1. Council Minutes - Regular Meeting - November 6, 2006A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, NOVEMBER. 6, 2006, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KA.LISPELL, MONTANA. MAYOR PA.MELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATK.INSON, KARI GABRIEL, Bob HERRON, BOB HAFFERMAN,
RANDY K.ENYON, TIM KLUESNER., DUANE LARSON, AND HANK OLSON WERE
PRESENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz, Finance
Director Amy Robertson, Planning Director Tom Jentz, Senior Planner Sean Conrad, Community
Redevelopment Manager Sandy Wheeler, 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.
B. CONSENT AGENDA APPROVAL
1. Council Minutes -- Re lar Meetin — October 16 2006
2. Pledged,- Securities as of Se tember 30 2006
3. Award Bid — Dump Truck
One bid was received for the purchase of a replacement low -profile tandem dump truck. Staff
recommended the bid be awarded to IState Truck Center in Great Falls in the amount of
$94,265.00.
4. ordinance 1589 — Initial zoning -- Lisa Wade 2nd Reading
Wade has requested an initial zoning designation of RA-1, Low Density Residential
Apartment, on approximately 14,000 square feet of property located at 1615 5th Avenue
East. ordinance 1589 passed unanimously on first reading October 16.
5. ordinance 1590 — Zoning Text Amendment — 2nd Readin
Ron and Sharon DeMeester have requested a change in the method for calculating the
maximum sign area allowance in certain residential, business, and public zoning districts.
Ordinance 1590 passed unanimously on first reading October 16.
6. Montana De artment of Transportation Grant Awards
MDOT Director Jim Lynch awarded the City more than $102,000 in grants for three projects
aimed at improving traffic safety in the area. He also gave an update on the Highway 93
bypass.
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7. Police Officer Confirmation
Officer Kevin McCarvel successfully completed his probationary period and Council
confirmation was requested.
8. Proclamation —National Hospice/Palliative Care Month
Atkinson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
C. STUDENT ISSUUES
Mayor Kennedy welcomed Boy Scout Troop 1933.
D. PUBLIC COMMENT
Eloise Hill, 467 6th Avenue WN, asked that the conditional use permit at 367 6th Avenue WN be
denied because it should be a single family residence and not a townhouse. She said a single family
house was removed this past summer, so it is not raw land.
Trina Ambrose, 928 5th Avenue East, explained the Eastside Kalispell Group's philosophy and
stated they have adopted Thompson Park; she detailed their plans for the park and thanked the
Council for the funds they gave them.
Ken Sugden, 239 Juniper Bend Drive, spoke in favor of the Abbott encroachment public hearing and
stated that a number of the residents go south for the winter. He wanted Council to know that they
are in favor of the encroachment, even if they can't attend the public hearing.
Neil Helgath, 248 Juniper Bend Drive, stated he is disturbed by the Planning Department's heavy-
handed involvement in Dr. Abbott's encroachment issue. He feels Dr. Abbott was unjustly harassed.
Jim Holland, 81 Grandview, stated that the "draconian" solution to make Abbot tear down his
addition is unconscionable.
Betty Barton, 90 Juniper Bend, stated she is in favor of the City giving Abbott an easement and it
would be a "terrible waste" if Abbott had to tear down his addition.
Vicki Kucera, 136 Juniper Bend, stated she is in support of Abbott's public hearing.
Donna Marvel, 605 West Oregon, spoke in opposition to the conditional use permit on 6th Avenue
WN.
Eldon Marvel, 605 west Oregon, spoke in opposition to the conditional use permit and stated the
lots should not have been created in the first place.
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Dr. Dan Abbott, 86 Juniper Bend, spoke in favor of the resolution of intent for his public hearing and
gave Council 43 letters in support of the easement from his neighbors. (Letters will be made part of
the public hearing record)
Pete Putzier, 191 Old Highway 93, Somers, spoke in favor of Ordinance 1593, the Sunburst zoning
text amendment.
Mark Waatti, 15 Vista Loop, spoke in favor of the conditional use permit on 6th Avenue WN and
explained that originally he and his father wanted to build two single family residences with garages
facing the alley, He said they learned, however, that the alley is private and access was not feasible.
Waatti said it was discovered they could still use the property with a conditional use permit and
construct two townhouses, reminding Council that townhouses are just two single family residences
with a shared wall down the center.
Craig Clevedencc, 34 Northridge Drive, previous owner of one of the lots at 6th Avenue WN, stated
he sold his property with the understanding that a single family residence would be built there. He
said the split allowing the two lots should not have been allowed, and he asked the Council to deny
the conditional use permit.
Russ Marks, 479 6th Avenue WN, spoke in opposition to the Villas conditional use permit, stating
he is against a townhouse going into the neighborhood. He noted there are a lot of smaller houses in
the neighborhood and he hates to think that developers may start purchasing the small houses in
order to tear them down and build duplexes.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
EI1. ORDINANCE 1591— ZONING TEXT AMENDMENT — 2ND READING
The City of Kalispell has requested reductions in the 300 foot setback requirement for casinos from
churches, schools, parks, residential zones, and other casinos. Ordinance 1591 passed on a six -to -two
vote on October 16.
Larson moved second reading of ordinance 1591, an ordinance amending the Kalispell Zoning
Ordinance (Ordinance No. 1460), by amending Sections 27.14.030(5), 27.15.030(3),
27.16.030(8)9 27.17.030(4), and 27.18.030(7), and adding a Section 27.35.110, Casino Setback
Provisions, and declaring an effective date. The motion was seconded.
There was no discussion.
The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Kluesner, Larson,
Olson, and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against.
E/2. PRESENTATION —ANNEXATION AND INITIAL ZONING — .TANET CARTEL
Cahill is requesting annexation of 4.07 acres located on both the east and west sides of Denver
Avenue. The City Planning Board met on October 10 and unanimously approved a motion to
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forward a recommendation to Council that initial zoning for this property be R-3, Urban Single
Family Residential, upon annexation.
Conrad gave a staff report and answered questions.
There was discussion about the zoning designation and possible traffic impacts.
Hafferman commented he used to vote against any additional subdivision work that would put more
traffic onto Sunnyside Drive, but that problem is going to be solved when the south bypass goes in
because it will eliminate the de facto bypass that now exists in this area.
E/3. RESOLUTION 5157 —ANNEXATION — JANET CARTEL
Gabriel moved Resolution 5157, 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 as Lot 1 of Minor Subdivision Plat Number 117 located in the
Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, to be known as Cahill Addition No. 385; to zone said property in
accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion
was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
E/4. ORDINANCE 1592 —INITIAL ZONING — TANET CAHILL - 1ST READING
Cahill is requesting a zoning designation of R-3, Urban Single -Family Residential on the property
listed above.
Kenyon moved first reading of Ordinance 1592, 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 Lot 1 of Minor Subdivision Plat Number 117 located in the
Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana (previously zoned County R-1, Suburban Residential) to City R-3 (Urban
Single Family Residential), in accordance with the Kalispell Growth Policy 2020, and to
provide an effective date. The motion was seconded.
There was discussion regarding the difference between County and City zoning designations.
The motion carried unanimously upon roll call vote,
E15. CONDITIONAL USE PERMIT — THE VILLAAS LLC
Matt Waatti is requesting a conditional use permit to allow the construction of a two -unit townhouse
on approximately 8,800 square feet of property located on 6th Avenue West North.
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Gabriel moved approval of the conditional use permit for The villas, LLG. The motion was
seconded.
Conrad gave a staff report and answered questions, noting the lots were split legally.
Hafferman detailed some of the City's history regarding sublots and townhouses and stated this
project is clearly in an established single family area and the neighbors have the property right to
expect that zoning will be administered as a single family area. He stated a conditional use permit
can be granted only if the proposal conforms to all various criteria, such as the requirement for two
parking spaces per unit. Hafferman said to his knowledge the Council has never approved a parking
area where you had to move one car in order to park the other one; in this case parking one in the
garage and the other behind it.
Gabriel said she is conflicted over this project. She commented that she sympathizes with the
neighbors, but she also feels waatti has followed all of the rules.
Atkinson stated this proposal is a "perversion of what the neighborhood has and what our
requirements are". He said he understands the reasoning behind the project, but he doesn't think it
fits our needs as a community.
There were several suggestions made about redesigning the garages and Conrad noted that the
Council could add landscaping requirements to help hide the garages.
Olson stated the townhouse itself is the problem, not the garages or the landscaping; it just doesn't fit
the neighborhood.
Larson agreed with Olson, stating there are a lot more problems than just the garages.
Kluesner said he also feels the townhouse is not compatible with the neighborhood.
Gabriel stated we approve subdivisions all the time with townhouses, and she does not feel this
would be a detriment to the neighborhood.
Hafferman said townhouses are fine in new neighborhoods because everyone who buys in that
neighborhood knows there are townhouses, but this is an established neighborhood.
The motion failed upon roll call vote with Gabriel voting in favor, and Atkinson, Hafferman,
Herron, Kenyon, Iluesner, Larson, Olson, and Mayor Kennedy voting against.
EIG. ORDINANCE 1593 — ZONING TEXT AMENDMENT— SUNBURST FOUNDATION
INC. --1ST READING
This is a request to allow a "Family Support and Education Center" as a permitted use in the R-4,
Two -Family Residential, zoning district and add a definition of the term to the Kalispell Zoning
Ordinance.
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Larson moved first reading of ordinance 1593, an ordinance amending the Kalispell Zoning
Ordinance (Ordinance No.1460), by allowing "Family Support and Educational Centers" as a
conditional use in the R-4 (Two Family Residential) zoning district, adding a definition of the
term in the definition section of the Kalispell ,honing ordinance, and declaring an effective
date. The motion was seconded.
Conrad gave a staff report and answered questions.
Kenyon noted that his company rents to the Sunburst Corporation, but since he receives no financial
benefit from them, he will not be abstaining from the vote.
The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Kenyon, Kluesner,
Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson voting against.
E17. FINAL PLAT — SERENITYIANE ADDITION
This is a request for final plat approval of Serenity Lane Addition, a four -lot residential subdivision
on an existing residential lot located at 1310 6th Avenue West.
Kenyon moved Council approve the final plat for Serenity Lane Addition. The motion was
seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon vote.
E18. FINAL PLAT — SPRING PRAIRIE CENTER. PRASE 2
This is a request from Morrison Maierle, Inc. for final plat approval of Spring Prairie Center Phase 2
that plats four commercial lots on approximately 16.5 acres located on the west side of LDS Highway
93 near West Reserve Dave.
Kenyon moved Council approve the final plat for Spring Prairie Center Phase 2. The motion
was seconded.
Conrad gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon vote.
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E19. RESOLUTION 5155 — COMMUNITY DEVELOPMENT REVOLVING LOAN
AGREEMENT
This resolution authorizes the City Manager to enter into a loan agreement with the USDA Rural
Development Agency.
Larson moved Resolution 5155, a resolution authorizing the City Manager to enter into a loan
agreement with Rural Development in order to partially fund the Economic Development
Devolving Loan Fund for small business retention and expansion. The motion was seconded.
Patrick gave a staff report and answered questions.
Olson commented he feels the City should charge the businesses the going interest rate. He said it's
really not fair for one business to get a better interest rate than another.
Wheeler noted that the loans are strictly for gap financing when a business can not get the entire
amount of money they need from a lending institution.
The motion carried unanimously upon roll call vote.
Elio. RESOLUTION 5159 — RESOLUTION OF INTENT AND CALL FOR PUBLIC
HEARING — ENCROACHMENT EASEMENT
Dr. Daniel Abbott has requested to purchase an encroachment easement from the City on Buffalo
Hills Golf Course. A public hearing is to be scheduled for November 20.
Kenyon moved Resolution 5159, a resolution of intent to sell a setback encroachment easement
on the City owned Buffalo Hill Municipal Golf Course to Dr, Daniel Abbott, setting a public
hearing and directing the City Clerk to provide notice therefore. The motion was seconded.
Patrick gave a staff report and answered questions.
Gabriel stated she will support the public hearing, but retorted that the public comments indicating
the planning staff is "draconian" were unjust.
Kenyon stated he will not support this resolution because this is a legal issue for the City and is
strictly between the City and Dr. Abbott.
Atkinson also disagreed with the public comments criticizing the planning staff. He said the staff is
charged with overseeing the City's requirements for the betterment of the City and he doesn't feel
they were "heavy handed" with Abbott. He said Dr. Abbott met with City staff numerous times and
when he didn't receive the answers he wanted, he chose to ignore them and went ahead with
construction, therefore "perverting" the requirements the entire community has to follow. Atkinson
asked the Council to vote against the resolution.
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Olson stated the best way to support the staff is to pass this resolution and find a solution. He said he
feels that requiring the building be torn down is a "little bit much", however, there are obviously
code violations that need to be taken care of.
Hafferman said the problem needs to be rectified one way or another and the process should be
started with a public hearing. He said he hopes all of the information involving this issue is made
available to everyone.
Mayor Kennedy remarked that she also supports the City staff and they have done everything they
can to uphold the City's regulations. She said she believes there are definite violations that happened
in the building of this property, however, the purpose this evening is to call for a public hearing and
take the next steps after that.
The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Kluesner, Larson,
Olson and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against.
:EI11. RESOLUTION 5160 — RESOLUTION OF INTENT AND CALL FOR PUBLIC
HEARING — IMPACT FEES FOR POLICE AND FIRE
This resolution states the Council's intention to consider the adoption of impact fees to fund public
safety services and schedules a public hearing for November 20.
Kenyon moved Resolution 5160, a resolution of intent to establish impact fees for City of
Kalispell police and fire facilities pursuant to MCA, 7-6-1601 through 7-6-1604, setting a public
hearing and directing the City Clerk to provide notice therefore. The motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
El12. RESOLUTION 5161 — RESOLUTION OF INTENT AND CALL FOR. PUBLIC
BEARING — SUBDIVISION REGULATIONS
The City of Kalispell has requested amendments to the Kalispell. Subdivision Regulations to address
legislative changes in the subdivision and platting act for review and processing of subdivision
applications, In addition, several definitions will be added and Appendix B will be revised with
regard to the information needed in an environmental assessment. Resolution 5161 sets a public
hearing for December 4.
Kenyon moved Resolution 5161, a resolution of intent to amend the City of Kalispell
Subdivision Regulations codified at Chapter 28 of the Kalispell Municipal Code and calling for
a public hearing and directing the City Clerk to provide notice therefore. The motion was
seconded.
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Patrick gave a staff report, adding the City's current Environmental Assessment form has now been
provided to Council following a request at the last work session.
Hafferman said he is very disturbed about the way the environmental assessment was written and
presented to the Council last Monday at the work session in an illegible format. He said he has
obtained copies of the County's and DEQ's environmental assessments and they do not follow the
assessment revisions proposed here. Hafferman said the environmental portion of the new
regulations is "job security for lawyers" and he feels the hearing should not be held until the people
who use the assessment have a chance to review it and make comments.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson,
[bison, and Mayor Kennedy voting in favor, and Hafferman and Herron voting against.
Hafferman requested that a copy of the State law with regard to the environmental assessment
requirement be made available as part of the public hearing packet.
F. MAYfl COUNCIL CITY MANAGER'S REPORTS o Action
Mayor Kennedy and Patrick encouraged everyone to vote tomorrow.
Olson announced that his father-in-law Orville Fredenberg, a former City police officer, Police
Judge, and Justice of the Peace, turns 93 on Thursday.
G. ADJOURN
The meeting was adjourned at 9:45 p.m.
ATTEST:
Theresa white
City Clerk
Pamela B. Kennedy
Mayor
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