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03/23/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MARCH 23, 20099 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTA.NA. MAYOR PA.MELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABR.IEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, HAND OLSON AND WAYNE SAVERUD WERE PRESENT, Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Acting Fire Chief Dan Diehl, Public works Director Jim Hansz, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Human Resources Director Terry Mitton, Planning Director Torn Jentz, Economic and Community Development Director Nellie Danielson, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Atkinson moved approval of the Agenda. The motion was seconded. There was no further discussion. The motion carried unanimously upon vote, B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meetin — March 2 2DD9 2. Council Minutes — Special Meetin —...March 9 2oD9 3. ordinance 1656 — Amending..Ordinance 1587 — Impact Fees ---- 2nd Readin This ordinance amends Ordinance 1587 establishing the procedure for contributions in lieu of impact fee payments to fund capital improvements. Ordinance 1656 passed unanimously on first reading March 9. Larson 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. Kalispell City Council Minutes March 23, 2009 Page 1 D, PUBLIC COMMENT Steve Eckels, 619 2nd Avenue west, asked that airplanes and helicopters using the municipal airport be included in the Disturbing the Peace section (19-10) of the Kalispell City Codes and that the police enforce the ordinance. Corey Johnson, 133 Sherry Lane, CTA Architects, spoke on behalf of the Spring Prairie PUD amendment. Doug Kauffman,1412 6th Avenue west, TD&H, spoke on behalf of the Cornerstone Church project. Merna Terry, 1505 whalebone Drive, read an entail she sent to Council asking members to reconsider enacting the transportation impact fees at this time. Mark Lalurn, 615 Country way, Cenex harvest States General Manager, presented a "petition's on behalf of the Chamber of Commerce to reconsider the transportation impact fees. David Mitchell, 249 Sherry Lane, spoke on behalf of the Cornerstone Church PUD and the developer's extension agreement for Silverbrook Estates. He noted that they met with MDT regarding the design and layout of the driveway for the PUD and feel they have taken care of the safety issue. He also asked for Council consideration regarding the 30-year term for the Silverbrook Estates developer's extension agreement. Greg Lukasik, Morrison & Maierle, on behalf of the Silverbrook Estates developer's extension agreement, noted they are asking for the 30-year life span based on a three percent growth rate. John DeNeeve, 670 Concord Lane, thanked Council for their integrity during the impact fee vote and stated he is disturbed that business people do not remember their responsibilities; this is about accountability and fairness. Howard Mann, 3154 Parkwood Lane, Silverbrook Estates developer, remarked that 30 years is a reasonable alternative for the developer's extension agreement and spoke in favor of the preliminary plat. He stated he will be available to answer any questions. Dennis Beams, 126 Ridgeview Drive, asked Council to reconsider the impact fees, stating they are creating incentives to build outside of the City. Jerry Reckin,160 Ritzrnan Lane, noted he is a member of the Impact Fee Committee and he believes some members of that committee have changed their minds about the transportation fees because of a conflict of interest. He said it is possible they may slow growth, but there will never be a "good" time for the fees. Mayre Flowers, Citizens for a Better Flathead, commented that we have to work together to use other tools in addition to impact fees (for example, SIDS and local option taxes), and urged Council not to compromise the fees any further and leave them as adopted. Kalispell City Council Minutes March 23, 2009 Page 2 E. PUBLIC HEARING — BUDGET AMENDMENT -- PUBLIC WORKS Hansz presented an update on the sewer facilities, stating the budget amendment to upgrade the Grandview Lift Station is necessary to accommodate the increased flow from new developments Mayor Kennedy opened the public hearing and asked for comments. Proponents None. Qpoonents None. Mayor Kennedy closed the public hearing. F. PUBLIC HEARING — BUDGET AMENDMENT -- PARKS & RECREATION The City Council accepted public comments on a proposal to create and designate a special revenue fund to operate the Parks and Recreation department. Mayor Kennedy opened the public hearing and asked for comments. Proponents None. Opponents None. Mayor Kennedy closed the public hearing. G. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION G/L RESOLUTION 5347 — BUDGET AMENDMENT -- PUBLIC ,WORKS Resolution 5347 authorizes staff to start the bidding process for the Grandview Lift Station Upgrade Project. Kenyon moved Resolution 5347, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2008-2009 budget adopted by the City Council. The motion was seconded. There was no discussion. Kalispell City Council Minutes March 23, 2009 Page 3 The motion carried unanimously upon roll call vote. G/2. RESOLUTION 5345 -- BUDGET AMENDMENT — PARKS & RECREATION Resolution 5345 would move the budgets for Parks, the Athletic Complex, Recreation, Youth Camps, and the Pool from the general fund to a special revenue fund effective April I. Saverud moved Resolution 5348, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2008-2009 budget adopted by the City Council. The motion was seconded. Robertson gave a staff report and answered questions. Olson noted that other departments have historically robbed the Parks and Recreation Department for money and the Council will no longer be able to take from the parks to help with the general fund. Kl.uesner emphasized to the public that creating this separate fund does not mean additional mills for the general fund. Webb answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. G13. DEVELOPER'S EXTENSION LATECOMERS AGREEMENT .. SILVERBROOK ESTATES The City's Extension of Services Plan specifies a maximum I 0-year period for Developer Extension Agreements. The developer of Silverbrook Estates is requesting a 30-year period. Larson moved Council approve the Developer Extension Agreement with 93 and Church LLC. The motion was seconded. Hansz gave a staff report and answered questions. Hafferman noted this agreement appears to have complicated a fairly simple problem and stated the developer would be better off by rewriting this agreement because it doesn't make sense. He commented it would be double-dipping with impact fees. Hansz emphasized this agreement has nothing to do with impact fees. There was additional discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman voting against. Kalispell City Council Minutes March 23, 2009 Page 4 G/4. RESOLUTION 5339 —PRELIMINARY PLAT — SILVERBROOK ESTATES PHASE 2 (TABLED FEBRUARY 17) This is a request by 93 & Church, LLC for preliminary plat approval of Silverbrook Estates Phase 2 which includes approximately 167 acres located at the southwest corner of the intersection of Highway 93 and Church Drive. Larson moved to remove Resolution 5339 from the table. The motion was seconded. (A resolution conditionally approving the preliminary plat of Silverbrook Estates Subdivision Phase 2, more particularly described as Tract 3 and a portion of Tracts 4 and 5 of Certificate of Survey 15896 located within the northeast quarter of Section 13, Township 29 North, Range 22 west, P.M.M., Flathead County, Montana.) There was no objection. Webb recommended amending Condition 10 as presented by staff. Larson moved to amend Condition 10 as follows: "Prior to submitting a final plat application for each phase the developer shall provide the Public works Department with a plan of how sewage will be conveyed to the sewer treatment plant. Silverbrook Phase 2 shall not submit fans for construction to the city and the city will not review and avprove the plans until the Grandview lift station upgrade is completed. , . ,' The motion was seconded. The motion carried unanimously upon vote. Hafferrnan stated that Condition 29 should be removed because an SID is being used as an impact fee, adding this waiver wasn't required in phase 1. Hafferman moved to strike Condition 29. (Condition 29 reads as follows: The following note shall be placed on the final plat: "Property owners(s) shall waive their right to protest the creation of a special improvement district for sanitary sewer upgrades which will serve the subdivision.") The motion was seconded. Jentz said this is standard language the City is now using with subdivisions. He said he is not sure whether it was included in phase 1. The motion failed upon vote with Hafferman voting in favor, and Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting against. There was no further discussion. The main motion, as amended, carried unanimously upon roll call vote. Kalispell City Council Minutes March 23, 2009 Page 5 G/5. ORDINANCE 1655 —ZONE CHANGE WITH PLANNED UNIT DEVELOPMENT OVERLAY — CORNERSTONE CHURCH —1ST READING (TABLED MARCH 2) This is a request by Cornerstone Church to change the zoning from R -3 to B-1 with a planned unit development overlay on three acres of their four acre property located at the intersection of Northridge Drive and Highway 93 to accommodate a new bank facility. Atkinson moved to remove ordinance 1655 from the table. The motion was seconded. (An ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance, (ordinance No.1460), by zoning certain real property more particularly described as Lot IA, Kalispell Addition No.15A located in Section 1, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana (previously zoned City R-3 (Urban Single Family Residential)) to City B-1 (Neighborhood Buffer District) with a Planned Unit Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date.) There was no objection. Jentz gave a staff report on the approach permit along Highway 93, explaining they met with the development engineers and MDT and pointed out Counci 's concerns about the Y intersection. He said MDT maintains the new access meets all of the MDT's requirements. Jentz says he has provided Council with several options to mitigate traffic concerns and if those aren't satisfactory, then the only other option is to remove the access altogether and direct the traffic onto Northridge Drive. Olson said he looked at the area and feels it might be better to do away with the access and move the traffic onto Northridge Drive where the traffic is controlled. Gabriel remarked there is already a problem on Northridge, but she likes the idea of removing the "Y" intersection. She said the access will be more hazardous than the intersection at Northridge for those using the bike path. Plansz answered several questions concerning the proposed access. Atkinson commented that a right in/right out access is safer than a full uncontrolled access. Olson noted the current access is not much more than a gravel turnaround, it's not a developed access. Mayor Kennedy suggested a condition be added requiring a "stop" sign before the path on the exit, and a "yield to pedestrian" sign at the entrance. She said she would also like to see two letters written to MDT. The first regarding the possibility of making the intersection at Northridge and Parkway a controlled intersection, and another asking for dedicated left turn arrows to the east and west approaches of Northridge Drive at its intersection with Highway 93. Gabriel said she would vote in favor of adding the stop signs if a motion is made, but she would rather see the Y intersection removed. She stressed a freeway has been created along Northridge and allowing this access is just asking for trouble; stop signs will not help. Kalispell City Council Minutes March 23, 2009 Page 6 Gabriel moved to remove the ingress and egress on Highway 93. The motion was seconded, Larson said to make the project feasible there has to be an access on Highway 93 and he doesn't see any value in changing the design. He said you have people crossing the bike path all along Highway 93 and he doesn't see where this intersection is any different. There was further discussion. The notion failed upon vote with Gabriel, Olson, and Mayor Kennedy voting in favor, and Atkinson, Hafferman, Kenyon, Kluesner, Larson, and Saverud voting against'. Kluesner moved to install a `stop" sign on the egress prior to the bike path, and a "yield to pedestrian" sign on the ingress prior to the bike path. The motion was seconded. The motion carried upon vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, and. Atkinson and Olson voting against. Larson moved for a review of the intersection at Parkway Drive and Northridge Drive and the possibility of a four-way stop. The motion was seconded, The motion carried upon vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Atkinson voting against. Larson moved to send MDT a letter asking them to review the possibility of installing left turn signals for east and west bound traffic on Northridge Drive. The motion was seconded. Atkinson commented the City can write a letter to MDT at any time; this is not relevant to the ordinance. The motion carried upon vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, and Atkinson and. Olson voting against. The plain motion, as amended three times, carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, and Gabriel, Kenyon, and Olson voting against. G/6. ORDINANCE 1657 — PLANNED UNIT DEVELOPMENT AMENDMENT — 911 CENTER. ---1ST READING Two amendments are being requested to the Spring Prairie PUD to accommodate the 911 Center. The amendments concern the Minimum Yard Setback Requirements and the Emergency Communication Tower Height Requirements. Larson moved first reading of ordinance 1657, an ordinance authorizing and adopting an amendment to the Spring Prairie Planned Unit Development agreement in association with the construction and development of the Emergency operation Center. The motion was seconded. Kalispell City Council Minutes March 23, 2009 Page 7 Jentz gave a staff report and answered questions. There was discussion concerning the proposed 100 foot communications tower, which is 60 feet taller than the allowable height in Section 36. Olson remarked there was a reason for the tower limit in Section 36 and maybe this isn't the best place for a communications tower. Jentz responded that DNRC is in agreement with the amendment; they j ust didn't want a cell tower farm in the area. Larson and Gabriel argued that the 911 center has to have a communications tower; it's needed and will benefit the entire valley. Hafferman commented he doesn't have any problem with the set backs or the tower, however, there should be a public hearing prior to making a decision because it will affect property values. Kenyon said if it was the only tower in the area he may have a problem with it, but the view shed is already compromised with the BPA towers. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Tlafferman voting against. G/7. RESOLUTION 5349 — NLC PRESCRIPTION DRUG PROGRAM The National League of Cities Prescription Discount Gard Program would help eligible city residents cope with the high cost of prescription drugs. Gabriel moved Resolution 5349, a resolution to participate in the National League of Cities Prescription discount card program. The motion was seconded. Mitton gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. G18. RESOLUTION 5350 -- LADDER TRUCK TRANSFER TO COLUMBIA FALLS This is a resolution of intention to transfer the City's 1975 Seagraves Ladder Truck to Columbia Fails. Atkinson moved Resolution 5350, a resolution of intent to convey a 1975 Seagraves Ladder Truck to the City of Columbia Falls, Montana and to enter into a Mutual Aid Agreement with the City of Columbia Falls, Montana and directing the City Clerk to provide notice therefore. The motion was seconded. Kalispell City Council Minutes March 23, 2009 Page 8 Diehl gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. H, MAYO COUNCILCITY MANAGLEPAR'T'MENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: City Attorney: Charles Harball, Police: Roger Nasset, Public works: Jiro Hansz. Webb reported the estimated City's reserves for the general fund is $200,000, up $20,000 from the estimate last month. Atkinson thanked the family and friends of Don and Connie Swanberg for all of their support following Connie's passing on March 15. Mayor Kennedy wished a Happy Birthday to Councilor Gabriel, and asked that a work session be scheduled to review the petitions on impact fees. Olson, as a member of the prerelease center committee, said he is pleased to announce that a site has been chosen and a work session to present the proposal is scheduled for March 30. L ADJOURN -nn nn n rl r rr� The meeting was adjourned at 10:07 p.m. ATTEST: Theresa White City Clerk Approved April 6, 2009 M. Duane Larson Council President Kalispell City Council Minutes March 23, 2009 Page 9