1. Council Minutes - Regular Meeting - January 17, 2006A REGULAR MEETING of THE KALISPELL CITYCOUNCIL WAS HELD A * o0
P.M., TUES A , . AI T ARY 17, 200, IN THE COUNCIL CABERS AT CITY HALL IN
KA ISPE , M NTAl A. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON KARI GABRIEL, BOB HAFFERMAN, BOB HERRoN,
RANDY KENYON, TIM KLUESNER, AND HANK O SON WERE PRESENT, COUNCIL
MEMBER DUANE LARSON WAS ABSENT,
Also present: City .manager .lames Patrick, City Attorney Charles Ha.rball, City Clerk Theresa White,
Airport Manager Fred Leistiko, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Police
Chief Frank Garner, Public Works Director Jim. Hans , Public Works Assistant Engineer Frank
Castles, and Planning Department Director Tom .let.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Olson moved approval of the Agenda* The motion was seconded%
There wasno discussion.
The motion crrled unanimously upon vote with Larson absent.
CONSENT AGENDA APPROVAL
1. Council Minutes — Re lar Meeting January 3. 200
2. Proclamation — '.Toastmasters Da — Januar 2, 0
Kenyon moved approval of the Consent Agenda. The motion was seconded.
Mayor Kennedy read the proclamation.
There was no discussion.
The motion carded unanimously upon vote with Larson absent.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Bob Stauffer, Schwarz ineering, commenting on agenda Item E 3, stated the sidewalks ire
question were built under the old standards, not the new. In addition, he said Kalispell'Kalispell's sidewalk
regulations are in conflict with the Montana Public Forks Standards which are referred to in the City
standards.
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Wayne Tumer, Empire Estates developer, admitted that there is not six inches of gravel under every
sidewalk alk in Empire Estates, but he has an engineer's report, and a report from the City engineer,
accepting those sidewalks.
Charles Lapp, Blue Heron developer, said ghat bothers him most about the sidewalk issue is that the
City has indicated developers are trying to steal something from the homeowners. He said sub-
standard sidewalks don't necessarily mean defective sidewalks and he feels tearing up a bunch of
sidewalks is premature. Lapp suggested the Council require a long-term warranty, adding he would
be happy to got a certificate of deposit for however long the City wants.
,hackie Kieser, 545 2 d.venue East, speaking in support of the lighting standards, presented several
different examples of easy and inexpensive fixes for non -conforming formi lights. She asked the Council,
however, to change the residential conformance date from January :1., 2007 to the original
recommended date of September 1., Zoo .
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
L ORDINANCE 1563 — ZONING TEXT AMENDMENT — LIGHTING STANDARDS
ST READING (Tabled led. t the December 5 meetin
Several amendments to the recently adopted lighting standards were suggested by staff as a result of
working with the regulations over the past couple of months.
Kenyon moves to remove ordinance 1.563 from the table. An ordinance amending the
Kalispell Zoning ordinance (ordinance No. creating new Chapter 27.22A, outdoor
Lighting Standards, declaring an effective date, and authorizing the City Attorney to codify
the same). The notion was seconded.
The motion carried unanimously upon vote witb Larson absent.
Jentz gave a staff report.
Mayor Kennedy reported that Larson is on vacation and even though he can not enter a vote on any
of the issues this evening, he wanted the Council to .nor how he would have voted and provided
written comments that she will read at the appropriate times.
Mayor Kennedy read Larson's statement on the lighting standards: "I support the amendments
proposed because these changes will indeed make the ordinance more user friendly. l feel both those
looking for a more stringent standard and those who would like to see less stringency would both
propose further 'tweaking'. It seems we have reached a reasonable compromise, and should approve
the standard with the proposed changes, with further evaluations of its effectiveness and future
changes if necessary."3
Atkinson commented that .l ieser*s request to require residential compliance by September 1, 2006 is
appropriate.
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Atkinson moved to amend Ordinance 1563 by changing Exhibit A Non -Conforming Lighting,
to read: "Residential lighting that does not conform to the regulations shall be brought into
compliance with those provisions relating to rixtures and lamps by September 1, 2006". The
Motion was seconded.
Gabriel said eve-n though she agrees in spirit, she feels the homeowners should be given a full year to
comply.
The motion to amend failed upon vote with. Atkinson and Kenyon voting In favor, Gabriel,
Hafferm n, Herron, Kenyon, Kluesner, Olson, and Mayor Kennedy voting against, and
Larson absent.
Haffrrran commented that if the City has a regulation the regulation should be enforced, and this
regulation as it stands will be a nightmare to enforce with regard to residential lighting. He proposed
that several changes pertaining to residential lighting will make this a more usable document.
Haf erman moved two amendments to Ordinance 1 * 1 Amend Exhibit A, Non -Conforming
Lighting, Definitions, Glare, to read; "A luminary that shines intensely beyond the boundaries
of the property on which the luminary is located* An unshielded porch light, notion light or
yard light is considered to emit glare if the unshielded bulb is visible from the neighboring
property", and 2 Amend Exhibit A., Non -Conforming Lighting, second paragraph, to read:
"Residential lighting that emits glare shall be brought into compliance with these regulations
by January ar , 2007". The motion was seconded.
Jentz ans rere estr ons.
Herron said he .feels H . 'erman.'s amendment o gl
are .re is a good amendment t because it's not as
subjective as the original wording.
Olson noted he doesn't necessarily disagree with Haf 'ernan, but people have spent hours discussring
these standards and he's going to stay with the original motion.
Kenyon agreed, stating this ordinance has been "tinkered to death'.
l afferman reiterated that his reason for the amendments is to make the ordinance enforceable.
The motion to amend failed upon roll call vote with Haf errnan, Herron, and Klesner voting
in favor, Atkinson., Gabriel, Kenyon, Olson, and mayor Kennedy voting against, and Larson
absents
Jentz answered questions.
Herron moved to amend Ordinance 1563 by changing Exhibit A, Non -Conforming Lighting,
second paragraph, to read: "Residential lighting that does not conform to the regulations shall
be brought into compliance with those provisions relating to fixtures and lamps by January 1
00 . The notion was seconded.
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January 17, 2006
Herron commented the biggest problem with this ordinance will be existing; structures and the time
limit for conformance should be the sane for residential and commercial.
Gabriel explained the Planning Board gave the businesses three years because it could cost some of
them thousands of dollars to comply, whereas the cost for residential owners is minimal.
Kenyon stated the date for residential compliance should be left the way it is because the costs are
different, and because he doesn't thinly it make sense to bundle commercial and residential buildings
together.
Haffer nan said he will vote for the amendment because it doesn't make sense to have two different
standards.
The motion to amend balled upon roll call vote with Har erman, Herron, and Klnesner voting
in favor, Atkinson Gabriel, Kenyon, Olson, and Mayor Kennedy voting against, and Larson
absent.
There was no further discussion}
The main motion with no amendments carried upon roll call vote with Atkinson, Gabriel,
Kenyon, Olson., and Mayor Kennedy voting in favor, Har errnan Herron, and Klnesner voting
against, and Larson. absent.
E. ORDINANCE 1564 - ZONING ORDINANCE ADDENDUM — ARCHITECTURAL
DESIGN STANDARDS —1ST READING Tabled at the December 5 meetin
This ordinance creates architectural design standards for new commercial and multi -family
developments.
Atkinson moved to remove ordinance 1564 from the table. (fix 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
sane) The motion was seconded.
Jentz gave a staff report, stating one of the biggest concerns expressed at the last meeting was that
the standards included "shall '" and "shoulds". He explained the "bshalls'" are existing regulations that
are on the books right now, and the "shoulds" are recommendations that the City would file to see.
Mayor Kennedy read Larson' s statement on the architectural design standards: "My vote would be in
support of ordinance 1564. In past discussions of this item, 'm afraid I was sidetracked by my
rhetoric. Should we call it a guideline or a standard? I realize now it doesn't really natter, the
document serves both purposes. The "shal s" are already on the books and the "shoulds" will
encourage those designing and building to make Kalispell a better community. These standards
should apply to all development within the city limits except single family dwellings and duplexes."'
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Hafferman said that every component of this document has a standard or regulation already adopted
by the Council and It could create a conflict, therefore, we need to clearly define the purpose and
order of precedence of this document.
H fferman proved to amend Ordinance 1564 by changing the WHAT on Page 4, Kalispell
Architectural Design Standards, to read: "his document is meant to assist developers o
commercial property by empbasizing components of existing Standards and Regulations,
adopted by the City Council and revised from time to time, in order to better represent the
vision the City Council wants for a development". The motion was seconded.
When questioned, Jentz answered that Rafferman's notion would clarify the City's intent.
Atkinson said he doesn't have a problem with the WHAT that's there; it's more of a ease of
semantics and he will stay with the Planning Board recommendation.
The amendment carried upon roll call vote with. H f errn n, Herron., Kluesner, Olson, and
Mayor Kennedy voting in favor, Atkinson, Gabriel, and Kenyon voting against, and Larson
absent.
H fferman moved to amend ordinance 1564 by chunking the WHEN on Page 4,Kalispell
Architectural Design Standards, to read: "'Anytime new development occurs, this document
shall apply except for single family residences and duplexes. conflicts arise between
components of this document and Standards and Regulations adopted by the Council, the
Standards and Regulations shall take precedence over this document". There was no second.
Haffernn moved to amend ordinance 1564 by changing the title of this document from
Architectural Design Standards to: Architectural Design Guidelines. The motion was
seconded.
Gabriel stated she will not support the amendment because guidelines "have no meat to them'" and
the Architectural Review Committee needs standards to do its job effectively.
Mayor Kennedy, Kenyon, and Atkinson agreed.
The motion to amend failed upon a tied roil cull vote with H f er n.an, Herron, Kluesner, and
Olson voting in favor, Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting against, and
Larson absent.
ar ali answered questions from Kluesner.
l a fennan said he will not he voting; in favor of this document because it will create conflicts and
it's "'really stupid" to go in that direction.
The main motion with one amendment carried upon roll call vote with Atkinson., Gabriel,
Kenyon, Olson, and Mayor Kennedy voting in favor, Hafferman, Herron, and Kluesner voting
against, and Larson absent.
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E 3. RESOLUTION 5085A OR 5085E — SUBDIVISION SIDEWALK M RoyEM N S
Resolution 5085A requires that sidewalks not meeting City specifications shall he removed and
replaced. Resolution 50provides the developer with the option of replacing the sidewalks, or
leaving then . in place and providing the City with a payment for their reduced value.
Gabriel moved Resolution 5 15E a resolution to require all sidewalks, not accepted by the
City and not meeting the design and construction standards of the City for sidewalks, to either
be removed and replaced with sidewalks that do meet these standards or to allow the developer
to agree to submit payment to the City to address the deficiency according to certain
e9
ineerl schedules. The motion was seconded.
Patrick gave a staff report.
Mayor Kennedy read Larson, s statement on the sidewalk issue: "'Resolution 5085B seems to be a
reasonable and fair option to sidewalks built during the 2005 construction season that are not
compliant with city standards. The reasons why I feel. this option is best are as follows: Resolution
5055E provides 1 reasonable protection for the city and homeowners should future sidewalk failure
occur, the least amount of disruption for homeowners who have already installed landscaping,
lawns,, driveways, sprinkler systems and other amenities, reasonable value for the sidewalks that
have been installed, and for the removal and replacement of hose sidewalks not reaching an
absolute minimum standard. This resolution should be used as an educational tool for engineers,
contractors, and developers. It is a one time only solution. All sidewalks constructed post December
31 2005, will be inspected and monitored for adherence to city standards and removal of those not
meeting standards will be ordered out immediately".
ansz answered questions.
Hinson said Resolution 5055E is a good resolution for everyone and will protect the citizens in the
future. He said it will also provide a level playing field for developers and inform them that staff will
be monitoring development.
Herron emphasized this is only a one time solution for work that has already been dome.
;l afferman noted that Lapp brought up a good point in regard to a developer being able to furnish a
warranty or a cert f cate of deposit that is held by the City, but is drawing interest at the same time.
e feels that would be a good solution rather than ripping out all of the sidewalks.
Hafferman moved to amend Resolution 50by adding the following option to Section 11,
"d r a warranty satisfactory to the City". There was no second.
Haffermn moved to amend Resolution 50by adding the following option to Section
Id construct a sidewalk In another location In the City, designated by the Director of Public
Worms, of equal length to the non -conforming sidewalk". The motion was seconded.
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Patrick advised the Council not to consider the amendment because it would be taking money array
from the homeowner who paid for the sidewalk in good faith and would expect 'it to be replaced if it
failed. He said the amendment proposed by lafferman would be taking that homeowner's dollars
and putting it someplace else which could open up the City to a lawsuit.
The amendment failed upon Droll call vote with Haf er man. and Kluesner voting In favor, and
Atkinson, Gabriel, iel, Herron, Kenyon, Olson, and Mayon Kennedy voting against, and Larson
absent.
Olson suggested setting a time frame for the bond so that if the sidewalk does perform, the money is
returned to the developer.
Patrick said a well constructed sidewalk should last between 20 and 25 years. He said instead of
giving the money back, he would suggest setting up a specific fund and at the end of 20 or 25 years
akin; an investment in that subdivision.
There was further discussion and Hansz answered questions.
Kluesner roved to amend Resolution 50y adding Section ry stating: "The Public Worms
Department, will within six months, review current sidewalk design and construction
standards, determine if the current standards should be revised, and bring a proposal for
needed changes before the City Council". The motion was seconded,,
Mayor Kennedy declared even though h. she concurs with the process, she d esn#t believe the motion
belongs in this resolution and she would rather see the Council direct the staff to do that at a later
date.
Kenyon agreed, stating the Council can approach the Public Works Department for this request at
any time,
K uesner countered that while the Council can request anything at anytime, he would like the
Council to quit "'pussyfooting around" and tale care of it while they're on the subject.
Hafferman agreed with Kluesner, stating the amendment isn't gain; to hurt anything.
Gabriel suggested Kluesner withdraw the motion and make a separate directive to the City Manager
and public works.
Kluesner agreed to withdraw his motion and reserve the right to male a separate directive.
The second concurred.
red.
`here was further discussion and Patrick answered questions.
The main motion with no amendments motion carried upon roll call vote with Atkinson.,
Gabriel, Hafferman, Herron, Kenyon, Klaes ear, and Mayor Kennedy voting in favour, Olson
voting against, and Larson absent,
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E 4. FINAL PIAT — BLUE HERON ESTATES PHASE 3
This 's a request for final plat approval of Blue Heron Estates, Phase 3, which creates 14 lots on
approximately eight and a half acres located on the west side of Stillwater Road north of Three Mile
Drive.
Atkinson moved Council accept the Subdivision Improvement Agreement and approve the
final plat for Blue Heron Estates Phase 3. The motion was seconded.
Jentz gave a staff report and answered questions.
The motion carried unanimously upon vote with Larson absent.
E . INTERLOCAL AGREEMENT — CITY of KALISPELL AND FLATHEAD
COUNTY — CITY AIRPORT " AFFECTED AREA
This agreement sets out the procedure for adopting the rules and regulations of the City Airport
affected area.
Kenyon moved the Council give the Mayor the authority to execute the Interlocal Agreement
and direct that it be forwarded on to the Flathead County Commissioners for their
consideration. The notion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon vote with Larson absent.
E . RESOLUTION 50— RATE INCREASE — KALISPELL AMBULANCE SERVICE
This is a request to increase ambulance transportation rates due to increases in costs over the past
four years, and changes in reimbursement required by Medicare and Medicaid.
Atkinson moved Resolution tion 5086, a resolution amending Resolution No. 4694, by revising
ambulance rates for the use of the Kalispell ambulance service and declan*ng an effective date.
The motion was seconded.
rodeil gave a staff report.
Mayor Kennedy read Carson's statement on Resolution 508 : "' support this rate increase for reasons
outlined by Chief Brodehl. Invoicing requirements by Medicare and Medicaid and a for year period
of increasing; operational costs make an increase necessary. This enterprise operation is valuable to
the City in many ways and needs to be kept viable. The Council should look at these rates annually
and adjust accordingly".
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Olson said the City needs to give all the help it can to the volunteer fire departments so that they can
become more involved, and the City can become less involved, and lower our 50 mile radius of
service.
The motion carried unanimously upon roll call vote with Larson. absent.
7. ORDINANCE 1565 — LIMITING TRUCK TRAFFIC — IST READING
Ordinance 1565 would limit through truck traffic on Northridge Drive vest of Sherry . are to
ar ridge Drive, and Parkridge Drive from. Northridge Drive to Stillwater Road.
Gabriel moved first reading of ordinance 1565, an ordinance amending Kalispell City
Ordinances No. 741, 907 and 1196, codl ed as Kalispell City Code 1 - -2 prohibiting trucks
on certain streets and declaring an effective date. The motion was seconded.
Garner gave a staff report and answered questions.
Gabriel said she has several friends in that area that have expressed concerns about the increase in
truck traffic and she hopes ordinance 1565 will help alleviate the problem.
Mayor Kennedy read Carson's statement concerning Ordinance 15 : "In recent months, several
Northridge residents were concerned with traffic safety issues in their neighborhood. Their concern
centered around the fact that Northridge Drive had become a thoroughfare without any traffic control
devices between' . S . Highway 93, west all the way to Stillwater Road. The Council allayed some of
those concerns by allowing the installation of a 4 way stop at Sherry Lane and Northridge Drive.
This is greatly appreciated by residents of that area, one concern remains; larger trucks have found
this route to be a shortcut for them and are using it as a thoroughfare} merge trucks, loaded or
unloaded, and residential areas don't mix. I believe the Council needs to take whatever steps they can
to reduce the potential of a pedestrian/truck or track/automobile accident from occurring in the
residential neighborhood. Ordinance 1 5 will at least mitigate that potential"'.
The motion carried unanimously upon roll call vote with Larson absent.
Mayor Kennedy said she agreed earlier that Kl esner could make his motion and offered him the
floor.
Klue ner moved that the Public Works Department will within six months review current
sidewalk design and construction standards, determine i the current standards should e
revised,, and bring a proposal for needed changes before the City Council. The motion was
seconded
Kenyon asked if a motion can be made that wasn't posted on the Agenda.
Har all said it would be better if the Council just gave staff a directive without a formal motioll.
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Mayor Kennedy asked if anyone would have a problem with removing; the notion and directing the
staff to review the sidewalk standards.
Atkinson said he has a problem with it because the Council has just set up a system for those
developers that aren't in compliance, telling others they will be watching for compliance n. the
future, and now you want the staff to review the standards again.
Mayor Kennedy suggested rattier than addressing this item this evening, the Council can ask the City
Manager to place it on a work session.
Klux ear withdrew his motion. The second concurred*
F, MAYo COUNCIL CITY MANAGER'S REPOR S i
Mayor Kennedy extended sympathies to the family of Frank Morrison, who passed away recently,
and congratulated City Manager Jinn Patrick and his wife, Anita, on the birth of their baby boar.
Olson asked staff to look into the possibility of the Council, not the Planning Board, making the
decisions on cash in lieu of property like the Columbia Falls Council does.
Atkinson said he was saddened by the loss of two young people killed by an avalanche near Olney
and offered their families his best wishes.
Patrick extended condolences to Judi Funk and her family on the loss of her father.
G. ADJOURN
0URN
The meeting was adjourned at 935 p.m.
AT-f EST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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