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1. Council Minutes - Regular Meeting - June 2, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P,M,, MON7DAY, JUNE 2, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, RANDY KENYON, BOB HAFFERMAN, DUANE L.A, RSON, HANK OLSON, AND WAYNE SAVER.UD WERE PRESENT, COUNCIL MEMBER TIM KLUESNER WAS ABSENT. Also present: City Manager James Patrick, City Attorney Chaves Harball, City Clerk Theresa White, Chief of Police Roger Vasset, Public Works Director Jinn: Hansz, Finance Director Amy Robertson, Economic and Community Development Director Kellie Danielson, Parks and Recreation Director Mike Baker, Planning Department Director Torn Jentz, Planner II PJ Sorensen, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL. Larson moved approval of the Agenda with the removal of item. E/3, Preliminary Budget Adoption and Calling for Public Hearing. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Iluesner absent. B, CONSENT AGENDA APPROVAL 1. Council Minutes -- Re ular Meeting -- May 19 2008 2. Ordinance 1637 --- Initial Zoning - Wayne Grille — 2nd Readin Grilley is requesting a zoning designation of B W2, General Business, on approximately one acre located at 1531 Willow Glen Drive across from Glacier Toyota. Ordinance 1637 passed unanimously on first reading May 19. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kluesner absent. C. STUDENT ISSUES None. Kalispell City Council Minutes June 2, 2008 Page 1 D. PUBLIC COMMENT Vicki Poynter, 600 Granite view Drive, CEO of Flathead Industries, stated she supports changing the sign ordinance (ordinance 1639) because it is a good change and it is paramount to their business. Mike Allen, Business and operations Director of Flathead Industries, also supports changing the sign regulations. Doug Morton, 203 Somerset Drive, founder and board member of Flathead Industries, also spoke in favor of changing the sign ordinance, stating they would like to use as much of the existing sign as possible. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/L ORDINANCE 1638 -- AMENDING CHAPTER 3 A.LCOHOLIC BEVERAGES KALISPEL.L MUNICIPAL CODE — 2ND READING This amendment eliminates entirely any distance requirement between any liquor licensee and a church, synagogue, or other place of worship, and 300 feet from a school. The first reading of Ordinance 1638 carried on a seven -to -one vote on May 19. Larson moved second reading of Ordinance 1638, 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 any liquor license and a church, synagogue, other place of worship in the B-4 Central Business zone, and requiring a distance of 300 feet between an establishment with any liquor license and a school in General Business B-2, Community Business B-3, Central Business B-4, and the Industrial -Commercial B-5 City land use zones and declaring an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Gabriel, Hafferrr an, Kenyon, Larson, bison, Saverud, and Mayor Kennedy voting in favor, Atkinson voting against, and Kluesner absent. E12. CONTRACT RATIFICATION — KALISPELL, POLICE .ASSOCIATION The Kalispell Police Association met May 28 and voted in favor of a four-year contract to run from July 1, 2007 through June 30, 2011. Larson moved Council approve the contract between the City of Kalispell and the Kalispell Police Association and authorize the City Manager to execute the agreement. The motion was seconded. Patrick gave a staff report and answered questions. Kalispell City Council Minutes .curie 2, 2008 Page 2 Hafferman stated he is not concerned with what other cities are paying their officers; Kalispell is special and our officers' value to the community is extraordinary. He said he is in support of the contract. Gabriel remarked she fully supports the contract, and commended the Police Chief and City Manager. Mayor Kennedy commented she is also pleased with the contract. The motion carried unanimously upon vote with K.l.uesner absent. E/3. PRELIMINARY BUDGET ADOPTION AND CALL FOR PUBLIC HEARING (REMOVED) LI4. ORDINANCE 1639 -- ZONING TEXT AMENDMENT — SIGN REGULATIONS —1ST 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. Gabriel moved first 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 notion was seconded. Sorensen gave a staff report and answered questions. Hafferman commented he is concerned with the City writing new regulations that make something illegal today when yesterday it was legal. Hafferman moved an amendment to Section 8 to read, "Existing freestanding signs shall remain unless they are structurally altered or pose a safety hazard". There was no second.. Atkinson said he feels just the opposite of Hafferman; he is against an ordinance that makes something legal today that was illegal yesterday. He said grandfathered signs receive years of advantage and this gives them more of an advantage. It is fairer to everyone else if grandfathered signs go away. Olson commented the purpose of a sign ordinance is to even the playing field. This is really good public relations work by staff to recognize a problem and try to tape care of it. There was no further discussion. The motion carried upon roll call vote with Gabriel, IIafferman, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Atkinson voting against, and Kluesner absent. Kalispell City Council Minutes .tune 2, 2008 Page 3 E15. ORDINANCE 1640 — HERITAGE WAY PARKING RESTRICTIONS -- 1ST READING Ordinance 1640 prohibits vehicular parking on either side of Heritage Way beginning at the intersection of Heritage Way and Sunnyview Dane for 480 feet. Saverud moved first 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 'may 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. Patrick gave a staff report and answered questions. There was no further discussion. The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Larson, Olson, Saverud. and. Mayor Kennedy voting in favor, Atkinson voting against, and K uesner absent. F, MAYORICOUNCILICITY MANAGER'S REPORTS No Action Mayor Kennedy explained that the preliminary budget was removed to allow for an additional work session, but that Council does need to adopt it by the end of this month. Olson asked for a skateboard work session. Patrick responded a community meeting will be scheduled as soon as the calendar allows. Patrick recognized Brett Bouda from the audience, the photographer who put together the picture in the Council Chambers. Patrick informed Council about a recent restroorn fire at the swimming pool and he encouraged everyone to vote tomorrow. G. ADJOURN The meeting was adjourned at 7:43 p.m. ATTEST: Theresa White City Clerk Pamela B . Kennedy Mayor Kalispell City Council Minutes June 2, 2008 Page 4