone. Clint Cathcart, 828 3rd Avenue East, spoke in opposition to Resolution 5052 and stated he has concerns with the definition o "blight". He said old water and sewer lines are maintenance issues and they should be taken care of during the normal course of City business. Joanne Kiernan, 735 4th Avenue East, spoke in opposition to Resolution 5052 and wondered what the tax benefit was from previous TIP districts. Nora.h Korn, 82 3rd Avenue WET, asked what would happen to the taxes that she pays in the area slated for the TIF district. Clarice Gates, 426 7th Avenue West, spoke 1r Opposition to Resolution 5052 and asked questions. Bill Boger, 2512 Mission Trail, TD&H Engineering, stated he represents the Leash er er's on the Autumn Creek Subdivision. He ex l i ed some of the steps they have taken to address the concerns of the neighbors and the Planning Board, including a n ; to put in a westbound deceleration lane on Highway 2 at Hathaway Lane. Kristine Curtis, 530 Sylvan Drive, spoke against Resolution 5052 and said she was concerned with the schools' funding if this goes through. Valerie Parsons, 92 Hathaway Lane, speaking on the Autumn Creek Subdivision proposal, emphasized the safety issues on Hathaway va.y Lane and stated it needs two exits. Carol Collins, 19 Hathaway Lane, spoke in opposition to the Autumn Creek Subdivision and said coming out of Hathaway Dare is "scary". She said it"s a very dangerous area and another exit is needed. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1, RESOLUTION 5052 — RESOLUTION FINDING THAT BLIGHT EXISTS — BNSF IF DISTRICT..,.JTABLED SEP"EM E� Kalispell City Council Mete October 3., 2005 Page Resolution 5052 determines that blight exists within the area north of the railroad tracks to Meridian Road and from Main Street to Seventh Avenue west. Resolution 5052 was tabled at the September meeting. Larson moved Resolution 5052 be removed from the table. The motion was seconded. The motion carried with Atkinson., Gabriel, Haffern an, Herron, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Klesner voting against. Larson moved Resolution 5052 be tabled indefinitely. The motion was seconded. The motion to table indefinitely cam*ed upon roll call vote with Gabriel, Hafferrnan, Herron, Larson, Olson and Mayor Kennedy voting in favor, and. Atkinson and Kenyon voting against. E 2. RESOLUTION 5063 — RESOLUTION of INTENT AND CALL FOR PUBLIC HEAMNG— OLD SCHOOL STATION SPECIAL IMPROVEMENT 344 Resolution 5063 begins the process to establish a special improvement district to benefit specific property located 1.9 miles south of Four Corers, east of Rocky Cliff Road. A public hearing; is scheduled for November '. Ga r*el moved Resolution 5063, a resolution relating to Special Improvement DistrictNo. 344 declaring it to be the intention of the City Council to create the district for the purpose of undertaking certain local improvements and financing the costs thereof and incidental thereto through the issuance of special improvement district bonds secured in part by the Clty's Special Improvement District Revolving Fund. The motion was seconded. Patrick gave a staff report and answered questions. Hafferman stated he normally wouldn't have any concerns with an SID when it's being paid by the property owners, but a TIF .is lurking in the background. He said if the TIF is initiated the costs will e thrown on the backs of the taxpayers. Haffennan commented "'we are being incrementally led down the rosy path."', and he doesn't like that method of doing business. Olson asked why the owners are requesting an SID instead of borrowing; the money. Patrick stated the developers are borrowing money to pay for the extension of the sewer and water lines to the property; the SID is for the internal infrastructure. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Herron, Kl esner, Larson, Olson and Mayor Kennedy voting in favor, and H fferman voting against, E 3. RESOLUTION 5064 — ANNEXATION — AUTUMN CREEK SUBDIVISION ,Lee and Linda Hersberer are requesting annexation of approximately 9 acres located north of .highway 2 West, on the east side of Hathaway Lane. Kalispell City Council Minutes October 3,, 2005 Kenyon moved Resolution 5064, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including therein as an annexation certain real property, more particularly described as Assessors Tracts 6AAK, 6DI and A-B located in Section 12, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana, to be known as Hersh berger Addition. No. 3 69,b 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. Mayor Kennedy noted some changes to the preliminary plat conditions including a requirement to Wen Hathaway Lane at its intersection with gray 2 West, and a requirement for a deceleration lane for westbound traffic on Highway 2 West. afferman commented he feels the developers have addressed the traffic concerns and a deceleration lane for westbound traffic is a very big asset for safety. Olson said that he is really concerned with the road situation, and he would like to find another er access. He added lye's also concerned that if the city doesn't annex this property, the developers wil I get county approval and the traffic situation will be the same. Herron stated this is a good subdivision, but it's a good subdivision in the wrong place and it is not immediately adjacent to the city. He said he can't support this subdivision at this time until we see a much better comprehensive plan. Atkinson said he is also concerned with the lack of a second access. Larson stated this is a bad intersection and he's not convinced that the proposals osals to make it safer are adequate. There was discussion about the length of the cul-de-sac. affer nan stated it appears that the cul-de-sac exceeds boo Feet, and if so, he can't go along with it because it does not appear to meet our regulations. The motion failed neon roll call vote with Atkinson and Mayor Kennedy voting in favor, and Gabriel, Hall rman, Herron, Kenyon, Kl.nesn.er, Larson and. Olson voting against. E/4. ORDINANCE 1553 —INITIAL ZONING- AUTUMN CREEK SUBDIVISION — IST READING (NOT ACTED E 5. RESOLUTION ION 5065 — PRELIMINARY PLAT — AUTUMN CREEK SUBDIVISION (NOT ACTEDoN E . CONDITIONAL USE PERMIT — AUTUMN CREEK SUBDIVISION (NOT ACTED �an,muuw uw uuu i inn,w�nr���^F�n�n�nn� Kalispell City Council Minutes October 3# 2005 Page IE. ORDINANCE 1554 — ZONING TEXT AMENDMENT — AMERICAN CAPITOL 1ST READING Big Sky Properties, on behalf of American Capitol, is requesting are amendment to the Kalispell Zoning ordinance to allow light assembly in the - 3, Community Business, zoning district. Kenyon moved first reading of ordinance 1554 , an ordinance amen lnii the Kalispell Zoning Ordinance (Ordinance No. 1460), by amending the B-2, General Business, and the -3, Community Business Districts, to allow light assembly as a conditionally permitted use and declaring an effective date. The motion was seconded. Wilson gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote. E 1. RESOLUTION 50— FINAL PLAT — THE AMENDED PIAT of LOTS I I AND S BLOCK 53,.. KALISPELL ORIGINAL This i's a request for final plat approval of a commercial subdivision that creates two lots on property located on the southeast corner of 2nd Street West and 3rd Avenue West. Kenyon moved Resolution 5066, a resolution approving the final plat of the Amended Plat o Lots 11 and 12, Block 53, Kalispell original, described as a portion of Portion A of the Amended Plat of 2 Tracts of Land In Lots 11 & 12, Block 53, Kalispell Original, located In Section 18, Township 28 North, Range 21 West, '.M.M., Flathead County, Montana. The motion was seconded. Wilson gave a staff report and answered questions. There was no discussion. The motion carn 0 ed unanimously upon roll call vote. E 9. FINAL FLAT — S No AH SUBDIVISION This is a request for final plat approval of Si o ah Subdivision that plats 16 single-family lots and s hots on approximately 5.5 acres located between Northwest Lane and Meridian Road,, inorth o Three Mile Drive. Herron moved Connell accept the subdivision improvement agreement and approve the final plat of Sino ah Subdivision. The motion was seconded. Wilson gave a staff report. Kalispell City Council Minutes October 3, 2005 Page Herron. commented that this is an example of a good subdivision, done correctly. The motion carried unanimously upon vote. E/10. ORDINANCE 1555 —ZONING TEXT AMENDMENT —SIGN REGULATIONS IST READING At the September 6 meeting Council voted down an ordinance amending the current sign regulations. A work session was field September ber and this ordinance reflects changes made at that meeting. Atkinson moved first reading of Ordinance 1555, an ordinance amending the Kalispell Zoning Ordinance (Ordinance anc No. 1460), by amending Section 27.2 , Sign Regulations, declaring an effective date, and authorizing the City Attorney to codify the same. The notion was seconded. Wilson gave a staff report and explained that from the discussion at the work session', three amendments have been offered for Council" s consideration. Larson moved to amend Section 27.24.030 2 Signs Prohibited, to strike the words "balloons and tethered hallons". The motion was seconded. Ha `ferman stated he will not be voting for any of the amendments because the whole ordinance is " pieayunis " and designed to tighten the screws on business. The motion to amend carried upon vote with Gahrie , Herron, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy voting in favor, and Atkinson and l affe man voting against. Larson moved to delete Section 2 . #030 (3), "Streamers, pennants, etc". The motion was seconded. There was no discussion. The motion to amend carried upon vote with Atkinson, Herron, Kenyon, Kluesner, Larson, lson, and Mayor Kennedy voting in favor, Gabriel voting against, and Haffenan abstaining. Larson moved to delete Section 2 .2 .o30 , "'Banners on public property, etc". The motion was seconded. Larson stated he feels no one would be able to hang the large banners on Main Street if this section is left in. Sorensen explained that banners would still be allowed as long as a permit is obtained from public Works. Larson withdrew his motion to amend. The second concurred* Larson moved Section. 2 -2 .o o 3 d ,, 1 Signs for Shopping Centers and/or Multiple Businesses."', he deleted. The motion was seconded, Kalispell City Council Minutes October 31 2005 Page There was no discussion. The motion to amend carried upon vote with Herron, Kenyon., Klesner, Larson, Olson, and Mayor Kennedy voting in favor, Atkinson and Gabriel voting against, and Hal 'erman abstaining, There was discussion about special evert signs. Olson moved to amend Section 2 .2 #o o c 3 and delete the words "search lights" and "beacons". The notion was seconded. The notion to amend carried upon vote with Atkinson, Gabriel, Herron., Kenyon, Kl esner, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman abstaining. Herron moved that the H-I district be included in Section 27.24. 110, "Permitted Signs in Zones -29 --39 i- , --51 - . and -2 '. The notion was seconded, Herron said he" s received input from the medical community that they are limited in ways to advertise their businesses. He said the doctors should be able to get the same exposure as other businesses. Atkinson said it's very important to him to be able to find the emergency room or other locations he reeds. He said he feels this amendment would be a `*grievous .istale". Wilson agreed, stating the H- 1. zone would not be a good candidate for this charge. The purpose is to reduce clutter and make signage simple it the -1. zone, which is also governed by a planned unit development agreement. Herron stated that he has had complaints or signage issues it regard to .medical office buildings that are not located it the PUD, and he thinks it" s important to be able to .find different doctors' offices in that area which he feels is "very goofy". There was discussion concerning billboards. Nilson said the concern to be able to provide adequate signage to those businesses could be easily addressed by amending 2 .2 .10 , er ltted Signs in the H-f Districts, by striking the verbiage, *`and shall not exceed a total of 40 square feet total per developed parcel"' after the wording, `"Wall signs shall not exceed 20 square feet per uses'. Olson asked if Herron would be agreeable to Wilson's su.gge tiorl. Herron said .he would like his amendment .t as made to be voted or. The motion to amend failed with Herron'. Larson and Olson voting in favor, Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting against, and Klesner and Hafferman abstaining. Kalispell City Council Minutes October 3., 2005 Page Larson moved to amend . , o 2 "Permitted tte Signs i the H-1. Districts", and .elete, "and shall not exceed atotal of 40 square feet total per developed parcel" after the wording, "'wall signs shall not exceed 20 square feet per use". The motion was seconded. The motion to amend carried with Gabriel, Herron, Kenyon, YJ esner, Larson, Olson and Mayor Kennedy voting In favor, Atkinson voting against, and Hafferman abstairting., The main motion . as amended five times carried upon roll call vote With. Atkinson, Gabriel, Herron, Kenyon, Kles er, Larson, Olson. and. Mayor Kennedy voting In favor, and Hafferman voting against. E 11. RESOLUTION 5067 — STOP SIGNS — 8TH AVENUE WEST AT 5TH STREET WEST A traffic study Performed at the request of re ide is has determined that stop signs are warranted o h Avenue West at 5th Street Test. Larson moved Resolution 5067, a resolution approving the placement of stop signs on 8th Avenue West at its intersection with 5th Street west and declaring an effective date. The motion was seconded% Patrick gave a staff report. The motion carried unanimously upon roll call vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS LNo Action Larson commented that too many issues are being scheduled for work sessions after long meetings, and he is worried about being able to make good decisions. Patrick congratulated Larson for being; named as President of the Montana Uape of Cities and Towns. G. ADJOURN The meeting was ad ored at 9:47 p.m. ATTEST: Theresa. White City Clergy. Approved October 1.' , 2005 Kalispell City Council Minutes October :, 2005 Page 8