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07/03/06 City Council MinutesA. REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 00 ,M. MON AY, JULY 3, Zoo , IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MoN ANA. MAYOR PAMELA B. KENNE Y PRESIDED. COUNCIL MEMBERS KARI GABRIEL, BOB HERON, BOB HAFFERMAN, RANDY KENYON, M KLESNEK DUANE L.RSON AND HANK O SON WERE .PRESENT. COUNCIL MEMBER. JIM A KINSoN WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, :Police Chief Frank Garner, Assistant Fire Chief of Prevention gent Christopherson, and Senior Planner Sean Conrad. Mayor Kennedy called the meeting to order and led the Pledge or Allegiance. A. ,AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL .. Council Minutes — Reaular Meeting — June 1 200 2. ordinance 15 76 — Initial Zonin sin er Pro ertics LLC and Lyle & Joanne Davis — 2n Readima Eisingcr and the Davis' are requesting a zoning designation of B-2, General Commercial, on 15.4 acres located at 1545 and 2563 Highway 93 North, at the northeast corner of Highway 93 North and West Reserve Drive. ordinance 1576 passed unanimously on first reading June 1. Kenyon moved o al of the Consent Agenda. The motion was seconded,, There was no discussion. The motion carried unanimously upon vote with Atkinson absent. , STUDENT ISSUES None. PUBLIC COMMENT Julie Keyes, WalM rt More Manager, presented the fire department with a Safe Neighborhood Heroes Grant in the amount o $2,500.00. Kalispell City Council Minutes July , 2006 'age Erica Wirtala, Sands Surveying, spoke in support of the a nexatio , zoning, and preliminary plat approval of Diamond Ridge Estates subdivision, asking the council to accept cash -in -lieu of payment in substitution of park land as recommended by the planning board. Hubert Turner, 1053 Stillwater Road, developer for Empire Estates, explained why they are requesting a preliminary plat amendment and asked the Council to approve the location change for the park, adding it's the developers' right to design a subdivision. Patty Arm st n, Northern Lights Boulevard, thanked the police department for the extra patrol in the neighborhood, Bob Leu , 101. Northern Lights Boulevard, also thanked the police department and thanked the Council for passing an ordinance prohibiting truck traffic and asked that the sign be installed as soon as possibly. E. REPQRTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E 1. ORDINANCE 1577 — PROHIBITING TRUCK TRAFFIC ON NORTHERN LIGHTS BOULEVARD — 2ND READING The Police Department has encountered a number of significant issues involving truck traffic o Northern Lights Boulevard. ordinance 1577 passed on first reading June 19 with one amendment also prohibiting through bus traffic. Kenyon moved second reading Ordinance 1577, an ordinance amending Kalispell City Ordinances N . ' 1 907 and 1196, codified as Kalispell City Code 1 -48-2 prohibiting trucks s on certain streets and declaring an effective date. The motion was seconded. Patrick gave a staff report and answered questions. Larsonsaid he has received reaction from several people living on Northern Lights stating buses are not a problem and he questioned whether the addition of buses in the ordinance should be removed, Patrick said the school district understands Gourd 's position and officials have indicated that the school has no intention of using Northern Lights Boulevard except in an emergency. Mayor Kennedy commented she had an issue adding buses to the ordinance because negotiations with the school district are not complete, however, she will support the second reading because she firmly believes that trucks should be limited. The motion carried unanimously upon roll call vote with Atkinson absent. E 2. RESOLUTION 512 — ANNEXATION — RIEBE AND WEBSTER Allen and Virginia Riob , William and Cindy Rib , and Polly Webster are requesting; annexation of approximately 13 acres located at 386 and 394 Three Mile Drive. ai ispelt City Cou nd I Minutes July 3, 2006 Larson loved Resolution 5124, 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 12, Township 28 North., Barge 22 West, P.M.M., Flathead County, Montana, to be known as Rie e[Webster Addition No. 3 ; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Conrad gave a staff report on the annexation and zoning and answered questions. There was no discussion. The notion carried unanimously neon roll call vote with Atkinson absent. E 3. ORDINANCE 15 —INITIAL ZONING — RIEBE AND WEBSTE — IST READING The Rlebes and Webster are requesting a zoning designation of City -2, Single Family Residential on the above mentioned ed property. Larson moved first reading of Ordinance 1578, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning ordinance, (Ordinance No. , by zoning certain real property described as Assessors Tracts 3ABB, 3AC, 3AD, 3A , and 3ACA located in Section 12, Township 28 North, Range 22 West, .M.M., Flathead County, Montana (previously zoned County R-1 Suburban Residential) to City -2 (Single Family Residential), in accordance with the Kalispell Growth Polley 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 absent. E . RESOLU ION 1 5 — PRELIMINARY PLAT — DIAMONDDLAMOND RIDGE ESTATES - The . e e' s and Webster are also requesting preliminary plat approval of Diamond Ridge Estates, residential subdivision. creating 23 sin.gle family residential lots on the above mentioned property. Gabriel moved Resolution 51251, a resolution conditionally approving the preliminary plat o Diamond Ridge Estates, more particularly described as Assessor's 'bracts A-B, 3AC, 3.AI , 3A , and 3ACA, located in Section 12, Township 28 North., Range 22 West, .M.M., Flathead County, Montana. The motion was seconded. Conrad gave a staff report and answered questions. Olson stated everyone knows homer he feels about accepting cash in lieu of parkland, and if anyone else would like to see a park in this area he would be willing to .make an amendment. Kalispell City Council Minutes July 3, 2006 Page Larson said he agrees with the planning board that because of the large lot size, this subdivision doesn't need an extra park. Kl es .er stated "s more concerned with the storm water runoff than the homeowners park, but he does feel there should be a City park in the area. Haf `erman agreed with Larson, adding these are large lots that dive the homeowners an opportunity o .have a play area on their property and he feels the cash -in -lieu of can be -used more effectively in an established park or a park program. Olson said the problem is if parklands are not established now, they never will be. He said the Council is using the same wisdom they used for not requiring sidewalks in several parts of town and now there are large areas without sidewalks. s. Gabriel commented that Olson has persuaded her and she would like to make an amendment. Gabriel moved to amend Condition. #5 to read: "The developer shall provide a minimum o . 14 acres in park area in the vicinity of lots 6, 7 and 8. A development plan for the parkland shall be reviewed and approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational component with the development and not simply left as passive open space. A homeowners association shall a created for the on -going maintenance of the park." The notion was seconded. .arson, Kluesner, Herron, and Kenyon spoke against the amendment. The amendment failed upon vote with Gabriel and Olson voting in favor, H fferm n, Herron', Kenyon, Klnesner, Larson, and Mayor Kenney voting against, and Atkinson absent. There was no further discussion. The main motion carried upon roll call vote with Gabriel, Haffermanl Herron, Kenyon, Klnes er Larson, and Mayor Kennedy voting in favor, Olson voting against, and Atkinson absent. E . RESOLUTION 5126 —PRELIMINARY FLAT AMENDMENT —EMPIRE ESTATES PHASE 5 Due to a change in access to Empire Estates Phase 5 and a redesign of the subdivision roads, Wayne Turner is requesting the addition of seven lots to the 64 preliminary approved lots. Kenyon moved Resolution 5126, a resolution approving certain revisions to the preliminary plat of Empire Estates Phase 5, more particularly described as a portion of Assessor's Tract 3 of Empire Estates located in the Southwest of Section 1, Township 28 North, Range 22 west, P,M.M., Flathead County, Montana. The motion was seconded. Kalispell ity Council Minutes July 3, 2006 Page Conrad gave a staff report and answered questions. There was discussion concerning n the bike path. affernnan commented he feels bike paths should be asphalt} not concrete. He said .in.'s a lot softer if you fall and it doesn't heave like concrete. Conrad responded the reason they recommended asphalt is because the homeowners will be maintaining the path and asphalt is cheaper to maintain. Olson moved to amend Condition #6 to read: "A homeowners park shall be shown in the area of lots 3, and In lock 1 9 . The park shall be a minimum size o ,000 square feet'. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson absent. Hafferman moved to amend Condition #7 that the bike path be constructed out of asphalt not concrete. The motion was seconded.. There was discussion. The motion failed on a tie vote with Hafferman, Herron, Kl esner, and Larson voting In favor, Gabriel, Kenyon, Olson, and Mayo- Kennedy voting against, and Atkinson absent. The main motion as amended once carried unanimously on a roll call vote with .Atkinson absent. E . RESOLUTION 5127 — RESOLUTION of INTENT AND CALL FOR PUBLIC HEARING — GROWTH POLICY AMENDMENT — HIGHWAY 93 NORTH This is a resolution of intent to amend the growth policy by expanding the boundaries of the policy northward using the Stillwater River as the western boundary, Church and Birch Grove Drives as the northern boundary, LaSalle to Rose Crossing over to the Flathead River as the eastern boundary, and Reserve Drive as the southersouthem boundary. A public hearing will be scheduled for July 17. Gabriel moved Resolution 5127, resolution o intention to adopt, revise, o reject recommended amendment to the Kalispell Growth Policy 2020. The motion was seconded. Conrad gave a staff report and answered questions. Herron commented this is an opportunity for the City to get "ahead of the curve'' and look at planning in the best possible light and make sure there are adequate parks, bake paths, etc. Kalispell City Council Minutes July 3, 2006 Page Gabriel made a friendly amendment to change Birch Drive to Birch Grove Drive. 'there was no objection. .mayor Kennedy noted the Council will not take any action on the growth policy amendment t on July 17, the evening of the public bearing. The notion carried unanimously upon roll call vote with Atkinson absent. 7, ORDINANCE 1579 —ADDITIONAL STREET ASSESSMENT RATE CATEGORY -� Ordinance 1579 creates a fifth rate category in the street assessment rate schedule to cover tax exempt properties. Gabriel novel first reading of Ordinance 1579, an ordinance amending ordinance 1475 by creating an additional category for Tax Exempt Properties that are subject to street assessments,. modifying language to clarify the commercial categories, and declaring an effective date. The motion was seconded. Patrick gave a staff report. Larson stated traditionally non-profit organizations have been tax exempt because they provide a service to the community. He said the principle should be the sane with assessments and he opposes the ordinance. Olson asked for some examples of different properties and the change in the amount of the assessments. Patrick answered he doesn't have those figures at the moment. Olson moved to table ordinance 1579 until July 17 pendingmore information. The motion was seconded. The motion carried unanimously upon vote with Atkinson absent. E/8. ORDINANCE 1580 — ADDITIONAL STORM DRAINAGE ASSESSMENT RATE CATEGORY — IST READING Ordinance 10 creates a fifth rate category in the storm drainage assessment rate schedule to cover tax exempt ro e `ties. Larson moved first reading of ordinance 1580, n ordinance amending ordinance 1476 by creating an additional category for Tax Exempt Properties that are subject to storm sewer assessments', modifying language to clarify the commercial categories, and declaring an effective cute. The notion was seconded. Kalispell City Council Minutes July 3, 2006 'age Larson moved d o table ordinance 1580 until July 17. The motion was seconded. The motion carried unanimously upon vote with Atkinson absent.. MAYS Co UNCI CY MANAGER'S REPORTS No Action Mayor Kennedy announced there will be a Technical Advisory Committee meeting on July 1.0 starting at 1:30 in the Montana Department of Transportation building. She said the bypass will be discussed. Ha Ferman asked that the link to Flathead Lakers should be removed from the City's websi e because he thinks the information is misleading if people are looking at the "depth to groundwater" as being 50 feet. Patrick invited everyone to an open louse on the preliminary floodplain map for Flathead County o July 17 at the Earl Bennett Building; starting at :00 p.m. G, ADJOURN The meeting was adjourned at 837# . ATTEST: ............. Teresa White City Clerk Approved July 17, 2006 Kalispell Cy Council Minutes July , 2100 Page