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1. Council Minutes - Regular Meeting - May 21, 2007A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7;00 P.M., MONDAY, MAY 21, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B, KENNEDY PRESIDED. COUNCIL MEMBERS KARI GABRIEL, BOB HAFFERMAN,Y KENYON, TIM KLUESNER, HAND OLSON, DUANE LARSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, Acting City Clerk Judi Funk, Police Chief Roger Nasset, Public Works Director Jim Hansz, Fire Chief Randy Brodehl, Adjutant City Attorney Richard Hickel, Court Administrator Thelma Keys -Nicol, Parks Director Mike Baker, Planning Director Tom Jentz, and Community Development Director Dave Foster. 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 absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Reaular Meetin -- May. 7 2007 2. Proclamation — EmergencyEme1gency Medical Services Week Saverud moved approval of the Consent Agenda. The motion was seconded. Hafferman noted a correction to the minutes at the top of page 9 stating his comment should include that his concern is that Section I states, "That the City of Kalispell shalt annex that property known as Trumbull Creek Crossing....." , not that the subdivision will be a customer of municipal services. There was no objection. There was no further discussion. The motion carried unanimously upon vote with Atkinson absent. C. STUDENT ISSUES None. Kalispell City Council Minutes May 21, 2007 Page 1 D, PUBLIC COMMENT Claire Beaver, 126 4th Avenue East, encouraged the Council to establish a bike path through the downtown area up to the hospital, or possibly to FVCC. Charles Lapp, 3230 Columbia Falls Stage Road, commented on the Parks Master Plan and had some additional questions regarding the funding and why County and State parks are not listed. Johna Morrison, Apec Inc., stated she will be available for questions regarding the Holiday Inn Express final plat. The followin s oke in favor of the Ashley Hei hts annexation and zonine request: Torn Bowen, 50 Spring Mountain Drive, stated he is planning to purchase and build out the Ashley Heights subdivision. He noted there is a difference between affordable housing and low income housing; he wants to build a nice affordable housing subdivision and he needs density to do that. Bowen concluded by saying that families need to make $25.00 an hour in order to afford to buy a house, and these will be nice houses on small lots. Hubert Turner, 1053 Stillwater Road, Ashley Heights LLC manager, distributed a traffic study on Sunnyview and stated this subdivision will have little effect on traffic in the area because it is designated as a collector after the bypass goes in. He said the traffic will not create undue stress on the road, adding they want to provide affordable housing because there is currently no supply. Bret Walcheck, 48 North Engineering, stated they have done a preliminary engineering study of the area and the topography of the site is favorable to storm. water. He said they will be conducting a geotechnical evaluation of the site and there are good infiltration rates. Wayne Turner, 3300 Highway 2 West, explained that in discussions with the fire department, they determined they could create an emergency access only onto Sunnyside and keep the rest of the traffic off of it. The following spoke against the Ashley Heights annexation and zonin request: John Hammett, 1215 Sunnyside Drive, stated he feels traffic on Sunnyside is a very big problem; it is a substandard road with lots of pedestrians and too much traffic. He stated he is against this project because of the density and he is very concerned with safety issues. Dale Pierce, 1050 Ashley Drive, thanked Council for their common sense approach to this issue and asked that upscale homes be built on the property. He stated all the roads leading to Airport Road are substandard and there is too much traffic already. Bridget Pellet, 2034 Ruddy Duck Drive, detailed her water problems and stated they have gotten worse in the last few years. She said there is no storm water system in the neighborhood, water from new subdivisions flows down to her house, and nothing is being done to help her and others with this Kalispell City Council Minutes May 21, 2007 Page 2 problem. She finished by stating there are no sidewalks or curbs in the area, either. Angie Kruckenberg, 1160 Sunnyside Drive, read a letter she wrote criticizing the Council for past development decisions in the area of Ashley Heights, stating the high density has created "horrific traffic problems" with no improvements to Sunnyside Road. She emphasized the area should remain County R-1 which allows one home per acre. David Downey,1125 Sunnyside Drive, stated he is concerned for the safety of the children who go to Petersen School and have to use Sunnyside Drive to get there. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1, ORDINANCE 1607 —ZONING TEXT AMENDMENT —LIVESTOCK WITHIN CITY LIMITS — 2ND READING This ordinance would allow horses in the City based on a standard of one acre minimum of fenced pasture per animal. ordinance 1607 passed on a vote of 7-2 at the May 7 meeting. Larson moved second reading of ordinance 1607, an ordinance amending Kalispell City Ordinance 4-1 permitting horses to be kept within the City under certain conditions and declaring an effective date. The motion was seconded. Hafferman stated he is opposed to bringing the farm into the City and he found it interesting that Fred Hammel suggested in a recent editorial that maybe it is time for the City to disincorporate. Hafferman said the issue with horses is really about annexing Oreenacres and Evergreen. There was no further discussion. The motion carried upon roll call vote with Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman and K.luesner voting against, and Atkinson absent. EI2. RESOLUTION 5199 — 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. Resolution 5199 was tabled at the May 7 meeting. Larson moved to remove Resolution 5199 from the table. The motion was seconded. The motion carried unanimously upon vote with Atkinson absent. Jentz gave a staff report and answered questions, emphasizing the Council is only considering annexation and zoning this evening, not a specific subdivision. Kalispell City Council Minutes May 21, 2007 Page 3 Hafferman said he doesn't understand how the Council can zone the area R-2 when the developer requested an R-4 and paid an application fee for an R-4. He said he does not want to vote for the annexation if the R-2 zone is not acceptable to the developer. Jentz explained the Planning Board has the authority to recommend a zoning designation other than what is requested. Mayor Kennedy added the developer had the opportunity to pull the project, but decided to leave the decision to the Council to determine zoning. Olson said even if the Council approves an R-2 he still has a problem with the road and he would hate to have the developer redesign the project for an R-2 when he doesn't want to allow any more traffic onto Sunnyside. Saverud stated the Turners have made it clear that if the Council is going to zone the property anything other than R-3 or R-4 then they would prefer to pull the application. Kenyon also commented he feels the Council should wait. Mayor Kennedy asked Jentz if the Council should table the matter again to give the Turners time to decide whether they would go forward with an R-2. Jentz said the Turners have indicated they are looking for direction from the Council and would prefer a decision rather than tabling. Larson commented he feels the Turners have dealt with the traffic by commissioning a traffic study that shows no impact, and they have done a preliminary groundwater study. He said he is ready to vote on the annexation now. Kluesner said he doesn't feel a no vote on an annexation means the City never wants this property, it just means the City isn't ready to annex at this time. The motion failed upon roll call vote with Mayor Kennedy voting in favor, Hafferman, Kenyon, Kluesner, Larson, Olson, and Saverud voting against, and Atkinson and Gabriel absent. E13. ORDINANCE 1606 -- INITIAL ZONING -- ASHLEY HEIGHTS LLC --- 1ST READING Ashley Heights, LLC requested a zoning designation of R-4 Two Family Residential on the above mentioned property with staff recommending R-3 Single Family Residential. The Planning Board, however, felt the R-4 and R.-3 zones are too dense and voted to recommend R-2 Single Family zoning. Ordinance 1606 was tabled at the May 7 meeting. NOT ACTED ON Kalispell City Council Minutes May 21, 2007 Page 4 EI4. RESOLUTION 5201 -- RESOLUTION OF INTENT TO ANNEX --- TRUMBULL CREED CROSSING PHASE 1 This resolution expresses the City's intent to annex a portion of Trumbull Creek Crossing Subdivision, formerly known as Kelsey Subdivision. Resolution 5201 was tabled at the May 7 meeting. Larson moved to remove Resolution 5201 from the table. The motion was seconded. The motion carried unanimously upon vote with Atkinson and Gabriel absent. Patrick gave a staff report and answered questions. Hafferman commented on the fact sheet provided by the Evergreen Fire Department and said he wishes the Council had more information like that on all of the City's services when annexations come forward. Patrick clarified that the developer wants to follow our procedures and they will submit their application in a few months. Kluesner stated he would like to see response times for police as well as fire and asked if the project will go through the planning board. Patrick answered it would. Hafferman moved to table Resolution 5201 indefinitely. The motion was seconded. The matron carried unanimously upon roll call vote with Atkinson and Gabriel absent. EIS. RESOLUTION 5202 — PARKS AND RECREATION COMPREHENSIVE MASTER PLAN The master plan addresses park and recreation issues in the Kalispell Planning Area through inventory and analysis, needs assessment, recommendations, and implementation strategy. Kenyon moved Resolution 5202, a resolution to adopt the recommended "Kalispell Parrs and Recreation Comprehensive Master Plan". The motion was seconded. Baker gave a staff report and answered questions. Larson said he feels Lapp had some good concerns and asked that he get his questions answered. Hafferman stated the Master Plan is exactly what we need, however, he doesn't agree with the funding methods and he will vote against any bond issues. He said he also doesn't agree with the six - year plan, but he feels overall the Master Plan is very good. Kalispell City Council Minutes May 21., 2007 Page 5 Olson commented the County parks should remain in the County and not be taken over by the City, adding we are all County residents too and the responsibility of those parks should remain with the County. Mayor Kennedy agreed that County residents do use the City parks, however, she feels the City really prides itself on its neighborhood parks and if it is our citizens that utilize these parks and are paying taxes for the parks then it's the responsibility of the City to make sure they are quality areas. The motion carried unanimously upon roll call vote with Atkinson absent. E16. ORDINANCE 1605 — MUNICIPAL DRUG OR ALCOHOL TREATMENT COURT — 1ST READING Municipal Court is requesting authorization to establish a Drug or Alcohol Treatment Court for the purpose of supervising nonviolent criminal offenders with a history of substance abuse problems. Saverud moved first reading of ordinance 1608, an ordinance authorizing the Kalispell Municipal Court to establish and operate a Municipal Drug or Alcohol Treatment Court, and authorizing the Municipal Court to propose fees for participation, receive grants or donations for operation, and establishing an effective date. The motion was seconded. Hickel gave a staff report and answered questions. Hafferman, Gabriel, and Mayor Kennedy spoke in favor. The motion carried unanimously upon roil call vote with Atkinson absent. E17. ORDINANCE 1609 — VENDING ORDINANCE AMENDMENTS —1ST READING This ordinance addresses commercial services on public ways and updates the permitting process. Kenyon moved first reading of ordinance 1609, an ordinance amending ordinance No.1455 and Kalispell City Code 15-12-1,15-12-3,15-12-5 and 15-12-6 regarding authorized vending within the City of Kalispell and declaring an effective date. The motion was seconded. Baker gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson absent. Kalispell City Council Minutes May 21, 2007 Page 6 E1418. RESOLUTION 5203 — RESOLUTION of INTENT AND CALL FOR PUBLIC HEARING — FLOOR PLAIN ORDINANCE -- IST READING This resolution sets a public hearing for June 4 concerning updates to the floodplain maps presented by Federal Emergency Management Agency and the Montana Department of Natural Resources. Kenyon moved Resolution 5203, a resolution of intent to adopt a new mandated Floodplain Ordinance and Mapping, setting a public hearing and directing the City Clerk to provide notice therefore. The motion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson absent. EJ9. FINAL PLAT -- HOLIDAY INN EXPRESS This is a request for final plat approval of the Holiday Inn Express Subdivision that plats one commercial lot on approximately three and a half acres on the west side of US Highway 93 North near the intersection of West Reserve Drive. Larson moved Council accept the Subdivision Improvement Agreement and approve the final plat for Holiday Inn Express. The motion was seconded. Jentz gave a staff report and answered questions. Gabriel commented it is a very attractive building. There was no further discussion. The motion carried unanimously upon vote with Atkinson absent. E/10. FINAL PLAT — WESTWOOD PARK This is a request for final plat approval of Westwood Park which plats 29 lots on approximately nine acres located at the northern terminus of Corporate Drive northwest of the National Flood Service building. Larson moved Council accept the Subdivision Improvement Agreement and approve the final plat for Westwood Park.. The motion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. Kalispell City Council Minutes May 21, 2007 Page 7 The motion carried unanimously upon vote with Atkinson absent. E/11. RESOLUTION 5204 —AMBULANCE TRANSPORTATION RATE INCREASE Resolution 5204 establishes a four percent increase in the ambulance transportation rates due to significant cost increases in fuel, wages, and supplies. Kenyon moved Resolution 5204, a resolution amending Resolution No. 5086, by revising ambulance rates for the use of the Kalispell Ambulance Service and declaring an effective date. The motion was seconded. Brodehl gave a staff report. Larson noted that in 2005 the Council told the Fire Chief that they wanted routine rate increases rather than the large jump that had to be taken at that time. He said he feels this increase is much needed. The motion carried unanimously upon roll call vote with Atkinson absent, EI12. ORDINANCE 1610 STREET TREE COMMISSION RESIDENCY REQUIREMENTS — 1ST REAMING Ordinance 1610 changes the residency requirements of the Street Tree Commission from City residents only, to citizens residing within the City of Kalispell Growth Policy area. Kenyon moved first reading of ordinance 1610, an ordinance amending ordinance 1086 regarding the composition of the .Kalispell Street Tree Commission and declaring an effective date. The motion was seconded. Baker gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson absent, F. MAYOR/COUNCIL CITY MANAGER'S REPORTS No Action Mayor Kennedy extended condolences from Council and staff to Jirn Atkinson on the loss of his son. Olson asked that final plats, etc. be placed on the agenda at the beginning of the meeting so people don't have to wait so long. Saverud stated he will be out of town on May 28. Kalispell City Council Minutes May 21, 2007 Page 8 Patrick announced he spoke with Jim Atkinson today who thanked Council and the public for their thoughts and prayers. Patrick thanked staff and especially Amy Robertson for help on the budget, adding that the budget is up less than one mill. K. ADJOURN The meeting was adjourned at 9:20 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes May 21, 2007 Page 9