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1. Council Minutes - Regular Meeting - April 3, 2006A. REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7,00 .M., MON AY, APRIL 3, 200 , IN THE COUNCIL CHAMBERS AT CITY HALL IN KA IS E L, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN., BOB HERRON, RANDY KENYoN, DUANE LARSoN, AND HANK o SON WERE PRESENT, KARI GABRIEL AND TIM KLESNER WERE ABSENT, .Also present: City Manager James Patrick, Adjutant City Attorney .Richard Ni el, Public Works Director Jim Hans , Police Chief Frank Garner, Fire Chief Randy Brodehl, Finance Department Director Amy Robertson, Parks and Recreation Director Mike Baker, Airport Manager Fred Leistil o, Senior Planner Sean Conrad, Planner 11 P.J. 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. The motion was seconded. There was no discussion.. The motion carried unanimously upon vote with Gabriel and Kluesner absent. CONSENT AGENDA. APPROVAL ROVA Council Minutes —..Re lar Meeting - March 20 2006 2. Council Mires — Special Meetn - March 2 3. Council Minutes — Special Meet 2 — March 27, 200 . Contract Approval — Pocket Park/meridian Trail Through the Community Transportation Enhancement Program CTEP), the Department of Transportation has agreed to share the cost for a Meridian Trail Pocket Park with the City of Kalispell. Funding for the project is included in the 2005-200fiscal budget. . Proclamation — Child Abuse Prevention and Awareness Month Kenyon moved approval of the Consent t Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Kluesner absent. C. STINT ISSUES None. Kalispell City Council Minutes April 3, 2006 ,gage I D. PUBLIC COMMENT Norge. E. .PUBLIC HEARING - ALLEY ABANDONMENT AND SALE Mayor Kennedy opened the public hearing. Michael Blend, 104 West Bluegrass, asked Council to consider his offer and stated he is available for questions. Mayor Kennedy closed the public hearing. , REPORT COMMENDATIONS AND SUBSEQUENT COUNCIL ACTION /I. RESOLUTION 51 —ABANDONMENT AND SALE OF ALLEY RIGHT-OF-WAY Michael Blend has offered to purchase a parcel of property in Block1 of Ryker Addition originally intended to be used for are alley for $2,000.00. All owners abutting the property have signed petitions to abandon the alleyway. Atkinson moved Resolution 510, a resolution to abandon o the alleyway in Block 1 of Baer Addition and to dispose of and sell such real property. The Motion was seconded. Patrick gave a staff report. .ere was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kl es er absent* F/Z. STREET LAMPS Council has Indicated i wi shes es t revisit the recently adopted outdoor lighting standards 'ollowln8 4-1 a complaint from Jackie Kieser about the new lamps that are being Installed. Kenyon moved suspension of the Flathead Electric Coop replacement of the street lights for two meetings, or one month. The motion was seconded. Patric: explained the lights are being replaced under the standards of the new lighting ordinance with a 50150 grant through Bonneville Power for energy savings. Kenyon asked if the new lights have been tested with a light meter, and if they meet the standards i the ordinance. Hansz responded the City has not tested. them. He said the lamps are designed to direct the fight downward, not up Into the sky, and they do make the lights appear brighter. Hansz .noted the lights Kalispell City Council Minutes April 3, 20 Page conform to the current light standards with an annual savings to the City of approximately $11,600 due to reduced energy consumption. Kenyon suggested staff call FEC and ask if anything is available for screening, such as hoods. There was further discussion about hood mechanisms, pole heights and angles, smaller bulbs, and lighting; around schools. Heirron commented he didn't vote for this lighting ordinance and it's obvious to him that these new fights caret meet the standards. He said he doesn't know how the City will ever enforce the ordinance and stated It should be rescinded. a f ri a . stated this is a good example of a good idea that runs s astray and turns into a problem. H said Keiser" s complaints are j ustified and the City needs to look at the ordinance because this is just the beginning. Haff r an said he feels this is a good ordinance, but he objected to the overnight implementation, adding he's in favor of Kenvo �'s motion. Olson said he appreciates the conceals but all he .has to do is look at Home Depot and he knows the City is headed in the right direction. He said Keiser made some good suggestions in her letter and rattler than the Council holdi.g a bunch of meetings, Keiser should work on a resolution. Larson said he can understand why some people are upset with the new lights, but he doesn't know ghat the City can do. He agreed that delaymz any additional installation for a while will alloy the staff to look into alternatives. Atkinson questIoned whether a month is too long to put FEC on hold. Kenyon offered a friendly amendment delaying any additional installation for two weeks to allow staff to work with FEC. The second concurred. There was no objection. The motion carried unanimously upon vote with Gabriel and Kluesner- absent. /3. RESOLUTION 5107 — RESCIND RESOLUTION 5095 — ANNEXATION — I MK DEVELOPMENT Donald and Mary Kruse are requesting Council de -annex approximately three acres located at 11.25 S-uniayside Drive, Jest west of Ashley Drive. The Council passed Resolution 5095 on March 6, 2006. Kenyon moved Resolution 5107, a resolution rescinding Resolution 5095 passed by City Council o. March 6, 2006 that provided for the alteration of the boundaries of the City o Kalispell by 'Including therein as an annexation certain real property, more particularly described on "Exhibit A", located in Section 18, Township 28 North, , Lange 21 West., P.M.M., Flathead County, Montana, and to declare an effective date. The notion was seconded.. Kalispell City Council Minutes APB 1 3, 26 Page; Conrad explained that shortly after annexing, the landowners discovered that required road improvements is substantially increased the costs to the planned development and that is why they are asking for the rescission. There was discussion and Patrick answered questions. The motion carried unanimously upon roll call vote with Gabriel and Kles er absent. F. RESOLUT ON' 5 o — RESCIND RESOLUTION 5004 — FINAL PLAT — NORTH POINTPOINTE PROFESSIONAL SUBDIVISION Council approved the final plat for North Pointe Subdivision on April 1.8, 2005. It has since been determined that the subdivision regulations do not allow the creation of a. remainder parcel within platted subdivision and because planning board review is required the applicants have requested the final plat be rescinded. Larson. moved Resolution 10 , a resolution to rescind Resolution No. 5004 which approved the Final Plat for the North Pointe Professional Subdivision described as an Amended Plat o Lot 2A of the Amended Plat of Lot 2 of the Amended Flat of Tree Mile Drive Corner and a portion of Lot 20, Bloch 1. of Northwest Tracts located in Section 1, Township 28 North, Mange 21. West, P.M.M., Flathead County, Montana. The motion was seconded,. Conrad gave a staff report and answered questions. There was no -further dis usslorl. The motion carried unanimously upon roll call vote with Gabriel and Kln seer absent. F/5, RESOLUTION 5109 — PRELIMINARY PLAT — RE -SUBDIVISION of LOT 7A OF LOT 7 OF WESTERN ACRES This is a request by Paul and Mary .rusted for preliminary plat approval of a two -lot subdivision on o .28 acres located at 1515 Western Drive. .Kenyon moved Resolution 5109, a resolution conditionally approving the preliminary plat o the Resubdivision of Lot 7A of the Resubdivision of Lot 7, Western Acres, more particularly described as Lot 7A in the SW 1 of Section 18, Township 28 North., Range 21 West, . ,M.M., Flathead County, Montana. The motion was seconded. Conrad gave a staff report. There was no dsussio. The motion carried unanimously upon roll call vote with Gabriel and KJu seer absent. Kalispell City Council Minutes April 3, 2006 11,g F/6. RESOLUTION 511 - FINAL PLAT — TORGERSON ADDITION No. 37 This is a request for final plat approval of a residential subdivision hat contains two lots located. at 1505 Western Drive. Kenyon loved Resolution 5110, a resolution approving the final plat of Torgerson Addition No. 370, located in the SE 1 Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, The motion was seconded. Conrad gave a staff report. There was no discussiorl. The motion carried unanimously upon roll call vote with Gabriel and Kluesner absent. 7, ORDINANCE 1572 — ZONING TEXT AMENDMENT — SIGN REGULATIONS — I.S FADING This is a request from Red Lion Hotels and GVD Commercial Properties to amend the definition o wall signs that are placed on larger buildings. Larson moved first reading of Ordinance 1.572, an ordinance amending the Kalispell Zoning Ordinance (ordinance No. 1, by amending Section 27*2.02, Wall Signs, and declaring an effective date. The motion was seconded. Sorensen gave a staff report and answered questions. Herron stated this i.s a common sense amendment and he Dopes that the Planning Board and Council will look favorably on similar common sense changes in the future. The motion carried unanimously upon roll call vote with Gabriel and Kle ner absent. 8* ORDINANCE 1573 — AIRPORT AFFECTED AREA — 1ST READING Ordinance 1573 adopts a set of regulations to protect the air space within 10,000 feet around the City airport by regulating the height of structures and natural objects. .Larson moved first reading of ordinance 1573, an ordinance establishing regulations in the Kalispell City Airport .Affected Area to provide airspace protection and land use compatibility with airport operations at the Kalispell City Airport and declaring an effective date. The motion was seconded, Patrick commented State legislation requires the City to establish an airport affected area and deals basically with height limitations. Ustio answered oestlorls. Kalispell City Council Minutes April 3, 2006 Page Hafferman stated that his only concern is the issue of condemnation. He read part of the staff memo stating: "The City may, however, wish to investigate other more cost effective possibilities that do not hinder the radio business in any way but eradicates the towers as a hazard to air traffic. Those choices are not available to the City without a power to condemn.'"' Hafferman said the City should follow the state law regarding nonconforming uses and referred to SB 255. He quoted Section 1. of the hill concerning Prior Noncon o.rming Uses: "'All regulations adopted under [sections 3 through 1.91 must be .reasonable and may not require the removal or alteration of any structure or tree or require cessation or alteration of a use that is lawfully in existence when the regulations become effective. Those structures, trees, or uses must be treated as prior nonconforming structures, trees, or uses that may remain or continue, but regulations may prohibit their expansion or their reconstruction or replacement following destruction r substantial damage."' He said this i.s a reasonable lave that limits expansion of a nonconforming existing facility and also gives remedies that our regulations can require as stated in 3 of Section l l : `'The regulations may require the owner of structure or trees to permit the pol .tical subdivision, at its expense, to install, operate, and maintain the lights and markers necessary to warn pilots f the presence off' a * rd." Haffer-man further contrasted the proposed ordinance with SB 255, Section 12, entitled "Acquisition of Private Property Rights when Regulations Not Sufficient". He said our ordinance is modeled after this law, but our ordinance 1s out of context and is used as a regulation, however, we cannot use condemnation as a regulation. lation. afferma continued to point out discrepancies and concluded by saying the statement in the .memo about condemnation .s arnisleading the Council, and the City can pursue a resolution of the tower issue now by removal, replacement, or property purchase and asked that we follow state law and get on with negotiation with the owners of nonconforming uses. He stated he believes this ordinance is necessary, except for the condemnation. Hafferman moved that Section 4a, Nonconforming orm Uses, Subsections and 2, be deleted and the statement "This regulation shall be in accordance with state law as enacted by Senate Bill 255 in the 2005 legislature' be added. The motion was seconded. Patrick stated state law is general in nature, and we need to do something that is specific in nature. He said the ordinance is being recommended by the Airport .effected Area Committee and will .not be used to remove the radio towers. Patrick said we don't want to see a radio station close down, we want to work with the owner, and there are other means of complying and conforming. Nickel noted that SB 255 does not affect the portion of state lair on condemnation. He said here is a separate section, 6 .10. o2, t.ha.t gives general power cities the authority to exercise condemnation. Heckel said in .his opinion, even if the amendment is adopted., it wouldn't change or after what has been provided by the proposed regulations. Hafferman stated that by having that section in the ordinance on regulations, .it will open the door to possible court actions. He reiterated the ordinance needs to state "in accordance with state law Nickel responded he doesn't see any conflict in the ordinance. There was discussion concerning Section 4a, Nonconforming Uses, Subsection 2, and whether the replacement percentage should be 50 or 80. Kalispell City Council Minutes April 3, 2006 Page The amendment failed upon vote with Hafferman votingin favor, Atkinson, Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting against, and Gabriel and Kluesner absent. Kenyon moved o amend Section 4a, Subsection 2, to change 50 to 0 and remove "of its replacement cost at the time of such occurrence". The motion was seconded. There was no discussion.. The motion carried upon vote with. Haller a , Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting In favor, Atkinson voting against, and Ga rlel and Kduesner absent. The main motion., as amended once, carried upon roll call vole with Atkinson, Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, Hafferman voting against, and Gabriel and K-1esn r absent. t.. F . RESOLUTION 51.11. — CALLING FOR THE SALE of BONDS — SID 344 Resolution 5111 calls for the sale of bonds to pay for SID 344 capital improvements oin the old School Station site. Larson moved Resolution. 5111, a resolution relating to Special Improvement District No. 344 Bonds, Series Zoo; authorizing the issuance and calling for the public sale thereof and authorizing the pledge of the revolving fund to the security thereof* The motion was seconded. Patrick gave a staff report. afferr .aD .not d these bonds are for a terra. of 20 years, which is an incremental way of sticking it to the to avers. He said because se the bonds won't mature until 2027, they won't put one dime in taxes toward school children and boobs for the next 20 years; the taxpayers will have to pick up the costs of these services because all of the money that goes into the taxes goes into the `*tax increment slush wid". Ia erman commented he's in favor of getting these bonds sold, but the City should stick. with 15 years, Patrick responded that state law allows an SID to go for 20 years, and can be called earlier if the City w1shes. He said the model e . proposed protects the taxpayers and the businesses and gives mot vafi to the developers to fill the park up sooner rather than later. Herron commented that in are industrial park there should be very little need for police or fire service. Hafferman rebutted there are other methods available that the manager doesn't seem to want to discuss, such as tax breaks to new businesses. The motion ion carried upon roil Bali vote with Atkinson, Herron, Kenyon, Larson, Olson and Mayor .Kennedy voting in favor, Hafferman voting against, and Gabriel and Kluesner absent. Kalispell City Council Minutes Apr i 13, 2006 Page 10. RES LN5.1..2 — . ARKS AND RECREATION FEES Resolution 12 sets the 006-200' parks and recreation fees for pro rar. s such as aquatics, special events., etc. Larson moved Resolution 5112, a resolution establishing park and recreation fees to be charge. y the City of Ka s el 's Parks and. RecreationDepartment and declaring an effective date. The motion was seconded. Baker gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon Droll call vote with Gabriel and Klesnear absent. G. BYO UNCI TY MANAGER'S REPORTS (No Aefionj Patrick stated he attended a DEQmeeting last week regarding the TMDL implementation plan which ill not be implemented this year because there is too much data to father and DEQ grants Kalispell to be part of a "'modeling plan". 'He said there will be additional meetings o.n policy, technical advisory committees, and quality control. Patrick said the implementation plan is corning rapidly and we need to continue to work with DEO so we have an influence on what it loops like. Patrick also reminded everyone that on April 4, 2006 at 7: 0 pm, the consultants on the Parks Master Plan will be in the Council Chambers. He encouraged the public to voice their comments., concerns and recommendations about our parks. H. ADJOURN The meeting was adjourned at 8:40 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes April 3, 26 Page