09/05/06 City Council MinutesREGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT # .00 P.M.9
UESDAY S PTM ER 512006, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KAISPE L, MONTANA, MAYOR PAMEIA Bs KENNE Y PRESIDED. COUNCIL
MEMBERS JIM A KINSON, BOB HERRON BOB HA FERAN, RANDY IENYN TM
KLUESNER, AND HANK OLSON WERE PRESENT. COUNCIL MEMBERS KAR.
GABRIEL AND DUANE LARSON WERE ABSENT.
Also present: City Manager James Patrick, City .Attorney Charles Harali, City Clerk Theresa white,
Police Chief Frank Garner, Detective Lieutenant Roger Nasset, Fire Prevention Chief Brent
Christopherson, Planning Director Tom Jer t , and RecordiDg Secretary Judi Funk.
Mayor Kennedy x ed .led the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved d approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Gabriel and Larson absent.
B, CONSENT AGENDA APPROVAL
1. Council Minutes — Re lar Meeting.—...A�qost.21, 2006
Atkinson moved approval of the Consent .Agenda* The motion was seconded,
There was no discussion.
The motion carried unanimously upon vote with Gabriel and Larson absent.
C, STUDENT ISSUES
None.
PUBLIC COMMENT
Clarice Gates, 426 7th.Avenue west, spoke in opposition to Ordinance 1582 and stated she was
concerned that employees can live further away from their workstations as we annex and asked how
many City vehicles are taken home by employees; she said taxpayers are footing the gas bills. She also
spoke in favor of Resolution 1 but said she is concerned about reducing the City water hook-up
John King, 13North Haven Drive, spoke in opposition to The Meadows ws subdivision. He said he had
concerns about he and his neighbor's views and stated the developers have not responded to their
requests for elevation drawings. He also stated his eo eems for the intersection of Highway 93 and
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Four Mile Drive and asked if it would be wise to make Four Mile a four large road now instead of
waiting. He asked that approval of this subdivision be denied until safety issues are addressed.
Mari. Litke, Schwartz Engineering, spoke in support of the final plat for Lone Pine Trails and thanked
Council for their support of the Laker's baseball team.
Bruce Lutz, Sitescape Associates, spoke in favor of The Meadows and stated that all the parties
involved will be available to answer questions. He said this is the best of what an inf ll project could
be and they concur with all of the conditions imposed by the Planning Board, including the 21 foot
height limit.
Holly Jean Larson, 852 5th Avenue W.N., also spore in favor of The Meadows and stated they are
marketing to empty nesters and retired persoins. She mentioned several names of people who support
this project.
Christine Rommereim, Thomas Dean & Hoskins, stated she is representing Westview Business Center
2 and asked that Condition 6 be clarified so that they have the option to either replace the street trees
or have it bonded so that Parks aid Recreation can do it.
E. REPORTS RECOIV MENDATIONS AND SUBSE DENT COUNCIL ACTION
ORDINANCE 1582 — AMENDING ORDINANCE RESIDENCY
MQUIREMENTS — 2ND READING
Ordinance 1582 amends the residency y requirements for City department heads and their assistants t
live within three miles or a 15 -minute response time from the City limits. Ordinance 1.582 passed on
first reading August 21..
Atkinson moved second d reading of Ordinance 1582, an ordinance to repeal ordinance No. 847,
o amend ordinance No. 945, to establish residency restrictions for employees of the City o
Kalispell and declaring the policy therefore and declaring an effective date. The motion was
seconded*
Kenyon asked Patrick bow many employees use City vehicles to get to and from Ivor..
Patrick responded that very few of them do and the impact t of this ordinance would be minimal.
afferan stated he voted against this on first reading because he feels a department head should be a
resident of the City, or at least live within the growth policy area. He stated he can support the tree
mile limit but not the 15 minute time limit and he will vote against it again.
Atkinson concurred with Hafferman about department heads residing in the City limits, but stated we
cannot force them to.
There was further discussion.
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The motion carried upon roll call vote with Atkinson, Herron, Kenyon, Klesner, Olson and
Mayor Kennedy voting in favor, Hafferman voting against, and Gabriel and. Larson absent*
E/2.
RESOLUTION 5144 — ANNEXATION — THE MEADOWS
This is a request for annexation of approximately 14 and a half acres located on the south side of Four
Mlle ,give, west of the intersection of Four Mile Drive and North Haven Drive.
Herron moved Resolution 5144,, 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 1, Township 28 North, Range 2
west, *M.M., Flathead County, Montana, to be known as Meadows Addition No. 3 ; to zone
said property in accordance with the Kalispell Zoning ordinance, and to declare an effective
date. The motion was seconded.
, entz gave a staff report on the annexation and answered questions regarding Four Mlle Drive, street
designs, and traffic impacts.
There was further discussion.
The notion carried unanimously upon roll call vote with Gabriel and Larson absent.
E 3. ORDINANCE 1583 — INITIAL ZONING WITH .A PLANNED UNIT DEVELOPMENT
OVERLAY — THE MEADOWS, INC. — FIRST READING
This is a request for a zoning; designation of RW , Two Family Residential, on the property listed
above. The zoning would include a PUD overlay to allow for 138 condominium units with a mix of
multi -family buildings.
Herron moved rirst reading of ordinance 1583, 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 Tract 4 located in Section 1, Township 2
North, Range 22 West, .M.M., Flathead County, Montana (previously zoned County SAG-10,
Suburban Agricultural) to City R-4 (Two Family Residential), with a Planned Unit
Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded.
Jentz gave a staff report and answered questions.
Atkinson lamented the lack of a grid street system in this area and asked if there is a possibility to
connect to the next development.
There was further discussion on the detention pond, traffic impacts, Four Mile Drive, and possible
future connecting routes in the area.
Mayor:Kennedy said she would like to have a work session on detention/retention ponds.
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Herron commented this is inflll, it is what the community asked for, and it 1s a good project.
Mayor Kennedy stated this is a good development and praised the developers for listening to the
neighbors and doing what they could about the height issues, however, she also expressed concerns
with the stop lights on Highway 3. She asked that the letter e sent as soon possible to MDOT
concerning the light at Highway 93 and Four Mile Drive, adding she would also like the letter to
address concerns with Highway 93 and Northridge.
The notion carried n imo sly upon roll call vote with Gabriel and Larson. absent.
E 4. RESOLUTION 5145 —PRELIMINARY .SLAT — W STVEW BUSINESS CENTER
This is a request by Medical Arts Pharmacy for preliminary plat approval for a resubdivision of two
existing lots within the Westview Business 'ark into tree lots.
Kenyon moved Resolution 5145, a resolution con ton lly approving the preliminary plat of
Westlew Business Center, more particularly described as Lots 2 and 3 oWstiew Business
Center, located in portions of the Southwest Quarter of the Southwest Quarter of Section 6,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; The notion was
seconded*
Jentz gave a staff report and answered questions.
There was no further discussion.
The notion carried unanimously upon roil call vote with Gabriel and Larson absent.
. RESOLUTION 514 — FINAL PLAT — SHINING MOUNTAIN CHURCH
Shining Mountain Church is requesting final plat approval for a residential subdivision that contains
three residential lots on approximately one full city block located at 475 8th Avenue E.N.
Kenyon moved Resolution 5146, a resolution gi ro i the final plat of the Resubdivision o
Lot 1. of N rtb East addition, located in Section 8, Township 28 North, Range 21 West, . .M,M.,
Flathead County, Montana. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote with Gabriel and Larson absent.
. . FINAL PLAT — EMPIRE ESTATES PHASE
This is a. request for final plat approval of Empire Estates Phase 5, a residential subdivision which
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includes 35 single-family lots and 34 townhouse lots o approximately 12 acres in the northeast corner
of the Empire Estates Subdivision.
Kenyon moved Council accept the subdivision improvements agreement and approve the final
plat for Empire Estates Phase 5* The notion was seconded*
Jentz gave a staff .report and answered uestors.
Mayor Kennedy asked that the bonding be watched closely on earlier phases of this development.
The motion carried unanimously upon vote with Gabriel and Larson absent.
E . FINAL PLAT — AMENDED LOTS 74-78 of STRATFORD VILLAGE .CHASE 3
This is a request for final plat approval for amended lots -8 of Stratford village Phase 3, a.
residential subdivision creating ten s blots on approximately o.88 of an acre located along the east
side of Stratford Drive at the 'intersection f Stratford Drive and Teal rive..
Kenyon moved. Council approve the rinl plat for Stratford village Phase 3. The notion was
seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon vote with Gabriel and Larson absent.
E, FINAL PLAT— CEDAR COMMONS
This is a request for final plat approval of Cedar Commons, a residential subdivision which includes
six lots and one common area lot on approximately one acre located on the east side of Third Avenue
East, south of the intersection of Third Avenue East and 1 th Street .fast, across from the outlaw tors.
Kenyon moved Council accept the subdivisionimprovements agreement and, approve the final
plat for Cedar Commons. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon vote with Gabriel and. Larson absent.
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E . FINAL PLAT — LONE PINE TRAILS SUBDIVISIO La, LONE PINE ESTATES
S1IVSo�
This is a request for final plat approval of Done Pine Trails, a presidential subdivision which includes
29 single-family lots, 52 two -unit townhouse lots, and approximately three acres of parkland on 23
acres located south of Foys Lake Road.
Kenyon moved Council accept the subdivision improvements ents agreement and approve the final
plat for Lone Pine Trails Subdivision. The notion was seconded.
Jentz gave a staff report and answered questions.
`here was further discussion.
The motion carried unanimously upon vote with Gabriel and Larson. absent.
1.0. ORDNANCE 15 — GRAFFITI ORDNANCE — 1ST READING
Ordinance 1584 wouldrequire that any graffiti within the City limits he removed within ten clays.
Kenyon moved first reading of ordinance 1584, an ordinance requiring the removal of r f * i
placed on property in the City of Kalispell, establishing restitution requirements,, establishing
abatement measures for the failure to remove graffiti, authorizing the City Attorney to codify
sane, and declaring an effective elate. The notion was seconded.
Garner gave a staff report and answered questions.
Mayor Kennedy commented that the City has to take the lead in cleaning up graffiti on our oven
property.
There was no :further discussion.
The motion carried unanimously upon Droll call vote with Gabriel and Larson absent.
E 1 . ORDINANCE 1585 — ZONING TEXT AMENDMENT SPECIAL PARKING
MAINTENANCE DISTRICT No. 2 —1ST READING
This ordinance would allow required parking within Special Parking Maintenance District No. 2, the
downtown area, to be met by a cash -in -lieu payment and to expand the district boundaries to include
the Kalispell Center Mall.
Kenyon moved rirst reading of ordinance 1585, an ordinance amending Sections 27.26.040(t)
and 2 .2*o o of the Kalispell Zoning ordinance, (ordinances 1175, 1202 and 13 by
amending "Off Street Parking Within Special Maintenance District No, " by expanding the
district to include that area currently occupied by the Kalispell Center Mall and by authonUing
cash. -in -lien payment to be made in the alternative to providing on -site parking spaces and
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spaces and declaring an effective date. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon Droll call vote with Gabriel and Larson absent.
E/12. RESOLUTION 51 — RESOLUTION OF INTENT AND CALL FOR PUBLIC
HEARING — IMPACT FEES FOR WATE& SEWS AND SORMWATER
FACILITIES
This resolution states the Council s intention to consider the adoption of impact fees to fund capital
improvements and schedules a public hearing for October 2.
Atkinson moved Resolution 5147, a resolution of intent to establish impact fees for City o
Kalispell Water, wastewater and St rm ater Services pursuant to MCA. 7-6-1601 through 7-6-
1.604, setting a public hearing and directing the City Clerk to provide notice therefore. The
Motion was seconded.
Patrick gave a staff report and answered questiorls.
There was no further discussion.
The motion carried unanimously upon roll call vote with Gabriel and Larson absent.
E 13. POLICE CHIEF CONFIRMATION
Council will be asked to confirm Roger Nasset as the new Police Chief following the retirement of
Frank Garner. The confirmation o would be effective December 29.
Patrick gave a staff report.
Kenyon moved Council approve the appointment of Detective Lieutenant Roger Nasset as the
Kalispell Chief of Police, effective December 29, 2006. The motion was seconded.
t affe .man stated he appreciated the Police Department promoting within the department.
The motion carried unanimously upon vote with. Gabriel and Larson absent.
, A AYO 1 NCI MANAGER'S REPORTS jNo Action
Mayor Kennedy reminded Council that at the September 18 meeting Jim Lynch of MDT will discuss
the bypass.
Atkinson thanked Frank Garner for the excellent work he has done over the years.
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Olson commented that the parking ordinance takes the pressure off for now, but we have to save
downtown and we have to find a solution.
Patrick distributed a pamphlet created by Public Works employee Susie Turner and DEQ entitled "`A
Guide to Healthy Habits for Clear Water"", He explained that as a phase 2 City, we are required to
provide educational materials to the public.
Patrick stated for the public that information concerning impact fees will be on the we site under the
Agenda link beginning Sept. 6.
Patrick also asked that anyone interested ire serving on the Police Commission send a letter of interest
to the City Clerk.
G * AD RN
The meeting was adjourned at :o p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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