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1. Council Minutes - Regular Meeting - August 7, 2006A REGULAR. MEETING of THE KALISPELL CITY COUNCIL WAS HELD A :oo P.M., MON AY, AUGUST Zoo , IN THE COUNCIL CHAMBERS AT CITY HALL IN KA . ISLE L,, MONTANA. MAYOR PAME A B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM A. K NS N, KARI GABRIEL, BOB HERRON, BOB HA ` ERMAN, BANDY KENY Nq TIM UESNE I, DUANE LARSON, AND 14ANK O SON WERE RE ENT. Also present: City Manager James Patrick, City Attorney Charles Har all, City Clerk Theresa White, Police Chief rank Garner, Finance Director Any Robertson. Planning Director Toni Jentz, Senior Planner Sean Conrad, Parks and Recreation Director Mike Baker, and Recording Secretary Judi Punk. 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 sole. Larson moved to remove Agenda items 1 and 2, Ordinance 15 and ordinance 1580. The motion was seconded. Larson explained additional information is not available yet. The motion carried unanimously upon vote. The main motion as amended carried unanimously upon vote, B. CONSENT AGENDA. APPROVAL Council Minutes — Reg lar Meeting.,— Jul ' 2oo 2. ordinance 1581 — Deggy,Junk Vehicle,and Weeds Abatement Ordinance — 2nd Readin Ordinance 15 8 1 amends the City's current i unk vehicle ordinance, the weed/grass ordinance, and the community deem ordinance. Ordinance 1581 passed on first reading ,duly 17. . 3. Ever een Sever Rates for Fiscal Year 2 -200 Evergreen Sewer st et's PY 2007 gate is based on the City's operational expenses for PY 2006 prorated at the percent of usage based on meter readings at the lift station and the wastewater treatment plant. Larson moved approval of the Consent Agenda. The motion was seconded. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes Aug 7, 2006 Page I C. STUDENT ISSUES Shareen Railings, 2555 KM Ranch Road, whitefish, graduate student, passed out handouts comparing linear strip developments with mixed use commercial and residential developments and she encouraged the Council to adopt language that: will allow the area narned KN-1 in the Growth Policy amendment to develop as a town -center commercial development with a residential emphasis. PUBLIC COMMENT Michael Blend., 104 West Bluegrass, spoke in favor of Resolution 5130, the Cedar Commons preliminary plat. He also seconded what Rawlings said regarding the Growth. Policy amendment. J. Carlson, 2620 Mission Trail, thanked the planning staff, planning; Board, and the Council for fanning to protect our gateways, planning to prevent strip development, and planning to provide for open space, but she s concerned how this community can support the huge amount of commercial that is proposed and asked for an economic impact study. She also asked for a definition o `town center's and "mixed use" and asked for specifics about what is meant by these terns and ghat they allow. Sharon DeMeester, 415 Chestnut Drive, stated that she is concerned with the scale of the commercial development that is planned. She said the North 93 Neighbors are not opposed to some limited commercial ial uses, but would like to see a town center development like that in Helena. D Meester passed out information on the Helena project) She said the group is opposed to the commercial development becoming ing a "dump site" for box stores, etc. and asked that any commercial proposed in KN- l be addressed through a planned unit development agreement. Mary Critchlow, 520 4th Avenue East, stated she is a hoard member of Citizen's for a Better Flathead and said she and the hoard were very discouraged with the editorial in yesterday"s Daily Inter Take written by Bob Herron. She said the spirit of the editor'al, and the personal attacks on .a re Flowers, were not in the spirit of what the community has adopted for civil dialogue, (Critchlow handed out the Principles for Civil Dialogue adopted by the Flathead on the Move) She asked that the Council prevent this type of editorial in the future. Joanne Nieman, 73 5 4th Avenue East, also responded to the editorial, stating she found it irrational to accuse Mare Flowers of having anything; to do with had decisions made by the City Council. She said just because someone expresses an opinion, doesn't make that person responsible for the decisions made. Nieman suggested that the Council take peoples' opinions seriously and think creatively when looking at all the options. Richard Nielson, 'Northern Lights Boulevard, commented that he just cane from his house and the sound on the TV broadcast is "zilch". Diane Yarns, 425 Ponderosa Lane, commenting on the proposed growth policy amendment, said she" s concerned with the transportation impacts and the City's ability to expand its human resources needed to maintain current service standards. Yarns said the City needs facts and sound projections on which roads are going to he impacted by this type of development. As far as human resources, she remarked that businesses all over town are looking for employees and can we provide the work force Kalispell City Council Minutes Aug 7, 2006 'age needed for this development. Suzanne Brown, 15 3 5 Fogs Lake Road, said Highway 9 3 is one of our most dangerous highways and it will become a "malfunction unction junction"' with more commercial. She also commented on the editorial in the paper, stating Citizens for a Better Flathead helps the silent majority express their views. Diane Taylor, 920 3rd Avenue East, Citizens for a Better Flathead board member, commented she is concerned with the implication in the editorial that people should not speak and should just let Council male all the decisions. She stated people should be asking questions in a democracy. Mayre Flowers, 2770 Upper Lost Creek Road, Whitefish, Citizens for a Better Flathead, remarked that the Council should have received approximately 100 cards in the last several days with the majority asking that the growth policy amendment be delayed. She submitted a additional petition with boo signatures asking the Council to table the growth policy amendment, stating it is premature and should be sent back to the Planning Board for additional work. Flowers also provided the Council with a handout summarizing the three resolutions and a series of photographs showing various corridor setbacks around the galley, stating Citizens is in favor of the 100- 15 o foot buffer er zones. Howard Mann, 3154 Farkwood Dane, stated commercial development is inevitable and we need to have a vision for where it goes. He said the proposed boo -acre KN- l is the logical place because o its access onto major thoroughfares and if the City waits five years, Highway ray 93 will end up looking life Highway 2. He urged the Council to approve the amendment and use the leverage of annexation and City services to force developers to mitigate growth. issues. Mann also defended Herron" s editorial. Bob Parker, 6495 Farm to Market Road, commented that Herron's editorial was a "great" article and couldn't understand why someone hasn't written something like this before. He said elected officials are appointed to do the job we ask them to do and he Feels the Council is more than qualified to male good decisions. Mann asked the Council to approve the growth policy amendment and give the younger kids the message that they don't have to l ee the wall ey to find good j obs. . REPOR S R�COMMEN.I ATIONS AND SUBSEQUENT COUNCIL ACTION E I., ORDINANCE 1579 9 — ADDITIONAL STREET ASSESSMENT RATE E CATEGORY IST READING Removed from A n 2. ORDINANCE 1580 ADDITIONAL STORM DRAINAGE ASSESSMENT RATE CATEGORY — IST READING(Removed from Auendal E 3. 'RESOLUTION 5 .29A - RESOLUTION ADOPTING GROWTH POLICY AMENDMENT — OR -� RESOLUTION 5129B RESOLUTION REVISING GROWTH POLICY AMENDMENT oR- RESOLUT N 5I29C RESOLUTION REJECTING GROWTH POLICY AMENDMENT Kalispell City CounciI.Minutes Aug, 2006 Page The proposed amendment to the growth policy would expand the boundaries of the policy northward using the Stillwater river as the westem boundary, Church and Birch Grove Drives as the northern boundary, LaSalle to rose Crossing over to the Flathead river as the eastern boundary, and Reserve Drive as the southern boundary. Herron moved Resolution 5129B, a resolution revising an amendment to the Kalispell Growth Policy 2020, to be known as the Highway 93 North Growth Policy Amendment. The motion was seconded. Patrick gave a staff report. Kenyon asked if there are clear definitions of "out parcels", "mixed use", and "town center". Jentz answered "mixed use" is defined in the Crty's or ginai growth policy; "town centef" is a concentration of commercial as opposed to linear strip and "out parcels" are businesses rotated outside the commercial core in a development. Kenyon commented he's a little wary ofthis terminology being introduced at the last minute., stating he would like the Planning Board to develop a clear definition. of "town center" and "out parcels", Haffennan stated this is a planning document only; the City's jurisdiction is the City limits, and the only time it becomes applicable is when a property owner asks for annexation. He said the question is, "how do we plan for the inevitable growth?"' Hafferrrran said the majority of the comments centered around the boo -acre area designated KN'- 1, and the Glacier Mall, even though no one knows whether the mall will or will not be built. He said it is inevitable we will get more commercial development, but be cannot vote for this unless development in KN- I i s presented in the form of a Planned Unit Development and the setbacks are changed, adding there should be relief for smaller tracts of land. He also said we need assurance from. DECK that Ashley Creek can handle the extra flow. Haffennan asked that a vote be deferred until a Facility Plan update is received, noting this is too important to approve "as is". Larson moved to table Resolution 5129E indefinitely. The o io was seconded. The motion to table failed upon vote with Hafferman, Kenyon, and Larson voting in favor, and Atkinson, Gabriel, Herron, Klnesner, Olson, and Mayor Kennedy voting against. Larson moved that Goal 1, Section 3, i , i), be amended by adding back in the word 64minim m. to read as follows: A minimum 00-150 foot impact area should be provided for major entrances and a 50 foot entrance for nuor entrances." The motion was seconded. Larson remarked this is a "guidance" document and it should be as clear- as possible. He said if the word minimum is included, it adds strength to the "guidance". rerron commented that adding "minimum" is just extra verbiage, it doesn't add anything. The amendment carried upon vote with Atkinson., Kenyon, Klner, Larson., Olson, and Mayor Kennedy voting in favor, and Gabriel, Hafferman, and Herron voting against. Kalispell City Council Minutes Aug 7, 2006 Page Atkinson moved to amend Goal 1, Section 3, by adding 0 stating: "Where smaller parcels cannot meet the setback areas, a PUD will he utilized." The motion was seconded. affer nan stated he will not vote for the amendment because a PUD is not supposed to be used to circumvent our regulations. He said if small tracts want relief, they can seek it through the City Council. Olson agreed with Hafferman. Jentz stated that as a planner he is more comfortable using the THUD process than going before the Council. He said if they come before the Council they are going to bring something that loops a lot like a PUD and he's concerned how the request 1s going to be handled. The amendment carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Kl esner, Larson, and MayorKennedy voting In favour, and Hafferman an and Olson voting agai nst, Larson moved that Goal 1, Section 3, i , i , he amended by adding back in the word "limited"' to read as follows: "Within this impact area, a combination of l ern , landscaping using live materials and trees as well as grass, a pedestrian trail system., limited parking and frontage roads should he incorporated." The motion was seconded. Larson explained that leaving out the word " limited" could open up the door for the setback area to include parking. The amendment carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Kl esner, Larson, Olson and Mayo- Kennedy voting In favor, and Hafferman voting against. Larson moved that Goal 2, Section i, be amended to add back in the following words: "Development ill be mixed use in nature creating an overall integrated neighborhood with a town center as op.posed to a linear strip commercial development front n the Gate a entrances. The motion was seconded. Larson said if we strike this language, then we strike at the heart of the amendment and being opposed to linear strip development. Atkinson agreed, stating he's very concerned with the looks of the highway corridor and if we can make it clear that 1 o- 150 Feet of landscaping is what we're looking for, then we'll provide a level playing field for everyone by not allowing anyone close to the highway. Herron agreed we don't want linear strip development, but he agreed with Kenyon that there is no definition of `"town center" and we really don't know what it is. He stated there are big parcels of land and the most valuable land is that closest to the road mod. Herron said he understands the intent of the motion, but he wishes there was a way to amend it without adding `town center". Larson said if the second agrees, he would be willing to remove the wording `town center". The second (Atkinson) disagreed., stating he is familiar with town centers and he doesn't have any problem with the wording. Kalispell City CounciiMinutes Aug7, 2006 Page Larson withdrew his motion to amend. Larson moved that Goal 2, Section 1, be amended to add the following words: "Development will be mixed use in mature creating an overall integrated neighborhood as o posed to a linear strip commercial development frontin the Gatewav entrances."'The motion was seconded. There was further discussion as to the meaning of "town center". Kl es er commented he feels a town center is an .tegrated neighborhood so he doesn't have any trouble taking out the wording. The amendment carried upon vote it Gabriel, :�affermaan, erro , Dues er, Larson, , Olson, and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against. Larson moved that Goal 2, Section , be amended as follows: "Development In this boo acre site would typically e: a. Up to general commercial, b. Up to 25% office and high densily residential and associated uses c* A minimum of 0% in various residential configurations, d. o % open space uses The motion was seconded. Jentz answered questions. The motion failed upon vote with Atkinson, Kenyon, and Larson voting in favor, and Gabriel, afferman, Herron, Kluesner, Olson, and Mayor Kennedy voting against. Larson moved that Goal . , Section 5, be amended a follows; "Development within the KN- area w' be re ulred to a presented to the : lannlx g Board and the Clt r Council inn the for. of a Planned Unit Development so that the impacts of this development can be planned for and if necessary mitigated through improved design.' The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Kenyon moved to amend the motion by adding a new Goal 3 as follows: "Cooperate with Flathead County In the development of a transfer of development rights (fDR) program. The emphasis should be to provide opportunities to conserve and protect important farmlands, sensitive lands (high ground water, flood plain, wetlands, and critical wildlife habitat) and rural open space-" The motion was seconded. Herron asked if this is the hest place for the amendment and whether it"s proper to add language that hasn't been brought forth by the Planning is Board. . Jentz answered this language would he better if it was placed in the overall growth policy because it would affect the entire community. Kalispell City Council Minutes Aug 7, 2006 Page At the request of Atkinson, Jentz explained how TDRs work. :Mayor Kennedy said she doesn't see any harp in placing the amendment in this document. Jentz concurred Kl esner said he feels TDRs should be looked at down the road, but not now. Gabriel said she supports the idea of TDRs, but she doesn't feels the amendment would be enforceable in this particular document. Hafferman said he won't vote for the amendment because it doesn't hale sense. If a certain density is proper for are area, then zone it that way up front. The motion carried upon vote with Atkinson, Herron, Kenyon, yon, Olson, and Mayor Kennedy voting in favor, and Gabriel, Hafferman, Kluesner, and Larson voting against. There was discussion conceming out parcels. 01 son commented we don "t have 5 0 acres in the City to b i Id a big development. He said the people are coming, either in the County or the City, and he'd rather see them in the City tohelp pay for infrastructure. He said we cap."t stop growth, all we can try to do is control it, and this is a plan that will get us going. Atkinson congratulated the planning; staff and the Planning Board for the "Herculean" lean" ob they have done,, and he thanked the public for thee- input. He stated impact fees, once established, will help us Mart to catch up with the roads, and he believes the KN- l area with a PUD is an excellent idea. Kl e ner agreed the valley is changing and he doesn't want it to become a Spokane, however, you're not going to stop the growth and he feels this is a good plan. H afferman stated one of the most important things we have to deal with is the Wastewater Treatment Plant and the flows into Ashley Creek. He said he wants someone to tale responsibility and say this is the flow in Ashley Creek, this is the flow that's going to be there, and it may or may not have the capacity. Ha 'ferman said until we get a professional stamp on the capacity, we need to wait.. Herron noted we are permitted to discharge almost four tines as much as we are discharging, and our WWP is cleaning up sewage a lot better than all of the septic systems in the valley. Mayor Kennedy stated she appreciates everyone's attendance tonight, and at the workshops, and thanked everyone who submitted comments. The main motion, as amended six times, carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. Kalispell City Counclil Minutes Aug 7, 2006 .gage E . RESOLUTION 5130 — PRELIMINARY PLAT — CEDAR COMMONS Beargrass Holdings, LLP is requesting preliminary plat approval to reconfigure seven existing lots to create six sbots and one common acre lot within a platted subdivision located on the east side of Third Avenue East, approximately 350 feet south oft e intersection of Third Avenue East and 14th Street East. Larson moved Resolution 5130, a resolution conditional1v approving the preliminary plat o Cedar Commons, .more particularly described as Lot A of the Amended Plat of Lots 1, 2, 31 and 4 of Block I., Ryker Addition to Kalispell and. Lots 5, 6 and 7 and the abandoned Alley o Block 1, Ry er Addition to Kalispell, located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Conrad gave a staff report and answered questions. There was discussion on store drainage issues. The motion carried unanimously upon roll call vote. . RESOLUTION 5131 — PRELIMINARY PLAT — AMENDED LOTS 74-78 of STRATFORD VILLAGE PHASE 3 This is a request from the Hil ac Corporation to res bdi ide five existing lots within Stratford Village phase 3 in order to create 10 s blots. Kenyon moved .esol Lion 5 31, a r soi do approving certain revisions to the prelind ary fat of Strafford village Phase 3, more particularly described as Lots 74, 75, 76, 77 and 7 8 of Stratford village phase 3 located in portions of the Northwest and Southwest of Section 19, Township 28 North, Range 21 West, .M.M,, Flathead County, Montana. The motion was seconded. Conrad gave a staff report and answered questions. The motion carried unanimously upon roll call vote. E , FINAL PLAN` —.ASPEN CREEK PHASE `his is a request for final plat approval ofAspen Creek Subdivision Phase I consisting of 3 2 single family residential lots, 18 townhouse lots, and two commercial lots on approximately 19 acres located on the south side of Three Mile Drive rear its intersection with Stillwater Road. Larson moved Council accept the subdivision improvements agreement and approve the final plat for Aspen. Creek Phase 1. The .emotion was seconded. Gonad gave a staff' report and answered questions. There was discussion about road connectivity. Kalispell City Council Minutes Aug 7, 20 Page Larson suggested reviewing the 125% bond requirement for unfinisheditems because it may not cover construction increases any longer. The motion carried unanimously upon. vote. E/ . FINAL PLAT — TERRACE VIEW ESTATES This is a request for final plat approval of Terrace View Estates, a three lot residential subdivision on approximately eight acres located on the north side of East California Street between 5th Avenue E.N. and 6th Avenue E.N. Larson moved Council accept the subdivision improvements agreement and approve the final plat for Terrace View Estates. The motion was seconded. Conrad gave a staff report and answered questions. The motion carried unanimously upon vote. F. M: �o� COUNCIL CITY MANAGE. "S REPORTS Action Mayor Kennedy informed the Council that a hiring; committee for a new Police Chief is being established and she would life to serve on the committee. Atkinson said he is opposed to anyone on the Council serving on the hiring committee because he believes there reeds to be a separation between Council and staff. Kenyon said he respectfully agrees. Patrick informed Council and the public that a -way stop sign will he installed at West Reserve and Stillwater load on Wednesday, August 9. Patrick stated that MDOT is erg to coordinate a meeting with Council and Commissioners regarding the Highway 93 bypass. atriek said the fire danger is extreme, and that our firefighters are on call to assist DNRC i necessary. Larson asked that the firefighters only help with fires it the valley because he doesn't want the City to go unprotected. Patrick agreed. Kalispell City Council Minutes Aug 7, 2006 Page 9 G. .BURN The meeting was adjourned at : 19 p.m. ATTEST: 'hers. White City Clerk Pamela. B. Kennedy Mayor Kalispell City Council Minutes Aug2006 'age 10