1. Council Minutes - Regular Meeting February 2, 2004A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, FEBRUARY 2, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON,
HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER JIM
ATKINSON WAS ABSENT. COUNCIL MEMBER KART GABRIEL ARRIVED AT 7:05
P.M.
Also present: City Manager Chris Kukulski, 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, Community Development Director Susan Moyer, and Tri-City
Senior Planner Narda Wilson.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Peters moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
I. Council Minutes --- Regular Meeting - January 20, 2004
2. Amended Spring Prairie Planned Unit Development Agreement
The Council approved several "major" amendments to the Spring Prairie PUD on December
15th. Staff requested the Council approve the final Developers Agreement including the
"major" amendments previously approved and several "minor" amendments.
3. Amended Mutual Aid Agreement
The Council approved a mutual aid agreement between the Kalispell Police Department and
the Billings Police Department on January 5th. One revision has been made and the
agreement needs to be resubmitted for approval.
4. Award Bid — Sewage Lift Station #4 — El Dorita
Three bids were received for the El Dorita Lift Station Improvements Project. Settle
Services bid S 155,173.20, LHC, Incorporated submitted a bid of $112,450.00, and Sandon
Construction bid $110,977.00. Staff recommended the contract be awarded to Sandon
Construction.
5. Proclamation — American Heart Association — Go Red for Women Da — February 6 2004
Larson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
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February 2, 2004
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C. STUDENT ISSUES
None.
D. HEAR THE PUBLIC
John Gisselbrecht, 1721 South Woodland Drive, informed the Council that due to the concern over
lack of action being shown by the city to protect and preserve the sacred and historical site at
Woodland Park, as of this date we are notifying the City of Kalispell of a 60-day notice of intent to
sue. He continued that a formal request has also been made for an official investigation by the
Governor's Office and the Bureau of Indian Affairs on the mishandling of this issue. Gisselbrecht
said hopefully this can be resolved before it gets to court, but at this point they see no other option.
Michael Blend, 1069 North Meridian, asked for Council approval of Agenda Item #1, a request for a
conditional use permit to convert an existing shop building into office space.
The following spoke in opposition to Agenda Item #2, a zone change request by the Roman Catholic
Bishop of Helena.
Terry Haueter, 738 1 st Avenue East, stated the property in question abuts her property on two sides.
She said on the east side of the alley where both residences are located has traditionally been
residential and she would like to see it kept that way.
Kevin Calnan, 715 Main Street, said in 1980 that area was zoned residential for a reason; traffic,
parking and the neighborhood. He said the planning board and city council denied similar requests
in 1981 and 1989 and asked that this zone change request also be denied.
Sean Hinchey, 728 1 st Avenue East, said he represents a number of residents that live on that block
and respectively requested the council adopt the planning board's recommendation to deny the zone
change.
Julianne Hinchey, 728 1 st Avenue East, stated 1 st Avenue East is a very busy street and because of
that her children play in the backyard. She said she's concerned that vehicular traffic from a
business behind their residence would endanger her family. Hinchey said she was also asked to
speak in opposition by her neighbor, Corrine Hammer, who couldn't make it to the meeting.
Dan Murer, 700 1 st Avenue East, said he'd like to preserve the historic part of town and doesn't
want it to turn into a parking lot.
Mary Johnson, 611 1st Avenue East, commented the east side should remain residential and the line
between R-4 and R-5 should remain.
Mark Miller, 745 1 st Avenue East, also asked the Council to deny the zone change.
The following s oke in favor of Agenda Item #2.
Ellen Ries, 130 Dover Drive, said she represents St. Matthews and the Roman Catholic Bishop in
Helena. She stated initially the planning board recommended the zone change, but because seven
neighbors spoke in opposition, four related by marriage, planning staff changed its decision. Ries
said she doesn't understand how such a small number can impact property rights and prevent zoning
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February 2, 2004
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that is deemed appropriate one minute and not appropriate the next. She said if a large family moves
into this residence there will be more traffic than the proposed law office would generate. Ries asked
that the council consider the original recommendation from the planning board and approve the zone
change.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E11. CONDITIONAL USE PARMIT—MICHAEL BLENDIMONTANA RENTALS LLC
This is a request for a conditional use permit to convert an existing detached shop building to an
office building. It is located on the east side of North Meridian Road and adjoins property where the
Meridian Point Apartments are located.
Larson moved approval of the conditional use permit for Michael Blend and Montana Rentals,
LLC subject to the recommended conditions. The motion was seconded.
Wilson gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
E12. ORDINANCE 1491—ZONE CHANGE RE VEST —ROMAN CATHOLIC BISHOP
OF THE HELENA —1ST READING
This is a request to amend the Kalispell Zoning Map by rezoning a residential lot situated on the
north side of 8th Street East between 1st Avenue East and Main Street from an R-4, Two -Family
Residential, district to an R-5, Residential/Professional Office, zoning district.
Kenyon moved first reading of Ordinance 1491, 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 29 Sth Street East in Kalispell, Flathead County, Montana
(previously zoned City R-4, Two -Family Residential) to City R-5 (ResidentiallProfessional
Office), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date.
The motion was seconded.
Wilson gave a staff report explaining this request has gone through careful consideration by the
planning board. She said an R-5 zone lies to the west of the alley between Main and 1st Avenue
East, and R-4 lies to the east. Wilson said the Sisters of the Church lived in this residence for many
years and the Church is now interested in selling the property which is a half lot. She said essentially
the biggest problem with the re -use of this property is the size and even under a best case scenario of
removing the garage, you might be able to get two compliant parking spaces that would still require
a variance under an office use. Wilson said the planning board, after reviewing all the variables,
voted against the zone change.
Kenyon said there's already a significant parking problem in that area and he doesn't see any
compelling reason to change the zoning.
Hafferman stated the growth policy is quite clear that the demarcation between R-4 and R-5 is I st
alley east and this property is definitely in the R-4 zone. He said for the last 25 years people living
along 1st Avenue East have had to fight for the integrity of their residential community and this is
another skirmish in the ongoing battle. Hafferman said the planning board voted to deny the request
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February 2, 2004
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for two reasons: parking problems and neighborhood integrity. He said often conditions change
which necessitates change in zoning, but in this case, there has been no change in conditions and
therefore he will support the planning board's recommendations to deny this request.
Larson said he will also vote against the zone change for the same reasons stated by Hafferman.
Olson commented the Church brought up a good point about property rights, but he also feels the
rights of the neighborhood should be considered and this building should remain a residence.
Peters agreed, stating if there was a way to completely segregate the business from the neighborhood
he would probably lean towards approving this, however, because of the zoning and the size of the
property he feels the Council would be digging a hole by approving the zone change which would
then require a variance, etc.
Mayor Kennedy said when you loop at the traffic in the neighborhood and the lack of parking the
zone change doesn't make sense.
The motion failed unanimously upon roll cal[ vote.
F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action
Mayor Kennedy, in answer to Gisselbrecht's statement concerning the historical site at Woodland
Park, said the City has been responsive to the issue and will continue to be responsive. She said
there will be a meeting later this week with Salish and Kootenai tribal members and she hopes
protocol will be developed and possibly a memorandum of understanding with the City on how to
approach future inadvertent discoveries.
G. ` . ADJOURN
The meeting was adjourned at 7:55 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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February 2, 2004
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