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1. Council Minutes - Regular Meeting - August 2, 2010A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 2, 20109 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, Planning Director Tom Jentz, Senior Planner Sean Conrad, Parks Director Mike Baker, Public Works Director Jim Hansz, Building official Jeff Clawson, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon 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 19, 2010 Saverud moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. PUBLIC COMMENT Jim Cossitt, 1231 Sixth Street West, said he was concerned about the Daily Inter Lake article regarding the legality of the airport leases and requested that an investigation be instigated. He wondered what else is going on in the community that council does not know about. Phillip Guiffrida III, 1124 Third Avenue West, commented that he would like to see a city ordinance that prohibits subletting in residential areas. He said it would be beneficial for both the city and landlords. Kalispell City Council Minutes August 2, 20 10 Page 1 D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION DI1. AWARD BID — WATER & STREET IMPROVEMENT PROJECT Three bids Were received from LHC, Newmann, and Knife River for upgrading the Water system and improving the roadway surface on 1 lth Street East between 7th Avenue East and Woodland Avenue. Staff recommended the bid be awarded to LHC in the amount of $225,921.39. Howington gave a report. Public Comment None. Atkinson moved council award the 11th Street Water and Street Improvement project to LHC, Inc. in the amount of $225,921.39. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote. D12. AWARD BID — PUBLIC SAFETY BUILDING ROOF Four bids were received from Advanced Roofing, Neu -Tech Roofing, Roof Works, and Summit Roofing to replace the north half of the public safety building roof. Staff recommended the bid be awarded to Advanced Roofing in the amount of $12,5 So to be paid by a grant from the Department of Energy. Howington gave a report. Public Comment None. Atkinson moved council award the public safety building roof bid to Advanced Roofing in the amount of $12,580. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote. Kalispell City Council Minutes August 2, 20 10 Page 2 D13. POSTPONE AWARD of BID — FIRE STATION 51 RENOVATION Three bids Were received from Hammerquist & Caselegno, Jackson Construction, and Swank Enterprises for the renovation of Fire Station 61 to be paid by a grant from the Department of Homeland Security. A comprehensive review of the bids is being conducted and staff requested the award be postponed to August 16. Howington gave a report. Public Comment None. Larson moved council postpone the Fire Station 51 Renovation bid award until August 15. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. D14. SILVERBROOK ESTATES PARK TRANSFER The park area of 2.6 acres in phase one of Silverbrook Estates is completed and staff recommended the park be transferred from the city to the Silverbrook Estates Homeowners Association. Baker gave a report and answered questions. Public Comment None. Gabriel moved council approve the transfer of Assessor #E001190 (Block 22) to the Silverbrook Estates Homeowner's Association. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote. D15. CONDITIONAL USE PERMIT — FREEDOM HOUSE Freedom House of Kalispell, Inc. is requesting a conditional use permit to operate a clean and sober house at 1128 Third Avenue West. Conrad gave a report and answered questions. Kalispell City Council Minutes August 2, 20 10 Page 3 Jentz and Harb all answered questions. Public Comment Rod Nash, 2575 Mission Trail, President of the Board of Directors for Freedom House, stated the residents must be out of the house from 9-5 weekdays. He said a house manager is on site in the evenings and on weekends, and if he is unavailable, a member of the board is present. He listed the members of the Board of Directors and answered questions from council. William Hawk, house manager for Freedom House, stated that no violent or sexual offenders will be permitted in this facility. He said they are trying to rehabilitate people who want to be rehabilitated and they encourage helping themselves by helping others. Hawk answered questions from council. Joi Gratny, 28 Preston Drive, member of the Board of Directors for Freedom House, commented that the purpose of the facility is to teach men to be successful and learn life skills. She said Freedom House is funded solely from private donations. Jeannie McFarland, 113 5 Third Avenue West, said that because there are a number of children that walk in that area the neighbors are concerned with the number of residents and who is monitoring the residents. Jerri Guiffrida, 1506 Greendale Court, remarked she owns the apartments at 3 rd & 11 th Street West and she is concerned that Freedom House has zero accountability. She said "clean and sober houses" need to be included in the zoning ordinance, but not in a residential zone. Phillip Guiffrida III, 1124 Third Avenue West, said he feels this type of subleasing needs to be addressed in the zoning codes. He asked the council to table the issue and investigate this type of facility in other cities. Allison Bishop, 1115 Third Avenue West, commented she feels the staff report doesn't truthfully represent the issues and we need to be clear about what we are dealing with and what the responsibilities are. Phillip Guiffrida II, 1506 Greendale Court, asked the council to table the permit, stating he doesn't believe in subleasing. He remarked that we need sober houses but not in residential areas. Jeff McFarland, 825 Third Avenue West, commented that no one is against the residents' recovery, but his concern is the operation of the facility. He said more time is needed to study the issue and he also asked that the matter be tabled. Kenyon moved council approve the conditional use permit for Freedom House with the two listed conditions. The motion was seconded. Kalispell City Council Minutes August 2, 20 10 Page 4 Council Discussion Hafferman said the Fair Housing Act has been cited in connection With this issue, but federal laws do not trump states' rights, and states' rights have a direct bearing on this issue. In addition, he said the City of Kalispell is not a recipient of any federal grant monies connected to this issue and therefore there is no list of assurances to be followed. Hafferman said he cannot vote for this CLP because we are only bound by the Kalispell Municipal Code which states you cannot have more than four unrelated people, excluding servants, living together as a single housekeeping unit. Mayor Fisher remarked the Federal Fair Housing Act does apply in Montana, but she feels this is a zoning and density issue. She said she could support the CUP with the following additional conditions: the city be provided with a valid sublet agreement, a Letter of Agency from the owner, confirmation of valid IRC 501(C)(3) status, and a limitation of four residents. As far as Findings of Fact to support the conditions, Mayor Fisher offered: (1) lack of parking; (2) public safety; (3) neighborhood impacts; (4) historical use patterns; and (5) effect on property values. Larson commented that many of these problems could have been avoided had the city been consulted from the beginning. He said although Hawk answered a number of questions, there are still many that are unanswered and he feels the council should table the request for a month to do more research. Larson moved to table the conditional use permit for one month (September 7). The motion was seconded. The motion carried upon roll call vote with Atkinson, Gabriel, Kluesner, Larson, Saverud, and Zauner voting in favor, and Hafferman, Kenyon, and Mayor Fisher voting against. D15. RESOLUTION 5439 — ENVIRONMENTAL CERTIFYING OFFICER Resolution 5439 designates Tom Jentz as the Environmental Certifying officer for the City of Kalispell, allowing the city to continue to apply for state and federal grants. Jentz gave a report and answered questions. Public Comment None. Atkinson moved Resolution 5439, a resolution amending Resolution 4545, authorizing Thomas R. Jentz as the environmental certifying officer for the City of Kalispell. The motion was seconded. Council Discussion None. Kalispell City Council Minutes August 2, 20 10 Page 5 The motion carried unanimously upon roll call vote. D17. RESOLUTION 5440 — ANNEXATION — EVERETT This is a request by Loren and Patti Everett to annex approximately one-third of an acre located at 1721 South Woodland Drive. Mayor Fisher announced she is a good friend of the Everett's and recused herself from the discussion and vote on Resolution 5440 and ordinance 1679. President Larson took the chair. Conrad gave a report and answered questions. Public Comment Loren "George" Everett, 1344 Helena Flats Road, answered questions explaining why they are requesting annexation. Atkinson moved Resolution 5440, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as a portion of Lot 22 of Block 1 of Greenacres Subdivision located within Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", to be known as Everett Addition No. 409; to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Council Discussion Gabriel said she cannot support the annexation because this property is next to a mobile home park which is expected to request annexation next and she doesn't feel the city should be annexing existing mobile home parks. Saverud noted he understands the Everett's reasons for annexing, however, the city has been striving for years to eliminate islands and the resulting confusion for emergency services. He said it is a mistake not to be looking at a larger annexation here. Kenyon agreed. He said one of the main things the council discussed over the past few weeks in conjunction with the zoning ordinance is avoiding annexations of this type. Hafferman commented that if the city tries to annex all of Greenacres at one time it will cost an arm and a leg to bring it up to city standards. He said the only way that area will ever be annexed is on an individual basis. Kluesner concurred, adding the easiest way to eat an elephant is one bite at a time. The motion carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, and Zauner voting in favor, and Gabriel, Kenyon, and Saverud voting against. Kalispell City Council Minutes August 2, 20 10 Page 6 DIS. ORIDINANCE 1579 — INITIAL ZONING — EVERETT — 1ST READING Loren and Patti Everett have requested a zoning designation of R-3 (Urban Single Family Residential). Conrad answered questions. Public Comment None. Saverud moved first reading of ordinance 1579, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning ordinance, (ordinance No. 1450), by zoning certain real property more particularly described as a portion of Lot 22 of Block 1 of Greenacres Subdivision located within Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", (previously zoned County R-2 (one Family Limited 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. Council Discussion None. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Saverud and Zauner voting in favor, and Kenyon voting against. Mayor Fisher returned to her seat. D19. RESOLUTION 5441— POLICE IMPACT FEES Resolution 5441 adjusts the impact fees for all users creating additional demand on police facilities. Howington gave a report and answered questions. Nasset and Harball answered questions. Public Comment None. Zauner moved Resolution 5441, a resolution amending Resolution No. 5273 to adjust the police impact fee schedule to reflect an adjustment to the police capital improvement plan and the costs of construction and pursuant to the recommendations of the Impact Fee Committee, and amending Exhibit "A" to reduce the commercial fee from $21 to $15 per square foot. The motion was seconded. Kalispell City Council Minutes August 2, 20 10 Page 7 Council Discussion zauner commented it is unfair that we always put the largest impact on the back of businesses. Kenyon noted that for every penny the commercial impact fee does not pay, the taxpayers have to cover the difference. Mayor Fisher stated she supports the amendment because she also doesn't feel it's fair to add more fees to commercial. The main motion with the amendment to Exhibit "A" carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor and Kenyon voting against. D/10. RESOLUTION 5442 — FIRE IMPACT FEES Resolution 5442 adjusts the impact fees for all users creating additional demand on fire facilities. Howington gave a report noting the fire capital improvement plan has changed dramatically in the past two years with the emphasis now on equipment, rather than the need for additional fire stations. Public Comment None. Atkinson moved Resolution 5442, a resolution amending Resolution No. 5273 to adjust the fire impact fee schedule to reflect an adjustment to the fire capital improvement plan and the costs of construction and pursuant to the recommendations of the Impact Fee Committee. The motion was seconded. Council Discussion Hafferman commented that he can't understand how the new values were attained and there is no j ustifi cati on for the change in methodol ogy. . He sai d he feel s thi s report shoul d b e rej ected and that we need something the council and committee can clearly understand. Hafferman emphasized the need for a water tender, however, and requested a separate resolution authorizing the purchase of the tender from the General Fund for $ S 5, o0 0 . Kluesner remarked that the increase for commercial is too much for the economy now. Kluesner moved to amend the motion and accept single family and apartment units at the proposed reduced rate and leave commercial at the current rate. The motion was seconded. Atkinson remarked that we have to balance this between the residential and the commercial. Kalispell City Council Minutes August 2, 20 10 Page 8 Atkinson moved a second amendment to reduce the commercial fee to $350. The motion was seconded. Hafferman stated he Will vote no, because approving this Would accept the methodology. The second amendment carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman and Kluesner voting against. There was no further discussion. The main motion, as amended to accept the single family and apartment units at the proposed reduced rate and reduce the commercial fee to $350, carried upon roll call vote with Atkinson, Gabriel, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor and Hafferman and Kenyon voting against. E. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Mayor Fisher reported on her trip to Washington, DC. Mayor Fisher updated council on the progress with the West Valley Fire Department to establish a mutual aid agreement. Mayor Fisher also thanked area law enforcement agencies for the extra patrols during the Event at Rebecca Farm. Hafferman suggested using in-house staff for the next Impact Fee report. Larson thanked Mayor Fisher for her help in moving towards a mutual aid agreement with the rural fire departments. Larson also suggested work sessions be scheduled to discuss airport leases, MDT's offer of trail control over the Willow Creek subdivision, and Freedom House. F. ADJOURN The meeting was adjourned at 10:45 p.m. Theresa White City Clerk Kalispell City Council Minutes August 2, 20 10 Page 9