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1. Council Minutes - Regular Meeting February 7, 2005A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, FEBRUARY 7, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, AND HANK OLSON WERE PRESENT. DUANE LARSON AND JAYSON PETERS ARRIVED FOLLOWING ROLL CALL. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Community Development Director Susan Moyer, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Police Chief Frank Garner, Public Works Director Jim Hansz, Tit -City Senior Planner Narda Wilson, and Zoning Administrator PJ Sorensen. 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. CONSENT AGENDA APPROVAL Council Minutes —Regular MeetingJanuary 18, 2005 2. Award Bid — WWTP Secondary Clarifier Rehabilitation Project Two bids were received for the rehabilitation of the Wastewater Treatment Plant's secondary clarifiers. Swank Enterprises of Kalispell bid $429,578 and Sletten Construction of Great Falls bid $521,000, Staff recommended the bid be awarded to Swank Enterprises. 3. Ordinance 1523 —...Zoning. Enforcement Amendment — 2nd Reading This ordinance amends the enforcement section ofKalispell's zoning ordinance to make any violation a civil infraction instead of a criminal misdemeanor. Ordinance 1523 passed on first reading January 18th. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT David Walker, 1405 Whalebone Drive, read a written statement in favor of the Mountain Vista Kalispell City Council Minutes February 7, 2005 Page 1 Estates Subdivision. (Statement is attached and by this reference is made a part of the official record) Dawn Marquardt, Marquardt and Marquardt Surveying, also read a statement in favor of the Mountain Vista Estates Subdivision. (Staterent is attached and by this reference is made a part of the official record) E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Ell. RESOLUTION 4971— AUTHORIZE HOME GRANT APPLICATION AND CALL FOR PUBLIC HEARING The Community Development Department is requesting authorization to prepare a HOME grant application in the amount of $324,500 to provide down payment and closing cost assistance to a minimum of ten first-time homebuyers. A public hearing will be scheduled for February 22nd. Peters moved Resolution 4971, a resolution authorizing submission of a grant application to the Montana Department of Commerce Home Investment Partnerships Program ("HOME") and setting a date for a public hearing. Moyer gave a staff report. Peters commented $300,000 for ten people seems excessive. Moyer responded that the average median price for a home in Flathead County is S 184,000. She said it takes at least $30,000 to get people into homeownership. Atkinson stated this is an excellent program and he complimented the Community Development Department for the "good work they do in the City of Kalispell and for all of Flathead County". The motion carried unanimously upon roll call vote. E12. RESOLUTION 4972 — ANNEXATION — MOUNTAIN VISTA ESTATES This is a request by Touchstone LLC for annexation of approximately 50 acres located on the northeast corner of Three Mile Drive and Fare. to Market Road. Larson moved Resolution 4972, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described as Parcels A & B of Certificate of Survey #16084 in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Touchstone LLC Addition No. 357; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. There was discussion on whether a staff report should be given on just the annexation, or on the annexation, zoning and preliminary plat requests. Mayor Kennedy asked for a staff report on all three issues. Kalispell City Council Minutes February 7, 2005 Page 2 Wilson explained the applicants requested a zoning designation of City R-2 with a PUD overlay. She said the strict R-2 zoning has a minimum lot size requirement of 9,600 square feet and a minimum lot width of 70 feet. Under the PUD the applicants were asking for a reduction in some of the lot sizes with the lots on the east side of the BPA power easement generally being in compliance with the minimum lot size requirement, and the lots on the west side of the power easement generally not complying with the minimum. Wilson noted that staff recommended amending the proposal to R-3/PUD zoning because the lots within the development more closely reflect that zoning designation with regard to lot size and the proposed five foot side yard setbacks. She said the planning board was concerned about the overall density of the subdivision and felt a better design could be met with a ten foot side yard setback rather than five feet. The planning board is recommending that the density within the subdivision be reduced by requiring all of the lots to comply to the minimum lot size requirement of the 9,600 square foot R-2 zoning designation, while at the same time allowing the retention of the two -unit townhouses that are indicated on the plat. Wilson said this would require a redesign of the subdivision that would ultimately result in the loss of twelve to sixteen lots. She concluded that on behalf of the planning board staff is recommending the Council adopt the resolution annexing the property; adopt the first reading of the ordinance for an R-2/PUD zoning designation that requires increasing the size of the lots to comply with the R-2 zone development standards; and approve the preliminary plat with the modifications to increase the lots to comply with the R-2 zoning designation. Hafferman asked if the plan as submitted conforms to an R-2 zone with a PUD overlay. Wilson answered it complies with the R-2 density, but it doesn't comply with the dimensional standards of the strict R-2 zoning because most of the lots don't have a minimum 70 foot lot width or a minimum 9,600 square foot lot size. She said it more closely reflects a standard R-3 designation with a 60 foot minimum lot width and a 7,000 square foot minimum lot. size. Haffennan commented there is no doubt in his mind that the City will grow into that area in the near future, but in the meantime "we're sending a long, narrow tentacle out quite a ways that is going to be costly to maintain our infrastructure and extremely costly and unsafe for our emergency services". He said if the legislature wasn't in session, he would recommend that because of the distance the City not annex right now, but instead allow the developer to connect to the utilities, design to City standards, and waive the right to protest future annexation. Hafferman added, however, there is a bill "floating" around in the legislature that may nullify waivers. He noted a cost of services analysis was not provided with the annexation request, adding he doesn't "understand why the staff is hesitant to provide information to the Council as to the cost of City services and the expected income from the development". He said he ran his own analysis and found that under an R-2 zoning designation, the lots in this subdivision would almost pay for themselves at 75 percent build out if the subdivision were contiguous to the City. Under an R-3 zoning designation which closer resembles City lots, the subdivision would pay for itself. Hafferman said the planning board threw a curve when they recommended condition 423 stating the lot sizes be in accordance with R-2. He said he agrees with staff s recommendation for an R-3 zoning designation and recommended condition #23 be deleted. 4n a separate issue, Haffenman commented that the proposal for a fire station lot "really snakes this project attractive". He said if a lot is obtained, the Council should encumber the deed with a statement that "this lot shall not be sold, it may be traded, if a more desirable location is offered to the City". He said this would avoid another "fiasco like we had with Home Depot when we sold two acres for $50,000 and now we're scrambling to find two acres that are going to cost a lost more". Kalispell City Council Minutes February 7, 2005 Page 3 Wilson stated she feels staff has addressed the fire station issue with condition #9 which states: "That the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development". Mayor Kennedy commented "conveying" sounds like the property will be given to the City, but the developer has indicated the property would be sold to the City. Wilson said she believes the Fire Chief and the developer have been in negotiations and they have agreed on a well -below market price for the property. Herron asked what "below market" means. Mayor Kennedy said the purchase price will come later; right now the land is just being set aside. Herron said if staff is "negotiating numbers, I think it's important for us to know what those are". Patrick said at the time of final plat the Council would be asked to approve the terms of the agreement. Patrick noted even though staff has been talking with the developer, the City has not been obligated in any way to purchase that land. Herron noted that Wilson commented at the planning board hearing that "...short of a gas tax, we can't upgrade the roads right now; staff is recommending a waiver to protest the creation of an SID...". He said at some point the City has to do something about the roads and just stating there isn't any money isn't the answer. Herron said at some point the City has to get creative. Patrick said the City is currently working on a cost based fee analysis and it appears the City may be getting a little help from the legislature through impact fees. Herron commented he hopes the homeowners buying these lots understand there will be costs involved with the waivers of an SID. There was further discussion concerning the R-2 designation and the lot sizes. Olson asked why the planning board didn't accept staff s recommendation for an R-3 zoning designation. Wilson said the planning board, on a 4-3 vote, opted for an R-2 zoning designation in order to reduce the density and increase the setbacks. Hafferman suggested the Council amend the resolution to make the zoning designation R-3. Larson asked if the setback issue would be addressed if the Council amends the zoning to R-3. Wilson said if the Council wants to approve what the developer has proposed, and not follow the planning board's recommendation, you would have to delete condition ##23 in the zoning ordinance and the preliminary plat and that would bring you back to the original development proposal. Kalispell City Council Minutes February 7, 2005 Page 4 Hafferman moved the Council delete condition #23. Mayor Kennedy stated the motion is out of order until the Council addresses the zoning and preliminary plat. There was further discussion. The motion carried unanimously upon roll call vote. E13. ORDINANCE 1524 — INITIAL ZONING — MOUNTAIN VISTA ESTATES — 1ST READING This is a request by Touchstone LLC for an initial zoning designation of R-2, Single Family Residential, with a Planned Unit Development overlay. Atkinson moved first reading of Ordinance 1524, an ordinance to amend Section 27.02.010, Official Zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property as more particularly described as Parcels A & B of Certificate of Survey #16084 in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County AG-20, Agricultural and SAG-10, Suburban Residential) to City R-2 (Single 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. Hafferman moved condition #23 be deleted. (The lots within the development be amended to comply with the size dimensional and size requirements of the R-2 zoning district) The motion was seconded. Peters commented if the Council leaves condition #23 as written, then the developer loses fourteen to sixteen lots. He said he wants to make sure that if condition #23 is deleted the developer doesn't redesign the subdivision with a higher density. Wilson said condition 41 states that the development of the site shall be in substantial compliance with the application submitted. Peters suggested if the Council deletes condition #23 allowing the developer to do what was originally intended, then condition #9 should be "cleaned up" to state that at the time of final plat the property designated for the fire substation shall be conveyed to the City at no cost. He said he has no problem deleting condition #23, but if that is successful then he will be making a motion to amend condition #9. The amendment carried upon roll call vote with Gabriel, Hafferman, Herron, Larson, Olson, and Peters voting in favor, and Atkinson, Kenyon, and Mayor Kennedy voting against. Peters moved to amend condition #9 to state: "that the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost at the time of final plat submittal....". The motion was seconded. Kalispell City Council Minutes February 7, 2005 Page 5 Harball stated he's concerned that the Council is unilaterally saying the developer will give us the property. Wilson noted the condition merely states the parcel shall be conveyed to the City of Kalispell at the time of final plat submittal. She said if the language is left the way it is, it gives the staff the latitude to negotiate on behalf of the Council to achieve Peters' objective. Peters, after rereading the condition, agreed that the wording is satisfactory and wants the staff to know that it's his intent to have the property conveyed to the City at no cost. Mayor Kennedy expressed concern that by leaving the language as is, Peters may be setting himself up for disappointment. She said they heard something entirely different this evening and if it's the Council's intent to clarify the issue, then she suggested tabling the matter. Peters withdrew his motion to amend condition #9. The second concurred. (Patrick spoke with the developer) Patrick stated the original intent of the developer was to give the City a half acre, and charge a portion for the second half acre. He said under the circumstances, the developer has indicated he would give the entire acre to the City if condition 423 is deleted. Peters moved to amend condition #9 to state: "that the parcel indicated for the fire department substation be increased in size in accordance with the requirements of the Kalispell Fire Department and be conveyed to the City of Kalispell at no cost at the time of final plat submittal....". The motion was seconded. The amendment carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Larson, Peters, and Mayor Kennedy voting in favor, and Olson voting against. The main motion as amended twice carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Kenyon voting against. E/4. RESOLUTION 4973 — PRELIMINARY PLAT — MOUNTAIN VISTA ESTATES This is a request by Touchstone LLC for preliminary plat approval of Mountain Vista Estates, a 171- lot residential subdivision. Larson moved Resolution 4973, a resolution conditionally approving the preliminary plat of Mountain Vista Estates Subdivision, more particularly described as Assessor's Tracts 1 D and IDB located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Mayor Kennedy asked Wilson to address whether the City will have a sufficient easement with the bike and pedestrian path to widen Three Mile Drive and Farm to Market Road in the future. Wilson noted Farris to Market Road is at least 120 feet wide in that section which is sufficient to accommodate a future upgrade to at least four lanes. Kalispell City Council Minutes February 7, 2005 Page 6 Mayor Kennedy asked Wilson to comment on the homeowner's park. She said she understands a substantial area is set aside underneath the BPA towers and she wonders if that's an area in which children are going to want to play. Mayor Kennedy said she wonders if the area is really going to be a homeowner's park, or just green space. She also questioned whether the 1.52 acres dedicated for parkland on the far north side of the subdivision is large enough to accommodate the population. Wilson said that issue was mentioned in the staff report and the park area underneath the BPA easement is not considered part of the parkland dedication requirements. She stated that condition #7 notes there is approximately 29 and a half acres in lots generating a need for 3.25 acres in parkland. Wilson said the acre and a half park that is centrally located in the subdivision would be developed with the remaining cash in lieu equivalent in the amount of $32,220, which will be used for improvements to the park. She added that condition #5 requires a pedestrian trail be developed within the BPA easement. Wilson stated she feels once the acre and a half park is developed, it will meet the recreational needs of the subdivision. Olson commented he doesn't understand why the cash in lieu money will be used to develop the park. He said if it's a homeowner's park and will be private, why are we giving them the cash in lieu money? Wilson said the purpose of the park requirement is to develop recreational amenities within the subdivision. Site said if the City takes the park, then the City gets the maintenance costs. If the homeowners keep the park, then the maintenance is their responsibility. Olson asked who decides whether a park will be public or private. Wilson answered the City typically agrees to what the developer wants. Mayor Kennedy said she also has a problem using cash in lieu of dollars to develop a private park. She said normally this money would be used to develop public parks and if this is a private homeowner's park and cash in lieu is being used, then the parks requirement should be net for an additional one and a half acres of parkland. Wilson noted the subdivision regulations have a provision that states that parkland dedication requirements can be met through parkland dedication, park and park improvements, cash in lieu, or a combination. She said per the subdivision regulations, the developers can use that money for improvements to that park. Hafferman moved to amend conditions #9 and #23 to reflect the same changes as made in Ordinance 1524. The motion was seconded. The amendment carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Kenyon voting against. Atkinson said at a future date he would life a discussion concerning cash in lieu monies. Peters commented despite the fact there are a lot of things we don't like, he thinks the design for this piece of property will result in a quality development. Kalispell City Council Minutes February 7, 2005 Page 7 Gabriel agreed, stating the planning board also beat this project to death. She complimented Wilson and the developer for their hard work to fit this subdivision into the landscape. Gabriel noted that planning board member Jean Johnson pointed out that the alternative is septic systems near Spring Creek. The train motion as amended carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Kenyon voting against. E/5. RESOLUTION 4974 — PRELIMINARY PLAT AMENDMENT AND CALL FOR PUBLIC HEARING — SINOPAH SUBDIVISION This is a request to modify the preliminary design of Sinopah Subdivision, a 26 lot residential subdivision on approximately 5.5 acres located between North Meridian Road and Northwest Lane, north of Three Mile Drive. A public hearing on the request would be held on March 7th. Larson moved Resolution 4974, a resolution of intention to consider revisions to the preliminary plat for Sinopah Subdivision and to provide notice of this resolution as provided by law, and setting a public hearing. The motion was seconded. Wilson explained subsequent to Council approval of the subdivision on August 2, 2004, a more thorough engineering analysis of the infrastructure revealed some topographical challenges on the lots to the east of the site. She said the developer is requesting the Council modify the preliminary design which would shift the cul-de-sac to the west approximately 120 feet. She said the modification would eliminate the proposed landscape buffer along Meridian Road and create two lots along Meridian Road with the remaining lots accessed via the internal access road off of Northwest Lane. Wilson said since the change is considered significant, and rather than having the developers go through the entire planning process again, the City Attorney has suggested the Council hold a public hearing March 7th on the proposed change in order to provide an opportunity for comment. There was discussion and Wilson answered questions. The motion carried unanimously upon roll call vote. E/6. FINAL PLAT — NORTHLAND SUBDIVISION — PHASE I This is a request for final plat approval of Northland Subdivision Phase 1, a 25 lot residential subdivision and homeowners' park on approximately 7.5 acres located west of Northridge Subdivision and north of Meadowland Subdivision. Peters moved Council approve the final plat for Northland Subdivision Phase 1 and accept the subdivision improvement agreement. The motion was seconded. Wilson explained more than two-thirds of the required improvements have been installed and a letter of credit in the amount of $214,636.63 has been submitted to secure completion of the remaining improvements which consist primarily of curb, gutter, sidewalk and landscaping. Mayor Kennedy said in her opinion a final plat should be approved only when the main infrastructure is completed and right now there is no asphalt, street lights or fire hydrants in this subdivision. She said the first foundation has already been poured, without fire hydrants available, Kalispell City Council Minutes February 7, 2005 Page 8 and trucks have been getting stack in the mud since there is no asphalt. Mayor Kennedy questioned why the Council should go forward with final plat approval when drivable roads aren't even available. Larson noted one of the conditions of final plat approval was that fire hydrants shall be provided per City specifications at locations approved by the fire department prior to combustible construction. He said according to the staff report this condition has been met. Mayor Kennedy asked Wilson to comment. Wilson stated a letter from the Kalispell Fire Marshal dated December 15, 2004, states: "Fire hydrant locations and fire department access are approved by this department. Fire flow testing will be conducted by this department prior to combustible construction. As discussed, fire hydrants that are taken out of service for utility extension (Phase 11) shall be bagged to readily identify them as out of service. Fire hydrant outage shall be kept to the minimum time period necessary for utility extension. It is our understanding that temporary fire apparatus turnarounds will be provided with an all- weather surface at the intersection of Northridge Drive and Northrise Lane and at Southpark Drive (Phase I boundary)". Wilson also referred to the Subdivision Improvement Agreement, reviewed by the Public Works Department and certified by the engineer, which indicates all of the improvements related to the hydrants has been completed. Larson commented he thinks Mayor Kennedy has a valid concern because he remembers a large structure under construction that was lost because the fire trucks couldn't get to it. Sorensen commented it's the building department's policy to check with the fire marshal to make sure there are working fire hydrants and an all weather passable road prior to issuing a building pen -nit. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Larson, Olson, and Peters voting in favor, and Mayor Kennedy voting against. EI'i. FINAL PLAT — RIVER GLEN SUBDIVISION This is a request for final plat approval of River Glen Subdivision that plats 13 single family residential lots on approximately 3.4 acres located on the east side of South Woodland Drive north of Kelly Road. Peters moved Council approve the final plat for River Glen Subdivision and accept the subdivision improvement agreement. The motion was seconded. Wilson said the Council approved this subdivision subject to conditions on October 6, 2003, and all of the conditions have been met or otherwise adequately addressed. She said a letter of credit has been submitted to cover the cost of the remaining improvements and have submitted a check in the amount of $3,909 for cash in lieu of parkland. There was discussion concerning the subdivision's location. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes February 7, 2005 Page 9 E/8. RESOLUTION 4975 -- PRELIMINARY PLAT — LA MEW SUBDIVISION This is a request for preliminary plat approval of La Mew Subdivision, a three lot residential subdivision located on the north side of East Center Street between Fourth Avenue East and Woodland Drive. Gabriel moved Resolution 4975, a resolution conditionally approving the preliminary plat of La Mew Subdivision, more particularly described as assessors Tract 30-5 in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson explained this subdivision creates one lot where an existing house is located and two lots to the east. She said because of the configuration of the property one of the lots has a flag lot configuration while the other newly created lot fronts along East Center Street. Wilson noted staff is recommending Council approve this .minor subdivision subject to conditions, including a waiver of the creation of an SID for the upgrade of East Center Street to City standards sometime in the future, and that a shared access for these three lots be taken off of Center Street somewhere in the area of the existing driveway. Wilson answered questions. The motion carried unanimously upon roll call vote. E19. RESOLUTION 4976 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — AIRPORT TIF BOND This is a resolution of intent to bond for several City airport improvements and to schedule a public hearing for February 22nd. Gabriel moved Resolution 4976, a resolution of intent to bond certain projects within the Kalispell City Airport Redevelopment Plan, a qualified Montana Urban Renewal Plan, and to call a public hearing on the proposed sale of bonds. The motion was seconded. Patrick explained the purpose is to bond for $1.7 million dollars to purchase land currently owned by Red Eagle Aviation; improve the northwest ramp and taxiways, install the northwest utilities, an internal vehicle access road and an automatic vehicle security gate. Haffennan commented he realizes this resolution just calls for a public hearing, but added he's opposed to any more action on the City airport until the question of the tower is resolved and until the City receives a signed statement from the FAA that they will be participants. He said when he joined the Council he was told the City's involvement in the airport would be one million dollars which would come from the sale of the land. Hafferman said the City is now obligating the taxpayer for a much greater amount without any assurance from the FAA that they are going to participate. Patrick agreed the City doesn't have a signed document from. the FAA, but it does have a federal aviation list of approved projects in which Kalispell is scheduled for airport reconstruction. He said there are certain conditions that need to be met prior to receiving funding, but the pre -application grant forins have already been submitted and the FAA is aware of what we have been doing. Patrick said City Airport Manager Fred Leistiko has kept in frequent contact with the FAA and we are receiving assurances from them on the funding that will be coming back to the City. Kalispell City Council Minutes February 7, 2005 Page 10 Leistiko said the list that Patrick referred to is the National Plan of Integrated Airport Systems and shows all of the airports in Montana that have been approved for funding from 2005-2009. He says Kalispell is approved for funding out of airport improvement monies. Haffennan said he would still like to see a document with a "human being's signature" that says the FAA will participate with the City of Kalispell. He said all we have right now is an appropriation that can be pulled at a moment's notice and we shouldn't be obligating the taxpayers without the assurance of having something signed. Olson asked if the bond would be paid back when FAA funding is received or are the taxpayers going to pay it back. Patrick said there are two ways to retire the bond: through the FAA grants or through tax incremental financing. He said if the bond needs to be paid back through TIF monies, and that's a big if, the monies that we would be reimbursed for could be then used for other projects in the T1F district. Peters asked why the bond isn't being retired by the money the airport already has in the bank and commented that he wants to see the airport move forward, but he also doesn't want to "get so far involved in this that our negotiating stand point becomes one of desperation" Patrick said the Council has indicated in the past that it wants the money the airport currently has to be conserved for contingency -type projects the City isn't aware of He said a portion has already been used for land purchases and utility improvements, but "we're being very conservative with it". The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Hafferrnan voting against. EIIO. RESOLUTION 4977 — FIRE TRUCK REIMBURSEMENT The City is in the process of purchasing a fire truck and this resolution is necessary for expenditures made before bond proceeds are received. Gabriel moved Resolution 4977, a resolution relating to financing of certain proposed projects; establishing compliance with reimbursement band regulations under the Internal Revenue Code. The motion was seconded. Patrick explained that the City budgeted for a fire truck to be paid for from a FEMA Grant or financing. He said the City was unsuccessful in obtaining the grant so staff is recommending the truck be financed through a Board of Investment loan. Patrick said Brodehl has found a great deal on a fire truck and is asking for Council's approval of a down payment prior to closing on the BOI funding. Brodehl said the department has a chance to purchase a 2003 American La France fire engine pumper with all of the equipment for $280,000. He said this is a top of the line unit with only 188 hours on the engine and comes with a full factory warranty. Patrick said the price includes delivery and the cost to send the Chief and one other person to inspect the vehicle. Brodehl and Robertson answered questions. Kalispell City Council Minutes February 7, 2005 Page I l The motion carried unanimously upon roll call vote. V 71 7 OCI A DTI A DDtAVN'rAI[_'N'TC TL I�"NTW A 7 A "UIC"113V I l"A4111 V1' rV V ANT" C. / IL IL LVAl\L Ai L Vli\ a1TiLF\ 1 tJ — jL 1,.lil[xi_4-tjl AL T 11,]Vl\l. t. VATii Tlil I UC,T t"1,1 E7J STREET TREE COMMISSION Two letters of interest were received for openings on the Technical Advisory Committee and the Street Tree Commission. Mayor Kennedy explained that Mark Munsinger sent a letter requesting an appointment to the Technical Advisory Committee, and Tami Kreitinger sent a letter indicating she has an interest in serving on a board, however, she doesn't feel the TAC or the Street Tree Commission is where she would be best utilized. Mayor Kennedy said she informed her that several boards will have openings in April and to contact the City at that time. Mayor Kennedy recommended Munsinger be appointed to the Technical Advisory Committee. Gabriel moved to accept the Mayor's recommendation and appoint Mark Munsinger to the Technical Advisory Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy ac}knowled�yged the passing of Ron Johnson, {a long-time City employeewhopassed .][[l0[l C`I ille?"n i[T n" Hr4r4 ANT IQ TIP YI"f_T4 'l YY3 PYn_.4Ql Q' Inf;o4 [[T111 kP 11A1,4 Qf , ill [1 ttl lli9 IAI Pl1Yl PC�lt �.l[I �f uYY ue- Trinity Lutheran Church. Hafferman requested that a resolution be brought forth designating no parking on one side of the street on that portion of East California between 7th and Sth Avenue. He also asked for a cominent from the City Attorney on what kind of liability the City incurs when it annexes roads. Olson asked for a work session on cash in lieu of parkland. Mayor Kennedy suggested the cash in lieu issue, final plat requirements and road annexations be placed together on a work session as planning issues. Patrick also expressed his condolences to Ron Johnson's family, adding that a lot of the staff will be attending the memorial service on Wednesday. Kalispell City Council Minutes February 7, 2005 Page 12 G. ADJOURN The meeting was adjourned at 9:45 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes February 7, 2005 Page 13 Good evening council members, The developers have been working on the proposed Mountain Vista Estates Subdivision for nearly 8 months. After redrafting several lot layouts we arrived at a plan that both the developers and the Tri-City planning office thought met the needs of both the city and the public. We wish to thank Narda and her staff at the planning office for their help in the initial planning stages of the Mountain Vista Estates subdivision. And though we do appreciate the planning boards hard work and consideration of our application, we disagree with their recommendation to modify the request concerning the size of the lots and setbacks. We respectfully ask the Kalispell City Council to approve our application as submitted for the following reasons: The City of Kalispell has provided the impetus for growth on Three Mile Drive by its commitment to annex new subdivisions and the extension of city services. The Mountain Vista Estates subdivision is within the boundary of the Kalispell growth map. ■ Density is a function of infrastructure allowing the City of Kalispell to maximize its return on its investment on its water and sewer services. The planning boards recommendation for larger lots and greater setbacks would decrease the density of Mountain View estates Subdivision approximately 14 to 16 lots. The density of Mountain Vista Estates is 3.41 lots per acre, which is comparable with the other approved subdivisions along Three Mile Drive and consistent with the City of Kalispell growth policy. This density is well below the allowable limit of 5 lots per acre permitted in the R-2 zoning district. As part of the infrastructure, the developers are including a parcel of approximately 1 acre in size reserved for a future fire station for the City of Kalispell, based upon receiving the density as per the application. • With the commercial growth headed North and South of Kalispell and development to the east being limited by the river and the Evergreen area, doesn't it make sense to matte the best use of the ground that is available? Mountain Vista Estates will be a good neighborhood to live in providing owners with bicycle/walking paths along the perimeter as well as between internal roads, a park with amenities, and open space to take advantage of the expansive mountain views.. In summary, we believe the subdivision as submitted provides the City of Kalispell as well as the public with a well designed subdivision that effectively uses the infrastructure provided by the city and reinforces the cities commitment to developing Vilest within the city's master growth plan:. David Walker The plan you see before you tonight is the result of more than six months of consultation and planning. We were advised by the planning staff that this proposal should be submitted as an annexation into the city with a PUD overlay. The subdivision as designed has a density of 3.4 du/acre, well below the 5 du/acre allowed in a R-2 residential PUB. The developers of this subdivision will be extending city services to this site and installing 1.5 miles of curbs, gutters, sidewalks and paved streets, a 2 mile pedestrian/bike path, a 4 mile walking path and developing a homeowners park. They are asking that they be allowed to develop the site in conformance with the R-2 residential PUD density requirements as set forth in the zoning regulations. Late in the planning of this project we were put in touch with Randy Broedehl. He was interested in a site for a new fire station within the development. The developers have reworked the layout with a one -acre site available for the city to purchase for a fire station in the Northwest corner of the subdivision to meet the Fire Chief's requirements. buring the public hearing held in January, only one person expressed concerns regarding this development. The PUD overlay is supposed to provide "a mechanism for the developer to gain flexibility in lot sizes, housing types and site configuration that would not otherwise be allowed under the traditional R-2 zoning designation". As such, we are requesting that the developer be allowed flexibility in regards to the lot sizes and that the subdivision be approved as proposed. Dawn Marquardt