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11/07/11 City Council Minutes1 1,sky % 91IF&WI 1 .. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Acting Fire Chief Dave Dedman, Municipal Court Judge Heidi Ulbricht, Senior Planner Sean Conrad, Community Development Manager Katharine Thompson, 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. Larson moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Council Minutes — Regular Meeting — October 17, 2011 2. Proclamation — National Hospice and Palliative Care Month Saverud moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. fNNE11"'. ilAM a ►T� i�i D1►" Jerry Nix, 770 North Main Street, recognized those individuals who helped to save his nephew Beau Bronson's life, including Kyle and Victoria Lockwood, and the police officers and fire fighters who responded to the scene. Nasset and Dedman presented awards. 1 , 1 1 1 •; 1 ., it i 1 1 1 1 111 Ingil As part of a continuing effort to make the city's zoning regulations user-friendly and current with changes in state law, the planning board has recommended a text amendment to update and revise four sections of the Kalispell Zoning Ordinance. Ordinance 1702 passed on first reading October 17. Kalispell City Council Minutes November 7, 2011 Page 1 Public Comment None. Atkinson moved second reading of Ordinance 1702, an ordinance amending the City of Kalispell Zoning Regulations codified at Chapter 27 of the Kalispell Municipal Code, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion None. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor and Saverud abstaining. D/2. RESOLUTION 5531 — MDOT GRANT ACCEPTANCE AND BUDGET APPROPRIATION The Kalispell Municipal Court has been awarded funding for the continuation of its DUI court implementation program in an amount not to exceed $97,000. Ulbricht gave a report and answered questions. Public Comment None. Saverud moved Resolution 5531, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2011-2012 budget adopted by the City Council for the purpose of acceptance of a Montana Department of Transportation "DUI Court Implementation" grant for the continuation of the DUI Court Implementation program in Kalispell Municipal Court. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. 1;/3. ENGINEER OF RECORD — PRIMARY DIGESTER REPAIR AND LID REPLACEMENT PROJECT Three Statements of Qualification were received for necessary repairs to the wastewater treatment plant's primary digester. Staff is recommending HDR/Morrison-Maierle Engineering be selected as the Engineer of Record for the project. Howington gave a report and answered questions. Kalispell City Council Minutes November 7, 2011 Page 2 Public Comment None. Gabriel moved to select HDR/Morrison-Maierle as the Engineer of Record for the primary Digester Repair and Lid Replacement Project. The motion was seconded. Council Discussion None. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Kluesner voting against. D/4. RESOLUTION 5532 — ANNEXATION REQUEST — DEPARTMENT OF MILITARY • The State Department of Military Affairs is requesting annexation of approximately 20 acres of property which is the current location of the National Guard facility on the east side of Highway 93 North. Conrad gave a report and answered questions. Public Comment Steve Herzog, CTA Architects and Engineers, answered questions concerning the impact fees, which total $135,000. Kenyon moved Resolution 5532, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Tract 2 of Certificate of Survey No. 8594 located in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", to be known as National Guard Addition No. 415; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. D/5. ORDINANCE 1703 — INITIAL ZONING REOUEST — DEPARTMENT OF MILITARY •' — I ST READING The state department is also requesting a zoning designation of P-1, Public, upon annexation of the above mentioned property located approximately one mile north of the intersection of Highway 93 North and West Reserve Drive. Kalispell City Council Minutes November 7, 2011 Page 3 Public Comment None. Kenyon moved first reading of Ordinance 1703, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning certain real property more particularly described as Tract 2 of Certificate of Survey No. 8594 located in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, (currently zoned County SAG-10 (Suburban Agricultural) to City P-1 (Public)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. W EININUGIII.; Edward (Mick) Hagestad is requesting a conditional use permit to allow the construction of a 2,800 square foot building to be used for storing painting equipment and materials on property located at 1020 West Center Street. Conrad gave a report and answered questions. Public Comment Kathy Fabel, 1030 West Center Street, stated she lives next door to the property and is requesting that all painting and staining be done inside because they have no protection from the fumes. Mick Hagestad, 115 Garland Street, commented that he sympathizes with the Fabels and he wants to be a good neighbor. He said they don't intend to do a lot of work outside, especially with oil paint, but he wants the flexibility to be able to do so. Larson moved council approve the conditional use permit for 1020 West Center Street with the requested amendment to Condition 2. (The amendment reads, "A painting/staining booth shall be installed in either the existing or proposed building. The paint booth shall meet all applicable building and fire codes. After the paint booth is installed all outside painting and staining of materials shall be conducted in the southwest corner of the property, on the south side of the existing building, using primarily water based paints.") The motion was seconded. Council Discussion Saverud noted that he supports the CUP, but added he will abstain from the vote because his business occasionally supplies product to Hagestad. There was discussion concerning outside painting and steps Hagestad could take to minimize fumes when painting outside. Kalispell City Council Minutes November 7, 2011 Page 4 There was discussion regarding Knox Locks and private property rights. Kluesner moved to amend Condition 3 to state: "If a security gate is used on the property, it is recommended but not required that the owner shall install a Knox Lock at the gate in a location approved by the Kalispell Fire Department." The motion was seconded. The amendment carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Zauner, and Mayor Fisher voting in favor, and Kenyon, Larson, and Saverud voting against. There was no further discussion. The main motion, as amended, carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor, Gabriel and Kenyon voting against, and Saverud abstaining. I Ordinance 1704 amends the West Side Urban Renewal Plan including expanding the plan boundary. A public hearing on the proposed amendments and expansion was held on October 17. Howington gave a report and staff answered questions. Public Comment None. Saverud moved first reading of Ordinance 1704, an ordinance modifying the Kalispell Montana Urban Renewal Plan as it relates to the West Side Urban Renewal District by extending the district's boundaries to include areas of blight found to exist contiguous to the existing district boundaries. The motion was seconded. Council Discussion Hafferman noted that removal of the tracks is the only significant project that he can see and we need incentives for those who want to build now. He said we need county -wide long range planning. Kluesner commented he doesn't feel the fairgrounds should be included in the plan stating it is the county's responsibility. Muesner moved to remove the Flathead County Fairgrounds from the Urban Renewal Plan boundaries. The motion was seconded. There was discussion. The amendment failed upon roll call vote with Hafferman and Kluesner voting in favor and Atkinson, Gabriel, Kenyon, Larson, Saverud, Zauner, and Mayor Fisher voting against. There was no further discussion. Kalispell City Council Minutes November 7, 2011 Page 5 The main motion carried unanimously upon roll call vote. 1 '. I'1 1�II '11ARMORM This ordinance would amend the existing animal regulations to add ducks to the current limitation of keeping no more than 15 chickens on a city parcel. Harball gave a report and staff answered questions. Public Comment Amy Kenfield, 410 10th Avenue West, remarked she has had nothing but frustration with the chickens and ducks; the smell is horrid, there is constant noise, and now they have a serious mouse infestation. Diane Groves, 436 10th Avenue West, stated she has lived in her house for almost four years and never had a mouse problem until last year. She said she doesn't know why anyone has mice. Randy Saunier, 424 10th Avenue West, commented that until the chickens arrived they never had any mice and requested that fowl either be eliminated on small lots or the setbacks be increased. He noted this is a serious health and safety concern and his and his neighbors' property values have been affected. Kathleen Vernon, property owner of 10115th Street West, stated there was never a mouse problem before the chickens and ducks arrived and noted the compost pile is located right next to the alley. Francie Lipp, 23 Windward Loop, noted the ordinance needs to be revisited to protect citizens from unhealthy situations and city lots are not appropriate for livestock. Adriana Saunier, 424 10th Avenue West, remarked the situation is intolerable. She said the noise, smell, flies, and mice are a serious problem and she cannot enjoy her property. Zauner moved first reading of Ordinance 1705, an ordinance amending the City of Kalispell Municipal Code regarding the regulation of ducks within the city codified at Chapter 4, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion Gabriel remarked eliminating the ducks will not solve the mouse problem; the compost pile is the problem. She said this issue is no different than allowing someone to paint outside which also affects the neighbors. Zauner commented this is a violation of the nuisance statute and a city lot is no place for ducks. Hafferman noted it takes maintenance to raise chickens and you have to take care of them; we need an ordinance that spells it out. Kenyon agreed the number of fowl is not the issue, but how you take care of them. Mayor Fisher remarked in retrospect she is unhappy with how the council recently handled chickens in the city and she would like a work session to revisit the fowl ordinance. Kalispell City Council Minutes November 7, 2011 Page 6 Larson called for the question. The motion failed unanimously upon roll call vote. Howington reminded those council members on the Subdivision Regulations Review Committiee that there will be a meeting at 3:00 p.m. on Wednesday. Larson requested a work session on the sculpture issue. The meeting was adjourned at 10:13 p.m. Theresa White City Clerk Approved November 21, 2011 Kalispell City Council Minutes November 7, 2011 Page 7