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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. Kalispell City Council Minutes Nov 6, 2006 Page I 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. Kalispell City Council Minutes Nov 6, 2006 Page 2 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 Kalispell City Council Minutes Nov b, 2006 Page 3 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. Kalispell City Council Minutes Nov 6, 2006 Page 4 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. Kalispell. City Council Minutes Nov 6, 2006 Page 5 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. Kalispell City Council Minutes Nov 6, 2006 Page 6 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. Kalispell City Council Minutes Nov 5, 2006 Page 7 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. Kalispell City Council Minutes Nov 6, 2006 Page 8 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 Kalispell City Council Minutes Nov 6, 2006 Page 9