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1. Council Minutes - Regular Meeting - January 7, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JANUARY 7, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT DUANE LARSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, HAND OLSON, AND WAYNE SAVERUD WERE PRESENT, MAYOR PAMELA B. KENNEDY WAS ABSENT. COUNCIL MEMBER TIM KLUESNER ARRIVED AT 7:05 PM. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Public Works Director Jim Hansz, Finance Director Amy Robertson, Detective Lieutenant Jim Brenden, Fire Chief Randy Brodehl, Planning Department Director Tom Jentz, Senior Planner Sean Conrad, Planner II Nicole Johnson, and Recording Secretary Judi Funk. President Larson called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Gabriel moved approval of the Agenda. The motion was seconded. Kenyon moved to continue the public hearing until the Council and public obtain additional professional input on our draft transportation plan and traffic issues related to Glacier Town Center, reconvening the public hearing February 18. White noted the public hearing cannot be continued until it is opened and testimony received. Kenyon stated he would reserve his motion for later. The motion carried unanimously upon vote with Mayor Kennedy and Kluesner absent. B. OATHS OF OFFICE White administered the oath of office to Council members Kari Gabriel, Randy Kenyon, Duane Larson, and Wayne S averud. C. ELECTION OF COUNCIL PRESIDENT President Larson explained that the Council needs to elect a Council President and asked for nominations. Kenyon nominated Duane Larson. Olson moved to close the nominations. The motion was seconded. The motion carried unanimously upon vote with Mayor Kennedy absent. Larson was declared Council President for lack of additional nominations. Kalispell City Council Minutes January 7, 21008 Page l D. CONSENT AGENDA APPROVAL 1. Council Minutes -- Regular Meetiniz December. 17 2007 Gabriel moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Mayor Kennedy absent, E. STUDENT ISSUES Sam Skeim, 124 Somerset Drive, asked Council to improve the crosswalk on woodland Park Drive stating it is unsafe because people are traveling too fast corning down the hill from Anderson Masonry. He proposed a blinking light to warn motorists of the crosswalk. Brita Thorderson, 716 Blaine View Lane, said recently a group of students collected 60 gallons of garbage around Woodland Park Drive and she suggested putting up a sign encouraging people not to litter and what the fines are if they do. Daniel Gordon, 130 Krause Lane, spoke regarding the homeless population around Kalispell and how the Samaritan House could use Channel 9 for non-profit advertising. Hannah Febach, 528 Crestview Road, stated she is concerned with the cleanliness of the woodland Park pond and suggested that it be dredged. Niles Moschetti, 50 Amdahl Lane, said more people would probably utilize different areas around the pond if it was clean. Madison Gaunter, Lakeside, remarked they looked at several solutions for the pond and the best one seems to be dredging it or using an environmental cleanser. Colin Morrison, 85 Scarborough Avenue, asked that a guardrail be installed on the steep hill on East Evergreen Drive near Village Greens. He said students collected nearly 60 signatures on a petition asking for the guardrail and even though it is not in the City limits right now, he understands it is going to be annexed. (Petition is attached and by this reference made a part of the official record) Fred Morris, 8 10 11 th Street East, said because the road is supposedly being annexed this year the County said it is not willing to do anything and in addition, the required technology to install a guardrail in that area is very expensive. Krista Naglich, 259 Hemmler Creek Road, and Angela Maisch,1511 Lake Blaine Road, spoke about traffic problems at Flathead High School and asked that snow removal on 5th and bth Avenues west, and 6th, 7th, and Sth Streets west be completed before 7:15 am in order to prevent accidents. Kalispell City Council Minutes January T 2008 Page 2 F. PUBLIC COMMENT Rick Breckenridge, 1405 Highway 2 West, speaking on behalf of the Bay Ridge Estates subdivision, stated they have been working with the Fire Chief to get a water tank installed prior to annexation. Richard Griffin, 312 Northridge Drive, said he attended the ice rink ribbon cutting ceremony at Woodland Park and he was excited to learn that the rink was established in a cooperative effort with the private sector. Bridget Pellett, 2034 Ruddy Duck Drive, commented the Ray of Hope is also a non-profit organization that helps the homeless and wanted the students to know that. She also wondered when we are going to start preserving our farmland. G. PUBLIC HEARING GLACIER TOWN CENTER President Larson opened the public hearing and asked for comments concerning the Glacier Town Center project proposed for approximately 485 acres north of West Reserve Drive between Highway 93 North and Whitefish Stage Road. Pat Arnone, 595 Lauman Road, stated it has come to her attention that Mayre Flowers from Citizens for a Better Flathead recently wrote a letter to the Montana Department of Transportation on the subject of the flow of traffic on Highway 93 and that it looks like a "deal" was cut between MDT and the developer that was against Montana law. She said we have to abide by our laws first or "we don't having anything". Arnone handed out an article on the impact of traffic lights and said we need to do a new traffic study before any more lights are installed on 93. (Handout is attached and by this reference made a part of the official record) Brent Hall, 191 Lakeside Boulevard, said we lost $22 million of timber this year due to fires and he doesn't want to lose the Wolford project and the jobs it will bring. He said the radical environmentalists filing frivolous law suits are breaking our backs; this project will create jobs and tax revenue and give us a lock on being the biggest shopping area in the northwest. Hall said he fully supports this proposal. B.J. Carlson, 2620 Mission Trail Way, speaking on behalf of North 93 Neighbors, read a written statement concerning their lawsuit with Wolford and traffic issues. (Written statement is attached and by this reference made a part of the official record) Lynn Stanley, 838 2nd Avenue East, said it is unthinkable to widen Highway 93 to allow people to move rapidly between Whitefish and Kalispell and then put stop lights on it. She said the fast route should be preserved north of Reserve, adding we only have one chance to get this right which is why we need a peer review of the wolford transportation plan. Linda Pistorese, Columbia Falls, stated she is a real estate agent and noted that commercial real estate grew by 11.4% from 2006 to 2007, while residential sales dropped 22%. She said this project will offer a lot of jobs and help with commercial growth. Kalispell City Council Minutes January 7, 21008 Page 3 Bruce Tellick, 9 Wyndover Hill Drive, realtor, commented he is in favor of not impeding the process unnecessarily and encouraged Council to move forward. He said it's a fact of life that the City boundaries are moving north and practically speaking, we can not expect to have a freeway through that area and stop lights are a safety buffer. George Taylor, 504 5th Avenue East, said he doesn't think the issue With transportation is a "we pay all or B ucky pays all" situation, this should be a joint effort, adding we should control our safety matters, not MDT. Taylor said he feels this proposal is a good project and we need to meet someplace in the middle. Shawn Sullivan, 324 Boone Road, stated the transportation plan on Highway 93 is already broken and the last thing we need is another set of stop lights on that road. He said Highway 93 is a thoroughfare and should be used for transportation, not stop and go stop lights. Rod McIver, 975 Rose Crossing, questioned why the transportation system should be set up to favor people who are shopping instead of someone Who is working; commercial operations need to feed into bleeder roads from the side. He said he hopes we can come to a compromise with Wolford because he is the only person who has played by any fair rules, unfortunately he comes at an awkward time when our transportation system is severely crippled. Doug Rauthe, 413 6th Avenue East, said the Housing Affordability Ladder group has met with Wolford regarding affordable housing and they plan to meet again. Mayre Flowers, Citizens for a Better Flathead, displayed a large sign which said "Anything Worth Doing is Worth Doing Right, So Let's Keep Highway 93 Stop Light Free". She suggested that before the Council approves this project it needs to adopt the transportation plan, adopt impact fees, identify a plan for paying for a junior overpass at Rose Crossing, and request a peer review of the traffic plan. Flowers recommended that Dan Burden, who is extremely credible with these types of issues, be contacted to conduct the traffic plan review. She said she has contacted him and he is willing to review the plan and make suggestions. Megan McCrae, Citizens for a Better Flathead, read a letter addressing the areas in which the project fails to satisfy the PUD regulations, subdivision regulations, and the growth policy. (Letters, Comments, and Handouts submitted by Citizens for a Better Flathead are attached and by this reference made a part of the official record) Brent Moore, Senior Planner, CTA Architects, on behalf of Wolford Development, read a letter and submitted information asking that the Council remove six of the 47 conditions recommend by the Planning Board. He also included a letter outlining Kathleen Krager's qualifications for developing a traffic plan. (Letter and attachments are attached and by this reference made a part of the official record) Bryan Schutt, Planning Board president, read a letter describing some of the discussions the Planning Board had on this project. (Letter is attached and by this reference made a part of the official record) Kalispell City Council Minutes January 7, 2008 Page 4 Kathleen Krager, Denver, CO, transportation engineer for Wolford, submitted the written transcript of her presentation at a work session December 17. She summarized the traffic plan and emphasized that Highway 93 is not a "free flowing" roadway, noting there are lots of access points on US Highway 93 that cross traffic and the only reason there aren't more accidents is because the volume hasn't gotten high enough. (Transcript of December 17 work session is attached and by this reference made a part of the official record) Ian McCaskell, Architecture Plus, Louisiana, explained that the traffic costs for the Wolford project A n Ames, Iowa are being shared with the City. Roxanne Brothers, 786 4th Avenue WN, said she is concerned with what is happening on Highway 93 and adding more stop and go lights will increase pollution. She said we should bring in an independent person to do a traffic study rather than going with someone that Wolford hired and she questioned why there are no frontage roads in the area. Mary Critchlow, 520 4th Avenue East, also expressed concern with traffic flow and safety issues on Highway 93 and submitted a report from the Montana Department of Transportation identifying the top five percent of Montana highways that demonstrate the most severe highway safety needs with Highway 93 listed. Critchlow also handed out a Daily Interlake article regarding sewage treatment plant capacity. (Submittals are attached and by this reference made a part of the official record) Brian Beck, 2100 Mission way South, remarked that traffic in and around Kalispell may be inconvenient, but it is not a problem, adding he doesn't feel a junior interchange is necessary. He said he knows the Wolfords personally and they have integrity and do quality work. Beck rebutted that the "plight of the farmer is not the result of governments allowing subdivisions; subdivisions are the result of the plight of the farmer" and he encouraged the Council to move forward on this project. Garrick Guymon, 139 West Cedar Drive, suggested limiting access to the development via one way roads; northbound 93 drivers could enter the development by turning right, with southbound traffic from Whitefish and Columbia Falls entering from Whitefish Stage Road. He said in addition, there could be a stop light at Rose Crossing to slow traffic and help with the flow. Guymon said once the mall is here we can't get rid of it and the Council needs to look at the traffic situation, especially the bypass, prior to approval. Joe Unterreiner, Kalispell Chamber of Commerce Executive Director, spoke on Kalispell's role as a regional trade center for northwest Montana and the retail sector is an important part of that. He urged the Council to approve this project with reasonable considerations. Denise Smith, Flathead Business and Industry Association Executive Director, commented that even if an independent review is conducted, MDT will still be the one to approve appropriate mitigation and implementation along Highway 93. Smith said instead of a review, the FBIA supports the Technical Advisory Commiittee's recommendation to conduct a Highway 93 corridor study similar to the study that was done on Highway 2. She submitted MDT's Access Management and Land Use Planning Policy Paper outlining what MDT can and cannot do, and stated Wolford Development has shown they have staying power and it is time for this community to welcome them (Policy Paper is attached and by this reference made a part of the official record) Kalispell City Council Minutes January 7, 2008 Page 5 Ken Kalvig, Wolford Development's legal counsel, rebutted several previous speakers' comments including statements that the proposal fails to follow the growth policy. He emphasized that this project is being proposed for Kalispell and the laws of Kalispell and Montana have to apply; what is happening in Ames, Iowa is not relevant. Kalvig also noted that he has tried to review the correspondence from Citizens for a Better Flathead to MDT regarding transportation issues and there is a lot of material in those documents that they do not find is with merit. In conclusion, Kalvig said the public has had ample opportunity to comment and it would violate his client's due process rights to keep the public hearing open for another 5 weeks to accommodate one speaker. He said Wolford has only asked for fairness and he asked the Council to not support continuing the public hearing. Wayne Freeman, CTA, also addressed several speakers' concerns, emphasizing that there was no deal between MDT and the developer; MDT was asked to comment by the City staff and they did so. He said Dan Burden has a degree in recreational management and promotes common sense design, which is What CTA does every day. Freeman remarked they have worked very hard with the North 93 Neighbors and the City planning staff and he feels this is a project they can all be proud of. Chad Wolford, Wolford Development, said his father first envisioned this project 1n1999 and since that time they have been 100% committed to see this project through. He said despite lawsuits and personal attacks, they have made numerous concessions and donations to move this project forward. Wolford said they are pleased to submit a plan that provides numerous benefits to the community, however, half a dozen items remain that jeopardize the economic viability of this project and they hope the Council will take that into account when considering the proposal. Brent Card, 354 Plantation Drive, stated he represents the 80 acres which is annexed into the City and is north of the west half of this project. He said he feels the Rose Crossing interchange will solve a lot of the traffic problems. Card also noted he has spoken with Wolford Development many times and asked that Council approve the project. Kenyon moved the public hearing be continued until February 18 in light of the tremendous interest in traffic safety issues and the changes noted by Mr. Moore in the not -yet -finalized plan. There was no second. President Larson closed the public hearing. (All comments received prior to the public hearing are attached and by this reference made a part of the official record) H. REPORTS/RECOMNIENDATIONS AND SUBSEQUENT COUNCIL ACTION H11. PRESENTATION — ANNEXATION AND INITIAL ZONING — LONNIE AND K.IM BUCHHOLTz Johnson gave a staff report and answered questions on a request from Lonnie and Kim Buchholz to annex approximately one half of an acre on the west side of 7th Avenue West. Kalispell City Council Minutes January 7, 2008 Page 6 H12. RESOLUTION 5253 — ANNEXATION — LONNIE AND KIM BUCHHOLTZ The property proposed for annexation is located between 1 lth Street West and Sunnyside Drive. Atkinson moved Resolution 5253, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Lot 3 of Western Acres Subdivision located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Buchholtz Addition No. 3"; 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 with Mayor Kennedy absent. H13, ORDINANCE 1626 — INITIAL ZONING -- LONNIE AND KIM BUCHHOLTZ —1ST READING The Buchholtz's have requested an initial zoning designation of R-4, Two -Family Residential. Saverud moved first reading of ordinance 1626, 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 Lot 3 of Western Acres Subdivision located in Section 18, Township 28 North, Range 21 West, Flathead County, Montana (previously zoned County R-5, Two Family Residential) to City R-4 (Two Family 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 unanimously upon roll call vote with Mayor Kennedy absent. H14. PRESENTATION — ANNEXATION INITIAL ZONING AND PRELIMINARY PLAT — BAY RIDGE DEVELOPMENT Johnson gave a staff report and answered questions on a request by Bay Ridge Development, LLC for annexation, zoning, and preliminary plat approval of approximately 19 acres of land located on the north side of Three Mile Drive. Hafferman commented Meadows Lane is a dead end street and therefore there could be a question as to whether this follows the design and construction standard that defines a cul-de-sac. He said in order to address and rationalize this long entrance he moved an amendment to the findings of fact to state: "Meadows Lane is about feet to the loop road; if the property south of the cul-de-sac on Bowser Creek Loop is subdivided and annexed to the City, an easement is to be provided for a possible second access road."' Kalispell City Council Minutes January 7, 2.008 Page 7 Larson noted that Hafferman would have to wait until the appropriate agenda item before makinI-Tg rw a motion. Hafferman said the findings are not included in any of the following actions. Harball stated the findings of fact cannot be amended, but Hafferman could include his motion as a condition when the preliminary plat is considered. There was discussion of impact fees and how to mare sure prospective buyers are aware of the impact fees prior to purchase. Kluesner said the future homeowner would see the encumbrance on the title before the loan was closed. Gabriel remarked that she is having a hard time accepting the density of this subdivision that abuts County agricultural land. II15. RESOLUTION 5254 — ANNEXATION — BAY RIDGE DEVELOPMENT The property proposed for annexation is located at the terminus of Meadows Lane and is south of Quarter Horse Estates. Atkinson moved Resolution 5254, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Assessors Tracts 1B,1BF,1BD, and 1DBA located within the south half of Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Bay Ridge Addition No. 400; 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 with Mayor Kennedy absent. IH16. ORDINANCE 1627 — INITIAL ZONING — BAY RIDGE DEVELOPMENT — 1ST READING Bay Ridge Development has requested an initial zoning of R-3, Urban Single Family Residential on the property listed above. Kenyon moved first reading of ordinance 1627, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance, (Ordinance no. 1450), 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. Kalispell City Council Minutes January 7, 2008 Page 8 There was no discussion. The motion carried upon roil call vote with Atkinson, Hafferman, Kenyon, Kluesner, Olson, Saverud and President Larson voting in favor, Gabriel voting against, and Mayor Kennedy absent. H17. RESOLUTION 5255 — PRELIiVIINARY PLAT — BAY RIDGE ESTATES Bay Ridge Development also requested preliminary plat approval of Bay Ridge Estates, a 40-lot subdivision with lots that range in size from 7,000 to 30,000 square feet. Kenyon moved Resolution 5255, a resolution conditionally approving the preliminary plat of Bay Ridge Estates Subdivision, 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, P.M.M., Flathead County, Montana. The motion was seconded. Hafferman moved to amend the findings of fact to state: `Meadows Lane is about feet to the loop road; if the property south of the cul-de-sac on Bowser Creek Loop is subdivided and annexed to the City, an easement is to be provided for a possible second access road." The motion was seconded. Hafferman was reminded he can not amend the Planning Board's findings of fact, however, the condition could be added to the resolution. Hafferman withdrew his motion. The second concurred. There was no further discussion. The motion carried upon roil call vote with .Atkinson, Hafferman, Kenyon, Kluesner, Olson, Saverud and President Larson voting in favor, Gabriel voting against, and Mayor Kennedy absent. H18. ORDINANCE 1628 -- ZONE CHANGE — JEFF AND KAR.EN THIESEN — 1ST READING Jeff and Karen Thiesen 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 Forth Meridian Road near the intersection of Three Mile Drive. Saverud moved first reading of ordinance 1628, 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 19 and 20 of the Sinopah Subdivision located in Section 1, Township 28 North, Range 22 west, Flathead County, Montana (previously zoned City R-4, Two Family Residential) 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. Kalispell City Council Minutes January 7, 2008 Page 9 Conrad gave a staff report and answered questions concerning ingress, egress, and topography. There was no further discussion. The motion carried unanimously upon roll call vote with Mayor Kennedy absent. H/9. CHANGE ORDER —UPPER ZONE WATER SUPPLY AND STORAGE PROTECT Staff is requesting approval of a change order for the Upper Zone Water Supply and Storage Project in the amount of $152,320.00 for additional costs to install pipeline. Gabriel moved Council approve the change order for the Upper zone Water Supply and Storage Project in the amount of $152,320.00 for additional costs to install pipeline. The motion was seconded. Hansz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Mayor Kennedy absent. I. MAYORICOUNCILICITY MANAGER'S REPORTS No Action Hafferman requested that the Council receive only one set of conditions for the next meeting because it has been confusing with all of the changes and responses. Olson stated he agreed with Kenyon that we need to get another opinion on the traffic issue, but he couldn't agree with continuing the public hearing for so long. He said if someone wants to bring in another expert to talk to us, "we would be fools not to tame that opportunity" Kenyon emphasized that this is something that is going to have a major impact on every person in this valley for the next 50, 601 70 years and to listen to only one person on how this should be done "is foolhardy". Atkinson commented that he would like to hear what Dan Burden has to say, however, he doesn't know if it would "clear a whole lot up for us because this is another opinion". Saverud asked that any action on Glacier Town Center be set for the first meeting in February, rather than January 2 1, to give the Council time to read all the information. Gabriel said she would request that in the future the public submit information to the Council prior to the meeting so members have time to review it. Patrick announced that he has requested a meeting with MDT to review their approvals and the transportation study. Kalispell City Council Minutes January 7, 2008 Page 10 Kenyon asked for a copy of MDT' s findings. Hafferman said he thinks it is "entirely inappropriate" for the City Manager to be meeting with the Montana Department of Highway officials about the Wolford development. He said we had better 4`watch very carefully how each one of us conducts ourselves" in this process and he urged Patrick not to meet with the highway officials. In response to questions at the December 17 meeting, Patrick fzurther explained the STIP transfer that occurred in November. Kluesner stated he feels the City Manager acted in the best interests of the City, but in the future he would like to know about these types of transfers. .1. ADJOURN The meeting was adjourned at 10 : 5 5 p.m. ATTEST: Theresa white City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes January 7, 2008 Page l l