02/22/11 City Council Minutes' 1• :' a' 1ILW-11009j I Wei 9 MAO 1 193 DI• y
Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Chief of Police Roger Nasset, Fire Chief Dan Diehl, Parks Director Mike Baker, Planning
Director Tom Jentz, Planner 11 PJ Sorensen, Revolving Loan Fund Manager Wade Elder, and Deputy
City Clerk Judi Funk.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
There was no discussion.
1 i i 1' 1i i ` 1
Council Minutes — Regular Meeting — February 7, 2011
2. Operating Agreement — Tourism Business Improvement District and the Kalispell Chamber
of Commerce
This agreement approves the form and details of the operating agreement that sets forth the
rights and responsibilities of the TBID and the Chamber of Commerce.
3. Firefighter Confirmations
Soren Koetter and Jeremy Grady have successfully completed their probationary period with
the Kalispell Fire Department.
4. Recognition — Rosie Olesen — Serve Montana Award
Parks and Recreation volunteer Rosie Olesen has received the Governor's office
"Outstanding Community Volunteer" award for 2011.
5. Proclamation — Through with Chew Week and The Great American Spit Out
Larson moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
Kalispell City Council Minutes
February 22, 2011
Page 1
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Joe Unterreiner, President of the Chamber of Commerce, presented the Chamber's Annual Report
and described their plans for 2011.
Greg Goode, 1639 Highway 2 West, noted he is concerned with the city, state, and federal
governments' waste of money, citing the area's constant running of mostly empty buses as an
example.
The proposed amendment would add an annexation policy to the Kalispell Growth Policy 2020.
Jentz gave a presentation.
Mayor Fisher opened the public hearing.
Proponents
None.
Opponents
None.
Mayor Fisher closed the public hearing.
�; !'17METRITI
Vince Padilla has requested an amendment to the DEV Properties PUD agreement to allow the
Boiler Room to serve beer and wine under an on -premises consumption beer/wine license.
Jentz gave a report.
Harball answered questions.
Public Comment
Lex Blood, 844 3rd Avenue East, urged council to deny the request because the proposed change has
a high chance of altering the neighborhood and violates the growth policy.
Kalispell City Council Minutes
February 22, 2011
Page 2
Hannah Wilson, 427 6th Avenue East, Flathead High School student, commented that safety is a big
issue because there are tons of kids in the neighborhood and this amendment would have a negative
influence.
Judith Pressmar, 844 3rd Avenue East, remarked that she values the renovation of Eastside Brick and
it is an asset to the neighborhood, but alcohol was not envisioned with the site plan and this would be
a dangerous precedent.
Joanne White, 836 7th Avenue East, said she is concerned with the safety of the children, and the
playground directly across the street from the Boiler Room is an accident waiting to happen.
Don Nelson, 43 Woodland Park Drive, noted the neighborhood will be adversely affected if this goes
through.
Vince Padilla, 723 5th Avenue East, reiterated that their intention is not to be a "bar", but to be a
restaurant that serves beer and wine.
Lance Isaac, 728 8th Avenue West, remarked that zoning laws are there for a reason and he would
hate to see a precedent set for other neighborhoods.
Greg Ennis, 810 7th Avenue East, said this is primarily a safety issue and he is concerned with the
integrity and the future of the neighborhood.
Dale Haarr, 80 Buffalo Hill Drive, noted that zoning has been around longer than PUDs and he hates
to think of the precedent this would set for other neighborhoods.
Laura Behenna, 648 5th Avenue East, commented that she has doubts about Padilla's ability to run a
place that serves beer and wine and this would be a big experiment in the neighborhood.
Charlette Padilla, 723 5th Avenue East, gave examples of coffee houses in Lakeside and Bigfork that
serve beer and wine that do not have "bar' atmospheres.
Floyd Bechtel, 747 6th Avenue East, said he fears for the children and speeding cars.
Jeff Derkle, 1435 3rd Avenue East, stated he agrees with all of the previous reasons to deny the
amendment.
Rebecca Groose-Jones, 630 5th Avenue East, remarked that just because a place wants to add beer
and wine to a menu is not a compelling reason to change the zoning.
(Ordinance 1691 was not acted on)
Larson moved the council deny the PUD Amendment for the Boiler Room to serve beer and
wine. The motion was seconded.
Kalispell City Council Minutes
February 22, 2011
Page 3
Larson asked council to deny the amendment stating he feels adding beer and wine would endanger
the safety of neighborhood kids.
Hafferman commented he will vote to deny the amendment because it is not allowed in the zone or
allowed by the PUD.
Gabriel said this could have unintended consequences and she will vote to deny.
Mayor Fisher remarked this is not an urban area and the amendment is not in compliance with the
growth policy.
Saverud commented decisions have to be made in the best interests of the community, and he sees no
compelling reason to change the PUD.
Kenyon stated he can see both sides of the issue, but the integrity of the neighborhood overrides the
possible good of the license.
The motion carried unanimously upon roll call vote with Atkinson absent.
E/2. RESOLUTION 5481 — PRELIMINARY PLAT EXTENSION — BLOOMSTONE
PHASES I -A & I-B
The Bloomstone Subdivision developers have asked for a one-year extension of the preliminary plat
for phases I -A and 1 -13 which include the northern 21 acres of the 85-acre project site located on the
north side of Four Mile Drive.
Jentz, gave a report and answered questions.
None.
Saverud moved Resolution 5481, a resolution approving a one-year extension to the
preliminary plat of Bloomstone Subdivision, Phases 1-A and 1-B. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote with Atkinson absent.
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February 22, 2011
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This resolution approves an agreement with the State of Montana for a southbound left -turn signal at
the intersections of U.S. Highway 93 and Grandview/4 Mile Drives, and eastbound and westbound
left -turn signals at the intersection of Whitefish Stage and Reserve.
Howington gave a report and answered questions.
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UPN 7564 with the Stateof r + by r through the Department of
Transportation. r in was seconded
None.
E/4. ORDINANCE 1692 PARKING COMMISSIONAND PRIVATEPARKING
IST READING
Ordinance 1692 provides the necessary legislation to regulate and enforce parking rules within the
parking lots of the city that are supervised by the Kalispell Parking Commission.
Harball gave a report and answered questions.
r r r
None.
Kenyon moved first reading of Ordinance 1692, an ordinance to amend Section 17-54,
Kalispell City Code, by adding subsection 17-54-1 specifically regulating parking lots within
the city that provide public parking and providing the authority to the Kalispell Parking
Commission to supervise and regulate such parking lots, and declaring an effective date. The
motion was seconded.
Council Discussion
None.
Kalispell City Council Minutes
February 22, 2011
Page 5
The motion carried unanimously upon roll call vote with Atkinson absent.
This resolution schedules a public hearing for March 21, 2011 on a proposal to modify utility rates
over a five-year period beginning with the present year (2010/11).
Howington gave a report and answered questions.
Public Comment
Q
Kenyon moved Resolution 5483, a resolution setting a date for a public hearing on a proposal
to adopt increases in the fees, schedules, rates, charges, and classifications imposed on utility
customers of the City of Kalispell. The motion was seconded.
Council Discussion
Kluesner commented that he does not like the wording in the third "Whereas" of the resolution
because this is a staff proposal, not a council proposal.
Hafferman said he will vote against the resolution because the proposal includes water and solid
waste fees that were not discussed in the work session on sewer rates.
Larson disagreed, stating all of the fees, including water and solid waste, were discussed in the work
session.
Kluesner moved to amend the third Whereas as follows: "Whereas, the City Council, in order
to adequately fund the City's utility enterprise operations, proposes is evaluating the
following:" The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Atkinson absent.
There was no further discussion.
The main motion, as amended, carried upon roll call vote with Gabriel, Kenyon, Kluesner,
Larson, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and
Atkinson absent.
Howington said discussion on financial policies will continue at the next work session.
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February 22, 2011
Page 6
Mayor Fisher invited the public to a Conference Center Scoping Session on February 25 from 3:00 to
5:00 pm in the council chambers.
Larson asked that a work session be scheduled after the public hearing on the utility rates.
The meeting was adjourned at 9:37 p.m.
Approved March 7, 2011
Theresa White
City Clerk
Kalispell City Council Minutes
February 22, 2011
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