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04/03/06 City Council MinutesA REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A. : o ,M, MON A.Y, APRIL 3, 200 , IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, M N 'A.. A, MAYOR PAMELA B. KENNE Y PRESIDED. COUNCIL MEMBERS JIM A KINSON, BOB HAFFERNIAN, BOB HERRON, RANDY KENYON, IA NE LARSON, AND RANK o SoN WERE PRESENT, KA RI GABRIEL AND TIM KLUESNER WERE ABSENT. Also present: City Manager .lames Patrick, Adjutant City Attorney Richard Hlckel, Public Works Director Jim a ,Police Chief Frank Garner, ire Chief Randy erode 1, paceDepartment Director Amy Robertson, Parks and Recreation Director Mike Baler, Airport Manager Fred Leistll o, Senior Planner Sean Conrad, Planner 11 P.J. Sorensen, and Recording Secretary Judi Punk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AG-ENDA APPROVAL Larson moved approval of the Aen, The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Kles er absent. B. CONSENT AGENDA APPROVAL 1. co ncl I Minute s — Re gular Me.etln - Mar 20 2006 2. Council Minutes — Special Meeting 1 - March 272. 200 3. Council Minutes — Special Meeting — March 27��� . Contract Approval — Pocket Par Mer d .an Trail Through the Community Transportation Enhancement Program CTEP , the Department o Transportation has agreed to sure the cost for a Meridian Trail Pocket Parr with the City of Kalispell. Funding for the project is included in the 2005-2006 fiscal budget. 5. Proclamation — Child Abuse Prevention and Awareness Month Kenyon moved approval of the Consent Agenda. The motion was seconded,, There was no discussion. The motion carried unanimously upon vote with Gabriel and Kl es . r absent.. C. STUDENT ISSUES None. Kalispell City Council Minutes April 3, 2006 Page I D. PUBLIC C COMMEND" None. E. PUBLIC HEARING - ALLEY ABANDONMENT ONMEN AND SALE Mayor Kennedy opened the public hearing. Michael Blend', 104 West Bluegrass, asked Council to consider his offer and stated he is available for questions. Mayor Kennedy closed the public hearing. F. REPORTSZRECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION L RESOLUTION 51.06 —ABANDONMENT AND SALE OF ALLEY RIGHT-OF-WAY Michael Blend has offered to purchase a parcel of propertyfflfflock 1 of Ryker AddItion originally intended ded to be used for an alley for $2,000,00. All owners abutting the property have signed petitions to abandon the alleyway. Atkinson moved Resolution 510, a resolution to abandon the alleyway in Block 1 of Ryker Addition and to dispose of and sell such real property. The motion was seconded. Patr.Ick gave a staff report. `here was no discussion. The motion on carried unanimously upon roll call vote with Gabriel and. Kluesner absent. F/2. STREET LAASIPS Council has indicated 1t wishes to revisit the recently adopted outdoor lighting standards following a complaint from ,hackie Kieser about the new lamps that are being installed. Kenyon moved suspension of the Flathead Electric Coop replacement of the street lights for two meetings, or onemonth. The motion was seconded. Patrick explained the lights are being replaced order the standards of the new lighting ordinance with a 50150 ;rant through Bonneville Po er for energy savings. Kenyon asked if the new lights have been tested with a light .teeter, and if they meet the standards in the ordinance. H'ansz responded the City has not tested them. He said the lamps are designed to direct the light downward, not up into the sky, and they do make the lights appear brighter. Hansz noted the lights Kalis,pell City Council Minutes Page conform. to the current light standards with an annual savings to the City of approximately .1, oo due to reduced energy consumption. Kenyon suggested staff call FEC and ask if anything is available for screening, such as hoods. `here was .furt.ber discussion about hood mechanisms, pole heights and angles, smaller bulbs, and lighting around schools. Herron omme ted he didn't vote for this lightl.n.g ordinance and it's obvious to him that these new lights can't meet the standards. He said he doesn't know how the City will ever enforce the ordinance and stated it should be rescinded. .afferman stated this is a good example of a good idea that rums astray and turns into a problem. He said. Kelser's complaints are j ustlfi.ed and the City needs to look at the ordinance because this Is J4 Ust the beginning. Hafferman said he feels this i.s a good ordinance, but he objected to the overnight implementation, adding he's in favor of Kenyon motion. Olson said he appreciates the concerns but all he has to do is look at Dome Depot and he knows the City is headed in the right direction. He said Keiser made some good suggestions in her letter and rather than the Council holding a bunch of meetings, Keiser should work on a resolution, .arson said he can understand why some people are upset with the new lights, but he doesn't know what the City can do. .l e agreed that delaying any additional installation for a while will allow- the staff to look into alternatives. Atkinson questioned whether a month is too long to put FEC on hold. Kenyon offered a friendly amendment ent .elaying any additional installation for two weeks to allow stab to work with FEC. The second concurred. 'here was no objections The motion carried unanimously upon vote with Gabriel and Kles .er absent. /3- RESOLUTION 5107 — RESCIND RESOLUTION 5095 — ANNEXATION — DMK DEVELOPMENT Donald and Mary Kruse are requesting Council de -annex approximately ately three acres located at 1125 S nnyside Drive, just west of Ashley Drive, The Council passed Resolution 5095 on March 6, 2006. Kenyon moved Resolution 5.0, a resolution rescinding Resolution 5095 passed by City Council on. March 6, 2006 that provided for the alteration of the boundaries of the City o Kalispell by including therein as an annexation certain real property, more particularly described on. "'Exhibit A", located in Section 1. , Township 28 North, Range 21 West, P.M.M., .flathead County, Montana, and to declare an effective date. The motion was seconded, Kalispell City Council Minutes APT113,2006 gg Conrad explained that shorty after annexing, the landowners discovered that required road improvements substantially increased the costs to the planned development and that is why they are asking for the rescission. There was discussion and Patrick answered questions. The motion carried unanimously upon roll call vote with Gabriel and Klnesner absent. ' . RESOLUTION 5108 — RESCIND RESOLUTION Soo - FINAL PLAT — NORTHPOINTE PROFESSIONAL SUBDIVISION' Council approved the final plat for North Pointe Subdivision on April 1.8, 2005. It has since been determined that the subdivision regulations do not allow the creation of a remainder parcel within a platted subdivision and because planni.nor board review is required the applicants have requested the final plat be rescinded. Larson moved Resolution 5108, a resolution to rescind Resolution No. 5004 which approved the Final flat for the North Pointe Professional Subdivision described as an Amended Plat of Lot 2A of the Amended Flat. of Lot 2 of the Amended Plat of Three Mile Drive Corner and a portion of Lot 20, Block 1 of Northwest Tracts located in Section 1, Township 28 North, Range 1 West, P.M. ., Flathead County, Montana. The motion was seconded* Conrad gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roil call vote with Gabriel and. Kl esner absent. RESOLUTION 510 PRELIMINARY PLAT RE -SUBDIVISION of LOT 7A of LOT 7 of WESTER ACRES This is a request by Pahl and Mary Hnsted for preliminary plat approval of a two -lot subdivision on .28 acres located at 1515 Western Drive. Kenyon moved Resolution 51.09, a resolution conditionally approving the preliminary plat of the Resnb ivision of Lot. 7A of the Resubdivision of Lot 7, Western Acres, more particularly described as Lot 7A in the SW 1 of Sections 1.8, Township 28 North, Range 21 west., P.M.M., Flathead County, Montana. The notion was seconded. Conrad gave a staff report. There was no discussion.. The motion carried unanimously upon roil call vote with Gabriel and Il nesner absent. Kalispell City Council Minutes April 3, 2006 Pagge ' . RESOLUTION 5110 - FINAL PLAT — TORGERS N ADDITION No. 37 This is a request for final plat approval of a residential subdivision that contains two lots located at 1505 western Drive. Kenyon moved Resolution 5110, a resolution approving the final plat of TorgersonAddition No. 370, located In the SE 1 of Section 18, Township 28 North, Range 21. West, P,M,M,, Flathead County, Montana. The motion was s co dedO Conrad gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kl esn.er absent. ' 7. ORDINANCE 1.572 -ZONING TEXT AMENDMENT — SIGN REGULATIONS — IS READING This 1s a request from Red Lion Hotels and GVD Commercial .properties to amend the definition o. wall signs that are placed on larger buildings. Larson moved first reading of ordinance 1572, an ordinance amending the Kalispell Zoning Ordinance (ordinance No. 1. , by amending Section 27.24.080(2), wall Signs, and declaring an effective date. The motion was seconded. Sorensen gave a staff report and answered questions. Herron stated this is a common sense amendment and he hopes that the Planning Board and Council will look favorably on similar common sense changes In the future. The motion carried unanimously upon roll call vote with Gabriel and Kl es er absent. . ORDINANCE 1573 — AIRPORT AFFECTED AREA — ISM` READING Ordinance 1.573 adopts a set of regulations to protect the air space within 10,000 feet around the City airport by regulating the height of structures and natural objects. Larson moved first reading of ordinance I.573 an ordinance establishing regulations in the Kalispell City Airport Affected Area to provide airspace protection and land use compatibility with airport operations at the Kalispell City Airport and declaring an effective date. The motion was seconded, Patrick commented State legislation requires the City to establish an airport affected area and deals basically with height limitations. eist ko answered questions. Kalispell City Council Minutes Aril 3, 2006 Page Hafferrnan stated that his only concern is the issue of condemnation. He read part of the staff memo stating: '"The City may, however, wish to investigate other more cost effective possibilities that do not hinder the radio business in any way but eradicates the towers as a hazard to air traffic. Those choices are not avalla le to the City without a power to condemn." Hafferman said the City should follow the state law regarding nonconforming uses and referred to Sly 255. He quoted Section 11 of the hill conce.rnIng Prior Nonconforming Uses: "'All regulations adopted under sections 3 through 191 must he reasonable and may not require the removal or alteration of any structure or tree or require cessation or alteration of a use that is lawfully in existence when the regulations become effective. Those structures, trees, or -uses must be treated as prior nonconforming structures, trees, or uses that ma.y remain or continue, but regulations may prohibit their expansion or their reconstruction or replacement following destruction or substantial damage." fie said this is a reasonable law that limits expansion of a nonconforming existing facility and also gives remedies that our regulations can require as stated in 3) Section l 1: "The regulations may require the owner of structure or trees to permit the political subdivision, at its expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of an airport hazard," Hafferm n further contrasted the proposed ordinance with Sly 255, Section 12, entitled "Acquisition of Private Property Rights when Regulations Not Sufficient". He said our ordinance is modeled after this law, but our ordinance is out of context and is used as a regulation, however, we cannot use condemnation as a regulation. Hafferman continued to point out discrepancies and concluded by saying the statement in the memo about condemnation is misleading the Council, and the City can pursue a resolution of the tower issue now by removal, replacement, or property purchase and asked that we follow state law and (yet on with negotiation with the owners of nonconforming uses. He stated he believes this ordinance is necessary, except for the condemnation. Hafferman moved that Section 4a, Nonconforming Uses, Subsections 1 and 2, be deleted and the statement "This regulation shall be In accordance with state law as enacted by Senate Bill 5 in the 2005 legislature" be added. The motion was second. Patrick stated state law is general in nature, and we need to do something that is specific in nature. He said the ordinance is being recommended by the Airport Affected area Committee and will not be used to remove the radio towers. Patrick said we don't want to see a radio station c .ose down, we want to work with the owner, and there are other means of complying and conforming. iclel noted that SB 25 does not affect the portion of state law on condemnation. He said there is a separate section, 7.10.102, that gives general power cities the authority to exercise condemnation. . is .el said in his opinion, even if the amendment is adopted, it wouldn't change or alter what has been provided by the proposed regulations. Hafferrnan stated that by having that section in the ordinance on regulations,, it will open the door to possible court actions. He reiterated the ordinance needs to state ""in accordance with statelaw". .nickel responded ..e doesn't see any conflict in the ordinance. There was discussion concerning Section 4a, Nonconforming Uses, Subsection 2, and whether the replacement percentage should be 50 or 80. Kalispell City Council Minutes April, 26 Page 6 The amendment failed upon vote with.Hafferman voting in favor, Atkinson, Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting against, and Gabriel and Kles . r absent. Kenyon moved to amend Section. 4a, Subsection 2, to change 50 to 80 and remove ` o f its replacement cost at the time of such occurrence". The motion was seconded. There was no discussion. The motion carried upon vote with Hafterman, Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, Atkinson voting; against, and Gabriel and Klueser absent. The main motion, as amended once, carried upon roll call vote with Atkinson, Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, Hafferman voting against, and Gabriel and Kles er absent. ' 9. RESOLUTION 5111. —CALLING FOR THE SALE of BONDS —SID 344 Resolution 5 .1.1 calls for the sale of bonds to pay for SID 344 capital improvements on the old School Station site. Larson moved Resolution 5 111. a resolution relating to Special Improvement District No. 344 Bonds, Series Zoo authorizing the issuance and calling for the public sale thereof and authorizing the pledge of the revolving fund to the security thereof. The motion was seconded,, Patrick gave a staff report. 'Hafferman noted these bonds are for a term of 20 years, which is an incremental way of sticking it to the taxpayers. said because the bonds won't mature -until 2027, .hey won't.putone chime in taxes toward school children and books for the next 20 years; the taxpayers will have to pick up the cosh of these services because all of -the money that goes into the taxes goes into the "tax increment slush fund". Haffern a.n commented hCs in favor of getting these bonds sold, but the City should stick with 15 years. Patrick responded that state law allows an SfD to go for 20 years, and can be called earlier if the City wishes. He said t.he model proposed protects the taxpayers and the businesses and owes motivation to the developers to Fill the park up sooner rather than later. Herron commented that in an industrial park there should be very little need for police or .fire service. Hafferrnan rebutted there are other methods available that the manager doesn't seem to want to discuss, such as tax breaks to new businesses. The motion carried upon roll call vote with Atkinson, Herron, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, flafferman voting against, and Gabriel and Klu sner absent. Kalispell City Council Minutes April 3, 2006 Page F/1.0, RESOLUTION 5112 — PARKS AND RECREATION FEES Resolution 51..2 sets the 2006-200parks and recreation fees for programs such as aquatics, special events, etc. Larson loved Resolution 5112, a resolution establishing park and recreation fees to be charged by the City of I alis ell's Parks and Recreation Department and declan'ng an effective ive date. The motion was seconded, Baker cave a staff report and answered questions. There was no d sc .ssiorl. The motion iol carried unanimously upon roll call vote with Gabriel and Ktuesner absent, G. MA UNCI.I/ CITY MANAGER'S REPORT Action Patrick stated be attended a DEO meeting last week regarding the TMDL implementation plan which will not be'Implemented this year because there too much data to gather and DEO wants Kalispell o be part of a " odefin plan". He said there will be additional meetings on policy, technical advisory committees, and quality control. Patrick said the Implementation plan is coming rapid and we need to continue to work with DEQ so we have an influence on what it looks .fike. Patrick also reminded everyone that on April. 4, 2006 at :00 pm, the consultants on the Parks Master Plan will be in the Council Chambers. He encouraged the public to voice their comments, concerns and recommendations about our parks. H. ADJOURN The meeting was adjourned at 8 : o p.m. TEST: Teresa Waite City Clerk Approved April 17, 2006 .lisp City Council Minutes April . 2006 Page