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10/16/06 City Council MinutesA REGULAR. MEETING OF THE I ALISPELL CITY COUNCIL WAS HELD AT 7:00 P,M,, MONDAY, OCTOBER 16, 20069 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HERRON, BOB HAFFERMAN, RANDY I ENYON, TIM KLUESNER, DUANE LARSON, AND HANK. OLSON WERE PRESENT., Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz, Planning Director Tom Jentz, Senior Planner Sean Conrad, Planner II PJ Sorensen, Parks Director Mike Baker, and Human Resources Director Terry Mitton. 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. Larson moved to amend the Consent Agenda by adding a proclamation for Red Ribbon week. The motion was seconded. There was no discussion. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon vote, B. CONSENT AGENDA APPROVAL 1. Council Minutes — RegLilar MeetipZ..—..October-2, 2006 2. ordinance 1557 -- Establishina Impact, Fees -- 2nd Readin Ordinance 1587 establishes and authorizes the procedure for the implementation of impact fees pursuant to the requirements of state law, ordinance 1557 passed on first reading October 2. 3. Chamber of Commerce Lease The Chamber of Commerce is requesting the City extend its lease of the Depot Park building for 35 years commencing on November 1, 2006. 4. Plaque Presentation Bob Worthington of the Montana Municipal Insurance Authority will be presenting Kalispell with a plaque recognizing the City's liability program. 5. Retirement Reco ition — Firefighter Byron Gu Kalispell City Council Minutes Oct. 16, 2006 Page 1 6. Proclamation -- Red Ribbon Week (added to agenda) Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call note. C. STUDENT ISSUES None. D. PUBLIC COMMENT Mark Crowley, Flathead County Commissioner Candidate, gave a campaign speech. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EI1, ORDINANCE 1588 — INITIAL ZONING — LEE & LINDA HERSHBERGER- AUTUMN CREEK SUBDIVISION — 2ND READING The Hershbergers are requesting an initial zoning designation of R-2, Suburban Residential, on the property listed above. Ordinance 1588 passed on first reading October 2. Larson moved second reading of Ordinance 1588, 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 Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M. Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R-2 (Suburban Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Herron and Kenyon voting against. E/2. PRESENTATION —ANNEXATION,-ZONING AND CONDITIONAL USE PERMIT REQUEST — LISA WADE Conrad gave a staff report and answered questions. There was discussion regarding shared access, interconnectivity between bordering properties, and off-street parking. Kalispell City Council Minutes Oct. 16, 2006 Page 2 E13. RESOLUTION 5155 --- ANNEXATION — LISA WADE Wade is requesting annexation of approximately 14,000 square feet of property located at 1615 5 th Avenue East. Kenyon moved Resolution 5155, 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 as Parcel B of Certificate of Survey No. 4789 in the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Wade Addition No. 384; 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 unanimously upon roll call vote. E14. ORDINANCE 1589 — INITIAL ZONING — LISA WADE -1ST READING Wade is requesting an initial zoning designation of RA-1, Low Density Residential Apartment, on the property listed above. Atkinson moved first reading of ordinance 1589, 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 Parcel B of Certificate of Survey No. 4789 in the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-4, Suburban Residential) to City RA-1 (Low Density Residential Apartment), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. E15. CONDITIONAL USE PERMIT — LISA WAVE Wade is also requesting a conditional use permit to allow the construction of a four-plex and two five-plex units on two properties located along 5th Avenue East. Kenyon moved approval of the conditional use permit for Lisa Wade. The motion was seconded. Kluesner commented he thinks it's extremely important for the developer to contact the property owner to the south to provide connectivity between the sites. Conrad said a condition does require a good faith effort on the part of the developer to provide access to the south, but they can't require the southern property owner to comply. Kalispell City Council Minutes Oct. 16, 2006 Page 3 Larson stated he has several concerns about this project, including the fire department access, parking along the access road which relates to lack of parking on site, the density, and the cost of services versus the revenue generated. He said because of these concerns, he will vote against the conditional use permit. Hafferman commented he is not concerned with the revenue, but he is concerned with the storm sewer maintenance costs. The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Kenyon, Olson and Mayor Kennedy voting in favor, and Atkinson, Kluesner and Larson voting against. E16. ORDINANCE 1590 ZONING TEXT AMENDMENT --1ST READING Ron and Sharon DeMeester are requesting a change in the method for calculating the maximum sign area allowance in certain residential, business, and public Zoning districts. Larson moved first reading of Ordinance 1590, an ordinance amending the Kalispell Zoning Ordinance (ordinance No.1460), by amending Section 27.24, Sign Regulations, and declaring an effective date. The motion was seconded. Sorensen gave a staff report and answered questions. Larson said he felt the sign ordinance was too rigid and he's happy to see that we are considering amendments that make sense to the community. Herron said there has been a lot of statements made lately that the Council is not receptive to public comments. He stated the Planning Board and Council worked on this ordinance for months and maybe the Council should hold a public hearing on the proposed amendment and think about it for a while. Sorensen noted that no one spoke against the proposed amendment at the Planning Board public Baring. Herron moved ordinance 1590 be tabled until the first meeting in December. The motion was seconded. The motion failed upon vote with Herron, Kenyon, and Kluesner voting in favor, and Atkinson, Gabriel, Hafferman, Larson, Olson, and Mayor Kennedy voting against. Atkinson commented he hopes this does not create a proliferation of signage, but if it does, the Council can revisit the issue. Planning Board thoroughly discussed this amendment and unanimously Gabriel explained the recommended its passage. Kalispell City Council Minutes Oct. 16, 2006 Page 4 Olson remarked there are really only two issues with signage, beautification and making it fair for the little guy to compete with the big guy. He said if you keep those two issues in mind it becomes pretty simple. The motion carried unanimously upon roll cull vote. EJ7. ORDINANCE 1591— ZONING TEXT AMENDMENT —1ST READING The City of Kalispell has requested a review of the 300 foot setback requirement for casinos from churches, schools, parks, residential zones, and other casinos. Larson moved first reading of ordinance 1591, an ordinance amending the Kalispell zoning Ordinance (Ordinance No. 1460), by amending Sections 27.14.030(5), 27.15.030(3), 27.16,030(8), 27.17.030(4), and 27.18.030(7), and adding a Section 27.35.110, Casino Setback Provisions, and declaring an effective date. The motion was seconded. Jentz gave a staff report and answered questions. I Iafferman said he will support this amendment, even though he would like to see additional changes such as amending "property line to property line" to "property line to door". He said he will be watching closely, however, to make sure the City follows these rules and doesn't circumvent them with something "bogus" like a PUD. The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against. EIS. FINAL PLAT — SPRING PRAIRIE CENTER PHASE 1 This is a request from Morrison Maierle, Inc. for final plat approval of Spring Prairie Center Phase 1 that plats four commercial lots on approximately 17 acres located on the west side of US Highway 93 near West Reserve Drive. Kenyon moved Council approve the final plat for Spring Prairie Center Phase 1. The motion was seconded, Conrad gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon vote. E/9. FINAL PLAT — STRATFORD VILLAGE PHASE 4 This is a request for final plat approval of Stratford Village Phase 4, a residential subdivision creating 3 single family and 20 townhouse lots on approximately three acres at the current terminus of Bluestone Drive. Kalispell City Council Minutes Oct. 16, 2006 Page 5 Kenyon moved Council approve the final plat for Stratford Village Phase 4. The motion was seconded. Conrad gave a staff report. Patrick remarked the City is in the process of pulling the bond for Phase 1 because several of the improvements have not been completed even though the bond has been extended twice. Gabriel asked if Phases 2 and 3 are on schedule. Patrick said Phases 2 and 3 are being watched closely and also appear to be behind schedule, however, they still have time to complete the improvements prior to the expiration of those bonds. Herron questioned why Phase 4 is even before the Council if the other phases aren't complete and suggested tabling the matter to consider this information. Herron moved to table the final plat until December 4th. The motion was seconded. The motion to table carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Ilafferman voting against. E/10. RESOLUTION 5156 —STOP SIGNS The Police Department is recommending a four-way stop at the intersection of 5 th Avenue East and 7th Street East. Larson moved Resolution 5156, a resolution approving the placement of four way stop signs at 7th Street East and 5th Avenue East and declaring an effective date. The motion was seconded. Garner gave a staff report and answered questions. There was discussion. The motion carried unanimously upon roll call vote. Elll. MOTION TO APPROVE LAND PURCHASE FOR UPPER ZONE CONSTRUCTION OF WATER TANK. Council was asked to approve the purchase of 1.89 acres located adjacent to West Valley Drive on Sheepherders Hill for the placement of a new water storage tank. Kenyon moved Council approve the buy/sell agreement for the property to locate a new upper zone water storage tank. The motion was seconded. Hansz gave a staff report and answered questions. Kalispell City Council Minutes Oct. 16, 2006 Page 6 Kluesner noted he read the appraisal and feels the City is getting a very good deal. He added, however, that two of the easements are still outstanding. Hafferman stated he was under the impression all of the easements were in place. He said the City needs "to get all of its ducks in a roar" before it decides to buy this land. Hansz answered we have been negotiating in good faith with each property owner and each property owner has indicated there will be no problem. He questioned why the City would buy easements if we don't have access to the property, noting it's similar to the "chicken and the egg". Hafferman commented the easements need to come first and the City needs a Buy/Sell agreement contingent on those easements being acquired. Herron noted that several months ago the Council directed staff to move forward with this project. He said he's satisfied the staff has done what they were directed to do and he feels they're doing a good job. The motion carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. EI12, BOARD APPOINTMENT -- POLICE COMMISSION James Ness has submitted a letter of interest to fill a vacancy on the Police Commission. Mayor Kennedy recommended that James Ness be appointed to the Police Commission. Olson moved the Council accept the Mayor's recommendation and appoint James Ness to the Police Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Patrick thanked Bob Worthington for the plaque presentation and he thanked Human Resource Director Terry Mitton for getting the workman's compensation issue under control and saving the City $71,000 in the process. Patrick congratulated Mayor Kennedy on her position as 2nd vice President for the Montana League of Cities and Towns. Kalispell City Council Minutes Oct. 16, 20-06 Page 7 G, ADJOURN The meeting was adjourned at 9:00 p.m. Pamela B. Ike Mayor ATTEST; heresa White City Clerk Approved November 6, 2006 Kalispell City Council Minutes Oct. 16, 2006 Page 8