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07/19/10 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JULY 19, 2010, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Planning Director Tom Jentz, Parks Director Mike Baker, Finance Director Amy Robertson, Revolving Loan Fund Manager Wade Elder, Airport Manager Fred Leistiko, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Saverud moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — July 6, 2010 2. Proclamation — Flathead CARE 2nd Annual Glacier Rally in the Rockies Weekend Gabriel moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. PUBLIC COMMENT Pam Carbonari, 120 Sunset Court, Coordinator for Kalispell Business Improvement District and Event Coordinator for Kalispell Downtown Association, detailed their upcoming projects and events and noted that their website is www.downtownkalispell.com. Karlene Osorio-Khor, 229 Seventh Street West, applauded council for selecting diverse members for the Urban Renewal Board. She noted that she serves on the Impact Fee Committee and would like more diversity on that committee as well. Sharon DeMeester, 415 Chestnut Drive, Impact Fee Committee member, asked that council maintain a good balance and diversity on the Impact Fee Committee and noted it is important that everyone be heard. Kalispell City Council Minutes July 19, 2010 Page 1 Council accepted public comments concerning the city's 2010/2011 preliminary budget. Mayor Fisher opened the public hearing. Joe Matulevich, 442 West Spring Creek Road, representing the Kalispell American Legion Baseball Association, read a letter requesting $30,000 for the Lakers Baseball teams in order to upgrade the fields. Mark Norley, Chairman of the Conrad Mansion Board of Trustees, said the mansion is in very good hands, but they would like $2,500 for completion of the inventory of historical documents, photographs, and memorabilia. Todd Snarr, 493 Second Avenue East North, asked that council direct staff to start promoting the valley to big businesses. Mayor Fisher closed the public hearing. 12111 1 11219W E/1. ORDINANCE 1677 — TEXT AMENDMENT - ZONING ORDINANCE UPDATE — 2ND READING The zoning ordinance has not received a comprehensive review since 1993. Over the past several months a thorough evaluation of the zoning codes was made with the proposed text amendment revising the ordinance as a whole. Ordinance 1677 passed on first reading with one amendment June 28. Jentz answered questions regarding electronic reader boards. Public Comment None. Kenyon moved second reading of Ordinance 1677, an ordinance amending the City of Kalispell Zoning Regulations codified at Chapter 27 of the Kalispell Municipal Code, repealing Ordinance 1460 and all parts or portions of other ordinances in conflict herewith, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion Gabriel noted she is still concerned about the provision allowing new mobile home parks to be established with a conditional use permit. There was no further discussion. Kalispell City Council Minutes July 19, 2010 Page 2 The motion carried unanimously upon roll call vote. E/2. ORDINANCE 1678 — AMENDMENT — WILLOW CREEK PLANNED UNIT DEVELOPMENT — 2ND READING Trigon, Inc. has requested an amended planned unit development for the Willow Creek Subdivision which encompasses approximately 140 acres located on the north side of Foys Lake Road between Valley View Drive and Learn Lane. Ordinance 1678 passed on first reading with two amendments July 6. Public Comment None. Saverud moved second reading of Ordinance 1678, an ordinance to amend Ordinance 1625, which amended section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property located within the north half of the north half of the south half of Section 13, Township 28 north, Range 22 West, Flathead County, Montana and described as certain tracts within Certificate of Survey No.18086 and more particularly described in Exhibit "A" attached hereto (previously zoned County R-1, Suburban Residential, and I-2, Heavy Industrial) to City R-3 (Urban Single 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. Council Discussion None. The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Atkinson voting against. E/3. ANNEXATION POLICY The Kalispell Planning Board has prepared a draft annexation policy and staff requested the council review the information and direct the planning board to begin adoption of the policy as an amendment to the Kalispell Growth Policy. Jentz gave a report and staff answered questions. Public Comment Todd Snarr, 493 Second Avenue East North, said the planning board was concerned about septic tanks in Evergreen. Gabriel moved council direct the planning board to begin adoption of the annexation policy as an amendment to the Kalispell Growth Policy. The motion was seconded. Kalispell City Council Minutes July 19, 2010 Paae 3 Council Discussion Hafferman commented that we are on the right track, but suggested several language changes. He noted he is against annexation districts because they require a commitment to annex at a certain time and he is opposed to "forced" annexation. Larson also felt the planning board is moving in the right direction, but agreed with Hafferman regarding forced annexation. Mayor Fisher commented that she wants to see a cost of services plan for each proposed annexation. The motion carried unanimously upon vote. E/4. REDEVELOPMENT LOAN PROGRAM The Revolving Loan Fund Committee is proposing a loan program to help stimulate the local economy and staff is requesting council approval to move ahead with developing the proposed loan program's guidelines and documents. Elder gave a report and answered questions. Public Comment Sharon DeMeester, 415 Chestnut Drive, suggested the city hold a workshop for people who are interested in starting a small business on Main Street. Todd Snarr, 493 Second Avenue East North, stated this is a really good program for small businesses, but what we need are big companies. Saverud moved council authorize the city manager to authorize development of the redevelopment loan program. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. E/5. SAFER GRANT — FIRE DEPARTMENT The city has been notified it has been awarded a "Staffing for Adequate Fire and Emergency Response (SAFER)" grant for three firefighters/EMT's for two years and staff is requesting the council accept the grant. Diehl gave a staff report and answered questions. Kalispell City Council Minutes July 19, 2010 Page 4 Public Comment None. Larson moved council accept the SAFER grant in the amount of $457,887. The motion was seconded. Council Discussion Mayor Fisher and Hafferman commented this is a much better grant than the last SAFER grant which required the city to maintain staffing levels even after the grant expires. The motion carried unanimously upon roll call vote. E/6. FAA GRANT AND ENGINEERING SERVICE CONTRACT AMENDMENT #1 — CITY AIRPORT The city has been notified it has been awarded an FAA planning grant to update the existing Airport Master Plan. The grant would pay 95% of the project which would be performed by Stelling Engineers, the city's engineer of record for the airport. Council is being asked to accept the grant and approve the contract amendment. Howington gave a staff report and answered questions. Jeff Walla, Stelling Engineers, also answered questions. Public Comment Jerry Nix, 43 Sunrise Drive, stated he represents the Monk family who were ready to sell their property quite some time ago, but now the appraisal has expired and they are waiting for a new one. He said the process needs to move forward. Scott Davis, 448 Fifth Avenue West, commented the grant will not be paying for a new study, it will be the old study with a tweak here and there. He said there is nothing wrong with the airport if we leave it the way it is, but people don't want it expanded. Jordan White, Creston, encouraged council to move forward and accept the grant because there is a lot of information to be gathered. Scott Richardson, 1507 First Avenue West, Airport Board Chairman, remarked that this study is important because safety and noise are the major issues and this is an important part of the process. Pauline Sjordahl, 234 Third Avenue West, accused pilots of retaliating against airport opponents by flying lower and closer to their properties. Todd Snarr, 493 Second Avenue East North, noted he has an issue with expansion of the runway if the airport stays where it is. Kalispell City Council Minutes July 19, 2010 Page 5 Atkinson moved council approve Amendment #1 to the Engineering Service contract with Stelling Engineers and accept the FAA grant in the amount of $92,910. The motion was seconded. Council Discussion Mayor Fisher remarked she has a number of concerns about moving forward on this. She said knowing that expansion is not a possibility, this is not a good use of taxpayer dollars. Hafferman commented that this project has been eight years in the making and we are still at square one. He said the only apparent progress we have made is deciding there will be no condemnations and we don't want to lose control of our airport to the FAA. Atkinson stated we are putting the cart before the horse and the study will help us to make a good decision. He said we need to move forward in order to answer questions. Larson noted he is in favor of the grant, but not in favor of FAA funding if it means giving up control of the airport. Zauner remarked this will give us direction for a fairly minimal cost. Saverud and Gabriel noted they will support the motion. Kluesner moved to amend the Scope of Work by revising section 1.5, paragraph 2 as follows: "In conjunction with the Pilot's Survey, the SPONSOR will conduct a survey of all intends to ,.,,,,duet ., ,..,,.dom survey of Kalispell residents and businesses..." The motion was seconded. There was discussion. The amendment failed upon roil call vote with Kluesner voting in favor, and Atkinson, Gabriel, Hafferman, Kenyon, Larson, Saverud, Zauner, and Mayor Fisher voting against. There was no further discussion. The main motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Saverud and Zauner voting in favor and Hafferman, Kluesner and Mayor Fisher voting against. E/7. APPOINTMENT — IMPACT FEE COMMITTEE The city council, on May 17, tabled appointments to the Impact Fee Committee with a call for more applicants. Three letters of interest have been received from Roxanna Brothers, James Cossitt, and Terry Kramer. Mayor Fisher noted the council is still looking for a CPA for this committee and asked for additional time. Kalispell City Council Minutes July 19, 2010 Page 6 Hafferman moved to table the Impact Fee Committee appointments indefinitely. The motion was seconded. The motion carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Hafferman referred to a letter he received from Best Friends Animal Society regarding the vicious animal ordinance and asked that everyone receive a copy. Mayor Fisher asked for an update on the north section of the bypass. Larson asked for a report on emergency access to the ball fields with the increase in traffic on Highway 93 North. The meeting was adjourned at 10:50 p.m. f` Theresa White City Clerk Approved August 2, 2010 Kalispell City Council Minutes July 19, 2010 Page 7