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1. Council Minutes - Regular Meeting - February 21, 2006A REGULAR METING of THE KALISPELL CITY COUNCIL WAS HELD AT 7: o ,M., TUESDAY, FEBRU RY 21., 2006, IN THE COUNCIL CHAMBER`' AT CITY HALL IN KA ISM' ,, MONTANA. MAYORAME A . IENNE Y PRESIDED. COUNCIL MEMBERS JIM ATKINSoN, KARI GABRIE . BOB HAFFERMAN., BOB H RRoN, RANDY KENYON, DUANE LARSON, AND HNC. o SON WERE PRESENT, COUNCIL MEMBER TIM KLUESNER WAS ABSENT. .A..so Present: City Manager James Patrick, City Clerk Theresa White, Public Works Director Jim a .s , Police Chief Frank Garner, Fire Chief Randy Brodehl, Finance Department Director Army Robertson, Parks and Recreation Director Mike Baker, a i ng Department Director Tom e t ' 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 Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. The motion. carried unanimously upon vote with Kluesner absent. B. CONSENT AGENDA APPROVAL I. Council Mints - &gqlar Meetinor.6 2006 2. ordinance 1.566 — .Initial Zoning — James and Karen Holmquist — 2nd Readi James and are Holmquist are requesting an initial zoni .dng designation of R-2, Single Family Residential, on approximately two and a half acres located at 405 West Evergreen Drive just east of Whitefish Stage Road. ordinance 1566 passed on first reading February 6. 3. Ordinance 1567 — Initial Zonjn — Luther French — 2nd Rea in Luther French is requesting an initial zoning designation of R -2, Single Family Residential, on approximately one acre located at 1-624 Woodland Avenue. ordinance -1567 passed on first reading; February 6. . Award Bid — Public Water S.upply Improvements — MOVED TO NMIN AGENDA 5. Approve Task orders for Upper Zone Water Supply and Stora e ro'et 12005 the city council approved a contract with Robert Pecc a & Associates for engineering services to develop public water supply facilities in the City's -upper pressure zone with each task order to be separately negotiated. Task orders , 3, , and #6 are to finalize the purchase of the site, prepare easements, conduct geotechnical investigations, and prepare contract documents for completion of the well. Kalispell City Council Minutes pagge .I 6. Proclamation — TR o Day February 24, 200 Atkinson moved approval of the Consent Agenda. The motion was seconded. Hafferman moved that Item 4 be removed from the Consent Agenda and placed on the Main Agenda before Item 6. The motion was seconded. 'acre was no discussion. The motion carried unanimously upon vote with Klesner absent. The main motion as amended aryl d unanimously upon roll call vote with Kluesner absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT .lolly Middleton, 881 Helena Flats Road, spoke in support of the Serenity Lane Addition. Bob Erickson, 1272 . `oxtail Drive, representing Jackola Engineering,, stated he is available to answer any questions on the Serenity L e Addi tl*o D. E, REPORT�ZRECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION � 1* ORDINANCE INITIAL ZONING — JOHNAND BOBBI BONNER — 2ND READING John and Bobbi Bonner requested an initial zoning designation of . -1, Neighborhood Buffer District, upon annexation of approximately one half of an acre located at 1322 Whitefish Stage .load, however, the planning board recommended the property be zoned R-5, Residential/Professional Office. The first reading of ordinance 1568, zoning the property R - , passed on a six -to -two vote with one abstention on February 6. Larson moved second reading of ordinance 1568, an ordinance to amend Section. 27.02.010, Official Zoning Map, City of Kalispell Zoning ordinance, (Ordinance No. 1.4 0 , by zoning certain real property described as Assessor's Tract 5F located in Section 32, Township 2 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County RA- , Residential Apartment) o City -5 (Residential/Professional office), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Hafferman stated he abstained from voting at the last meeting and he will be abstaining again because the applicants had requested a zoning designation of - 1, not RA- 1. . Kalispell City Council Minutes acre 2 Olson stated that is what the planning board is for — it's an advisory board and the board's advice is for the property to be zoned RA- -. 'He thanked the planning board members for their hard work. The rotlon carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson and. Mayor Kennedy voting in favor, Hafferman abstaining, and Kluesner absent.. ORDINANCE 1.569 — INITIAL ZONING — MONTANA. COMMERC PLC — 2ND READING Montana Commerce, LLC .has .requested an initial zoning designation of B-2, General Business, o approximately one acre located at 2910 Highway 93 South at the intersection of Cemetery T o ad. The first reading of Ordinance 1.569 passed on are eight -to -one vote February 6. Gabriel moved second reading of Ordinance 1569, 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 Tract 5A (Tract 1 of Certificate of Survey 51) locatedin Section 29, Township 28 North, Range 21 "west, P.M.M., Flathead County, Montana (previously zoned County ty I-1I , Highway Light Industrial) to City B-2 (General Business), i accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kenyon said be understands that if the Council doesn't approve this, the casino could not be developed because of the septic issue. Jentz said because City services abet this property, they are not able to expand their septic systems. -unless they first request annexation and City services. If the City denies their request, it would be determined that they have complied with the law and they would be able to expand the septic system, The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Larson, Olson and Mayor Kennedy voting in favor, Kenyon voting against, and Kluesner absent. E 3. RESOLUTION 5091 — PRELIMINARY PLAT — SERENITY LANE ADDITION This is a request for preliminary plat aroal of a four -lot minor residential subdivision on a existing residential lot located at 1310 6th Avenue West. Kenyon moved Resolution 5091., a resolution conditionally approving the preliminary plat o Serenity Lane Addition, more particularly described as Assessors Tract 8TH located in Section 18, Township 28 North, Range 21 West, . .M.M., Flathead County, Montana. The motion was seconded. Jentz gave a staff report. There was no disc: ssio . Kalispell City Council Minutes February 21, 2006 Page The motion carried unanimously upon roll call vote with Kluesner absent. . FINAL PLAT — ASHLEY PARK PHASE This is a request for final plat approval of Ashley Park Phase 8, a -lot residential subdivision with 26-single- amity lots and 20 townhouse lots on approximately 11 acres located on the west side of Airport Road. Kenyon moved Council accept the Subdivision Improvement Agreement and approve the rinal plat for Ashley Park Phase 8. The motion was seconded. etz gave a staff report and answered questions. :afferman stated this subdivision will pot more traffic onto S nnys de Drive and additional load on the intersection of Airport Road and Highway 93 until the bypass is b l.lt. He requested the staff contact ,Tx to get a traffic study done at that intersection before any more subdivisions are built that would affect that area. Herron stated that this developer started all the discussion about substandard sidewalks. s. He asked what resol u tion has been made for Ashley Park Phase 7, and what assurances do we have that these sidewalks will be completed to our standards. Patrick responded that a bond is currently being held for Ashley Park Phase 7 and a resolution is being worked out. He said in Phase 8, the City will be bolding a bond of $3 o,000 which will b forfeited if the infrastructure is substandard. Atkinson thanked Herron for bringing the issue forward, adding the developers need to understand the City Council. rnearis business and the City now has a construction manager to make sure the standards are met. The motion carried unanimously upon vote with Kluesner absent. E . FINAL PLAT — M. A oW . ARK UNIT #3 This is a request for final plat approval for a residential subdivision that creates two residential lots on approximately one acre located between Lots 2 and 3 of Meadow Park'Unit nit #2. Kenyon moved Council adopt staff report KW -o -1 as Findings of Fact and approve the final plat for Meadow Park Unit 3. The motion was seconded, entz gave a staff report. There was no discussion. The motion carried unanimously upon vote with Klesner absent. Kalispell City Council Minutes February , 2006 ,gage EA. AWARD BID — PUBLIC WATER SUPPLY IMPROVEMENTS(MOVED FROM CONSENT AGE�IA Bids were receive. from Synergy Builders and O'Keefe Drilling for water supply improvements at Old school Station and a riew public water supply well at Westy ew estates. Staff is recommending the bid be awarded to O'Keefe Drilling of Butte for $599,938.80. Synergy Builders of Helena bid 1. , 1.00. Larson moved Council award the bid for public water supply improvements at old School Station and Westview Estates to O'Keefe Drilling of Butte in the amount of $599,938.80. The notion was seconded, Hansz gave a staff report. Hans;Hansz and Patrick answered questions. The notion carried unanimously upon vote with Kluesner absent. E/ 7, RESOLUTION 5092 - FINAL PLAT — OLD SCHOOL STATION This is a request for final plat approval of old school Station Subdivision that plats 17 industrial lots on approximately 55 acres located on the east side of DemersvilleRoad just north of the Rocky Cliff and US 93 intersection. Atkinson moved Resolution 5092, a resolution approving the final plat of Old School Station, described as Assessor's 'bract 2 in Section 33, Township 28 North, Range 21 West, . .M#ice., Flathead County, Montana. The motion was seconded. Jentz gave a staff report and answered questions. Hafferman stated his main concern is approving the final plat before the bonds are sold. He said he would vote in favor of the plat as soon as the bonds are sold, but be can't vote for it tonight because there 1s no bonding on this project and if something goes wrong who is going to pay for it. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Ke yo.n, Larson, Olson and Mayor Kennedy voting in favor, Hafferman voting against, and Klesner absent. E . RESOLUTION 5093 — R SOLUT ONAM. NI ING RESOLUTION 502—IMPACT FEE ADVISORY COMMITTEE Resolution 5093 amends the number of seats on the Impact :Fee Advisory Committee from a required seven members to a maximum of seven. members. Kenyon moved Resolution 5093, a resolution amending Resolution 5062, the Impact Fee Advisory Committee. The motion was seconded, Kalispell City Council Minutes Page Patrick gave a staff report. There was . o discussion. The motion carried unanimously upon roll call vote with Kleser absent. E 9. RESOLUTION 509 - AUTHORIZING DEPUTY FINANCE OFFICER AND CITY TREASURER SIGN ON CITY'CITY'S BANK ACCOUNT This resolutio.. adds Rick wills and Deb Deist as signatories on the Ci y's accounts at Glacier Ban... Kenyon moved Resolution 5094, a resolution amending Resolution 9 9, authorizing the City Manager, Finance Director, .deputy Finance Officer, and City Treasurer to execute checks, drafts or other orders withdrawing funds from city accounts with Glacier Bank. k. The motion was seconded. Patric: gave a staff report. Olson commented he knows Deb Deist and complimented. staff for hiring "'a good person". The motion carried unanimously upon roll call vote with Kluesner absent. E 10. BOARD APPOINTMENT — ARCHITECTURAL REVIEW COMMITTEE Corey Johnson has requested appointment ent to a vacant seat on the Architectural Review Committee. Larson moved Council appoint t Corey Johnson to the Architectural Review Committee. The motion was seconded. There was discussion. The motion carried unanimously upon vote with Kles er absent. '. NIAYOCOUNCILCITY MANAGER'S REPORTSINo Aetio Mayor Kennedy announced that the Parks and Recreation e artme t will be having a fundraiser for a Depot Park band shell on February 25 at the Eagles from seven to midnight. Olson questioned why some of the Ci y's sludge is going to the landfill and not to Glacier Gold. .Han,sz explained that Glacier Gold has a. limit of the amount sludge they can take annually and rather than exceed that limit, a modest amount is taken to the landfill. Kalispell City Council Minutes Page Patric. introduced Sean Conrad, the new Kalispell Senior Planner. G. ADJOURN The meeting was adjourned at 8: 7 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes February 21, 2006 Page