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1. Council Minutes - Regular Meeting April 5, 2004A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. APRIL 5, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KART GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz, Finance Director Amy Robertson, Community Development Director Susan Moyer and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda with the removal of Agenda Item E/10, Final Plat Approval for Stratford Village Phase 3. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting —March 15, 2004 2. Award Bid — Annual Chipseal Project One bid was received for annual pavement maintenance. Staff is recommending the bid be awarded to JTL Group in the amount of $125,895. 3, Award Bid - Water Meters Only one bid was received for Phase 11 of the City's ongoing plan to replace old and inaccurate residential water meters. Staff is recommending the bid be awarded to Metron- Farnier for a bid of $360,290. 4. Award Bid — Water Main and Hydrant Materials Two bids were received for hydrant upgrade and replacement. Hughes Supply bid $91,625 and Northwest Pipe, $92,168. Staff is recommending the bid be awarded to Hughes Supply. 5. Award Bid — Water. System Electrical U ades Four bids were received to upgrade the City's water system electrical systems. The bids are as follows: Electrical Systems, Inc., $292,928; Pavilk Electric, $318,000; Robert Ross, $306,999; and Terrex Industries, $290,000. After reviewing all of the bids staff is recommending the bid be awarded to Terrex Industries, 6. Award Bid — Combination Sewer Cleaning and Vacuum Truck Two bids were received for a combination sewer cleaning and vacuum truck. Marie Sales bid $219,444.10 and Western Plains Machinery submitted a bid of $239,943. Staff is recommending the bid be awarded to Marie Sales. Kalispell City Council Minutes April 5, 2004 Page 1 7. Approve Certificate of Corporate SecretaH, Brokerage Account and Trading Resolutions This certificate authorizes the City to purchase investments with Multi -Bank Securities through Bear, Stearns Securities Corporation. S. Fire Department Promotion — Kirk Pederson Kirk Pederson joined the Kalispell Fire Department in 1994 and has been recently promoted to Lieutenant. Kenyon 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. HEAR THE PUBLIC Tom Denham, 167 Ritzman Lane, asked for Council's support of a community center for Glacier Village Greens by approving the conditional use permit. Erica Wirtala, Sands Surveying, spoke in favor of the Glacier Village Greens conditional use permit and the Buffalo Stage Professional Park final plat approval. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EII. CONDITIONAL USE PERMIT — GLACIER VILLAGE GREENS Glacier Village Greens Homeowners Association is requesting a conditional use pen -nit for a community center on the west side of West Nicklaus Avenue. Larson moved approval of the conditional use permit for Glacier Village Greens with the attached conditions. The motion was seconded. Wilson gave a staff report explaining the area to be used for the community center is currently a park. She said the existing access to the area will be upgraded to twenty four feet wide and parking exceeds what would be required. Wilson noted that staff is not recommending that sidewalks be installed along the frontage of this short area. Olson said if everyone drives to the center, he's concerned there will be overflow parking all along West Nicklaus Avenue and without sidewalks, people will be walking in the middle of the street. Wilson responded there is a painted pedestrian path that people use for walking or golf carts. Kukulski noted it's a decision for the Council to make. He said if the Council feels strongly that sidewalks should be installed, then that's a decision that can be made. Kalispell City Council Minutes April 5, 2004 Page 2 Olson moved that sidewalks be required. There was no second. Hafferman commented that he also suspects most people will walk to the center, however, there are people who will drive no matter how close they live. Hafferman moved a condition be added that the homeowner's association must place "no parking" signs on West Nicklaus Avenue if parking violations occur with regard to fire hydrants, mail boxes and drives. The motion was seconded. Larson asked how many violations it would take. Hafferman said the point is that this is the homeowners' problem. Kenyon noted that the use of the facility is for residents and their guests and is not to be used by the public. He said he doesn't think the amendment is necessary. The amendment failed upon roll call vote with Atkinson, Hafferman, Herron and Peters voting in favor, and Gabriel, Kenyon, Larsen, Olson and Mayor Kennedy voting against. The motion carried unanimously upon roll call vote. E/2. RESOLUTION 4870 — ANNEXATION REQUEST — RON AND SHARON DEMEESTER The DeMeester's are requesting annexation of approximately 1 acre located on the west side of 7th Avenue West and south of 1 Ith Street West. Kenyon moved Resolution 4870, 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 on Exhibit "A", located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as DeMeester Addition No. 342; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report. Herron commented "he's amazed that Sharon DeMeester finds that this Council is competent to make this land use decision." He criticized DeMeester for her lawsuit against the County Commissioners, stating she has been actively involved in collecting signatures on a petition to let people vote on land use issues. Herron said the Council will approve this annexation because the system works, adding "put away your lawsuits and your petition drives and let our community move forward". Hafferman said the growth policy states that a person can do whatever they want with private property as long as they follows the adopted rules and regulations. He said in this case the rules and regulations were followed and that is why he'll vote in favor of the annexation and zoning. Mayor Kennedy also spoke in favor of the annexation request. Kalispell City Council Minutes April 5, 2004 Page 3 The motion carried unanimously upon roll call vote. E/3. ORDINANCE 1494 —INITIAL ZONING — RON AND SHARON DEMEESTER-1ST READING The DeMeester's are requesting a zoning designation of R-4, Two Family Residential, upon annexation of the above mentioned property. Peters moved first reading of Ordinance 1494, an ordinance to amend Section 27.020.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as Assessor's Tract 9BA 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 R4 (Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Atkinson asked how the back lots will be accessed. Wilson said there will be shared access off 7th Avenue West with a single driveway. The motion carried unanimously upon roll call vote. E/4. RESOLUTION 4871 — ANNEXATION REQUEST— HIGHLAND DEVELOPMENT Highland Development is requesting annexation of approximately 67 acres located west of Northridge Subdivision and east of Stillwater Road. Kenyon moved Resolution 4871, 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 on Exhibit "A", located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Highland Addition No. 343; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson explained a planned unit development overlay is proposed for the 67 acres, with 6 acres identified as the bypass corridor. She said several phases are planned with the first phase being the Northland Subdivision consisting of 83 single family residential lots on approximately 31 acres. Wilson explained it would be accessed with the extensions of Hilltop Avenue and Northridge Drive to the east, and a connection to .Foxhill Drive to the south. There was no discussion. The motion carried unanimously upon roll call vote. E/5. ORDINANCE 1495 — INITIAL ZONING — HIGHLAND DEVELOPMENT — 1ST READING Highland Development is requesting a zoning designation of R-3, Single Family Residential, with a Planned Unit Development overlay upon annexation of the above mentioned property. Atkinson moved first reading of Ordinance 1495, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning Kalispell City Council Minutes April S, 2004 Page 4 certain real property as more particularly described on Exhibit "A", located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County SAG-10, Suburban Agricultural District) to City R-3 (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 stated he's concerned with construction traffic, stating heavy equipment should be kept out of residential areas as much as possible with Stillwater Road being the most logical access to the site. Hafferman moved a condition be added requiring "that trucks and other heavy equipment shall access the site from Stillwater Road that shall be developed during the first phase of the subdivision, and not through any existing residential areas. Other construction travel shall be kept to a minimum through residential areas". The motion was seconded. Mayor Kennedy asked how the condition would be enforced. Wilson said Stillwater Road makes the most sense, but if a grievance was lodged staff would first try the "friendly approach" and if that didn't work, then a misdemeanor complaint could be issued. The amendment carried upon vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Larson and Peters voting in favor, and Olson and Mayor Kennedy voting against. The motion as amended carried unanimously upon roll call vote. E/5. RESOLUTION 4872 — PRELIMINARY PLAT APPROVAL — NORTHLAND SUBDIVISION Highland Development is also requesting preliminary plat approval of an 83-lot single family residential subdivision on 30 acres. Peters moved Resolution 4872, a resolution conditionally approving the preliminary plat of Northland Subdivision, more particularly described as a 30.39 acre portion of Assessor's Tract 1CA located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Hafferman made a motion to add the same amendment to this resolution as made to the zoning ordinance: "that trucks and other heavy equipment shall access the site from Stillwater Road that shall be developed during the first phase of the subdivision, and not through any existing residential areas. Other construction travel shall be kept to a minimum through residential areas". The motion was seconded. The amendment carried upon vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Larson and Peters voting in favor, and Olson and Mayor Kennedy voting against. The motion carried unanimously upon roll call vote. Wilson gave a staff report explaining in a recent meeting with the Montana Department of Transportation, permanent uncontrolled accesses on the east and west sides of the bypass were discussed. She said during the interim, MDOT has indicated it will allow a road to be built and used as part of this subdivision until the bypass is constructed in this area. Wilson stated the staff would Kalispell City Council Minutes April 5, 2004 Page 5 favor a long range access onto the bypass from this area to avoid forcing traffic through Northridge Subdivision. She said there are some complicated transportation issues with this area, but she feels they have worked them out, including an access to Empire Estates, and she hopes the Council agrees. Peters asked if there is a way to create an access to the Waterford property and the sports field. Wilson answered it's been discussed, but nothing has been proposed. Atkinson said he's discussed traffic issues with several residents who are concerned about the extra vehicles and the safety of their children in Northridge, which doesn't have sidewalks. He said on the Northland plat, there's a cul de sac at the north end of Northland Drive that he would like to see opened up to create an access to the north. Wilson said the developers, on their own, have been working with the owners of Waterford to get a north -south connection to Four Mile Drive because they feel it will be important in the future. She commented that in her opinion, because it's private property to the north, it would be unfair to require a north -south connection. In addition, Wilson said the Waterford PUD is scheduled to sunset July 1, 2005 and if that property comes up for a new development plan, the Council will then get the chance to require the north -south connection. She added, however, it probably wouldn't be a bad idea to require an easement to the north for future right-of-way. Mayor Kennedy commented that a condition of that nature would make one of the lots in the subdivision totally unbuildable. Wilson answered the benefits of having a connection to Four Mile would outweigh any disadvantages. Atkinson moved a condition be added requiring "that a sixty foot easement for the extension of a future road and utilities shall be granted to the north on Northland Drive to allow for future access to Four Mile Drive". The motion was seconded. Olson stated if Waterford goes ahead with its development, the Council doesn't have any control over connecting the two roads. He suggested placing a time limit on the easement so the Council isn't tying this lot up forever for a road that will go nowhere. Wilson answered it's not unreasonable for the Council to require this easement as it's done in several instances in the past. Kukulski asked the Council to consider the condition because he feels the City needs to be doing everything it can to create a grid system in this area. Mayor Kennedy said this condition is being sprung on the developer at the last minute and asked for the developer's engineer to comment. Bruce Lutz, Sitescapes Associates, said the developers have had many conversations with the Waterford people and are trying to facilitate access. Mayor Kennedy suggested tabling the matter until negotiations with Waterford are complete. Kalispell City Council Minutes April 5, 2004 Page 6 Marvin Galts, developer, said he has been working with Waterford on this issue and asked the Council not to postpone their decision. He stated he doesn't have a problem setting aside that area. Atkinson said his motion doesn't state where the right-of-way will be, just that it will be to the north. He said he hopes it would impact the lot as little as possible. The amendment carried unanimously upon vote. Hafferman said if Ashley View Drive is going to be abandoned once the bypass is constructed, he suggested building it to as low as standard as possible. Kukulski responded this road would became a right -in, right -out access point to the bypass and would need to be built to standards. Hafferman said the alignment will still have to change. Kukulski said that without knowing what the design is, he would suggest the Public Works Department work with the developer so that the road isn't built to a point that it's going to be torn out. There was further discussion. The main motion as amended twice carried unanimously upon roll call vote. E/7. RESOLUTION 4873 — SUPPORT FOR US HIGHWAY 93 TRUCK BYPASS This resolution expresses the City's continued backing for the US 93 bypass and supports the idea of allowing a limited access point between Three Mile and Four Mile Drives. Atkinson moved Resolution 4873, a resolution to declare the support of the Kalispell City Council for construction of the Highway 93 Transportation Bypass around the City of Kalispell as outlined in the October 1993 Kalispell Bypass Feasibility Study. The motion was seconded. Kukulski explained that a right -in, right -out entrance to the limited access bypass between Three Mile and Four Mile Drives would greatly assist in moving vehicle traffic. He said because this entrance is not identified within the Environmental Impact Statement, an amendment will have to be made. Kukulski said since a review is already underway on the EIS because of other changes, the MDOT suggested the Council place the new entrance request in a resolution and send it to the State for evaluation. The motion carried unanimously upon roll call vote. E/8. RESOLUTION 4874 -- FINAL PLAT APPROVAL — BUFFALO STAGE PROFESSIONAL PARK This is a request for final plat approval of Buffalo Stage Professional Park, a four -lot commercial subdivision located on the west side of Whitefish Stage adjacent to Edgerton School. Larson moved Resolution 4874, a resolution approving the final plat of Buffalo Stage Professional Park, described as Parcel A of Buffalo Stage Phase II in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Kalispell City Council Minutes April 5, 2004 Page 7 Wilson gave a staff report. Atkinson commented that in the "recent past", Eagle Transit has been involved in site development for public transportation and thanked the City for having that opportunity. He said unfortunately, that's not the case in this instance and he's opposed to the design. Atkinson asked that in the future, designs are developed to help public transportation accommodate their customers. The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against. E/9. RESOLUTION 4875 — FINAL PLAT APPROVAL — EAST VIEW SUBDIVISION This is a request for final plat approval for East View Subdivision, a two -lot residential subdivision located on the east side of Grandview Avenue and north of Sunnyview Lane. Peters moved Resolution 4875, a resolution approving the final plat of East View Subdivision, described as Lot 2A of the Amended Subdivision Plat of Resubdivision of Hendrickson Addition No. 70, Subdivision No. 102, Government Lot 12 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote. E/10. FINAL PLAT APPROVAL— STRATFORD VILLAGE PHASE 3 Removed E/11. RESOLUTION 4876 — WASTEWATER TREATMENT PLANT PRELIMINARY ENGINEERING REPORT The preliminary engineering report for the expansion of the Wastewater Treatment Plant has now been finalized and Council adoption is requested. Atkinson moved Resolution 4876, a resolution to adopt the Kalispell Wastewater Treatment Plant Preliminary Engineering Report (PER) and to direct the City Manager to forward this resolution and the PER to the Montana Department of Environmental Quality. The motion was seconded. Hansz answered questions. The motion carried unanimously upon roll call vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy commended the community for its outpouring of support for the 495th National Guard Unit homecoming. Mayor Kennedy congratulated Council member Randy Kenyon on recently receiving the Dan George Memorial Award for outstanding work in the human services field. Kalispell City Council Minutes April 5, 2004 Page 8 Atkinson also thanked the community for the wonderful 495th homecoming and announced that the 889th Quarter Masters will be coming home around April 25th. Kukulski thanked the Northland Subdivision developer for coming forward and agreeing to the easement for a future connection to the north, stating that has been a question that has bothered staff for quite some time. Hafferrnan said he likes the idea of giving the developer an opportunity to comment prior to the final vote. G. ADJOURN The meeting was adjourned at 9:15 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes April 5, 2004 Page 9