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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. Kalispell City Council Minutes June 5, 2006 Page 1 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 PaCTe 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. Kalispell City Council Minutes June 5. 21006 'age 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. Kalispell City. Council Minutes, ,dune 5, 2006 'age 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 ,lone 5, 2006 Page