05/16/05 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, MAY 16, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS KAKI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON,
DUANE LARSON, HANK OLSON, AND JAYSON PETERS WERE PRESENT. COUNCIL
MEMBER JIM ATKINSON WAS ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Building Official Craig Kerzman, Finance Director Amy Robertson, Fire Chief Randy Brodehl,
Parks and Recreation. Director Mike Baker, Police Chief Frank Garner, and Tri-City Senior Planner
Narda Wilson.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Peters moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
Council Minutes --- Regular Meeting May 2, 2005
2. Award Bid — 2005 Street Overlay Contract
Three bids were received for chipseals and overlays of City streets. JTL Group bid
$127,191.47, LHC Inc. $1.32,262.50, and Schellenger Construction $163, 765.05. Staff is
requesting Council award the hid to JTL Group of Kalispell.
3. Justice Assistance Grant
Council is being asked to accept a Justice Assistance Grant in the amount of $15,000 to
purchase equipment for the police department.
4. Ordinance 1534 — Initial Zoning — Spring Creek Estates — 2nd Reading
Tim Birk and Roy and Carol Stanley have requested a zoning designation of R-3, Urban
Single Family Residential, on approximately 51 acres located on the south side of Three Mile
Drive and east of Farm to Market Road approximately one quarter mile. Ordinance 1534
passed on first reading May 2.
5. Ordinance 1536 --- Parking Ordinance Amendments — 2nd Reading
The City has recently received three parking restriction requests: two hour parking on the east
side of Lions Park; a loading zone on Main next to the Justice Center; and permit parking on
the east side of 2nd Avenue West in the 100 block.
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May 16, 2005
Page 1
6. Proclamation --- Emergency Medical Services Week — May J5 through May 21
Kenyon moved approval of the Consent Agenda. The motion was seconded,
There was no discussion.
The motion carried unanimously upon roll call vote.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
The following spoke in opposition to the Zone Change and planned Unit Develo rnent Proposal for
the Courthouse East property
Charles Cummings, 1002 4th Avenue East, in reference to a letter submitted to the Council prior to
the meeting, stated he is opposed to the zone change because the "proposal's intensity of use does
not even come close to meeting the requirements for an R-5 PUD in density, percentage commercial
use, parking, and other factors".
Joanne Neiman, 735 4th Avenue East, stated the staff report is a "faulty report" and doesn't make the
necessary findings under the 12 criteria as required by law.
Kelly Haden, 620 5th Avenue East, said she doesn't remember seeing a survey and stated even
though she supports the preservation of old buildings, she doesn't feel this building is historic
looking. She also expressed concern with traffic and cars being parked in front of her house.
Becky Groose Jones, 630 5th Avenue East, said traffic problems already exist around Pledges school
and this project would only compound the problem. She asked the Council why "would we corrupt a
residential neighborhood that is willing to compromise". She suggested a meeting be held to make
this property work for the developers and the neighbors.
Jennifer Mattern, 745 4th Avenue East, expressed concern with the increase in traffic and the future
of this neighborhood if this passes. She said she's afraid the commercial aspect will creep out
further and further.
The following spoke in favor of the Zone Change and Planned Unit Development proposal for the
Courthouse East Property
David Rickert, DEV Properties Partner, commented the Courthouse East building has been an asset
for almost 100 years and is an integral part of Kalispell's history. lie said a survey was conducted
and the majority of those people questioned want the building to remain. Rickert added the density
and traffic will be no greater than when it was a County building.
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May 16, 2005
Page 2
Eric Berry, DEV Properties Partner, said all of the pictures presented at a community meeting were
examples of his work despite a comment stating otherwise.
Robin Balcomb, 1102 5th Avenue East, said she was part of the survey team and she feels it did
adequately express the views of the .neighborhood. She said she's excited about the plan because it
follows the vision of HyattPalma's downtown report, which stated the City should work at retaining
its historic character.
Trina Ambrose, 928 5th Avenue East, commented it would be a crime to tear down that building and
she feels the proposal is "exceptional".
The following spokejn..opposition to the Granary Ridge Townhouses Proposal
Holly Hand,1465 Whitefish Stage Road, commented the density is too high and the buildings are too
close to the Muff and the roadway into this subdivision is directly adjacent to the Edgerton School
entrance, not 150 feet away as previously reported. She said Whitefish Stage is "an accident waiting
to happen" and if nothing else, the road entering this project should be designated as one way_ Hand
read a letter in opposition from Susan Storfa who could not attend the meeting.
Betty Munoz, 2023 Mission Trail Road, said during the last Council meeting she was amazed a
developer would not have a geotechnical report done prior to developing a project for that area. She
said she's also amazed the developers didn't have a plan for the water runoff and she feels the
developer hasn't done an adequate job of looking at all of the issues.
John Roderick,1465 Whitefish Stage Road, said he's also concerned about the towrlhomes being so
close to the bluff, the drainage, and the increase in traffic.
Eric Mulcahy, Sands Surveying, explained the proposed amendment for Empire Estates Phases 4,5
& 6, stating the change is market driven.
Merna Terry, Flathead Builders Association, spoke in support of the Empire Estates amendment and
asked the City to involve the FBA in implementing the impact fees.
E. PUBLIC HEARING — INCREASING BUILDING FEES
The City is proposing adopting the 1997 Uniform Building Code fee schedule.
Mayor Kennedy opened the public hearing.
Merna Terry, Flathead Builders Association, said even though they hate to see the prices of homes
increase, the builders she spoke with unanimously agreed the increase is needed to provide another
building inspector, a fire marshal, a code enforcement officer and a construction engineer.
Mayor Kennedy closed the public hearing.
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May 16, 2005
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F. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
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The anticipated increase in building fees will provide the necessary revenues to fund a fire inspector,
building inspector, and code enforcement officer.
Larson moved first reading of Ordinance 1537, an ordinance amending Ordinance No. 1291,
Section 1, by establishing fees for building permits issued within the jurisdictional area of the
City of Kalispell, Montana, Building Department as authorized by the Uniform Building Code,
1997 Edition, and declaring an effective date. The motion was seconded.
Patrick gave a staff report and answered questions.
llafferman commented he's opposed to a fee increase used to hire additional personnel. He said he's
not opposed to hiring an additional building inspector but the salary should be coming from the
current fees. Hafferman said he's opposed to hiring a construction manager and a code enforcer.
Larson stated if we're not going to enforce the laws, there why pass them and the City is at the point it
doesn't have the manpower to enforce the laws. He said the City hasn't updated its rate schedule
since 1988 and this is a much needed ordinance.
Peters said he doesn't have any problem with. the building inspector and a fire inspector, but he does
have a concern with the code enforcement officer, adding there has to be a better use of the money.
Patrick responded this position will be assisting with all aspects of building and zoning codes.
The motion carried upon roll call vote with Gabriel, Herron, Kenyon, Larson, Olson, Peters,
and Mayor Kennedy voting in favor, and Hafferman voting against.
F12. RESOLUTION 5010 —PRELIMINARY PLAT AMENDMENT —EMPIRE ESTATES
PHASES 4,5 & 6
This is a request to amend the preliminary plat for Empire Estates Phases 4 through 6 to convert 21
single family lots to 34 townhouse lots on approximately 18 acres located at the northeast corner of
Three Mile Drive and Stillwater Road.
Kenyon moved Resolution 5010, a resolution approving certain revisions to the preliminary
plat of Empire Estates Subdivision, Phases 4-6, more particularly described on Exhibit "A", in
Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The
motion was seconded.
Wilson gave a staff report and answered questions.
Peters commented there are storm drain problems with the interior lots and increasing the density
won't solve the water problem and won't add to the character.
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May lb, 2005
Page 4
Herron said he has also noticed drainage problems in the subdivision and asked who's responsible
for that.
Hansz noted once the parcels are sold the developer loses control over the property and how the
contractors grade the area and the Public Works Department has lost any leverage over what the
individual homeowners' do. He said there may be a need to reexamine how the City approaches
drainage design and there may need to be additional leverage provided to Public Works.
Herron moved to table Resolution 5010 to the second meeting in ,Tune. (June 20). The motion
was seconded.
The motion carried upon vote with Hafferman and Larson voting against.
Fi3. ORDINANCE 1535 — INITIAL ZONING — GRANARY RIDGE TOWNHOMES
SUBDIVISION — 2ND READING
Valley Ventures, LLC requested an initial zoning designation of RA-1, Low Density Residential
Apartment, with a PUD overlay on approximately two and a half acres located on the east side of
Whitefish Stage Road, north of the Granary building and Edgerton School. Ordinance 1535 passed
on first reading May 2.
Peters moved second reading of Ordinance 1535, 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 Lots 3 and 4 of Subdivision #150 and
Assessor's Tract 5C in the Southwest Quarter of Section 32, Township 29 North, Range 21
West, P.M.M., Flathead County, Montana (previously zoned County RA-1, Residential
Apartment) to City R-4 (Two Family Residential), with a Planned Unit Development overlay in
accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The
motion was seconded.
Wilson gave a staff report noting Condition #1.6 was changed at the May 2 meeting to read: "A
geotechnical study of the slope shall be conducted prior to final plat submittal demonstrating its
stability as a building site". She stated the same amendment was made to the preliminary plat
resolution, along with an additional amendment changing Condition #6 to read: "The internal road
profile shall comply to City standards. The boulevard shall be landscaped in accordance with a plan
approved by the Kalispell Parks and Recreation Department". Wilson explained the second
amendment has also been added to the ordinance now before the City Council because both
documents must be consistent.
Larson moved to amend Condition #6 to read: "The road profile shall consist of a 24 foot wide
roadway, two foot curb and gutter, a five foot boulevard on the eastern boundary of the access road
and a five foot sidewalk adjoining the five foot boulevard.
There was no second.
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May 16, 2005
Page 5
Herron moved to amend Condition 46 to read: "The internal roadway profile shall consist of a
24 foot wide roadway and two foot curb and gutter, making the total road width 28 feet". The
motion was seconded.
Haffernrlan stated he is opposed to this R-4 with a PUD overlay, stating the intent of a PUD in the
City's rules and regulations is to provide "flexibility of architectural design and mixing of land use"
and there is no mixing of land use in this instance.
Kenyon commented he agrees with. Hafferman but for different reasons, declaring it appears to him
the reason the 60 foot right of way is not included is to allow for more density. He said "we should
play by the rules".
Herron responded this is a residential PUD and was fully discussed at the work session. He stated he
believes this exception is being made because "we are being guided by our rules and regulations and
our ability to establish a PUD".
Peters commented a 24 foot roadway is allowable without a PUD in any subdivision in the City. He
stated there's no point in having a 60 foot right of way.
Herron agreed, adding a 60 foot right-of-way would either kill the project or push the building closer
to the bluffs.
Larson and Olson expressed concern that the motion removes the sidewalk requirement.
The amendment failed on a tie vote with Gabriel, Herron, Peters, and Mayor Kennedy voting
in favor, and Hafferman, Kenyon, Larson, and Olson voting against.
Olson moved Condition #6 be amended to read: "The internal road profile shall consist of 24
foot wide roadway, two foot curb and gutter, a five foot boulevard on the western boundary of
the access road and a five foot sidewalk adjoining the five foot boulevard". The motion was
seconded.
Hafferman commented the motion before the Council does not follow the City's standards.
The amendment carried on a roll call vote with Gabriel, Herron, Kenyon, Larson, Olson,
Peters, and Mayor Kennedy voting in favor, and Hafferman voting against.
Gabriel suggested the internal road be designated as one way to help with the traffic.
Wilson stated because this is a private road the City could not enforce a one way standard even if it's
listed as a condition.
Olson said he doesn't think the Council can deny this development based on traffic because the
traffic problem is already present on Whitefish Stage Road.
The motion as amended carried upon roll call vote with Gabriel, Herron, Larson, Olson,
Peters, and Mayor Kennedy voting in favor, and Hafferman and Kenyon voting against.
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May 16, 2005
Page 6
F14• RESOLUTION 5008 — PRELIMINARY PLAT— GRANARY RIDGE TOWNHOMES
SUBDIVISION (TABLED MAY 2)
Valley Ventures, LLC requested preliminary plat approval of Granary Ridge Townhomes consisting
of eight two -unit townhouses on the above mentioned property.
Gabriel moved to remove Resolution 5008 from the table. The motion was seconded.
(Resolution 5008 —A resolution conditionally approving the preliminary plat of Granary Ridge
Townhomes, more particularly described as Lots 3 and 4 of Subdivision #150 and Assessor's
Tract 5C in the Southwest Quarter of Section 32, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana)
The motion carried unanimously upon vote.
Hafferman commented the May 2 Council minutes did not reflect his concerns about not receiving
city regulation information as requested, and the lack of a geotechnical report. He urged the Council,
before voting, to read the staff report which does not address the slope stability.
Peters moved Condition #b be amended to read the same as Ordinance 1535: "The internal
road profile shall consist of a 24 foot wide roadway, two foot curb and gutter, a five foot
boulevard on the western boundary of the access road and a five foot sidewalk adjoining the
five foot boulevard". The motion was seconded.
There was no discussion.
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There was discussion concerning the stormwater runoff.
Olson moved an amendment be added to the resolution stating: "A stormwater management
plan shall be developed in accordance with City standards and stormwater shall be maintained
onsite". The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
The main motion as amended twice carried upon roll call vote with Gabriel, Herron, Kenyon,
Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Haffermtan voting against.
Olson moved to reconsider Ordinance 1535. The motion was seconded.
The motion carried unanimously upon vote.
Olson moved to amend Ordinance 1535 by adding an amendment stating: ""A stormwater
management plan shall be developed in accordance with City standards and stormwater shall
be maintained onsite". The motion was seconded.
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May 16, 2005
Page 7
There was no discussion.
The motion carried unanimously upon vote.
The second reading of Ordinance 1535 as amended during reconsideration carried upon roll
call vote with Gabriel, Herron, Larson, Olson, Peters, and Mayor Kennedy voting in favor,
and Hafferman and Kenyon voting against.
F/5. ORDINANCE 1538 — ZONE CHANGE AND PLANNED UNIT DEVELOPMENT —
COURTHOUSE EAST —1ST READING
DEV Properties requested a change in zoning from R-3, Urban Single Family Residential, to R-5,
Residential/Professional Office, with a Planned Unit Development overlay on approximately two
acres located at 723 Fifth Avenue East. The proposal includes 28 apartments, approximately 20,000
square feet of office space, approximately 1,600 square feet of retail space, and a 2,000 square foot
community room.
Peters moved first reading of Ordinance 1.538, 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 Lots 1-12, Block 203 Kalispell Addition,
located in Section 17, Township 28 North, Range 21West, P.M.M., Flathead County, Montana
(previously zoned City R-3, Single Family Residential) to City R-5 (Residential/Professional
Office), with a Planned Unit Development overlay in accordance with the Kalispell Growth
Policy 2020, and to provide an effective date. The motion was seconded.
Wilson gave a staff report and answered questions.
Harball noted if Condition #16 is to remain in the Resolution, then the Council needs to mare a
finding that the structure, as is, is a hazard and a nuisance. (Condition #16 reads: "If the project is not
substantially completed, or is abandoned, by December 2007 the city has the option to use the
collateral to remove the building and clear the site.")
Hafferman commented "this whole effort is geared toward trying to cobble up a zone to fit the
project". He said he can't find any zoning that allows this type of development at this location and
even though he likes the concept detailed in this proposal, he will have to vote against it because the
proposal is not in accordance with the City's rules and regulations. Hafferman stated if the various
parties can work together he believes this proposal could be beneficial and he suggested tabling this
item for one month to see if that is possible.
Peters said he feels the old courthouse is a great structure, but he's not sure this exact PUD is what
needs to happen to the property. Praising the developer for coming forward with an idea, he said "it
looks like a war zone down there" and property values are diminishing faster now with nothing
happening. Peters agreed with Hafferman that the matter should be tabled for more discussion with
the neighbors.
Olson stated he feels the traffic is a moot question because that area has been built out for years. He
said trying to develop something is a lot better than letting it sit, but agreed that a compromise needs
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May 16, 200S
Page 8
to be looked at for the type of use for this property. Olson said he feels the building is worth saving
and it can be a compliment to the neighborhood "if we do it right".
Kenyon also said the building should stay, but added he can't vote for this right now because there
are too many unknowns. Ile said he'd like to see the Council take a closer loop at it, especially with
the needs of the neighbors.
Larson commented the legal concerns expressed by the opponents are very succinct and he would
like a legal opinion from staff. He added if the issue is tabled, he would encourage the developers
and neighbors to look at the project with an open mind and come to a compromise, noting he would
also like to see the building remain.
Larson moved to table Ordinance 1538 to the June 6 meeting. The motion was seconded.
The motion carried upon vote with Herron and Kenyon voting against.
F/6. ORDINANCE 1539 — ZONE CHANGE — THREE MILE PROFESSIONAL LLC
Three Mile Professional, LLC has requested a change in zoning from R-5, Residential/Professional
Office, to B-1, Neighborhood Buffer, on approximately three and a half acres located at the
northwest corner of Three Mile Drive and Meridian Road.
Larson moved first reading of Ordinance 1539, 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 Lots 1A and 2A of Three Mile Drive Corner of the Amended
Plat of Northwest Tracts and Lot 1 of Three Mile Corner in Section 1, Township 28 North,
Range 22 West, P.M.M, Flathead County, Montana (previously zoned City R-5,
Residential/Professional Office) to City B-1(Neighborhood Buffer District), in accordance with
the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded.
Wilson gave a staff report.
Hafferman commented he will be glad to see this area finally developed, adding he hopes this
satisfies everyone because the Council is "going to wear out this property with zone changes".
The motion carried unanimously upon roll call vote.
F/7. FINAL PLAT — WESTVIEW BUSINESS CENTER
This is a request for final plat approval of Westview Business Center, a five lot commercial
subdivision located on the east side of North Meridian Road and north of Three Mile Drive.
Larson moved Council accept the Subdivision Improvement Agreement and approve the final
plat for Westview Business Center. The motion was seconded.
Wilson gave a staff report.
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May 16, 2005
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There was no discussion.
The motion carried unanimously upon vote.
F/S. RESOLUTION 5011 — YIELD SIGN — 1ST AVENUE EAST NORTH BY
LAWRENCE PARK
This resolution approves the placement of a yield sign on 1st Avenue East North at its intersection
with Lawrence Park Road.
Kenyon moved Resolution 5011, a resolution approving the placement of a yield sign on First
Avenue East North at is intersection with Lawrence Park Road and declaring an effective date.
The motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
F/9. RESOLUTION 5012 — ENGINEERING SERVICES — IMPACT FEES
This resolution authorizes the employment of a professional engineering firm to provide consultation
services for the implementation of impact fees.
Kenyon moved Resolution 5012, a resolution to authorize the engagement of a professional
engineering firm to provide consultation services for the implementation of impact fees
pursuant to 2005 Montana Session Laws 299. The motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
F/10. RESOLUTION 5013 — CONSTRUCTION MANAGER
This resolution authorizes the City Manager to develop a job description and start the hiring process
for a Construction Manager.
Kenyon moved Resolution 5013, a resolution authorizing the City Manager to create and fill
the full-time City position of Construction Manager. The motion was seconded.
Patrick gave a staff report.
Hafferman commented the current Standards for Design and Construction require that all
development work designed by an engineer shall be inspected and certified by the engineer for
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May 16, 2005
Page 10
conformance. He commented there's no reason to hire an inspector to check the inspector and asked
the Council to note the $120,000 fiscal effect.
Herron stated most people have always assumed the City's had an inspector inspecting the inspector
and he feels this position is necessary.
Larson noted there's definitely a need for this position as was pointed out in various discussions this
evening, specifically the discussion on Empire Estates.
In response to the cost, Patrick answered the money, which he anticipates to come from developers'
fees, will fund the position, a vehicle, and other costs associated with setting up the position.
Peters commented the position is needed right now to fill a void, but he hopes when things slow
down this position can be eliminated or the job duties combined with another position.
The motion carried upon roll call vote with Gabriel, Herron, Kenyon, Larson, Olson, Peters,
and Mayor Kennedy voting in favor, and Hafferman voting against.
F/l 1. BOARD APPOINTMENT — CITY PLANNING BOARD — COUNTY VACANCY
The planning board consists of seven members, one of which is appointed by the Council as
designated by the Flathead County Commissioners. The Commissioners are requesting the Council
appoint Bob Albert to the board.
Peters moved the Council confirm the appointment of Bob Albert to the City Planning Board
and Zoning Commission. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
Mayor Kennedy announced that she and the City Manager will be meeting with Governor Schweitzer
on Friday and asked that if the Council has any issues they would like discussed to let her know as
soon as possible.
Olson commented he would like to see the staff help with the discussion between the developers and
the neighbors on the Courthouse East property.
Mayor Kennedy said she feels staff has been given specific instructions to address the legal issues
and the traffic concerns and she doesn't want to spend time discussing the issue because it was
tabled.
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May 46, 2005
Page t t
Larson reiterated the staff needs to address the legal issues as brought forth by Charles Cummings.
Patrick reminded everyone that May 30 is Memorial Day and he thanked the families of service
members who have sacrificed their all for our Country.
H. ADJOURN
The meeting was adjourned at 10:30 p.m.
ATTEST:
Theresa White
City Clerk
Approved June 6, 2005
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May 16, 2005
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