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09/07/10 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., TUESDAY, SEPTEMBER 7, 2010, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KAKI 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, Detective Lieutenant Jim Brenden, Fire Chief Dan Diehl, Finance Director Amy Robertson, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, Planning Director Tom Jentz, Senior Planner Sean Conrad, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Council Minutes — Regular Meeting — August 16, 2010 2. Evergreen Sewer Rate for Fiscal Year 2011 Evergreen's rate is based on Kalispell's operational expenses for fiscal year 2010 prorated at the percent of usage based on meter readings at the lift station and the Wastewater Treatment Plant. Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. PUBLIC COMMENT Rosie Olson, 320 Two Mile Drive #207, remarked that she works for the Parks Department and that Woodland Park, particularly the skate park, is a mess. She noted the waste baskets are not used for their intended purpose and she would like people to be more considerate with their garbage. Katherine Combes, 660 Wishart Road, stated she delivers the Epoch Times to council each week and she hopes the council is enjoying reading the paper which focuses on issues not covered by the standard newspapers. Kalispell City Council Minutes September 7, 2010 Page 1 D/1. CONDITIONAL USE PERMIT — FREEDOM HOUSE (TABLED AUGUST 2, 2010) Freedom House of Kalispell, Inc. has requested a conditional use permit to operate a clean and sober house at 1128 Third Avenue West. Atkinson moved to remove the Freedom House conditional use permit from the table. The motion was seconded. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, Saverud, and Mayor Fisher voting in favor, and Zauner voting against. Harball gave an updated report and answered questions, explaining that the definition of "family" is no longer in the zoning ordinance. Public Comment Jerri Guiffrida, 1506 Greendale Court, requested that conditions be added to make Freedom House handicap accessible and to bring the building up to current fire codes. Tara Norick, 285 Skyridge Lane, Columbia Falls, stated she is the property manager for Freedom House and she will assume the responsibility for making sure none of the residents are sexual or violent offenders. Kenyon moved approval of the conditional use permit for Freedom House with the listed conditions. The motion was seconded. Council Discussion Harball answered questions. Kluesner moved to amend condition 1 as follows: "It is suggested required that Freedom House hold a neighborhood meeting quarterly for the first two years of operation to foster improved neighborhood relations, to increase awareness of the operations and activities of Freedom House and to create a forum to accept neighborhood concerns or issues in the future." The motion was seconded. There was discussion. Harball and Randall Marr, President of Freedom House, Inc., answered questions. Zauner moved to table the conditional use permit. The motion was seconded. The motion to table carried upon roll call vote with Hafferman, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Atkinson, Gabriel and Kenyon voting against. Kalispell City Council Minutes September 7, 2010 Page 2 D/2. RESOLUTION 5454 - PRELIMINARY PLAT EXTENSION — NORTHLAND SUBDIVISION PHASE 4 The preliminary plat for Phase 4 would create 19 single-family lots south of Four Mile Drive and north of Northland Subdivision Phase 1-3. Conrad gave a report and answered questions. Public Comment None. Larson moved Resolution 5454, a resolution approving a one-year extension to the preliminary plat of Northland Subdivision Phase 4, located south of Four Mile Drive and north of Northland Subdivision Phases 1-3. The motion was seconded. Council Discussion wno osm The motion carried unanimously upon roll call vote. D/3. RESOLUTION 5455 - PRELIMINARY PLAT EXTENSION — GLACIER VILLAGE GREENS SUBDIVISION PHASES 19 21 AND 22 The preliminary plat for Phases 19, 21, and the remainder of Phase 22 would create 25 single-family lots and 34 townhouse lots located on the north side of the Glacier Village Greens Subdivision. Conrad gave a report and answered questions. Public Comment Erica Wirtala, representing Owl Corporation, noted the infrastructure is almost complete, and that market conditions are not allowing the developer to move forward at this time. Saverud moved Resolution 5455, a resolution approving a one-year extension to the preliminary plat of Glacier Village Greens Subdivision Phases 19, 21 and the remainder of Phase 22, located on the north side of Glacier Village Greens. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes September 7, 2010 Page 3 D/4. ORDINANCE 1680 — AMENDING ORDINANCE 1166 - ADMINISTRATIVE CODE — 1ST READING This ordinance amends the administrative code to reflect certain changes to duties of various city officers and departments. Howington gave a report and Harball and Jentz answered questions. Public Comment None. Atkinson moved first reading of Ordinance 1680, an ordinance amending the City of Kalispell Administrative Code codified at Chapter 2 of the Kalispell Municipal Code, amending Ordinance 1166 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 Saverud moved to amend 2-3 E. as follows: "Perform any other duties specifically designated by ordinance or resolution." The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Larson moved to amend 2-48 D. as follows: "Examine Premises: Examine the premises and occupancies listed in Montana Code Annotated Title 50, Chapter 61, or the Uniform International Fire Code for violations of law..." The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Hafferman remarked that we need to strengthen the code to make sure council approves all contracts. Hafferman moved that, in the appropriate Article, the council shall approve all contracts and approve all change orders that exceed the amount of contingency previously approved by the council for the project. The motion was seconded. Howington suggested that staff develop a clearer definition of "dollar authority" and bring it forward at second reading. Mayor Fisher moved to table Ordinance 1680 for 30 days. The motion was seconded. The motion to table carried upon roll call vote with Gabriel, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor and Atkinson, Hafferman and Kenyon voting against. Kalispell City Council Minutes September 7, 2010 Page 4 D/5. ORDINANCE 1681 — AMENDING ORDINANCE 1581 — COLLECTION OF IMPACT FEES — ELECTION FOR INSTALLMENT PAYMENTS —1ST READING This ordinance amends the impact fee regulations allowing a property owner to elect to pay impact fees in installment payments. Howington gave a report and answered questions. Public Comment Chris Hall, 115 West Evergreen Drive, commented that this is a bad idea and you open the door to debt when you prolong the time to pay. He said it would be useful for a singular person, but not for a developer or business. Mark Waati, 23 Wheatgrass Lane, stated he is a developer and the fees should be reduced in order to jumpstart the development world; this is something to keep things going. Atkinson moved first reading of Ordinance 1681, an ordinance amending the City of Kalispell Impact Fee Ordinance No.1587 codified at Chapter 8 of the Kalispell Municipal Code, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion Saverud noted this sends the message that the city is attempting to be flexible for developers, but that he will abstain from voting as he is involved with a project that this will impact. Mayor Fisher remarked this amounts to "paying as you impact". The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, Zauner and Mayor Fisher voting in favor and Saverud abstaining. D/6. RESOLUTION 5456 — COMPREHENSIVE EMERGENCY MANAGEMENT PLAN This plan provides the organizational, planning, and implementation of emergency management for Flathead County, Kalispell, Whitefish, and Columbia Falls. Diehl gave a report and answered questions. Public Comment None. Larson moved Resolution 5456, a resolution adopting the Flathead County, Montana Comprehensive Emergency Management Plan — Basic Plan. The motion was seconded. Council Discussion Larson commented that this is a good comprehensive plan. Kalispell City Council Minutes September 7, 2010 Page 5 The motion carried unanimously upon roll call vote. D/7. RESOLUTION 5457 — GRANT ACCEPTANCE AND BUDGET APPROPRIATION — PUBLIC SAFETY BUILDING The Department of Justice has awarded the City of Kalispell $250,000 for information technology (IT) upgrades to the Public Safety Building. Howington gave a report and answered questions. Public Comment None. Larson moved Resolution 5457, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council for the purpose of acceptance of a Bureau of Justice Assistance Grant for information technology upgrades to the Public Safety building. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. E. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Howington updated council on plans for Buffalo Hill Golf Course improvements. She also noted there is an erosion problem on the Stillwater side of the golf course and an Engineer of Record contract will be coming before council soon. Mayor Fisher asked for follow up on the Woodland Park skatepark issue. Larson asked for a letter requesting he be reappointed to the MMIA Board of Directors. Kenyon suggested a work session for Freedom House, stating it needs to be resolved one way or another. F. ADJOURN The meeting was adjourned at 8:51 p.m. Approved September 20, 2010 Theresa White City Clerk Kalispell City Council Minutes September 7, 2010 Page 6