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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 Kalispell City Council Minutes Sept 5,. 2006 Page . 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. Kalispell City Council Minutes Sept5,2006 Page 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. Kalispell City Council Minutes Sept5,2006 Page 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 Kalispell City Council Minutes Sept 5, 2006 Page 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. Kalispell City Council Minutes Sept5,2006 Page 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 Kailispell City Council Minutes Sept 5, 2006 Page 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. Kalispell City Council Minutes Sept 5, 2006 .gage 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 Kalispeil City Council Minutes Sept 5, 2006 Page