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1. Council Minutes - Regular Meeting - June 16, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JUNE 169 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT DUANE LARSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, RANDY KENYON, TIM KLUESNER, BOB HAFFERMAN, HANK. OLSON, AND WAYNE SAVERUD WERE PRESENT, MAYOR PAMELA B, KENNEDY AND COUNCIL MEMBER KAKI GABRIEL WERE ABSENT. Also present: Acting City Manager Mike Baker, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Public Forks Director Jim Hansz, Fire operations Chief Dan Deihl, Planning Department Director Torn Jentz, Planner II Nicole Johnson, and Recording Secretary Judi Funk. President Larson called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Atkinson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Mayor Kennedy absent. B, CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting.— June 2 2008 Kenyon moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Mayor Kennedy absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Narda Wilson, 184 Midway Drive, Columbia Falls, representing Legends Court, asked that Council approve this modest request and thanked them for their consideration. Kalispell City Council Minutes June 16, 2008 Page E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Ef 1. ORDINANCE 1639 — ZONING TEXT AMENDMENT — SIGN REGULATIONS — 2ND READING This amendment governs the extent to which non -conforming signs would maintain that status when the signage is discontinued or the face of the sign is modified. ordinance 1639 passed on a seven -to - one vote on first reading June 2. Saverud moved second reading of ordinance 1639, an ordinance amending the Kalispell zoning Ordinance (Ordinance No.1460), by amending Section 27.24, Sign Regulations, and declaring an effective date. The motion was seconded. Jentz gave a staff report and answered questions. Atkinson commented he will vote against this again because it loosens the regulations and gives grandfathered signs an unfair advantage. There was no further discussion. The motion carried upon roll call vote with Hafferman, Kenyon, Kluesner, Olson, Saverud and President Larson voting in favor, Atkinson voting against, and Gabriel and Mayor Kennedy absent. E/2, ORDINANCE 1640 -- HERITAGE WAY PARKING RESTRICTIONS — 2ND READING Ordinance 1640 prohibits vehicular parking on either side of heritage way beginning at the intersection of Heritage Way and Sunnyview Lane for 480 feet. ordinance 1640 passed on a seven -to - one vote on first reading June 2. Kenyon moved second reading of Ordinance 1640, an ordinance to amend Section 17-54, Kalispell City Code, prohibiting vehicular parking on either side of the street on Heritage way beginning at the intersection of Heritage way and Sunnyview Lane and continuing 480 feet along Heritage way and directing the placement of appropriate signage therefore, and declaring an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Ilafferman, Kenyon, Kluesner, Olson, Saverud and President Larson voting in favor, Atkinson voting against, and Gabriel and Mayor Kennedy absent. Kalispell City Council Minutes .tune 16, 2008 Page 2 E13. ORDINANCE 1641-- YIELD SIGN — FIRST READING A traffic study at the intersection of Sixth Avenue West North and West Washington Street has warranted the placement of yield signs for north and south traffic. Saverud moved first reading of ordinance 1641, an ordinance approving the placement of yield signs on 6th Avenue West North at the intersection of West Washington Street, pursuant to Kalispell City Code 17-15, authorizing the Kalispell City Attorney to recodify such code and declaring an effective date. The motion was seconded. Nasset gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel and Mayor Kennedy absent. E/4. RESOLUTION 5283 - PRELIMINARY PLAT AND VARIANCE APPROVAL -- LEGENDS COURT This is a preliminary plat request for a three -lot minor subdivision located on approximately one-half of an acre at 1224 Fourth Avenue West. The applicant is also requesting a variance from the subdivision regulations to allow for a 10-foot easement rather than a 10-foot dedication along Fourth Avenue West. Kenyon moved resolution 5283, a resolution conditionally approving the preliminary plat of Legends Court Subdivision, more particularly described as Assessor's Tracts 8T1 and 8T11 in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Johnson gave a staff report and answered questions. Olson and Hafferman spoke in favor of the request stating this is a good design and utilization of the property. The emotion carried unanimously upon roll call vote with Gabriel and Mayor Kennedy absent. E15. FINAL PLAT — THREE MILE VIEWS This is a request for final plat approval of Three Mile Views, an 18-lot subdivision on approximately two and half acres within the Three Mile Subdivision. Kenyon moved Council accept the subdivision improvements agreement and approve the final plat for Three Mile Views. The motion was seconded. Johnson gave a staff report and answered questions. Kalispell City Council Minutes June 16, 2008 Page 3 Baker answered questions regarding the bike path connectors. There was no further discussion. The motion carried unanimously upon vote with Gabriel and Mayor Kennedy absent. F. MAYO COUNCIL CITY MANAGER'S REPORTS No Action Hafferman commented on an email received from. Clarice Gates noting there was no question as to income on a recent parks survey. Hafferman said the Council has to be concerned with all citizens and Crates makes a valid point. White explained to the viewing public how Granicus will work. Kluesner asked when the preliminary budget will be voted on; white replied there will be a special meeting held before the end of the month. Baker announced that the Summer Concert Series in Depot Park begins this week. G. ADJOURN The meeting was adjourned at 7:45 p.m. ATTEST: Theresa white City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes June 16, 2008 Page 4