06/02/08 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, JUNE 2, 200$9 IN THE COUNCIL CHAMBERS AT CITY BALL IN
KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL
MEMBERS JIM ATKINSON, KARI GABRIEL, RANDY KENYON, BOB HAFFERMAN,
DUANE LARSON, HAND OLSON, AND WAYNE SAVERUD WERE PRESENT, COUNCIL
MEMBER TIM KLUESNER WAS ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Chief of Police Roger Nasset, Public works Director Jim Hansz, Finance Director Amy Robertson,
Economic and Community Development Director Kellie Danielson, Parks and Recreation Director
Mike Baker, Planning Department Director Torn Jentz, Planner lI PJ Sorensen, 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 with the removal of item E/3, Preliminary Budget
Adoption and Calling for Public Hearing. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Kluesner absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting — May 19, 2008
2. ordinance 1637 — Initial Zonincy — Wayne Grille — 2nd Readin
Grilley is requesting a zoning designation of B-2, General Business, on approximately one
acre located at 1531 Willow Glen Drive across from Glacier Toyota. ordinance 1637 passed
unanimously on first reading May 19.
Saverud moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
'Ihe motion carried unanimously upon vote with Kluesner absent.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Vicki Poynter, 600 Granite View Drive, CEO of Flathead Industries, stated she supports changing
the sign ordinance (ordinance 1639) because it is a good change and it is paramount to their
business.
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June 2, 2008
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Mike Allen, Business and Operations Director of Flathead Industries, also supports changing the sign
regulations.
Doug Morton, 203 Somerset Drive, founder and board member of Flathead Industries, also spoke in
favor of changing the sign ordinance, stating they would like to use as much of the existing sign as
passible.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/1. ORDINANCE 1638 — AMENDING CHAPTER 3 ALCOHOLIC BEVERAGES
KALISPELL MUNICIPAL CODE — 2ND READING
This amendment eliminates entirely any distance requirement between any liquor licensee and a
church, synagogue, or other place of worship, and 300 feet from a school. The first reading of
Ordinance 1638 carried on a seven -to -one vote on May 19.
Larson moved second reading of Ordinance 1638, an ordinance amending Ordinance No.1355,
codified. as Kalispell City Code 3-18 supplanting the provisions of MCA 16-3-306 eliminating the
distance requirement between an establishment with any liquor license and a church, synagogue,
other place of worship in the B-4 Central Business zone, and requiring a distance of 300 feet
between an establishment with any liquor license and a school in General Business B-2, Community
Business B-3, Central Business B-4, and the Industrial -Commercial B-5 City land use zones and
declaring an effective date. The motion was seconded.
There was no discussion.
The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Larson, Olson,
Saverud, and Mayor Kennedy voting in favor, Atkinson voting against, and Kluesner absent.
E12. CONTRACT RATIFICATION -- KALISPELL POLICE ASSOCIATION
The Kalispell Police Association met May 28 and voted in favor of a four-year contract to run from
July 1, 2007 through June 30, 2011.
Larson moved Council approve the contract between the City of Kalispell and. the Kalispell
.................Polic.e..A.ssociat on. and authorize the City Manager to execute the agreement. The motion was
.:... .... ..... ...........................................
seconded.
Patrick gave a staff report and answered questions.
Hafferman stated he is not concerned with what other cities are paying their officers; Kalispell is
special and our officers' value to the community is extraordinary. He said he is in support of the
contract.
Gabriel remarked she fully supports the contract, and commended the Police Chief and City
Manager.
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June 21, 2008
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Mayor Kennedy commented she is also pleased with the contract.
The motion carried unanimously upon vote with Kluesner absent.
E/3. PRELIMINARY BUDGET ADOPTION AND CALL FOR PUBLIC HEARING
(REMOVED)
E/4, ORDINANCE 1639 —ZONING TEXT AMENDMENT— SIGN REGULATIONS —1ST
READING
This amendment governs the extent to which non -conforming signs would maintain that status when
the signage is discontinued or the face of the sign is modified.
Gabriel moved first reading of ordinance 1639, 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.
Hafferman commented he is concerned with the City writing new regulations that make something
illegal today when yesterday it was legal.
Hafferman moved an amendment to Section S to read, "Existing freestanding signs shall
remain unless they are structurally altered or pose a safety hazard". There was no second,
Atkinson said he feels just the opposite of Hafferman; he is against an ordinance that makes
something legal today that was illegal yesterday. He said grandfathered signs receive years of
advantage and this gives them more of an advantage. It is fairer to everyone else if grandfathered
signs go away.
Olson commented the purpose of a sign ordinance is to even the playing field. This is really good
public relations work by staff to recognize a problem and try to take care of it.
There was no further discussion.
The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Larson, Olson,
Saverud and Mayor Kennedy voting in favor, Atkinson voting against, and Kluesner absent.
....... .
E15. ORDINANCE 1640 — HERITAGE WAY PARKING RESTRICTIONS --- 1ST
READING
Ordinance 1640 prohibits vehicular parking on either side of Heritage Way beginning at the
intersection of Heritage way and Sunnyview Lane for 480 feet.
Saverud moved first reading of ordinance 1640, an ordinance to amend Section 17-54,
Kalispell City Code, prohibiting vehicular parking on either side of the street on Heritage Way
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June 2, 2008
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beginning at the intersection of Heritage way and Sunnyview Lane and continuing 480 feet
along Heritage way and directing the placement of appropriate signage therefore, and
declaring an effective date. The motion was seconded.
Patrick gave a staff report and answered questions.
There was no further discussion.
The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Larson, Olson,
Saverud and Mayor Kennedy voting in favor, Atkinson voting against, and Kluesner absent.
F. MAY[) COUNCIL CITY MANAGER'S REPORTS No Action
Mayor Kennedy explained that the preliminary budget was removed to allow for an additional work
session, but that Council does need to adopt it by the end ❑f this month.
Olson asked for a skateboard work session. Patrick responded a community meeting will be
scheduled as soon as the calendar allows.
Patrick recognized Brett Bouda from the audience, the photographer who put together the picture in
the Council Chambers.
Patrick informed Council about a recent restroom fire at the swimming pool and he encouraged
everyone to vote tomorrow.
G. ADJOURN
The meeting was adjourned at 7:43 p.m.
ATTEST:
Theresa White
City Clerk
Approved June 16, 2008
'Pei &.A
M. Duane Larson
Council President
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June 2, 2008
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