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11/05/07 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, NOVEMBER. 5, 2007, IN THE COUNCIL CHAMBERS AT CITY BALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNEI; , HANK OLSON, DUANE LARSON AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa white, Fire Chief Randy Brodehl, Fire Operations Chief Dan Diehl, Assistant Chief of Police Roger Krauss, Finance Director Amy Robertson, Planning Department Director Tom Jentz, Senior Planner Sean Conrad, Planner II Nicole Johnson, 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. Hafferrnan noted an oversight that the Comments and Adjournment sections were left off the agenda and asked that they be added. There was no objection. There was no further discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes -- Re lar Meeting — October 15 2007 2. Donation Acceptance — Police Tactical Eguipment Donald Abbey has graciously donated $37,292.56 to the Kalispell Police Department to purchase equipment for the Special Response Team and Council acceptance is requested to amend the budget. 3. Grants Acceptance — Fire De artrnent The Fire Department has been awarded several grants totaling $94,167.00 which were not included in the 2008 budget. Council acceptance is requested to amend the budget. 4. Firefighter Confirmations Kyle Gully, Joseph Hansen, and Scott Williams have successfully completed their one year probationary period with the Kalispell Fire Department and Council confirmation is requested. Saverud moved approval of the Consent Agenda. The motion was seconded. Kalispell City Council Minutes November 5, 2007 Page -1 There was no discussion. The motion carried unanimously upon vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT Mayre Flowers, Citizens for a Better Flathead, commended the City for putting their meetings on line and their stance on wanting the southern portion of the bypass completed first, but she had concerns there was not enough notice for the most recent Technical Advisory Committee meeting. Flowers also commented that she is afraid the proposed Planned Unit Development changes gut the standards that have been in place for decades that ensure a quality development. Roger Bowman, 440 Summit Ridge Drive, spoke in opposition to opening Summit Ridge Drive for the Bridgeland subdivision; he said they don't want traffic cutting through their neighborhood like there is in Northridge. He reminded Council that during the Waterford and Northland discussions, the Council promised that Summit Ridge Drive would not be opened for through traffic. Jerry Nix, 43 Sunrise Drive, stated MDT has only acquired 14% of the right-of-way acquisition necessary for the bypass and there is a suggestion to take money from the fund to build other roads in the Hutton Ranch area that `lead to nowhere". Nix emphasized MDT should acquire the balance of the right-of-way now and concentrate on building the southern portion first. Danielle Heil, owner and Co -Director of Meadowlark Montessori, 204 9th Street East, asked for Council's support of their conditional use permit. Laurie Smithwick-Hann, 435 Summit Ridge Drive, spoke in opposition to opening Summit Ridge to through traffic and encouraged the Council, before they make a decision, to travel in the area and determine if they would want their family to face that traffic every day. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EIl. RESOLUTION 5 47A -- ADOPTING GROWTH POLICY AMENDMENT - OR - RESOLUTION 5247B -REVISING GROWTH POLICY AMENDMENT - OR - RESOLUTION 5247C - RUECTING GROWTH POLICY AMENDMENT This is a request by the City of Kalispell to amend the Kalispell Growth Policy for approximately 116 acres generally lying north of Foys Lake Road, just west of South Meridian Road, from Industrial to a combination of Suburban Residential, Urban Mixed Use, and High Density Residential. Conrad gave a staff report and answered questions. Kalispell City Council Minutes November 5, 2007 Page 2 Larson moved Resolution 5247A, a resolution adopting an amendment to the Kalispell Growth Policy 2020, to be known as the Foys Lake Road Growth Policy amendment. The motion was seconded. Olson stated he will support this resolution because Industrial does not fit in this area any more. Atkinson expressed concern that this change will prompt development that will adversely impact traffic on Meridian Road. The motion carried upon roil call vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Atkinson voting against. E/2. CONDITIONAL USE PERMIT —MEADOWLARK MONTESSORI Danielle Heil and Joni Eystad are requesting a conditional use permit to operate a private preschool called the Meadowlark Montessori within an R-4, Two -Family Residential, zoning district. Larson moved Council approve the conditional use permit for Meadowlark Montessori with the attached conditions. The motion was seconded. Johnson gave a staff report and answered questions. Larson noted that the school has applied for a conditional use permit as a daycare, yet when asked why the same safety requirements do not apply, the planning board was told the Montessori is actually a preschool. Johnson responded the zoning regulations do not specifically address preschools and in the past preschools have been considered daycare facilities for zoning purposes. She conceded that even though preschools are considered daycares for zoning, the state does not require the same inspection requirements. Larson emphasized he feels it is just as important to have safety inspections for preschools even if the state doesn't require it. Larson moved a condition be added stating "Meadowlark Montessori shall receive a safety inspection similar to a day care inspection prior to occupancy". The motion was seconded. Olson commented he agrees with Larson's philosophy, but the City should not require something the state doesn't. Gabriel and Kenyon said they also agreed with what Larson is trying to accomplish, but stated they feel uncomfortable adding this condition without more information and without giving the applicants time to respond. Kalispell City Council Minutes November 5, 2007 Page 3 Atkinson moved to table the proposed amendment until November 19. The motion was seconded. The motion to table carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon, and Olson voting in favor, and Kluesner, Larson, Saverud, and Mayor Kennedy voting against, E13. ORDINANCE 1624 -- ZONE CHANGE -- BRIDGELAND DEVELOPMENT LLP -- 1 ST READING Bridgeland Development is requesting a zone change from City R-4, Two Family Residential, to City R-3, Single Family Residential, on approximately six acres for Phase 4 of the .Northland Subdivision located south of Four Mile Drive and north of Northland Subdivision Phases 1-3. Kenyon moved first reading of ordinance 1624, 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 Assessor's Tract 1 located within the northeast quarter of the northwest quarter of Section 1, Township 28 North, Range 22 west, Flathead County, Montana (previously zoned City R-4, Two Family Residential) to City R-3 (Urban Single Family Residential) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Johnson gave a staff report on the zone change and preliminary plat and answered questions. Hafferman stated he doesn't feel the City should be compounding the problem at the intersection of Highway 93, but we do need two accesses into this area. He suggested that Summit Ridge Drive be designated for emergency access only. Olson agreed with Hafferman adding that the Council has to uphold its commitment that was made in the past. There was no further discussion. The motion carried unanimously upon roll call vote. E14. RESOLUTION 5248 -- PR.ELIMINARY PLAT --- NORTHLAND SUBDIVISION PRASE 4 Bridgeland Development is also requesting preliminary plat approval for a 19 lot subdivision for Phase 4 of the Northland Subdivision. Kenyon moved Resolution 5248, a resolution conditionally approving the preliminary plat of Northland Subdivision Phase 4, more particularly described as a 5.8 acre portion of Assessor's Tract 1 located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Kalispell City Council Minutes November S, 2007 Page 4 Larson stated he would like to honor the promise made to the Summit Ridge neighborhood in 1999 and leave Summit Ridge closed. He said the intersection of Highway 93 and Summit Ridge is very dangerous and the developer has even said the connectivity is not needed. Jentz answered questions regarding interconnectivity and storm water drainage. Atkinson commented that another access for Summit Ridge would be advantageous, not negative. I Ie said the 1999 promise dealt with Waterford not wanting a connection to Summit Ridge. He said this is now a different situation and there is a need for connectivity. Mayor Kennedy remarked the more east and west connections we can make in this area the better the traffic flow. She said she sees bigger problems with increasing impacts on Northridge and Four Mile and she doesn't believe people will use Summit Ridge as a defacto bypass. Olson said the Council said "no" in 1999 and this Council shouldn't change that. Kluesner said he wasn't on the Council in 1999 and he feels having the connectivity is important to the area. Hafferman disagreed. He said he feels there should be a connection, but for emergencies only. Hafferman moved that Condition #6 be amended by stating that the connection. to Summit Ridge Drive be gated for emergency access only. The motion was seconded. Gabriel said she feels this is a good compromise. The motion carried upon vote with Gabriel, Hafferman, Larson, Olson, and Saverud voting in favor, and Atkinson, Kenyon, Kluesner, and Mayor Kennedy voting against. The main motion as amended carried upon roil call vote with Gabriel, Hafferman, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Atkinson and Kluesner voting against. E15. RESOLUTION 5249 — FINAL PLAT — LOT 1 B ADAMS ADDITION This is a request for final plat approval from Larsen Engineering and Surveying on behalf of Marilee Wood for a two -lot subdivision of an existing commercial lot located within the Adams Addition at the southwest corner of the intersection of Meridian Road and Three Mile Drive. Saverud moved Resolution 5249, a resolution approving the final plat of the amended plat of Lot 1B of the Amended Plat of Lot 1, Block 1, Adams Addition, located in the northeast quarter of Section 12, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana. The motion was seconded. Johnson gave a staff report. Kalispell City Council Minutes November 5, 2007 Page 5 Mayor Kennedy expressed concerns with the access in and out of the area. Johnson responded the access onto Three Mile Drive was reconstructed by MDT as part of the Meridian Road upgrade. In addition, it will connect with the commercial area in Adams Addition for access onto Meridian The motion carried unanimously upon roll call vote. E/6. BOARD APPOINTMENT —BOARD OF ADJUSTMENT Three letters were received for one opening on the Board of Adjustment. Brian Tanko and Robert Vine are interested in the position, along with Art VanDeraa who indicated he would be interested in the Board of Adjustment or the Technical Advisory Committee. Mayor Kennedy recommended the Council appoint Robert Vine to the Board of Adjustment. Larson moved Council confirm the Mayor's recommendation and appoint Robert vine to the Board of Adjustment. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS o Action Hafferman said one of the recommendations in the water system facility plan is that the Council adopts a Water Conservation Plan and he asked for the issue to be placed on a work session as soon as possible. Patrick thanked the veterans for their sacrifices and commitment and encouraged everyone to vote tomorrow and exercise their rights secured by veterans. G. ADJOURN The meeting was adjourned at 9:16 p.m. ATTEST: Theresa White City Clerk Approved November 19, 2007 Kalispell City Council Minutes November S, 2007 Page 6