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1. Council Minutes - Regular Meeting - July 2, 2007A REGULAR MEETING OF THE IKALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M,, MONDAY, JULY 2, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTA.NA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TINT KLUESNER, HANK. OLSON, DUANE LARSON, AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa white, Police Chief Roger Nasset, Public Works Director Jim Hansz, Fire Chief Randy Brodehl, Parks Director Mike Baker, Municipal Court Judge Heidi Ulbricht, Planning Director Torn Jentz, Senior Planner Sean Conrad, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A, AGENDA APPROVAL Atkinson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with all members present. B. CONSENT AGENDA APPROVAL 1. Council Minutes -- Re tar Meeting — June 18, 2007 2. Award Bid — 2007 Pavement Overlay Project Two bids were received for pavement maintenance of City streets. LHC bid $110,374.26 and Schellinger Construction submitted a bid of $141,049.90. Staff is recommending the contract be awarded to LHC of Kalispell. 3. Award Bid --- Water Supply,.and Story e Project — Schedules 1 and 2 Bids for this project were opened on June 21. Staff is recommending conditional award of the Upper Zone Water Supply and Storage Project Schedule 1 to DYK, Inc. of San Diego in the amount of $2,549,200.00 and the conditional award of Schedule 2 to LHC, Inc. in the amount of $1,155,317.05. Atkinson moved approval of the Consent Agenda. The motion was seconded. Kluesner moved to amend the Consent Agenda by removing items B/2 and B/3 and placing them on the main agenda as items E/10 and E/ll respectively. The motion was seconded. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, Olson, and Saverud voting in favor, and Mayor Kennedy voting against. There was no further discussion. Kalispell City Council Minutes July 2, ?007 Page 1 The main motion as amended carried unanimously upon vote with all members present, C. STUDENT ISSUES None. D, PUBLIC COMMENT Brandon Grieve, 1826 Bluestone Drive, informed the Council that he lives in Stratford Village and they need street lights that work because there are a lot of children in the neighborhood. He said the street lights are the Homeowners Association's responsibility, however, there is no association because the subdivision seems to be in a constant state of turnover. Grieve said there is a switch next to the sub meter on his house labeled street light and he can actually control whether the light is on or off, adding he feels 75% of the neighborhood has turned the lights off so they do not have to pay the bill. He said something is amiss in the neighborhood and asked for help from the Council. Bob Horne, whitefish, Applied Communications, presented a letter from N. 93 Concerned Citizens and stated annexing Valley Ranch without a PUD overlay is creating entitlement with no control. He said the residents of Ponderosa are asking that if there is no PUD, then annex this as R-1 instead of R-2 and let there work with the developer. (Letter is attached and by this reference is made a part of the official record) Sharon DeMeester, 41.5 Chestnut Drive, said the neighbors are very concerned with the Valley Ranch proposal and they have offered to work with the planners and participate in developing a project that everyone can be happy with. She stated she recently visited Anacortes and the neighborhood her niece lives in is high density but very well planned, not just a cookie cutter development. Mayre Flowers, Citizens for Better Flathead, spoke in opposition to the straight zoning designations for both Valley Ranch and Flathead Village Greens. She commented that the City is losing a lot of its flexibility and design potential without a PUD and asked the Council to reject the annexation and adopt findings that state the City is going to encourage quality development and ask them to come back with a PUD. Eric Mulcahy, Sands Surveying, representing Flathead Village Greens, stated his clients are asking for a straight R-2 zoning because it recently became apparent that the City's zoning regulations do not allow a Master PUD that is following with a more detailed plan. He assured the Council that the developers will be building a quality development, even without a PUD. Bruce Lutz, Columbia Falls, Valley Ranch developer, stated this has been a long and frustrating process and he has yet to hear any constructive or specific criticism about the plan; it has all been about procedure. Lutz said "you [the Council] have directed growth to the north, you have supported R-2 to the north". and yet there seems to be a total disregard to what the staff is recommending. In addition, he said he takes offense to the public comment that suggested this development is "cookie cutter". Kalispell City Council Minutes July 2, 2007 Page 2 E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. FINAL PLAT —MOUNTAIN VISTA ESTATES PHASE 2 Touchstone, LLC and Marquardt and Marquardt Surveying are requesting final plat approval of Mountain Vista Estates Phase 2 which plats 47 single family lots and 20 townhouse lots on approximately 17 acres located on the north side of Three Mile Drive. Kenyon moved Council accept the subdivision improvement agreement and approve the final plat of Mountain 'Vista Estates Phase 2. The motion was seconded. Jentz gave a staff report and answered questions. There was a discussion concerning Homeowners' Associations and Mayor Kennedy indicated she would ask for a work session to discuss the issue further. The motion carried unanimously upon vote with all members present. E/2. RESOLUTION 5210 —TREATMENT COURT FEES Resolution 5210 allows the Municipal Judge to set fees not to exceed $25.00 per week for participating in the drug and alcohol treatment court. Larson moved Resolution 5210, a resolution establishing authority for the Kalispell Municipal Treatment Court to set reasonable fees for participants enrolled in the treatment program, accept program donations, and declaring an effective date. The motion was seconded. Ulbricht gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with all members present, E/3. RESOLUTION 5208 -ANNEXATION —GATEWAY PROPERTIES. LLC —VALLEY RANCH Gateway Properties, Inc. is requesting annexation of approximately 81 acres located one and a half miles north of the intersection of Highway 93 and West Reserve Drive. Resolution 5208 was tabled at the June 4 meeting. Atkinson moved to remove Resolution 5208 from the table. The motion was seconded. The motion carried unanimously upon vote with all members present. Conrad gave a staff report and answered questions. Kalispell City Council Minutes July 2, 2007 Page 3 Hafferman stated this neighborhood will eventually be developed and R-2 zoning is the minimum size that would pay for itself; R-1 does not. He said he is in favor of annexation and the R-2 zone, but he would like to see the developer return with a request for a PUD overlay after working with the existing neighborhood to provide an orderly transition from a County development to a City development with meaningful declarations and covenants. Kenyon asked for an explanation as to the relationship between the growth policy and the zoning ordinance. Jentz clarified the growth policy is a policy document, not a zoning document; they are separate and not interrelated. He said even though the zoning ordinance and growth policy contain similar names, there is no relationship. Atkinson commented that Council set a precedent when it tabled Valley Ranch because of an incomplete PUD and now it looks like the development community is hesitant to bring PUD's forward. He said he would still like to see a PUD on this property, but he feels Council should move forward with the annexation and zoning. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Olson, Saverud and Mayor Kennedy voting in favor, and Kenyon voting against, E14. ORDINANCE 1615 — INITIAL ZONING — VALLEY RANCH —1ST READING - Gateway Properties, LLC is requesting a zoning designation of City R-2, Single Family Residential, on the above mentioned property. Atkinson mowed first reading of ordinance 1615, 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 Tract 2, Tract 3 and Tract 2BC in Section 19, Township 29 North, Range 21 West, Flathead County, Montana (previously zoned County SAG-10, Suburban Agricultural) 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.. Saverud commented he is sympathetic to Kenyan's remarks that without a PUD we only have assurances that we can hope for, but not require. He said hindsight is 20/20 and maybe the Council should have acted at the last meeting with the R-2 and PUD, but it didn't and he is wondering now if there is any way to get the PUD in place. Patrick stated the City can not require a PUD, it has to be a request from the developer. Larson, echoing Atkinson" s statement, said the developers did a lot of work with the neighbors and made a lot of concessions, yet the Council told them we didn't like it. He said he feels we are sending the wrong signals to developers. Hafferman encouraged the Council to read the PUD requirements, adding the Council did not have all of the information it needed to act on a PUD at the last meeting. Kalispell City Council Minutes July 2, 2007 Page 4 Kluesner said he feels the bar has been raised on developments and he feels the Council shied away form acting at the last meeting because there just wasn't enough information. Gabriel feels the developer has done his due diligence and she doesn't see any reason why the Council wouldn't want to go ahead with the R-2 zoning, adding she is in full support of this project. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Ols0n, Saverud, and Mayor Kennedy voting in favor, and Kenyon voting against. E15. RESOLUTION 5211— ANNEXATION -- FLATHEAD VILLAGE GREENS Flathead Village Greens is requesting annexation of approximately 181 acres located along the west side of Highway 93 immediately north of the intersection of Highway 93 North and wild Pine Drive. Larson moved Resolution 5211, 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 Assessors Tracts 4 and 5 in Section 13 and Assessor's Tract f in Section 24, Township 29 North, Range 22 west, P.M.M., Flathead County, Montana, to be known as Flathead 'Village Greens Addition No. 394; 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 and answered questions. Hafferman commented that subdivision and street names are becoming too similar and it's time the City went with a number system because it is becoming cumbersome for emergency services. Conrad answered Flathead Village Greens is the name of the developer and the subdivision will have a different name when the preliminary plat is presented. He said street names are approved by the Public Works and Fire Departments so that a check and balance is in place. There was further discussion. The motion carried unanimously upon roll call vote with all members present. EI6. ORDINANCE 1616 -- INITIAL ZONING — FLATHEAD VILLAGE GREENS —1 ST READING Flathead Village Greens is requesting a zoning designation of City R-2, Single Family Residential, on the above mentioned property. Saverud moved first reading of Ordinance 1616, 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 4 and 5 in Section 13 and Assessor's Tract 6 in Section 24, Township 29 North, Range 22 west, Flathead County, Montana (previously zoned County AG-40, Agricultural) to City R-2 (Single Family Kalispell City Council Minutes July 2, 2007 Page 5 Residential) in accordance with. the Kalispell Growth Policy 2020, and to provide an effective date. The emotion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. E17. RESOLUTION 5212 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING - GROWTH POLICY AMENDMENT — WAYNE TURNER - WILLOW CREEK Wayne Turner has requested a growth policy amendment on a 30 acre portion of a 1.40 acre site located on the north side of Foys Lake Road one quarter mile west of the current city limits along Meridian Road. Resolution 5212 sets a public hearing on the amendment request for July 16. Larson moved Resolution 5212, a resolution of intention to adapt, revise or reject an amendment to the Kalispell Growth Policy 2020 to amend the designation of property located within Section 13, Township 28 North, Range 22 West, Flathead County, and to call for a public hearing. The motion was seconded. Conrad gave a staff report and answered questions. Hafferman said he doesn't understand why the Council is holding a hearing on this issue when the Planning Board held a hearing on May 8 and voted 5-1 recommending R-3 zoning. He said the Council should scrap this resolution because it is flawed and act on changing the area from Industrial to R-3 at the next meeting. Harball reiterated that even though the names are unfortunately the same, the growth policy and the zoning ordinance are separate documents and both issues need to be handled separately. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Olson voting against. EI8. RESOLUTION 5213 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — GROWTH POLICY AMENDMENT — STILLWATER MEADOWS - STARLINf Stillwater Meadows, LLC has requested a growth policy amendment on Section 35, a 640 acre site bounded on the east by Stillwater Road, south by Four Mile Drive, west by Spring Creek Road, and north by West Reserve Drive. Resolution 5212 sets a public hearing on the amendment request for July 16. Larson moved Resolution 5213, a resolution of intention to adopt, revise or reject an amendment to the Kalispell Growth Policy 2020 to amend the designation of property located in Section 35, Township 29 North, Range 22 West, Flathead County, and to call for a public hearing. The motion was seconded. Kalispell City Council Minutes July Z, 2007 Page 6 Conrad gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with all members present. E/9. REQUEST TO GRANT ONE DAY EXEMPTION TO ALCOHOL ORDINANCE FOR JULY 4TH DEDICATION OF THE VETERAN'S MEMORIAL Patrick explained a request was received to have a beer garden in Depot Park after the dedication for the veteran's Memorial, but the City has an ordinance prohibiting alcohol in City parks. He said Council is being asked to waive the restriction for this event. Olson stated he is opposed because children will be there and he doesn't feel it's necessary. Larson agreed, noting that he has always supported the veterans and financially supported the memorial, however, this exemption will bring forth other worthy requests and this should be a solemn occasion; we don't need the alcohol. No motion was made. E/10. AWARD BID — 2007 PAVEMENT OVERLAY PROTECT (Moved from the Consent Agen ds Larson moved the bid be awarded to LHC in the amount of $110,374,26, The motion was seconded. Hansz answered questions. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Kluesner voting against. E/11. AWARD BID —WATER SUPPLY AND STORAGE PROTECT —SCHEDULES 1 AND 2 (Moved from the Consent Asenda) Larson moved the conditional award of the Upper zone water Supply Schedule 1 be granted to DYK in the amount of $2,549,200.00 and Schedule 2 be granted to LHC, Inc. in the amount of K155,317.05. The motion was seconded. Hansz answered questions. The motion carried unanimously upon vote with all members present. Kalispell City Council Minutes July 2, 2007 Page 7 F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy read a letter from Congressman Denny Rehberg announcing that the Wastewater Treatment Plant has received the 2007 US Environmental Protection Agency Region 8 Clear Water Act Recognition first place award. She also read a letter from DNRC regarding the finalization of a refinanced loan to the City at 3.75 % for water meters. Mayor Kennedy wished the public a safe and happy 4th of July, stating the parade begins at 10:00 followed by the Veteran's Memorial dedication in Depot Park. Olson asked for a work session on water rights. Patrick asked for the public's help in curbing vandalism noting that the new Veteran's Memorial has already been damaged by a skateboarder. G. ADJOURN The meeting was adjourned at 9:41 p.m.. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes July 2, 2007 Page 8