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