1. Council Minutes - Regular Meeting - June 5, 2006A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
,M., 'SON AY, JUKE 5l 2006, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA.. MAYOR FAMED. R, KENNEDY PRESIDED. COUNCIL
MEMBERS ERS J M A KINSON, KARI GABRIEL, BOB RAFFERMAN, RANDY KENYON,
M KLUESNER DUANE LARSON, AND HANK O SON WERE 'RESENT. COUNCIL
MEMBER BOB HERRON WAS ABSENT*
Also present: City Manager Jaynes Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Police Chief Frank Garner, Finance Director Amy Robertson, Parrs and Recreation Director Mike
Baker, Planning Department Director Tom Jent , Senior Planner Sean Conrad, Building official
Craig Ker rnan, 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.
B, CONSENT AGENDA APPROVAL
Council .minutes —..Re lar Meeting . Ma 1 15, 2006
2. ordinance 1575 — Administrative Rules Amendments nts — 2nd Reading
Due to recent changes made by the Montana Department of Labor and Industry, Kalispell is
required to make minor amendments to the Cit 's building, plumbing, mee.�.an'eal, and
energy codes, ordinance 1575 passed on first reading May 15.
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.
PUBLIC COMMENT
Corey Johnson, 133 Sherry Lane, C A Architects and Engineers, stated be represents Trinity
Lutheran Church and Flathead High School on their Conditional Use Permit requests and he will be
available to answer questions.
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June 5, 2006
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Kim Larson, 1.234 McMannamy Draw, Schwartz Engineering, said he represents Eisi ger Motors
and will be available for questions eoncemi g lsinger's request for a growth pokey amendment.
DJ Walker, 1405 Whalebone Drive, told the Council he is available for questions concerning the
final plat for Mountain vista Estates Phase 1.
Eric Mulcahy, Sands Surveying, said he represents the owners of Subdivision 272 and they have not
decided yet whether to place the access to the garages in the front or the rear of the property. He
asked that condition #9 of the preliminary plat be amended to allover for either option.
REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
I. CONDITIONAL USE PERMIT — TRINITY LUTHERAN CHURCH
Trinity Lutheran Church is requesting a conditional use permit to build a youth center on the church
complex site along Third Avenue west North approximately 250 feet south of the intersection o
Third Avenue West North and West California Street.
Larson moved Council approve the conditional use permit for Trinity Lutheran Church with
the attached conditions. The motion was seconded.
Conrad gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon vote with Herron ahsent.
CONDITIONAL USE PERMIT — FLATHEAD HIGH SCHOOL
Flathead High School District 5 is requesting a conditional use permit to allow final design and
construction of a student t commons/food court addition to the high school iodated at 644 4th Avenue
West.
Gabriel moved Council approve the conditional use permit for Flathead High School with the
attached conditions. The motion was seconded.
Conrad gave a staff report and answered questions.
There was no discussion.
The motion carried i o sly upon vote with Herron absent.
E 3, RESOLUTION ION — PRELIMINARY PLAT — HOLIDAY INN EXPRESS
This is a preliminary plat request from KVC Development t to lease a 2.9 acre parcel from the
Department of Natural Resources and Conservation in order to construct a Holiday Inn Express
northwest of the existing owe's building.
Kalispell City Council Minutes
June 5, 2006
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Gabriel moved Resolution 5116, a resolution conditionally approving the preliminary plat o
Holiday Inn Express Subdivision, more particularly described as lying in the North Half of the
Northeast Quarter of Section 36, Township 28 North., Range 22 West, P.M.M., Flathead
County, Montana. The motion was seconded.
Conrad gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon roll call vote with Herron absent.
E . RESOLUTION 511' — PRELIMINARY PLAT — SUBDIVISION 272
This is a. preliminary plat request for a two -lot townhouse subdivision located at the southeast corner
of the intersection of Denver Avenue and Rimrock Court.
Gabriel moved Resolution 51171, a resolution conditionally approving the preliminary plat o
Subdivision 272, more particularly described as Assessor's Tract No. 7AACAA, located in
Section 19, Township 28 North, Range 21 West, .M,M., Flathead County, Montana. The
Motion was seconded.
Conrad gave a staff report and answered questions.
Larson moved to amend. Condition #9 to read, "if the owner chooses a rear access, he will
provide maintenance agreement for the 20 foot access shown on the plat". The motion was
seconded.
The amendment carried unanimously upon vote with Herron absent.
There was no :further discussion.
The main emotion as amended carried unanimously upon roll call vote with Herron absent.
E 5. FINAL FLAT — MOUNTAIN VISTA ESTATES PHASE 1
This is a request for final plat approval of Mountain vista Estates .phase 1 that plats 41 single-family
lots wind 18 townhouse lots on approximately 23 acres located on the north side of Three Mile Drive.
Larson moved Council accept the Subdivision Iprovements Agreement and approve the final
plat for Mountain Vista Estates Phase 1. The motion was seconded.
Conrad gave a staff report and answered questions.
Atkinson commented that having a homeowner's park under the BPA lines is a good use of that laid.
The motion carried unanimously upon vote with Herron absent.
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E . RESOLUTION 5118 — RESOLUTION of INTENT AND CALL FOR PUBLIC
HEARING- ,,.,, GROWTH POLICY AMENDMENT ,.T.' E SINGER PROPERTIES, ITC
AND LYLE ANDJOANNE DAVIS
This is a resolution of intent to amend the growth policy designation on two properties totaling 15.4
acres from Neighborhood Commercial and Suburban Residential to Commercial. The properties are
located at 2545 and 2563 Highway 93 North, at the northeast corner of the intersection of Highway
93 and west Reserve Drive. A public hearing will be scheduled for June 19.
Larson moved Resolution 5118,a resolution o intention to adopt, revise or reject an
amendment to the Kalispell Growth Policy 2020 to amend the designation of properties located
within Section. 30, Township 2 . North, Range 1 west, Flathead County and more particularly
located at 2545 and 2563 Highway 93 North, Kalispell, Montana and to call for a public
hearing. The motion was seconded.
jentz gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon roll call vote with Herron absent.
E/ , RESOLUTION 5119 #-- RESOLUTION OF INTENT AND CALL FOR PUBLIC
HEARING — ENCROAC14MENT EASEMENT
r. Daniel ,Abbott is requesting g to purchase an encroachment easement from. the City on Buffalo
Hills Golf Course. A public lheariog will be scheduled for June 19.
Kenyon moved Resolution 5119, a resolution of intent to sell an encroachment easement onto
Buffalo Hills Golf Course and calling for and fixing a date for a public hearing and directing
the clerk to publish notice of this intent and hearing. The motion was seconded*
Patrick gave a staff report and answered questions.
Kenyon stated he is opposed to this request for a number ber of reasons, but the main one is because this
matter is in the midst of litigation and we should allow the Court process to work and see what
happens before we do anything.
Haffermaiih said he would life to have staff answer clarify a couple of things during the public
hearing. He questioned whether the five Foot setback was allowed at the time the garage was -
constructed, and the location of any relief from the setback regulations in the ordinance.
Larson commented be is not in favor of the public bearing because there is a strongrecommendation
from staff that the easement not be sold, and he agrees with Kenyon that it should go through the
Court first;
Gabriel remarked she will also not support this because Dr..Abbott failed to obtain the permits in the
first place and is now asking for relief. She agrees with staff that this will set a bad precedent.
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Hafferman stated we would not be interfering with the Court by having a public hearing.
Klesner and Mayor Kennedy both spoke in favor of holding the public hearing.
Olson commented he is opposed to holding the public hearing because it should play out in the Court
first.
Atkinson agreed.
The motion failed upon roll call vote with Hall Erma , Kluesner, and Mayor Kennedy voting i
favor, Atkinson, Gabriel, Kenyon, Larson, and Olson voting against, and Herron absent.
F. 1 AYO C UNCI CITY MANAGER'S REPORTS (No A tier
Mayor Kennedy .reminded Council about the Montana League of Cities & Towns meeting set for
June 15 at :30 Pm at City Hall.
Mayor Kennedy announced there will be a free workshop on -neighborhood plans on June 8 at
Cava au h's from. :oo- :oo per..
afferman asked if anyone has met with the junior high regarding Northern Lights Boulevard.
Patrick stated there is a follow-up meeting scheduled shortly.
Patrick reminded everyone to exercise their right to vote tomorrow,
G, ADJOURN
-wnu
The meeting; was adjourned at 7:57 p.m.
ATTEST:
Theresa white
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council Minutes
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