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08/07/06 City Council MinutesREGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 .M#, M N AY, AUGUST , 200 , IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MON ANA.. MAYOR. PAMELA B, KENNE Y PRESIDED. COUNCIL MEMBERS JIM A KINSON KAR1 GA RIE , BOB HERON, BOB HA►FFERMAN, RANDY KENYONI TIM UESNER, DUANE LARSON, AND HANK o SON WERE RESEW. Also present: City Manager James P atr c , City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Gamer, Finance Director Amy Robertson, Planning Director Tom Je .tzl, Senior Planner Sean Conrad, Parks and Recreation Director Mike Baker, and Recording Secretary Judi Funk. Mayo- Kennedy called the meeting to order and led the Pledge of .Allegiance. A, AGENDA APPROVAL Larson roved approval of the Agenda, The motion was seconded. Larson moved to remove Agenda items E . and E 2, Ordinance 1579 and Ordm*ance 1580. The motion was seconded. Larson explained additional in oration is not available yet. The motion carried unanimously upon vote. The main motion as amended carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Re l r Meeting — Jul 2. ordinance 1581 — DecaL Junk Vehicle and Weeds Abatement ordinance — 2nd Readiu ordinance 15 81 amends the C ty's current junk vehicle ordinance, the weed/grassweed/grass ordinance, and the community decay ordinance. ordinance 1581 passed on first reading July 17. 3. Ever eery Sewer Rates for Fiscal Year 20 -200 Evergreen Sewer istr'et's FY 2007 rate is based on the City's operational expenses for FY 2006 prorated at the percent of usage based on meter readings at the lift station and the wastewater treatment plant} Larson roved approval of the Consent Agenda. The motion was seconded. The notion carried unanimously upon roll call vote. Kalispell City Council Minutes Aug 7, 2006 Page I C. STUDENT ISSUES Shareen Rawlings, 2555 KM Ranch Road, Whitefish, graduate student., passed out handouts cornpar Ong linear strip developments with died use commercial and residential developments and she encouraged the Council to adopt language that will allow the area named K.N- l in the Growth Policy amendment to develop as a town -center commercial development with a residential emphasis. D. PUBLIC COMMENT Michael 'Blend, 104 West Bluegrass, spoke infavor of Resolution 5130, the Cedar Commons preliminary plat. He also seconded what Rawlings said regarding the Growth. Policy amendment. B.J. Carlson, 2620 .omission Frail, thanked the planning staff, Planning Board, and the Council for planning to protect our gateways, planning to prevent strip development, and planning to provide for open space, but sh s concerned hove this community can support the huge amount of commercial that is proposed and asked for an economic impact study. She also asked for a definition of `town center" and `'mixed uses' and asked for specifies about ghat is meant by these terms and what they allow. Sharon D eMeester, 415 Chestnut give, stated that she is concerned with the scale of the commercial development that is planned. She said the North 93 Neighbors are not opposed to some limited. commercial uses, but would like to see a town center development life that in Helena. l eMeester :passed out information on the Helena project) She said the group is opposed to the commercial development becoming a "dump site"' for box stores, etc. and asked that any commercial proposed in KN- I be addressed through a planned unit development agreement. Mary Critchlow, 520 4th Avenue East, stated she is a board member of Citizen's for a Better Flathead and said she and the board were very diseoraged with the editorial in yesterday's Daily Inter .dale written by Bob Herron. She said the spirit of the editorial, and the personal attacks on Mayre Flowers, were not in the spirit of what the community bas adopted for civil dialogue, (Critchlow handed out the Principles for Civil Dialogue adopted by the Flathead on the Move) She asked that the Council prevent this type of editorial in the future. Joanne Nicinaii, 735 4th Avenue East, also responded to the editorial, stating she found it irrational to accuse Mayre Flowers of having anything to do with bad decisions made by the City Council. She said just because someone expresses an opinion, doesn't make that person responsible for the decisions made. Nieman suggested that the Council take peoples" opinions seriously and think creatively when looping at all the options. Riebard Nielson, 94 Northern Lights Boulevard, eom ented that he just carve from his house and the sound on the TV broadcast is ` Aleb", Diane Yarus, 425 ponderosa Lane, commenting on the proposed growth polio amendment, said she's concerned with the transportation impacts and the City's ability to expand its human resources needed to maintain current service standards. Yarus said the City needs facts and sound projections on which roads are going to be impacted by this type of development. As far as human resources, sbe remarked that businesses all over town are looking for employees and can we provide the work force Kalispell City Council Minutes Aug 7, 2006 Page needed for this development. Suzanne Brown, 15 3 5 Poys Lake Road, said Highway 9 3 is one of or most dangerous highways and it vlll become a "Pmalfunction j unction" with more commercial. She also commented on the edltorla . the paper, stating Citizens for a Better Flathead helps the silent majority express their views. DianeTaylor, 920 3rd Avenue East, Citizens for a Better Flathead hoard member, commented she 1s coneerned with the implication in the editorial that people should not speak up and should just let Council make all the decisions. She stated people should he asking questions In a democracy. Mayre Flowers, 20 Upper Lost Creek Road, whitefish, Citizens for a Better Flathead, remarked that the Council should have received approximately 100 cards in the last several days with the ma o .ty asking that the growth policy amendinent be delayed. She submitted an additional petition with boo signatures asking the Council to table the growth policy amendment, stating It is premature and should he sent hack to the Planning Board for additional work. Flowers also provided the Council with a handout summarizing the three resolutions and a se es of photographs showing various corridor setbacks around the valley., stating Citizens is in favor of the 00- i 5o foot buffer zones. Howard Mann, 3154 Parkwood Lane, stated commercial development is inevitable and we need to have a vision for where it goes. He said the proposed boo -acre KN-I is the logical place because o its access onto major thoroughfares and if the City waits five years, Highway will end up looking ; like Highway 2. He urged the Council to approve the amendment and use the leverage of annexation and City services to Force developers to mitigate growth issues. Mann also defended HetTon's editorial. Bob peer, 649 5 Farm to Market Road, commented that Herron's editorial was a "great"' article and couldn't understand why someone hasn't written something like this before. He said elected officials .cial are appointed to do the job we ask them to do and he Feels the Council is more than qualified to make good decisions. Mann asked the Council to approve the gro ut . policy amendment and give the younger kids the message that they don't have to leave the valley to find good jobs. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E I, ORDINANCE I5 —ADDITIONAL STREET ASSESSMENT RATE CATEGORY— IST READING Removed from Aiwnda) 2, ORDINANCE 1 — ADDITIONAL STORM DRAINAGE ASSESSMENT RATE CATEGORY — I ST READING Removed from A erg E 3. RESOLUTION 5129A — RESOLUTION ADOPTING GROWTH POLICY AMENDMENT —OR RESOLUTION 5129E — RESOLUTION REVISING GROWTH POLICY AMENDMENT — OR — RESOLUTION 5129C RESOLUTION .REJECTING GROWTH POLICY AMENDMENT Kalispell City Council .Minutes Aug 7, 2006 Page The proposed amendment to the growth policy would expand the bo ndaf.es 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 southern boundary. Herron. moved Resolution 52B, a resolution revising an amendment to the Kalispell Grout Volley 2020to be known as the Highway ay 3 North Growth Policy Amendment. The motion was seconded. Patrick gave a staff report. Kenyon asked if there are clew- definitions o "out parcels".. "mixed use", and "town center". Jentz answered "mixed uses' is defined in the City's origina.l growth policy; "town center" is a concentration of commercial as opposed to linear strip; and Moot parcels" are businesses located outside the commercial core in a development. Kenyon commented he's a little wary of this terminology being introduced at the last minute, stating he would like the Planning Board to develop a clear definition o "town center" and "'out parcels". Hafferman stated this is a ,planning document only; the City"s jurisdiction is the City limits, and the only time it becomes applicable is when a property owner asks for annexation. He said the question is, "how do we Plan for the inevitable growth?"" I- a `'erman said the majority of the comments centered around the boo -acre area designated KN- 1, and the GIa.cier Mall, even though no one knows whether the mall will or will not be built. He said it is inevitable we will get more commercial development, but he cannot vote for this unless development in KN- l is Presented in the forin o Planted Unit Development and the setback are changed, adding there should be relief for smaller tracts of land. He also said we need assurance from DEQ that Ashley Creek can handle the extra flow. Hafferman asked that a vote be deferred until a Facility Plan update is received, noting this is too important to approve "as is". Larson moved to table Resolution 5129E indefinitely. The motion was seconded. The motion to table failed upon vote with Hafferman, Kenyon, and Larson voting in favor, and Atkinson, Gabriel, Herron., K. es er Olson, and Mayor Kennedy voting against, st, Larson moved that Goal I., Section 3, i , i), be amended by adding back in the word " i i m" to read as follows; "'Ak minimum 00-150 foot impact area should be provided for major entrances and a 50 foot entrance for minor entrances." The motion was seconded. Larson remarked this is a "guidance" document and it should be as clear as possible. He said if the word minimum is included, it adds strength to the "guidance". Herron commented that adding "minimum" is just extra verbiage, it doesn't add anything. The amendment carried upon vote with Atkinson, Kenyon, Kl es er, Larson, Olson, and Mayor Kennedy voting in favor, and Gabriel, Hafferman, and Herron voting against. Kalispell City Council Minutes Aug 7, 2006 'age Atkinson moved to amend Goal 1, Section 3, by adding (j) stating: "Where smaller parcels cannot meet the setback areas, a PUD will be iltzed." The motion was seconded. afferman stated he will not vote for the amendment because a PIED is not supposed to be used to circumvent our regulations. He said if small tracts want relief, they can seek it though the City Council. Olson agreed with Hafferman, e tz stated that as a planner he is more comfortable using the PUD process than going before the Council. He said if they come before the Council they are going to bring something that loops a lot life a PUD and he's concerned how the request is going to be handled. The amendment carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Il esner, Larson, and Mayor Kennedy voting i . , favor, and m and Olson voting against. Larson moved that Goal 1, Section 3, 1 , ii , be amended by adding back in the word "limited"' o read as follows: "Within this impact area, a combination of berming, landscaping using live materials and trees as well as grass, a pedestrian trail system, limited parking and frontage roads should be incorporated." The motion was seconded. Larson explained that leaving out the word "limited" could open up the doer for the setback area t include parking. The amendment carried upon vote with Atkinson, Ga rie , Herron, Kenyon, Kl esner, Larson, Olson and Mayor Kennedy voting In favor, and Hafferman voting against. Larson moved that Goal 2, Section 1, be amended to add back Mn the following words: "Development will be mixed use in nature creating an overall integrated neighborhood with a town center as o os d to a linear stria -commercial develo.pment fronting,the Gate va entrances." The motion was seconded. Larson said if we strike this language, then we strike at the heart of the amendment and being opposed to linear strip development. Atkinson agreed, stating he's very concerned with the looks of the highway corridor and if we can male it clear that i oo- 15 o feet of landscaping is what we're looking for, then veil provide a level playing field for everyone by not allowing anyone close to the highway. Herron agreed we don't want linear strip development, but he agreed with Kenyon that there is no definition of "town center"' and we really don't know what it is. He stated there are big parcels of land and the most valuable land is that closest to the road mod. Herron said he understands the intent of the motion, but he wishes there was a way to amend .d it without addin " town center". Larson said if the second agrees, he would he willing to remove the wording "town center". The second (Atkinson) disagreed, stating he is familiar with town centers and he doesn't have any problem with the wording. Kalispell City Council Minute Aug, 2 006 Page Larson withdrew his motion to amend. Larson moved that Goal 21, Section 1, be amended to add the following words: "Development wi be mixed use in mature creating a overall integrated neighborhood as opposed to fir stripco. �rercia eveo meat frontn the Gateva etrances.11 The motion was seconded. `here was further discussion as to the meaning of "town centef". Kluesner commented he feels a town center is an integrated neighborhood so he doesn't have any trouble taking; out the wording. The amendment carried upon vote with Gabriel, Hafferman, Herron, Klnes ear, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against. Larson roved that Goal 2, Section. 3, be amended as follows: "Development in this boo acre site would typically be a. Up to 25% general commercial, b. Up to 5% office and high density residential and associated uses, . A minimum of 0 in various residential co fi orations . oho open space nscs The motion was seconded. Jentz answered questions. The motion failed upon vote with Atkinson, Kenyon, and Larson voting in favor, and Gabriel, Hafferman, Herron, K.esner, Olson, and Mayor Kennedy voting against. Larson roved that Goal 2, Section 5, be amended as follows: "Development within the KN1 - area mill �- ire l to he �resente to the Planning oar and the City Council n the form of a Planned Unit Development ment so that the impacts of this development can be planned for and if necessary mitigated through improved design." The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Kenyon moved to amend the motion by adding a new v Goal 3 as follows: "Cooperate with Flathead County in the development of a transfer of development rights R program. The emphasis should be to provide opportunities to conserve and protect important farmlands, sensitive lands (high ground water, flood plain, wetlands, and critical wildlife habitat) are rural open space." The motion was seconded. Herron asked ifths is the best place for the amendment and whether it"s proper to add language that hasn't been brought forth by the Planning hoard. Jentz answered this language would be better lit was placed in the overall growth policy because it would affect the entire community. Kalispell City Council Minutes Aug, 2006 Page At the request of Atkinson, Jentz explained bow 'DRs work. Mayor Kennedy said she doesn't see any harm in placing the amendment in this document. Jentz concurred Kl esner said he feels TDRs should he looped at down the road, but not now. Gabriel said she supports the idea of TDRs, but she doesn't feels the amendment would he enforceable in this particular document. Hafferm an said he won't vote for the amendment because It doesn't make sense. If a certain density is proper for are area, then zone it that way p front. The motion. carried upon vote with Atkinson, Herron, Kenyon, Olson, and Mayor Kennedy voting in Favor, and Gabriel, Hafferman, Klnesner, and Larson voting against. There was discussion concerning out parcels. Olson commented we don't have 50 acres in the City to build a big development. He said the people are coning, either in the County or the City, and he'd rather see them in the City to help pay for i f'astr ctl re. He said we can't stop growth, all we can try to do is control. it, and this is a plan that will get us going. Atkinson con ;ratulated the planning staff and the Planning Board for the "H erculea " j oh they have done, and he thanked the public for their input. He stated impact fees, once established, will help us start to catch up with the roads, and he believes the KNA area with a PUD 1s an excellent idea.. Kl esner weed the valley is changing and he doesn't want it to become a Spokane, however, you're not going to stop the growth and he feels this is a good plan. Hafferman stated one of the most important things we have to deal with is the Wastewater Treatment Plant and the flows into Ashley Creel. He said he wants someone to take responsibility and say this is the flow in Ashley Creek, this is the flow that's going to he there, and it may or may not have the capacity. Hafferrnan said until we get a professional stamp on the capacity, we need to waft. Herron noted we are permitted to discharge almost four tires as much as we are discharging, and our WWTP is cleaning up sewage a lot better than all of the septic systems in the valley. Mayor Kennedy Mated she appreciates everyone � s attendance tonight, and at the workshops, and thanked everyone who submitted comments. The main motion, as amended six times, carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, K ncsn r, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. Kalivell City Council Minutes Aug 7, 2006 Page 7 E . RESOLUTION N I o `"" PRELIMINARY PLAT — CEDAR COMMONS I eargrass Holdings, LLP is requesting preliminary plat approval to reconfigure seven existing lots to create six su lots and one common acre lot within a platted subdivision located on the east side of Third Avenue East, approximately 3 50 feet south of the intersection of Third Avenue East and 14th Street East. Larson moved Resolution 5130, a resolution conditionally approving the preliminary plat of Cedar Commons, more particularly described as Lot A of the Amended Plat of Lots 1., 2, 3, and 4 of BlockI, Ryker Addition to Kalispell and Lots 5, 6 and 7 and the Abandoned Alley of Bloc. 1, Ryker Addition to Kalispell, located in Section 17, Township 28 North, Range 21 west, .M,M., Flathead County, Montana, The motion was seconded. Conrad gave a staff report and answered questions. There was discussion on stonn drainage issues. The motion carried unanimously upon roll call vote. E 5. RESOLUTION I I — PRELIMINARY PLAT — AMENDED LOTS 7-78 OF STRATFORD VILLAGE PHASE 3 This is a request from the Hil, ae Corporation to resubdivide five existing lots within Stratford Village Phase 3 in order to create 10 sullots. Kenyon moved Resolution 5131, a resolution approving certain revisions to the preliminary Plat of Stratford village Phase 3, more particularly described as L ots 74, 75, 7 6, 77 and 7 8 of Stratford village Phase 3 located In portions of the Northwest I and Southwest 1/4 of Section. 19, Township 28 North., Range 21 West, P. I.M., Flathead County, Montana. The motion was seconded. Conrad gave a staff report and answered questions. The motion carried unanimously upon roll call vote, FINAL PLAT ASPEN CREEK PHASE 1 This is a request for final plat approval of Aspen Creek Subdivision Phase i consisting of 32 single family residential lots, 18 townhouse lots, and two commercial lots on approximately 19 acres located on the south side of Three Mile Drive near its intersection with Stillwater Road. Larson moved Council accept the subdivision im rove a is agreement and approve the final plat for Aspen Creek Phase 1. The motion was seconded. Conrad gave a staff report and answered questions. There was discussion about road connectivity. Kalispell City Council Minot Aug, 2006 Page Larson suggested reviewing the % bond requirement for unfinished items because it may not cover construction increases any longer. The motion carried unanimously upon vote. E . FINAL PLAT — TERRACE VIEW ESTATES This is a request for final plat approval ofTerraceView Estates, a three lot residential subdivision o approximately eight acres located on the north side of East Califomia Street between 5th Avenue E.N. and 6th Avenue EX Larson moved Council accept the subdivision improvements agreement and approve the fmal plat for Terrace View Estates. The motion was seconded. Conrad gave a staff report and answered questions. The motion carried unanimously upon vote. F. M Yo COUNC.IL/CITY MANAGER'S REPORTS., o Action Mayor Kennedy informed the Council that a hiring committee for a new Police Chief is being established and she would like to serge on the committee. Atkinson said he is opposed to anyone on the Council serving on the hiring committee because he believes there needs to be a separation between Council and staff. Kenyon said he respectfully agrees. Patrick informed Council and the public that a -ay stop sign will be installed at West Reserve and Stillwater Road on Wednesday, August 9. Patrick stated that MDOT is trying to coordinate a meeting with Council and Commissioners regarding the Highway 93 bypass. tr'c . said the dire danger is extreme, and that our firefighters are on call to assist. DNRC i necessary. Larson asked that the firefighters ony help with fires in the valley because he doesn't want the City to go unprotected. Patrick weed. Kalispell City Council Minutes Aug 7, 2006 'age G. ADJOURN The meeting was adjourned at 10'.19 p,m. .ATTEST: JudiFunk Deputy City Clerk Approved August 2 , "-2006 ............. A Duane Larson Council President Kalispell City Council Mx ut s Aug 7, 2006 Page 1