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06/04/07 City Council MinutesA REGULAR MEETING OF THE KA.LISPELL CITY COUNCIL WAS HELD AT 7:00 F.M., MONDAY, JUNE 4, 2007, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATK.INSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, HAND OLSON, DUANE LARSON, AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Public Works Director Jinn Hansz, Fire Chief Randy Brodehl, Fire Operations Chief Dan Diehl, Assistant Fire Chief/Prevention DC Haas, Finance Director Amy Robertson, Parks Director Mike Baker, Planning Director Tom Jentz, Senior Planner Sean Conrad, Planner II PJ Sorenson, 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. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Re ular Meetin — May,21 2007 2. WWTP Ex ansion Construction and Post -Construction Services Task order #5 This task order addresses all work items required by the Montana Department of Environmental Quality for successful completion of the WWTP expansion. 3. ordinance 1608 - Municipal Drug.or Alcohol Treatment Court -- 2nd Readin Municipal Court is requesting authorization to establish a Drug or Alcohol Treatment Court for the purpose of supervising non-violent criminal offenders with a history of substance abuse problems. ordinance 160E passed unanimously on first reading May 21. 4. ordinance 1609 -- Vending ordinance Amendments — 2nd Readin This ordinance addresses commercial services on public ways and updates the permitting process. ordinance 1609 passed unanimously on first reading May 21. 5. ordinance 1610 — Street Tree Commission Residencv Requirements -- 2nd Reading Ordinance 1610 changes the residency requirements of the Street Tree Commission from City residents only to citizens residing within the City of Kalispell Growth Policy area. Ordinance 1610 passed unanimously on first reading May 21. Atkinson moved approval of the Consent Agenda. The motion was seconded. Kalispell City Council Minutes June 41) 2007 Page 1 There was no discussion. The motion carried unanimously upon roll call vote with all members present. C. STUDENT ISSUES None. D. PUBLIC COMMENT Erica Wirtala, Sands Surveying, said she represents Ashley Park Phase 9 and asked that condition #4 in the preliminary plat resolution requiring a noise study be amended to read that the developers will work with MDOT and the surrounding landowners to mitigate sound. Bob Erikson, Jackola Engineering, stated he is available to answer questions on the Westbrook final plat. The followin s oke against the annexation and zoning,for Valley Ranch Subdivision Sharon DeMeester, 415 Chestnut Drive, read a letter to Council outlining why they should deny the Valley Ranch annexation and zoning stating the application does not comply with numerous City regulations and the PUD is not consistent with the Kalispell Growth Policy. Stacy Tandy,156 Ponderosa Lane, spoke of her concerns regarding traffic, access, groundwater, the trees and the density of the Valley Ranch project. Bonnie Raeth, 261 White Pine Road, stated she agreed with what has already been said regarding Valley Ranch and asked Council to give careful consideration to this request. Mayre Flowers, 2770 Upper Lost Creek Road, Citizens for a Better Flathead, handed out a packet of information regarding large density developments stating there is a "crying" need for the public to have a better way to understand proposals and complimented a Missoula website for providing density comparisons. Flowers said as far as Valley Ranch, she agrees there are still questions that need to be answered concerning groundwater, density, and the trees. Mark Odell, 231 White Pine, said he supports the previous comments regarding Valley Ranch made by his neighbors. The followina spoke in favor of the annexation and zonin for Valley Ranch Subdivision Bruce Lutz, Sitescape Associates, said he is one of the consultants for Valley Ranch and provided background history on the project. He said he understands the challenge in terms of access on Highway 93 and it's the primary reason the subdivision is not included in the application at this time. Lutz said the developers are waiting until the developments south of this project can create a connection with Rose Crossing that Valley Ranch can hook onto. Kalispell City Council Minutes June 4, 2047 Page 2 Brent Card, Valley Ranch developer, said he has contacted MDoT several times and was told that MDOT cannot work with them on solving the ' traffic issues until the City approves a zoning or subdivision proposal. He said several options are being looked at and he assured the Council nothing will be built until the ingress and egress issues are addressed. Charles Lapp, 3230 Columbia Falls Stage Road, said he has witnessed several annexation requests come before the Council recently and he feels the Council needs to he very clear on whether it's the project you don't want to annex, or whether it's the land you don't want to annex. He said without that direction the development community does not know how to proceed. E. PUBLIC HEARING — FLOOD PLAIN ORDINANCE Mayor Kennedy opened the public hearing. Proponents None Opponents None Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/l, ORDINANCE 1611 —FLOOD PLAIN ORDINANCE —1ST READING Ordinance 1611. adopts updates to the floodplain reaps presented by Federal Emergency Management Agency and the Montana Department of Natural Resources. Larson moved first reading of Ordinance 1611, an ordinance repealing ordinance No. 1170, codified as Chapter 10A Kalispell City Code, and replacing said ordinance with the City of Kalispell Floodplain ordinance in compliance with M.C.A. 76-5-101 through 76-5-406 and declaring an effective date. The motion was seconded. Sorenson gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with all members present. FIZ. RESOLUTION 5205 r-- WATER REFUNDING BONDS Resolution 5205 refinances the existing water bonds as well as financing current water projects at a rate of 3.75% saving the City $95,000 in interest costs. Kalispell City Council Minutes June 4, 2007 Wage 3 Saverud moved Resolution 5205, a resolution relating to $1,283,159 Water System Revenue Refunding Bond (DNR.0 Drinking Water State Revolving Loan Program), Series 2007A; authorizing the issuance and fixing the terms and conditions thereof. The motion was seconded. Robertson gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with all members present. F13. PRESENTATION —ANNEXATION., INITIAL ZONING AND PRELIMINARY PLAT — ASHLEY PARK PHASE 9 This is a request from Somers Land Company for annexation, zoning, and preliminary plat approval of Ashley Park Phase 9 located immediately south of Ashley Park Subdivision Phase 7. Conrad gave a staff report and answered questions. He commented the Planning Board felt the onus should be placed on the developer for the noise study and mitigation, however, if the Council cares to amend condition #4 of the preliminary plat resolution he suggested it read: "Somers Land Company may cooperate with MDT on this process." Olson said he feels the Council needs to establish a policy as to who is responsible for noise mitigation along the entire bypass and asked for a work session to discuss it. luesner agreed with Olson that the issue needs to be discussed further at a work session. F14. RESOLUTION 5206 -- ANNEXATION -- ASHLEY PARK PHASE 9 The property proposed for annexation includes approximately nine acres located at the end of Pintail Drive, approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. Kenyon moved Resolution 5206, 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 a portion of Tract 4 in the Southwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Ashley Park Addition No. 392; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. Kalispell City Council Minutes June 4, 2007 Page 4 F15. ORDINANCE 1612 — INITIAL ZONING — ASHLEY PARK. PHASE 9 -- 1ST READING City R-4, Two -Family Residential, has been proposed for this property which allows both single- family residences and duplexes as permitted uses. Larson moved first reading of Ordinance 1612, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning ordinances (ordinance No. 1460), by zoning certain real property, more particularly described as a portion of Tract 4 in the Southwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R.-4, Two Family Residential) to City R- 4 (Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present, F16. RESOLUTION 5207 — PRELIMINARY PLAT — ASHLEY PARK PHASE 9 Somers Land Company is also requesting preliminary plat approval of Ashley Park Phase 9 to create 34 lots, 1.0 single family and 24 townhouse lots, on the property mentioned above. Kenyon moved Resolution 5207, a resolution conditionally approving the preliminary plat of Ashley Park. Phase 9, more particularly described as a portion of Tract 4 in the Southwest Quarter of the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, The motion was seconded. Gabriel moved to amend condition #4 to state: "A noise study shall be completed prior to the final plat approval. Somers Land Company may cooperate with the Montana Department of Transportation in this process to mitigate noise..." The motion was seconded. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Kenyon voting against. Jentz answered questions concerning design standards and the development process. The main motion, as amended, carried unanimously upon roll call vote with all members present. F17. PR.ESEN'T'ATION -- ANNEXATION AND INITIAL ZONING WITH A PUD OVERLAY — VALLEY RANCH This is a request from Gateway Properties, Inc. for annexation and zoning with a PUD overlay of Valley Ranch located on the east side of Highway 93. Kalispell City Council Minutes June 4, 2407 Page 5 Conrad gave a staff report and answered questions. He explained that petitions have been received asking the Council to deny the zone change and State law requires that if the Council receives petitions from 25% of the adjacent property owners then the zone change has to be approved by a two thirds majority vote. Conrad noted that many of the concerns presented this evening would be reviewed during the preliminary plat process, and final plat approval can not be obtained until adequate traffic connections can be made. He added that this proposal is just north of a future mall site that will be larger than the Home Depot, Target, Hutton Ranch, Costco, Lowe's, and the third phase of Spring Prairie combined. Hafferman noted that DeMeester remarked that per State law a municipality is required to hold a public hearing on any annexation and zoning when a PUD is involved. He said this conflicts with the Planning Board minutes wherein Schutt asked if the board should be holding an annexation hearing prior to the PUD and Jentz noted that the board doesn't hold a hearing on the annexation. Harball responded that the City has chosen to have all hearings taken care of at the Planning Board level and since the Planning Board does not make recommendations on annexation, the purpose for the meetings are for zoning and the PUD. He commented the issue has come up once before and the courts determined not to address it. Harball stated the City tries to give the citizens every opportunity to voice their opinions at a public forum and he doesn't see anything in the complaints that the public has not had that opportunity so he feels comfortable the City is meeting its obligations. Saverud commented he is very concerned with the traffic issues and feels this is premature when the Council does not know what the mall design looks like and whether traffic can flow through that development in an orderly fashion. Jentz remarked the Council will have the decision -making process to make sure traffic and other issues are adequately addressed. He said right now they are trying to do the planning so that when the project to the south comes forward everything can be coordinated together. Jentz said that is why the Planning Board voted 7-0; they were excited to be involved at the planning level to see how this whole neighborhood could come together in an orderly fashion. Patrick reminded Council that MDOT is planning a full interchange for turning movements at Church Drive and Highway 93. Kenyon, after asking several questions, said he feels there are a lot of "loose ends here that don't normally accompany a PUD" and they make hire nervous. Mayor Kennedy reminded Council that this is a preliminary plan, not a preliminary plat. Conrad agreed, stating the Council is simply providing a density parameter and a conceptual plan that any future development will have to adhere to. Kluesner commented if it wasn't for impact fees it wouldn't make sense to annex this property. Kalispell City Council Minutes June 4, 2007 Page 6 F18. RESOLUTION 5208 — ANNEXATION -- VALLEY RANCH The property proposed for annexation includes approximately 81 acres located approximately one and a half miles north of the intersection of Highway 93 and West Reserve Drive. Gabriel moved Resolution 5208, 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 Tract 2, Tract 3 and Tract 2BC in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Valley Ranch Addition No. 393; to zone said property in accordance with the Kalispell zoning Ordinance, and to declare an effective date. The motion was seconded. Hafferman said he believes this development could possibly be beneficial to the community, however, he can understand the neighbors' concerns. He said it appears this area is designed mostly as an R-4 development with a `splash" of R-2 (assisted living) to justify calling it an R--2. Hafferman remarked that this development, as presented, appears to decrease the quality of life for a number of people but we also must balance it with what we need to do to accommodate growth. He continued that this development needs revision and the developers should meet with the Ponderosa Homeowners Association to get some commonality. Hafferman moved to table Resolution 5208 indefinitely until the developer meets with all adjoining landowners and goes back through the Planning Board hearing with a revised plan for annexation and zoning with no additional fees being assessed to the developer. The motion was seconded. The motion to table carried upon roll call vote with Hafferman, Kenyon, Kluesner, Larson, and Saverud voting in favor and Atkinson, Gabriel, Olson, and Mayor Kennedy voting against. Mayor Kennedy asked that the proposal be placed on the workshop agenda for Monday, June 11. F19. ORDINANCE 1613 --- INITIAL ZONING AND PLANNED UNIT DEVELOPMENT OVERLAY — VALLEY RANCH — 1ST READING NOT ACTED ON FI1.0, RESOLUTION 5209 - FINAL PLAT — WESTBROOK SUBDIVISION Jackola Engineering, on behalf of Genesis Developments, LLC, is requesting final plat approval for a two -lot commercial subdivision on the northwest corner of US Highway 2 West and North Meridian. Larson moved Resolution 5209, a resolution approving the final plat and subdivision improvement agreement of the Amended Plat of Lot 2 of the Westbrook Subdivision, located in the east half of the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Kalispell City Council Minutes June 4, 2007 Page 7 Conrad gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with all members present. FI11. ORDINANCE 1614 — ZONING TEXT AMENDMENT — I-1 ZONING DISTRICT -� FIRST REARING This is a request by the City of Kalispell to amend the Kalispell Zoning ordinance to allow an additional permitted use in the I- 1, Light Industrial, zone. Gabriel moved first reading of ordinance 1614, an ordinance amending the Kalispell zoning Ordinance (ordinance No. 1460), by amending Section 27.18.020 to allow "Technology -- Research, Resign, Engineering and Telecommunication Facilities" as a permitted use in the I- 1, Light Industrial zoning district and declaring an effective date. The motion was seconded, Jentz gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with all members present. FI12. BOARD APPOINTMENTS — CITY PLANNING BOARD AND ZONING COMMISSION Four letters of interest were received for the two openings on the board; current board members Rick Hull and Timothy Dorton, along with William Higgason and Jim Williamson. The Board appointments were tabled at the May 7 meeting. Mayor Kennedy recommended the Council reappoint Rick Hull and appoint Jim Williamson to the Planning Board. Olson moved Council accept the Mayor's recommendation and reappoint Rick Hull and appoint Jim Williamson to the Planning Board. The motion was seconded. There was no discussion. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Kluesner voting against, G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Atkinson, on behalf of himself and his family, thanked the City and County employees and the community as a whole for the outpouring of love and concern at the passing of his son Joel on May 12. Kalispell City Council Minutes June 4, 2007 Page 8 Patrick stated the Regional Housing Fair will be held this Saturday from 10:00 a.m. to 6:00 p.m. at the Kalispell Center Mall, and Picnic in the Parr begins June 19. Hr ADJOURN The meeting was adjourned at 9:45 p.m. ATTEST: Theresa White City Clerk Approved June 18, 2007 Kalispell City Council Minutes June 4, 2007 Page 9