01/17/06 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7: o0
.M., TUES AY, JANUARY 17,2006, IN THE COUNCIL CHAMBERS AT CITY HALL N
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS EM ERS M A KI SON, K.RI GABRIEL,, BOB HAFFERMAN, BOB HERRON,
RANDY KENYON, T M KLES1 E , AND HANK OLSON WERE PRESENT. COUNCIL
MEMBER DUANE LARSON WAS ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Har ail, City Clerk Theresa White,
Airport Manager Fred Usti o, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Police
Chief Frank Garner, Public Works Director Jiro. Hans , Public Works Assistant Engineer Frank
Castles, and Planning Department Director Tom Jentz.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Olson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Larson absent,
CONSENT AGENDA APPROVAL
1. Council Minutes — " ar Meeting January 3, 200
2. Proclamation — Toastmasters Da — January ar 2 200
Kenyon moved approval of the Consent Agenda. The motion was seconded.
Mayor Kennedy read the proclamation.
There was no discussion.
The motion carried unanimously upon vote with Larson absent.
C. STUDENT ISSUES
None.
D, PUBLIC COMMENT
Bob Stauffer, Schwarz Engineering, commenting on Agenda Item 3, stated the sidewalks in
question were built under the old standards, not the new. In addition, he said Kalis ii's sidewalk
regulations are in conflict with the Montana Public Works Standards which are referred to in the City
standards.
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January 17, 2006
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Wayne Turner, Empire Estates developer, admitted that there is not six inches of gravel under every
sidewalk in Empire Estates,, but he has an engineer's report, and a report from the City engineer,
accepting those sidewalks.
Charles Lapp, Blue Heron developer, said what bothers him most about the sidewalk issue is that the
City has indicated developers are trying to steal something from the homeowners. He said sub-
standard sidewalks don't ne es a ly mean. defective sidewalks and he feels tearing up a hunch o
sidewalks is premature. Lapp suggested the Council rewire a long-term warranty, adding he would
be happy to get a certificate of deposit for however long the City wants,
Jackie Kieser, 545 2nd Avenue East, speaking in support of the lighting standards, presented several
different examples of easy and inexpensive fixes for non -conforming lights. She asked the Council,
however, to change the residential conformance date from January , 2007 to the original
recommended date of September 1, Zoo .
E. REPORTS RECOMMENDATIONSAND SUBSEQUENT COUNCIL ACTION
E .. ORDINANCE 1563 — ZONING TEXT AMENDMENT — LIGHTING STANDARDS -�
I ST READING Tabled at the December 5 beet
Several amendments to the recently adopted lighting standards were suggested by staff as a result of
working with the regulations over the past couple of months.
Kenyon moved to remove ordinance 1563 from the table. (An ordinance amending the
Kalispell Zoning ordinance (Ordinance No. 1460), by creating new Chapter 27.22A, Outdoor
Lighting Standards, declaring an effective date, and authorizing the City Attorney to codify
the same). The motion was seconded.
The motion carried unanimously upon vote with. Larson absent.
Jentz gave a staff report.
Mayor Kennedy reported that Larson is on vacation and even though he can of enter a vote on any
of the issues this evening, he wanted the Council to know how he would have voted and provided
written comments is that she will read at the appropriate times.
Mayor Kennedy read arson's statement on the lighting standards: "I support the amendments
proposed because these changes will i deed make the ordinance .more user friendly. I feel both those
looking for a more stringent standard and hose who would life to see less stringency would both
propose further ` tweaking'. It seems we have reached a reasonable compromise, and should approve
the standard with the proposed charges, with further evaluations of its effectiveness and future
changes if necessary.,.
Atkinson commented that Kieser's request to require residential compliance by September 1, 2006 i
appropriate.
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Atkinson moved to amend ordinance 1563 by craning E i ii' it A, Non -Conforming Lighting,
to read: "Residential lighting that does not conform to the regulations shall be brought into
Compliance with those provisions relating to fixtures and lamps by September 1, 200 ". The
notion was seconded.
Gabriel said even though she agrees in spirit, she feels the homeowners should be given a full year t
comply.
The motion to amend failed upon vote with Atkinson and Kenyon voting in favor, Gabriel,
Haff rman, Herron, Kenyon, Kluesner, Olson, and Mayor Kennedy voting against, and
Larson absent.
Hafferman commented that if the City has a regulation the regulation should be enforced, and this
regulation as it stands will be a nightmare to enforce with regard to residential lighting. He proposed
that several changes pertaining to residential lighting will make this a more usable document.
affern an moved two amendments to ordinance 3* Amend Exhibit A,, Non -Conforming
Lighting, Definitions, Glare, to read: "A luminary that shines intensely beyond the boundaries
of the property on which the luminary is located. An unshielded porch light, notion light or
yard light is considered to emit glare if the unshielded bulb is visible from the neighboring
property", and Amend Exhibit A, Non -Conforming Lighting, second paragraph, to Bread:
"Residential lighting that emits glare shall be brought into compliance with these regulations
by January 1, 200"# The motion was seconded.
Jentz answered questions.
Herron said he feels l a `errnan's amendment on glare is a good amendment because it"s not as
subjective as the original wording.
Olson noted he doesn't necessarily disagree with Hafferman, but people have spent hours discussing
these standards and he's going to stay with the original notion.
Kenyon agreed, stating this ordinance has been '"tin Bred to death"
Hafferman reiterated that his .reason for the amendments is to make the ordinance enforceable.
The motion to amend failed upon Droll call vote with Ha errnan, Herron, and Kln sner voting
in favor, Atkinson, Gabriel, Kenyon, Olson, and. Mayor Kennedy voting against, and Larson
absent.
Jentz answered questions.
Herron moved to amend Ordinance 1563 by changing Exhibit A, Non -Conforming Lighting,
second paragraph, to read: "'Residential lighting that does not conform to the regulations shall
e brought into compliance with those provisions relating to fixtures and lamps b January 1,
2 o9". The motion was seconded,
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Herron commented the biggest problem with this ordinance will be existing structures and the time
limit for conformance should be the same for presidential and commercial.
Gabriel explained the Planning Board gave the businesses three years because It could cost some o
them thousands of dollars to comply, whereas the cost for residential owners ers is minimal.
Kenyon stated the date for residential compliance should be left the way it is because the costs are
different, and because he doesn't think it male sense to bundle commercial and residential buildings
together.
Haf erinan said he will vote for the amendment because it doesn't make sense to have two different
standards.
The notion to amend failed upon roll call vote with Haffern an Herron, and Kluesner voting
In favor, Atkinson, Gabriel, Kenyon, Olson, and Mayor Kennedy voting against, and Larson
absent.
'here was no furtber discussion.
The main notion with no amendments carried upon roll call vote with Atkinson, on Gabriel,
Kenyon, Olson, and Mayor Kennedy voting in favor, Hafferman, Herron, and. Klnesner voting
against, and Larson absent.
E 2. ORDINANCE 1564 - ZONING ORDINANCE ADDENDUM — ARCHITECTURAL
DESIGN STANDARDS — IST READING Tabled at the December 5 neetiu
This ordinance creates architectural design standards for new commercial and multi -family
developments.
Atkinson novel to remove Ordinance 1564 from the table. ►n ordinance creating an
addendum to the Kalispell Zoning ordinance (ordinance No. o), by adopting architectural
design standards, declaring an effective date, and authorizing the City Attorney to codify the
sane) The notion was seconded,
Jentz gave a staff report, stating one of the biggest concerns expressed at the last meeting was that
the standards included "shalls" and "sho lds". He explained the "shalls " are existing regulations that
are on the boobs r* ht now, and the "shoulds" are recommendations that the City would like to see.
Mayor Kennedy read arson's statement on the architectural design standards; "My vote would be In
support of Ordinance 1564. In past discussions of this item, I'm afraid was sidetracked by nay
rhetoric. Should we call it a guideline or a standard`. I realize now it doesn't really natter, the
document serves both purposes. The '`sh.alls" are already on the books and the " he lds" will
encourage those designing and building to make Kalispell a better community. These standards
should apply to all development within the city limits except single family dwellings and duplexes."
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Hafferman said that every component of this document has a standard or regulation already adopted
y the Council and it could create a conflict, therefore, we need to clearly define the purpose and
order of precedence of this document.
Ha 'ferman moved to amend ordinance 1564 by changing the WHAM` on 'age 4, Kalispell
.Architectural Design Standards, to read: "This document is meant to assist developers of
commercial property by emphasizing components of existing Standards and Regulations,,
adopted by the City Council and revised from time to time, In order to letter represent the
vision. the City Council wants for a development". The motion was seconded.
When questioned, Je tz answered that Haf er .an's motion would clarify the City's intent.
Atkinson said he doesn't have a problem With the WHAT that's there; it's more of a. case of
semantics and he will stay with the Planning Board recom eudation.
The amendment carried upon roll call vote with Ha ferman, Herron, Klues er, Olson, and
Mayor Kennedy voting in favor, Atkinson, Gabriel, and Kenyon voting against., and Larson
absent*
Hafferman moved to amend ordinance 1564 by changing the WHEN on Page 4, Kalispell
Architectural Design. Standards, to react: "Anytime new development occurs, this document
shall apply except for single family residences and duplexes. If conflicts arise between
components of this document and Standards and Regulations adopted by the Council, the
Standards and Regulations shall tale precedence over this document". There was no second.
l afferman moved to mead Ordinance 1564 by changing the title of this document from
.Architectural Design Standards to; Architectural Design Guidelines. The motion was
seconded.
Gabriel stated she will not support the amendment because guidelines `have no neat to them" and
the Architectural Review Committee needs standards to do its job effectively.
Mayor Kennedy, Kenyon, and Atkinson agreed.
The motion to mend wiled upon a tied roll call vote with Haf cr nan, Herron, Kluesner, and
Olson voting In favor, Atkinson, Gabriel, Kenyon, and. Mayor Kennedy voting against, and
Larson absent#
ar all answered questions from. Kluesner.
Haffermaii said he will not he voting in favor of this document because it will create conflicts and
it's ".really stupid'" to go in that direction.
The main motion with one amendment carried upon roll call vote with Atkinson, Gabriel,
Kenyon, Olson, and Mayor Kennedy voting In favor, Hafferman, Herron, and Klnesner voting
against, and Larson absent.
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E 3, RESOLUTION 505A OR 505 — SUBDIVISION SIDEWALK IMPROVEMENTS
Resolution 5085A requires that sidewalks not meeting City specifications shall be removed and
replaced. Resolution 505 provides the developer with the option of replacing the sidewalks, or
leaving them in place and providing the City with a payment for their reduced value.
GbrieResot1o� �o resolution to require all sidewalks, not accepted by the
City and not meeting the design and construction standards of the City for sidewalks,, to either
e removed and replaced with sidewalk that do meet these standards or to allow the developer
to agree to submit payment to the City to address the deficiency according to certain
engineering schedules. The motion was seconded.
Patrick gave a staff report.
Mayor Kennedy read Carson's statement on the sidewalk issue: "Resolution 5085B seems to be a
reasonable and fair option to sidewalks built during the 2005 construction season that are not
corn pl aiit with city standards. The reasons why t feel this option is best are as follows. Resolution
5085E provides ) reasonable protection for the city and homeowners should future sidewalk failure
occur, 2 the least amount of disruption for homeowners ers who have already installed landscaping,
lawns, driveways,, sprinkler systems and other amenities 3 a reasonable value for the sidewalks that
have been installed, and for the removal and replacement of those sidewalks not reaching an
absolute minimum standard. This resolution should be used as an educational tool for engineers,
contractors, and developers. It is a one time only solution. All sidewalks constructed post December
er
3, 2005, will be 'inspected and monitored toared :for adherence to city standards and removal of those not
meeting standards will be ordered out immediately"'.
Hansz answered questions.
Atkinson sor said Resolution 505 is a good resolution for everyone and will protect the citizens in the
future. He said it will also provide a level playing field for developers and linform them that staff ill
e monitoring development.
Herron emphasized ed this is only a one time solution for work that has already been done.
Hafferrr an noted that Sapp brought up a good point in regard to a developer being able to furnish a
warranty or a certificate of deposit that is held by the City, but 's drawing interest at the same time.
4.
He feels that would be a good solution rattier than ripping out all of the sidewalks.
Hafferman moved to amend Resolution 5085B by adding the following option to Section 1:
"d or a warranty satisfactory to the City"'. There was no second.
Hafferman moved to amend Resolution 505 by adding the following option to Section
"d construct a sidewalk In another location in the City, designated by the Director of Public
Works, of equal length to the non -conforming sidewalk". The motion was seconded.
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January 17, 2006
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Patrick advised the Council not to consider the amendment ent because it would be taking money away
from the homeowner who paid for the sidewalk in good faith and would expect it to be replaced if it
failed. He said the amendment proposed by Hafferman would be taking that homeowner's dollars
and putting; it someplace else which could open up the City to a lawsuit.
The amendment failed upon roll call vote with Haller nan and Kduesner voting in favor, and
Atkinson, Gabriel, Herron, Kenyon, Olson, and Mayor Kennedy voting against, and Larson
absent,
Olson suggested setting a time frame for the bond so that if the sidewalk does perform, the money is
returned to the developer.
Patrick said a well constructed sidewalk should last between 20 and 25 years. He said instead of
giving the money back, he would suggest setting; up a specific fund and at the end of 20 or 25 years
making an investment in that subdivision..
There was further discussion and Hansz answered questions.
Klnesner moved to amend Resolution 5085E by adding Section IV stating: "The Public works
Department, will within six months, review current sidewalk design and construction
standards, determine if the current standards should he revised, and bring a proposal for
needed changes before the City Council"'. The motion was seconded.
Mayor Kennedy declared every though she concurs with the process, she doesn't believe the motion.
belongs in this resolot .on and she would rattier see the Council direct the staff to do that at a later
date.
Kenyon agreed, stating the Council can approach the Public Works Department for this request at
any time.
Klues er countered that while the Council can request anything at anytime, he would life the
Council to quit "pussyfooting around" and take care of it while they're on t.he subject..
a.fferman agreed with Kl esr er, stating the amendment isn't going to hurt anything.
Gabriel suggested Klesner withdraw the motion and make a separate directive to the City .manager
and public works.
Kluesner agreed to withdraw his motion and reserve the right to make a separate directive.
The second concurred.
There was further discussion and Patrick answered questions.
The main notion with no amendments notion carried upon roll call vote with. Atkinson
Gabriel, Haffernan, Herron, Kenyon, Klrener, and Mayor Kennedy voting in favor, Olson
voting against, and Larson absent.
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E* FINAL PLAT — BLUE HERON ESTATES PHASE 3
This is a request for final plat approval of Blue Heron Estates, Phase 3, which creates 14 lots on
approximately eight and a half acres located on the west side of Stillwater Road north of Three Nile
Drive.
Atkinson moved Council accept the Subdivision Improvement Agreement and approve the
final plat for Blue Heron Estates 'base 3.'the notion was seconded,,
Jentz gave a staff report and answered questions.
The motion carried unanimously upon vote with Larson absent.
Est INTERLOCAL AGREEMENT — CITY OF KASEL AND FIATHEAD
COUNTY — CITY AIRPORT AFFECTED AREA
This agreement sets out the procedure for adopting the rules and regulations of the City Airport
affected area.
Kenyon moved the Council give the Mayor the authority to execute the Interlocal Agreement
and direct that it be forwarded on to the Flathead County Commissioners for their
consideration. The motion was seconded.
Patrick gave a staff report.
Where was no discussion.
The notion carried unanimously upon vote with Larson absent.
E . RESOLUTION 50— RATE INCREASE — KALISPELL AMBULANCE SERVICE
This is a request to increase ambulance transportation rates due to increases 4.
in costs over the past
four years, and changes in reimbursement required by Medicare and Medicaid.
Atkinson moved Resolution 5086, a resolution amending Resolution No. 4694, by revising
ambulance rates for the use of the Kalispell ambulance service and declaring an effective date.
The motion was seconded.
.prod evil gave a staff report.
Mayor Kennedy read Larson's statement on Resolution 5 o : '"1 support this rate increase for reasons
ou dined by Chief Bro eh], Invoicing req uirements by Medicare an Medicaid and a four year period
of increasing operational casts make an increase necessary. This enterprise operation is valuable to
the City in many ways and needs to be kept viable. The Council should look at these rates annually
and adjust accordingly
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January 17, 2006
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Olson said the City needs to give all the help it can to the volunteer fire departments so that they can
become more involved, and the City can become less involved, and lower our 50 mile radius of
service,
The motion carried unanimously upon roll call vote with Larson absent.
E/ . ORDINANCE 1565 — LIMITING TRUCK TRAFFIC C — ISTAEADING
Ordinance 1565 would limit through truck traffic on Northridge Drive west of Sherry Lane to
arkrd;e Drive, and Parlydge Drive from Northridge .Drive to Stillwater Road.
Gabriel moved first reading of ordinance 1565, an ordinance amending Kalispell City
Ordinances No. 74 t, 907 and 1196, cod ified as Kalispell City Code 1 - -2 prohibiting trucks
on certain streets and declaring an effective date. The motion was seconded.
Garner gave a staff report and answered questions.
Gabriel said she has several friends in that area that have expressed concerns about the increase in
truck traffic and she hopes ordinance 1565 will help alleviate the problern.
Mayor Kennedy read. Larson"s statement concerningconceming ordinance 156 : "`In recent months, several
Northridge residents were concerned with traffic safety issues in their neighborhood. Their concern
centered around the fact that Northridge Drive had become a thoroughfare without any traffic control
devices between U.S. Highway 93, west all the way to Stillwater Road. The Council allayed some of
those concerns by allowing the installation of a 4 way stop at Sherry lane and Northridge Drive.
This is greatly appreciated by residents of that area. one concern remains; larger trucks have found
this route to be a shortcut for them and are using it as a thoroughfare. Large trucks, loaded or
unloaded, and residential areas don't nip., l believe the Council needs to tale whatever steps they can
to reduce the potential of a pedestrian/truck or truck/automobile accident from occurring in the
res'dent al neighborhood, Ordinance 156 ill at least mitigate that potential'",
The motion carried unanimously upon roll call vote with Larson absent.
Mayor Kennedy said she agreed earlier that Klue ner could make his motion and offered him the
floor.
Kl esner moved that the Public Works Department will within six months review current
sidewalk design and construction standards, etermine if the current standards should be
revised, and bring a proposal for needed changes before the City Council. The motion ion was
seconded
Kenyon asked if a motion can he made that wasn't posted on the Agenda.
Harball said it would be better if the Council just gave staff a directive without a formal .motion.
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JanuaTy 17, 2006
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Mayor Kennedy asked if anyone would have a problem with removing the motion and directing the
staff to review the sideway. standards.
Atkinson said he has a problem with it because the Council has just set up a system for those
developers that are "t in compliance, telling others they will be watching for compliance in the
future, and now you want the staff to review the standards again.
Mayor Kennedy suggested rather than addressing this item this evening, the Council can ask the City
Manager to place it on a work session.
Kluesner withdrew his motion. The second concurred*
MAYo Co NCI TY M AGE S REPORTS A o�
Mayor Kennedy extended sympathies to the family of Frank Morrison, who passed away recently,
and congratulated City Manager Jim Patrick and his wife, Anita, on the birth of their baby boy.
Olson asked staff to look into the possibility of the Council, not the Planning Board, making the
decisions on cash in lieu of property like the Columbia Falls Council does.
Atkinson said he was saddened by the loss of two young people killed by an avalanche near Olney
and offered their families his best wishes.
Patrick extended condolences to Judi Funk and her family on the loss of her father.
G, RN
The meeting was adjourned at 9:35 p.m.
ATTEST:
" eresa White
City Clerk
Approved February 6, 20
Pamela B. Ken 6d
Mayor
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January 1.7, 2006
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