06/19/06 City Council MinutesA REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A : o
.M. MONDAY� JUKE 199 2006, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KAL SPEL , MON AAA, MAYOR PAMELA B. KEI I E Y PRESIDED. COUNCIL
MEMBERS JIM ATKINSoN, BOB HER o T, BOB HA 'FERA.N, RANDY KENYON,
TIM KLUESNER DUANE LARSON, AND HAND OLSON WERE PRESENT, COUNCIL
MEMBER KARI GABRILL WAS ABSENT.
,also Present: City Manager James Patrick, City attorney Charles Har all, City Clerk Theresa White,
Public Works .director Jiro. Ha.nsz, Police Chief Frank Garner, Fire operations Chief Dan Diehl,
Finance Director Amy Robertson, Parrs and Recreation Director for Mike Baker, Planning Department
Director Tom Jent , and Recording Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge ofAllegiance.
A. AGENDA APPROVAL
Larson moved approval of the Agenda. The motion was seconded.
There was no discussiOD.
The motion carried unanimously upon vote with Gabriel absent.
B, CONSENT AGENDA APPROVAL
L Council Minutes — Regglar Meeting —june 5, Zoo
2. Council Minutes — Special Meeting — June 132 200"
3. Pities as of March 3 . Zoo
. Biosolids ,ward Pres.entation
The City of Kalispell and Glacier Gold have been awarded the 2006 Biosolids Award. The
award is given once every three years to a community or facility that best practices beneficial
use of biosolids generated by a wastewater treatment process.
Atkinson moved approval of the Consent Agenda. The motion was seconded.
Bill Bahr, Department of Environmental Quality, presented awards to the Wastewater Treatment
Plant and Glacier Gold.
H ff rma . questioned the figures on the pledged securities, stating he thinks there is a double entry.
Robertson said she would review the figures.
The motion carried unanimously upon vote with Gabriel absent.
Kafispell City Council Minutes
June 1, 2006
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C. STUDENT ISSUES
Noble.
PUBLIC COMMENT
Mayre Flowers, Cities for a Better Flathead, spoke about public access to information and the
ability of the public to participate in feeds and workshops. She said a preselitation daring a work
session following the last planning board meeting contained a lot ofmaps that the public couldn't
see. She asked that any materials presented at meetings or work sessions be made available to the
general public.
Herron requested that anyone speaking to the Council give their na-me and residential address.
E, PUBLIC HEARING — GROWTH POLICY AMENDMENT EISINGER
PROPERTIES, ITC AND LYLE AND JOANNE DAVIS
Mayor Kennedy opened the public hearing.
Greg E sin er, 1.07 old Highway 93 South, Somers, representing Elsinger Motors, said he and
representatives from Schwarz Engineering are available to answer questions.
ob a Morriso ., 207 2 d Avenue west, Schwarz Engineering, noted the application for the growth
policy amendment .t was initially made in the Davis' name, but since then the property has been
transferred to Eisner. She said even though the approaches to the project have been approved,
MDOT has indicated a frontage road will be coming soon which is also indicated in the plan.
Morrison said they would file to begin construction in September and addressed some of the
Planning oa - 's eo eems.
Kim Larson., 1234 McMannamy Draw, architect .for Schwarz Engineering, spoke on the traffic flow
and placement of the buildings, stating he feels the project will be compatible with the area.
Dave Filler, 2585 Highway 93 North, stated be has mixed emotions about the project because he
lives next door, but he would rather have it built to City standards than County standards.
Ma re Flowers, 2770 Upper Lost Creek Road, whitefish, representing Citizens for a Better Hathead,
stated her group encourages the applicant and the City to work together because the project needs to
be on City sewer and water. She said Citizens does have some concerns, however, and read a letter
outlin- ng those concerns. (Letter is attached and by this reference is made a part of the official
record)
Sharon DeMeesterl Chestnut Drive, stated she 1s concerned about the lack of a str-.water
management plan. She echoed Flowers" suggestion that a Planned Unit Development agreement
would be a good idea.
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June 19, 2006
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John Schwarz., 1234 Three Mile Drive, Schwarz E g�neering, said. he's been involved in this project
for a couple of years and they Feel it would be best to annex to the City and hook up to the sever
system. He clarifi ed the Eisinger's have not Proposed a su di vision and therefore a PIED would not
e appropriate, adding any concerns can be handled through the site review process.
Mayor Kennedy closed the public hearing.
F. REP4RTS RECOM1VVtENDATIQNS AND SUBSEQUENT COUNCIL ACTION
L RESOLUTION 5121A — A o.PYNG GROWTH POLICY AMENDMENT - OR -
RESOLUTION 5121B — REVISING GROWTH POLICY AMENDMENT - OR
RESOLUTION 5121C — MECTING GROWTH POLICY AMENDMENT
The proposed amendment to the Kalispell Growth Policy 2020 covers 15.4 acres located at 1545 and
2563 Highway 93 Forth, at the northeast corner of Highway 93 North and West Reserve Drive.
Herron moved Resolution 512 .A., a resolution adopting an amendment to the Kalispell Growth
Policy 2020, to be known n as the Eisinger Growth Policy Amendment. The motion was
seconded,.
e tz gave a staff report and answered questions.
Hafferman commented that MDOT has done a good job anticipating future traffic at that
intersection, adding they have a good plan in place and a car dealership will not have as much traffic
impact as a residential subdivision. He stated he feels this is are appropriate amendment to the
existing growth policy.
Herron complimented staff for doing a very good job on the growth policy amendment and he feels
this property falls right into line with what the Planning Board approved. He said Council needs to
trust that the staff will address any concerns through site review.
Kenyon said his only concern with the proposal is that this amendment is coming prior to the enure
growth policy being amended.
Olson said he wishes the developer could wait also, but Chevrolet and Honda have stringent
standards for their dealerships and he feels this will be a complement to the City.
Mayor Kennedy agreed, stating the north location is a good location for this dealership.
The motion carried unanimously upon Droll call vote with Gabriel absent.
/2, RESOLUTION 5122 —ANNEXATION — E S NGER PROPERTIES, LLC AND LYLE
JOANNE DAVIS
This is a request from. E .singer Properties, LLC and Lyle and Joanne Davis for annexation of 15.4
acres located at 2545 and 2563 Highway 93 North.
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,rye 1, 2006
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Larson moved. Resolution 5122, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by 'Including therein as an annexation certain real property, more
particularly described on "Exhibit A", located in Section 30, Township 29 North., Range 21
West '.M.M., Flathead County, Montana, to be known as Eisiner/Davis Addition No. 30to
zone said property in accordance with the Kalispell Zoning ordinance, and to declare an
effective date. The motion was seconded.
Kluesner asked Patrick about the fiscal impacts of this annexation..
Patrick stated there are no specific impact numbers.
Haffenan said be doesn't have any concerns about the fiscal impacts with this project, but be is
tired of staff giving Council "ambiguous stuff' and not providing a cost analysis report.
The motion carried unanimously upon roll call vote with Gabriel absent.
3, ORDINANCE 15 — INITIAL ZONING — E S NGER PROPERTIES PLC AN.
LYLE & PANNE DAMS — 1ST READING
Elsinger and the Davis' are requesting a zoning designation o -2, General Commercial, on the
above mentioned property., currently zoned County -2, Business, and County -1, Suburban
Residential.
Herron moved first reading of ordinance 1576, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (ordinance No. 4 0), by zoning
certain real property described as Assessors Tracts 41 and 4C located in the SE 1 4 of Section
o, Township 29 North, Range 21 west, '.M*M., Flathead County, Montana (previously zoned
County B- , Business and County R-1, Suburban Residential) to City B-2 (General
Commercial), in accordance with the Kalispell Growth Policy2020, and to provide an effective
date. The motion was seconded.
There was no discussion.
The notion carried unanimously upon roll call vote with Gabriel absent.
F 4. RESOLUTION 5123 — SID 344 BONDS
Resolution 5123 sets the terms and conditions of the $4,520,000 bond for SID 344 approved b
Council at a special meeting June 13.
Larson moved resolution 5123, a resolution relating to Special Improvement District No, 344
Bonds, Series 20069 fixing the form and details and providing for the execution and delivery
thereof and security therefor. The notion was seconded,
Ben Johnson, Kennedy and Graven, the Ci y's Bond Counsel, gave a staff report and answered
questions.
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June 19, 2006
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affern an asked about the $500,000 mentioned for a "water treatment building".
Hansz replied .t's the control building for the water well system and will be built when the other
construction is complete. He said the amount listed is an estimate and they anticipate it will cost
somewhat less.
H ffer n.an stated he will vote against this because the bonds are for 20 years and the tax increment
district is for 15 years. He said that essentially extends the TIF district for an additional five years.
Johnson answered questions concerning an early buy out and the possibility ofending the TIF early.
The motion carried upon roll call vote with Atkinson, Herron, Kenyon, Klesner Larson',
[bison and. Mayor Kennedy voting in favor, Hirnn voting against, and Gabriel absent.
5. ORDINANCE 1 — PROHIBITING TRUCK TRAFFIC ON NORTHERN LIGHTS
BOULEVARD — 1ST READING
The Police Department artment has encountered a number of significant issues involving trock traffic on
Northern Lights Boulevard and is requesting Council prohibit through truck traffic on that road.
Larson moved first reading of Ordinance 1577, an ordinance amending Kalispell City
Ordinances No. ' 1, 90and 1196, eodirted as Kalispell City Code 1 - -2 prohibiting trucks
n certain streets and declaring an effective date. The motion was seconded.
Patrick noted they met with school district officials and neighbors along; Northern Lights Boulevard
and this is one of several solutions they are looking at to help with the traffic problems.
Garner stated because of the construction work.? Northern Lights is essentially replacing Meridian
Road right now. He said he thinks it's important to prohibit through truck traffic, particularly
because of the narrowness of this road.
Haffennn consented that residents are also concerned about the buses using the road, particularly
in the winter.
H fferman moved to amend the ordinance by including the words ""and buses' after "trucks".
The motion was seconded.
Garner said its important that we are careful not to create another problem in another area. He noted
the school configuration will change in 2007, and the total number of buses will be reduced
significantly. In addition, there will be a provision on the northeast side for buses.
Olson stated he doesn't think the buses can be considered through traffic, even though_ he agrees they
should stay off Northern Lights Boulevard.
Atkinson said he has to vote against the amendment because we haven't qualified what "buses" are,
whether school or public transportation.
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June .1 , 2006
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There was discussion whether the amendment should include school buses only, all buses except
Eagle Transit buses, and whether it means "through7 bus traffic.
Kl esner commented when he was growing up trucks and busesdidn't travel on Northers Lights and
he doesn't feel they should be using the road now.
Larson said he will support the amendment because the school district said it will address the
problem., but they didn't say they were going to stop all bus traffic on Northern Lights. He agreed
with Hafferman that one bus is too many.
Kenyon remarked ed the Council should let the school district try to work out the problem and if it isn't
resolved, the Council can look at prohibiting buses later.
Mayor Kennedy concurred, noting this amendment will deter negotiations w th the school district
and we should only deal with the truck traffic now.
The amendment carried upon roll call vote with Hafferma , Herron, Kl es er, Larson, and
Olson voting in favor, Atkinson, Kenyon, and Mayor Kennedy voting against, and Gabriel
absent,
Where was no further discussion.
The main motion as amended carried upon boll call vote with Hafferman,Herron, Klucslner,
Larson, and Olson voting in favor, Atkinson, Kenyon, and Mayor Kennedy voting against, and
Gabriel absent.
" . MOTION TO ADOPT PT 2006-2007 PRELIMINARY BUDGET AND CALL FOR
PUBLIC HEARING
t the last meeting of each fiscal year the Council is required to adopt the preliminary budget for the
next fiscal year and call for a public hearing. A public hearing will he scheduled for July 17.
Atkinson moved adoption of the 2006-2007 preliminarybudget and call for a public hearing on
July 17. The motion was seconded.
Patrick gave a staff report.
Hafferman said there are two issues contained in the motion, adopting the preliminary budget and
calling for a public hearing. He said he void file to vote oin them separately.
Hafferman moved to amend the main motion and remove `adoption of the Zoo ;too
preliminary budget' from the motion and have the first motion just calling for the public
hearing. The motion was seconded.
Mayor Kennedy asked Harball to comment.
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Har a l stated you have to have something to present to the public for the public to comment upon.
afferman stated he is not going to vote in favor of the rna�r notion because "adopting means
agree and I don't agree' with the preliminary budget as presented. He said the notice of hearing
states the City Council. has reviewed the preliminary budget and it is open to inspection. Haf erman
said if the Council adopts the budget, it's the same thing as saying the Council approves the budget.
Harhall noted the staff does not have the authority to present the preliminary budget, the Council
needs to do that. He said preliminary simply means this is the starting point.
K.lesner said this document has been presented in public work sessions and the newspaper reporter
has written about it. He said he believes this document is already a public record and it's called a
preliminary budget.
Harball emphasized at this point lt's a staff work product. It doesn't become a preliminary budget
until the Council makes it a preliminary budget.
Olson said he doesn't have any problem em with splitting the issue into two notions, stating Haffern an
simply wants to vote on each separately.
The motion to amend failed upon vote with Hafferman, Klesner, and Olson voting in favor,
Atkinson, Herron, Kenyon, Larson, and Mayor Kennedy voting against, and Gabriel absent.
Herron moved to amend the main motion by first voting on the adoption of the preliminary
budget, and then voting on the public hearing* The motion was seconded.
The amendment carried unanimously upon vote with Gabr*ei absent.
Herron moved the Council adopt the 200=200' preliminary budget. The notion was seconded.
The motion to adopt the 2006-2007 preliminary budget carried upon vote with Atkinson,
Herron., Kenyon, Larson, Olson., and Mayor Kenney voting in favor, Haeran. and
Klnesner voting against, and Gabriel absent.
Herron moved to call for a public hearing for the 2006-2007 preliminary budget for July 17.
The motion was seconded.
The amendment carried unanimously upon vote with Gabriel absent*
G, MAYo COUNCIL CITY MANAGER9 S REPORTS No Action
Mayor Kennedy announced there will be no work session on Monday, June 26 with the next regular
meeting scheduled for July 3.
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June 19, 2006
Page 7
Larson asked if anyone has responded to a letter from Natty Real Estate requesting paving and repair
of 3rd Avenue East.
Patrick said the issue is still being evaluated.
Patrick informed the Council that the CDBG Grant for Distinctive Countertops has been approved
for $ 00, 000 .
Patrick announced the "Picnic in the Park' concert series starts Tuesday night and he encouraged
everyone to attend.
ADJOURN
The meeting was adjourned at 9:09 p.m.
ATTEST:
hrsa White
City Clerk
Approved July 3, Zoo
Kalispell City Council Minutes
June 191 2006
'age 8
To, The Honorable Parn Kennedy
the Kalispell City Council
P. 0. Box
1997
Kalispell, MT 59903
From Citizens for a Better Flath ead
PO Box 771,1 Kalispell., MT 59903
R : El ing r/Da. `is Growth Policy Amendment
Dear Mayor Kennedy and Councilors:
:Tease accept the following Qomments regarding the proposed Gr N&t Policy Amendment,
1, S120t Pla n11 . The Amendment as proposed js premature an d represents
spot planning, a concept similar to spat zoning. The recent Montana Supreme Court decision
regarding the Glacier .mall cited another flathead case known as the .little case that
established the test for spot zoning. In the Glacier Mall decision the court noted the Little
case and stated,, "Although .little involved the role of comprehensive raster plans in zoning
decisions, the principles set forth in Little regarding the role on master pans when making
future planning decisions apply with equal force."" (paragraph 22, page 8) The criteria for
spat zoni g/p I a ning include changes made for the benefit of a single or few owners, a sma
area., and a change not clearly consistent with the growth policy. All of these conditions
Xit.
Your staff report notes that you will receiving a recommendation for a growth policy
amendment for the Horth 93 area within a month. This Eising r/Davis application should
follow, not precede, this text amendment. The minutes for the planning board meeting on this
growth pol icy am endment cl =1 y establish that the board 1s not sending you a strong,,
positive recommendation n this amendment. Reference in the record that the applicant
wants to m ove forward d trirg this building season as j ustifiat for pushing for this
amendment at this time rather than wait for the more comprehensive plan amendment to be
in place, also builds further evidence of spot panning, Additionally, the minutes establish
that by having this amendment precede the more comprehensive growth p li y amendment,
the applicant may in fact be able to proceed without having to comply with the standards
being proposed in the growth policy amendment that you will be reviewing next mont l
which the planning board and the public have seen as essential in the record to date to protect
the health, welfare and safety of city residents in compliance with the overall intent of the
Kalispell Groff Policy.
2_ Critical safety provision are not in place to comply with growth policies
including Chapter 2, . o l y 6 cited in the staff report. This application is premature in
that the staff report establishes that the Montana Department of Transportation is still in the
design phase for this intersection and the potential for a frontage road to sere this property is
not secure. The record establishes the importance of a frontage road to the safety and
success of development at this intersection. See planning board minutes that .repeated
document ent concerns w*th traffic, safety r and the design o 'this ro ect �d the intersection.
Growth policy language proposed for this area in the proposed future amended would allow
you to better address this issue through a PUD application. Without a PU , the minutes of
the planning board page 6 of 14, establish that the frontage road may not be build until some
unknown time in the future when the intersection is upgraded,
. Any growth policy amendment of this site should establish a policy that requires a
PUD because of the sensitive nature of this intersection both from a safety, water quality,,
entrance corridor and pedestrian corridor perspective. The staff report notes concerns about
possible overflow parking in the flood plain and other issues related to this property's
relationship to the Stillwater River. The accompanying, zoning proposed is not a PU ,,
though this is proposed in the new draft of the growth policy amendment for this overlay
zone. A PUD gives the city the ability of the city to address more specifically and effectively
many of the potential concerns with this project that could arise under a mere zone change.
This is where remembering back to the Valley Dome and the verbal promises that were
made, but not delivered would be important to pause and reflect on.
. The amendment as worded does not include the staff recommendation that the
commit entrance overlay policies be made part of this amendment. It is not clear
how you accomplish this when this are as yet only proposed amendments for this area.. Again
this shows that this amendment is premature and should be considered in conjunction with
the future amendment.