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1. Council Minutes - Regular Meeting December 5, 2005A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HEL,r AT 7: o0 .M.,, MONDA'" , DECEMBER 5, 2005, IN THE COUNCIL CHAMBERS AT CITY HILL IN K. IS E , MON ANA..MAYOR PAMELA B. KENNE Y PRESIDED. COUNCIL MEMBERS JIM A KINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, TIM KLI EST , DUNE LARSON, AND HANK o SON WERE PRESENT. Also present: City Manager James Patrick, City Attor e y Charles l arball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim l a s , Police Chief Frank Garner, Parks and Recreation Director Mike Baker, Kalispell Planning Department Director Tom Jentz, Senor Planner Narda Wilson. Mayor or Kennedy called the meeting to order and led the Pledge of Allegiance. nce. A. AGENDA. APPROVAL Larson moved approval of the Agenda. The motion was seconded. Where was no discussion.. The motion carried unanimously upon vote. B. CONSENT AGENDA►. APPROVAL .. Council Minutes —...Regular Meeting.November 21 2oo5 I Award Bid — 3L4 Tory 4x4 Pick-up Trucks Three local dealers, and the State motor pool, submitted bids for two 3 ton 4X4 pick-up trucks. Staff recommended the contract be awarded to Ei ing r 'Motors for a bid of $1. , 98,00. 3. Award Bid — One Tore 4x4 Truck Two local dealers, and the State motor pool, submitted bids for a one ton truck with a hoist for the Street Maintenance Division. Staff recommended the contract be awarded to Eisinger Motors for a bid of $2 ,o 5. 5. Kenyon moved approval of the Consent Agenda. The motion was seconded. Olson moved to remove Consent Agenda Item #3 and place it on the regular Agenda as Item . The motion was seconded, There was no discussion. The motion . carried upon vote with Atkinson, Ha 'ferma , Herron, Kenyon, Kles er, Larson, Olson and. Mayor Kennedy voting in favor, and Gabriel voting against. Kalispell City Council Minutes December , 2005 Page x The main motion as amended carried unanimously upon vote. C, STUDENT ISSUES None. ., PUBLIC COMMENT Heidi Ulbr cht'. Kalispell Municipal Court Judge, thaDked the Council and public for the success of the Food for Fines program and stated they contributed close to 20,000 pounds of canned goods to the Food :Banff.. Jackie Keiser, 545 2nd Avenue East, commented she is in favor of the changes to -the lighting ordinance. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. FINANCING - STREET MAINTENANCE BUILDING Council was as1ked to fund the construction of a street maintenance building with internal funds, along with an advance from the Community Development STIP fund. Larson moved that Council fund the construction of the Street Maintenance Building internally with funds on hand o $90,000 gad an advance from the Community Development fund o o,000. The motion was seconded. Patrick gave a staff report and answered questions. afferman stated he heartily agrees with this method of funding budgeted items. The motion carried unanimously upon vote. E/2. AWARD BID —STREET MAINTENANCE BUILDING POSTPONED AT THE NOVEMBER 21 MEETING Five bids were received for the construction of a street maintenance building. Staff recommended the project ct be awarded to Davidson Construction for the low bid of $17 , 00.00. Larson moved to award the hid for the Street Maintenance Building to Davidson Construction n the amount o $176,100.00. The motion was seconded* .Patrick gave a staff report. There was no discussion. Kalispell City Council .Mantes December 5, 2005 Page The motion carried unanimously upon vote. E/3, RESOLUTION 5081 — ANNEXATION — ROBERT AND ALICE FORD This is a request for annexation of approximately L2 acres located on the south side of South Woodland Drive. Kenyon moved. Resolution 5081, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including therein as an annexation certain real property, more particularly described on "Exhibit A"', located in Section 20, Township 28 North, Range 21 west, '.m,M., Flathead County, Montana, to be known n as Ford Addltlon. No. 3 3 to zone said property In accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report on the annexation and zoning and answered questions. The motion carried unanimously upon roll call vote. E . ORDINANCE 1 — INITIAL ZONING — ROBER ' AND A ICE FORD — 1ST READING The Fords have requested a zoning; designation of R-, Two Family Residential, for the property listed above. Kenyon moved first reading of Ordinance 1562, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,, (Ordinance No. 1460), y zoning certain real property described as a portion of Assessor's Tract 7L located In Section 20, Township North, lane 21 West, .M.M., Flathead County, Montana (previously zoned County l -1, Suburban Residential) to City l - (Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Where was no discussion. The motion carried unanimously upon roil call vote. E/5. RESOLUTION 50— FINAL PLAT — HOLD `EM SUBDIVISION This is a request for final plat approval of a subdivision that creates to residential lots located o the west side of 5th .Avenue West between. 14th Street West and 18th Street West, Kenyon moved Resolution olutlon 50a resolution tion approving the final plat of Hold "Em Subdivision, described as Assessor's Tract -1, located in Section 17, Township 28 North, Range 21 West, ,,M.M#, Flathead County, Montana. The notion was seconded. Wilson gave a staff, report and answered questions. Kalispell City Council Minutes December 5, 2005 gg Olson remarked that once again sidewalks are not being installed. He said the town is full of "no sidewalks"' s"' and he asked that the issue be placed on a work session agenda. The motion carried unanimously upon roll call vote. E . ORDINANCE 1563 — AMENDMENT — LIGHTING STANDARDS — IST READING Several amendments to the recently adopted lighting standards were suggested by staff as a result of ► or ing with the regulations over the past couple of months. Atkinson moved first reading of ordinance 1563, an ordinance amending the Kalispell Zoning Ordinance (ordinance No. 1460), creating new Chapter 27.22A, outdoor Lighting Standards, declaring an effective date, and authorizing the City Attorney to codify the same. The motion was seconded. Wilson gave a staff report. At the request of Herron, Mayor Kennedy asked for public comment. Ken . ark s, 34 Logan Way, Flathead Business and Industry Association President, presented a letter to Council from the FBIA detailing their concerns, particularly with the retroactive provision. Utter is attached hereto and hereby made a part hereof) Jackie Keiser, 545 2nd Avenue East, stated the regulations need to be retroactive because this is about quality of life, not money, Myrna "berry, 1505 Whalebone Drive, rcpr renting the Flathead Building .lding Association, stated they are also concerned about retroactivity, adding it will cost a lot money to change all of the light fixtures and she's concerned that costs will be passed on to taxpayers. Clint Cathcart, 828 3rd Avenue East, a veteran, said he is concerned about the flag provision asking that flags be do vn4t. He said it's hard to illuminate a flag at night from above. Mayor Kennedy clarified the ordinance does provide for illumination from below as long as the lighting is focused primarily on the flag. Mayor Kennedy closed public comment. Kluesner state he would not have voted for this had he been on Council at the time it was originally adopted, adding he is concerned with the grandfathering issue. He said enforcement also needs to be looked at and he does not support this ordinance the way it is written. Olson asked. if Lowe's complies with the ordinance as it stands right now. Kalispell City Council Minutes December 5, 2005 Page 4 Wilson said that owe*s does, however Mountain View Plaza doesn't. As far as residential lighting, she noted there are ways of bringing residential lights into compliance without replacing there, such as clip -on shields and frosting the glass covers. Herron said his biggest concern is in the last three years the Council allowed Mountain View Plaza, where Horne Depot is located, to be built with -Those lights" that light up the whole north side. He stated the Council does need control over certain things, but he doesn't see how these standards will be enforced because everyone is going to be out of compliance and no one is going to change their fixtures. Herron commented "we don't need government involvement in this", .afferman said a lot of people have been opposing these standards, and we haven't even started enforcing; it yet. He said we have to start listening to the public and talk about compliance. Hafferman moved to table the ordinance to the second meeting in January or until such time as compliance is discussed at a work session. The motion was seconded. The motion to table carved upon vote with Hafferman, Herron, Kles ear, Olson and Mayor Kennedy voting in favor, and Atkinson, Gabriel, Kenyon, and Larson voting against. E . ORDINANCE —ARCHITECTURAL DESIGN S ANARDS —1ST READING This ordinance creates architectural design standards for new commercial and multi. -family developments. Atkinson moved first reading of Ordinance 1564, an ordinance creating an addendum to the Kalispell Zoning ordinance (ordinance No. o, by adopting .Architectural Design .standards, declaring an effective date, and authorizing the City Attorney to codify the sane. The motion. was seconded, Wilson gave a staff report and answered questions. afferrnan stated these standards are redundant because we already have ordinances covering most of the issues. He asked which regulations will be considered if there's a conflict? He said we are dealing with a philosophy and these standards represent the opinions of the preparer. In addition, they are not real standards. Haf erman. stated he would not object if these were guidelines, but this document is meant to control developers based on philosophies and `this Council is getting out of control with regulations controlling our people."' Atkinson commented this Council is responsible to support the philosophy of the community and how the community wants to see themselves now and In the future. He said one of the greatest representatives to the community is the Planning Board, and they have done an excellent job on this document. Atkinson said these kinds of guidelines and standards are exactly what the community wants them to do and .he would encourage the Council to endorse these standards. Kalispell City Council Minutes December 5,, 2005 Page 5 Mayor Kennedy nedy agreed there should be guidelines and that businesses want to know what to expect when they come Into a community, but she also wondered it this is a legal document and if it is enforceable. Harball answered the standards are designed to give the Architectural Review Committee (.ARC) some guidelines to follow and will help the board with a recommendation to the Council. Wilson clarified the only projects that now go before the Architectural Review Committee are those ire the redevelopment area downtown, and they are not bound by any particular standards. She said this document will require that all commercial developments go before the ARC. Herron commented the buck stops with the Council and there needs to be a procedure that brings everything before them. He said a non -elected body should not make the decision on whether something meets a nebulous standard or not. Olson disagreed, stating; the purpose of staff is "to tell the guy how to build the building."' Jentz remarked that guidelines have no real direction behind them, but standards do. He said the committee worked for months on these standards, with staff s help, and this document is a way o doing things and getting them done with the flexibility needed. Atkinson agreed with Herron that the buck stops here, but added if a developer wants to come to Council, he can. He said it would be helpful to have these standards to help us make decisions_ Kluesner commented this document loops like a PowerPoint presentation and not a "'law"'. He said he would like to see it presented as guidelines, not standards. Herron asked why wecouldn't write an ordinance that just. says the ARC reviews all commercial development; why do we need an elaborate set of standards when what we have is working now. Je-ntz stated the ARC has very little to work with now, and these standards are needed because board members are looking for guidelines and tools to help them. He said limited information is arbitrary and dangerous and the ARC wants hard standards. Herron . stated he is concerned with continually layering; rules and standards on top of other rules and standards that are not enforced, Mayor Kennedy stated that maybe what we need is to increase the A C's j uri sdictional area so that al] commercial development goes to them and approve these as guidelines which would give developers "`the flavor of what we want for a development."" Kenyon said it would be a shame and disservice to allow developers to determine how we want our City to loop. He said these should be established as more than guidelines because it is our responsibility to say what our City should look like. Kenyon said developers will toss "gu defines"' in the trashoar. Kalispell City Council Minutes December 5,, 2005 Page Kl, esner commented maybe we need to apply this to residential as well; where do we draw the line and for whom. He said as a Council, don't we have final decision and approval over projects and can't we have them upgraded' Jentz answered without a Planned U it Development, the Council has very little say. He said the AR.Us concem is that without these standards, developers will do what they wart to do. Larson said he islaving trouble determining what the standards are. He gave some examples of language in the ordinance that seemed contradictory, like "should'" and "shall". He said part of the time they are guidelines and part of the time they are standards. Larson said he feels if they are t .emble then the Council isn't giving the ARC any stability. Gabriel stated she is befuddled that this conversation is still going on because the Planning Board and Architectural Review Committee worked on these standards for months and they know what they need to get t eir o s done. She said this is an important tool and it's important they are given something to work with. Mayor Kennedy agreed wIth Gabriel on the amount of work that went into this, but also agreed with Larson on the language difficulties. She said she feels this document needs more discussion and the Council needs more direction with regard to how it should go forward. Atkinson stated that he was part of the Planning Board when the process began and the committee wanted to be developer friendly and wanted to assist developers in understanding; our community. He said they did not want to have document that said "you i. do t". Atkinson said they wanted the document to catch our feeling of what the community wants to look like, adding the "shall s" and "musts" are already in other documents; this document Just puts everything together. Haerrnan stated we should have a document that will assist developers and give them guidelines, but he feels there still needs to be more discussion. Haffr n.an moved the ordinance be tabled to the second meeting in January. The motion was seconded. The motion to table carried with Gabriel, Hafferman., Herron, Klu suer, Larson, Olson and Mayor Kennedy voting In favor, and Atkinson and Kenyon voting against. EJB. AWARD BID ONE TON 4X4 TRUCK MOVED FROM CONSENT AGENDA Two local dealers, and the State motor pool, submitted bids for a one ton truck with a foist for the Street .maintenance Division. Staff is recommending the contract be awarded to E1singer Motors for bid of $2 ,075, 5. Larson moved that Eisin er Motors be awarded the contract in the amount of $21,075.85 for a one ton 4X4 trued.. The motion was seconded. Kalispell City Council Minutes December 5, 2005 'agg Olson thanked staff for recommending Eisin er on the first bid rather than letting the bid go out o town for a $77.00 savings, but he also suggested this bid be awarded to Soarer because it is only $33.00 more than E1sln er and that way both local GM dealers get a deal. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Kluesner, Larson and Mayor Kennedy voting in favor, and Olson voting against. . . MAYo COUNCIL CITY MANAGER'S REPORTS o A t o� Olson said recently an Evergreen sewer board member made a statement on KOFI that Ka ispel 's wastewater treatment plant is "antiquated". He said he wants to clarify for the public that the EPA declared T a ispell"s WW I' the most efficient plant of its size in Zoo # Patrick announced that Payroll Clerk Willa Manger and City Treasurer Carol Kost.man have decided to leave the City and he wished then- both the best. Mayor or Kennedy asked what the requirements are for shoveling sidewalks, both residential and commercial, and asked about the snowplow policy. Hansz stated sidewalks must be shoveled within 72 hours of the snowfall and snow can't be pushed out :into the street, except in the Downtown ntown Business District where there is no other place to put it. Hansz said streets are plowed on Mondays, Wednesdays and Fridays and Avenues on Tuesdays, Thursdays and Saturdays; primary roues are done first. G. ADJOURN The meeting was adjourned at 9: 2 .p.m. ATTEST: Theresa White CI-ty Clerk aeia B. Kennedy Mayor Kalispell City Council Minutes December 5, 2005 Page PRESIDENT T Ken Barkus VICE PRESIDENT Don Dulle TREASURER Steve Clawson DIRECTORS Turner Askew e Doug Denmark Bob Depratu Gene Dziza Mike Kazmier Bill Lincoln Liz M r hi Jim Oliverson jayson peters Jon Sonju Mark Waqner DIRETO Meqan Morris Dec. _ 200 Kalispell City Council P.O. Box 1997 12 1 st Avell Lie .last Kalispell, MT 59901 M:e .fibers of the Kalispell City Council; At a recent meeting, the board of directors of the Flathead Business & Industry Association discussed the proposed amendments to the OUt oor lighting standards of Kalispell, The conversation centered on the section of the rules in which the standards are deefare to be retroactive, FB1A wou Id I ke the coun c iI to amend this section because of the cost, the logistics and the precedent it sets. FBIA believes that the city should determine the I ar est con ributor to I Igbt poII u 1L i on and then work to address it from now on, And while FBIA believes that light pollution should be mitigated, e landowners of Kalispell shOLIld not alone bear the burden of fixincythis problem. 'We believe that the city should lead on this issue by modifying its own lighting first. With changes in Kalispell's current streeflights, we believe that a m jor y of the light pollution would be corrected, 'We have reviewed the recommendation of the Kalispell Planning F3oar , an although it notes that members did look at the cost to businesses, we believe that they do not fully understand the consequences of making these rul s retroactive. Implementing these standards elty vi e on all businesses would _1 e it difficult, i not .impossbe, to enforce tee equally. In closing, FBIA asks you to look at these modifications to ensure -that they target the real cL11prit in light pollution, and if these extreme e rules are necessarv, not to make any retroactive. We appreciate your time and consideration of this matter. Sine e ley, �v Kei ar s l Pre ide .t. 'FBI P.O. Box 8635 o Kalispell, VIT 59904 @ Phone 406) 752-8 681 Fax 40755-1568