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Tab 26 City Council Meeting Minutes October 3, 2005A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY9 OCTOBER 39 2005� IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANAo MAYOR PAMELA B., KENNEDY PRESIDED.' COUNCIL -MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON,� TIM KLUESNER4 DUANE LARSON, AND RANK OLSON WERE PRESENT, Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director ij*xn Hansz,, Community Development Di"rector Sus'an Moyer, Assistant Police Chief Roger Krauss, Fire Operations Chief Dan. Diehl, Kalis Pell Plaiming Department Dff'ector Tom Jentz, Senior Planner Narda Wilson, Planner, Il PJ Sorenson, Parks and Recreation Director Mike Baker and Recording Secretary Judi FunL Mayor Kennedy called the meeting to order and led.the Pledge of Allegiance. A. AGENRA_ VAL Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. -0 The motion canied unannnously upon vote. B, CONSENT AGENDA AEPROVAL L Counciff Mm"utes — Re au lgr Meeting, Sentember 19 2. Check Presentation — HuMca_%�. Katrina Disaster Relief Fund Larson moved approval of the Consent Agenda. The motion was seconded, Mayor Kennedy presented a check in the amount of $8,878.11 to the Red Cross and the Salvation Army for the Hurricane Katrina Disaster Relief Fund. The motion carried unanimously upon roll call vote, r ce SnMENT ISSUES Colin Bradley, 115 Ashley Drive, Mayor of the Youth. Advisory Council, stated that they had their first meeting -of the new school year last week and membership looks pro ' mising. He said they will be pushing for a teen center which is really needed in the community. D* PUBLJC COMMENT 0 Lyle Bartlett,.33 Hathaway Lane, spoke in opposition to the Autumn Creek Subdivision because of traffic concerns and water fights. He requested that a privacy fence be installed On the portion'that borders his property - Kalispell City Council Minutes October 3, 2005 Page I Nancy Rose, .1.483 Highway 2 West, read a lettershe wrote to Council in opposition to the Auturn-n Creek Subdivision. Bonnie Hanson introduced herself as the new General Manager for Bresnan Communications. Larry Parsons, 92 Hathaway Une, spoke in opposition to the Autumn Creek Subdivision and listed h 41 is concerns. He urged the Council to address future traffic needs in that area. Mark Noland, 8 Hathaway Lane, spoke in opposition to the Autumn Creek Subdiv's, 1, ion and stated that he has concerns with the' traffic on Hart Hill. He 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,, spoke 'in opposition to Resolution 5052 and stated he has concems with the definition of "blight". He said old water and sewer lines are maintenance 'issues and they should be taken care of during the normal course of City business. Joanne N ieman, 735 4th Avenue East, spoke 'in opposi tion to Re solution 505 2 and wo ndered what the tax benefit was from previous districts. Norah Kom, 82 3rd Avenue WN, asked what would happen to the taxes that she pays in the area slated for the IIF district., Clarice Gates, 426 7th Avenue West, spoke in opposition to Resolution 5052 and asked questions. Bill Boger, 2512 Mission Trail, TD&H Engineering, stated he represents the Hershberger'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 ion a westbound deceleration lane on Highway 2 at Hathaway Loane. Kristine Curtis, 530 Sylvan Drive, spoke against Resolution 5052 and said she was concerned with the schools' funding if thi's goes through. Valerie Parsons, 92 Hathaway Lane, speaking on the Auturnn 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 coming out of Hathaway Une is "seary". She said if s a very dangerous area and another exit is needed. E. . REPORT OMMENDATIONS AND SUBS ENT COUNCIL ACTION E/1.' RESOLUTION 5052 — RESOLUTION UINDING THAT BLIGHT EXISTS — BNSF TIF DISTRICI (TABLED. SEPTEMBE Kalispell City Council Minutes OctobeT3,2005 Page 2 Resolution 5052 determines that blight exists within the area north of the railroad tTacks to Men* than Road and from INUM Street to Seventh Avenue West. Resolution 5052 was tabled at the September 6 meeting,. Larson moved Resolution 5052 be removed from the table. The motion was seconded. The motion carned with Atkins -on, Gabdet, Rafferman, Herron, Kenyo . n, 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 m*definitely cam*ed upon roll call vote with Gabriel, Hafferman, Herron, Larson, Olson and Mayor Kennedy voting in favor, and Atkinsonand Kenyon voting agam*st. RIESOLUTION'5063 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEtLMNG —OLD SCHOOL STATIQ.N SPECIAL IMPRO DISTRICT-344 Resolution 5063 bewns the process to establish a special hnprovement district to benefit specific property located 1.9 nu'les south of Four Comers, east of Rocky Cliff Road. A public heafing is scheduled for November 7. Gabriel moved Resolution 5063, a resolution relating to Special Improvement District No, 344; declaloing it to be the intention of the City Council to areate the district for the purpose of undertaidog certain local improvements and financing the costs thereof and incidental thereto through the 'issuance of special improvement district bonds secured in part by the City's Special Improvement'District Revolving Fund. The motion was seconded. Patrick gave a staff report and answered questions.. Hafferman stated -he norrnally wouldn't have any- concems wim an SED when it's being p "d by the 0 property owners, but a TIFis lurking in the background'. He said if theTIF is ffi.itiated the costs will be thrown on the backs of the taxpayers,, Haffennan commented "we are being 'incrementally led down the rosy patV, and he doesn't like that method of doing business. Olson asked why the owners are requesting.an SID instead of borrowing the money., Patrick stated the developers are borrowing money to pay for the extension of the sewer and water liones to the property; the SID i's for the internal infrastructum, The motion carded upon roll call vote with Atkinson, Gabriel, Kenyon, Hermn, Kluesner, Larson, Olson a.nd..Mayor Kennedy voting in favor, and Hafferman voting agam*st.. E/30 . RESOLUTION 5064 — ANNEXATION — AUTUMN CREEK SUBDIVISION Lee and. Linda Hershberger are requesting annexation of approxfinately 9 acres located north of Highway 2 West,. on the east side of Hathaway Lane Kalispell City Council Minutes OctobeT 3, 2005 Page 3 K'enyon moved Resolution 5064, 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 Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township:28 North, R.ange 22 West, P.M.M. Flathead County, Montana, to be known as Hersh berger Add ition No. 369,6 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, zoning, and preliminary plat and answered questions. Mayor Kennedy noted some changes to the preliminary plat conditions 'Including a requirement to widen Hathaway Lane atits 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 road situation, aind he would Ue to find another access. He added he's also concemed that if the city doesn't annex this property, the developers wil I 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 i's not immediately adjacent to the city. He said he can't support this subdivision at 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 I's a bad intersection and he's not convinced that the proposals to make it safer are adequate. There. 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 a] ong 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, Haftennan, Herron, Kenyon, Kluesner, Lars -on and Olson voting against. E/4. ORDINANCE 1553 — INITiAL ZONING — AUTUMN CREEK SUBDIVINION — 1ST READING (NQTACTED E/5, RES 0 ON 5065 — PRELIMINARY PLAT — AUTUMN CREEK SUBDIVISION � I Lko. T A E/6. CONDITIONAL USE PEMWIT — AUTUMN CREEK SUBDIVISION fl�OT ACTED ONJ Kalispell City Council Minutes October 3,1 2005 Page 4 ORD NANCE 1554 — ZONING TEXT AMIE AmERWAN lc"rrOL 1 NG Big. Sky Properties, on behalf of American Capitol, is requesting an amendment to the Kalispell Zoning Ordinance to allow light assembly in the B-3, Community Busm*ess,,. zoning district. Kenyon moved first reading of Ordinance 1554, an ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1460), by amending the &2, General Business, and the Bw3j 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. There was no discussion# The 'Motion carn*ed unanimously upon roll call vote. E/8,, RESOLUTION SQ66 ..FINAL EL&T —THE ED PLAT OF LOTS 11 AND 122 BLOCK 53 S -ORIGINAL KALI PELL 4 Thi's 'is a request for final plat approval of a commercial subdivision that creates two lots on property located on the southeast comer of 2nd Street West and 3rd Avenue West. Kenyon.moved Resolution. 5066, a resolution approving the final plat of the Amended Plat of Lots 11 and 12, Block 53,- Kalispell Origina� described as a portion of Portion A of the Amended Plat of 2 Tracts of Land in Lots 11'& 12, Block 53, Kalispell 0 al, located in rIgm , Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson gave astaff report and answered questionsO There was no discussion. The motion carried unanimously upon roll call vote. E/9, F1 T — SINOPAH SUBDIVISION This is a request for final plat approval of Sinopah Subdivision that plats 16 single-family lots and 8 sublots on approximately 5.5 acres located between Northwest Une and Meridian Road,, north of Three Mile Drive. Herron moved Council accept the subdivision improvement agreement and approve the final plat:of Sinopah Subdivision. The motion was seconded. Wilson gave a staff report. Kalispell City Council Minutes October 3, 2005 Page 5 Herron -commented that this is an example of a good. subdivision, done correctly. The motion carried unanimously upon vote.. E/10. ORRIAANCE 1555 —ZONING TEXT AMENDMENT � SIGN REGUIAIIONS — IST REARING At the September 6 meeting Council voted down an ordm"ance anaending the current sign regulations. A work session was held September 19 and thi's ordinance reflects changes made at that meeting. Atkinson moved first reading of Ordinance 1555, an ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1460), by amending Section 27.24, Si n Regulations, declaring an 19 effective dateg and authorizing the City Attorney to codify the same. The motion was seconded. Wilson gave a staff repoirt and explained that ftom the discussion at the- work session, three amendments have been offered for Council'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. 9 Ffafferman stated'he will -not be voting for any of the amendments because the whole ordinance is t;4 , k picayunish" and designed to tighten the screws on business. The motion to amend carn*ed upon vote.with Gabriel, Herron, Kenyon, Kluesner, Larson, Olson and Mayo r Kennedy voting in favor, and Atkinson and Hafferman voting against. Larson moved to delete -Section 27.24.030 -(3), "Streamers, pennants, etc". The motion was seconded. There was no discussion. The motion to amend carried upon vote with Atkinson, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, Gabriel voting against, and Hafferman abstaini 0 nge Larson moved to delete Section 27.24.030 (4), "Banners on public propertv,, etc". The motion was seconded. L.arson stated he feels no one would be able to hang the large banners on Main Street if this section i I is I e ft 'in. Sorensen explain'ed 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. V Larson moved Section 27.24.080(3)(d), '"Signs for Shopping Centers and/or Multiple Businesses". be. deleted. The motion was seconded. Kalispell City Council Minutes October 3. 2005 -Page 6 There was no di�cussion. The motion to amend cam-ed upon vote with I-lerron, Kenyon, Kluesner, Larson, Olson,, and Mayor Kennedy voting in favor, AtIdnson and Gabriel voting against, and Rafferman abstaining* There was discussion about special event signs. Olson moved to amend Section 27.24.050(c)(3) and delete the words "'search lights"' and 0 "beacons".. The motion was seconded. The motion to amend carried upon vote with AtIdnson, Gabn*el, Herron, Kenyon, Njuesner, Larson, Olson and Mayor Kennedy voting in favor, and Hafterman abstaintng. flerron moved that the 114 district be included in Section 27,24.110, "PermUted Signsin Zoones B-2� B-3, B49 B-59 I -I and 1-211. The motion was seconded, Herron said -he's, received input from the medical connaunity that they are limited- ion 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 needs. He said he feels this amendment would be a "grievous im' stake". Wilson agreed, sta.ting the H- I zone would not be a good cand idate for this change. The purpose is to reduce clutter and make signage simple M the H4 zone, which i's also governed by a planned unit development agreement'. Herron stated that he ha's had complaints on signage issues -in regard to medical office buildings that are not located in �the PUD, and he thinks it"s important to be able to find di fferent doctors" offices in that area which he feels 'is "very goofy), There was discussion conceming billboards, Wilson said the concern to be able to provide adequate signage to those businesses could be easily addressed by amending 27.24.101(2), Permitted Sigm 'in the H-1 DistTicts, by stfiking the verbiage,, '"'and shall not exceed a total of 40 square feet total per developed parcel" -after the'Wording, "'Wall signs sball not exceed. 20 square feet per use"'. Olson asked 'if Herron would be 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 votingin favor, AtIdnson, Gabriel, Kenyon, and Mayor Kennedy voting against, and Kluesner and Hafferman abstaining. Kalispell City Council Minutes October 3, 2005 Page 7 Larson moved to amend 17.24,101(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, Kluesner, Larson, Olson and A a iwayur-K-en-n-edy-rofingin-f �ayor;-Alldnson -- voting-against�- and - Hafferman abstaining, The main motion as amended five times camed upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, I Larson, Olson and Mayor Kennedy voting in favor, and Hafferman voting against. E/1 to RES0 ON 5067 — STOP SIGNS — 8TH AVENUE WEST AT 51H -strREET WIEST A traffic study performed at the. -request of residents has detennined that stop signs are warranted on 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, . lr�r Patrick gave a stair report. The motion carried unanimously upon roll call voteV F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No -Action) Ia r-son commented that too many issues are being scheduled for work sessions after long meetings, and he 'is wom"ed about being ableto make good decisions. Patrick congratulated Larson for being narned as President of the Montana Izague of Cities and Towns. G. ADJOURN The meefling was adjourbed at 9:47 p.m., ATTEST: 0, Theresa White City Clerk Approved October 1.7, 2005 Kalispell City Council Minutes OctobeT3,,2005 Page 8