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02/21/06 City Council MinutesA REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT .M., TUES AY, FEBRUARY 21,2006, IN THE COUNCIL CHAMBERS r CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNE Y PRESIDED, COUNCIL MEMBERS JIM A KINS N, KARI GABRIEL., BOB RAFFERMAN, BOB H RRON, RANDY KENYON9 DUANE LA►RSON AND HANK OLSON WERE PRESENT. COUNCIL MEMBER '"ICI KLUESNER WAS ABSENT. Also present: City Manager James Patrick, City Clerk Theresa white, Public works Director Jinn Hans , Police Chief Frank Garner, Fire Chief Randy Brodehl, 'Finance Department Director .Arn Robertson, Parks and Recreation Director Mike Baker, Planning Department Director Ton Jent , Senior Planner Sean Conrad, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A# AGENDA APPROVAL Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kluesner absent. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting .eras fi 006 2. Ordinance .1 — Initial Zonin N . James and wren. Holm gist �- 2nd Rea in Janes and Karen Holmquist are requesting an initial zoning designation o -2, Single Family Residential, on approximately two and a half acres located at 405 West Evergreen Drive just east of whitefish Stage Road. ordinance 1566 passed on first reading February 6. 3. ordinance :1. 6 — Initial Zonir — Luther French — 2nd Rea in Luther French is requesting; an initial zoning designation of R-2, Single Family Residential, on approximately one acre located at 1624 woodland Avenue. ordinance 1.567 passed on first reading; .February 6. . Award Bid — Public water Supply.Improvements — MOVED TO MAIN AGENDA 5 A rove bask rers for er �o ne water l and Storage Pro ' ct In 2005 the city council approved a contract w b Robert Peccia & Associates for engineering services to develop lic water supply facilities in the City"s upper pressure o e with each task order to be separately negotiated. 'bask orders 21, 3, , and #6 are to finalize the purchase of the site, prepare easements, conduct geotecbnical Investigations, and prepare contract documents for completion of the well. Kalispell City Council Minutes February 21, 2006 gge . Proclamation — TRQ.. lea — February 2 Zoo Atkinson moved approval of the Consent Agenda. The motion was seconded, Hafferman movedthat Item 4 be removed from the Consent Agenda and placed on the Main Agenda before Item 6. The motion was seeoet. There was no discussion. The motion carried unanimously upon vote with Kles er absent. The main motion as amended carried unanimously upon roll call vote with Kluesner absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Jody Middleton, 881 Helena Flats Road, spoke in support of the Serenity Lane Addition. Bob Eric so ., 1.2 2 Foxtall Drive, repre se ntin g Jaol ola Engi neering., stated be is available to answer any questions on the Serenity Lane Addition. REORTS R COMMEN A IONS AND SUBSEOUENT COUNCIL ACTION' . ORDINANCE 15 — INITIAL ZONING — JOHN AND BOBBI BONNER — 2ND READING Jobe and Bobbi Bonner requested an initial old esi . a io of B- , Neighborhood Buffer District, upon annexation of approximately one half of an acre located at 1.322 Whitefish Stage Road, however, the planning board recommended the property be zoned R- , Residential/Professional Office. The first reading of ordinance 1568, zoning the property R - , passed on a six -to -two vote with one abstention on February 6. Larson moved second reading of Ordinance 1568, an ordinance to amend Section 27.02.010, Official zoning Map, City of Kalispell zoning ordinance, (Ordinance No. I. o y zoning certain areal property described as Assessor's Tract 5F located in Section 32, Township 29 North, Range 21 west, P.M.M. Flathead County, Montana (previously zoned County RA -I., Residential Apartment) to City R-5 (Residential/Professional ogee), in accordance with. the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Ha Ferman stated be abstained from votinor at the last meeting and he will be abstaining again because the applicants had requested a zoning designation o -.1., not R-5. Kalispell City Council Minutes Februai- , 21, 2006 .page 2 01so n stated that 1s what the planning board 1s for — it' s an advi sory board and the board's advice 1s for the property to be .coned R-5. He thanked the planning board .members for their hard word.. The motion io carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson i Mayor Kennedy voting in favor, Hafterman abstaining, and Kluesner absent. E 2. ORDINANCE 15 — INITIAL ZONING — M NTANA COMMERCE PLC — N' READING Montana Commerce, LLC has requested an initial zoning; designation o - 2, General Business, o approx lmate I y on,e acre located at 29 1.0 Highway 93 South at the intersectlon of Cemetery Road. The first reading of Ordinance 1569 passed on an eight -to -one vote February 6. Gabriel moved second reading of Ordinance 1.569, are ordinance to amend Section 7.02.01.0, Official Zoning Map, City of Kalispell Zoning ordinance, (ordinance No.:. o), by zoning certain real property described as Tract 5A (Tract I of Certificate of Survey 1 501) located i Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County I-1H, Highway Light Industrial) to City -2 (General Business), i accordance with the Kalispell Groh Policy 2020, and to provide are effective date. The motion was seconded. Kenyon said he understands that if the Council oesn.'t approve this., the casino could not be developed because of the septic issue. Jentz said because City services abut this property, they are not able to expand their septic system runless they first request annexation and City services. If the City denies their request, it would be determined that they have complied with the law and they would be able to expand the septic system. The motion carried upon roll cars vote with Atkinson, Gabriel, Hafferman, Herron, Larson, Olson and Mayor Kennedy voting in favor, Kenyon voting against, and K-1esn r absent. E 3. RESOLUTION 50 .1— . PRELIMINARY Y PLAT SERENITY LANE ADDITION This is a request for preliminary plat approval of a four -lot minor residential subdivision on a existing residential lot located at .3 -t o 6th Avenue West. Kenyon moved Resolution 5091, a resolution conditionally approving the preliminary plat o Serenity Lane Addition, more r icul rl described asAssessors Tract ` H located in Section 18, Township shi North, Range 21 West, '.M.M#, Flathead County, Montana. The motion Rio, was seconded. Jentz gave a staff report. There was no d1sc sslon. Kalispell i y Council Minutes February, 21, 200 Page The motion carried unanimously upon roll call vote with Kl es er absent. . FINAL FLAT — ASHLEY PARK P1 ASE This is a request for final plat approval of Ashley Park Phase 8, a 6-lot residential subdivision with 26-single-family lots and 20 townhouse lots on approximately 1 acres located on the west side of .Airport Road. Kenyon moved CounciI accept the Subdivision Improvement Agreement and approve the final plat for Ashley Farb Phase 8. The motion was seconded. Jentz gave a staff report and answered questions. Hafferman stated this subdivision will put more traffic onto Sun side Drive and additional load o the in ersecti.on of Airport Road and Highway 93 after the bypass is built. He requested the staff contact MDT to get a traffic study done at that intersection before any more subdivisions are built that would affect that area. Herron stated that this developer started all the discussion about substandard sidewalks. He asked what resol ution has been made for Ashl e y Park. Phase 7, and what assurances do we have that these sldewaiks will be completed to our standards. Patrick res o ded that a bond is currently being held for Ashley Park Phase 7 and a resolution is being worked out. He said in Phase 8, the City will be holding a bond of $380,000 which will be forfeited if the infrastructure is substandard. Atkinson thanked Herron for bringing the issue forward, adding the developers need to understand the City Council. means business and the City now has a construction manager to rake sure the standards are met. The motion carried unanimously upon vote with Kduesner absent.. FINAL PLAT — MEADOW PARK UNIT 3 This is a request for final plat approval for a residential subdivision o that creates two residential lots on approximately one acre located between.Lots 2 and. 3 of Meadow Park Unit 2. Kenyon moved Council adopt staff report KWP-06-1 as Findings of Fact and approve the final plat for Meadow Park Unit 3. The motion was seconded. Jentz gave a staff report. There was no discussion. The motion carried unanimously upon vote with Kleser absent. Kalispell ity Council Minutes February 21, 2006 Page EI6. AWARD BID —PUBLIC WATER SUPPLY IMPROVEMENTS MOVED FROM CONSENT AGENDA v�r r eived Fyn r - . ` Keefe Drilling for water s� l ' improver e .s . Old School Station and a new pubfic grater supply well at Wes view Estates. Staff is recommending the bid. be .vard.ed to o"Keefe Drilling of Butte for ,.o. Synergy Builders of Helena. bid $91 ,23.1.00. Larson moved Council award the bid for public water supply improvements at old School Station and Westvi w Estates to O'Keefe Drilling of Butte in the amount of $599,938.80. The motion was seconded. HansHansz gavea staff report. HaTisz and Patrick answered questions. The motion carried unanimously upon vote with Kleser absent. 7. RESo I TION So t - FINAL PST — OLD SCHOOL STATION This is a request for final plat approval of old School StatiODS-ubdivislon that plats 17 industrial lots on approximately 55 acres located on the east side of Demersville Road just north of the Rocky Cliff and US 93 intersection. 41 Atkinson moved Resolution 5092, a resolution approving the final plat of of School Station, described as Assessor's Tract t 2 In Section 33, Township 28 North, Range 21 west, .M.M., Flathead County, Montana. The motion was seconded. Jentz gave a staff report and answered questions. Hafferman stated. his .main concern is approving the final plat before the bonds are sold. He said he would vote in favor of the plat as soon as the bonds are sold, but he can't vote for it tonightbecause there is no bonding; on this project and If somethinor goes wrong who is going to pay for it. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson and Mayor Kennedy voting In favour, Hafferman voting against, and Kluesner absent. RESOLUTION 5093 — RESOLUTION AMENDING RESOLUTION 5062 — IMPACT FEE ADVISORY COMMITTEE Resolution 5093 amends the number of seats on the Impact Fee Advisory Committee from a required seven members to a maximum of seven members. Kenyon moved Resolution 5093, a resolution amending Resolution 5062, the Impact Fee Advisory Committee. The motion was seconded. Kalispell City Council Minutes Page Patrick gave a staff report. There was no discussion. . The .emotion carried unanimously upon roll call vote with Kles er absent. 9. RESOLUTION 5094 - AUTHORIZING DEPUTY FINANCE OFFICER AND CITY TREASURER TO SIGN ON CITY'S BANK ACCOUNT This resol u tionadds Rick Wills and Deb De s signatories on the City's accounts at Glacier Bank. Kenyon moved Resolution 5094, a resolution amending Resolution 4949, authorizing the City Manager, Finance Director, ]Deputy Finance officer, and City Treasurer to execute checks, drafts or other orders withdrawing funds from city accounts with Glacier Bank. The motion was seconded. Patrick gave a staff report. Olson commented he knows Deb Deist and complimented staff for hiring "a good person". The motion carried unanimously upon roll call vote with Kles er absent. Io# BOARD APPOINTMENT — ARCI I' CT RAL REVIEW COMMITTEE Corey Johnson has requested appointment to a vacant seat on the Architectural Review Committee. Larson moved Council appoint Corey Johnson to the Architectural Review Committee. The motion was seconded. There was discussion. The motion carried unanimously upon vote with K-1esner absent. , N"Yo UNCILZCITY MANAGERS RFPORT.S o Action Mayor Kennedy announced that the Parks and Recreation Department will be having a f : dr ise.r for a Depot Park band shell on February 25 at the Eagles from seven to midnight. Olson questioned why some of the City's sludge is going to the landfill and not to Glacier Gold. Hansz explained ed that Glair Gold has a limit of the amount sludge they can take annually and rather than exceed that limit, a modest amount is taken to the landfill. Kalispell City Council Minutes ? February , 200 + Page Patrick i.Dtroduced Scary Conrad, the new Kalispell Senior Planner. er. G, ADJOURN' The meeting; was adjourned at 8:07 p.m. ATTEST: ers. White City Clerk Approved March 6, 2006 Kalispell City Council Minutes Page