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05/17/04 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MAY 17, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Police Chief Frank Garner, Public Works Director Jim Hansz, Community Development Director Susan Moyer, Building Official Craig Kerzman, and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved approval of the Agenda with the following change under Agenda Item E/2: Replace Resolution 4883 with Resolution 4883—A. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting— May 3, 2004 2. Ordinance 1496 — Initial Zoning — Nolan Holdings, LLC/The Greenery — 2nd Reading Nolan Holdings has requested a zoning designation of R-5, Residential/Professional Office, with a Planned Unit Development overlay on approximately 4 acres located on the southwest corner of Four Mile Drive and Hwy 93 North. 3. Ordinance 1497 — Initial Zoning — Robert Lance and Kathryn Posten — 2nd Reading Lance and Posten are asking for a zoning designation of RA-1, Residential Apartment, on approximately 5,000 square feet of property located on the north side of Liberty Street. 4. Ordinance 1498 — Initial ZonmQ —Debbie Willis-2nd Reading Willis is asking for a zoning designation of R-4, Two Family Residential, on approximately one and one-half acres located on the north side of Sunnyside Drive near Denver Avenue. 5. Proclamation —Foster Care Month Larson moved approval of the Consent Agenda. The motion was seconded. Hafferman moved to remove #4, Ordinance 1498, from the Consent Agenda and place it on the main Agenda as Item #F/9. The motion was seconded. There was no discussion. The motion carried upon vote with Gabriel, Hafferman, Herron, Kenyon, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Atkinson voting against. Kalispell City Council Minutes May 17, 2004 Page I The main motion as amended carried unanimously upon roll call vote. C. STUDENT ISSUES None. D. HEAR THE PUBLIC Erica Wirtala, Sands Surveying, spoke in favor of the final plat for Ashley Meadows Subdivision. E. PUBLIC HEARINGS 1. CDBG Grant Application — Head Start Facility Mayor Kennedy opened the public hearing. Proponents Kathryn McLeod, Director of Northwest Montana Head Start, said about four years ago the board and staff developed a strategic plan and identified that a facility was a large need for the continuing operation of Head Start. She said since then they've had a run of bad luck with buildings. McLeod explained they had to shut down their facility at the Presbyterian Church due to mold concerns and they moved into the Salvation Army building, which was only available for a few months. They next moved to the Evergreen Alliance Church, which they also had to leave due to mold problems. She said staff had to shut down the center and Head Start has been operating as a home -based service for about 70% of the families that normally attend. McLeod said they have been looking desperately for temporary and pennanent space that is "woefully" unavailable in the community and are now looking at vacant land to build a facility. She said a site has been located and they really need the help of CDBG funding to make the building a reality. Tessa Hill, 121 Birch Drive, said two years ago her grandsons, who they have since adopted, came to live with them and they entered them in Head Start. She said the oldest boy, because of Head Start, is reading at a first grade level even though he's only in kindergarten. Hill said the younger boy, who is in Head Start now, has also benefited but he has been struggling since the facility has been home based. She said Head Start is a wonderful program and asked the Council to approve the grant application. Kent Hill, 121 Birch Drive, agreed with his wife, adding that the growth he has seen in his two grandsons, through Head Start, has been truly incredible despite the abuse situation they came from. Hill said Head Start is vitally important to the community. Diana Johnson, 1985 Highway 35 #4, said three of her children have completed the Head Start program, the youngest of which had mental incapacities. She said she can't say enough about the program, which not only helps the children, but also the parents. Jeff Hagen, member of the Northwest Montana Head Start Board, said the program not only helps prepare children for school, it also teaches them social skills. Hagen complimented the program for also providing parental support and providing parenting skills. Diana Sanford, 180-B Pioneer Road, said her youngest child is struggling since Head Start shut down and it's hard for her to explain why he can't go to school. She asked for Council support. Kalispell City Council Minutes May 17, 2004 Page 2 Christina Riddle, 246 School Addition Road, said she has two children currently in Head Start and they have blossomed since starting the program. She said Head Start has taught them how to socialize and how to be creative. Riddle said children, ages three and younger, are at the most impressionable time in their lives and Head Start gives them a lot of what they need and don't get at home. Bill Johnson, Chairman of the Northwest Montana Head Start Board of Directors, said he's also the Special Services Director for the Columbia Falls School District and has always had an interest in early intervention. He said things have been up and down the past few years for Head Start in Kalispell and families deserve more; they deserve to have this facility as a place to have continuity in the program and not have to worry about where the program will be from one year to the next. Johnson asked that Council approve the grant application for the betterment of the community. Opponents None. Mayor Kennedy closed the public hearing. 2. Downtown Business Improvement District — Work Plan and Budget Mayor Kennedy opened the public hearing. Proponents Ken Yachechak, member of the Downtown Business Improvement District Board of Directors, said the board has worked diligently over the past several months to develop a plan that will enable downtown businesses to develop, redevelop and reinvent itself over time. He said first the board wants to do an inventory of the downtown, find out what the rents are, where the vacancies are and what is for sale. Yacheehak stated the board feels this can be done through contract labor because the board does not want a staff. He said one of the goals of the board is to have other businesses, outside the district, want to join in. He explained that the board has developed a $70,000 budget for the first year which will be used to create a master plan, a grant program and other projects that will give back to the people who voted for this something they can tangibly feel, touch and see. Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/I. RESOLUTION 4890 —AUTHORIZING SUBMISSION OF GRANT APPLICATION Larson moved Resolution 4890, a resolution authorizing an application to the Montana Department of Commerce for a Community Development Block Grant to assist in funding a new facility for the Head Start program. The motion was seconded. Moyer gave a staff report, complimenting Head Start on how they've tried to help themselves over the past year. She said Head Start has been looking really hard for a site and she's pretty sure the Kalispell City Council Minutes May 17, 2004 Page 3 organization will get a rural development loan if the City can assure them that the CDBG grant will be sought. Moyer said Head Start, if successful, will be taking on a 1.3 million dollar obligation over the next forty years. She emphasized without Head Start children are not only losing out on education, they are also losing out on nutrition and health care. Moyer commented it will be a tough uphill battle trying to obtain this grant, but "we're going to give it our best shot". Atkinson said he can't think of another thing the Council can vote on that's this easy. He said be has a grandson in Head Start and he supports everything the program has done in the past and what they plan for the future. Mayor Kennedy said she had a granddaughter in the program and she truly believes that without her involvement in Head Start she wouldn't be flourishing today. The motion carried unanimously upon roll call vote with all members present. F/2. RESOLUTIONS 4891A/4891B/4891C — ADOPTING REVISING OR REJECTING THE DOWNTOWN BID WORK PLAN AND BUDGET As required by State law, the Board of Directors for the Downtown Business Improvement District has prepared a work plan, budget and method of assessment. Peters moved Resolution 4891A, a resolution approving the work plan, budget and method of assessment for the fiscal year 2004-2005 for the Kalispell Downtown Business Improvement District as recommended by its Board of Directors. Larson spoke in favor of the resolution, stating a lot of hard work has gone into the BID and he feels this is an innovative work plan where businesses are helping themselves. Atkinson also complimented the BID board for the work they've done, adding it's "neat" to see people getting together to do the right thing for the community. The motion carried unanimously upon roll call vote. F/3. RESOLUTION 4892 — WATER SYSTEM REVENUE AND REFUNDING BONDS Resolution 4892 finalizes the sale of S 1,840,000 in water system revenue and refunding bonds to install water utilities on Highway 93 South. Kenyon moved Resolution 4892, a resolution relating to $1,840,000 Water Revenue and Refunding Bonds, Series 2004; authorizing the issuance and fixing the terms and conditions thereof and the security therefore. The motion was seconded. Kukulski gave a brief staff report. Hafferman stated he's against the sale of these bonds because the project they're financing goes against the City's regulations and it's being purchased with a credit card that's indebting our children and grandchildren for our mismanagement. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. Kalispell City Council Minutes May 17, 2004 Page 4 F/4. RESOLUTIONS 4893A/489313—REQUESTTOAMENDPRELIMINARYPLATFOR GLACIER COMMONS SUBDIVISION Shaw Development has requested Council amend the condition in the preliminary plat for Glacier Commons that requires the upgrade of Granrud Lane to City standards from Whitefish Stage Road to Country Way. Atkinson moved Resolution 489313, a resolution rejecting the request of Shaw Development, owner of certain real property, to amend Resolution 4711 conditionally approving the preliminary plat of Glacier Meadows Subdivision, more particularly described as Assessor's Tract 2 in the Northeast Quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Kukulski explained the City Council required that one of the conditions of preliminary plat approval required that Granrud Lane needed to be upgraded to City standards. He said what wasn't clarified is how much of the road would be upgraded. After deliberating the issue, the developer has asked to improve the roadway with curb and gutter for 950 feet from Whitefish Stage Road to Buffalo Stage Drive and from there to Country Way approximately 380 feet. Kukulski said in order to provide for pedestrian traffic the full length of Granrud, it's proposed that an eight foot wide asphalt bike path be construction on the south side of the street which would connect with the Whitefish Stage Road bike path. He said because it was not clear at the time of approval, staff feels it's critical the Council approve or deny the request. Hafferman commented that based on other road situations that have come before the Council, he's interested in seeing how members rationalize and vote on this issues. He said on February 4, 2002 he questioned why this developer had to improve the entire length of Granrud Lane to City standards with sidewalks. Hafferman said at that time he made a motion to amend the condition to state "the developer shall upgrade Granrud Lane from Whitefish Stage to the south entrance of this development with improvements consisting of curbs and sidewalks on the north side of the road", which failed on a seven -to -one vote. Hafferman said second, the Council didn't require any improvements on Sunnyside Drive, third, the council required buffer strips with bicycle paths along several subdivisions recently approved along Three Mile Drive; and fourth, at the last meeting the Council approved on a seven -to -one vote the preliminary plat for The Greenery project with no set improvements to Four Mile Drive. He said he is going to vote against the motion to reject the proposal because he believes the Council is going overboard requiring this developer to do "much more work than we have any other since I've been on this Council". Hafferman urged members to look closely at accepting the developer's request. Atkinson said he moved to reject the request because, if he understands it correctly, the proposal doesn't include upgrading the roadway to the very western end of the development. Kukulski said that's correct, the proposal has the upgrade extending to the cross section of Whitefish Stage Road, which would leave about 380 feet that wouldn't be upgraded. There was further discussion and Kukulski answered questions Olson said he's confused and would like to see the issue tabled and discussed at a work session. Peters said he would like to reject Atkinson's motion and get with the developer on making this project work. He said there aren't any specifics in the condition and because it's ambiguous, the Council should be helping to clarify the issue. Kalispell City Council Minutes May 17, 2004 Page 5 Larson said he supports Atkinson's motion because there is an obligation on the part of the developer to upgrade the roadway along the entire subdivision and he doesn't want the Council to start reviewing preliminary plats and making changes. Peters said it's obvious the Council needs to decide how the Council is going to handle transportation issues with future developments because, as Hafferman stated, it is a hodgepodge right now. Kukulski agreed there are some inconsistencies, but not quite "as loud as they're being expressed". He said most of these cases involve State secondary roads, and as far as Granrud, negotiations were made and at the time the requirements were thought to be fair and equitable. There was discussion on future growth to the west and what those developers' obligations would be concerning Granrud Lane. Mayor Kennedy said she will vote in favor of the motion as it stands unless there's a motion to table the issue for further discussion. Olson moved to table Resolution 4893B. The motion was seconded. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Olson and Mayor Kennedy voting in favor, and Larson and Peters voting against. F/5. FINAL PLAT—ASHLEY MEADOWS SUBDIVISION This is a request for final plat approval of Ashley Meadows Subdivision that plats 13 single-family lots on approximately four and a half acres located on the east side of Denver Avenue between Bluestone and Sunnyside Drive. Larson moved a motion to accept the subdivision improvement agreement and approve the final plat for Ashley Meadows Subdivision. The motion was seconded. Wilson gave a staff report. Hafferman commented this issue is one of property rights, versus the shortcomings of this Council; the inaction of the Council on addressing the condition of Sunnyside Drive. He said he hopes the Council will do soon do something more "than wring our hands on the road issues". Olson asked why staff accepted cash in lieu of parkland. Wilson stated this is a fairly small subdivision and the required dedication of parkland did not exceed one acre and therefore didn't meet the criteria. The motion carried unanimously upon roll call vote. F/6. FINAL PLAT — WESTERN PINES SUBDIVISION This is a request for final plat approval of Western Pines Subdivision that plats four townhouses on approximately 0.3 acres located on the west side of 7th Avenue West between 11 th Avenue West and Sunnyside Drive. Kalispell City Council Minutes May 17, 2004 Page 6 Larson moved approval of the final plat for Western Pines Townhouses. The motion was seconded. Hafferman announced he will abstain from voting because he was the engineer on the development's water and sewer project. Atkinson asked if there is a plan for upgrading Western Drive. Wilson responded Western Drive is a private road that is owned by the Western Acres Homeowners Association and there are no plans for upgrades at this time. The motion carried upon vote with Hafferman abstaining. F/7. RESOLUTION 4894 — AQUATIC PARK FEES Resolution 4894 sets the open swim fees, the season pass fees and the lesson fees for the newly constructed Woodland Aquatic Park. Atkinson moved Resolution 4894, a resolution setting the fees for the Woodland Aquatic Park. The motion was seconded. Atkinson said the television audience didn't get to see the students from Hedges School who attended the work session on the aquatic fees, or the deliberation that took place afterward. He said he really appreciated the input and the discussions and he will support the resolution. Mayor Kennedy agreed, stating the entourage of fourth graders and the letters the Council received was wonderful. (Letters are attached and by this reference are made a part of the official record) Larson said he also commended everyone that spoke, adding he thinks they reached a reasonable compromise, but added when the fees are reviewed in the future, he would like to see the structure changed for one to four years olds. Olson commented he would also like to see the fees reviewed in conjunction with County residents, stating County participants are getting a great deal on Kalispell's shoulders, and because of that he will not be voting in favor. In addition, Olson said he would also like a check and balance after a month of operations to see "if we're okay". Larson said he thought the Council decided that in order to get a complete picture of the situation, a review should be performed following a complete season. Olson said because it's an 84-day schedule, it was decided to break it into thirds. Olson moved to amend Resolution 4894 by adding a budget review shall be performed following 30 days of operation. The motion was seconded. Peters stated the Council shouldn't be micro -managing this. He said the Council can look at it again after the first full season. The amendment failed upon vote with Hafferman, Kenyon and Olson voting in favor, and Atkinson, Gabriel, Herron, Larson, Peters, and Mayor Kennedy voting against. Kalispell City Council Minutes May 17, 2004 Page 7 There was no further discussion The main motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Larson, Peters and Mayor Kennedy voting in favor, and Olson voting against. F/8. ORDINANCE 1499 — INTERNATIONAL BUILDING CODES --1ST READING In order for the City to maintain its certification, Council is required to adopt any amendments to the building codes made by the State of Montana. Larson moved first reading of Ordinance 1499, an ordinance to amend Ordinance No. 1444 adopting, by reference, the "Internationa► Building Code (113C)", 2003 Edition, the "International Residential Code (IRC)", 2003 Edition; the "International Existing Building Code", 2003 Edition; the "International Mechanical Code", 2003 Edition; the "International Fuel Gas Code", 2003 Edition; and the "Uniform Plumbing Code", 2003 Edition, as the building codes of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. Kerzman gave a staff report and answered questions. Atkinson made a motion to amend Section X to read: "Section 112 of the International Building Code, providing for a Board of Appeals, shall be the provision applicable and shall be used for appeals under this Ordinance". The motion was seconded. The motion carried unanimously upon vote. The main motion carried as amended unanimously upon roll call vote. E/9. ORDINANCE 1498 — INITIAL ZONING — DEBBIE WILLIS — 2ND READING (MOVED FROM CONSENT AGENDA) Willis is asking for a zoning designation of R-4, Two Family Residential, on approximately one and one-half acres located on the north side of Sunnyside Drive near Denver Avenue. Atkinson moved second reading of Ordinance 1498, 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 Tract A in Lot 5 of Sunnyside Park in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana (previously zoned County R-1, Suburban 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. Hafferman said he voted no on the first reading because of his concerns with Sunnyside Drive and the change from County R-I to City R-4 and he will vote no again. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman, Kenyon and Peters voting against. Kalispell City Council Minutes May 17, 2004 Page 8 G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy announced this is National Emergency Medical Services Week Larson said the Kalispell Fire Department holds monthly clinics on proper installation and use of child safety seats. Larson also recognized Connie Stein, one of the original founders of the Lakeside QRU, who passed away recently. Peters said he discovered this weekend just how quickly EMS responds when his daughter was in a bad accident. He said he believes if Kalispell and Smith Valley hadn't responded as rapidly as they did, she probably would not have made it. Kukulski said items are stacking up and asked the Council to check their calendars to fit in extra work sessions. H. ADJOURN The meeting was adjourned at 9:03 p.m. ATTEST: Theresa White City Clerk Approved June 7, 2004 Pamela B: Keri'nedy Mayor Kalispell City Council Minutes May 17, 2004 Page 9 Altacareof Montana • L fesli7ll'ls Comprehensive School Based & Community Treatment Cornettus Hedges Ekmentary School Russet! Ekmentwy School 757 4087phone, 751-4095far 751-3898phone, 751-3965J4x ElrodElemerawy School 751-3716phone, 751-3705fax Hon, Pam Kennedy, Mayor Kalispell City Council Kahipel7Jumor High School 751-3814 phone, 751-3995fax Dear Mayor Kennedy and Council members: Linderman School 751-3985 phone, 751-3775 fax May 10, 2004 Hedges School serves children within walking distance of Woodland Park and the pool- As a part of the Hedges School program, we have contact with many children that spend most of their summer vacation walking or biking to the park for the day. With growing national concern over children's health issues, we have long felt that our children are fortunate to have such great opportunities so close and available. We read of the increase in pool fees, therefore, with great alarm. There has long been an impression that Hedges School serves an upper income population. Indeed, there are some children here who are fortunate enough to have parents who are able to provide all of their children's reasonable wants and needs. There are, however, a larger number of children who are of middle to low to even poverty income levels. Until the present threat, Bruckhauser has remained a viable option for all of these children, regardless of economic status. We are deeply concerned that the new fees will almost certainly make the pool unavailable to the greater number of children, making it accessible only to those privileged enough to afford life's extras. When the original votes were cast to upgrade Bruckhauser and the paWs facilities, we were heartily in favor. It was like a dream come true, all children in our community would have access to this wonderful recreational opportunity. Indeed, as the projects near completion, the new facilities look great. The children are excited for the pool to open and are already talking about a summer of unimaginable fun! This is most disheartening, as we are certain that many of the children we know will become only fence hangers. This is unacceptable, after such an effort has been put forth to improve our recreational facilities. With a fee increase, this is, in fact, no improvement at all and is rather a tremendous disservice to the children of our community. Please consider the needs of your community's less fortunate children. Thank you for your attention. Yours sincerely, Jm�,� Cathy Bonham, MSW, Therapist Mary Harker, Behavior Specialist VIV ; 1 =-=ems. 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