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1. Council Minutes - Regular Meeting - February 6, 2006A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT . o P.M,,, MON AY, FEBRUARY 6., 2006, IN THE COUNCIL CHAMBERS AT CITY HALL N KA I SPELL, MONTANA, MAYOR. PAME A B. KENNE Y PRESIDED, COUNCIL MEMBERS JIM ATKINSON, KARI GABRIE, BOB HAFFERM N, BOB HERRON, RANDY KENYON, TIM KLUESNEK DUANE IARSoN, AND HANK o .. SON WERE PRESENT. Also present: City Manager James Patrick,, ,, City Attomey Charles Harball, City Clerk Teresa White, Public Works Director Jinn Hans , Police Chief Frank Garner, Fire Chief Randy Brodehl, Kalispell Planning Department Director Tom Jentz and Recording Secretary Judi Funk. Pars and Recreation Director Mike Baker arrived at : 5 .m. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL .parson moved approval of the Agenda. The motion was seconded,, There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL .. Council minutes T R 1ar MeetiDg January 17 0 2, ordinance 156 — Limitijm..ruck Traffic 2 d Readies Ordinance 1565 would limit through truck traffic on Northridge Drive vest of Sherry Lane t Par rid e Drive, and Par rid e Drive from Northridge DrIve to Stillwater Road. Ordinance 1565 passed on first reading January 1. Kenyon moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion. carried unanimously upon roll call vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT Major .mark vector, 2985 Highway 93 North, presented Mayor Kennedy with a certificate of appreciation for her participation in the "Christmas at our House" dinner. Kalispell City Council Miflutes February 6, 2006 Page 'I Erica Wirtala, Sands Surveying, stated she is available for questions oin the Granary Ridge final plat. o Lynn Ye ne, Bigfork, stated she is .representing the Side i s family and spoke on the conditional use permit, annexation and zoning of Town Pump at Four Corners. She said the family does not object to the annexation or zoning, but does object to a casino operation because it is too close to a residential area. She said this valley does not need any .more casinos and asked for additional conditions on the CUP including a buffer of trees on the west and south borders and adequate paved parking. DoDna Johnson, , 1322 'whitefish Stage Road, Big Sky Properties, spore in support of the Bonner annexation and zone change and stated she is available for questions. Tom Richardson, 600 South Main, Butte, Montana Commerce corporate counsel, spoke ire support of the conditional use permit, annexation and zoning of Town pump at Four Corners and gave a brief description of the project. He asked that Condition 6 (The applicant shall be required to hook up to city suer and water prior to occupancy of the tavern/casino) be amended so they can continue to use the existing; well, that Condition 1 A minimum 5 foot landscape buffer as provided for in the zoning ordinance shall be incorporated into all new parking areas and this condition is extended to include any existing and all proposed parking areas along; the eastern border of the property abutting US 93) be amended so they don*t have to buffer around the existing parking, and that Condition 5 (In order to address pedestrian circulation and in lieu of a sidewalk, , the applicants shall extend a min im um 10 foot wide bike path along; the frontages of both Cemetery Road and U S 93.....E be amended to a five foot pathway. Lyle Casson., boo South Main, Butte, Montana Commerce marketing manager, stated they would like the option of using some .neon lighting, adding that a small portion of neon can be tastefully done. He asked the Council to allow the Architectural Review Committee to use their discretion in the matter of lighting and remove Condition 10 (Neon lighting shall not be incorporated into the total building or signage design). He also stated that the casino signage should be 39.8%, comparable to the building usage, not o as stated in Condition. 11.. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL .ACTION E I. ORDINANCE 1563 — ZONING TEXT AMENDMENT — LIGHTING STANDARDS — 2ND READING 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, Ordinance 15 63 passed on first. reading January 1. . Atkinson moved second reading of Ordinance 1563, an ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1o), bycreating new Chapter 27.22A, Outdoor Lighting Standards, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Kalispell City Council Minutes February , 2006 Page aerman said .he agrees with the precepts of lighting standards, but we should have a regulatioln that works our way out of the problem; instead, this 1s going to dump on the homeowners by only giving them one year to comply and those lights create less of a problem than commercial. He said e is interested to see how the ordinance will be enforced. The notion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor and Hafferman, Herron and Klnesner voting against. E . ORDINANCE 15 — ZONING ORDINANCE ADDENDUM — ARCHITECTURAL DESIGN STANDARDS — 2N1 READING This ordinance creates architectural design standards for new commercial and multi -family developments. ordinance 1564 passed on first reading January :1 . Kenyon moved ordinance 15, an ordinance creating an addendum to the Kalispell Zoning Ordinance (ordinance No. 1460), by adopting Architectural Design Standards, declaring an effective plate, and authorizing the city attorney to codify the same. The notion was seconded. Hafferao said be has no objection with using this to assist developers, but to call this a `'Sta.da.rd" will eventually lead to conflict. He wondered if the government is here to benefit the citizenry or to control them. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson. and Mayor Kennedy voting in favor, and Hafferman, Herron and Kln sner voting against. E/3. RESOLUTION 5087 —ANNEXATION — JAMES AND KAREN HOLM UIST James and Karen Holmquist are requesting annexation of approximately two and a half acres located at 405 Vest Evergreen DrIve just east of Whitefish Stage Toad. Larson move. Resolution 5087, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including therein as an annexation certain real property, more particularly describe. on "Exhibit A", located. in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Holmquist. Addition No. 37 ; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Jentz gave a staff report on the annexation and zoning and answered questions. afferman recommended that If they ever decide to sell, they get a geote bnieal report on the .hillside. The notion carried unanimously upon roll call vote. Kalispell City Council Minutes Page E . ORDINANCE 15 — INITIAL ZONING — JAMES AND KAREN HOLMQUIST 1 ST READING The .olmgo sts are requesting an initial zoning designation of -2, Single Family Residential, upon annexation of the above mentioned property. Gabriel moved Ordinance 1566, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as Assessor's Tract 5A located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R- (Single Family Residential), in accordance with the Kalispell Growth Policy Zoo and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. E 5. RESOLUTION 50 — ANNEXATION LUTHER FRENCH Luther French is requesting annexation of approximately one acre located at 1624 Woodland Avenue. Kenyon moved Resolution 5088, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including therein as an annexation certain real property, more particularly describe. on `Exhibit A''. located 'n Section 17, Township 28 North, Range 21 west, P.M.M.,, Flathead County, Montana, to be known as French .Addition No. 375, to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Jentz gave a staff report on the annexation and zoning and answered questions. There was no discussion. The motion carried unanimously upon roil call vote. E, ORDINANCE .5 — INITIAL ZONING — LUTHER FRENCH 1ST READING Luther French is requesting an initial zoning designation of R-2, Single Family Residential, upon annexation of the above mentioned property. Larson moved first reading g of Ordinance 1567, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No, 1460), by zoning certain real property described as Assessor'sTract 6BA, 6HA, 6HB, 6A. and Lot 32A., Block .I of Green Acres located in Section 1 ,"Township 28 North, Range 21 west, P.M.M., Flathead County, Montana (previously zoned County R-2, Suburban.Residential) to City R- (.dingle Kalispell City Council Mina cs Page Family Residential), 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 roil call vote. E 7* RESOLUTION 5089 — ANNEXATION � JOHN AND BOBBI BONNE. John and lob � Bonner are requesting annexation of approximately one half of an acre located at 322 Whitefish Stage Road, north of West Evergreen Drive. Gabriel moved Resolution 5089, a resolution to provide for the alteration of the boundaries of the City of Kalispell by 'including therein as an annexation certain real property, more particularly described on "Exhibit ", located in Section 32, Township 29 North, Range 2 West, '.M.M., Flathead County, Montana, to be known as Bonner Addition No, 7 ; to zone sal€ property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The -notion was seconded. . Je .t; gave a staff report on the annexation and zoning and answered questions. Hafferman commented he doesn't t ..Ink the Council should change the zoning from the requested B- . to R-51 without having the ro e y owner's response. Olson commented he reels the 1 .-5 zoning designation is a good compromise. Gabriel explained the planning board didn't want a gas station, car wash, or deli, etc., putting more ears onto Whitefish Stage. She said the owners kept t saying it would be perfect .for a professional office so the board opted for R-5 . Herron asked about primary uses in the B-I zone and stated he thinks the planning board is micromanaging the property. Hafferman reiterated there's not a lot of difference between are R-5 and a B-I zone. He said he's concerned that the owner hasn't been allowed to comment. Hae,r.n.an moved to table Resolution 5089 to the next meeting. There was no second. There was further discussion. The notion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Klnesn r, Larson., Olson and Mayor Kennedy voting in favor, and Hafferman abstaining, Kalispell City Council Minutes February 6, 2006 Page 5 E , ORDINANCE 15 — INITIAL ZONING -o N AND BOBBI BoNN R — 1ST ;DYNE The Bonners requested an initial zoning designation of B-1, Neighborhood Buffer District, upon annexation of the above mentioned property, however, the planning board is recommending the property be zoned -5, Residential/Professional office. Larson moved first reading of ordinance 1.568, an ordinance to amend Section 7.0 .010, OfTicial Zoning Map, City of Kalispell Zoning Ordinance, (ordinance No. 1460), y zoning certain real property described as Assessor's 'bract 5F located in Section 32, Township 29 North, Range 21 west, P.M.M., Flathead County, Montana (previously zoned County A-1., Residential Apartment) to City It-5 (Residential/Professional once), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded,. Herron asked Harball hove the findings of fact would need to be changed if he were to make an amendment to change it to B-1. Harball said the Cool needs to state its reason why the property would be more appropriately zoned B-1. The motion Barried upon roll call vote with. Atkinson, Gabriel, Kenyon, .Larson., oison. and Mayor Kennedy voting in favor, Herron and Kl esner voting against, and Hafferman abstaining. . . CONDITIONAL USE PERMIT — JODY MIDDLETON AND LORI FISHER ,body Middleton and Lori Fisher are requesting a conditional -use permit to allow the construction of three -unit townhouse in addition to a single family residence that currently exists on the property located at 1310 6th Avenue West. Gabriel moved Council approve the conditional use permit for Jody Middleton and. Lori Fisher with the attached conditions. The notion was seconded. Jentz gave a staff report and answered questions. Kl es er commented this is a change from the normal role and he"s afraid this 1s setting a bad precedent. Olson stated townhouses have become very poop lar and unless somebody can tell him why this 1s worse than .Four houses he doesn't understand why the Council should have a problem with it. He said this is a good example of 1f111 and it is well done. The motion carried unanimously upon vote. Kalispell City Council Minutes February 'age ' 1o.:FINAL PLAT — LA MEW SUBDIVISION This is a request for final plat approval of LaMew Subdivision that plats three single family residential lots on approximately two-thirds of are acre located at the north side of East Center Street between Fourth Avenue East and Woodland Drive. Larson moved Council accept the Subdivision Improvement Agreement and approve the final plat for LaMew Subdivision. The e motion was seconded. Jentz gave a staff report. Olson questioned the practice of approving final plats prior to the construction being complete.. e said he's seen the City get buried with the amount of bond being posted with the Subdivision 'Improvement Agreement because it doesn't always cover the cost of correcting what is wron. . Jentz responded that the State allows for a developer to post bond for the remaining mprovemen.ts, but the law doesn't specify a percentage. lie sa .d it"s the Cit 's prudent poIley t at at least two thirds f the improvements be in place prior to final plat bonding. Atkinson questioned the lack of sidewalks. Jentz answered sidewalks were not requIred during preliminary plat approval. The motion carried unanimously upon vote. E I1. FINAL PLAT — APPLEWAY BUSINESS 'ARK This is a request for final plat approval of Appleway Business 'ark that plats six commercial lots o approximately one and a half acres located on the south side of Appleway Drive immediately west o the South Meridian intersection. Larson moved Council accept the Subdivision Improvement Agreement and approve the final plat for Appleway Business Park. a motion was seconded. Jentz gave a staff report. There was no discussion.. The motion carried unanimously upon vote. E/12. FINAL PLAT — NORTHLAND SUBDIVISION POSE This is a request for final. plat approval of Northland Subdivision Phase 2, a 33-lot residential subdivision and meown.ers° park on approximately two acres located to the vest of Northridge Subdivision and north of Meadowland Subdivision. Kalispell City Council Minutes February 6, 2006 Page Kenyon roved Council accept the Subdivision Improvement Agreement and approve the final plat for Northland Subdivision Phase 2. The motion was seconded. Jentz gave a staff report and answered questions. Olson stated he will vote against this final plat approval Just to rake a point about the high amount of the Subdivision. Improvement Agreement bond $ . 2# 31.0 . Herron said in defense of the development and building community, sidewalks continually get damaged if they are put 1n prior to housing construction. He said as long as there is an adequate bond posted it only makes sense to approve the final plat and allow the sidewalks and landscaping to be completed last. The motion carried neon vote with Atkinson, Gabriel, H ffernn n, Herron, Kenyon, Kln sn.er, Larson and Mayor ,Kennedy voting in favor, and Olson voting against. 1. FINAL PLAT — GRANARY RIDGE SUBDIVISION This is a request for final plat approval of Granary Ridge Subdivision, a 1.6-unit townhouse subdwision on approximately two and a half acres located on the east side of whitefish Stage between brayer Way and the Edgerton School access. Larson moved Council accept the Subdivision ivision n rovement Agreement and approve the final plat for Granary Ridge Subdivision. The motion was seconded. Jentz gave a staff report and answered questions. Hafferman stated even though all of the preliminary plat conditions have either been completed or bonded., he will abstain from voting because this project did not .have to follow the same requirements that similar projects had to go through. Kluesner asked for are explanation of -Ia erma 's eomment.. Jentz explained the zoning for this property is RA-1, M l.ti-F'arrily. He said instead of building a single apartment complex the applicant proposed building two -unit townhouses and a PU agreement was signed. Jentz said the proposal was a creative compromise for development to A. maintain some density as the zoning allows, but to allow an ownership opportunity different from an apartment complex. Kenyon commented ented he read the geoteehnieal study, which was not available at the preliminary plat stage, and was astounded at the amount of geoteeh ieal work the developer will have to performs. prior to construction. He asked how the City will know whether the developer followed the recommendations. Jentz stated an engineer will have to certify the sites before building permits are issued. Kalispell itv Council Minutes February 6, 2006 Page 8 The motion carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy y voting in favor, and Hafferman abstaining. 'CONDITIONAL USE PERMIT — MONTANA COMMERCE LLC Montana Commerce. is requesting; a conditional use permit to allow the operation of a Tavern/Casino at the current Town Pump gas station located at 291.0 Highway 3 South at the intersection of Cemetery Road. Gabriel moved Council approve the conditional use permit for Montana Commerce, LLC with the attached conditions. The motion was seconded, Jentz gave a staff report. Mayor Kennedy asked if there is a landscape buffer all around the perimeter. Jentz stated right now the condition is just around the r e v parking lot. Gabriel moved to add Condition 13 requiring a hedge/landscape buffer on the south and west boundarfes of the property with a minimum height of six feet at maturity. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Olson moved that Condition .1.2 be amended stating that if staff determines it is not feasible to place the proposed landscaping on private property along Highway 93, then the applicant is allowed to negotiate with MDT to place the landscaping ire the right-of-way of Highway 93. The motion was seconded. There was discussion. The motion carried unanimously upon vote* Atkinson moved to add Condition 14 requiring that greenery be placed between the highway and the pedestrian trail, and the pedestrian trail and the parking lot. The motion was seconded. Atkinson said it would be a safety buffer forpedestrian/bike traffic. Olson commented that down the street from he works there is greenery, sidewalks, then more greenery and in his opin.lon it"s "ridiculous and serves absolutely no purpose". afispel1 City Council Minutes February 6, 2006 Page The motion failed upon vote with Atkinson, Kenyon,.Kluesner and Larson. votlnn ; in favor, and Gabriel, Hafferman, Herron, Olson and Mayor Kennedy voting against. f a `f rman stated the City°s regulations require that the well has to be metered when property has sever only and therefore "water" can be deleted from Condition 6. Jentz responded the Site Review Committee recommended the applicant licant hook to sever and water because both are available. Hafferman said a number of people have sewer only and he sees no benefit requiring them to look up to water. I fferm n moved that Condition 6 be amendedby striking the words "and water"'. The motion was seconded. Herron stated that if they want sever, they should have to take the water too. Kl esner agreed. Jentz addedif a. customer doesn't pay the ,err bill, the water is tumed off. of e .man reiterated it's a user pay system and there is no monetary benefit to the City by making them connect to the grater system. Olson commented that it doesn't make sense to force them to use our water when they've got their own water in their backyard. He said it just costs the City more in the long run. The motion failed upon vote with Hafferman and. Olson voting In favour, and Atkinson, Gabriel, Herron, Kenyon., Kdesner Larson and Mayor Kennedy voting against. Gabriel moved to add Condition 14 requiring a sight obscuring fence and/or landscaping for the garbage. The notion was seconded. There was no discussion. The notion passed unanimously upon vote. Kenyon stated despite the amendments, and with due .respect to the staffs interpretation, he will. not support the conditional use permit because he Feels the City needs to go back to the basic issue of the Soo foot delineation between cas.nos and residential areas. Herron commented that when the building was the Four Corners Bar he assumes it had gambling machines. He said call it a bar or a casino, the neighborhood will be getting a brand new facility t hay s a lot nicer than the Four Corners Bar was. Kalispell City Council Minutes February 6, 2006 'age 10 The main motion., as amended three tines, carried upon roll call vote with Gabriel, Haffernan, Herron, K.lesner, Larson, Olson and Mayor Kennedy voting; in favor, and Atkinson and. Kenyon voting against. 1 , RESOLUTION 5090 ANNEXATION MONTANA COMMERCE IB C This is a request by Montana Commerce, LC for annexation of approximately one acre located at 2910 Highway 93 South at the intersection of Cemetery Road. Gabriel moved Resolution 5090, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including therein as an annexation certain real property, more particularly described on. `Exhibit A", located in. Section 29, Township 28 North, Range 21 West, .M.M., Flathead County, Montana, to be known as Montana Commerce Addition No. 77; to zone said property to accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. There was no discussion. The notion carried neon roll call vote with Atkinson, Gabriel, Hafferman., Herron, Klee ner, Larson, Olson and. Mayor Kennedy voting in favor, and Kenyon voting against. E 1 . ORDINANCE 15 — INITIAL ZONING — MONTANA COMMERCE,. LC — 1ST READING Montana Commerce, LLC is requesting a initial zoning designation of -, General Business, upon annexation of the above mentioned property. Gabriel moved first reading of ordinance 1.5691, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 10, by zoning certain real property describe. as Tract SA (Tract 1 of Certificate of Survey 101) located in Section 29, Township 28 North Range 21 west, *M.M., Flathead County, Montana (previously zoned County I-IH, Highway Light Industrial) to City -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 notion carried neon roll call vote with Atkinson, Gabriel, Haf erman, Herron, Kl a ner, Larson, Olson and Mayor Kennedy voting in favor, and Kenyon voting against. 17. REQUEST FOR PAYMENT of PLUMBING BILLS — CAROL FULLER ON Carol Fullerton has requested the City reimburse her $2,695.00 for fixing a water leak. The City has already paid her $875-00 to offset the total bill of $3,570. 0. Kalispell City Council Minutes February 6, 2006 .gage 11. Atkinson moved Council not authorize payment o $2,695.00 to Carol Fullerton. The notion was seconded* Atkinson stated staff looked at the entire bill and felt that the logical cost of this repair should have been $875.00. He said the bill was just not reasonable. Olson commented Fullerton incurred these costs because of the City'City's misinterpretation of where the leak was located. Haff rman agreed, stating If you are not doing the work, you can always do it cheaper. He said .Berton was told the leak was her problem when it was actually the City"s problem. Mayor Kennedy c arl.fied that the plumber simply dug the trench and found the lead.; the City finished the repair and filled the hole. There was discussion on how the staff determined what a reasonable cost would have been. Gabriel stated she feels Fullerton has been taken advantage of, but she's afraid the City could be setting a dangerous precedent by paying this bill. Olson said everyone agrees the bill is too high, but that's not the point. 'we told her it was her problem and that she had to fix it and then we discovered it was the City's problem. Klesner commented he has rented some of the tools used on this Job and it's very expensive. He said ever though some of the costs may be excessive, the plumber is the one that correctly diagnosed the problem when the City didn't. Patrick noted the bill was prepared seven days after the work was performed, after the plumber discovered 1t was a City problem and the City would probably be paying for the work. He asked if Merton's fight is with the City or the contractor and lathe City is in the position of having to pay someone that is trying to make a couple more dollars. Herron agreed with Hafferman and Olson, stating the City made a mistake. we should pay for it and move on. The motion failed upon vote with Atkinson, Gabriel, and Kenyon voting in favor, and Hafferman, Herron, Klnesner, Larson, Olson and Mayor Kennedy voting against. Herron moved Council approve the reimbursement o $2,695.00 to Carol Fullerton. The motion was seconded. There was no discussion. The notion carried upon vote with Gabriel, Hafferman, Herron, Kl esner, Larson, Olson and Mayor Kennedy voting in favor, Atkinson voting against, and Kenyon temporarily absent. Kalispell City Council Minutes Pin 12 E/18. RE UEST FOR PERMISSION TO PLACE A STATUE IN DEPOT PARK The Elks Veteran's Committee is asking for permission to place a soldier's monument t In Depot Park to honor Flathead military members who gage their lives in defense of our Country. Larson moved Coupe*1 au thorl a the plaeeme o f the Soldier' s Memorial in Depot Park. The motion was seconded. Mayor Kennedy ed read a letter from the Elks Veteran"Veteran"s Committee. (Letter is attached hereto and made a part hereof) Patrick gave a staff report. There was discussion. The motion carried unanimously upon vote. F. .. AYO COUNCI CITY MANAGER'S REPORTS No Action Patrick- k reminded Council that a retreat is planned for e. r a.ry 25 at the Hampton Iran. Patrick congratulated the eight candidates who recently graduated from the Fire Academy and have started working in the Fire Department. Patrick reminded everyone that the City 1s still trying to establish an Impact Fee Committee and asked for applications. G, APJ,OURN The meeting was adjourned at 10-110 p. m. Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes Page 1 Kalispell, Elks Lodge No. 725 February 2# 2006 P.O. Box 790 * Kalispell, MT 59903 406-257-6474 _ Fax -75 --15 8 City of Kalispell tten: City .Manager, Mr. Jiro atr-ck Cltv Hall Kalispell, MT. 59901 Dear Sir: We respectfully request permission to Install a permanent memorial in Depot Park: that will honor those residents of Flathead County who made the supreme sacrifice on behalf of our country. A model of the statue is on display in City Hall. The memorial will he a larger than life statue of a soldier kneeling in front of a temporary grave of a fallen comrade. The base will be 8 feet high and measure about 8 feet wide and 12 feet long. Inscribed on the base wlI I be the names of all those K n all wars from the Spanish American to the Ira with space reserved for KIA.'s 'rom future conflicts. The statue will be positioned at the site of the current memorial, so it can be observed from. Main Street.. It is also requested that the flag pole be relocated so it s directly behind and lined up with the memorial. We would like to 'install I ighfing so the memorial and flag would be illuminated after dark. We request also that the city agree to the construction of a brick walkway leading up to and around the memorial. We propose to sell bricks that can be inscribed with the family name of the donors to pay for the memorial_ 'No commercials, names or labels will be permitted. We would also like to install a security camera on a light pole or on the old depot building_ We propose to install and maintain the memorial with no expense to the city, except for the maintenance of the grounds around the memorial - The fund-raising for the erection of the memorial and its perpetual maintenance will be guaranteed by the Elks Lodge in concert W"th the other fraternal, veteran, and civic organizations. Request your earliest consideration of this request. We shall await your decision on this matter, and Will provide any additional information you may desire. "ours truly, Chuck. Olson Past Exalted Ruler BPOE 4 725 Memorial Fund Chairman 'I