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02/06/06 City Council MinutesREGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD ,AT :0 . .M., MON. AY, FEBRUARY 6, 2006, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL MONTANA, MAYOR PAME A B. KENNE v PRESIDED. COUNCIL MEMBERS JIM A KINSON KARI GARIE , BOB HAF ERMAN� BOB HERRON, RANDY KENYON, TIM ILU SN K DUANE LARSON, AND HAND. OLSON WERE PRESENT. Also preset: City Manager James Patrick, City Attorney Charles Har all, City Clerk Theresa White, Public Works Director Jim Hans;, Police Chief Frank Garner, Fire Chief Randy . ro ehl, Kalispell Planning Department Director Tom Jentz and Recording Secretary Judi Funk. (Parks and Recreation Director Mike Baker arrived a :1.5 p.m. Mayor Kennedy called the meeting to order and led the Pledge e of Allegiance. A. AGENDA APPROVAL Larson 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 Mee.fingjanuary 17, 200 . ordinance 1.565 — Limiting Frock Traffic — 2nd Rea p Ord inance 15 65 would limit through truck traffic on Northridge Drive merest of Sherry lane to arkridge Drive, and Parkridge ,Drive from Northridge Drive to Stillwater Road. ordinance 565 passed on first reading J anu ary 17, Kenyon moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Cr STUDENT ISSUES None. D. PUBLIC COMMENT Major Mark vector, 2985 Highway 93 North, presented Mayor Kennedy with a certificate o appreciation -for her participation in the "'Christmas at our Mouse" dinner. Kalispell City Council Minutes Page . Erica Wirtala, Sands Surveying, stated she is available for questions on the Granary Ridge final plat. Jo Lynn Yenne, Bigfork, stated she is representing the Slderi s family and spoke on the conditional use permit, annexation and zoning of Town Pump at Four Corners. She said the family does not object to the annexation or zoning, but does object to a casino operation because it is too close to a residential area. She said this valley does not need any more casinos and asked for additional conditions on the CUP including a buffer of trees on the west and to th borders and adequate paved parking. Donna oh..so , 1322 whitefish Stage Road, .dig Sky Properties, spoke in support of the Bonner annexation and zone change and stated she is available for questions. Tom Richardson, boo South Main., Butte, Montana Commerce corporate counsel, spoke in support of the conditional use permit, annexation and zoning of town Pump at Four Corners and gave a brief descr ptlon of the project. He asked that Condition 6 (The applicant shall be required to hook up to city sewer and water prior to occupancy of the tavern/casino) be amended so they can continue to use the existing; well, that Condition 12 A minimum 5 foot landscape buffer as provided for in the zoning ordinance shall be incorporated into all new parking areas and this condition. is extended to .include any existing and all proposed parking areas along the eastern border of the property abutting S be amended so they don't have to buffer around the existing parking, and that Condition In order to address pedestrian circulation and in lieu of a sideway:, the applicants shall extend a minimum 10 foot wide bike path along the frontages of both. Cemetery Road and US ..... be amended to a five foot pathway. Lyle Cusson, boo South Main, Butte, Montana Commerce marketing .a .ager, stated they would like the option of using some neon lighting, adding; that a small portion of neon can be tastefully done. He asked the Council to allow the Architectural Review Committee to use their discretion in the matter of lighting; and remove Condition 10 (Neon lighting shall not be incorporated into the total building or siornage design). He also stated that the casino signage should be 3 .8 , comparable to the building usage, riot 15 a as stated in Condition. I.1. . REPORT51RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION L ORDINANCE 1563 — ZONING TEXT AMENDMENT LIGHTING STANDARDS �- 2ND READING Several amendments to the recently adopted lighting standards were suggested by staff as a result of workin.g with the regulations over the past couple of months. ordinance 1563 passed on first reading January 17. Atkinson moved second reading of Ordinance 1563, an ordinance amending the Kalispell ,honing ordinance (ordinance No. 1460), by creating new Chapter 2 .22A, Outdoor Lighting Standards, declaring an effective date, and authorizing the city attorney to codify the same, The motion was seconded. Kalispell City Council Minutes February , 2006 page Hafferman said he agrees with the precepts of lighting standards, but we should have a regulation that works our way out of the problem; instead, this going to dump on the homeowners by only giving them one year to comply and those lights create less of a problem thaw comm rcia . He said be is interested to see how the ordinance will be enforced. The .motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor and Hafferman, Herron and Klesn r voting against. E 2. ORDINANCE 1564 — ZONING ORDINANCE ADDENDUM — ARCHITECTURAL SIGN STANDARDS — 2ND READING This ordinance creates architectural design standards for new commercial and multi -family developments. Ordinance 1564 passed on first reading January 17. Kenyon moved Ordinance 1564, an ordinance creating an addendum to the Kalispell Zoning Ordinance (ordinance No. . 0), by adopting Architectural Design Standards, declaring an effective date, and authorizing the city attorney to codify the sane. The motion was seconded. Haff rma . said he has no objection with using this to assist developers, but to call this a "S a dar „ will eventually lead to conflict. He wondered if the government e is here to benefit the c1ti. e .ry or to control them. The -notion carried aeon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman, Herron and Klaesner voting against. E/3. RESOLUTION 5087 —ANNEXATION — JAMES AND KAI2EN HOLM UIST James and Karen Holmquist are requesting annexation of approximately two and a half acres located at 405 West Evergreen Drive just east of Whitefish Stage Road. Larson moved Resolution 5087, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including therein as an annexation certain real property, more particularly described on "Exhibit. A", located in Section. 32, Township 29 North., Range 21 West, P.M.M., Flathead County, Montana, to be known as Holmquist Addition No, 3' ; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Jentz gave a staff report on the annexation and zoning and answered questions. 'Haf erma . recommended that If they ever decide to sell,, they het a geotechnical report on the hillside. The motion carried unanimously upon roll call vote. Kalispell Cite Council Minutes February f, 2006 Page ORDINANCE 15 — INITIAL ZONING JAMES AND KAREN HO B UIST — IS T READING The Holmquists are requesting an initial zoning designation of R-2, Single Family Residential, upon annexation of the above mentioned property. Gabriel moved Ordinance 1566, an ordinance to amend Section 2 .o2.ol0, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No, 1. 0), by zoning certain real property described as Assessor's Tract 5A located in Section 32, Township 29 North, Range 21. West., P.M.M., Flathead County, Montana (previously zoned County R-I, Suburban Residential) City R-2 (Single Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. 4 There was no discussion. The motion carried unanimously upon roll call vote. E , RESOLUTION' 5o — ANNEXATION — LU HER FRENCH Luther French is requesting annexationof approximately one acre located at 1624Woodland .avenue. Kenyon moved Resolution 5088, 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 on "Exhibit A", located in Section :1+7, Township 28 North, Range 21 West,1'.M.M., Flathead. County, Montana, to be known as French Addition No. 375; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Jentz gave a staff report on the annexation and onin and answered questions. There was no discussion. The motion carried unanimously upon roil call vote. . ORDINANCE 1567 — INITIAL ZONING — LUTHER FRENCH .1.ST READING Luther French is requesting an initial zo-ning designation of R-2, Single Family Residential, upon annexation of the above mentioned pro er y. Larson moved first reading of Ordinance 1567, an ordinance to amend Section 7.02.010, Official Zoning; Map, City of Kalispell Zoning Ordinance, Ordinance No. 1460), by zoning certain real property described as Assessor's Tract 6BA, 611A, 6HB, 6HBA and Lot 32A, Block of Green Acres located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-2, Suburban Residential) tCity R- (Single Kalispell City Council Minutes February 6, 2006 Page Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Where was no discussion. The motion carried unanimously upon roil call vote* 7. RESOLUTION 5089 — ANNEXATION, -o N AND BOBBI BONNER John and obb : o ner are requesting annexation of approximately one half of an acre located at .322 Whitefish Stage Road, north of West Evergreen Drive. Gabriel moved Resolution 5089, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including in therein as an annexation certain real property, more particularly described on "Exhibit A', located in Scion 32, Township 29 North., Range 21 West, P.M.M., Flathead County, Montana, to be known as Bonner Addition No. 376; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Je.tz orave a staff report on the annexation and zoning and answered questions. Hafferman commented he doesn't think the Council should charge the zoning from the requested B-1 to R-5 without having the property owner's response. Olson commented he feels the -5 zoning designation is a good compromise. Gabriel explained the planning board idn"t want a gas station., car wash, or deli, etc., puttincy more cars onto Whitefish Stage. She said the owners kept saying it would be perfect for a professional office so the board opted for -5. Herron asked about primary uses i n the B-I zone and stated he thinks the planning board is fcromaai; the property. Hafferrr r reiterated there"s not a lot of difference between an R-5 and a'B-1 zone. He said lye's concerned that the owner hasn't been allowed to comment. Hafferman moved to table Resolution 5089 to the next meeting* There was no second. There was further discussion. The motion carried upon roil call vote with Atkinson, Gabriel, Herron, Kenyon, Klesner, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman abstaining* Kalispell City Council Minutes February , 20 pagge E/8, ORDINANCE 156 `"" INITIAL ZONING O N AND BOBBI BONNER IST READING The Bo hers requested a.n initial zoning designation of - , Neighborhood Buffer District, upon annexation of the above mentioned property, however, the planning board is recommending the property be zoned R-5, Residential/Professional office. Larson moved first reading ing of Ordinance 1.568, 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 Assessor's Tract 5F located in Section 32, Township 2 North, Range 21 West, P.M.M., Flathead County, lion. (previously zoned County RA-1., Residential Apartment) to City -5 (Residential/Professional Office),in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Herron asked Harball bow the findings of fact would need to be changed if he were to male a amendment e.nt to change it to . -1. . arball said the Council reeds to state its reason why the property would be more appropriately zoned -1.. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, Herron and Klnesner voting against, and Hafferman abstaining. E/9. CONDITIONAL USE PERMIT — JODY MIDDLETON AND LORI FISHER Jody Middleton and LoriFisher are requesting a conditional use penult to allow the construction of a three-u-nit townhouse in addition to a single family residence that currently exists on the property located at 1310 6th Avenue West. Gabriel moved Council approve the conditional use permit for ,body Middleton leton and Lori Fisher with the attached conditions. The motion was seconded. Jentz gave a staff report and answered questions. Klresner commented this is a change .from the normal rule and he's afraid this is setting a bad precedent. Olson stated townhouses have become very poopular and -unless somebody can tell him why this is worse than four houses be d esr."t. understand why, the Council. should have a problem with it. He said this is a good example of infill and it is well done. The motion carried unanimously upon vote. Kalispell City Council Minutes February 6, '2006 Page ,10* FINAL PLAT — LA MEW SUBDIVISION This is a request for final plat approval of LaMew Subdivision that plats three ;e single family residential lots on approximately two-thirds of an acre located at the north side of East Center Street between Fourth Avenue East and Woodland Drive. Larson move. Council accept the Subdivision Improvement Agreement and approve the final plat for LaMew Subdivision. The motion was seconded. Jentz gave a staff report. Olson questioned the practice of approving final. plats prior to the constructlion being; complete. He said he's seen the City get buried with the amount ount of bond being posted with the Subdivision Improvement Agreement because it doesn't always cover the cost of correcting what 's wrong. Jentz responded that the State allows for a developer to post bond for the remaining improvements, 'but the law do sn"t. specify a percentage. He said it's the City's prudent policy that at least two thirds of the improvements be in place prior to final plat bonding. Atkinson questioned the lack of sidewalks. Jentz answered sidewalks were not required during preliminary plat approval. The motion carried unanimously upon vote. 11, FINAL FLAT — APPLEWAY BUSINESS PARK This is a request for final plat approval of Appleway Business Park that plats six commercial lots o approximately one and a half acres located on the south side of Appleway Drive immediately west of the South Meridian intersection. Larson moved Council accept the Subd iv isi on I mp rovement Agreemen t and approve the final plat for Appleway Business Park. The motion was seconded. d.ed. Jentz gave a staff .report. There was no discussion. The motion carried unanimously upon vote. E .2. FINAL PLAT — NORTHLAND SUBDIVISION PHASE 2 This is a request for final plat approval of Northland d Subdivision Phase 2, a 33-lot residential subdivision and homeowners' park on approximately a.t.ely two acres located to the west of Northridge Subdivision and north of Meado v and Subdivision. Kalispell City Council Minutes February 6, 2006 page 7 Kenyon moved Council accept the Subdivision Improv m .Agreement and approve the rival plat for Northland Subdivision Phase 2. The motion was seconded. Jentz gave a staff report and answered questions. Olson stated he will vote against this final plat approval just to make a point about the high amount of the Subdivision Improvement ,agreement bond 1. `2, .o . Herron said in defense of the development and building community, sidewalks continually get damacyed if they are put in prior to housing construction. He said as long as there is an adequate bond zz posted it only makes sense to approve the final plat and allow the sidewalks and landscaping to be completed last. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Kluesner, Larson and Mayor Kennedy voting in favor, and Olson voting against. 3. FINAL PLAT — GRANARY RIDGE SUBDIVISION This is a request for fiat plat approval of Granary Ridge Subdivision, a 1-unit townhouse subdivision on approximately two and a half acres located an the cast side of Whitefish Stage between Bruyer Way and the Edgerton School access. Larson moved Council accept the Subdivision Improvement Agreement and approve the rival plat for Granary .ridge Subdivision. The motion was seconded. Jentz gave a staff report and answered questions. Haffennan stated even though all of the preliminary plat conditions have either been completed or bonded, he will abstain from voting because this project did not have to follow the same requirements that similar projects had to go through. Kluesner asked for an explanation of Ha c.-n.an.'s comment. Jentz explained the zoning; for this property 1s RA-1., Multi -Family. He said instead of building a singly; apartment complex the applicant proposed building two -unit townhouses and a PUD agreement was signed. Jentz said the proposal was a creative compromise for development to maintain some density as the zoning allows, but to allow an ownership opportunity different from an apartment complex. Kenyon commented he read the geotechnical study, which was not available at the prefimmary plat stage, and was astounded at the amount of g of c n.ical work the developer will have to perform prior to construction. He asked bow the City will know v hethe.r the developer followed the recommendations. Jentz stated an engineer will .have to certify the sites before building; permits are issued. Kalispell City Council cil Minutes February 6, 2006 pa,ae 8 The motion carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Kles er, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman abstaining. E . CONDITIONAL USE PERMIT — MONT NA COMMERCE,. C Montana Commerce, LLC is requesting a conditional use permit to allow the operation of a Tavern/Casino at the current o n Pump gas station located at 291_0 Highway 93 South at the intersection of Cemetery Road. Gabriel moved Council approve the conditional use permit for Montana Commerce, LLC with the attached conditions. The motion was seconded. Jentz gave a staff report. Mayor Kennedy asked if there is a landscape buffer all around the perimeter. Jentz stated aright now the condition 1s just around the new parking lot. Gabriel moved to add Condition 3 requiring a hedge/landscape buffer on the south and west boundaries of the property with a minimum height of six feet at maturity, The motion was seconded. There was no discussion. The motion carried unanimously aeon vote. Olson moved that Condition 1.2 be amended stating that if staff determines it is not feasible to lace the proposed landscaping on private property along Highway 93, then the applicant is allowed to negotiate with MDT to place the landscaping in the right-of-way of Highway 93. The motion was seconded. There was discussion. The motion carried unanimously aeon vote. Atkinson moved to add Condition 14 requiring that greenery be placed between the highway and the pedestrian trail, and the pedestrian trail and the parking lot. The motion was seconded. Atkinson said it would be a safety buffer for pedestrian/bike traffic. Olson commented that down the street from he works there is greenery, sidewalks, then more greenery and in his opinion it's "ridiculous and serves absolutely no moose' Kalispell City Council Minutes February , 2006 Page The motion failed upon vote with Atkinson, Kenyon., Kluesncr and Larson voting in favor, and Gabriel, Hall man, Herron, Olson and Mayor Kennedy voting against. Haferman stated the City's regulations require that the well has to be metered. when property has sewer only and therefore "water'' can be deleted from Condition 6. Jentz responded the S Ite Review Committee recommended the applicant book to sewer and water because both are ava.able. Hafferman said a number of people have sewer only and be secs no benefit requiring them to book up to water. Hafferman moved that Condition 6 be amended by striking the words "and water". The notion was seconded,, Herron stated that if they want sewer, they should have to take the grater too. Klesner agreed. Jentz added If a customer doesn't pay the sewer bill, the water is turned off Hafferman reiterated it's a user pay system and there is no monetary benefit to the City by making in them connect to the water system. Olson commented that it doesn't. make sense to force them touse our water when they've got their own water in the .r backyard. He, said it just costs the City more in the long run. The motion failed upon vote with Hafferman and Olson voting in favor, and Atkinson, Gabriel, Herron, Kenyon, Klnesner, Larson and Mayor Kennedy voting against. Gabriel moved o add Condition 14 requiring a sight obscuring fence and/or landscaping for the garbage. The motion was seconded. There was no discnsson. The motion passed unanimously upon vote. Kenyon stated des Ite the amendments, and with due respect to the staff- s interpretation', he will not support the conditional use permit because be feels the City needs to go back to the basic issue of the Soo foot delineation between casinos and residential. areas. Herron commented that when the building was the Four Corners Bar be assumes it had gambling machines. He said call it a bar or a casino, the neighborhood will be getting; a brand new facility that's a lot nicer than. the Four Corners Bar was. Kalispell City Council Minutes February , 2006 Page 1 The main motion, as amended three times, carried upon roll call vote with Gabriel, Hafferma, Herron, Klaaer, Larson, Olson and Mayor Kennedy voting in favor, and Atkinson at Kenyon voting against.. 15. RESOLUTION 5090 — ANNEXATION — MONTANA COMMERCE, This is a request by Montana Commerce, LLC for annexation of approximately oximately one acre located at 291.0 Highway 93 South at the intersection of Cemetery Road. Gabriel moved Resolution 5090, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including therein as an annexation certain real property, more particularly described on "Exhibit A'', located in Section 29, Township 28 North., .mange 21 ''west, .M.M., Flathead County, Montana, to be known as Montana Commerce Addition No. 377; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Kluesner, Larson, Olson and. Mayor Kennedy voting in favor, and Kenyon voting against. E 1 . ORDINANCE 15 — INITIAL ZONING — M NTANA COMMERCE, LLC — IST READING Montana Commerce, LLC is requesting an initial zoning designation. of B-2, General Business, upon annexation of the above mentioned property. Gabriel moved first reading of Ordinance1569, an ordinance ce to amend Section .02.010, Official Zoning Map, City of Kalispell Zoning ordinance, (Ordinance No. 1460), y zoning certain real property described as Tract 5A (Tract 1 of Certificate of Survey 1. 5 1) located in Section. 29, Township 28 North, Range 21 West, . .M.M., Flathead County, Montana (previously zoned County I-1H, Highway Light Industrial) to City - (General Business), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Where was no discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman,Herron, Klner, Larson., Olson and Mayor Kennedy voting in favor, and Kenyon voting against. 17, REQUEST FOR .PAYMENT of PLUMBING BILLS — CAROL U TON' Carol Fullerton has requested the City reimburse her $2,695.00 for fixing a water leak. The City has already paid her $8 5.00 to offset the total. bill. of $ 3,5) 0.00. Kalispell it ncil Minutes Febmary 6, 2006 13a(Te I I Atkinson moved Council not authorize payment o $2,695.00 to Carol Fullerton. The motion was seconded,. Atkinson stated staff looked at the entire bill and felt that the logical cost of this repair should have been $875.00. He said the bill was just not reasonable. Olson commented Fullerton incurred these costs because of the Clty's misinterpretation of where the leak was located. Hafferman agreed, stating if you are not do .n ; the work, you can always do it cheaper. He said Fullerton was told the leak was her problem when it was actually the City"s problem. Mayor Kennedy clarified that the plumber simply dug the trench and fouDd the leak; the City finished the repair and filled the hole. Where was discussion on hoer the staff determined what a reasonable cost would have been. Gabriel stated she feels Fullerton has been taken advantage of, but she's afraid the City could be setting a dangerous precedent by paying this NIL Olson said everyone agrees the bill is too high, but that's not the point. We told her it was her problem and that she had to fix it and then we discovered it was the Citys problem, Kl esn.er commented he has rented some of the tools used on this job and it's very expensive. He said even though some of the costs may be excessive, the plumber is the one that correctly diagnosed the problem when the City did". Patrick noted the bill was prepared seven days after the work was performed, after the plumber discovered .it was a City problem and the City would probably be paying for the work. He asked if Full rton's fight is with the City or the contractor and if the City is in the position. of .having to pay someone that is trying; to make a couple more dollars. Herron agreed with Hafferman and Olson, stating the City made a mistake. We should pay for it and move on.. The motion failed upon vote with Atkinson., Gabriel, and Kenyon voting in favor, and Hafferman, Herron., Kluesner, Larson, Olson and Mayor Kennedy voting against. Herron moved Council approve the reimbursement o $2,695.00 to Carol Fullerton.. The Motion was seconded. There was no discussion. The motion carried upon vote with Gabriel, Hafferman, Herron, Vjes er Larson, Olson and Mayor Kennedy votin.g in favor, Atkinson voting against, and Kenyon temporarily se .t. Kalispell City} Council Minutes February 6, 2006 Page 12 1. R BEST FOR PERMISSION To PLACE A STATUE 1N DEPOT PARK The Elks Veteran's Committee is asking for permission to place a soldier's monument in Depot Park to honor Flathead military members who gave their lives in defense of our Country. Larson moved Council authorize the Placement of the Soldier's Memorial in Depot Park.. The motion was seconded. Mayor Kennedy read a letter from the Elks Veteran's Committee. Letter is attached hereto and made a part hereof) Patrick gave a staff report. There was discussion. The motion carried unanimously upon vote. F. MAYO UNC1LCITY MANAGER'S REPORTSINo Action Patrick reminded Council that a retreat is planned for February 25 at the Hampton Inn. Patrick congratulated the eight candidates who recently graduated from the Fire Academy and have started working in the Fire Department. Patrick reminded everyone that the City is still trying to establish an Impact Fee Committee and asked for applications. G. ADJOURN The meeting .n was adjourned at 1.0:1.0 p.m. ATTEST: Theresa White City Clerk Approved February 21, 200 Pamela B. Kennedy Mayor Kalispell City Council Minutes February 6, 2006 Page .l 3 Kalispell, Elks Lodge No. 725 February 2, 6 P.O. Box 790 • Kalispell, MT 59903 06-2 - a Fax 406-756-1548 City of KaI.Dell . .tten: City Manager, Mr. Jim Patrick k City Hall Kalispell, MT. 59901 Dear Sir: We respectfully request permission to install a permanent memorial in Depot Park that will honor those residents of Flathead County who made the supreme sacrifice on behalf of our country. A model of the statue is on display in City Hall. The memorial will be a larger than life statue of a soldier kneeling in front of a temporary grave of a faller comrade. The base will be 8 feet high and measure about 8 feet wide and 12 feet long. Inscribed or the base will be the names of all those K A in all wars from the Spanish American to the Iraqi with space reserved for K. Ass from future conflicts. The statue will be positioned at the site of the current t memorial,so it can be observed from Main Street. It is also requested that the flab .Dole be relocated so it directly behind and lined -up with the memorial_ We would like to install lighting so the memorial and flag would be illuminated after dart. We request also that the city agree to the construction of a brick walkway leading up to and around the memorial- We propose to sell bricks that can be inscribed -with the family name of the donors to pay for the memos . NO commercials, names r labels will be permitted. We would also like to install a eeun'ty camera on a i t � or � depot building. We propose to install and maintain the memorial with no expense to the city, except for the maintenance o the grounds around the memod a . The fund-raising for the erection of the memon'al and its perpetual maintenance will be guaranteed by the Elks Lodger concert vath the other Prat ma ,, 'veteran., and civic organizations. Request your earliest consideration of this request. We shall await your decision on this matter, and will provide any additional information you may desire. Yours truly', Chuck Olson Past Exalted Ruler BPOE # 725 Memorial Fund Chairman