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12/19/05 City Council MinutesA. REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A7:00 P.M., MON AY, DECEMBER 19, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL., MONTANA. MAYOR AIL. B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM A. KINSoN, KARI GABRIE , BOB HA.FFERMAN, RANDY KENYON TIM KLUESNER, DUANE IARSON, AND HANK O SON WERE PRESENT, COUNCIL MEMBER. BOB HERRoN WAS ABSENT. ,also reset: City Manager James Patrick, City Attorney Charles Har all, City Clerk Theresa White, Public Works Director Jim Ham, , City Engineer Frank Castles, Police Chief Frank Gamer, Fire Chief Randy Brodehl, Kalispell Planning Department Director Tom Je t , 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. .here was no discussion. The motion carried unanimously upon vote with Herron absent. B, CONSENT AGENDA APPROVAL I . Council Minutes — Regular Meeting December-5, Zoo . ordinance 1562 — Initial Zo.x — Robert and Ace Ford — 2nd Readn The Fords have requested a zoning designation of R- 4. Two Family Residential, for approximately 1.2 acres located on the south side of South Woodland Drive. re. Ordinance 1562 passed on first reading December 5. Larson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon Droll call vote with Herron absent. C. STUB"' ISSUES None. I , PUBLIC COMMENT E o s , th Ave WN, spoke in opposition to Resolution o 3, the s gna.ge increase at Kalispell Center Mall. She said that visual space is important and if the Council passes this resolution, they will be negating the zoning regulations. Kalispell City Council Minutes December 19, 2005 Page . George Taylor, 504 5th Avenue East, Chairman of the Planning Board, stated the Planning Board values the C u c l's input and that the Board hopes the Council gives the lighting ordinance their deepest thought and hardest effort. He compared the lighting ordinance to the growth policy and stated that sometimes the Board reels out of sync with the Council and that they are trying to look ahead to the future. John Hi chey, 534 4th Avenue .fast, Planning Board member, spoke 'n favor of the ligtin ; ordinance and the architectural standards. He stated the PlanningBoard's intention for commercial lighting was to change only the lens of the light, not the pole, etc., and said the "sl alls" in the ordinance already need to be done, and the "s o .lds" are what the Board would like to see done. Bryan Schutt, 614 2 d Avenue East, Planning Board member, expressed some concerns about long- term planning and said he feels there is a breakdown coming. He feels there is a lack of a shared vision within the City and a lack of common procedures, adding that people really care about Planning this valley and the City is doing the best long-term growth right now. Jackie Kieser, 545 2nd Avenue East, stated she was upset that the lighting ordinance was tabled at the last meeting. She said she has examples les of lighting ordinances from other areas and ino one ra d at eyed In existing lights and she implored the Council not to allow grandfathering. Kieser read a letter from Mona Charles to the Council about the lighting ordinance. (.,otter is attached hereto and hereby made a part hereof Bruce Ruby, 105 Spring Creek, Boners, stated that grandfathering the lighting ordinance may set a bad precedent for other projects coming; u. Jack Fallon, 629 Shadow Lane, spoke against Resolution 5084, the Cottonwood Estates sewer resolution. He said Cottonwood Estates should be allowed to connect to the Evergreen Sewer District because the Council already set the precedent of allowing property outside the boundary to connect when it approved the Kelsey Subdivision. Wally Wilkinson, Whitefish, Cottonwood Estates partner, spoke against Resolution 5084 and asked where they went wrong. He said they have done everything the Council has asked and he thought the project was going to be allowed to move ahead, and then he read I'In the paper they were going to be denied. Doug Sider o s, Bigfork, Cottonwood Estates partner, stated they are addressed all of the 'issues and asked for a favorable recommendation on sewer service. Brett Birk, 2302 Highway 2 East, spoke favor o granting Cotton good access to sewer and stated the City would gain a $ 20,o o hook up fee. Drew Hubatsek,11 Shore Acres, Bigfork, stated he supports the lighting ordinance and he does not see it as are obstacle to building. He said that good lights benefit everyone. Kalispell City Council Minutes December 19, 2005 'age E. R.EPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E. RIESOLU ION 5083 — MAXIMUM SIGN AREA ALLOWANCE — KALISPELL CENTER MALL The Kalispell Center Mall has requested an increase in the maximum sign area allowance for the mall property. Kenyon moved Resolution 5083, a resolution to approve the sign permit application submitted y the Kalispell Center Mall property owner allowing for sine in excess of that otherwise allowable under the Kalispell Zoning Regulations. The motion was seconded. .ntz gave a. staff report and answered questions. Haffernnan stated the signs will he beneficial to the business and the customer and the proposed signs will enhance a " l h" building. Kluesner Mated that the building is ugly now and the signs will help because tourists don't know what is in the building. He said we need to support the downtown core area. Gabriel stated she is also in support of the signs and they will fit the area, adding; the developers have done a good job. The motion carried upon roll call vote with Gabriel, H fferman, I luesne , Larson, Olson and Mayor Kennedy voting in. favor, Atkinson and Kenyon voting against, and Herron absent. E 2. RESOLUTION 5084 — SEWER SERVICE — COTTONWOOD STATES Cottonwood Estates, LLC7 the owner ofproperty located in the Helena Flats area, has requested that the property be allowed to connect to the Evergreen Sewer District for sewage treatment at the Kalispell wastewater treatment plant. Kenyon moved Resolution 5084, a resolution regarding the development of Cottonwood Estates and provision of municipal sewer services thereto. The motion was seconded,, Patrick gave a staff report and answered questions. K. esner commented the resolution is too cut and dried, and he doesn't feel it leaves any room for negotiation. Olson stated the best interest the City can have is to keep sewage at the WastewaterTreatment Plant and the hest way to do that is to hook this subdivision. to City services. He said the City has options, such as annexation districts, to benefit the City. Olson added we need to work out a solution to this issue and `quit acting like children'" when it comes to Evergreen.. Kalispell City Council Minutes December 1, 2005 Page Kenyon stated the City needs a comprehensive policy for hook ups outside of the City limits. He feels we should not approve anything else until a study is done and stop doing these things on a case y case basis. Larson said he is going to vote against this resolution because we need to consider the aquifer. He said by voting for this resolution the Council is enforcing the need for a regional treatment center. Hafferm.an stated that he generally agrees with the request, but he doesn't agree with vexation because annexing Cottonwood Estates would cost City residents. He said treating the sewage at the treatment plant is not the only way to protect the aquifer; technology provides other methods. afferman said he will vote for this resolution because he feels this issue should wait until the Evergreen sewer feasibility study is completed. Gabel stated she can't understand the logic behind this discussion because the City does not benefit from this at all. She said it is not a good decision for the City and she will vote for the Resolution. The motion failed upon n tie vote with Atkinson, Gabidel,ffern n, and Kenyon voting In favor, Kluesner, Larson, Olson, and Mayor Kennedy voting against, and Herron absent. E 3, BOARD APPOINTMENT— CENTRAL VALLEY WASTEWATER TREATMENT FACILITY FEASIBILITY STUDY COMMITTEE The Evergreen Water and Sewer District has requested that the Council appoint a member to a committee to develop the scope of a feasibility study for a Central valley Wastewater Treatment Facility. Mayor Kennedy recommended Council appoint City Manager ,dim Patrick and Council member Tim Kluesner. Olson moved that the Council appoint Jim Patrick and Tiny Kluesner to the Central valley Wastewater Treatment Facility feasibility study committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote, with Herron absent, F. M.Yo COUNC CITY MANAGER'S REPORTS o Aeti. Mayor Kennedy stated the United Way Campaign is ending soon and asked that everyone remember those agencies and give if possible. Mayor .Kennedy wished everyone a happy and healthy holiday season. Patric: stated City Hall will be closed Dec. 26 and Jan 2. He thanked the National Guard for hosting "Christmas at Our House."' Kalispell City Council Minutes cmba1, 2005 'age Garner asked everyone to remember to lock their car doors and hide their valuables because there has beeDan increase in car break -iris. He said locking your car will reduce the probability that you will be a victim or crime. G. ADJOURN The meeting was adj o m d at 8.--17 p.m. ATTEST: Theresa White City Clerk Approved January 3, 200 f f t Pamela B. Kennedy Mayor w� Kalispell City Council Minutes December 19, 2005 'age Mona Charles 10 Lake bane Road Kalispell, MT 59901 756-7641 19, 2005 Dear Mayor Kennedy and Council Members, You hold the power and the responsibility to form the future of the Flathead Valley, and appreciate that you are moving thoughtfully and judiciously through the issues. The lighting ordinance before you is one of the easiest opportunities for you to preserve the beauty and character of the Valley —primary reasons so many people come here to visit and to live. I am concerned about both commercial and residential lighting. One rust only look at the Home Depot and we's parking lots to find a glowing example of lighting differences —and respect for the community. We aren't L.A. and don't' need the same nighttime lighting in parking lots. But I am most concerned about the tread In residential lighting. ; like many of my neighbors, chose to live in the county and endure some hardships I would not encounter the city because of the quiet, solitude, and night sky. New houses are being built with four to six lightmg fixtures across the front. I see no reason for six lights to be burring constantly. one porch light should help anyone find their way hone. Blazing lights do not provide security, as neighbors tend to Ignore the constant and react more quickly when a motion detector light comes on. l ask you to consider the individuals who live in the valley because of the quality of life and I ask you to support the lighting ordinance as you originally passed it. `hank you. Sincerely, Mona Charles