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1. Council Minutes - Regular Meeting - August 6, 2007A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 6, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. K.ENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TINT KLUESNER, HAND OLSON, DUANE LARSON, AND WAYNE SAVERUD WERE PRESENT, COUNCIL MEMBER KARI GABRIEL WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Public Works Director Jim Hansz, Fire Prevention Chief DC Haas, Chief of Police Roger Nasset, Finance Director Amy Robertson, Parks Director Mike Baker, Planning Director Torn 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 Gabriel absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meetin — Jul 16 2007 2. Ever een Sever Rate for Fiscal Year 2007-2008 Evergreen's rate is based on Kalispell's operational expenses for fiscal year 2007 prorated at the percent of usage based on meter readings at the lift station and the Wastewater Treatment Plant. 3. ordinance 1617 — International Fire Code --- 2nd Readin Staff has requested the Council adopt the International Fire Code, 2006 Edition. ordinance 1617 passed unanimously on first reading July 16. Atkinson moved approval of the Consent Agenda, The motion was seconded. Saverud requ-ested a correction to the Minutes on page 6 noting Atkinson is listed as voting twice. There was no objection. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel absent. Kalispell City Council Minutes August G, 2007 Page 1 C. STUDENT ISSUES Neil Hilton, 353 3rd Avenue EN, cited the Flathead Beacon quoting Council member Olson as stating, "Development in the Flathead is going crazy and we are doing a bad job of controlling it. I wish that things could go slower, but how do you do that`?" Hilton suggested the Council can slow growth by starting with Starling and by doing their homework. He said the Council needs details on traffic impacts, environmental impacts, housing impacts, etc. and that information needs to be made readily available to the public for comment. D. PUBLIC COMMENT Marc Nevas, 1475 west Reserve Drive, read a letter regarding the Starling proposal. (Letter is attached hereto and hereby made a part hereof). Date Marshall, 1475 'V'Llest Reserve Drive, echoed Nevas' comments regarding Starling. Mayre Flowers, Citizens for a Better Flathead, stated a condition should be added to the Starling approval requiring the developer to install wells, park land should be noted specifically on the PUD, and condition #6 in the preliminary plat resolution should be changed so that the land reverts to the City for a community land trust development if the school district decides not to use it. She concluded by asking that the Council postpone the issue until the developers and the neighbors sit down together to provide some mitigation to surrounding land owners. Greg Stratton, The Aspen Group, introduced The Aspen Group project team and the Grossweiler's. He presented a rundown on what has taken place since the proposal was introduced and thanked the Council, the planning board, and City staff for their time and effort during the review process. Stratton responded to the issues made by the public and asked for Council approval. Angie Kruckenberg, 1116 Sunnyside Drive, read a letter regarding the Ashley Heights subdivision. (Letter is attached hereto and hereby made a part hereof) Richard Dasen Jr., 21 wind River Drive, representing Montana Sky Networks, spoke in support of a height variance for their tower stating the tower is not in Alert's flight path. Gerry Stahiberg, 2725 Farm to Market Road, stated he owns the building next door to the Montana Sky cell tower and he's concerned with the height extension with two or three foot diameter disks at the top. He asked Council to give careful consideration of the tower and the problems the extension may cause. Fred Webber, owner of Montana Sky Networks, 1286 Burns way, passed out photos of the Alert helipad and the tower, stating there will be small antennas on the tower that are certainly not three feet. He insisted the tower will not interfere with the helicopter. Chris Galloway, 353 5th Avenue East, Skyline Digital, spoke in favor of the cell tower clarifying that the dishes will be 18 to 24 inches in diameter. Kalispell City Council Minutes August 6, 2007 Page ? George Taylor, chief pilot for Alert, stated the cell tower location is not a problem for them; their flight path is along the highway. Hubert Turner, 1053 Stillwater Road, manager of Ashley Heights LLC, gave some history of the proposed project stating it is benign in nature and will not have a significant traffic impact on Sunnyside Drive. He said these will be large lots in an R-2 development and they have taken all comments into consideration. Narda Wilson, Columbia Falls, representing Mountain Vista Estates Phase 4, thanked staff for their work and stated this is a straightforward subdivision west of town and asked for Council's approval. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E11, CONDITIONAL USE PERMIT — MONTANA SKY NETWORKS Montana Sky Networks is requesting a conditional use permit to increase the height of an existing internet communication tower on property located at 1286 Burns Way. Kenyon moved Council approve the conditional use permit for Montana Sky Networks. The motion was seconded. Patrick explained that even if Council approves the conditional use permit, Montana Sky Networks still has to comply with FAA regulations concerning impacts prior to receiving a building permit. Johnson gave a staff report and answered questions. Olson commented it just seems ridiculous to make something higher that's in the path of a helicopter. The motion carried upon vote with Atkinson, Hafferman, Kenyon, Kluesner, Larson, and Saverud voting in favor, Olson and Mayor Kennedy voting against, and Gabriel absent. EIZ. PR..ESENTATION -- ANNExATION BONING WITH PIJD OVERLAY & PRELIMINARY PLAT -- STALLING SUBDIVISION This is a request by the Aspen Group for annexation, zoning with a PUD overlay, and Phase 1 preliminary plat approval for a 640 acre project encompassing all of Section 35. Conrad gave a staff report, addressed some of the public's concerns, explained some of the conditions, and answered questions. There was discussion regarding water rights, the use of surface water for irrigation, and the Possibility of developing one or more water wells on the site. There was also discussion concerning the homeowners' association and the suggestion that the land dedicated to the school district be placed in a community land trust if the school district decides it doesn't want it. Kalispell City Council Minutes August 6, 2007 Page 3 Hafferman said this is a good location and an R-3 with a PUD is appropriate for the area. Atkinson stated he likes the idea of a community land trust, but the City doesn't have anything in place to make that happen. He commented that he appreciated Hilton's comments earlier, but in order to look at the big picture we need to look at density. He said we can't keep costs down if we spread out too much and he reminded the public that each phase will have to come back for Council approval. Kenyon and Saverud commented they would like to see the school land, if rejected by the school district, revert to the City. Olson agreed that the issue of the school land should be "tied down" and he agreed with Atkinson that density is the whole picture. He stated traffic is everyone's problem, but emphasized that 6000 cars will not be dropped on the roads tomorrow and by the time this project is built out the roads will hopefully be improved. E/3. RESOLUTION 5216 -- ANNEXATION -- STARLING SUBDIVISION The property proposed for annexation is bounded on the east by Stillwater Road, south by Four Mile Drive, west by Spring Creek Road, and north by West Reserve Drive. Saverud moved Resolution 5216, 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 as all of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Starling; Addition No. 396; to zone said property in accordance with the Kalispell zoning Ordinance, and to declare an effective date. The motion was seconded, There was discussion on the differences between R-2 and R-3 zoning designations and what is appropriate for this area. The motion carried unanimously upon roll call vote with Gabriel absent. E/4. ORDINANCE 1618 INITIAL ZONING WITH PUD OVERLAY — STARLING SUBDIVISION --1ST I?,EADING The Aspen Group is requesting an initial zoning designation of R-3 with a Planned Unit Development overlay on the above mentioned property. Atkinson moved first reading of Ordinance 1618, 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 all of Section 35, Township 29 North, Range 22 West, Flathead County, Montana (previously zoned County AG-80, Agricultural) to Kalispell City Council Minutes August 6, 2007 Page 4 City R.-3 (Urban Single 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. Atkinson remarked that he sees the R-3 as an advantage to the City; it gives us the option to allow for more density if the valley needs it in order to keep open land. Kenyon moved that the last sentence of Condition #f be changed to read, "The 15 acre school site land reservation in the area of B11 as shown on the PUI3 plan shall revert to the City for a community land trust if no land dedication plan is submitted by the school district." The motion was seconded. Harball noted that cities are not allowed to require developers to pay extra for schools. He said in this case, the developer is offering land to the school district because they heard there is a need. Harball said he's concerned that if the City starts changing the conditions, then the City is changing the offering and it then becomes a subject for litigation. Atkinson stated he feels community land trust is something for the future, but the City is pushing too hard right now because there is nothing in place. He added, however, that he would like to put future developers on notice that it is corning. Olson said he can't vote in favor of the motion because he believes the developer will find a way to make sure the land goes to the school or a land trust. Saverud commented it is obvious that the developer is attempting to support the schools, but he is concerned about the time limit. Mayor Kennedy asked Greg Stratton to comment on the amendment. Stratton said they have met with the school district and the chance of them not accepting the land is remote. He added if the time frame is a concern, they are willing to waive that. Kenyan withdrew his motion. The second concurred. Saverud moved to remove the wording, "prior to final plat approval of the third phase", from Condition #6. The motion was seconded. There was no discussion. The amendment carried unanimously upon vote. Larson moved to amend Condition #5 to read, "The traffic impact study for the project site shall be reviewed and approved by the Public works Department and City Council and where appropriate, the Montana Department of Transportation in order to determine the appropriate mitigation as each phase of the project develops. The traffic impact study shall be Kalispell City Council Minutes August 6, 2007 Page 5 updated for each phase of the development and submitted as part of the preliminary plat application. The Public Works Department may waive the required update to the traffic impact study ft+ tlhei . d kor-at:an with pity council consent. The motion was seconded. ■ with ■ r.. nr niri nnninmil. The amendment carried upon vote with Hafferman, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Atkinson voting against, and Gabriel absent. The main motion, as amended twice, carried unanimously upon roll call vote with Gabriel absent. E15. RESOLUTION 5217 -- PRELIMINARY PLAT -- STARLING SUBDIVISION PRASE 1 The Aspen Group is also requesting preliminary plat approval for 236 lots on a 63.3 acre portion of the 640 W acre project site. Atkinson moved Resolution 5217, a resolution conditionally approving the preliminary plat of Starling Subdivision Phase 1, more particularly described as Lots 1-236 in the northeast corner of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Hafferman said he does not agree with a number of the deviations and he believes safety is being compromised on lots 15 through 46 with the dead end alleys. He stated he will be voting no for that reason, and suggested a condition that Adams Drive he signed "No Overnight Parking" Kluesner moved Adams Drive and Adams Alley be signed "No overnight Parking". The motion was seconded. Jentz explained there will be an off-street parking lot for overflow parking on Adams Drive, which will be a standard City street.. He said Adams Alley will be marked "No Parking." Kluesner withdrew his motion. The second concurred. Mayor Kennedy commented this subdivision has done an excellent job of filling the community's needs by setting aside land for the school and working with Habitat for Humanity. The main motion carried upon roll call vote with Atkinson, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against and Gabriel absent. E/6. PRESENTATION —ANNEXATION, ZONING &PRELIMINARY PLAT—ASHLEY HEIGHTS, LLC This is a request by Ashley Heights, LLC for annexation and zoning of approximately eight and a half acres located on the south side of Sunnyside Drive. Conrad gave a staff report and answered questions. Kalispell City Council Minutes August 6, 2007 Page 6 There was discussion concerning the recommendation that a 60wfoot public road and utility easement be placed on the southern portion of lot 3. Olson stated he j ust can't put any more traffic on Sunnyside until Sunnyside improved. Hafferman commented the traffic on Sunnyside will be taken care of when the bypass is complete. He complimented the developer on what he considers some of the best Covenants, Conditions, and Restrictions that he has seen and he feels the subdivision could be beneficial to the area. Atkinson said he is not interested in cash in lieu and he is disappointed to see such a small park in the area. Saverud said he understands the Council's frustration with the traffic on Sunnyside, but quoted the traffic impact study that notes "it would have little impact". There was discussion concerning bypass noise mitigation. E17. RESOLUTION 5218 — ANNEXATION -- ASHLEY HEIGHTS LLC The property proposed for annexation extends between Sunnyside Drive and Bismarck Street with the proposed Highway 93 Bypass serving as the western boundary. Larson moved Resolution 5218, 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 as a portion of Tract to lying within Government Lot 1 in the Northwest Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Ashley Heights Addition No. 391; 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 Gabriel absent. EIS. ORDINANCE 1619 — INITIAL ZONING — ASHLEY HEIGHTS LLC — 1ST READING Ashley Heights, LLC is requesting a zoning designation of Rµ2, Single Family Residential on the above mentioned property. Saverud moved first reading of Ordinance 1619, 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 a portion of Tract to lying within Government Lot 1 in the Northwest Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 Kalispell City Council Minutes August 6, 2007 Page 7 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential) 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. Mayor Kennedy stated she really appreciates that the developer listened to the Council and the Planning Board and changed the request from an R-4 to an R-2. The motion carried unanimously upon roll call vote with Gabriel absent. E19. RESOLUTION 5219 -- PRELIMINARY PLAT -- ASHLEY HEIGHTS LLC Ashley Heights, LLC is also requesting preliminary plat approval to create a 26-lot residential subdivision on the above mentioned property. Atkinson moved Resolution 5219, a resolution conditionally approving the preliminary plat of Ashley Heights, more particularly described as a portion of Tract to lying within Government Lot 1 in the Northwest Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. There was discussion about diverting traffic off Sunnyside and onto Bismark. Kluesner said the way to handle the traffic problem is for the Council to step up and fix Sunnyside now, before the bypass is done. Mayor Kennedy offered a friendly amendment to Condition #4 to read, "The proposed mitigation measures contained in the noise study shall be reviewed and approved by city staff and implemented by the develo er prior to final plat approval". There was no objection. Hafferman moved that Condition #10 be deleted. The motion was seconded. (Condition #10 reads: "An additional 50-foot wide public road and utility easement shall be dedicated tot eh City of Kalispell on the south end of lot 3 from the edge of the road right-of-way of the internal city street east to the eastern boundary of the subdivision site") There was discussion concerning the easement and Conrad answered questions. The motion failed on a tie vote with Hafferman, Larson, Kenyon, and Kluesner voting in favor, Atkinson, Olson, Saverud, and Mayor Kennedy voting against, and Gabriel absent. There was no further discussion. The main motion, with the friendly amendment, carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, Kenyon and Olson voting against, and Gabriel absent. Kalispell City Council Minutes August 6, 2007 Page 8 E11o. PRESENTATION — ANNEXATION,ZONING & PRELIMINARY PLAT — MOUNTAIN VISTA ESTATES PHASE 4 This is a request by Touchstone, LLC for annexation and zoning of approximately 7.6 acres on the north side of Three Mile Drive. Johnson gave a staff report and answered questions. Elll. RESOLUTION 5220 — ANNEXATION — MOUNTAIN VISTA ESTATES PHASE 4 The property proposed for annexation is located approximately one-half mile west of Stillwater Road, abutting the easterly boundary of Mountain Vista Estates Phase 1. Atkinson moved Resolution 5220, 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 as Assessor's Tracts 1BFA in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Touchstone, LLC/Mountain Vista Phase 4 Addition No. 395, 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 Gabriel absent. E/12. ORDINANCE 1620 — INITIAL ZONING -- MOUNTAIN VISTA ESTATES PHASE 4 — 1ST READING Touchstone, LLC is requesting a zoning designation of R-3, Urban Single Family Residential, on the above mentioned property. Kenyon moved first reading of ordinance 1620, 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 Assessor's Tracts 1BFA in Section 2, Township 28 North, Range 22 West, Flathead County, Montana (previously zoned County 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. The motion carried unanimously upon roll call vote with Gabriel absent. Kalispell City Council Minutes August 6, 2007 Page 9 E113. RESOLUTION 5221 — PRELIMINARY PLAT — MOUNTAIN VISTA ESTATES PHASE 4 Touchstone, LLC is also requesting preliminary plat approval to create a 19-lot residential subdivision on the above mentioned property. Larson moved Resolution 5221, a resolution conditionally approving the preliminary plat of Mountain Vista Estates Phase 4 Subdivision, more particularly described as Assessor's Tracts IBFA in Section 2, Township 28 North, Range 22 West, F.M.M., Flathead County, Montana. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel absent. E/14. PRESENTATION — ANNEXATION AND ZONING — CRAIG-CRAIG RENTALS LLC This is a request for annexation and initial zoning of approximately 1.3 acres located on the west side of US Highway 93, South. Johnson gave a staff report and answered questions. Olson commented he feels this is great infill. E115. RESOLUTION 5222 --- ANNEXATION — CRAIG-CRAIG RENTALS LLC The property proposed for annexation is located on the southern end of Kalispell" s commercial and industrial entrance corridor approximately three-quarters of a mile south of Kelly Road. Kenyon moved Resolution 5222, 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 as Assessor's Tracts 5CC and 5CCD in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Craig -Craig Addition No. 397; 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 Gabriel absent. EI16. ORDINANCE 1621 -- INITIAL ZONING — CRAIG-CRAIG RENTALS -- 1ST READING Craig -Craig Rentals, LLC is requesting a zoning designation of B-2, General Business, on the above mentioned property. Kalispell City Council Minutes August 6, 2007 Page 10 Atkinson moved first reading of ordinance 1621, 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 Assessor's Tracts 5CC and SCCD in Section 20, Township 28 North, Range 21 West, Flathead County, Montana (previously zoned County I-1, Light Industrial) to City B-2 (General 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 Gabriel absent. E117. FINAL PLAT _ WESTVIEW BUSINESS CENTER NO.2 This is a request for final plat approval of Westview Business Center No. 2 which would create three lots from two existing lots that were part of the original commercial subdivision located on the east side of North Meridian Road. Larson moved Council accept the subdivision improvement agreement and approve the final plat for Westview Business Center No. 2. The motion was seconded. Johnson gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Gabriel absent. EI18. FINAL PLAT -- NORTHLAND SUBDIVISION PHASE 3 This is a request for final plat approval of Northland Subdivision Phase 3, a 25-lot residential subdivision and one acre homeowners' park on approximately nine acres located to the west of Northridge Subdivision and north of Meadowland Subdivision. Kenyon moved Council accept the subdivision improvement agreement and approve the final plat for Northland Subdivision Phase 3. The motion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Gabriel absent. F. MAYO COUNCIL CITY MANAGER'S REPORTS o Action Olson asked for a work session regarding noise mitigation on the bypass and a work session regarding street signage. Kalispell City Council Minutes August b, 2007 Page 11 Iluesner asked that East Side Brick be looked into. Atkinson requested a work session regarding 93 South access. Patrick thanked the planning; board for all of their effort regarding the many subdivisions we have seen recently. Patrick gave an update on the Meridian Road petroleum leak. Patrick announced that police officers Nathan Vannoy, David Thomason, and Steve Hoover, and dispatcher Angela Koch were recognized for acts of valor for an incident Thanksgiving day. Patrick thanked School District 5 for letting the City use Glacier High School and 75 students for a simulated hostage training exercise. G. ADJOURN The meeting was adjourned at 11:30 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes August 6, 2007 Page 12 Mayor Kennedy and City Council Members, My name is Marc Nevas and I live at 1475 west Deserve Drive directly north of the Property. A recent newspaper article in the Flathead Beacon entitled "How to Fell a Development, the Unstoppable Starling" Tom Jentz stated "Neighbors either support the project or they come unglued,". At the July 16 meeting, many nearby residents spoke in support of Starling while, as Jentz added, there were "precious few pretesting." I believe that saying those who do not support a project are "unglued" is an unfair and unkind representation of citizens who care enough about our community to come out and speak on platters in front of you whether they be in favor or apposed. And I would refer you to your own "Princlples For Ovif Dialogue" adopted by this Council just this last February. Particularly applicable are the principles "we respect diverse opinions as a means to find solutions based on common ground," and "we encourage and value broad community participation." I do not support the application as it is in front of you without some modifications based on community opinion and I have shown up here repeatedly in your council chambers to tell you that. Does that mean I have become unglued or does it mean that I believe in public process? Apparently as I am the most vocal opponent, some interpret my public interest and discussion as becoming unglued. I do not. I have three paints for your consideration this evening. First, at your previous meeting regarding Starling there was a great amount of confusion regarding the type of zone necessary to build 4.7 units per acre as you have in the application in front of you. If I recall correctly you were told by staff that an R--3 is necessary. Mere is a copy of page 63 of your zoning regulations and in the table in section 4a is a table that states that in an R-2 district 5 dwelling units an acre are permissible within a Residential PUD. This being the case one can only ask why is a zoning change from R- 2 to R-3 is being requested and therefore is there any reason to grant it? The only reason I can see to granting an R-3 is to make a modification for more density in the future less complex and easier to accomplish. It is something previously hidden *n this very complex application now brought to light. So I ask again, what is the reason for requesting an R-3 zone at this time when. an R2 is sufficient? The second point is that 30 acres of additional parkland is needed but it is not shown on the PID master plan. where will it go? will it be built sooner or later? 30 Acres of additional park will require some significant shifting or elements of the plan. where and how Will it happen? Igo you care to know? I do. The third element is a big one. where is the written evaluation of the traffic study? why are you not insisting on it and why oh why are you willing to waive updates to the study that that were recommended by the developer's traffic engineer? Traffic will be the number one problem in Kalispell. We should be planning for it and providing for the future, not waiving the valuable information we can glean by traffic study updates. Finally much has been said regarding the developers willingness to meet with the neighbors. The Beacon stated that the Aspen group has been praised for "engaging the community surrounding Starling in a. lengthy and thorough public comment process." please let me set the record straight. Aspen group did not meet with the neighbors until after they had obtained approval from the planning board. They were asked to meet with us by the chairman of the Planning board before the public hearing but as was reported in the papers, they chose not to. After the first hearing with the city council they met with us, but the developer refused to address our greatest concerns, the location of significant commercial nest to rural residential and location of densest residential development adjacent to rural residential. Mayor Kennedy and City Council members, if you are at all concerned about controlling and guiding the growth in the Flathead valley and to have a project designed to the best interests of the community at large than we request that: 1. Do not grant unneeded and unnecessary zone changes, specifically R.-2 to R--3 2. Insist on a PUD Master Plan that shows the location of all 90 acres of park and a timetable of when the parks will be completed by 3. Do not waive the recommended updates to the traffic study. Also see that the traffic study takes into consideration the increase in background traffic. In closing, we of the "precious few" have put much time, money and effort into assisting you and the City of Kalispell to have not only our input but the input of a professional planner to consider in your approval process. It has not been an encouraging process and our experience leads myself and the others to believe that though your goals for engaging and listening to public input are noble, in practice respect for diverse opinions, and encouraging and valuing broad community participation has not been evident during the approval process of the starling Subdivision. I await with anxious anticipation that by your actions tonight you may prove my conclusions... to be wrong. .:'..:.... �'..:...:..'......' Ci.::. ...: .�.�::;... : ..�..�.:...ty of ..............�.........: ..... .��... ... ..:.....:. 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I . . . . . lire .: �:::: .�. �.-� . .::�. �.. - ...: ........ a .. . ......... .......... djace-.................-:.. �...-.�...... .... . . . nt to As�le.. y� heights proposed s.� ubdivision... ..... � .�.-.:... ::..... . h4..: :.. � . ... . . . ... ::............................ .... .. . ... ... : �for:�: the re:: co:. ..�...:��.:rd::. ..... ... . .... .. .. .. .... . . . . . . .., each o.................. ... . . . . . � yc�u need to l�now tbat I have never received. . notice from�.. .. . .. . . . .. . :anyon�.:�..: ..: . . e -:.- . �:.'.�''...'�-.. ...� �. �::.�...'�......�.. t...:..:..�.. . . .. .�� .: ...:...... . �.- . . ....... .. .... . h. . . . . . . . . . ... . at . . . there :w.............................:...:. .. . ... .. . . . as to b. .e a d. .. . .evetc�pm+. . . . ...:.. . . ...��: � �: ......: . :. .:...:. . .�. . ..: . ... n........ t .......�: .......::::.:..:.::....:�.:....�.:....� �.�adjace:.:.:: :n. .t to . ....:...... %..: ..... .m.� �y pra. .pe�'t........ y. .... - . . ........:.......�.: .... ....�-..�..:..:: ..:.. �..:........� ... . � . . ..... .�.:..�:::..:..:::...................... ...:.-..� . �...''.......... .............�-. . .... ..� ...... . ... � . . ......... .. . . . . . � .:.:... �..: .�..:.. . ..... .......... .............. .. . ...:. .. 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Cowl . �::C.. ..o. �.- .:....::..::::.:-.�: ........ rp.. reques.............: - .... ..te.. ...: - - d to .. .. � .. . . ..: d:: �:. ... .� ....:.:..:.�.::. e- .v7. : . . . elo.............. ....... ..p�.. .... . .... . ... S.. unn...::.::....... y.. .. .. . . �ide .��..... Sub. ......divis... . ion,acijacent to the East of my... . . .. ........ prope:. . . rty. It was .. . . imp .. .....ossibl-:..... .e to lea..... .......rn:�� ... agi. . n. . . . g .� �: . ... at all .... ..�: . .ab.. ...� ..::�:...::�:�::�.� ��......::.:......out vuhat was to :� happen ....Q�..... . my pr�per�y line by that d: :..evel: �::o... �.per. 'gh. �..at prope.......... .... rty w:.:.. ..:. ....... .. as a .. nn........ exed and zt�ned that very night. I - ha. . . . d no t. -im�:. -�e fo.. r.. .......::-.: �-::. � ........ . . any . - comme... .nt .. . . . .. . Are nol the city re... . gr�lcctic��s a� lc � i� cr�� rrrp�r-t� � et �I t�l�c.. ��t s ft�t�r�;c��a�rrr�sc� �� ifs ...... ..... mett�be�s of'this ct�nimt�trrt}�'�. I.. n ... . .ape. .. .x cities . . and �ta�es, plan��. . . . ng. . . . .. bo.��-� ...... ards and cc�u�. .....c�. .is demand aid get s .: �.... .gnage up : .:�so.:....:.. . . ... ... .... a.. dja. . . c:.:.:.:--7.:..�.... - .. ent ...... propert....y:.....: ow. ..n.... ers ...... a..... . ... s ........ v..: . v+�ll as th. .e e. . nti.. .re n...eigh....bo.. .::..::.. .r:...... hood area kno. :-w what i. .s:. ...-.:............ ...plann. .........: �:��. .e- ...d. . a.. . ........... . n. -:: . d . � w. . ..... h�.: � � ere . .. t.. : . o get d... . . e. . tail..... .� s of the pro..... p�. .: .ose... . .. d . . pr�....:.....:.................... .....oj" .... ect, a: ...:. s well ..:... ....... a. �:.. ........ . .s dates, times.. a.... nd l. .oc� �:.arions of.. . meetings:. . to.. `be held vu.. h ch give any..... an. .c all w... ho may l�;... ... affected. �� the develvpm�nt . . in..�.... : � ... . . questio.. n, �.... ... th..... .....e a. -.:gport. .unit� to voic.. e th�: ..: . .eir interest anc� o.... . ...puv... . c�ns... . . ... of the proj. . e. .ct. S . ...gnage... . a1lc�w..�:. . : .... . .... . �: ..:. ...s u:::. . .:.. �..� w. -s end c��... . . ... ... �. ....:...........ti�ns�.. ..: ..... . . ... .. . . . from :.:-: the later populatio.- �.n,. ...... a� t�... . - ... w.: .. . ... ........ hat is . . be... ..st:� . . f.�. .�� ... .... the... . . ......: . . . :....�.:...:.::.:.. � � ...: -�. �. - . - ... � �.'.'.: �:. .. � . � ......:.:...... co ... ...�...... ..: ..........: . ... .... ... . . mmunity the a,�ct..:- �s reques a�. .... .�.:: g- - ... � �c4�e �r... park o.. f .....:.. ..........�........... .:...::..'.. ::: �::...... .... . ::�...-:.�.��-..: . Why aye �e�etc��e�rs sty s�cre �s+�e.°�t(� t�ie�r ��-.. ...:....:...€�� j ets ��rer� �t �c�. � , � t€� the i�z�nedia�e car rr: i�t;} t��3 ��crttt to txrnue into. I..: ........ . . �.�.-:. �. do � : .. .not un... .... derstand wh... :.:..:.�.: ... . ..y deve. . ..l.......................... ..... .....:.- . .o.. pers can�c�:. t ta1l. . %� .��:...:�: . . . .abou.. ..t their .� pla- ................. .ns .. .wit....... :::��.-:. .:.:h the�::. . ... �.. ..:...e. .::..::.. ...sta............. .:..bli..... .shed.............. .. ..... . com. ...m�...�.�.-�:: - uni... t. .y .. . . �� m�mb�. ..rs .. ... as v�e.......... ll... ...:.. .... . . .. . . . as : .... .�� - ..... . ctyr plan. .ners.�:..� ....... ,before major actyon- . s` are va... te.. cl upon.:::� .�:: :..... . . . .. . by... .... : . #1�e. . ..... _�..: cit...........:.........:........... y. .. . .. . ...: - .. . . pla....... nners . ..aid .... .... ..:.....�.... ............ -unci�s ..... ... on a... ..nnexatibf�..=..... ..... .... ... .d zoning. I would �:. .� - t.....::: :.:::::.::� .........hey would vivant to b.. . ........... .:.... e. .co ..... m...�. ...e an intri...cate part of the .. co:...� .... . mmu... nit...... . y in plac........ .... ... e and h.... ave that co. ....:-,:..mm: �. .. .... ...... ��'unit. . . .y in favor )�iffi.. th.. �. ...... :.... e.. ...m; t. .:.hi.:: ....n mast a� pr. .flp�rty ow....ners w. .�u�d .. .�rork as a t. ....eams. . . .: . in �n. .al.. . .�ing a ......:...........:.-�:��. ...be... tt. ... .e.:� �.... .r .. ....... com. .. .:... . . . mun... :: �:it. .. ... . .. ..y..... a.... � :.. ..� .... . ....... . ... .. ... . . . . . .. ... n........ . .. . ............... d . . . city. . . for.:. . . all. Plus.... -; time ... wou... ... ....: ... . . . . ...::.:.:...-%- . ........ . . ld be save. . . .. . d . . .....: �fo..� �r ev: ... eryone in... volve. . . . . d.....�.�........:.:.-:..: ...:..-...--.:.:: .....................:.::. .: � �::. ........- ..... ... - �::.:::::. . . .. . . .S'eenas the hig haste to ��1 a " �''c�.� " br�a}es c%��°n tv a bid w�°te_i�� the Ir�ta� ern. .How many people in Kali. . s.. ..pell's establishedcom. .: munities are' financiall....:. -. . .�.y injured . . .b- . y th. : :e l.. a�..: - � . c. . k .... ..... of co...... .nsid .... .era:::�. -ti..... � . . on b. . � ....... .... th.........-:��: -+�...: . . .... deve.. lop..........:.... .....er..... s........... ................ and � ..�-.. . . ...planners ..... in their ha.:-.� :....ste to .� �� -� � � � .�.:.:.. . .:.:.:-::::-::':�.. .......:. .�:..get`.... . th:.. ...:eir .. way... :. . "�Y{cat d�er-e�tce is it try t1�e �stahlEs�a�>c� car ��ut�i� � tat ? �'€rtr t I ��itTt ra�� '€��e�y' �v�at 1 ��c��rt� ,;