1. Council Minutes - Regular Meeting - July 3, 2006REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A *o
.M.,, MON AY5 J J Y 3� Zoo , IN THE COUNCIL CHAMBERS AT CITY HALL IN
KA ISPELLMONTANA, MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL
MEMBERS KAFJ GABRIEL,,SOB HERRNBOBHAFFERMAN, RANDY KENYON,
IM KLUES EK DUANE LARSON, ADD DANK OLSON WERE PRESENT, COUNCIL
MEMBER JIM A KINSON WAS ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Har all, City Clerk Theresa White,
Police Chief Pram. Garner, Assistant Fire Chief of Prevention Brent Christopherson, and Senior
Planner Sean Conrad.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
OVAL
Larson moved approval of the Agenda. The motion was seconded,
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA A APPROVAL
1. Council Minutes — Regular Meetine — June 19, Zoo
2. Ordinance 15716—Initial Zoning— Elsingr Properties, LC and le & Joanne Davis— 2n
Read.n
Eisinger and the Davis" are requesting a zoni ng designation o -2, General Commercial, on
15.4 acres located at 1545 and 2563 Highway 3 North, at the northeast corner of Highway
93 North and West Reserve Drive. Ordinance 1576 passed unanimously on first reading .tune
.
Kenyon roved approval of the Consent Agenda. The motion was seconded*
There was o discussion.
The motion carried unanimously upon vote with Atkinson absent.
C. STUDENT ISSUES
None.
I. PUBLIC COMMENT
Julie Keyes, WalMart Store Manager, presented the fire department with a Safe Neighborhood
Heroes Grant in the amount o 2,500.00.
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Erica Wirtala., Sands Surveying, spore in support of the annexation, zoning, and preliminary plat
approval of Diamond Ridge Estates subdivision, asking the council to accept cash -in -lieu of pa meot
in substitution of park land as recommended by the planning board.
Hobert Turner, 1053 Stillwater Road, developer for Empire Estates, explained why they are
requesting a preliminary plat acne d nent and asked the Council to approve the location change for
the parr, adding it's the developers' right to design a. subdivision.
Patty Armisten., Northern Lights Boulevard, thanked the police department for the extra patrol in the
neighborhood.
'Bob UDuc. 101 Northern Lights Boulevard, also thanked the police department and thanked the
Council for passing an ordinance prohibiting truck traffic and asked that the sign be installed as soon
as possible.
E. REPORTS RECOMMENDATIONS AND SUBS E DENT COUNCIL ACTION
E/L ORDINANCE 1577 — PROHIBITING TRUCK TRAFFIC ON NORTHERN LIGHTS
BOULEVARD — 2ND READING
The Police Department ent has encountered a number of significant issues involving truck traffic on
Northern Lights Boulevard. ordinance 17" passed on first reading June 19 with one amendment
also prohibiting through bus traffic.
Kenyon moved second reading of ordinance 1577, , n ordinance amending Kalispell City
Ordinances No.741, 907 and 1196, codified as Kalispell City Code 1' - -2 prohibiting trucks
on certain streets and declaring an effective date. The lotion was seconded.
Patrick gave a staff report and answered questions.
Larson said he has received reaction from several people living on Northern Lights stating buses are
not a. problem and he questioned whether the addition of buses in the ordinance should be removed.
Patrick said the school district understands Co nc l's position and officials have indicated that the
school has no intention of using Northern Lights Boulevard except.in an emergency.
Mayor Kennedy commented she had an issue adding; buses to the ordinance because negotiations
with the school district are not complete, however, she will support the second reading because she
firmly believes that trucks should be limited.
The notion carried unanimously upon roll call vote with Atkinson absent*
E 2. RESOLUTION 512 — ANNEXATION — RIE E AND WEBSTER
Allen and Virginia a iebe, William and Cindy Riebe, and Polly Webster are requesting annexation of
approximately 13 acres located at 386 and 394 Three Mile Drive.
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Larson moved Resolution 5124, a resolution to provide for the alteration of the boundaries o
the City of Kalispell by including therein as an annexation certain real property, more
particularly described on Exhibit A", located in Section 12 Township 28 North, Range 22
West, .M'M., Fl the County, Montana, to be known as Rie efWebster Addition No. 3 ; 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 on the annexation and zoning and answered uestio .
There was no discussion.
The notion carried unanimously upon roll call vote with Atkinson absent.
E 3. ORDINANCE 15 —INITIAL ZONING — RIE E AND WE S ER — IST READING
The ie e's and Webster are requesting a zoning designation of City - , Single Family Residential
on the above mentioned property.
Larson moved first reading of Ordinance 1578, 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 Assessors Tracts 3A-B3AC, 3AD, 3AB, and 3ACA locate.
in. Section =12, Township 28 North, Range 22 West, *M.M., Flathead County, Montana
(previously zoned County R- ., Suburban. Residential) to City R-2 (Single Family Residential),
in accordance with the Kalispell Growth Policy Zo o, and to provide an effective date. The
notion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Atkinson absent.
E 4. RESOLUTION 5125 — PRELIMINARY LAT . DIAMOND RIDGE ESTATES 7
REBE AND WEBSTER
The I ie e's and Webster are also requestinp. preliminary plat approval oval of D lamond Ridge Estates, a
re ' ent' al subdivision creating 23 single family residential lots on the above mentioned property.
Gabriel moved Resolution 5125, a resolution conditionally approving the preliminary plat o
Diamond pond Ridge Estates, more particularly described as Assessor's Tracts 3ABB, 3AC 3A ,
3AB, and 3ACA, located in Section 1.2 Township 28 North., Range 22 West, .Haiti., Flathead
County, Montana. The notion was seconded.
Conrad gave a staff report and answered questions.
Olson stated everyone knows hove he feels about accepting cash in lien of Parkland, and if anyone
else would like to see a park in this area be would be willing to make an amendment.
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LarsoD said he agrees with the planning board that because of the large lot size, this s bdlvls o
does'Tt reed an extra par..
.d) uesner stated he's more concemed with the ,storm Nvater runoff than the homeowners park, but he
does feet there should be a City park in the area.
Hafferman agreed with Larson, adding these are large lots that give the homeowners an opportunity
to have a play area on their property and he feels the cash -in -lieu of can be used more effectively to
n established park or a park program.
Olson said the problem is if parklands are not established now, they never will be. He said the
Council is using the same worn they used for not requiring sidewalks in several parts of town are
now there are large areas without sidewalk.
Gabriel commented that Olson has persuaded her and she would like to make an amendment.
Gabriel moved to amend Condition #5 to Bread: "The developer shall provide a minimum of
1.14 acres in park area In the vicinity of lots 6, 7 and 8. A development plan for the parkland
shall be reviewed and approved by the Kalispell Parks and Recreation Director that provides
recreational amenities including but not limited to pedestrian access, irrigation, landscaping
and play equipment so as to provide a recreational component with the development and not
simply left as passive open space. A homeowners association shall be created for the on -going
maintenance of the park." The notion was seconded.
Larson, Kl es er, Herron, and Kenyon spoke against the amendment.
The amendment failed upon vote with Gabriel and Olson voting 'in favor, Hafferman, Herron,
Kenyon, K-lnesner, Larson, and Mayor Kennedy voting against, and Atkinson absent.
There was no further discussion.
The main notion carried upon roil call vote with Gabriel, H fferm n, Herron, Kenyon,
Kluesner, Larson, and Mayo- Kenney voting in favor, Olson voting against, and Atkinson
absent.
E 5. RESOLUTION 512 — PRELIMINARY PLAT AMENDMENT — EMPIRE ESTATES
PHASE
Due to a change in access to Empire Estates Phase 5 and a redesign of the subdivision roads, Wayne
Turner is requesting the addition of seven lots to the 64 preliminary approved lots.
Kenyon. moved Resolution. 51.2 , a resolution approving certain revisions to the preliminary
plat of Empire Estates Phase 5, more particularly described as a portion of Assessor's 'bract 3
of Empire Estates located in. the Southwest 1 of Section 1, Township North, Range 2
West, P.M.M., Flathead County, Montana. The motion was seconded.
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Conrad gave a staff report and answered questions.
There was discussion concerning the bike path.
Haffennan commented he feels bile paths should be as h.a...t, not concrete. He said it's a lot softer i
You fall and it doesn't heave like concrete.
Conrad responded the reason they recommended asphalt is because the homeowners will be
maintaining the path and asphalt is cheaper to maintain.
Olson moved to amend Condition 96 to read: "A..l homeowners park shall a shown i the area
o lots , and. 5 in Block 15 J gJL � � AL � ; laaL:.:1 The park shall be a minimum size o
16,000 square feet". The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Atkinson absent.
Hafferman moved to amend Condition ##7 that the bike path be constructed out oasphalt, not
concrete. The motion was seconded.
"here was discussion.
The motion failed on a tie vote with Haf erman, Herron, Kluesner, and Larson voting In favor,
Gabriel, Kenyon, Olson, and Mayor Kenney voting against, and Atkinson absent.
The main motion as amended once carried unanimously on a roll call vote with Atkinson
absent.
E . RESOLUTION 5127 — RESOLUTION of INTENT AND CALL FOR PUBLIC
HEAMNG — GROWTH POLICY AMENDMENT — HIGHWAY 93 NORTH
This is a .resolution of intent to amend the growth policy by expanding the boundaries of the pollcy
northward using; the Stillwater River as the western boundary, Church and Birch Grove Drives as the
northern boundary, LaSale to Rose Crossing over to the Flathead .diver as the eastern boundary, and
Reserve Drive as the southern boundary.: .. public hearing will be scheduled for July 17.
Gabriel moved Resolution 5127, a resolution of intention to adopt, revise, or reject a
recommended amendment ment to the Kalispell Growth Policy 2020. The motion was seconded*
Conrad gave a staff report and answered questions.
Herron commented this is an opportunity for the City to get "ahead of the curve" and look at
planning in the best possible light and make sure there are adequate parks, bile paths, etc.
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Gabriel made a friendly amendment to charge Birch Drive to Birch Grove Drive. There was
o objection.
Mayor Kennedy noted the Council will not take any action on the growth policy amendment on ,duly
17, the evening of the public hearing.
The motion carried unanimously upon roll call vote with Atkinson absent,.
E , ORDINANCE 1579 —ADDITIONAL STREET ASSESSMENT RATE CATEGORY
IST READING
Ordinance 1.579 creates a fifth rate category in the street assessment rate schedule to cover tax
exempt properties.
Gabriel moved first reading of ordinance 1579, an ordinance amending Ordinance 1475 by
creating an additional category for Tax Exempt Properties that are subject to street
assessments, modifying language to clarify the commercial categories, and declaring an
effective date. The motion was seconded.
Patrick gave a staff report.
Larson stated traditionally non-profit organizations s have been tax exempt because they provide a
service to the community. He said the principle should be the same with assessments and he opposes
the ordinance.
Olson asked for some examples of different properties and the change in the amount of the
assessments.
Patrick answered he doesn"t have hose figures at the morne t.
Olson roved to table ordinance 1579 until July 17 pendingmore information* The motion was
seconded.
The motion carried unanimously upon vote with .Atkinson absent.
E . ORDINANCE 1580 — ADDITIONAL STORM DRAINAGE ASSESSMENT .ATE
CATEGORY — 1ST READING
Ordinance 1580 creates a fifth rate category in the storm drainage assessment rate schedule to cover
tax exempt properties.
Larson moved first reading of ordinance 1580, ordinance amending Ordinance 1.476 by
creating an additional category for Tax Exempt Properties that are subject to storm sever
assessments, modifying language to clarify the commercial categories, and declaring are
effective date. The motion was seconded.
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Larson moved table Ordinance 1580 until July 17. The motion was seconded.
The motion carried unanimously upon vote with Atkinson absent.
F. MAYo COUNCIL CITYMANAGER'S REPORTS A. t o
Mayor Kennedy announced there will be a Technical Advisory Committee meeting on July 10
starting at 1 }30 in the Montana Department of Transportationbuilding. She said the bypass will be
discussed.
Hafferman asked that the link to Flathead Lakers should be removed from the City" s website because
he thinks the information is misleading 'if peopleare looking at the ``depth to ro n at.el" as being
50 feet.
Patrick invited everyone to an open house on the preliminary floodplain map for Flathead County o
,duly 17 at the Earl Bennett Building starting at :00 p.m.
G. ADJOURN
The meeting was adjourned. at 8:37 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council Minutes
,duly 3, 2006
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