12/05/05 City Council MinutesA REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A . o0
. "M., MONDAY, DECEM ER 5, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL N
KALISPELL, MON ANA.. MAYOR PAMELA B. KENNE Y PRESIDED, COUNCIL
MEMBERS JIM A KIN SON, KARI GABRIEL, BOB RAFFERMAN, BOB HERRON.,
RANDY KETY NiM KLUESN K DUANE IARSON, AND HAND. o S N WERE
PRESENT.
Also present: City Manager James Patrick, City Attomey Charles Har all, City Clerk Theresa White,
Finance Director Amy Robertson, Public Works Director Jiro. Hansz, Police Chlef Prank Garner,
Parks and .recreation Director Mike Baker, Kalispell Planning Department ent Director Tom .lent ,
Senior Planner Narda Wilson.
Mayor r Kennedy called the .meeting to order and led the Pledge of Allegiance.
A. AGE T A APPRO VA.
Larson moved approval of the .Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon. vote.
B. CONSENT AGENDA APPROVAL
. Council Minutes — Regglar Meetina November 21, 200
2. .Award Bid - 3 ' `o . x Pick cks
Three local dealers, and the Statemotor Pool, submitted bids for two ton 4X4 pick-up
trcks. Staff recommended the contract be awarded to Eisi ;er Motors for a bid of
$1708.00.
3. Award .old — one Ton 4x4 'truck
Two local dealers, and the State motor pool, submitted bids for a one ton truck with a foist
for the Street Maintenance Division. Staff recommended the contract be awarded to E si . er
Motors for a bid o $21,075.85.
Kenyon moved approval of the Consent Agenda. The motion was seconded.
Olson moved to remove Consent .Agenda Item #3 and place It on the regular Agenda as Item
. The notion was seconded.
There was no discussion.
The motion carried upon vote with Atkinson, Hafferman, Herron, Kenyon, Kl uesner, Larson,
Olson and Mayor Kennedy voting in favor, and Gabriel voting against.
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The main motion as amended carried unanimously upon vote.
C, STUDENT ISSUES
None.
D. PUBLIC COMMENT
Heidi Ulbricht, Kalispell Municipal Court Judge, thaD ed the Council and public for the success of
the Food for Fires program and stated they contributed close to 20,000 pounds of canned goods to
the Food Bank.
Jackie Geiser, 545 god Avenue East, commented she is in favor of the changes to the lighting;
ordinance
E. REPORTS/RECOMMENDATIONS .AND SUBSEQUENT COUNCIL ACTIN
E 1. FINANCING - STREET MAINTENANCE BUILDING
Council was asked to fund the construction of a street maintenance building with internal .funds,
along with an advance from the Community r ity Development STIP fund.
Larson moved that Council find the construction of the Street Maintenance Building
internally with funds on hand. of $90,000 and an advance from the Community Development
fund of $90,000. The motion was seconded,
Patrick crave staff r ;port and ans rered questions.
afferma stated he heartily agrees with this .method of funding budgeted items.
The motion carried unanimously neon vote,
E/Z. AWARD BID — STREET MAINTENANCE BUILDING POSTPONED AT THE
NOVEMSER 21 MEETING
Five bids were received for the construction of a street maintenance building. Staff recommended the
project be awarded to Davidson Construction for the low bid of $176,100.00.
Larson moved to award the bid for the Street Maintenance Building to Davidson Construction
in the amount of $176,100.00. The motion was seconded.
Patrick gave a staff .report.
Where was no discussion.
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The motion carried unanimously upon vote.
E . RESOLUTION 50 1— ANNEXATION — ROBERT AND A ICE FORD
This is a request for annexation of approximately 1.2 acres located on the south side of South
Woodland Drive*
Kenyon moved Resolution 5081, 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 on "Exhibit A" located in Section 20, Township 28 North, Range 21
West, .M.M. Flathead County, Montana, to be known as Ford Addition No. 3 3-P 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 and zoning; and answered questions,
The motion carried unanimously upon roll call vote.
E # ORDINANCE 1562 — INITIAL ZONING — RO ERT AND A ICE FORD — IS
READING
The Fords have requested a zoning designation of R-4, Two Family Residential, for the property
listed above .
Kenyon moved first reading of Ordinance 1562, 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 a portion of .Assessor's Tract 7L located in Section 20
Township 28 North, Range 21 west, ,M#M., Flathead County, Montana (previously zoned
Count R-1, Suburban Residential) to City R- (Two Family Residential), in accordance with
the Kalispell Growth .policy 2020, and to provide an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
E 5# RESOLUTION 5082 — FINAL PLAT — HOLD `EM SUBDIVISION
This is a request for final plat approval of a subdivision that creates two residential lots located on
the crest side of 5th Avenue West between 14th Street West and 18th Street Nest.
Kenyon moved Resolution 5082, a resolution approving the final plat ofHold 'Em Subdivision,
described as Assessor's Tract -1, located in Section 1 ,'township 28 Forth, Range 21 west,
P.M.M., Flathead County, Montana. The motion was seconded.
Wilson gave a staff report and answered questions.
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Olson r r .ar ed that once again sidewalks are not being installed. He said the torn j.s f .11 of 61*no
sidewalks"' and he asked that the issue be placed on a work session agenda.
The motion carried unanimously upon roll call vote.
E . ORDINANCE 1563 — AMENDMENT — LIGHTING STANDARDS — 1ST READING
Several amendments to the .recently adopted lighting standards were suggested by staff as a result of
wor ink with the regulations over the past couple of months.
Atkinson moved first reading of Ordinance 1563, an ordinance amending the Kalispell Zoning
Ordinance (Ori a ee No. 1, by creating new Chapter 2 .22A, Outdoor Lighting Standards,
declaring an effective date, and authorizing the City Attorney to codify the same. The motion vas
seconded.
Wilson gave a staff report.
.At the request of Herron, Mayor Kennedy asked for public comment.
Ken Barkus, 34 Logan Way, Flathead Business and Industry .Association President, presented a letter
to Council from the FBfA detailing their concerns, particularly with the retroactive provision. (Letter
is attached hereto and be -e y made a part hereof)
Jackie Keiser, 545 2nd Avenue .fast, stated the regulations need to be retroactive because this is
about quality of life, not money.
Myrna `ferry, 1505 Whalebone Drive, representing the .Flathead Building Association, stated they are
also concerned about retroactivity, adding it will cost a lot money to change all of the light fixtures
and she's concerned that costs will be passed on to taxpayers.
Clint Cathcart, 828 3rd Avenue East, a veteran,, said he is concerned about the flag provision asking
that flags be down-ht. He said it's hard t 'Illuminate . flag at right from above.
Mayor Kennedy clarified the ordinance does provide for illumination from below as long as the
lighting is focused primarily on the flag.
Mayor Kennedy closed public comment.
Kluesner stated he would not have voted for this had he been on Council at the time it was originally
adopted, adding he is concerned with the grandfathe ring issue. He said enforcement also needs to be,
looped at and he does not support this ordinance the way A is written.
Olson asked if Lowe's complies with the ordinance as it stands right now.
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Wilson said that Lo ve's does, however Mountain view Plaza doesn't. As far as residential lighting.,
she noted there are ways of bringing residential lights into compliance without replacing theme., such
as clip -on shields and frosting the glass covers.
Herron said his biggest concern is in the last three years the Council allowed Mountain view Plaza,
where Hone Depot is located, to be built with `those lights'" that light up the whole north side. He
stated the Council does need control over certain things, but he doesn't see how these standards will
be enforced because everyone is going to be out of compliance and no one is going to change their
fixtures. Herron commented `"eve don't need government involvement in this{�.
Hafernnan said a lot of people have been opposing these standards, and we haven't even started
enforcing it yet. He said we have to start listening to the public and tally about compliance.
Hafferman moved to table the ordinance to the second meeting in January or until such time
as compliance is discussed at a work session. The motion was seconded.
The motion to table carried upon vote with Hafferman, Herron, Kluesner, Olson and .mayor
Kennedy voting in favor, and Atkinson, Gabriel, Kenyon, and Larson voting against.
E . ORDINANCE 1564 —ARCHITECTURAL DESIGN STANDARDS —1ST READING
This ordinance creates architectural design standards for new commercial and multi -family
developments.
Atkinson moved first reading of Ordinance 1564, an ordinance creating an addendum to the
Kalispell Zoning ordinance (ordinance No. 1460), by adopting Architectural Design
Standards, declaring an effective date, and authorizing the City Attorney to codify the same.
The motion was seconded,
Wilson gave a staff report and answered questions.
Hafferman stated these standards are redundant because we already have ordinances covering most
of the issues. He asked which regulations will be considered if here's a conflict`s He said we are
dealing with a philosophy and these standards represent the opinions of the preparer. In addition,
they are .not real standards. Hafferman stated he would not object if these were guidelines, but this
document is meant to control developers based on philosophies and `this Council is getting out of
control with regulations controlling our people."
Atkinson commented this Council is responsible to support the philosophy of the community and
how the community wants to see themselves now and in the future. He said one of the greatest
representatives to the community is the Planning Board, and they have done an excellent job on this
document. Atkinson said these kinds of guidelines and standards are exactly what the community
wants them to do and he would encourage the Council to endorse these standards.
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Mayor Kennedy agreed there shod be guidelines and that businesses want to know what to expect
when they core into a community, but she also wondered if this is a legal document and if it is
enforceable.
Harball answered the standards are designed to give the Architectural Review Committee (ARC)
some guidelines to follow and will help the board with a recommendation to the Council.
Wilson clarified the only projects that now go before the Architectural Review Committee are those
in the redevelopment area downtown, and they are not bond by any particular standards. She said
this document will require that all commercial developments go before the ARC.
Herron commented the buck stops with the Council and there needs to be a procedure that brings
everything before them. He said a non -elected body should not make the decision on whether
something meets a nebulous standard or not.
Olson disagreed, stating the purpose of staff is "to tell the guy how to build the building."
Jentz remarked that guidelines have no real direction behind them, but standards do. He said the
committee worked for months on these standards,, with staff f help, and this document is a way of
doing things and getting therm done with the flexibility needed.
Atkinson agreed with Herron that the buck stops here, but added if a developer wants to come to
Council, he can. He said it would be helpful to have these standards to help us make decisions.
Knesner commented this document looks life a PowerPoint presentation and not a "law'. He said he
would like to see it presented as guidelines, not standards.
Herron asked why we couldn't write are ordinance that just says the ARC reviews all commercial
development; why do we need an elaborate set of standards when what we have is working now.
Jentz stated. the ARC has very little to work with now, and these standards are needed because board
members are looking for guidelines and tools to help them. He said Bruited information is arbitrary
and dangerous and the ARC wants hard standards.
Herron stated he is concerned with continually layering rules and standards on top of otber rules and
standards that are not enforced.
Mayor Kennedy stated that maybe what we need is to increase the ARC � s j risd ctional area so that
all commercial development goes to them and approve these as guidelines which would give
developers "the flavor of what we want for a development."
ent."
Kenyon said it would be a shame and disservice to allow developers to determine hove we want our
City to look. He said these should be established as more than guidelines because it is our
responsibility t . say what our City should look like. Kenyonsaid developers will toss "guidefines" i
the trashoan.
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Kesr commented maybe we need to apply this to residential as well; where do we draw the line
and for whom. He said as a Council, don"t we have final decision and approval over projects and
can't we have them upgraded`
Jentz answered without a Planned Unit Development, the Council has very little say. He said the
A1C's eorr is that without these standards, developers will do what they want to do.
Larson said he 's having trouble detennini g what the standards are. He gave some examples of
language in the ordinance that seemed contradictory, life 4rsho ld'" and "shall". He said part of the
time they are guidelines and part of the time they are standards. Larson said he feels if they are
flexible them the Council isn"t giving the ARC any stability.
Gabriel stated she is befuddled that this conversation is still going on because the Planning Board
and architectural Review Committee worked on these standards for montbs and they know what
they need to get their jobs done. She said this is an important tool and it's important they are given
something to work with.
Mayor Kennedy agreed with Gabriel on the amount of work that gent into this, but also agreed with
Larson on the language difficulties. She said she feels this document reeds more discussion and the
Coil needs more direction with regard to how it should go forward.
Atkinson stated that he was part of the Planning Board when the process began and the committee
wanted to be developer friendly and wanted to assist developers in understanding our commum* * ty. He
said they did not want to have a document that said `you will do this"'. Atkinson said they wanted the
document to catch our feeling of what the community wants to look like, adding the "`shahs" anal
"msts" are already in other documents; this document just puts everything together,
Hafferman stated we should have a document that will assist developers and give them guidelines,
but he feels there still needs to be more discussion.
Rafferman moved the ordinance be tabled to the second meeting in January. uary. The motion was
seconded.
The motion to table carried with. Gabriel, Hafferma ., Herron, Kl es er Larson, Olson and
Mayor Kennedy votingin favor, and Atkinson and Kenyon voting against.
E/8. AWARD BID 4NE TON 4X4 TRUCK(MOVED FROM CONSENT AGENDA
Two local dealers, and the State motor pool, submitted bids for a ore ton truck with a hoist for the
Street Maintenance Division. Staff is recommending the contract be awarded to Eisinger Motors for
a bid of $2 ,1075.85.
Larson moved that l isinger Motors be awarded the contract in the amount of $21,075.85for a
one ton 4X4 trick. The motion was seconded..
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Olson thainked staff for recommending Eisinger on the first bid rather than letting the bid go out o
town for a $77. 0 savings, but he also suggested this bid be awarded to Searff because it is only
33.00 more than Eisinger and that war both local GM dealers get a dealt
The motion carried upon vote with Atkinson, Gabriel, Haffear a , Herron, Kenyon, Kluesner,
Larson and Mayor Kennedy voting is favour, and Olson voting against.
MAYo COUNCIL CITY MANAGER'S RIER S No A do
Olson said recently an. Evergreen sewer board member rude a statement on KO I that Ka is el 's
wastewater treatment plant is "antiquated"'. acted". He said he wants to clarify for the public that the EPA
declared Ka is e l"s WWTP the most efficient plant of its size in 2004.
Patrick announced that Payroll Clerk Willa Manger and City Treasurer Carol Kostma . have decided
to leave the City and he wished them both the best.
Mayor Kennedy asked what the requirements are for shoveling sidewalks, both residential and
commercial, and asked about the snowplow policy.
Ha-nsz stated sidewalks must be shoveled within 72 hours of the snowfall and snow can't be pushed
out .to the street, except in the Downtown Business District where there i.s no other place to put it.
Hansz said streets are plowed on Mondays, Wednesdays and Fridays and .Avenues on Tuesdays,
Thursdays and Saturdays; primary routes are done first.
G. ADJOURN
The meeting; was adjourned at 9:02 p.m.
ATTEST:
eresa White
City Clergy.
Approved December 19, 200
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