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1. Council Minutes - Regular Meeting - December 19, 2005A REGULAR MEETING of THE KALI SPELL CITY COUNCIL WAS HELD AT 7*000 P.M., MONDAY, DECEMBER 19,2005, IN THE COUNCIL CHAMBERS AT CITY IIALL IN KALISPELL, MONTANA, MAYOR PAMELA I . IENNE Y PRESIDED. COUNCIL MEMBERS JIM A KINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENO' N IM KLUESNEI� DUANE LARSON, AND HANK o SON WERE PRESENT. COUNCIL MEMBER BOB HERRON WAS ABSENT. Also present: City Manager .dames Patrick, City Attorney Charles Harball , City Clerk Theresa white, Public Works Director Jim Has, City Engineer Frank Castles, Police Cblef Frank Garner, Fire Chief Randy Brodehl, Kalispell Planning Department Director Torn Jentz, 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 Herron absent* , CONSENT AGENDA APPROVAL L 1. Council Minutes — Regglar MeefinR December 5, 2005 . Ordinance 1562 — Initial Zoning — Robert and Alice Ford — 2nd Reading The :Fords have requested a zoning designation or R4, Two Family Residential, for approximately 1.2 acres located on the south side of South Woodland Drive. Ordinance 1.562 passed on first reading December 5. Larson moved approval of the Consent Agenda. The motion was seconded. There was no discussion.. The motion carried unanimously upon roll call vote with Herron absent. C. STUDENT ISSUES None. I . PUBLIC COMMENT Eloise Hill, 467 6th Ave WN, spoke in opposition to Resolution 5083, the signa e increase at Kalispell Center .mall. She said that visual space is important and if the Council passes this resolution, they will be negating the zoning regulations* Kalispell City Council Minutes December 19, 2005 Page George Taylor, 505th Avenue Bast, Chairman of the Planning Board, stated the Planning Board values the Council's input and that the Board hopes the Council gives the lighting ordinance their deepest thought and hardest effort. He compared the lighting ordinance to the growth policy and stated that sometimes es the Board feels out of sync with the Council and that they are trying to look ahead to the future. John Hinchey, 534 4th Avenue .fast, Planning Board member, spoke in favor of the lighting ordinance and the architectural standards. He stated the planning; Board's intention for commercial lighting was to change only the lens of the light, not the pole, etc., and said the " halls" in the ordinance already need to be done, and the "sho ids" are what the Board would like to see done. Bryan Schutt, 614 2nd Avenue East, Planning Board member, expressed some concerns about long- term planning and said he feels there is a breakdown coming. He feels there is a lack of a shared vision within the City and a lack of common procedures, adding that people really care about planning in this valley and the City is doing the best long-term growth right now. Jackie Kieser, 545 2nd Avenue Bash stated she was upset that the lighting ordinance was tabled at the last meeting. She said she has examples of lighting; ordinances from other areas and no one gran dfathered in existing lights and she implored the Council not to allow grandfather n . Kieser read a letter from Mona Charles to the Council about the lighting ordinance. Letter is attached hereto and .hereby made a part hereof) Bruce Ruby, 10Spring Creek., Somers, stated that grandfathering the lighting ordinance may set a bad precedent for other projects coming up. Jack Fallon, 629 Shadow Lane, spoke against Resolution 5084, the Cottonwood Estates sewer resolution. He said Cottonwood Estates should be allowed to connect to the Evergreen Sewer District because the Council already set the precedent of allowing property outside the boundary to connect when it approved the Kelsey Subdivision. Wally Wilkinson, Whitefish, Cottonwood Estates partner, spoke against Resolution 5084 and asked where they went wrong. He said they have done everything the Council has asked and he thought the project was going to be allowed to move ahead, and then he read in the paper they were going to be denied. Doug Siderlous, Bigfork, Cottonwood Estates partner, stated they have addressed all of the issues and asked for a favorable recommendation on sewer service. Brett Birk, 2302 Highway 2 East, spoke in favor of granting Cottonwood access to sewer and stated the City would gain a $ 20,000 hook up fee. Drew H batsek, 117 Shore Acres, Bigfork, stated he supports the lighting ordinance and he does not see it as an obstacle to building. He said that good lights benefit everyone. Kalispell City Council Minutes December 11, 2005 Page 2 E. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/L RESOLUTION 5083 — MAXIMUM SIGN AREA ALLOWANCE — KALISPELL CENTER MALL The Kalispell Center Mall has requested an increase ire the maximum sign area allowance for the mall property. Kenyon moved Resolution 5083, a resolution to approve the sign permit application submitted y the Kalispell Center Mall property owner allowing for si na a in excess of that otherwise allowable under the Kalispell Zoning Regulations. The notion was seconded. etz gave a staff report and answered questions. afferran stated the signs will he beneficial to the business and the customer and the proposed signs will enhance a `'ah"* building. Klesner stated that the building 's ugly now and the signs will help because tourists don't know what is in the building. He said we need to support the downtown core area. Gabriel stated she is also in support of the silts and they will fit the area, adding the developers have done a good job. The motion carried upon roll call vote with Gabriel, Hafferman, K ues er, Larson, Olson are Mayor Kennedy voting in. favor, Atkinson and Kenyon voting against, and Herron absent. E/2. RESOLUTION 5084 — SEWER SERVICE — COTTONWOOD ESTATES Cottonwood Estates, LLC, the owner of property located in the Helena Flats area, has requested that the property he allowed to connect to the Evergreen Serer District for sewage treatment at the Kalispell wastewater treatment plant. Kenyon moved Resolution 50a resolution regarding the development of Cottonwood Estates and provision of municipal sewer services thereto. The notion was seconded. Patrick gave a staff report and answered questions. Klesner commented the resolution is too cut and dried, and he doesn't feel it leaves any room for negotiation. Olson stated the hest interest the City can have is to keep sewage at the Wastewater Treatment Plant and the best way to do that is to hook this subdivision. to City services. He said the City has options, such as annexation districts, to benefit the City. Olson added we need to work out a solution to this issue an"quit acting like children"" when it comes to Evergreen. Kalispell City Council Minutes December I , 2005 Wage Kenyon stated the City needs a comprehensive policy for hook ups outside of the City limits. He feels we should not approve anything else until a study is done and stop doing; these things on a case y case basis. .arson said he 's going to vote against this resolution because we need to consider the aquifer. He said by voting for this resolution the Council is enforcing the need for a regional treatment center, afferma stated that he generally agrees with the request, but he doesn't agree with annexation because annexing Cottonwood Estates world cost City residents. He said treating the sewage at the treatment plant is not the onty way to protect the aquifer; technology provides other methods. Hafferrnan said he will vote for this resolution because he feels this issue should wait until the Evergreen suer feasibility study is completed. Gabriel stated she can't understand the logic behind this discussion because the City does not benefit from this at all. She said it is not a good decision for the City and she will Grote for the Resolution. The motion failed upon a tie vote with Atkinson, Gabriel, H ff'erm n, and Kenyon voting in favor, Kluesner, Larson, Olson, and Mayor Kennedy voting against, and Herron. absent. E . BOARD APPOINTMENT— CENTRAL VALLEY WASTEWATER TREATMENT FACILITY FEASIBILITY STUDY COMMITTEE The Evergreen Water and Sewer District has requested that the Council appoint a member to a committee to develop the scope of a feasibility study for a Central Valley Wastewater Treatment Facility, Mayor Kennedy recommended Council appoint City Manager Jinn Patrick and Council member Tiny Klresner. Olson moved that the Council appoint Jim Patrick and Tiny Klu.esner to the Central valley Wastewater Treatment tment Facility feasibility study committee. The motion was seconded. There was no discussion. The notion carried n nimou.sly upon vote, with Herron absent. F* MAYo C UNC CITY MANAGERS REPORTS No Act on Mayor Kennedy stated the United Way Campaign is ending soon and asked that everyone remember those agencies and ;ire if possible. Mayor Kennedy wished everyone a happy and healthy holiday season. Patrick stated City Hall will he closed Dec. 26 and Jan 2. He thanked the National Guard for hosting; "Christmas at Our House." Kalispell City Council Minutes December 19, 2005 Pagre Garner asked everyone to remember to lack their car doors and hide their valuables because there has been an increasein car break-ins. . said locking your car will reduce the probability that you will be a victim of crime. G. ADJOURN The meeting; was adjourned at 8:17 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes December 1 s 005 Page Mona Charles . 20 Lake Blaine Road Kalispell, MT 59901 756-7641 December 1_ 9, 2005 Dear Mayor Kennedy and Council Members, You hold the power and the responsibility to form the future of the Flathead Valley, and I appreciate that you are moving thoughtfully and judiciously through the issues. The lighting ordinance before you is one or the easiest opportunities for you to preserve the beauty and character of the Valley —primary reasons so many people le cone here to visit and to live. I am concerned about both commercial and residential lighting. One must only look at the Home Depot and Love's parking lots to find a glowing example of lighting; differences —and respect for the community. We aren't L.A. and don't need the sane nighttime lighting in parking lots. But l any most concerned about the trend in residential lighting. I, like .many of my neighbors, chose to live in the county and endure some hardships I would not encounter in the city because of the quiet, solitude, and night sly. New houses are being built with roar to six lighting fixtures across the front. I see no reason for six lights to be burning constantly. One porch light should help anyone find their way borne. Blazing lights do not provide security, as neighbors tend to ignore the constant and react more quickly when a notion detector light comes on. I ask you to consider the individuals who live in the valley because or the quality or life and I ask you to support the lighting ordinance as you originally passed it. Thank you. Sincerely, Mona Charles