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06/05/06 City Council MinutesA. REGULAR. MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT .00 .M., MON AY, JUKE 59 2006, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MON ANA, MAYOR PAMELA B, KENNEDY PRESIDED, EI , COUNCIL MEMBERS JIM A. KINSoN, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYoN T M KLESNE� DUANE LARSON, AND SANK o SON WERE PRESENT. COUNCIL MEMBER BOBHERRON WAS ABSENT"`. Also reset: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker,Planning Department Director Tom . e .tz Senior Planner Sean Conrad, Building official Craig Ker ma , and Recording Secretary Judi Funk. Mayor Kennedy called the meeting; to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved approval of the Agenda, The motion was seconded. There was no discussion.. The motion carried unanimously upon vote with Herron absent. CONSENT AGENDA APPROVAL 1. Council Minutes — Repular Meeting. —..Ma 5200 2. Ordinance 1575 — Administrative Rules Amendments — 2nd Readin Due to recent changes made by the Montana Department of Labor and Industry, try, Kalispell is required to make minor amendments to the City' s building, plumbmg,, mechanical, and energy codes. Ordinance 1575 passed on first reading May 15. Larson moved approval of the Consent Agenda* The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Herron absent. C. STUDENT ISSUES None. D, PUBLIC COMMENT Corey Johnson.. 133 Sherry Lane, C A. Architects and Engineers, stated he represents Trinity Lutheran Church Flathead High School on their Conditional Use Permit requests and be will be available to answer questions. Kalispell City Council Minutes .dune 5, 2€ Page .I Kira ..arson, 1234 McMannamy Draw, Schwartz Engineering, said he represents Eisinger Motors and will be available for questions eon er ing Elsinger"s request for a growth policy amendment. DJ Walke.r� 1405 Whalebone Drive,, told the Council he is available for questions concerning the final plat for Mountain vista. Estates Phase 1. Eric Mulcahy, Sands Surveying,, said he represents the owners of Subdivision 272 and they have not decided yet whether to place the access to the garages in the front or the rear of the property. He asked that condition #9 of the preliminary plat be amended to allow for either option.. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/I. CONDITIONAL SE PERMIT — TRINITY LUTHERAN CHURCH Trinity Lutheran Church is requesting a conditioDal use permit to build a youth center o the church complex site along Third Avenue West North approximately 250 feet south of the intersection of 'third Avenue west North and West California Street. Larson. moved Council approve the conditional use permit for Trinity Lutheran Church with the attached conditions. The motion was seconded,, Conrad gave a staff report and answered questions. Yore was no discussion. The motion carried unanimously upon vote with Herron absent. E 2. CONDITIONAL USE PERMIT FLATHEAD HIGH SCHOOL Flathead High School District 5 is requesting a conditional use pennit to allow final design and construction of a student commons/food court addition to the high school located at 644 4thAvenue West. Gabriel roved Council approve the conditional use permit for Flathead High School with the attached conditions. The motion was seconded. Conrad gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon vote with Herron absent. t. E/3, RESOLUTION 5116 — PRELIMINARY PLAT HOLIDAY INN EXPRESS This is a preliminary plat request from KVC Development to lease a 2.9 acre parcel from the Department t of Natural Resources and Conservation in order to construct a Holiday Inn Express northwest of the existing ti Do e's building. Kalispell City Council Minutes June 5, 2006 .Page 2 Gabriel moved Resolution 511, a resolution conditionally approving the preliminary plat o Holiday Inn Express Subdivision, more particularly described as lying in the North Half of the Northeast Quarter of Section 36, Township 28 North, Range 22 West, '.M. .., Flathead County, Montana. The motion was seconded. Conrad gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Herron absent. E . RESOLUTION 511 — PRELIMINARY PLAT — SUBDIVISION 272 This is a preliminary plat request for a two -lot townhouse subdivision located at the southeast corner of the intersection of Denver Avenue and Rlmrock Court. Gabriel moved Resolution 51171, a resolution conditionally approving the preliminary plat o Subdivision 272,1 more particularly described as Assessor's Tract No. 7A..CAA, located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. a. The motion was seconded, Conrad gave a staff report and answered questions. Larson moved to amend Condition #9 to read, "if the owner chooses a rear access, he will provide a maintenance agreement for the 20 foot access shown on the plat". The motion was seconded. The amendment carried unanimously upon vote with Herron absent. There was no further discussion. The main motion as amended carried unanimously upon roll call vote with Herron absent. E 5. FINAL PLAT — MOUNTAIN VISTA ESTATES H iSE 1 This is a request for final plat approval of Mountain vista Estates Phase 1. that plats 41 single-family lots and 18 townhouse lots on approximately 23 acres located on the north side of ThreeMile Drive. Larson moved Council accept the Subdivision Improvements Agreement and approve the final plat for Mountain vista Estates Phase 1. The motion was seo.ded. Conrad gave a staff report and answered questions. Atkinson commented that having a homeowner's park under the BPA limes is a good use of that lard. The motion carried unanimously upon vote with Herron absent. Kalispell City Council Minutes June 5, 2006 Page E s RESOLD 'ION 51.1 — RESOLUTION of INTENT AND CALL FOR PUBLIC HEARING — GROWTH POLICY AMENDMENT — EISINGER Ro ERTIES LLC AND LYLE AND JOANNE DAVIS 'h1s resolution of intent to amend the growth policy designation n two properties totaling 15.4 acres from Neighborhood Commercial and Suburban Residential to Commercial. The properties are located at 2545 and 2563 Highway 3 North, at the northeast corner of the intersection of Highway 3 and West reserve Drive. ve. A public hearing will be scheduled for June 1.9. Larson moved Resolution. 5118, a resolution of intention to adopt, revise or reject an amendment to the Kalispell Growth Policy 2020 to amend the designation of properties located with 'in Section 30, Township 29 North, Range 21 West, Flathead County and more particularly located at 2545 and 2563 Highway 93 North, Kalispell, Montana and to call for a public bearing; The motion was seconded. Jentz gave a staff retort and answered questions. There was no disoss.on. The motion carried unanimously upon roll call vote with Herron absent, E '. RESOLUTION 5119 — RESOLUTION of INTENT AND CALL FOR PUBLIC HEARING — ENCROACHMENT EASEMENT r. Daniel Abbott is requesting to purchase an encroachment easement from the City on Buffalo Hills Golf Course. A public bearing will be scheduled for June 19. Kenyon moved Resolution 51.19, a resolution o 'Intent to sell an encroachment easement onto Buffalo Hills Golf Course and calling for and fixing a date for a public bearing and € irecting the clerk to Publish notice of this intent and hearing. The motion was seconded. Patrick gave a staff report and answered questions. Kenyon stated be is opposed to this request for a number of reasons, but the main one is because tbs matter is in the midst of l.ti;ation and we should allow the Court process to work and see what happens before we do anything. afferman said he would like to have staff answer clarify a couple of things during the public bearing. He questioned whether the five foot setback was allowed at the time the garage was constructed, and the location of any relief from the setback regulations in the ordinance. Larson commented en.ted he is not in favor of the public hearing because there is a strong recommendation from staff that the easement not be sold, and be agrees with Kenyon that it should go through the Court first. Gabriel remarked she will also not support this because Dr. Abbott failed to obtain the permits in the First place and is now asking for relief. She agrees with staff that this will set a bad precedent. Kalispell it €a it Minutes June 5, 21006 Pale 4 Ha. err an stated we would not be interfering with the Court by having a public hearing. Kl es er and Mayor .Kennedy both spoke in favor of holding the public hearing. Olson commented e is opposed to holding the public hearing because it should play out in the Court first. Atkinson agreed. The motion failed upon roll call vote with Hafferman, Klu s e , and Mayor Kennedy voting i favor, Atkinson, Gabriel, Kenyon, Larson, and Olson voting against, and Herron absent. , NUYo UNC CITY MANAGER'S REPORTS o Actior Mayor Kennedy reminded Council about the Montana League of Cities & Towns meeting set for June 15 at 130 Pm at City Hall. Mayor Kennedy announced there will be a free workshop on neighborhood oo plans on June 8 at C avana h' s from :00 -9:0o per.. Hafferman asked if anyone has met with the junior high regarding Northern Lights Boulevard. Patrick stated there is a follow-up meeting scheduled shortly. Patrick reminded everyone to exercise their right to vote tomorrow. G. ADJOURN The meetmg was adjourned at 7:57 p.m. ATTEST: T'i Z r. Whit City Clerk Approved June 19, 2006 Kalispell City Council Minutes Jufle 5, 2006 Page