03/19/07 City Council MinutesA REGULAR. MEETING- OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, MARCH 19, 2007, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, HANK. OLSON,
AND DUANE LARSON WERE PRESENT. COUNCIL MEMBERS JIM ATKINSON AND
KARI GABRIEL WERE ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Police Chief Roger Nasset, Public Works Director Jim Hansz, Associate Civil Engineer Susie
Turner, Fire Chief Randy Brodehl, Building official Craig K.erzman, Parks Director Mike Baker,
Planning Director Torn Jentz, and Recording Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge 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 with Atkinson and Gabriel absent.
B. OUTGOING COUNCIL PRESENTATION
Outgoing Council member Bob Herron was presented with a plaque for his service to the citizens of
Kalispell.
C. OATH OF OFFICE
Incoming Council member Wayne Saverud was sworn in by Mayor Kennedy and took his place on
the dais.
D. CONSENT AGENDA APPROVAL
I. Council Minutes — R.e lar Meetin -- March 5 2007
2. Council Minutes . Special Meetin — March 8 2007
3. Award Bid — Grandview Lift Station Force Main Replacement
Two bids were received for this project. Murphy Pipeline Contractors of Jacksonville,
Florida submitted a bid of $277,760.00 and VECI of Missoula submitted a bid of
$447,075.00. Staff is recommending the contract be awarded to Murphy Pipeline
Contractors.
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March 19, 2007
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4. ordinance 1603 — Planned Unit Development Agreement Amendments - Westwood
Subdivision — 2nd R.eadin
This is a request for amendments to the preliminary plat approval for Westwood Park which
removes reference to an emergency secondary access and replaces the references with
"emergency turn around". ordinance 1603 passed unanimously on first reading March 5.
5. Confirmation — Police officer Garrett Smith
Smith has successfully completed his probationary period with the Kalispell Police
Department and Council confirmation is requested.
Larson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent.
E, STUDENT ISSUES
None.
F. PUBLIC COMMENT
Charles Lapp, 3230 Columbia Falls Stage Road, stated he couldn't find anything objectionable with
the stormwater regulations, but he feels that having to fill out a stormwater form on small jobs could
be a problem. He also said that getting grass to grow in summer can be a problem with no irrigation.
Troy Modie, 3550 Autumn Court, also spoke on the stormwater regulations, agreeing with Lapp that
it is hard to make grass grow during certain months. He said builders are concerned with prices, but
it will save money in the long term.
G. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
G/L ORDINANCE 1601 _ INTERNATIONAL BUILDING CODES — 2ND READING
Ordinance 1601 follows the State's adoption of the 2006 editions of the major building codes with
the exception of the International Energy Conservation Code. ordinance 1601 passed on a seven -to -
one vote on first reading March S.
Larson moved second reading of Ordinance 1601, an ordinance to amend Ordinance No.1.575
by adopting, by reference, the amendments to the Administrative Rules of Montana [ARM] at
24.301.131, 24,301.1389 24.301,1429 24.301.146, 24,301.154, 24.301,1719 24.301,1729 24.301,173,
24,301,2089 24,301.3019 24.301.6029 24,301.71% 24.301.7149 24,301.717, 24.301.718, and
24.301,719, and the adoption of New Rule I as they may pertain to those portions of the
"International Building Code (IBC)", 2006 Edition, the "International Residential Code
JRQI", 2006 Edition; the "International Existing Building Code", 2006 Edition; the
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March 1.9, 2007
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"International Mechanical Code", 2006 Edition; the "International Fuel Gas Code", 2006
Edition; and the "Uniform Plumbing Code", 2006 Edition, as previously adopted by the City
of Kalispell in Ordinance No.1499 as the building codes of the City of Kalispell, and applicable
to the jurisdictional area thereof; subject to the amendments made, adopted and approved by
the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide
a penalty for the violation of any lawful order issued pursuant thereto; and establishing an
effective date. The motion was seconded.
Hafferman stated more information is needed on the changes and he will vote against it. He asked
about the state law that requires these codes.
Kerzman replied they must be adopted verbatim; if they are not adopted, the state can take our
certification away and they would do the building inspections according to state later.
There was discussion regarding inspecting residential buildings.
The motion carried upon roll call vote with Kenyon, Kluesner, Larson, Olson, Saverud and
Mayor Kennedy voting in favor, Hafferman abstaining, and Atkinson and Gabriel absent.
G12. ORDINANCE 1602 — INITIAL ZONING — FOX TROTTER MEADOWS — 2ND
READING
FESN, Inc. is requesting a zoning designation of R-2, Single -Family Residential, on approximately
11 acres located on the west side of Stillwater Road. ordinance 1602 passed on a seven -to -one vote
on first reading March 5.
Kenyon moved second reading of Ordinance 1602, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property, more particularly described as Tract 2 of Certificate of Survey 7054 and
a portion of Parcel A of Certificate of Survey 15697, in Section 2, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana (previously zoned County AG-80, Agricultural,
and SAG-5, Suburban Agricultural) to City R-2 (Single Family Residential), in accordance
with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was
seconded.
Hafferman stated he voted for the zoning, but was against annexation because of the remote park and
the intersection problem. He said the road configuration can still be changed prior to final plat.
The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent.
G13. ORDINANCE 1600 — STORM WATER REGULATIONS--1S'T` READING
This resolution adopts storrnwater regulations that comply with Federal and State stormwater
permitting requirements. ordinance 1600 was tabled at the February 20 meeting.
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March 19, 2007
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Kenyon moved ordinance 1600 be removed from the table. The motion was seconded.
The motion carried unanimously upon vote with Atkinson and Gabriel absent.
Hansz gave a staff report and answered questions.
There was discussion regarding landscaping when the house is sold.
Mayor Kennedy stated she had concerns with the time and cost involved with covering stock piles
each day and asked if this was a normal standard in other communities.
Hafferman stated he spoke with a number of people who appreciated being able to review the
regulations.
The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent.
G14. ORDINANCE 1604 — PLANNED UNIT DEVELOPMENT AGREEMENT
AMENDMENT -- HILTON GARDEN INN — 1ST READING
Council will consider amending the language in the Hilton PUD agreement addressing casino
signage.
Larson moved first reading of ordinance 1604, an ordinance to amend Ordinance 1574, which
amended Section 27.02.010, official zoning Map, City of Kalispell zoning ordinance,
(Ordinance No.1460), by zoning certain real property more particularly described as Tract 1
of Certificate of Survey No.17045, a tract of land, situated, lying, and being in the north half of
the Northwest Quarter of Section 20, Township 28 North, Range 21 'Nest, P.M.M., Flathead
County, Montana (previously zoned City P-1, Public) to City B-2 (General Business), with a
planned unit development overlay in accordance with the Kalispell Growth Policy 2020, and to
provide an effective date. The motion was seconded.
Kenyon quoted section G of the original ordinance and stated the intent was clear; the point was to
ensure the community was not inundated with gaming advertising. He stated he is disappointed this
is being reviewed and that any promotion of gaming is a detriment to the community.
Olson stated that they have to call it something, and the sign does not suggest gaming.
Larson respectfully disagreed with Kenyon and stated that was not his intent; his intent was not to
have the words "casino" or `gaming" on a sign. He said every other entrance to the building has a
sign beside it.
Mayor Kennedy agreed with Larson.
The motion carried upon roll call vote with Hafferman, K.luesner, Larson, Olson, Saverud, and
Mayor Kennedy voting in favor, Kenyon voting against, and Atkinson and Gabriel absent.
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II. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action
Mayor Kennedy acknowledged fireman Brandon French as finishing twice in the top five in the
Fireman Staircase Climb, and our firefighters as a team corning in 9th.
Olson read a portion of a letter from Bill Goodman regarding the transfer of Laser students to
Linderman School and the potential parking problems. He asked staff to check with the school
district to see if a parking plan has been developed.
I. ADJOURN
1 11 Illill llrl
The meeting was adjourned at 8:03 p.m.
ATTEST:
Theresa White
City Clerk
Approved April 2,2 007
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March 19, 2007
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