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12/01/03 City Council MinutesA 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 J M ATKINSON, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, 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 Frank Garner, Fire Chief Randy Brodehl, Public Works Director ,lire 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 1. Council Minutes --- Regular Meeting November 17 2003 2. Award Bid — Demolition and Parking Lot Construction Project A total of eight bids were received for demolition of the old Montana Motorsports 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 10th. 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. Kalispell City Council Minutes December 1, 2003 Page 1 A 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 BTD 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 Norge. 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 them. 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. Kalispell City Council Minutes December 1, 2003 Page 2 F. REPORTS/RECOMMENDATIONS AND SUBSEOUENT COUNCIL ACTION F/I. 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. Hafferan 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". Hafferman 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 wi11 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. F/2. 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. Kalispell City Council Minutes December 1, 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 formula. 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 determined 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 permissible. 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. Kalispell City Council Minutes December 1, 2003 Page 4 F/3. 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 361, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Jentz 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 learning 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. F14. RESOLUTION 4854 — FINAL PLAT — 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. Ff5. 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- Kalispell City Council Minutes December 1, 2003 Page 5 3, Single Family Residential) to City R-5 (Residentiat/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 1.488 — ZONING TEXT AMENDMENTS — CITY OF KALISPELL -- 1ST 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 Rcsidential/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 PUD in the R-4 zone from 10 to 12 units because that's the current number of maximum 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 creating 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. OIson asked why not make it 13 dwelling units per acre 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. Kalispell City Council Minutes December 1, 2003 Page 6 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. Lcistiko 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. Pamela B. Mayor ATTEST: Theresa White City Clerk Approved December 15, 2003 Kalispell City Council Minutes December 1, 2003 Page 7