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1. Council Minutes - Regular Meeting - June 19, 2006A REGULAR. MEETING of THE KALISPELL CITY COUNCIL WAS HELD A. :00 ,M., MON AY, JUKE 19, Zoo � IN THE COUNCIL CABERS AT CITY HALL IN KALISPELL, MONTA TA, MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM ATKINSON, BOB HERRON, BOB RAFFERMAN, RANDY KENYoN, M KLUESNEX DUANE 1ARSoN, AND HANK o SON WERE PRESENT. COUNCIL MEMBER KARI GABRIEL WAS ABSENT. Also present: City Manager ames Patrick, City Attorney Charles Harball, City Clerk Theresa White, Public Works Director Jim Hansz, Police Chief Frank Garner, Fire operations Chief Dan Diehl, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Planning Department Director Tom J.entz, 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 Meeting.— June 5, 0 2. Council Mots Special Meeting — June 13, 2006 3. Pledae,,d Securities as of March 31, 2006 . Biosolids Award Presentation The City of Kalispell and Glacier Gold have been awarded the 2006 Biosolids Award. The award is, given once every three years to a community or facility that best practices beneficial use of blosolids generatedby a wastewater treatment process. Atkinson moved approval of the Consent Agenda. The motion was seconded. Bill Bahr, Department of Environmental Quality, presented awards to the Wastewater Treatment Plant and Glacier Gold. a : erman questioned the figures on the pledged securities, stating he thinks there is a double entry. Robertson said she would review the figures. The motion carried unanimously upon vote with Gabriel absent. Kalispell City Council Minutes June M 2006 Page T C. STUDENT ISSUES None. PUBLIC COMMENT Ma re Flowers, Citizens for a Better Flathead, spoke about public access to information and the ability of the public to participate in meetings and workshops. she said a presentation during a work session following the last planning board meeting contained a lot of naps that the public couldn't see, she asked that any materials presented at meetings or work sessions be made available to the general public. Herron requested that anyone speaking to the Council give their name and residential address. PUBLIC HEARING — GROWTH POLICY AMENDMENT EISINGER PROPERTIES IB C AND LYLE AND OANN AVIS Mayor Kennedy opened the public hearing. Greg E singer, 1.07 old Highway 3 south, Somers, representing E singer Motors, said he and representatives from Schwarz Engineering are available to answer questions. . ohna Morrison, 207 21rld Avenue West, Schwarz Engineering, noted the application for the growth policy amendment was initially made in the Davis" name, but since then the property has been transferred to Elsinger. she said even though the approaches to the project have been approved, MDOT has indicated a frontage road will he coming soon which is also indicated in the plan. Morrison said they would like to begin construction In September and addressed some of the Planning Board's concerns. Kim U rson, 1.234 M Mannarny Draw, architect for Schwarz Engineering, spoke on the traffic flow and placement of the buildings, stating he feels the project will be compatible with the area. Dave Filler, 2585 Highway 93 North, stated he has nixed emotions about the project because he lives next doer, but he would rather have it built to City standards than Counter standards. Mayre Flowers, 2770 Upper Lost Creek Road, Whitefish, representing Citizens for a Better Flathead, stated her group encourages the applicant and the City to work together because the pr je t needs to be on City surer and water. She said Citizens does have some concerns, however, and read a letter outlining those concerns. Letter is attached and by this reference is made a part of the official record) Sharon DeMeester, 41.5 Chestnut Drive, stated she is concerned about the lack of a storrnwater management plan. She echoed Flowers* suggestion that a planned Unit Development agreement would be a good idea. Kalispell City Council Minutes .dune 19, 2006 Page John Schwarz, 1234 Three Mlle Drive, Schwarz Engineering, saidhe's been involved in this project for a couple of years and they feel it would be best to annex to the City and hook up to the sever system. He clarified the isinger's have not proposed a subdivision and therefore a PUD would not e appropriate, adding any concerns can be handled through the site review process. Mayor Kennedy closed the public hearing. F. REPOW S RECOMMEN A IONS AND SUBSEQUENT COUNCIL ACTION . RESOLUTION 5121 —ADOPTING GROWTH POLICY AMENDMENT -OR ; RESOLUTION 5121B — REVISING GROWTH POLICY AMENDMENT - O RESOLUTION 5 — MECTING GROWTH POLICY AMENDMENT The proposed amendment to the Kalispell Grot . Policy 2020 covers 15.4 acres located at 1545 and 2563 Highway 93 North, at the northeast corner of Highway 93 North and West Reserve .give. Herron moved. Resolution 121-A, a resolution adopting an amendment to the Kalispell Growth lb Policy 2020, to be known as the Eisin er Growth Policy Amendment. The notion was seconded. Jentz gave a staff report and answered questions. Ha ferrnan commented that M o ' has done a good job anticipating future traffic at that intersection, adding they have a good plan in place and a oar dealership will not have as much traffic impact as a residential subdivision. He stated he feels this is an appropriate amendment to the existing growth policy. Herron cornplirnented staff for doing a very good job on the growth policy amendment and he feels this property falls right into line with what the Planning Board approved. He said Council needs to trust that the staff will address any concerns through site review. .Kenyon said his only concern with the proposal is that this amendment is coning prior to the entire growth policy being amended. Olson said he wishes the developer could wait also, but Chevrolet and Honda have stringent standards for their dealerships and he feels this will be a complement to the City. Mayor Kennedy agreed, stating the north location is a good location for this dealership. The notion carried unanimously upon roll call vote with Gabriel absent. " . RESOLUTION 5122 —ANNEXATION — EISINGER PROPERTIES..IBC AND LYLE JOANNE DAVIS This is a request from E singer Properties, LLC and Lyle and Joanne Davis for annexation of 15.4 acres located at 2545 and 2563 Highway 93 North.. Kalispell City Council Minutes June 19, 2006 'age Larson moved Resolution 5122, a resolution to Provide for the alteration of the houndaries o the City of Kalispell by including therein as an annexation certain real property, more Particularly described on "Exhibit .A", located in Section 30, Township 29 North, Range 2 West, P.M.M., Flathead County, Montana, to be known as Eisin er/Davis Addition No. 3800 to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Kloesner asked Patrick about the fiscal impacts of this annexation. Patrick stated there are no specific impact numbers. Hafferman said be oes ;t have any concerns about the fiscal impacts with this project, but be is tired of staff giving Council "ambiguous stuff" and not providing a cost analysis report. .e motion carried unanimously aeon roll call vote with Gabriel absent, 3. ORDINANCE 1 — INITIAL ZONING — E S1NGER PROPERTIES, LLC AND LYLE & JOANNE DAVIS — 1ST READING lsin er and the Davis' are requesting a zoning designation of - 2, General Commercial., on the above mentioned property, currently zoned County B-2, Busmess, and County -1, Suburban Residential. Herron moved first reading of Ordinance 11576, an ordinance to amend Section 27,02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), y zoning certain real property described as Assessors Tracts 41 and 4C located in the SE 1 of Section 30, Township 29 North, Range 21 West, .M.M., Flathead County, Montana (previously zoned County -2, Business and County R-1, Suburban Residential) to City -2 (General Comrnerc a in accordance with the Kalispell Growth Policy 2020, and to proviWe an effective gate. The notion was seconded. There was no discussion. The motion carried unanimously upon roil call vote w'Ith Gabriel absent. Resolution5123 sets the terms and conditions of the $4,520,000 bond for SID 344 approved by Council at a special meeting June 13. Larson moved Resolution 5123, a resolution relating to Special Improvement .district No. 344 Bonds, Series oo ; fixing the form and details and providing for the execution and delivery thereof and security therefor. The notion was seconded. Ben Johnson, Kenney and Graven, the City" s Bond Counsel, gave a staff report and answered questions. Kalispell City Council Minutes June 1, 2006 Page Hafferman asked about the $500,000 mentioned tioned for a "water treatment building". Hansz replied it's the control building for the water well system and will be built when the other construction is complete. He said the amount nt listed is an estimate and they anticipate it will cost somewhat less. afferman stated he will vote against this because the bonds are, for 20 years and the tax increment district is for 15 years. He said that essentially extends the TIF district for an additional five gears. Johnson answered questions eoneemin ; an early buy out and the possibility of ending the TIF early. The motion carried upon roll call vote with Atkinson, Herron, Kenyon, Kles er, Larson, Olson and Mayor Kennedy voting in favor, Hafferman voting against, and Gabriel absent. ORDINANCE 1 — PROHIBITING TRUCKTRAFFIC ON NORTHERN LIGHTS BOULEVARD — IST READING The Police Department has encountered a. number of significant issues involving truck traffic o Northern Lights Boulevard and is requesting Council prohibit through track traffic on that road. Larson moved first reading of ordinance 1577, , an ordinance amending Kalispell City Ordinances No.741, 907 and 1196, codiried as Kalispell City Code 17- -2 prohibiting tracks on certain streets and declaring an effective date. The motion was seconded. Patrick noted they met with school district officials and neighbors along Northern Lights Boulevard and this is one of several solutions they are looking at to help with the traffic problems. Garner stated because of the construction work,, Northern Lights is essentially replacing Meridian Road right now. He said be thinks it's important to prohibit through truck traffic, particularly because of the narrowness of this road. Hafferman commented that residents are also concerned about the buses usiDg the road, particularly A re the winter. Hafferman moved to amend the ordinance by including the words "and buses" after "trucks". The motion was seconded. Garner said it"s important that we are careful not to create another problem 1n another area, He -noted the school configuration will change in 2007, and the total number of buses will be reduced significantly. In addition, there will be a provision on the northeast side for buses. olso.n stated he doesn't think the buses can be considered through traffic, even though he agrees they should stay off Northern Lights Boulevard. Atkinson said he has to vote against the amendment because we haven" t qualified what "`buses", are, whether school or public transportation. Kalispell City Council Minutes June 1.9, 2006 Page There was discussion whether the amendment should include school buses only, all buses except Ea gf`ransIt 1 ses, and h.ether it means " through'' bus traffic. Kl esner commented when he was growing up trucks and buses didn't travel on Northern Lights and he doesn"t feel they should be u-singto goad now. Larson said he will support the amendment because the school district said It will address the problem, but they didn't say they were going to stop all bus traffic on Northern Lights. He agreed with Haffern .an that one bus is too many. Kenyon remarked the Council should let the school district try to work out the problem and if it isn't resolved, the Council can look at prohibiting buses later. Mayor Kennedy concurred, noting this amendment will deter negotiations with the school district and we should only deal with the truck traffic now. The amendment a carded upon roll call vote with Hafferman, Herron, Klee ner, Larson, and Olson voting 'n favor, Atkinson, Kenyon, and Mayor Kennedy voting against, and Gabriel absent, Where was no further discussion. The main notion as amended carried upon roll call vote with Haffermian, Ue-rron, Kluesner, Larson., and Olson voting in favor, Atkinson, Kenyon, and Mayor Kennedy voting against, and Gabriel absent, /6, MOTION TO ADOPT 2006-2007 PRELIMINARY BUDGE' AND CALL O PUBLIC HEARING t the last meeting of each fiscal year the Council is required to adopt the preliminary budget for the next fiscal year and call for a public bearing. ,A public hearing will be scheduled for July 17. Atkinson moved adoption of the 2006-2007 preliminary budget and call for a public hearing on July 17. The notion was seconded. Patrick gave a staff report. afferman said there are two issues contained in the motion, adopting the preliminary budget and calling for a public hearing. He said he would like to vote on then separately. Ha.fferman moved to amend the main notion and remove "adoption of the 2006-200 preliminary budget"' from the motion and have the first notion just calling for the public hearing. The notion was seconded. Mayor Kennedy asked Harball to comment. Kalispell City Council Minutes June 19, 2006 .page Harbal stated you have to have something to present to the public for the public to comment upon. Hafferman stated he is not doing to vote In favor of the main motion, because "adopting means I agree and I don't agree" with the preliminary budget as presented. He said the notice of hearing states the City Council has reviewed the preliminary budget and It is open to inspection. I a erman said if the Council adopts the budget, it"s the same thing as sabring the Connell approves the budget. Harball noted the staff does not have the authority to present the preliminary budget, the Council needs to do that. He said preliminary simply means this is the starting point. Klesner said this document has been presented In public work sessions and the newspaper reporter has written about it. f le said he believes this document is already a public record and it's called a preliminary budget. Harball emphasized at this point is a staff wok product. It doesn't become a preliminary budget nt' the Council makes it a preliminary budget. Olson said he doesn't have any problem with splitting the issue into two notions, stating Ira simply wants to vote on each separately. The motion to amend failedupon vote with H fferm n, Kluesner, and Olson voting In favor, Atkinson, Herron, Kenyon, Larson, and Mayor Kennedy voting against, and Gabriel sent. Herron moved to amend the main motion ley first voting on the adoption of the preliminary budget, and then voting on the public hearing. The motion was seconded. The aniendment carried unanimously upon vote with Gabriel absent. Herron moved the Council adopt the 2006-2007 preliminary budget. The motion was seconded. The motion to adopt the 06-20preliminary budget carried upon vote with Atkinson, Herron., Kenyon., Larson, Olson, and Mayor Kennedy voting in favor, Hafferman and Kles er voting against, and Gabriel absent. Herron moved to call for a public bearing for the 2006-2007 preliminary budget o,July 17. The motion was seconded. The amendment t carried unanimously upon vote witb Gabriel absent. G, N1AY0 UNCILLCITY MANAGER'S REPORTS NoAction) Mayor Kennedy announced there will be no work session on Monday, June 26 with the next regular meeting scheduled for July . Kalispell City Council Minutes June 19, 2006 Page .Larson asked if anyone has responded to a letter from N l y Real Estate requesting paving and repair of 3rd Avenue East. Patrick said the issue is still being evaluated. Patrick informed the Council that the CDBG grant for Distinctive Countertops has been approved for $40011,000. Patrick k announced. the "Picnic in the Park"' concert series starts `nes a.y night ht and he encouraged everyone to attend. x. ADJOURN The meeting was adjourned at 9:09 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minute June 19, 2006 Page To. The Honorable Pam Kennedy the Kalispell City Council P. o. Box 1997 Kalispell, MT 50 From: Citizens for a Better Flathead O Box 771, Kalispell, MT 59903 Re: Eisinger/Davis Growth Policy Amendment Dear Mayor Kennedy and Councilors: :please accept the following comments regarding the proposed Growth Policy Amendment. ent. 1 Set Planning.is flle,2al. The Amendment proposed is premature and represents spot planning, a. concept similar to spot zoning. The recent Montana a Supreme e Court decision regarding the Glacier .mall cited another Flathead case known as the .little case that established the test for spot zoning. In the Glacier Mall decision the court noted the Little ease and stated,, "Although Little involved the role of comprehensive master plans in zoning decisions, the principles set forth in Little regarding the role on master plans when making future planning decisions apply with equal force.'' (paragraph 2, page The criteria. for spat zoning/planning include changes made for the benefit of a single or few owners, a small area., and a change not clearly consistent with the growth policy. All of these conditions exist. Your staff report notes that you will be receiving a recommendation for a growth policy amendment for the north 93 area within a month. This Eisinger av s application should follow, not precede, this text amendment. .t. The minutes for the planning board meeting on this growth policy amendment clearly establish that the board is not sending you a strong,, positive recommendation on this amendment. dment. Reference in the record that the applicant grants to move forward during this building season a j sti cation for pushing for this amendment at this time rather than wait for the more comprehensive plan amendment t to be in place, also builds further evidence of spot planning. Additionally, the minutes establish that by having this amendment precede the more comprehensive growth policy amendment,, the applicant may in fact be able to proceed without having to comply with the standards being proposed in the growth policy amendment that you will be reviewing next month, which the planning board and the public have seen as essential in the record to date to protect the health, welfare and safety of city residents in compliance with the overall intent of the Kalispell Growth Policy. _ Critical safety provision are not in place to comply w'th growth polities including Chapter 2, Policy 6 cited in the staff report. This application is premature in that the staff report establishes that the Montana Department of Transportation is still in the design phase for this intersection and the potential for a frontage road to serve this property is not secure. The record establishes the importance of a frontage road to the safety and success of development at this intersection. See planning board minutes that repeated document concerns with traffic,, safety and the design of this project and the intersection. Growth policy language proposed for this area in the proposed future amended would allow you to better address this issue through a PLED application. Without a PUD, the minutes of the planning board page 6 of 14, establish that the frontage road may not be build until some unknown time in the future when the intersection is upgraded, . Any growth policy amendment of this site should establish a policy that requires PUD because of the sensitive nature of this intersection both from a safety, water duality,, entrance corridor and pedestrian corridor perspective. The staff report notes concerns about possible overflow parking in the flood plain and other issues related to this property's relationship to the Stillwater Rives'. The accompanying zoning proposed is not a PU, though this is proposed in the new draft of the growth policy amendment for this overlay zone. A PUD gives the city the ability of the city to address more specifically and effectively many of the potential concerns with this project that could arise under a mere zone change. This is where remembering back to the valley Done and the verbal promises that were made,, but not delivered would be important to pause and reflect on. . The amendment as worded does not include the staff recommendation that the community entrance overlay policies he .made part of this amendment. It is not clear how you accomplish this when this are as yet only proposed amendments for this area. Again this shows that this amendment is premature and should be considered in conjunction with the future amendment.