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
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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.
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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.
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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.
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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.
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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.
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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.
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G, ADJOURN
The meeting was adjourned at 9:00 p.m.
Pamela B. Ike
Mayor
ATTEST;
heresa White
City Clerk
Approved November 6, 2006
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