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1. Council Minutes - Regular Meeting - November 1, 2010Also present: City Manager Jane Howington, Adjutant City Attorney Richard Dickel, City Clerk Theresa White, Chief of Police Roger b asset, Planning Director Torn Jentz, Senior Planner Sean Conrad, Assistant City Engineer Paul Burnham, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A, AGENDA APPROVAII Aenyon movedto approve the Agenda.seconded. There was no discussion. The motion carried unanimously upon vote with Saverud absent. B, CONSENT AGENDA APPROVAL I. Council Minutes — S ecial Meetin — October 11 2010 2. Council Minutes - Re ular Meeting,,,,—,, October . -I 8 2010 3. Recognition -- Reserve Police Officer Terry Mitton has successfully completed all phases and requirements of the .Reserve officer program. 4. Proclamation — rational Hos ice and Palliative Care Month Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Saverud absent. PUBLICC. PeggyLee Olson, 2204 Canvasback Court, asked council for a commitment to consider a plan to create a Senior dental Health facility. Kalispell City Council. Minutes November 1, 2010 Page l "n X111ir"I'Vi -13,11,111, 1 �IWI Until 111 � r ORDINANCE f!68D READING Trinidad Holdings has requested a zoning designation of R-4, Two -Family Residential, on approximately one acre located on the west side of 8th Avenue west. Ordinance 1684 passed unanimously on first reading October 4, but was tabled on second reading October 18. Howington gave an updated report and answered questions. None. The motion carried unanimously upon vote with Saverud. absent. Council Discussion None. The main motion carried unanimously upon roll call vote with Saverud absent. • Young Legacy has requested a zoning designation of 1-1. , Light Industrial, on approximately two acres on two lots located on the south side of Highway 2 west which is currently occupied by Flathead Beverage. Ordinance 1685 passed unanimously on first reading October 4, but was tabled on second reading October 18. Public Comment Norge. Kalispell City Council Minutes November 1. , 2010 Page 2 The motion carried unanimously upon vote with Saverud absent. Council Discussion lemn The main motion carried unanimously Upon roll call vote with Saverud absent, V I& '13 D/1 ORDMANCE 1686 — INITIAL ZONING — AKB INVESTMENTS, Lj]Ljx 2ND READING AKB Investments has requested a zoning designation of B-5, Industrial -Business, on the current Triple W Equipment site which is approximately nine and a half acres located on the cast side of Highway 93 South. Ordinance 1686 passed unanimously on first reading October 4, but was tabled on second reading October 18. None. Atkinson moved to remove Ordinance 1686 from the table. (Ordinance 1686 reads, "An ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning certain real property more particularly described as Tract I of Certificate of Survey No. 16624 within Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", (previously zoned County I-111 (Light Industrial -Highway)) to City B-5 (Industrial -Business)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date.") The motion was seconded. The motion carried unanimously Upon vote with Saverud absent. IV - Council Discussion None. KalispellCity Council Minutes November 1, 2010 Page 3 I -I he main motion carried unanimously upon Mimi. ......................... Residents of the neighborhood known as Greenacres want to make improvements to the water system and an interlocal agreement with the City of Kalispell is necessary to secure the bonds. Hickel gave a report and answered questions. ��• � II III 11�� ��� � �I ���, .`�: Timber Stevens, 1563 Haven Drive, President of the Greenacres water and Sewer District, thanked staff for working on this agreement and thanked council for their support. 2.enyon moved counciltinterlocal agreement with .. The motion was seconded, Council Discussion Kenyon remarked this is a great example of a community acting on their own behalf. .Mayor Fisher thanked staff for their work on the agreement. The motion carried unanimously upon roll call vote with Saverud absent. Gateway Community Center has requested $595,858 in West Side Tax Increment Financing funds for improvements to the property located at 1203 US Highway 2 West. Howington explained the URA board recommended denial of the financing, reporting the request does not meet the minimum requirements for TIF funds. She added city staff has offered the GCC help in obtaining CDBG funds. Howington and Elder answered questions. Public Comment Carol Nelson, 195 Arbour Drive, vice Chairman of Gateway Community Center board, stated receiving the 'T`IF monies is critical to the project which would help to eliminate potential blight in the city and provide leverage for additional support from other sources. Flo Keywell, Columbia Falls, Director of the Summit Independent Living Center, commented that she has been able to hire three additional peer advocates since moving to the Gateway Center and they really enjoy the collaboration with other agencies. Kalispell City Council Minutes November 1, 20 1.4 Page 4 Jamie Campbell, Marion, Program Director for CAS A, noted that moving to Gateway has also allowed them to hire more staff. She said the easier accessibility has made a huge difference and CASA now serves approximately 171 children a year. Cheryl whorder, 588 Country way, Flathead Food Bank board, remarked that the Community Center has been wonderful for their organization; they are now in a beautiful facility and are able to serve more people. Sherry Stevens, 157 Fairway Boulevard, United way, stated they appreciate that city staff has offered help in obtaining CDBG funds, but the proposal is to use TIP funds for the improvements and CDBG money to purchase the property. Atkinson disclosed that because he works for the .Agency on Aging, he will abstain from voting. Larson moved council grant the use of $595,858 in Tax Increment Financing Funds for the -a ..eway Community Center. The motion was seconded. Council Discussion Larson said that the council has been waiting for a good project for the west Side TIF funds and he feels this is it. Haffern- an noted that the Urban Renewal Agency felt this project does not conform to our rules and regulations, and we cannot let our emotions allow us to break the rules. There was discussion regarding the criteria for awarding TEF funds. Kenyon agreed with Larson, stating this organization's contributions to the community should override the rules and regulations. zauner responded that as much as it pains him, this project does not meet the requirements of the Urban Renewal Flan and he cannot make his decision based on emotions. Kluesner agreed, asking how the city will replace the $145,000 that would disappear when the property comes off the tax. rolls. Mayor Fisher noted the point of TIF Districts is to increase the tax base, and this project does not comply with the guiding document, the Urban Renewal Plan. She said if we want to provide TfF money to the G CC, the Plan would have to be amended first. There was discussion concerning what constitutes a conflict and whether it is appropriate for Atkinson (Agency on Aging), Gabriel (United Way), and Kenyon (Opportunity Resources) to vote. Gabriel said because United way pays her salary, she feels recusal is necessary. Kalispell City Council Minutes November 1, 2010 Page 5 The motion failed upon roll call vote with Kenyon and Larson voting in favor, Hafferman, Kluesner, Zauner,, and Mayor Fisher voting against, Atkinson and Gabriel recused, and Saverud absent. The U.S. Department of Justice has awarded the City of Kalispell a grant in the amount of $1,200 to help purchase a web application that is designed to enable people, especially students, to text an anonymous message to the police department. Nasset gave a report and answered questions. Public Comment None. Gabriel moved Resolution 5464, 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 pulk-pose of acceptance of a US Department of Justice "Secure Our Schools" grant for the purchase of a web -based texting program for students to send anonymous tips to the Kalispell Police Department. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Saverud absent. ------------------------------------------------ The U.S. Environmental Protection Agency has awarded the City of Kalispell a grant in the amount of $175,000 to assist in the revitalization of the Core Revitalization Area. Thompson gave a report and answered questions. Kluesner asked for a copy of the grant application. Public Comment None. Atkinson moved Resolution 5465, 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 United States Environmental Protection Agency "Brownfields Area -wide Planning Pilot Program" grant award. The motion was seconded. Kalispell City Council Minutes November 11, 2010 Page 6 Council Discussion None. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Saverud absent, 1-1/8. RESOLUTION 5466 — CALLING FOR PUBLIC HEARING — SEWER RATE . .. . . ..... ............... . ...... TUCIT'd�RF, Resolution 5466 sets a December 6 hearing date for the public to comment on a proposed five percent sewer rate increase. Howington gave a report and answered questions. Public Comment 10SWO Kenyon moved Resolution 5466, a resolution setting a date for public hearing on a proposal to adopt increases in the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell sewer utility. The motion was seconded. Hafferman stated there has not been enough information presented to the public or the council to comment on and he feels the public hearing is premature. He said the proposed increase has not been justified and he requested a five-year breakdown of how the proposal is intended to satisfy our financial obligations. Howington noted that additional information will be available to the council and the public by November 15. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Saverud absent. Carol Brannan and Natalie Molter have requested a conditional use permit to operate a dance and yoga studio in an existing building located at 42 Bruyer Way. Conrad gave a report and answered questions. Kalispell City Council Minutes November 1, 2010 Page 7 C) None. Atkinson moved council approve the conditional use permit with the two listed conditions as recommended by the planning hoard. The motion was seconded. Council Discussion None. / ,:iREADINGST Sherry wheeler has requested a zone change from. R-3, Residential, to R-5, Residential/ Professional Office, on approximately 8,800 square feet of property located at the corner of Liberty Street and North Meridian Road. Conrad gave a report and answered questions. Public Comment Sherry wheeler, 4891 Highway 93, whitefish, stated she is the owner of the property and offered to answer questions. Council Discussion None. The motion carried unanimously upon roil call vote with. averud absent. ..:.:..: ::.ALV Howington reminded council that Jinn Lynch, MDOT Director, will be at the work session November 8 to provide an update on the bypass and answer questions. Kalispell City Council Minutes November 1, 201. o Page 8 iuesner asked for a report on the progress of Fire Station 61 renovation. Larson offered the city's condolences to the family of Ted Main, a former Kalispell firefighter who recently passed away. The meeting was adjourned at 9:48 p.m. Theresa White City Clerk Kalispell City Council Minutes November 1., 2010 Page 9