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10/02/06 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P,M., MONDAY, OCTOBER 2, 2006, IN THE COUNCIL CHAMBERS AT CITY BALL IN ALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HERRON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, AND HANK OLSON WERE PRESENT, COUNCIL MEMBER KART GABRIEL WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz, Public Works Budget Resource Officer Terri Loudermilk, Planning Director Tom Jentz, Senior Planner Sean Conrad, Parks Director Mike Baker, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes -�--- Re lar Meeting— September 18 20ao 2. Award Bid — Automated Sideloader and Packer for the Solid Waste Division Three bids were received for a 26 cubic yard capacity solid waste packer truck. Two of the bids failed to meet City specifications. Staff is recommending the bid be awarded to Kois Brothers Equipment in the amount of $202,229.00. 3. Ordinance 1586 -- Police officer Probationary Period -- 2nd Readin In order to comply with State statute, this ordinance would amend the Municipal Code to require a one year probationary period for police officers. ordinance 1.586 passed on first reading September 18. 4. Confirmation — Police Officers Ian Baker and Brian Harris Officers Baker and Harris have successfully completed their probationary period with the Kalispell Police Department and Council confirmation is requested. Atkinson moved approval of the Consent Agenda. The motion was seconded, There was no discussion. The motion carried unanimously upon roll call vote with Gabriel absent. Kalispell City Council Minutes Oct. 2, 2006 Page 1 C. STUDENT ISSUES None. D. PUBLIC COMMENT Dr. Daniel Abbott, 86 Juniper Send Drive, spoke about his easement issue and asked the Council to schedule a public hearing on the matter. Ian Bailey, Thomas Dean & Hoskins, spoke about some of the issues related to Autumn Creek. He stated the applicants agree to the requested conditions except for the waiver of protest for widening Highway 2. He said that would be a state project and he doesn't think the Council can require an SID waiver for a state highway. John Van,150 Buckboard Lane, announced that the Glacier Jazz Stampede will be held this Saturday evening at the Eagles Club, stating it's a great way to introduce young kids to swing music. Bridget Pellet, 2034 Ruddy Duck, stated she has had constant water problems for years. She asked the Council to make sure that certain conditions are met before home construction begins because water pathways have been such a problem. Mike Frasier, Thomas Dean. & Hoskins, submitted a letter on behalf of Goldberg Properties asking the Council to reconsider a couple of the conditions on the preliminary plat for the U.S. Forest Service. (Letter is attached and by this reference is made a part of the official record) Carol Collins, 19 Hathaway Lane, spoke in opposition to Autumn Creek stating the road and traffic problems have not been resolved. Nancy Rose, 1483 Highway 2 west, reiterated the traffic safety concerns regarding Autumn Creek and stated there needs to be another entrance to the development. Mark Noland, owner, Flathead Janitorial, stated he has witnessed three accidents at the intersection of Hathaway Lane and Highway 2, but he is in favor of this project because he would like water and sewer provided to the area. E. PUBLIC BEARING- -- IMPACT FEES Council will accept public comments concerning the proposed impact fees for the water, wastewater, and Storrnwater Systems. Mayor Kennedy opened the public hearing. Randy Goff, HDR Engineering, gave a short power point presentation regarding the impact fees. Proponents None. Kalispell City Council Minutes Oct. 2, 2006 Page 2 Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/1. ORDINANCE 1587 — ESTABLISHING IMPACT FEES —1ST READING Ordinance 1587 establishes and authorizes the procedure for the implementation of impact fees pursuant to the requirements of state law. Larson moved first reading of Ordinance 1587, an ordinance authorizing and establishing the procedure and imposition of impact fees to fund capital improvements in the City of Kalispell, authorizing the City Attorney to codify same and declaring an effective date. The motion was seconded. Harball gave a staff report and answered questions. Hafferman commented the City has had impact fees since 1982 and the only new fee is the stormwater. He said without impact fees, current residents would have to pay for expansion. Hafferman said he believes the consultants and the impact fee committee have done a good job creating a methodology to reasonably create the rates. Hafferman moved that Section I, second to last sentence, be amended to read "The City Council shall not consider for ex enditure or adopt any impact fees that have not been first considered by the committee". The motion was seconded. Harball noted that the amendment would require any expenditure of funds for capital improvements to come before the Council, despite the fact that the Council already approved the improvements in the budget. Atkinson commented this would not be a practical way to go about this, but he applauded Hafferaman's approach. Mayor Kennedy, Larson, and Olson agreed, stating it would be redundant to get Council approval a second time. Hafferman remarked that Council and staff members change and he feels the committee would be a good oversight for the expenditure of funds. Patrick said the auditors are the City's oversight committee. The amendment failed upon vote with Hafferman and Kluesner voting in favor, Atkinson, Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting against, and Gabriel absent. Kalispell City Council Minutes Oct. 2, 2006 Page 3 There was no further discussion. The main motion carried unanimously upon roll call vote with Gabriel absent. FI2. RESOLUTION 5149 — SETTING IMPACT FEES FOR WATER Resolution 5149 sets the impact fees, schedules, and classifications for the Kalispell water Utility. Atkinson moved Resolution 5149, a resolution to set the impact fees, otherwise known as System Development Charges, as well as schedules and classifications imposed on the customers of the City of Kalispell Water Utility and to set the effective date. The motion was seconded. Hansz and Patrick answered questions. The motion carried unanimously upon roll call vote with Gabriel absent. FI3. RESOLUTION 5150 — SETTING IMPACT FEES FOR WASTEWATER Resolution 5150 sets the 'mpact fees, schedules, and classifications for the Kalispell Sewer Utility. Kenyon moved Resolution 5150, a resolution to set the impact fees, otherwise known as System Development Charges, as well as schedules and classifications imposed on the customers of the City of Kalispell Sewer Utility and to set the effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel absent. F14. RESOLUTION 5151— SETTING IMPACT FEES FOR STORMWATER Resolution 5151 sets the impact fees, schedules, and classifications for the Kalispell Storrnwater Utility. Kenyon moved Resolution 5151, a resolution to set the impact fees, otherwise known as System Development Charges, as well as schedules and classifications imposed on the customers of the City of Kalispell Stormwater Utility and to set the effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel absent. F/5. RESOLUTION 5148 —STOP SIGNS (Tabled at the September 18 Meeting) This resolution authorizes the placement of stop signs on 7th Street East at the intersections of 6th and 7th Avenues East. Kalispell City Council Minutes Oct. 2, 2006 Page 4 Larson moved to remove Resolution 5148 from the table. The motion was seconded. The motion to remove carried unanimously upon vote. Garner gave a staff report and answered questions. The motion carried unanimously upon roll call vote with Gabriel absent. F16. RESOLUTION 5152 — ANNEXATION — LEE & LINDA I-IERSHBERGER AUTUMN CREED SUBDIVISION The Hershbergers are requesting annexation of approximately 8.7 acres located north of Highway Z West on the east side of Hathaway Lane. Atkinson moved Resolution 5152, 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 as Assessors Tracts 6AAR,, 6DI and 6AB located in Section 12, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana, to be known as Hershberger Addition No. 383; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Conrad gave a staff report on the annexation, zoning, preliminary plat, and the conditional use permit and answered questions. There was discussion regarding the SID waiver and the public comment that Highway 2 is a state highway. Patrick commented that State Highway Director Jim Lynch has indicated the state is not opposed to using SID funds for improvements. The notion carried upon roll call vote with Atkinson, Rafferman, Kenyon, K3uesner, Larson, Olson, and Mayor Kennedy voting in favor, Herron voting against, and Gabriel absent. F17. ORDINANCE 1588 — INITIAL ZONING — LEE & LINDA HERSHBERGER - AUTUMN CREEK SUBDIVISION —1ST READING The Hershbergers are requesting an initial zoning designation of R-2, Suburban Residential, on the property listed above. Larson moved first reading of Ordinance 1588, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as Assessors Tracts 6AAK,, 6DI and 6AB located in Section 121, Township 28 North, Range 22 west, P.M.M. Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R-2 (Suburban Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kalispell City Council Minutes Oct. 21 2006 Page 5 There was no discussion. The motion carried upon roll call vote with Atkinson, Hafferman, Kenyon, K.luesner, Larson, Olson, and Mayor Kennedy voting in favor, Herron voting against, and Gabriel absent. FIS. RESOLUTION 5153 — PRELIMINARY PLAT — LEE & LINDA HERSHBERGER AUTUMN CREEK SUBDIVISION The Hershbergers are requesting preliminary plat approval to create a 20-lot subdivision known as Autumn Creek consisting of 16 single family lots and 2 two -unit townhouse lots on the above mentioned property. Larson moved Resolution 5153, a resolution conditionally approving the preliminary plat of Autumn Creek Subdivision, more particularly described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range ZZ West, P.M.M., Flathead County, Montana. The motion was seconded. Mayor Kennedy explained that staff has provided three additional conditions for Council to consider as a result of the work session last Monday evening. Larson moved to add Condition #23 stating: "Prior to final plat, a `No [cutlet' sign shall be installed within the Hathaway Lane right of way at the northern end of the intersection of Hathaway Lane and Summer Place. The sign shall be installed in accordance with the policies of the Kalispell Public works Department and the Uniform Traffic Control Devices Manual." The motion was seconded. There was no discussion. The motion to amend carried unanimously upon vote with Gabriel absent. Larson moved to add Condition #24 stating: "A note shall be placed on the final plat that states, `The owner of each lot waives the right to protest the creation of an SID to improve the intersection of Hathaway Lane with US 2 with widening modifications as recommended by the Montana Department of Transportation. The payment for such improvements shall be borne by the owners of lots created after September 2006. The need for such improvements will be triggered when the total of subdivided lots created since September 2006 reaches 100." The motion was seconded. Olson said this could place an unreasonable burden on future owners because no one knows how much the improvements are going to cost. Atkinson noted that the state may decide to improve the road on its own and there may never be an SID. Herron said he feels this is one of the "most bizarre" conditions he's ever seen, questioning what happens if only 96 lots are created and what is being used for a boundary? Kalispell City Council Minutes Oct. 2, 2006 Page 6 Mayor Kennedy agreed and suggested that maybe the last sentence should be removed. Larson moved a friendly amendment to remove the last sentence of the amendment. The second concurred'. There was no objection. The motion to amend carried upon vote with Atkinson., Hafferman, Herron, Kenyon, Kluesner, Larson, and Mayor Kennedy voting in favor, Olson voting against, and Gabriel absent. Larson moved to add Condition #25 stating: "Prior to final plat, a caution sign(s) shall be installed along Highway 2 indicating the intersection of Hathaway Lane. The sign(s) shall be installed at the developer's expense in a location(s) approved by the Montana Department of Transportation." The motion was seconded. The motion to amend carried unanimously upon vote with Gabriel absent. Herron said he is still concerned with the traffic and the wetlands and he's not sure that anything has changed since the Council considered this subdivision approximately a year ago. The main motion, as amended three times, carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, Herron and Kenyon voting against, and Gabriel absent. F19. CONDITIONAL USE PERMIT — LEE & LINDA HERSHBERGER — AUTUMN CREED SUBDIVISION The I Iershbergers are also requesting a conditional use permit to allow the creation of the 2 two -unit townhouse lots in the Autumn Creek Subdivision. Larson moved approval of the conditional use permit for Autumn Creek Subdivision. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. F110. RESOLUTION 5154 — PRELIMINARY PLAT — U.S. FOREST SERVICE Goldberg Properties, on behalf of the U.S. Forest Service, is requesting preliminary plat approval to lease a 5.35 acre parcel from the Department of Natural Resources and Conservation in order to construct a new U.S. Forest Service facility. Larson moved Resolution 5154, a resolution conditionally approving the preliminary plat of U.S. Forest Service Subdivision, more particularly described as lying in the Northwest Quarter Kalispell City Council Minutes Oct. 2, 2006 Page 7 of the Northwest Quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Conrad gage a staff report and answered questions. There was discussion regarding whether a condition should be added requiring a waiver of protest for an SID to upgrade Stillwater Road. Atkinson questioned whether the Forest Service needs to sign the waiver, or DNRC. Conrad said DNRC is not developing the property. Herron emphasised that we are just adding a waiver of protest, we are not creating an SID, and we are the ones that directed staff to place waivers on plats. He added, however, that he feels DNRC should be somewhat responsible for Stillwater Road also. Patrick explained that legal advice has been sought from the City's bond counsel on whether an SID can even be assessed against DNRC. Atkinson stated he's hesitant to place an SID waiver on the Forest Service if one can't be placed on DNRC, but Stillwater Road definitely needs to be improved. Mayor Kennedy commented all of the developers on that property need to be treated equally. Herron moved to add Condition #12 stating: "A note shall be placed on the final plat stating the owner waives the right to protest an SID for the upgrade of Stillwater road to City standards." The motion was seconded. There was further discussion. The motion to amend carried unanimously upon vote with Gabriel absent.. The main notion as amended carried unanimously upon roll call vote with Gabriel absent. G. MAYo CGUNCIL CITY MANAGER'S REPORTS o Action Brodehl announced that the City will be given an ISO Class 3 as of January 1, 2007. Hafferman asked that the Abbott issue be discussed again at a work session. Larson stated that he received information from the Eastside Neighbors asking about the status of the old hospital and asked what the City can do. Patrick said he will be discussing the issue with the Planning Department. Kalispell City Council Minutes Oct. 2, 2006 Page 8 Patrick updated Council on the Conrad sidewalks and stated they should be completed by the end of the month. Patrick stated the purchase of water reservoir land will be on the next consent agenda, and the owners want a 1031 exchange. In response to a request from Council, he stated it will be placed on the regular agenda. H. ADJOURN The meeting was adjourned at 9:30 p.m. ATTEST: Theresa White City Clerk Approved October 16, 2006 Pamela B. Kern*dy Mayor Kalispell City Council Minutes Oct. 2, 2006 Page 9 Brokerage Development Advisory P rope rtj esrinc. September 29, 2006 Sent via email James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Preliminary Plat Request:, Goldberg Properties, US Forest Service Facility Dear Mr. Patrick: Our Preliminary Plat was reviewed and recommended for approval by the Kalispell Planning Board and Zoning Commission on September 19, 2006. The Preliminary Plat had gone through typical review and resulted in certain conditions that we agreed to prier to moving forward in the process. These conditions included among other things, the requirement to dedicate right -of way width for a future arterial road section. The right-of- way dedication to the City of Kalispell includes 10-feet along our western boundary that we will purchase from the Montana Department of Natural Resources and Conservation (DNRQ_ Earlier this week we learned the Conditions of Approval that will be reviewed by the Kalispell City Council will be different from the Conditions of Approval recommended by the Planning Board and which were acceptable to us as developers. we now understand that the City is, as a part of the Plat process, asking us to waive our rights to protest a future, potential Special Improvement District [SID] for improvements to Stillwater Road. we are very concerned about the implications of this new Condition that requires us to give up our future rights. The financial implications of a SID are currently unknown and therefore completely unquantifable from a financial standpoint as well as evaluating the potential impact in our ability to finance or ultimately sell the property. we as developers and business people are not in the habit of giving up our rights. Moreover, we feel it only reasonable for us to be allowed to make financial decisions when the facts are known and at the time other property owners are evaluating the implications of any future SID. r ofIM*"MnM�ffiarW t'rattxi i• 195 West 12th Avenge • Denver, Colorado 80204 * 303/759-80 & FAX 303/863-0275 Our site is relatively small, less than five (5) acres. By virtue of the fact that it is the first site to develop in this part of Section 36, it is already absorbing a disproportionate amount of off -site public infrastructure costs. It is very difficult to absorb all the off -site, public improvements currently required. These off -site improvements are 1 S0 linear feet of the adjacent road on the north side of the site, 2,670 linear feet of 8-inch sanitary suer, 1,395 linear feet of 1 2-inch waterline and 430 linear feet of 8-inch waterline. In addition, we are installing landscaping and constructing an eight -foot bicycle path along Stillwater. We are not inherently apposed to the City creating a SID in the future for the improvements to Stillwater Load and understand that Stillwater is an important roadway for the City of Kalispell to adequately satisfy the traffic reeds. However, we feel strongly, that as a potential party, who will be asked to pay for these improvements that we be allowed to evaluate the cost and benefits at the appropriate time. Therefore, we respectfully ask that the City Council reconsider the insertion of this condition into the approval of the Preliminary Plat. incerel Mark . Goldberg, President Goldberg Properties, Inc.