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1. Council Minutes - Regular Meetings - May 19, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7: o0 P.M., MONDAY, MAY 1% 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS KARI GABRIEL, RANDY KENYON, TIM KLUESNER, BOB HAFFERMAN, DUANE LARSON, DANK OLSON, AND WAYNE SAVERUD WERE PRESENT, COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Assistant Fire Chief/Prevention DC Maas, Public Works Director Jim Hansz, Economic and Community Development Director Kellie Danielson, Parks and Recreation Director Mike Baker, Planning Department Director Torn Jentz, Senior Planner Sean Conrad, Planner II Nicole Johnson, 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. There was no discussion. The motion carried unanimously upon vote with Atkinson absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes -- Regular Meetin — May 5 2008 Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson absent. C. STUDENT ISSUES D, PUBLIC COMMENT Bill Goodman, 1275 Lower Valley Road, spoke in favor of ordinance 1638, asking that beer and wine licenses and all beverage licenses be treated the same as cabaret licenses with no location restrictions. Janet Clark, 500--Siblerud Lane, said business owners are trying to revitalize the downtown and the passage of ordinance 1638 is essential. Kalispell City Council Minutes May 1.9, 2008 Pabe 1 John Hinchey, 534 4th Avenue East, also spoke in support of ordinance 1638 stating that several inquiries from people interested in the old Columbine store have fallen through when they find out about the liquor restrictions. David Spear, 690 Scenic Way, Four Square Church pastor, said he understands the dilemma faced by restaurants and it would not bother him or his church if ordinance 1638 was changed. E. PUBLIC HEARING — CDBG GRANT AMENDMENT This is the time for the public to comment concerning a change to a grant application to the Montana Department of Commerce for a Community Development Block Grant on behalf of the Flathead Valley Community College. Mayor Kennedy opened the public hearing. Proponents None. Opponents None. Mayor Kennedy closed the public hearing. F. PUBLIC HEARING — 2007/2008 BUDGET AMENDMENT This is the time for the public to comment concerning a budget amendment allowing for street overlays. Mayor Kennedy opened the public hearing. Proponents None. Opponents None. Mayor Kennedy closed the public hearing. Kalispell City Council Minutes May 19, 2008 Page 2 G. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION G/L RESOLUTION 5250 .- CDBG GRANT AMENDMENT -- FLATHEAD VALLEY COMMUNITY COLLEGE The amount of funds PVCC requested through a Community Development Block Grant changed and this resolution documents the difference and the use of the funds. Larson moved Resolution 5250, a resolution authorizing an application to the Montana Department of Commerce for a Community Development Block Grant workforce Training Program for up to $250,000 to assist in funding workforce development and training, including the purchase of equipment and materials, through Flathead Valley Community College. The motion was seconded. Danielson gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson absent. G/2. RESOLUTION 5281— 2007/2008 BUDGET AMENDMENT Resolution 5281 amends the street maintenance fund for budget authority to enter into a contract for the Northridge Drive overlay project to be paid from funds collected for pavement replacement. Kenyon moved resolution 5281, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2007-2008 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report. Hansz answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson absent. G13. PRESENTATION -- ANNEXATION AND ZONING -- WAYNE GRILLEY Wayne Grilley has requested annexation of approximately one acre located at 1531 willow Glen Drive across from Glacier Toyota with a zoning designation of B-2, General Business. Johnson gave a staff report and answered questions. Kalispell City Council Minutes May 19, 2008 Page 3 G14. RESOLUTION 5252 — ANNEXATION -- WAYNE GRILLEY Larson moved Resolution 5252, 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 Tracts 5AA and 5G located in Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and further described on Exhibit "A", to be known as Grilley Addition No. 402; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson absent. G15. ORDINANCE 1637 — INITIAL ZONING — WAYNE GRILLEY — FIRST READING Gabriel moved first reading of ordinance 1637, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance, (Ordinance No. 1460), by zoning certain real property more particularly described as Tracts 5AA and 5G located in Section 28, Township 28 North, Range 21 west, Flathead County, Montana (previously zoned County R.-1 (Suburban Residential) to City B-2 (General Business) 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 with Atkinson absent. G16. FINAL PLAT — SPRING PRAIRIE MIXED PROFESSIONAL ONE — FOREST SERVICE This is a request for final approval of a single -lot commercial subdivision within the Spring Prairie Planned Unit Development where the new Forest Service facility was constructed. Larson moved Council approve the final plat for Spring Prairie Mixed Professional one. The motion was seconded. Johnson gave a staff report and answered questions. There was no further discussion. The notion carried unanimously upon vote with Atkinson absent. G17. ORDINANCE 1635 — AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES KALISPELL MUNICIPAL CODE -- FIRST READING Bill Goodman has requested amending the municipal code to eliminate entirely any distance requirement between any liquor licensee and a church, synagogue, other place of worship, or a Kalispell City Council Minutes May 1.9, 2008 Page 4 school. Staff is recommending the amendment only be considered in the B-4, Central Business, zoning district. Larson moved first reading of ordinance 1635, an ordinance amending ordinance No.1355, codified as Kalispell City Code 3-18 supplanting the provisions of MCA 16-3-306 eliminating the distance requirement between an establishment with a liquor license and a church, synagogue, other place of worship or a school in the B-4 Central Business zone and declaring an effective date. The motion was seconded. Harball requested a couple of minor amendments in the ordinance. He asked that in the title "A LIQUOR LICENSE" be changed to "ANY LIQUOR LICENSE", and that "All Beverage Licenses" in Section I be changed to read "all liquor licenses". Larson agreed to the friendly amendment. The second concurred. There was no objection. Harball gave a staff report. Larson moved an amendment to strike the words "or a school" in the ordinance. The motion was seconded. Larson stated the original State statute was geared towards schools with churches added later. He said churches tend to be fairly mobile, but schools are fixed and he is concerned that if the central business district is expanded in the future this ordinance could mean that a liquor establishment could be placed next door to an existing school. Mayor Kennedy commented that there are a number of existing schools within the downtown business district and she is concerned the current 600 foot limitation will cause problems for new businesses. Kenyon stated he feels this would tie the hands of future Councils. Harball clarified that the statute reads: "No retail license may be issued to any business or enterprise whose premises are within 600 feet and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or post secondary school". The motion to amend failed upon roll call vote with Larson voting in favor, Gabriel, Hafferman, Kenyon, Kluesner, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson absent. Larson moved an amendment to the ordinance requiring a distance requirement of 300 feet from any school. The motion was seconded. Hafferman said he will support the amendment because he agrees that there should be some separation with schools. Kalispell City Council Minutes May 19, 2008 Page 5 The motion to amend carried upon roll call vote with Gabriel, Hafferman, Larson, Saverud and Mayor Kennedy voting in favor, Kenyon, Kl.uesner, and Olson voting against, and Atkinson absent. The main motion, as amended, carried upon roll call vote with Gabriel, Hafferman, Kluesner, Larson, Olson, Saverud and Mayor Kennedy voting in favor, Kenyon voting against, and Atkinson absent. H. MAYORCOUNCIL CITY MANAGER'S REPORTS No Action Mayor Kennedy announced that City offices will be closed for Memorial Day, but there will be a work session on Tuesday May 27. L ADJOURN The meeting was adjourned at 8:00 p.m. ATTEST: Theresa white City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes May 1.9, 2008 Page 6