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1. Council Minutes - Regular Meeting - January 22, 2008A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7: o0 P.M., TUESDAY, JANUARY 22, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS TIM KLUESNER, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBERS JIM ATKINSON AND KARI GABRIEL WERE ABSENT. Also present: City Manager Jaynes Patrick, City Attorney Charles Harball, City Clerk Theresa white, Public works Director Jim Hans2, Finance Director Amy Robertson, Police Chief Roger Nasset, Fire Chief Randy Brodehl, Planning Department Director Tom Jentz, Senior Planner Sean Conrad, Planner II Nicole Johnson, 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. CONSENT AGENDA APPROVAL 1. Council Minutes — Re ular Meeting,Januar 7 2008 2. ordinance 1626 -- Initial Zornin — Lonnie and Kim_ Buchholtz — 2nd ReadinftjZ The Buchholtz's have requested an initial zoning designation of R-4, Two -Family Residential on one half of an acre on the west side of 7th Avenue West. ordinance 1626 passed unanimously on first reading January 7. 3. ordinance 1628 --- Zone Chan e -� Jeff and Karen Thiesen --- Znd Read* Jeff and Karen Thiesen have requested a zone change from R-4, Two -Family Residential, to B-1, Neighborhood Buffer District, on two properties totaling 1.19 acres located along the western side of North Meridian Road near the intersection of Three Mile Drive. ordinance 1628 passed unanimously on first reading January 7. 4. Confirmation — Police officer Jay Bullins has completed his one-year probationary period with the Kalispell Police Department and confirmation is requested. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. Kalispell City Council Minutes January 22, 2008 Page 1 The motion carried unanimously upon vote with Atkinson and Gabriel absent. C. STUDENT ISSUES Laura Sivertsen, 135 Highland Drive, proposed that recycling bins be installed in Woodland, Lawrence, and Depot Parks from May to October. Ben Holcomb, 4880 Highway 93 South; Tyson Decker, 3040 Trurnble Creek Road; Alicia Wagner, 137 west Reserve Drive, Matt Madieros, 674 Pebble Drive; and Dylan Evert, 496 Columbia Falls Stage Road, spoke regarding their goal to get large tracts of parkland reserved from .Kalispell to Whitefish. D. PUBLIC COMMENT Bryan Schutt, 614 2nd Avenue East, stated he is very concerned about traffic and remediation efforts for Glacier Town Center and he understands that Wolford is spending a lot of money with park lands and other amenities. He said if it will help address the traffic issues maybe the Council should consider renegotiating the amount of park land. Anne Biby, Citizens for a Better Flathead, addressed her concerns with Glacier Town Center regarding the procedure. She said Citizens feels the three step process regarding annexation, zoning and subdividing should not be handled all at once and she distributed a letter outlining her concerns.. Biby stated they feel there is a lot more public input that needs to be heard; for instance a certified traffic engineer has reviewed raeger's study and has found some problems with it. Mayre Flowers, Citizens for a Better Flathead, distributed a DVD copy of Dan Burden's presentation on traffic issues, stating we have the tools to solve the traffic problems by using roundabouts and the internal roads. Flowers commented the Council has a legal obligation to make a decision based on sound findings of fact. She said we cannot afford to make a "major transportation blunder" at this point and submitted a transportation report from Michael Wallwork of Alternate Street Design, P.A. Flowers also handed out some information on roundabouts and a traffic calming report from the Victoria Transport Policy Institute. Brent Hall, Lakeside, asked where Citizens for a Better Flathead were when all the stoplights went in on the hill from the hospital to Reserve Drive. He said "we have a brain of our own" and he thinks the majority of the people in the Flathead want this project and it's time to get the job done without threats from lawyers. Denise Smith, Flathead Business and Industry Association Executive Director, noted FBIA is 100% behind the Glacier Town Center and reminded everyone the developer has wormed on this proposal for eight years and has made numerous changes to satisfy the community. She said the developers of Glacier Town Center and other businesses are not bringing growth into our community, they are responding to growth, and she asked the Council stop the delays and move this project forward. Kalispell City Council Minutes January 22, 2008 Page 2 Wayne Freeman, CTA Architects, spoke on the overall design concept for Glacier Town Center and stated this is a plan that really works; it creates a development that is mixed use and mixed income containing 72 acres of parks in the first phase. Freeman noted the developers do not agree with six of the conditions recommended by the Planning Board and he asked the Council to take advantage of the development team by asking questions during their deliberations. Bob Herron, 249 White Pine, noted that in 2002 Ward 2 Council member Fred Leistiko made the following comment in conjunction with the vote on Wolford's proposal in Evergreen, `{follow the rule, follow the plan, follow the law". He said the Council made a land use decision in 2006 when it identified this property as KN-1 and the only thing the W olford team has done is respond to that land use decision.. Herron criticized Bryan Schutt, stating he never remembers a time when a planning board chairman has spoken twice advocating his negative opinion on a project. Brent Moore, CTA, spoke on the cost of services analysis. He said at full build out this project will cost the City approximately $1.4 million in services, however, it will generate approximately $2 million in revenue along with approximately $7.6 million in impact fees. Brian Beck, 2100 Mission way South, asked Council members to move ahead with this project according to their consciences, adding the project will not create a "traffic blunder". Lynn Stanley, Citizens for a Better Flathead board member, said they think there are the beginnings of a great project here and it is not unusual for something of this size to take ten years to go "through all the hurdles". She said this is the time for collaboration and it is very important that before the project is approved the City adopt the transportation plan and take into consideration Dan Burden's creative solutions. Ken Kalvig, Wolford Development's legal counsel, said when the Supreme Court Decision came down in the North 93 Neighbors case it opened up an opportunity to talk about this project and Where we could compromise. He said in addition to the North 93 Neighbors, Wolford's development team wanted to include Citizens for a Better Flathead and Mayre Flowers in the settlement process, however, he was told that Forth 93 Neighbors refused to move forward in that fashion. Kalvig said he was also told that Citizens for a Better Flathead would not participate and he thinks it is "incredibly disingenuous" that they are saying they want to cooperate. Sharon DeMeester, North 93 Neighbors, responded that Citizens for a Better Flathead was never a part of the lawsuit; Citizens was only used "to take and funnel people's money through to us so that they could take a tax break". She said in regards to the negotiations, they still don't have a signed agreement. DeMeester also expressed her concern with the traffic, stating she drives Highway 93 every day and it is very, very dangerous. Margaret Herron, 249 white Pine, said she is DeMeester's neighbor and also drives Highway 93 several times a day. She said she is originally from Akron, Ohio and there aren't any traffic problems here. Kalispell City Council Minutes January 22, 2008 Page 3 Charles Lapp, 3230 Columbia Falls Stage Road, commented that combining the annexation, zoning, and subdivision review at one time allows the Council to see the whole picture; the process works very well. He encouraged the Council to move ahead with the project. Rod McIver, 975 Rose Crossing, said he is a member of Citizens for a Better Flathead which is an active participation organization and active citizen participation creates a viable community. He said this project will create a large amount of traffic and adding stoplights will increase congestion. Mayre Flowers, Citizens for a Better Flathead, rebutted that because Citizens was not a part of the lawsuit they were advised by their legal counsel not to participate in the negotiations with North 93 Neighbors. In addition, Flowers stated "they do not accept and funnel money". E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 5256 — FIRE DEPARTMENT LADDER TRUCK FINANCING Rocky Mountain Bank submitted the low bid rate to finance the purchase of a ladder truck at a fixed rate of 3.95 % for a period of 10 years. Kenyon moved Resolution 5256, a resolution authorizing the City Manager and Finance Director to enter into a loan agreement with Rocky Mountain Sank for the purpose of purchasing a fire truck. The motion was seconded. Robertson gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson and. Gabriel absent. E12. ORDINANCE 1627 -- INITIAL ZONING -- BAY RIDGE DEVELOPMENT — 2ND READING Bay Ridge Development is requesting an initial zoning of R-3, Urban Single Family Residential on approximately 19 acres of land located on the north side of Three Mile Drive. Ordinance 1627 passed on a vote of seven -to -one on January 7. Larson moved second reading of Ordinance 1627, 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 Assessors Tracts 1B, 1BF, 1BD, and 1BDA. located within the south half of Section 2, Township 28 North, Range 22 West, Flathead County, Montana (previously zoned County AG-80 (Agricultural) and SAG-5 (Suburban Agricultural)) to City R-3 (Urban Single Family Residential) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. Kalispell City Council Minutes January 22, 2008 Page 4 The motion carried unanimously upon roil call vote with Atkinson and Gabriel absent. E/3. FINAL PLAT —DIAMOND RIDGE ESTATES This is a request for final plat approval of Diamond Ridge Estates, a 23-lot single family residential subdivision on approximately 12 acres located on the southeast corner of Three Mile Drive and Stillwater Road. Larson moved Council accept the Subdivision Improvement Agreement and approve the final plat of Diamond Ridge Estates. The motion was seconded. Johnson gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Atkinson and Gabriel absent. E14. RESOLUTION 5257 — ANNEXATION -- GLACIER TOWN CENTER This is a request by Wolford Development for annexation of approximately 485 acres located north of West Reserve Drive between Highway 93 North and Whitefish Stage Road. Larson moved Resonation 5257, 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 on Exhibit "A" and located in portions of Sections 19 and 30 of Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Glacier Town Center Addition No. 401; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Conrad gave a staff report on the annexation and zoning. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent. E15. ORDINANCE 1629 — INITIAL ZONING -- GLACIER TOWN CENTER — 1ST RF1ADING Wolford Development is requesting four initial zoning districts on the property mentioned above; R- 3 (Urban Single Family Residential), R-4 (Two Family Residential), B-1 (Neighborhood Buffer District), and B-3 (Community Business). Saverud moved first reading of ordinance 1629, 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 in Exhibit "A" attached hereto located in Kalispell City Council Minutes January 22, 2008 Page 5 portions of Sections 19 and 30 of Township 29 North, Mange 21 West, Flathead County, Montana (previously zoned B-2, County General Business, County SAG-10, Suburban Agricultural, County SAG-5, Suburban Agricultural and County R-1, Suburban Residential) to City R-3, Urban Single Family Residential, City R-4, Two Family Residential, City B-1 Neighborhood Buffer District and City B-3, Community Business 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 with Atkinson and Gabriel absent, E/6. PRESENTATION --- PLANNER UNIT DEVELOPMENT OVERLAY AND PRELIMINARY PLAT — GLACIER TOWN CENTER Conrad presented a brief staff report for the two planned unit development overlay zoning districts on Glacier Town Center and detailed the first phase of the preliminary plat. Council discussed the six conditions in question and asked the staff and the development team questions. There was discussion as to which conditions have to be addressed in the PUD and which ones can handled in conjunction with the preliminary plat. E/7. ORDINANCE 1630 —PLANNED UNIT DEVELOPMENT OVERLAY —GLACIER TOWN CENTER — 1ST READING Wolford Development has requested a commercial PUD with the underlying zoning district of BW3, and a mixed residential/commercial PUD with the underlying zoning districts of B-1, R-3, and R-4. Kluesner moved first reading of Ordinance 1630, an ordinance an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance, (Ordinance No.1460), by creating two Planned Unit Development Overlay zones over certain real property more particularly described in Exhibit "A" attached hereto and located in portions of Sections 19 and 30 of Township 29 North, Range 21 West, Flathead County, Montana zoned with City R- 3, Urban Single Family Residential, City R-4, Two Family Residential, City B-1 Neighborhood Buffer District and City B-3, Community Business in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Larson moved to amend Condition 4(A) to read: "Four 60-foot local right-of-ways typically 2 per quarter section along the 3 northerly quarter sections of the project site allowing an average spacing of a street every feet shall be provided'. The motion was seconded. Larson said he feels two connections on the northern side of the project is adequate and he would hate to lose two -to -three acres of open space. Kalispell City Council Minutes January 22, 2008 Page 6 Hafferman stated he feels the road connections should be resolved with each phase of the plat, however, if the decision has to be made now then the connections to the north should be limited to four. Olson asked if the six connections could be changed to four later if we find we don't need that many. Mayor Kennedy suggested the amendment be worded as, "a minimum of four" Larson moved a friendly amendment to add a "minimum of' four. The second did not concur. The motion to amend failed upon vote with Hafferman and Larson voting in favor, Kenyon, Kluesner, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson and Gabriel absent. Hafferman moved that Condition 4(A) be eliminated from the PUD. The motion was seconded. Hafferman stated there is too much uncertainty with what will be happening to the north and it does not affect what we are doing tonight. Olson responded he cannot support the amendment because the planning staff and developers need a footprint to work with. The motion to amend failed upon vote with Hafferman and Larson voting in favor, Kenyon, Kluesner, Olson, Saverud and Mayor Kennedy voting against, and Atkinson and Gabriel absent. Kluesner moved that Condition 4(A) be amended to read: "A minimum of four and a maximum of six 60-foot local right-of-ways....". The motion was seconded. Olson said we need to vote this down and accept the Planning Board's recommendation, or the developer's proposal. Mayor Kennedy commented the Council is trying to provide a measure of flexibility. Hafferman moved to amend the amendment by striking "allowing an average spacing of a street every 560-660 feet shall be provided" after the words "project site". The motion was seconded. The motion to amend the amendment failed upon vote with Hafferman, Kluesner and Larson voting in favor, Kenyon, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson and Gabriel absent. The main motion to amend failed upon vote with Kluesner and Larson voting in favor, Hafferman, Kenyon, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson and Gabriel absent. Kalispell City Council Minutes January 22, 2008 Page 7 Kluesner moved to amend the third sentence in Condition 14(C) to read: Monument signs shall have a maximum building envelope of approximately 7'-6" hi h and 11'-4" wide �'- including architectural embellishments". The motion was seconded. The motion to amend carried upon vote with Hafferman, Kluesner, Olson, and Mayor Kennedy voting in favor, Kenyan, Larson, and Saverud voting against, and Atkinson and Gabriel absent. Olson moved to amend the fourth sentence in Condition 23 to read "The city council may grant multi le successive one year extensions for each phase of the project". The motion was seconded. The motion to amend carried unanimously upon vote with Atkinson and Gabriel absent. Olson moved to amend the second sentence in Condition 25 to read: "It shall be designed with a 2 way — Z lane design with a three-quarter (314)._movement ". The motion was seconded. Kenyon said the Planning Board was very specific about the right in right out. He feels it's a safety issue and it should remain. Larson said several sources feel the three-quarter movement is as safe, or safer, than the right in right out option. The motion to amend carried upon vote with Hafferman, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, Kenyon and Saverud voting against, and Atkinson and Gabriel absent. Kluesner moved to amend the last part of Condition 25 to read: "The road design shall support . a n 8' bike path with a minimum 5' landscaped boulevard on one side of the road. The northernmost and southernmost accesses alongHi hwa 93 will include si alined intersections". The motion was seconded. Larson questioned the inclusion of the signalized intersections. Kluesner made a friendly amendment to exclude the sentence on signalized intersections. The second did not concur. The motion to amend failed upon vote with Hafferman and Kluesner voting in favor, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson and Gabriel absent. Hafferman moved to amend the Ordinance by removing Condition 26 from the PUD. The motion was seconded. (Condition 26 reads: "The applicant shall reserve lots 15 and 16 at the Kalispell City Council Minutes January 22, 2008 Page 8 intersection of Rose Crossing and Highway 93 for a period not to exceed three years from preliminary plat approval for phase 1 for the purpose of allowing the city to undertake in concert with MDOT a corridor preservation study. If a junior interchange is recommended, the applicant shall reserve the necessary land. If the study is not pursued or if the study concludes a junior interchange is not feasible, the restriction over lot 15 and 16 shall be lifted at that time or three years from preliminary plat approval"). Hafferman said he wants Condition 26 removed because MDOT is going to made a decision shortly and if they want an interchange they will handle it exactly the same way they did the Willow Creek project; they will buy the land. Kenyon said if these lots are not set aside now and are built on, it will cost the taxpayers a lot more money if the State has to buy them for an interchange. Saverud agreed that it only makes good sense to leave this in as an option. There was discussion as to the City's authority with the road design. I Iarball said the State is always open to input from the cities. Kluesner remarked he supports the amendment because the developer understands the issue and he doesn't believe the lots will be built out until the issue is resolved. The motion to amend carried upon vote with Hafferman, Kluesner, Larson, and Mayor Kennedy voting in favor, Kenyon, Olson, and Saverud voting against, and Atkinson and Gabriel absent. Kenyon moved to amend the ordinance by removing Condition 1(G) which allows a maximum building height of 60 feet and instead require the developer to apply for a conditional use permit if they want a higher building than the current 40 feet allowed in the B-3 zoning district. The motion was seconded. Mayor Kennedy clarified that would mean the developer would have to apply for a conditional use permit for every building that may exceed 40 feet. The motion to amend failed upon vote with Kenyon, Olson, and Saverud voting in favor, Hafferman, Kluesner, Larson, and Mayor Kennedy voting against, and Atkinson and Gabriel absent. Conrad answered questions concerning Condition 27. The main motion, as amended 4 times, carried upon roll call vote with Hafferman, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Kenyon voting against, and Atkinson and Gabriel absent. Kalispell City Council Minutes January 22, 2008 Page 9 EI8. RESOLUTION 5258 --- PRELIMINARY PLAT — GLACIER TOWN CENTER PHASE 1 The first phase of Glacier Town Center is located on the west side of the project site along Highway 93 North and would consist of approximately 191 acres divided into 37 lots, 36 for commercial and one for a future community center. Iluesner moved resolution 5255, a resolution conditionally approving the preliminary plat of Glacier Town Center Phase 1 subdivision, located in portions of Sections 1.9 and 30 of Township 29 North, Range 21 west, Flathead County, Montana more particularly described in Exhibit "A" attached hereto. The motion was seconded. Hafferman, in a written statement, declared "there are those that want to delay consideration of this project until the transportation study is complete and road impact fees are implemented. Businesses, housing and other requests should not be held hostage while government studies and analyzes". He recommended the developers consider "company housing" in order to retain good employees; he urged that some of the storm water be used in catchments designed into the vegetative landscape; and he suggested the synchronization of traffic lights when all improvements are completed. In conclusion, Hafferman said he feels the proponents have followed the City's rules, regulations, and procedures and he is satisfied with the overall proposal and phase 1 of the preliminary plat. Kenyon moved to table Resolution 5258 until February 4, 2008. There was no second. Kenyon noted that policy 10 on page 4 of the growth policy reads: "Affordable housing should be recognized as a primary consideration in the community when adopting or amending land use regulations. The ability of the average wage owner to either buy or build a home is an essential component of the standard of living, quality of life, and general welfare in our community." Kenyon moved an amendment by adding a condition stating: "at the time of submitting a residential preliminary plat, any polices or regulations regarding affordable housing will apply to the submitted plat''. Before asking for a second, Mayor Kennedy questioned whether the motion applies since phase 1 is strictly commercial. Kenyan withdrew the motion. Harball said even if this was a residential plat, the Council should first establish a policy that would apply across the board. Hansz answered questions from Kenyon concerning the city's sewer capacity; stating service to this project has already been planned for. Olson remarked that he counted 19 traffic lights on Highway 93 between Rosauer's and Nest Reserve. He said we have traffic problems that we let happen and we can't chastise the developer for Kalispell City Council Minutes January 22, 2008 Page 10 something that is already there. Olson said he doesn't think an additional two traffic lights will be the "end of the world". The motion carried upon roll call vote with Hafferman, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Kenyon voting against and Atkinson and Gabriel absent. E19. RESOLUTION 5259 -- RESERVE LOOP SPEED LIMIT - GLACIER HIGH SCHOOL Municipalities are allowed to adopt a school speed zone 10 miles per hour less than the posted limit and staff is recommending the speed limit on Reserve Loop approaching and past the school be set at 35 miles per hour. Saverud moved Resolution 5259, a resolution to establish and post speed limits on new Reserve Loop roadway and to set an effective date. The motion was seconded. Han.sz grave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent. El10. BOARD APPOINTMENT -- TECHNICAL ADVISORY COMMITTEE Three letters of interest were received for one opening; on the Technical Advisory Committee. Gordon Pirrie, Marc Rold, and Art VaDeraa are interested in the seat vacated by Virginia Sloan. Mayor Kennedy recommended that Gordon Pirrie be appointed to the Technical Advisory Committee. Olson moved that the Council accept the Mayor's recommendation and appoint Gordan Pirrie to the Technical Advisory Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson and Gabriel absent, P. MAYO COUNCIL CITY MANAGER'S REPORTS o Action Mayor Kennedy read a proclamation for Martin Luther King Week. Larson requested that staff research whether transportation impact fees could be used to build plarking structures. Kalispell City Council Minutes January 22, 2008 Page 1 I SaverudI in response to a recent letter received from DEQ, asked that an update be provided at a work session on the State superfund facilities. G. ADJOURN The meeting was adjourned at 11:48 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes January 22, 2008 Page 1. 2