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1. Council Minutes - Regular Meeting - September 5, 2006A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT f i V P.M. TUES AY9 SEPTEMBER 5,, 2009 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELLI MONTANA, MAYOR PAMEIA B. KENNE Y PRESIDED. COUNCIL MEMBERS j1M ATKINSONI BOB HERRON, BOB HAFFERMAN, RANDY KENYoN TICI KLUESNE , AND HANK OLSON WERE PRESENT. COUNCIL MEMBERS KAR GABRIEL AND DUAN8 LARSON WERE ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa Waite, Police Chief Frank Ciar.er, Detective Lieutenant Roger Nasset, Fire Prevention Chief Brent Christopherson, Planning Director 'tom Jentz, and Recording Secretary Judi Fund.. Mayor Kennedy called the meeting to order and led the Fledge of Allegiance. A. AGENDA APPROVAL Kenyon moved approval of the Agenda. The motton was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Larson absent. B, CONSENT AGENDA APPROVAL I. Council Minutes — Re lar .eetxr — A s Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Larson absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Clarice Gates, 426 7th Avenue West, spoke in opposition to Ordinance 1582 and stated she was concerned that employees can live further away from their workstations as we annex and asked how many City vehicles are taken home by employees; she said taxpayers are footing the gas bills. She also spoke in favor of Resolution 5147 but said she is concerned about reducing the City waterhook- up rates. John King, 1.34 North Haven Drive, spoke in opposition to The Meadows subdivision. He said be had concerns about he and his neighbor's views and stated the developers have not responded to their requests for elevation. drawings. He also stated his concerns for the intersection of Highway 93 and Kalispell City Cou-ndl Minutes Sept5,2006 Page I Four Mile Drive and asked if it would be wise to make Four Mile a roar large road now instead o waiting. He asked that approval of this subdivision be denied until safety issues are addressed. Mark Lithe., Schwartz Engineering, spoke in support of the final plat for done Pine Trails and thanked Council .for their support of the La er's baseball tear. Bruce Lutz, Sitescape Associates, spore in favor of The Meadows and stated that all the parties involved will be available to answer questions. He said this is the best of what are it fill project could be and they concur with all or the conditions imposed by the Planning Board, including the 21 foot height limit. Holly ,dean Larson, 852 5th Avenue W.N., also spoke in favor or The Meadows and stated they are marketing to empty nesters and retired persons. Sher mentioned several names of people who support this project. Christine l orn.rr ereir , Thomas Dean & Hoskins, stated she is representing vestvie v Business Center #2 and asked that Condition 6 be clarified so that they have the option to either replace the street trees or have it bonded so that Parks and Recreation can do it. E. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/I. ORDINANCE 1582 — SENDING ORDINANCE 847 RESIDENCY REQUIREMENTS — 2ND READING Ordinance 1582 amends the residency requirements for City department heads and their assistants to live within three riles or a 15-minute response time from the City limits. Ordinance 15 82 passed on first reading August 21.. Atkinson moved -second reading of Ordinance 582, an ordinance to repeal ordinance No. 847, o amend ordinance No. 945, to establish residency restrictions for employees of the City o Kalispell and declaring the policy therefore and declaring an effective date. The motion was seconded. Kenyon asked Patrick how many employees use City vehicles to get to and from work. Patrick responded that very few of them do and the impact of this ordinance would be minimal. Hafferman stated he voted against this on first reading because he reels a department head should be a resident of the City, or at least live within the growth policy area. He stated he can support the three mile limit but not the 15 minute time limit and he will vote against it again. Atkinson concurred with Hafferman about department heads residing in the City limits, but stated we cannot force therm to. Where was further discussion. Kalispell City Council Minutes Sept 5, 2006 Page 2 The notion carried upon roll call vote with Atkinson, Herron, Kenyon Klesner, Olson and Mayor Kennedy voting in favor, Hafferman voting against, and. Gabriel and Larson absent, 2, RESOLUTION 5144 — ANNEXATION — THE MEADOWS This is a request for annexation of approximately 14 and a half acres located on the south side of Four Mile Drive, vest of the intersection of Four Mile Drive and North Haven Drive. Herron moved Resolution 5144, 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 1, Township 28 North, Range 22 West, P,M,M#, Flathead County, Montana, to he known as Meadows Addition No. 3 ; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded,. Jentz gave a staff report on the annexation and answered questions regarding Four Mile Drive, street designs,, and traffic impacts. There was further discussion. The motion carried unanimously upon roll call vote with Gabriel and Larson absent. E 3. ORDINANCE 1583 — INITIAL ZONING WITH A PLANNED UNIT DEVELOPMENT OVERLAY — THE MEADOWSINC. — FIRST READING This is a. request for a zoning designation of - , Two Family Residential, on the property listed above. The zoning; would include a PUD overlay to allow for 138 condominium units with a mix of multi -family buildings. Herron moved first reading of Ordinance 1583, an ordinance to amend Section .0 .01 , official zoning; snap, City of Kalispell Zoning ordinance, (ordinance No. 1460), by zoning certain real property more particularly described as Tract 4 located 'in Section 1, Township 2 North, Range 22 West, #M.M., Flathead County, Montana (previously zoned County SAG-10, Suburban Agricultural) to City R-4 (Two Family Residential), with a Planned Unit Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Jentz gave a staff report and answered questions. Atkinson lamented the lack of a grid street system in this area and asked if there 1s a possibility to connect to the next development. There was further discussion on the detention pond, traffic impacts, Four Mile Drive, and possible future connecting routes in the area. Mayor Kennedy said she would like to have a work session on detention retention ponds. Kalispell City Council Minutes Sep t , 2006 'age Herron commented this is infill, it is what the community asked for, and it is a good project. Mayor Kennedy stated this is a good development and praised the developers for listening to the neighbors and doing what they could about the height issues, however7 she also expressed concerns w ith the stop lights on Highway 93. She asked that the letter be sent as soon as possible to MOOT concerning the light at Highway 93 and Four Mile Drive, adding she would also like the letter to address concerns with Highway 93 and Northridge. The motion carried unanimously upon roll call vote with Gabriel and Larson absent. E , RESOLUTION 5145 — PRELIMINARY PLAT — WES VIEW BUSINESS CENTER 2 This is a request by Medical Arts Pharmacy for preliminary plat approval for a resubdivision of two existing lots within the Westview Business Park into three lots. Kenyon moved Resolution 51.45, a resolution conditionally approving the preliminary plat of Westlew Business Center 2, more particularly described as Lots 2 and 3 of Westew Business Center, located in portions of the Southwest Quarter of the Southwest Quarter o Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, 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 Gabriel and Larson absent. E . RESOLUTION 5 — FINAL PLAT — SHINING MOUNTAIN CHURCH Shining Mountain Church is requesting; final plat approval for a residential subdivision that contains three residential lots on approximately one full city block located at 475 8th Avenue EX Kenyon moved Resolution 5146, a resolution approving the final plat of the R snh i ision of Lot I of North East addition, located in Section 81, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. entz gave a staff report and answered questions. There was no further discussion.. The motion carried unanimously upon roll call vote with Gabriel and Larson absent.. E . FINAL PLAT — EMPIRE ESTATES PHASE 5 This is a request for final plat approval of Empire Estates Phase 5, a residential subdivision which Kalispell City Council Minutes Sept 5, 2006 'ate includes 35 single-family lots and 34 townhouse se lots on approximately 12 acres in the northeast corner of the Empire Estates Subdivision. Kenyon moved Council accept the subdivision m ro ements agreement and approve the final plat for Empire Estates Phase 5. The notion was seconded,, Jentz gave a staff report and answered questions. Mayor Kennedy asked that the bondillig be watched closely on earlier phases of this development. The motion curried unanimously upon vote with Gabriel and Larson absent. E ' . FINAL PLAT — AMENDED LOTS 74-78 of ST ATFORD VILLAGE PHASE 3 This is a request for final plat approval for amended lots 74-78 of Stratford village Phase 3, a residential subdivision creating tern sublots on approximately 0.88 of an acre located along the east side of Stratford Drive at the intersection of Stratford Drive and Teal Drive. e. Kenyon moved Council approve the final plat for Stratford. village Phase 3. The notion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Gabriel and Larson absent. E . FINAL PIA `— CEDAR COMMONS This is a request for final plat approval of Cedar Commons, a residential subdivision which includes six lots and one common area lot on approximately one acre located On the east side of Third Avenue East, south of the intersection of Third .Avenue East and loth Street East, across from. the outlaw Inn. Kenyon moved Council accept the subdivision improvements agreement and approve the final plat for Cedar Commons. The notion was seconded. .entz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Gabriel and Larson absent. Kalispell City Council Minutes Sept , 20 Page E 9. FINAL PLAT — LONE PINE TRAILS SUBDIVISION .k . LONE PINE ESTATES SUDvSo This is a request for final plat approval of Lone Pine Trails, a residential subdivision which includes 29 single-family lots, 52 two -unit townhouse lots, and approximately three acres of parkland on 2 acres located south of Foys Lake Road. Kenyon moved Connell accept the subdivision improvements agreement and approve the final plat for Lone Pine Trails Subdivision. The motion was seconded. entz gave a staff report and answered questions. Where was further discussion. The motion carried unanimously upon vote with Gabriel and Larson absent* o* ORDINANCE 1584 — GRAFFITI ORDINANCE — IST READING Ordinance 1584 would require that any graffiti within the City limits be removed within . tell days. Kenyon loved first reading of Ordinance 1584, an ordinance re uir*ng the removal of graffiti placed on property in the City of Kalispell, establishing restitution requirements, establishing abatement measures for the failure to remove graffiti, authorizing the City Attorney to codify sale, and declaring an effective date. The motion was seconded. Garner gave a staff report and answered questions. Mayor Kennedy commented that the City has to take the lead in cleaning up graffiti on our own property. Where was o further discussion. The motion carried unanimously upon roll call vote with Gabriel and Larson absent. 1. ORDINANCE 15 — ZONING TEXT AMENDMENT — SPECIAL PARKING MAJNTENANCE DISTRICT No. 2 — IST READING This is ordinance would allow required parking within Special Parking Maintenance District No. 2, the downtown area, to be met by a cash -in -lieu payment and to expand the district boundaries to include the Kalispell Center Mall. Kenyon moored first reading of Ordinance 1585, an ordinance amending Sections '. .040 l and .2 .040 . of the Kalispell Zoning Ordinance, (Ordinances 1175, 1202 and 3 4 by a endln` off Street Parking Within Special Maintenance District No. 2" by expanding the district to include that area currently occupied by the Kalispell Center Mall l and by authorizing a cash -in -lieu payment to be wade in the alternative to providing on -site parking Kalispell City Council Minutes Sept , 20 Page spaces and declaring an effective date. The motion was seconded. Jentz gave a staff report and asered questiolls. There was no further discussion. The motion carded unanimously upon roll call vote with Gabriel and Larson absent. E 12, RESOLUTION 5147 — RESOLUTION of INTENT AND CALL FOR PUBLIC HEARING — IMPACT FEES FOR WATE%.----.SEWE& AND STORMWATER FACILITIES This resolution states the Counl's intention to consider the adoption of impact fees to fand capital improvements and schedules a public bearing for October 2. Atkinson moved Resolution 5147, a resolution of intent to establish impact fees for City o Kalispell Water, Wastewater and Stormwater Services pursuant to MCA 7-6-1601 through ' - -1 04, setting a public bearing and directing the City Clerk to provide notice therefore. The motion was seconded. Patrick gave a staff report and answered questions* Where was no further discussion. The motion carried unanimously upon roll call vote with Gabriel and Larson absent. E 13. POLICE CHIEF CONFIRMATION Council will be asked to confirms. Roger Nasset as the new Police Chief following the retirement o Frank Garner. The confirmation would be effective December 2. Patrick gage a. staff report. Kenyon moved Council approve the appointment of Detective Lieutenant Roger N sset as the Kalispell Chief of Pollee, effective December 29, Zoo , The motion was seconded. Hafferman stated he appreciated the Police Department promoting within the department. The motion carded unanimously upon vote with Gabriel and Larson absent. , MAYOR/COUNCIL/CITY MANAGER'S REPORTS � Action Mayor Kennedy reminded Council that at the September 18 meeting Jim Lynch of MDT will discuss the bypass. Atkinson thanked Frank Garner for the excellent work be has done over the years. Kalispell City Council Minutes Sept5,2006 Page Olson commented that the parking ordinance takes the pressure off for now, but we have to save downtown and we have to find a solution. Patrick distributed a pamphlet let created by Public Works employee Susie Tumer and D Q entitled "A Guide to Healthy Habits for Gleam Water''. He explained that as a Phase 2 City, we are required to provide educational materials to the public. Patrick stated for the public that information concerning impact fees will be on the we site under the Agenda link beginning Sept. 6. Patrick also asked that anyone interested in serving on the Police Commission seind a letter o interest to the City Clerk. G. ADJOURN The meeting was adjourned at :50 p.m. ATTEST: Theresa White City Clerk ---......................................................................... Pamela B. Kennedy Mayor Kalispell City Council Minutes Sept5,2006 Page