1. Council Minutes - Regular Meeting October 3, 2005A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A :oo
P.M., MONK AY, OCTOBE . 3, Zoo , IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL,, MON ANA. MAYOR PAME A B. KENNEDY PRESIDED, COUNCIL
MEMBERS J M A KINS N, KARI DA R E , BOB HAFFERMAN, BOB HERRON,
RANDY KENYON, TIM KLUESNEI� DUANE LARSON, AND HANK o SON WERE
P[. SEY .
Also present: City Manager James Patrick, City A.ttomey Charles Harball, City Clerk Theresa White,
Finance .Director Amy Robertson, Public Works Director Jim Ha, Community Development
Director Susan Moyer, Assistant Police Chief Roger gauss, Fire operations Chief Dan Diehl,
Kalispell Planning Department Director Tom Je .t, , Senior Planner Nara Wilson, Planner 11 PJ
Sorenson, Parks and Recreation Director Mike Baker 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.
CONSENT AGENDA. APPROVAL
L Council Minutes -- Re- lar Meeting September 1 �
2. Check Presentation — Hurricane Katrina Disaster Relief Fun
Larson moved approval of the Consent Agenda. The motion was seconded.
.mayor Kennedy presented a check in the amount of $8,878.1.1 to the Red Cross and the Salvation
Army for the Hurricane Katrina Disaster Relief Fund.
The motion carried unanimously upon roll call vote.
STUDENT ISSUES
Colin Bradley, 115 Ashley Drive, e, Mayor of the Youth Adv i sory Council, stated that they had their
first meeting of the new school year last week and membership looks promising. He said they will be
pushing for a teen center which is really needed in the comm-unity.
PUBLIC COMMENT
Lyle Bartlett, 33 Hathaway Lane, spoke in opposition to the Autumn Creek Subdivision because of
traffic concerns and water rights. He requested that a privacy fence be installed on the portion that
borders his property.
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October 3, 2005
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Fancy Rose, 1483 Highway 2 West, read a letter she wrote to Council in opposition to the Autumn
Creek Subdivision.
Bonnie Hanson introduced herself as the new General Manager for Bresnan Communications.
Larry Parsons, 92 Hathaway Lane, spoke in opposition to the Autumn Creek Subdivision and listed
his concerns. He urged the Council to address future traffic needs in that area.
Mark . Noland, (S Hathaway Lane, spoke in opposition to the Autumn Creek Subdivision and stated
that he has concerns with the traffic on Hart Hill. Be asked that safety issues be addressed.
Ted Schlegel, Big Sky Properties, spoke in favor of ordinance 1554 to allow light assembly in the B-
3 zone.
Clint Cathcart, 828 3rd Avenue East, spore in opposition to Resolution 5052 arnd stated he has
concerns with the definition o "blight". He said old water and serer lines are maintenance issues
and they should he taken. care of duruig the normal course of City business.
Joanne Nieman, 735 4th Avenue East, spoke in opposition to Resolution 5052 and wondered what
the tax benefit was from previous TIF districts.
Nor h Korn, 82 3rd Avenue ` N, asked what would happen to the taxes that she pays in the area
slated for the TIF district.
Clarice Cates, 426 7th Avenue West, spoke In opposition to Resolution 5052 and asked questions.
Bill Boger, 2512 Missiofl Trail, TD&H Engineering, stated he represents the Hers crger's on the
Autumn Creek Subdivision. He explained some of the steps they have taken to address the concerns
of the neighbors and the Planning Board, including; planning to put in a westbound deceleration lane
on Highway 2 at Hathaway la ne.
Kristine Curtis, 530 Sylvan Drive, spoke against Resolution 5052 and said she was concerned with
the schools' funding if this goes through.
Valerie Parsons, 92 Hathaway Lane, speaking on the Autumn Creek Subdivision proposal,
emphasized the safety issues on Hathaway Lane and stated it needs two exits.
Carol Collins, 19 Hathaway Lane, spoke In opposition to the Autumn Creek Subdivision and said
coning out of Hathaway line is scary". She said it's a very dangerous area and another exit is
needed.
E, REPORT COMMENDATIONS AND SUBSEQUENrr COUNCIL ACTION
E/1. RESOLUTION 5052 — RESOLUTION FINDING THAT BLIGHT EXISTS — BNSF
TF DISTRICT (TABLED SEPTEMBER 6)
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Resolution 5052 determines that blight exists within the area north of the railroad tracts to Meridian
Road and from Main Street to Seventh Avenue West. Resolution 5052 was tabled at the September
meeting.
Larson moved Resolution 5052 be removed from the table. The motion was seconded.
The motion carried with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Larson., Olson and.
Mayor Kennedy voting In favor, and Kluesner voting against.
Larson moved Resolution 5052 be tabled indefinitely. The motion was seconded.
The motion to table indefinitely carried upon roll call vote with Gabriel, Hafferman, Herron,
Larson, Olson and Mayor Kennedy voting In favor, and Atkinson and Kenyon voting against.
2. RESOLUTION 50 — RESOLUTION of INTENT AND CALL FOR PUBLIC
HEARING — OLD SCHOOL STATION SPECIAL IMPROVEMENT DISTRICT 344
Resolution 5063 begins the process to establish a special 'improvement district to benefit specific
property located ..9 miles south of Four Corners, east of Rocky Cliff Road. A public hearing is
scheduled for November '.
Gabriel moved Resolution 5063, a resolution relating to Special ImprovementDistrict No. ;
declaring It to be the intention of the City Council to create the district for the purpose o
undertaking certain local improvements and financing the costs thereof and incidental thereto
throngh the issuance of special improvement district bonds secured in part by the City s
Special Improvement District Revolving Fund, The notion was seconded..
Patrick gave a staff report and answered questions.
Hafferman stated he normally wouldn't have any concerns with an S D when it's being paid by the
property owners, but a TIF is lurking in the background. He said if the TIF is initiated the costs will
be thrown on the bads of the taxpayers. Hafferman commented "we are being incrementally led
down the rosy path", and he doesn't like that method of doing business.
Olson asked why the owners are requesting an SD instead of borrowing the money.
Patrick stated the developers are borrowing money to pay for the extension of the sewer and grater
lines to the property; the SID is for the internal infrastructure.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon., Herron, Kluesner-,
Larson, Olson and Mayor Kennedy voting In favor, and Hafferman voting against.
E/3, RESOLUTION 50— ANNEXATION — AUTUMN CREEK SUBDIVISION
Lee and Linda Hrshberer are requesting annexation of approximately 9 acres located north of
,highway 2 West, on the east side of Hathaway Lane.
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Kenyon move. Resolution 5064, 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 as Assessors Tracts 6AAK, 6DI and 6AB located in Section 1.2,
Township 28 North, Range 22 west, P.M.M., Flathead County, Montana, to be known as
Hershberer Addition No. 3 69 ; to zone said property in accordance with the Kalispel I Zoning
Ordinance, and to declare an effective date. The motion was seconded.
Wilson gave a staff report on the annexation, zoning, and preliminary plat and answered questions.
Mayor Kennedy noted some changes to the preliminary plat conditions including a requirement to
widen Hathaway Lane at its intersection with Highway 2 west, and a requirement for a deceleration
lane for westbound traffic on Highway 2 ''west.
Hafferman commented he feels the developers have addressed the traffic concerns and a deceleration
lane for westbound traffic is a very big asset for safety.
Olson said that he is really concerned with the goad situation, and he would like to find another
access. He added he's also concerned that if the city doesn't annex this property, the developers will
get county approval and the traffic situation will be the same.
Herron stated this is a good subdivision, but it's a good subdivision in the wrong place and it is not
immediately adjacent to the city. e said h can't support this subdivision t this time until we see a
much better comprehensive plan.
Atkinson said he is also concerned with the lack of a second access.
Larson stated this Is a. bad intersection and he's not convinced that the proposals to make 'it safer are
adequate.
Where was discussion about the length of the cul-de-sac.
Hafferman stated it appears that the cul-de-sac exceeds 600 feet, and if so, he can't go along with it
because it does not appear to meet our regulations.
The motion failed upon roll call vote with Atkinson and Mayor Kennedy voting in favor, and
Gabriel, Haller nan Herron, Kenyon, Klesner, Larson and Olson voting against.
E/4.
ORDINANCE 1553 — INITIAL ZONING —AUTUMN CREEK SUBDIVISION — I S
READING
SNOT ACTED QNl
E 5. RESOLUTION 5065 — PRELIMINARY FLAW" — AUTUMN CREEK SUBDIVISION
(NOTACTED
UN,�
E . CONDITIONAL USE PERMIT — AUTUMN CREEK SUBDIVISION
(NOT ACTED
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. ORDINANCE 1.554 — ZONING TEXT AMENDMENT — AMERICAN CAPITOL.
IST READING
Big Sky Properties, ertles, on behalf of American Capitol, is requesting an amendment to the Kalispell
Zoning; ordinance to allow light assembly in the -3, Community Business, zoning district.
Kenyon moved first reading of ordinance 1554 , or�lnance amending the Kalispell Zonln
Ordinance ordnance No. 10, by amending the -2, General Business, and the -3,
Community Business Districts, to allow light assembly as a conditionally permitted use and
declaring an effective date. The motion was seconded..
Wilson gave a staff report and answered questions.
'here was no disc .ss on,
The motion carried unanimously upon roll call vote*
E . RESOLUTION 50—FINAL ILIA' —THE AMENDED PIAT of LOTS 11 AN
BLOCK 53KALISPELL ORIGINAL
This is a request for final plat approval of a commercial subdivision that creates two lots on property
located on the southeast corner of 2nd Street West and 3rd Avenue Nest.
Kenyon moved Resolution 5066, a resolution approving the final plat of the Amended Flat of
Lots I I and 12, Block 53, Kalispell original, described as a portion of Portion A of the
Amended Plat of 2 Tracts of Land. in Lots 11. & 12, Block 53, Kalispell original, located In
Section 1, Township 28 North, Range 21 West, .M#M., Flathead County, Montana. The
Motion was seconded.
Wilson gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon roll call vote.
E . FINAL PLAT — SINO AH SUBDIVISION
This is a request for final plat approval of Sinopah Subdivision that plats 16 single-family lots and 8
su lots on approximately 5. acres located between Northwest Dane and Meridian Road, north of
Three Mlle Drive.
Herron moved Council accept the subdivision improvement agreement and approve the final
plat of Slnopah Subdivision. The notion was seconded.
Wilson gave a staff .report.
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Herron commented that this is an example of a good subdivision, done correctly.
The motion carried unanimously upon vote.
E/10, ORDINANCE 1555 —ZONING TEXT AMENDMENT —SIGN REGULATIONS — IST
READING
t the September 6 meeting Council voted down an ordinance amending the current sign regulations.
A work session was held September 19 and this ordinance reflects changes made at that meeting.
Atkinson moved first reading of Ordinance 1555, an ordinance amending the Kalispell Zoning
Ordinance (ordinance No. 1 0), by amending Section 27.24, Sign Regulations, declaring an
effective date,, and authorizing the City Attorney to codify the same. The motion was seconded.
Wilson gave a staff report and explained that from the discussion at the work session, three
amendments have been offered for Co nc. l' s consideration..
Larson moved to amend Section 27.24.030 (2), Signs Prohibited, to strike the words "balloons
and tethered balloons". The motion was seconded.
Hafferman stated he will not be voting; for any of the amendments because the whole ordinance is
`4 cay .nish" and designed to tighten the screws on business.
The motion to amend carried upon vote with Gabriel, Herron, Kenyon, Kluesner, Larson,
Olson and Mayor Kennedy voting In favor, and Atkinson and Haf erman voting against.
Larson moved to delete Section 2 .2 ,o o (3), "Streamers, pennants, etc". The motion was
seconded,
There was no discussion.
The motion to amend carried upon vote with Atkinson, Herron, Kenyon, Iluesner, Larson,
Olson, and Mayor Kennedy voting In favor, Gabriel votln.g against, and. Haffern an abstaining.
Larson moved to delete Section 27.2 .030 , "Banners on public property, etc". The motion
was seconded*
Larson stated he feels no one would he able to hang the lame banners on Main Street iths section is
left ill.
Sorensen explained that banners would still be allowed as long as a permit is obtained from Public
Works.
Larson withdrew his motion to amend. The second concurred.
Larson moved Section 27.2 .0 0 3 d , "Signs for Shopping Centers and/or Multiple
Businesses", be deleted. henotlon was seconded.
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There was no discussion.
The motion to amend carried upon vote with Herron, Kenyon, Kluesner, Larson, Olson., and
Mayor Kennedy voting in favor, Atkinson and Gabriel voting against, and Hafferman
abstaining.
There was discussion about special evert signs.
Olson moved to amend Section. 2 .2 .o5o 3 and delete the words "search lights" and
"beacons". h motion was seconded.
The motion to amend carried upon vote with Atkinson., Gabriel, Herron, Kenyon, Kluesner,
Larson, Olson and Mayor Kennedy voting in favor, and Haberman abstaining.
Herron moved that the H- I district be included in Section .2 . 0, "Permitted Signs in Zones
-21 -3 -, -, 1-1 and -". The motion was seconded.
Herron said he's received input from the medical community that they are limited in ways to
advertise their businesses. He said the doctors should be able to get the same exposure as other
businesses.
Atkinson said it's very important to him to be able to find the emergency room or other locations he
reeds. He said he feels this amendment would be a "grievous mistake".
Wilson agreed, stating the H-1 zone would not be a good candidate for this change. The purpose is to
reduce clutter and make si na e simple in the H-1 zone, which s also governed by a planned unit
development agreement.
Herron stated that he has had complaints on signa e issues in regard to medical office uildin s that
are not located in the PUD, and he thinks it's important to be able to find different doctors' offices i
that area which he feels is "very goofy"';
There was discussion concerning billboards.
Wilson said the concern to be able to provide adequate si na e to hose businesses could be easily
addressed y amending 27.24.101(2), l ennitted Signs in the �-1 Districts.,tri in tie ver i e
"and shall not exceed a total of 40 square feet total per developed parcel" after the wording, `Wall
signs shall not exceed 20 square Feet per use"".
Olson asked if Herron would he agreeable to Wilson's suggestion.
Herron said he would like .his amendment as made to be voted on.
The motion to amend failed with Herron, Larson and Olson voting in favor, .Atkinson, Gabriel,
Kenyon, and Mayo- Kennedy voting against, and Kluesn.er and Hal ear nan abstaining.
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Larson moved to amend 1 . , o 2 "Permitted Signs in the H-1 Districts", and delete, `'and
shall not exceed a total of 40 square feet total per developed parcel"' after the wording, "Wall
signs shall not exceed 20 square feet per use". The motion was .seconded.
The motion to amend carried. with Gabriel, Herron, Kenyon., Klue ner, Larson, Olson and
Mayor Kennedy voting in favor, Atkinson voting against, and Hafer an abstaining.
The main motion as amended five times carried upon roll calk vote with Atkinson, Gabriel,
Herron, Kenyon, Klnesner, Larson, Olson and Mayor Kennedy voting in favor, and
Ha Ferman voting against.
E . RESOLUTION 50— STOP SIGNS — 8TH AVENUE WEST AT 5TH STREET
WEST
A traffic study performed at the request of residents has determined that stop signs are warranted o
8th Avenue West at 5th Street West.
Larson moved Resolution 5067, a resolution approving the placement of stop signs on 8th
Avenue West at its intersection with 5th Street West and declaring an effective date. The
motion was seconded.
Patrick gave a staff report.
The notion carried unanimously upon roll call vote.
, MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action
Larson commented that too many issues are being sched led for work sessions after long meetings,
and he is worried about being able to make good decisions.
Patrick congratulated Larson for being named as President of the Montana vague of Cities and
Towns.
G. ADJOURN
The meeting was adjourned at 9.-47 P.m.
Flak"M.*1-6
............... .
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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