1. Council Minutes - Regular Meeting December 1, 2003A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, DECEMBER 1, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON,
FRED LEI.STIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL
MEMBER TED POLER WAS ABSENT.
Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Prank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz,
Finance Director Amy Robertson, Tri-City Planning Director Tom Jentz and Senior Planner Narda
Wilson.
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
Council Minutes — Regular Meetin * November 17, 2003
2. Award Bid — Demolition and Parking Lot Construction Project
A total of night bids were received for demolition of the old Montana ?vlotorsports building and
construction of a parking lot. The bids received were from Davidson Construction, Goose Bay
Equipment, Helena Sand & Gravel, JTL Group, Inc., LHC, Inc., REB, LLC, Settle Services and
Sandon Construction. Staff recommended the bid be awarded to LHC, Inc. for the amount of
$57,974,05,
Leistiko moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
C. STUDENT ISSUES
Kate Reese, President of the Kalispell Youth Advisory Council, introduced Amanda Dudis, a high
school sophomore, as one of the students who will be accompanying Mayor Kennedy to the National
League of Cities and Towns in Nashville December I Oth. She said the other student attending is
Madison Hutchins, a senior. Reese said the students are able to attend through a Flathead Prevention
Alliance grant.
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December 1, 2003
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D. HEAR THE PUBLIC
Gordon Pirrie, Western Outdoor, asked the Council to send a letter of thanks to the students of
Linderman School and to Dan Johns, Kidsports, for their help in decorating the downtown.
E. PUBLIC HEARINGS
Council accepted public comments on the following:
1. Kalispell Downtown Business Improvement District Expansion
Mayor Kennedy opened the public hearing.
Proponents
Gordon Pirrie, 420 Lakehills Lane, stated it's great that the BID is finally coming together and
hopefully it will be as successful as other communities around the United States.
Opponents
None.
Mayor Kennedy closed the public hearing.
2. Spring Prairie/Section 36 Planned Unit Development Agreement Amendment
Mayor Kennedy opened the public hearing.
Proponents
None.
Opponents
Dale Luhman, 169 Trailridge Drive, said he is concerned with three of the amendments and asked
the Council not to approve a third access from the development onto Highway 93; he asked that a
forty foot height limit be required, not sixty feet; and he commented that the neighborhood plan
clearly states that no gaming is to be allowed yet the staff report indicates that "incidental" gambling
will be permitted. Luhman said it seems that agreements in zoning are good only until the first
person applies to change their. He said his other concern is lighting and asked that exterior lighting
should only be allowed during business hours and be hooded and screened to direct the light
downward.
Mayor Kennedy closed the pubic hearing.
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December 1, 2003
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F. REPORTS/RECOMMENDATIONS „AND SUBSEQUENT COUNCIL ACTION
FII. RESOLUTION 4852 —RESOLUTION EXPANDING THE DOWNTOWN BUSINESS
IMPROVEMENT DISTRICT
Petitions have been received by owners of more than 60% of the area of the property to be added to
the Downtown BID and include Sportsman's, Tidyman's, Dollar Store, Whitefish Credit Union,
Moose's, First National Bank of Montana and Pizza Hut.
Larson moved Resolution 4852, a resolution to expand the Business Improvement District for
the City of Kalispell, Montana. The motion was seconded.
Kukulski gave a staff report explaining eleven properties are included in the expansion.
Hafferirtan said in light of the last sentence in the staff memo he will vote in favor of the resolution.
He said he was happy to read that "the structure of the BID is to be self -funding without reliance
upon City tax dollars". Haffen-nan said that means $25,000, or one mill, in the present budget that
hopefully will carry over and "give us a jump start on next year's budget".
Olson asked why these businesses weren't included in the first place.
Kukulski said at the eleventh hour in the creation of the BID this summer there was a strong
perception by some businesses in the downtown area, primarily the banking industry, that the
properties to the north needed to be a party to the district. He said after several meetings, it was
agreed that levying assessments for the BID would not begin until the district grew by twenty five
percent.
Atkinson said he understands that a person will be hired to specifically work with the businesses to
stimulate the downtown.
Pirrie responded that the BID Board of Directors, once chosen, will be responsible for determining
the direction of the BID and part of that is finding the right person for the job.
Atkinson commented the Council felt the Streetscape project will help with the revitalization efforts
and he hopes the naysayers will feel more comfortable when they see what effect the BID has on the
downtown.
The motion carried unanimously upon roll call vote.
F12. ORDINANCE 1486 — SPRING PRAIRIE/SECTION 36 PLANNED UNIT
DEVELOPMENT AGREEMENT AMENDMENT —1ST READING
The State has requested amendments to the Developer's Agreement for the PUD approved by the
City Council in December, 2001.
Leistiko moved first reading of Ordinance 1486, an ordinance authorizing and adopting an
amendment to the Developer's Agreement for the Planned Unit Development for Spring
Prairie Center. The motion was seconded,
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December F, 2003
Page 3
Kukulski clarified that even though these businesses will be located on public land, a Memorandum
of Understanding signed in 2000 between the City and DNRC clearly states that any lessee of any
property on Section 36 will pay taxes as determined by the State Department of Revenue's taxing
fortnul a.
Jentz gave a staff report explaining that Goldberg Properties, Inc. has been selected by the State to
develop the first phase of Section 36. He said the developer reviewed the PUD document passed by
the City Council in December, 2001 and proposed 18 amendments. He said the Site Review
committee reviewed all of the amendments and detennined that 13 are minor in nature and 5 are
considered "significant". Jentz commented there was a request for gaming as an accessory use and
as a result staff is recommending gaming be allowed as long as the area is no more than five percent
of the business and there is no exterior indication of a casino including signage in a window or on
the building. He said the dilemma is that the cost of liquor licenses is pushing the restaurants into
gaming.
Mayor Kennedy, in response to concerns addressed by Luhman, said final approval for the three
approaches along US Highway 93 will ultimately come from the State on whether those are
acceptable or not, and as far as the height, 60 feet was originally proposed, but following Council
discussions 45 feet was finally decided on.
Olson said Luhman also expressed concern over the change to the neighborhood plan by allowing
gaming. Olson said he doesn't remember discussing the neighborhood plan and asked if the Council
is amending that plan if it passes these amendments.
Kukulski said during the development of the neighborhood plan there was a strong feeling that we
didn't want casinos dotting that entrance to town. He said when discussing the issue again, it was
determined that the reason people didn't want casinos is because of the gaudy signage with flashing
neon. Kukulski said the reason restaurants have not offered to locate in that area is because the cost
of liquor licenses has skyrocketed due to their direct relation to gambling. He said by completely
eliminating outside signage for gambling, it was felt that the development will be able to attract
restaurants.
Olson said he's still concerned the Council is changing part of a neighborhood plan that the residents
in the area felt strongly about.
Jentz responded that the State originally requested that casinos not be allowed in that area. He said
the amendment allows for casinos as an accessory use only and DNRC is comfortable that free-
standing casinos will still not be pennissible.
Olson said it had never occurred to him that it may be possible to limit lighting to business hours and
asked if that would be possible.
Garner responded that lighting significantly reduces the risk of crime. He said the Police Department
feels lighting is essential for a large retail center.
Jentz commented the lights will be shielded and angled at 20 percent.
The motion carried unanimously upon roll call vote.
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F13. RESOLUTION 4853 — PRELIMINARY PLAT — SPRING PRAIRIE CENTER
SUBDIVISION
Goldberg Properties, Inc., on behalf of the Department of Natural Resources, has requested
preliminary plat approval of Spring Prairie Center, a 29-lot commercial subdivision on 54.4 acres of
land located on the west side of US Highway 93.
Kenyon moved Resolution 4853, a resolution conditionally approving the preliminary plat of
Spring Prairie Center, more particularly described as lying in the E2 of the NE4 of Section 36,
Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was
seconded.
.lentz gave a staff report and asked for four minor corrections as friendly amendments to the
resolution. He asked that in condition number 3 the word "public" be added prior to the word
"streets"; in condition 12b change "Highway 3" to "Highway 93"; in condition 12d change the word
"corridors" to corridor"; and in condition 15f change "are intended to raised curb planters" to read
"are intended to be raised curb planters".
There was no objection to the friendly amendments.
Peters commented there was a lot more discussion and discord with the Home Depot site, adding that
he feels the PUD on this project is a lot better just due to the Iearning curve. He said he finds it
interesting that only one person spoke at the public hearing and encouraged citizens to stay involved
in the planning process.
The motion carried unanimously upon roll call vote.
FI4. RESOLUTION 4854 — FINAL PLAT -M- CIRCLE OF STONE SUBDIVISION
Larsen Engineering and Surveying, on behalf of Lazy P Inc., has requested final plat approval of a
two -lot commercial subdivision located at the southwest corner of Third Avenue East and 14th Street
East.
Larson moved Resolution 4854, a resolution approving the final plat of Circle of Stone
Subdivision, described as Assessor's Tract 5-13 located in Section 17, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded.
Wilson gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
F15. ORDINANCE 1487 — ZONE CHANGE — KENNETH SOLUM —1ST READING
Solum has requested a zone change from R-3, Single Family Residential, to R-5, Residential
Professional, for property located at 974 North Meridian.
Atkinson moved first reading of Ordinance 1487, 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 4 Block 7 of Adam's Addition {previously zoned City R-
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December I, 2003
Page 5
3, Single Family Residential) to City R-5 (Residential/Professional Office), in accordance with
the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded.
Jentz gave a staff report and answered questions, stating this is a neighborhood in transition.
The motion carried unanimously upon roll call vote.
F/6. ORDINANCE 1488 — ZONING TEXT AMENDMENTS — CITY OF KALISPELL —
IST READING
City staff is requesting two amendments to the Kalispell City Zoning Ordinance: the first would
allow PUD's to occur in the R-5 Residential/Professional zoning; the second amendment would
allow a maximum density of 14 dwelling units per acre in the R-5 zoning, and change the R-4
residential density from 10 to 12 units per acre.
Leistiko moved first reading of Ordinance 1488, an ordinance amending Section 27.21 of the
Kalispell Zoning Ordinance, (Ordinance No.1460), by allowing Planned Unit Developments in
the R-5, Residential/Professional Office District and increasing the number of maximum
dwelling units in a Planned Unit Development in the R-4, Two Family Residential District and
declaring an effective date. The motion was seconded.
Jentz explained it appears that when the R-5 zone was created years ago, no reference was added in
the PUD section of the code. He said because of the oversight, a PUD overlay is not available in the
R-5 zone. Jentz said this amendment is simply a housekeeping issue to correct that omission. He
said the ordinance also increases the density in a P _'D in the R-4 zone from 10 to 12 units because
that's the current number of >raximum dwelling units you can build in an R-4 zone without a PUD.
Hafferman said because the minimum lot size in an R-5 zone is 7,000 square feet, it would be
impossible to build 7 duplexes to get the 14 dwelling units per acre. He said that would require
49,000 square feet and an acre only contains 43,560 square feet.
Jentz stated the PUD allows a minor density bonus, in other words when credting a design under a
PUD you can have slightly increased density. He said the trade-off is that a PUD undergoes
vigorous scrutiny and the developer has to show that the project provides superior design and
mitigates impacts.
Olson asked why not make it 13 dwelling units per acte and solve everyone's problem.
Jentz said the Council can do whatever it desires, but as you step up through the zones the density
increases.
Olson said he still doesn't understand why 13 units'wouldn't work.
The motion carried upon roll call vote with Olson voting against
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F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Mayor Kennedy announced the Art Walk will be held in downtown Kalispell December 5th and
invited everyone to participate.
Leistiko said the Council needs to look at its cell tower ordinance and include a provision for the
removal of cell towers once they're obsolete.
Olson thanked Hafferman for his letter to the editor which was published in the Daily Inter Lake on
Thanksgiving Day. He said Hafferman explained the elected officials' role in decision making and
he hopes everyone read it.
Hafferman commented his purpose in writing the letter was to clarify that we are a republic system
of government and as such elected officials take an oath to uphold the law and make decisions within
the law. He said to ask that everything we do be put to a public vote is shirking the duty of elected
officials and he feels the mall issue got blown completely out of proportion with counting how many
people were for the mall and how many were against. Hafferman stated we're a nation of laws, not
polls.
Kukulski announced that an orientation session for the new council members is scheduled for the
first part of January and encouraged all of the members to attend.
Kukulski thanked everyone that was involved with creating the business improvement district. He
said the BID will be nothing but a benefit to the city because if a downtown falls into disrepair, it's
the city that suffers.
H. ADJOURN
The meeting was adjourned at 8:32 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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