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1. Council Minutes - Regular Meeting August 1, 2005A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 1, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON, AND HANK OLSON WERE PRESENT. COUNCIL MEMBERS JIM ATKINSON AND KARI GABRIEL WERE ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Array Robertson, Public Works Director Jim Hansz, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Police Chief Frank Garner, Kalispell Planning Director Tom Je.ntz, Community Development Director Susan Moyer, 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. B. OATH OF OFFICE Mayor Kennedy administered the oath of office to Ward 4 Council appointee Tim Kluesner. C. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting July 18, 2005 2, Ordinance 1.544 --- Initial Zoning --- —Appleway Business Park — 2nd Readin This is a request for an initial zoning designation of B-2, General Business, for approximately 2 acres located on the south side of Appleway Drive and west of Meridian Road. Ordinance 1544 passed on first reading July 18. 3. Ordinance 1545 - Initial Zoning — Maple Grove Plaza --- 2nd Reading This is a request for an initial zoning designation of B-3, Community Business, for approximately one half of an acre located at the northeast corner of 8th Avenue EN and Washington Street. Ordinance 1545 passed on first reading July 18. 4. Ordinance 1546 _ Zoning; Ordinance Text Amendment -- Lighting Standards — 2nd Readin This ordinance sets lighting standards for residential and commercial development. Ordinance 1546 passed on first reading July 18. Kalispell City Council Minutes August 1, 2005 Page 1 Larson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. D. STUDENT ISSUES None. E. PUBLIC COMMENT Bill Astle, 705 Main Street, stated he represents applicants for a liquor license in Somers that was suspended because of the annexation of Old School Station. He said all of the inspections are complete and the liquor board has confirmed they will act on the application immediately if the annexation date is extended. Astle encouraged the Council to pass Resolution 5054 amending the annexation effective date to August 15. Art Mitton, 809 4ch Avenue West, stated he addressed the Council about two years ago on a problem with Russian Knapweed in a vacant lot on 10`h Street and 5th Avenue West. He said the weed is killing the grass and the City is negligent for not controlling it. Liz Harris, Montana West Economic Development, spoke in support of item #2, the engineering design study for Old School Station. She said it will be the first high amenity industrial park in the valley and urged the Council to make this investment and approve the study. David Downey, 344 6`h Avenue East, President of Friends of Lawrence Park, gave an update on Lawrence Park and spoke on a few things they would like to have done there. He also thanked Mike Baker, Chief Garner and the Council for all of their work and support of the park. Luwanna Pickavance, owner of the North Shore Bowling Center in Bigfork, stated they picked out a location in Somers to build a new bowling alley and then found out about the annexation of Old School Station. She said now they can't get a liquor license and you need one to run a bowling alley. Bill Rice, 155 East Nicklaus, spoke in favor of the Westwood Park Subdivision and said he will be available to answer questions. Chris Foster, 575 Highway 82, Somers, stated she has a bar in Somers that she cannot get a liquor license for and she feels the City did not follow its own procedures when it annexed Old School Station. She called the annexation a hasty decision and asked that the annexation date be extended long enough for the City to follow its established procedures. Charlie Howard, 2226 South Woodland Drive, stated he is representing the owners of Meadow Park Two Subdivision regarding the abatement request for the slough and asked the Council to approve the request. Kalispell City Council Minutes August 1, 2005 Page 2 F. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/1. RESOLUTION 5054 — ANNEXATION CLARIFICATION -- OLD SCHOOL STATION ADDITION #364 Council will consider setting the effective date of the annexation to August 1.5 on approximately 55 acres located 1.9 miles south of the City limits. Kenyon moved Resolution 5054, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, the real property described as Parcel A of Certificate of Survey #16337 in the SW 1/4 of Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Old School Station Addition No. 364; and to declare an effective date. The motion was seconded, Harball gave a staff report and clarified the processes involved. Hafferman stated that changing the date to August 15 may rectify an injustice to one of the public, but it will not rectify injustices done to other residents in the zone of influence; the injustice done to the city taxpayers; or to the tax base for rural volunteer fire departments. He said the annexation is not in accordance with the growth policy and he will vote against the resolution since the only solution is to de -annex the property. The notion carried upon roll call vote with Herron, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson and Gabriel absent. F/2. ENGINEERING DESIGN STUDY AGREEMENT — OLD SCHOOL STATION SID 344 Council will consider authorizing the City Manager to enter into an agreement with Morrison and Maierle, Inc. for engineering services related to the proposed Old School Station Special Improvement District. Herron moved that the City Council authorize the City Manager to enter into an agreement with Morrison and Maierle, Inc. for engineering services related to the design and construction of City -owned infrastructure in conjunction with the development of the proposed Old School Station Special Improvement District. Patrick gave a staff report and answered questions. Hafferman asked, "since when has the City administration designed infrastructure for developers"? He noted there are companies who could design this project in their sleep and unless there is some anomaly, this should be the responsibility of the developers. Kenyon stated that this issue has been uncomfortable for him and he voted against the annexation because the City did not go through normal procedures, but he added if it is the will of the Council that this go forward then he doesn't want to stop it at this point. He stated, however, he hopes this is a lesson for the staff that the City needs to follow its regular policies and procedures. Kalispell City Council Minutes August 1, 2005 Page 3 Olson agreed that the City needs to do a better job in the future, but added the City needs to move forward and take the next stela Mayor Kennedy stated the staff and the developer have done their due diligence, but perhaps there is an issue that needs to be dealt with at the State legislature level and the Department of Revenue. The motion carried upon roll call vote with Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson. and Gabriel absent. F13. ASSESSMENT ABATEMENT REQUEST— MEADOW PARK SUBDIVISION UNIT NUMBER TWO Property owners in Meadow Park Subdivision Unit Number Two are requesting special assessment abatements on the slough. Larson moved that the special assessments in Meadow Park Subdivision Unit Number Two be abated. The motion was seconded. Patrick gave a staff report and answered questions. Larson and Kluesner spoke in favor of the abatement. The motion carried upon roll call vote with Hafferman, Herron, Kenyon, Kluesner, Larson and Mayor Kennedy voting in favor, Olson voting against, and Atkinson and Gabriel absent. FA RESOLUTION 5055 — ANNEXATION — ROBERT AND GLENDA BROWN Robert and Glenda Brown are requesting annexation of approximately one half of an acre located on the northwest corner of 7th Avenue West, north of Sunnyside Drive. Kenyon moved Resolution 5055, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described as Lot 7 of Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Brown Addition No. 368; 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, zoning and final plat. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent. F15. ORDINANCE 1547 —INITIAL ZONING — ROBERT AND GLENDA BROWN — IST READING The Browns are also requesting an initial zoning designation of R-4, Two -Family Residential, upon annexation of the above mentioned property. Kalispell City Council Minutes August 1, 2005 Page 4 Larson moved first reading of Ordinance 1547, 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 Lot 7 of Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana (previously zoned County R-5, Two Family Residential) to City R-4 (Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent. Fl6. RESOLUTION 5056 — FINAL PLAT — WESTERN ACRES LOT 7 The Browns are also requesting a resubdivision of Lot 7 of Western Acres, a residential subdivision on the property listed above. Kenyon moved Resolution 5056, a resolution approving the final plat of Western Acres Lot 7, described as Lot 7 of Western Acres, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson and Gabriel absent. F17. ORDINANCE 1548 — PLANNED UNIT DEVELOPMENT — WESTWOOD PARK SUBDIVISION —1ST READING This is a request for a PUD on property zoned RA-1 to allow a 32-lot residential subdivision located at the northern terminus of Corporate Way between Two Mile Drive and Highway 2 West concurrent with Westwood Park Subdivision. Larson moved first reading of Ordinance 1548, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No.1460), by adding a planned unit development overlay on property currently zoned City RA-1, Low Density Residential Apartment, more particularly described as Assessor's Tracts 2CK, 2CII and 2CE located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana in accordance with the Kalispell Growth Policy 2020 and to provide an effective date. The motion was seconded. Jentz gave a staff report on the planned unit development and the preliminary plat. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent. Kalispell City Council Minutes August 1, 2005 Page 5 F/8. RESOLUTION 5057 — PRELIMINARY PLAT — WESTWOOD PARK SUBDIVISION This is a request for preliminary plat approval of Westwood Park Subdivision, consisting of 32 dwelling units in a two and three unit townhouse configuration on approximately 9 acres located at the northern terminus of Corporate Way between Two Mile Drive and Highway 2 West. Larson moved Resolution 5057, a resolution conditionally approving the preliminary plat of Westwood Park Subdivision, more particularly described as Assessor's Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Jentz answered questions. The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent. F/9. FINAL PLAT — DALEY FIELD LOT 3 This is a request for final plat approval of Lot 3 Daley Field Subdivision that plats seven commercial lots on approximately 7 acres located on the west side of Highway 93 South, opposite Kelly Road. Kenyon moved that the Subdivision Improvements Agreement be accepted and the final plat approved for Daley Field Lot 3. The motion was seconded. Jentz gave a staff report and answered questions concerning the road system. The motion carried unanimously upon vote with Atkinson and Gabriel absent. F/10. RESOLUTION 5058 — FINAL PLAT — MOSBY TRACTS This is a residential subdivision that creates two lots on approximately one half of an acre located on the south side of 14th Street East between 5th Avenue East and 7th Avenue East. Kluesner moved Resolution 5058, a resolution approving the final plat of Mosby Tracts, described as a portion of Assessor's Tract 5Q, located in Section 17, Township 28 North, Range 2.1. West, P.M.M., Flathead County, Montana. The motion was seconded. Jentz gave a staff report and answered questions. There was discussion about sidewalks. The motion carried upon roll call vote with Hafferman, Herron, Kenyon, Kluesner, Larson and Mayor Kennedy voting in favor, Olson voting against, and Atkinson and Gabriel absent. F/11. RESOLUTION 5059 — HIGHWAY 93 BYPASS FINAL RECOMMENDATION This resolution supports the Technical Advisory Committee's recommendation for the Highway 93 bypass final design. Kalispell City Council Minutes August 1, 2005 Page 6 Kenyon moved Resolution 5059, a resolution expressing support of the recommendation of the Kalispell Technical Advisory Committee and encouraging the Montana Department of Transportation to adopt the Highway 93 Bypass Configuration dated July 21, 2005. The motion was seconded. Patrick gave a staff report and answered questions. Jentz clarified that Council is being asked to approve the "Grand Vision" for the bypass, adding there will need to be some phasing involved until there is more money available for the additional interchanges. The motion carried unanimously upon roll call vote with Atkinson and Gabriel absent. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Mayor .Kennedy thanked the Chamber of Commerce and everyone involved with the air show, especially the citizens of Kalispell and the Blue Angels. Mayor Kennedy stated the sign ordinance has been drafted and it will be on the website shortly. She noted public comments are welcome and should be in writing and directed to the City Clerk. Olson said that we have become "sidewalk acceptable" and he appreciates everyone who works hard to make sure sidewalks are installed. Larson stated he wants the Council to think about passing ordinances that the City can't enforce. He said he's had complaints about parking on the streets in front of residences and it appears the "no parking over 72 hours'' ordinance needs to be "beefed up". He suggested having a work session on ordinance enforcement issues. Patrick stated there will be a bypass presentation by MDOT on Tuesday, August 9 from 5:00 pm to 8:00 pm at the WestCoast Kalispell Center Hotel and asked if Council would be willing to cancel Monday's work session and attend this instead. Council agreed to attend the presentation on Tuesday, August 9 in lieu of Monday's worksession. H. ADJOURN The meeting was adjourned at 8:50 p.m. Pamela B. Kennedy ATTEST: Mayor Theresa White City Clerk Kalispell City Council Minutes August 1, 2005 Page 7