07/18/05 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, JULY IS, 2005, 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 AND HANK OLSON WERE PRESENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director Mike
Baker, Police Chief Frank Garner, Public Works Director Jim Hansz, Planning Director Tom Jentz,
Senior Planner Narda Wilson, and City Airport Manager Fred Leistiko.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Atkinson moved approval of 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 5, 2005
2. Pledged Securities as of June 30 2005
3. Agreement — Engineering Desigp Stud — Old School Station SID 344 Removed and Placed
on Agenda as Item F/14)
4. Ordinance 1541 — Amending the Airport/Athletic Complex Redevelopment Plan — 2nd
Reading (Removed and Placed on Agenda as Item F/1.5)
5. Ordinance 1542 --- Initial Zoning — Hutton Ranch Plaza — 2nd Readin
Hutton Ranch Plaza Associates have requested a zoning designation of B-2, with a PUD
overlay, on approximately 46 acres located on the east side of US Highway 93, south of
Mountain View Plaza and north of Flathead Valley Community College. Ordinance 1542
passed on first reading July 5.
6. Ordinance 1543 — Zone Change — Potthoff, Allison, and Executive Plaza Partnership - 2nd
Reading
This is a request for a change in zoning from R-4 to RA-3 on approximately one half of an
acre located on the south side of 5th Street East between Main Street and 2nd Avenue East.
Ordinance 1.543 passed on first reading July 5.
Kenyon moved approval of the Consent Agenda. The motion was seconded.
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Gabriel moved to remove Consent Agenda Item #3 and place it on the regular Agenda as item
F/14. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
Hafferman moved to remove Consent Agenda Item #4 and place it on the regular Agenda as
Item F115. The motion was seconded.
There was no discussion.
The motion carried upon vote with Kennedy voting against.
The main motion as amended twice carried unanimously upon roll call vote,
Mayor Kennedy extended the City's condolences to the families of former City employees Joe
Longpre and Wes Murray who both passed away recently.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Dawn Marquardt, Marquardt & Marquardt Surveying, asked the Council to support the three requests
for Appleway Business Park and said she available for questions.
Tim Quigley, Quigley's Sports Pub, Somers, said he was at the end of an application for a liquor
license when the City annexed the area proposed for the Old School Station industrial park. He
asked the Council to temporarily de -annex the area so he can complete the process and receive a
liquor license.
Chris Foster, Somers, said she is also in the process of opening a sports bar and her family's life
savings .have been invested in the property. She asked the City to temporarily de -annex Old School
Station stating her family cannot sell or even rent the property without a liquor license.
Jayson Peters, 342 6th Avenue West, asked the Council to think carefully about the purchase of the
Wells Fargo Bank building stating space is needed for Police and Fire, not administration. He also
commented that the City should not get involved with building a hangar for DNRC at the City
Airport when two people have already expressed interest in the contract.
Jackie Keiser, 545 2nd Avenue East, asked for a couple of changes to the proposed lighting
ordinance. She suggested giving businesses three years to comply rather than five; adding a
requirement that lighting on homes is no higher than 1.0 feet from the ground; and suggested the City
recruit volunteers to help report infractions to the Code Enforcement Officer.
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E. PUBLIC HEARING -- 2005 2006 BUDGET
Mayor Kennedy explained the proposal and opened the public hearing.
Proponents
None.
Opponents
None.
Mayor Kennedy closed the public hearing.
F. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
F/I. RESOLUTION 5026 — PRELIMINARY PLAT — BLUE HERON ESTATES PHASE
2A
This is a request for an amended preliminary plat to convert four single family lots into four two unit
townhouse lots in Blue Heron Estates,
Kenyon moved Resolution 5026, a resolution approving certain revisions to the preliminary
plat of Blue Heron Estates Phase 2A, more particularly described as Lots 2, 3, 4 and 26 of Blue
Heron Estates located in Section. 1.3, Township 28 North, Range 22 West, P.M.M, Flathead
County, Montana. The motion was seconded.
Wilson gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
F/2. RESOLUTION 5027 —ANNEXATION — APPLEWAY BUSINESS PARK
This is a request for annexation of approximately 2 acres located on the south side of Appleway
Drive and west of Meridian Road.
Larson moved Resolution 5027, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property, more
particularly described as Assessor's Tract 14 located in Section 13, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana, to be known as Marquardt Addition No 366; to
zone said property in accordance with the Kalisipell Zoning Ordinance, and to declare an
effective date. The .motion was seconded.
Wilson gave a staff report on the annexation, zoning, and preliminary plat.
There was no discussion.
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The motion carried unanimously upon roll call vote.
F/3. ORDINANCE 1544 — INITIAL ZONING — APPLEWAY BUSINESS PARK — 1ST
READING
Gabriel moved first reading of Ordinance 1544, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property decribed as Assessor's Tract 14 located in Section 13, Township 28
North, Range 22 West, P.M.M Flathead County, Montana (previously zoned County R-1,
Suburban Residential) to City B-2 (General Business), in accordance with the Kalispell
Growth Policy 2020, and to provide an effective date.. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll tali vote.
F/4. RESOLUTION 5028 — PRELIMINARY PLAT - APPLEWAY BUSINESS PARK
This is a request for preliminary plat approval of Appleway Business Park, a six -lot commercial
subdivision on the above mentioned property.
Larson moved Resolution 5028, a resolution conditionally approving the preliminary plat of
Appleway Business Park, more particularly described as Assessor's Tract 14 located in Section
13, Township 28 North, Range 22 West, P.M.M., Flathead County Montana. The motion was
seconded.
Wilson answered questions.
The motion carried unanimously upon roll call vote.
F/5. RESOLUTION 5029 —ANNEXATION —MAPLE GROVE PLAZA
This is a request for annexation of approximately one half of an acre located at the northeast corner
of 8th Avenue EN and Washington Street.
Gabriel moved Resolution 5029, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property, more
particularly described as Assessor's Tract 30KA located in Section 8, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, to be known as Gillette Addition No. 367;
to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an
effective date. The motion was seconded.
Wilson gave a staff report on the annexation and zoning and answered questions concerning parking.
The motion carried unanimously upon roll call vote.
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F/6. ORDINANCE 1545 — INITIAL ZONING— MAPLE GROVE PLAZA -1ST READING
Atkinson moved first reading of Ordinance 1545, 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 Lots 1, 16, 17, and 18 in Block 84 and Lots 1, 2, and 3 in
Block 85, Kalispell Original Township in Section 18, Township 28 North, Range 21 West,
P.M.M. Flathead County, Montana (previously zoned City R-4, Two Family Residential) to
City RA-3 (Residential Apartment/Office), in accordance with the Kalispell Growth Policy
2020, and to provide an effective date. The motion was seconded.
Wilson gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
F/7. ORDINANCE 1546 — ZONING ORDINANCE TEXT AMENDMENT —
LIGHTING STANDARDS —1ST READING
This ordinance sets lighting standards for residential and commercial development.
Gabriel moved first reading of Ordinance 1546, an ordinance amending the Kalispell Zoning
Ordinance (Ordinance No. 1460), by creating new Section 27,22.104, Outdoor Lighting
Standards, declaring an effective date, and authorizing the City Attorney to codify the same.
The motion was seconded.
Wilson gave a staff report.
Kenyon moved to amend 94 in Exhibit A to read: "The height and level of commercial lighting
should be appropriate for the development. Lights mounted on poles shall not be taller than
the building area they illuminate or taller than 30 feet, whichever is less. Residential lighting
shall be no higher than 10 feet from the ground level or from the top of the building". The
motion was seconded.
Larson asked Kenyon if he would accept a friendly amendment limiting the amendment to
"residential lighting shall be no higher than 10 feet from ground level" and deleting "or from
the top of the building".
Kenyon agreed to the friendly amendment.
Larson commented he's in favor of the amendment because the purpose of lights is for security and
safety and the lights would be more effective at 10 :Feet to illuminate the ground.
Atkinson said there is a separate requirement stating light cannot illuminate past the property and he
would rather support lighting no higher than the top of the building.
Mayor Kennedy said she feels ten feet is extremely restrictive for residential properties.
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The amendment failed upon roll call vote with Hafferman, Kenyon, and Larson voting in
favor, and Atkinson, Gabriel, Herron, Olson, and Mayor Kennedy voting against.
..Larson moved to amend Exhibit A, Non -(conforming Lighting, to state that commercial
lighting shall be brought into compliance within 3 years instead of the 5 years proposed with
the inclusion of a two-year hardship extension if necessary. The motion was seconded.
Olson offered a friendly amendment to the motion asking that it state two one-year extensions
if necessary instead of one two-year extension.
Larson accepted the friendly amendment. The second concurred.
Hafferman commented he's in favor of the lighting standards but he'll be interested in how the
residential lighting will be enforced.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson,
Olson, and Mayor Kennedy voting in favor, and Herron voting against.
Kenyon moved to amend Exhibit A, Non -Conforming Lighting, by adding that a citizen's
committee shall be established to assist with resolution of non -conforming residential uses. The
motion was seconded.
Mayor Kennedy said the establishment of a committee can be added at any time, but she feels adding
it to the lighting standards is premature.
Kenyon said it would simply be an advisory group that could make a referral and save staff time.
Olson suggested leaving the ordinance as clean as possible and consider the committee later if the
City finds out it needs the help.
The motion failed upon a tied roll call vote with Atkinson, Hafferman, Herron, and Kenyon
voting in favor, and Gabriel, Larson, Olson, and Mayor Kennedy voting against.
Herron said he feels it's important to note that the review of the lighting standards was not initiated
by the Council and he agrees with Hafferman that this ordinance is not enforceable.
The main motion as amended once carried upon a roll call vote with Atkinson, Gabriel,
Hafferman, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Herron voting
against.
F/8. RESOLUTION 5030 — STANDARDS FOR DESIGN AND CONSTRUCTION
Larson moved Resolution 5030, a resolution to amend Resolution No. 42501, by amending the
1996 Standards for Design and Construction for the City of Kalispell, Montana, and setting an
effective date. The motion was seconded.
Hansz gave a staff report and answered questions.
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Herron complimented the staff for listening to the Council and getting feedback from the
community.
The motion carried unanimously upon roll call vote.
F/9. RESOLUTION 5031— RESOLUTION OF INTENTION AND CALL FOR PUBLIC
HEARING — LEISURE DRIVE ANNEXATION
The City is proposing annexing Leisure Drive and a public hearing is scheduled for September 6.
Gabriel moved Resolution 5031, a resolution of intention to annex territory into the City of
Kalispell, under the provisions of Title 7, Chapter 2, Part 44, M.C.A. (Annexation of
Contiguous Government Land), comprising a roadway containing platted tracts of land, more
particularly described in Exhibit 44A", directing the City Clerk to provide notice of this
resolution as provided by law, and setting a public hearing. The motion was seconded.
Patrick gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
F/10. UNION CONTRACT RATIFICATION — INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL UNION NO. 547
The City and members of the International Association of Firefighters Local Union No. 547 have
agreed on a new three-year contract and Council ratification is required.
Larson moved the Council ratify the contract between the International Association of
Firefighters Local Union No. 547 and the City of Kalispell for the period of July 2005 to June
2008. The motion was seconded.
Patrick gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
F/11. RESOLUTION 5032 —WELLS FARGO BANK BUILDING PURCHASE
This resolution authorizes the City Manager to enter into an agreement with Wells Fargo to purchase
their building at 201 1st Avenue East in order to consolidate City services and eliminate lease
payments.
Larson moved Resolution 50321, a resolution to authorize the execution of a purchase and sale
agreement with Wells Fargo Bank for the purchase by the City of Kalispell of those facilities
located at 201 First Avenue East, Kalispell, Montana along with the appurtenances thereto.
The motion was seconded.
Patrick explained the building has been appraised at $1.4 million and Wells Fargo is offering it to the
City for $1.1 million. He said if approved, the City would apply for a $1.5 million loan from the
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Montana Board of Investments for the cost of the building plus an additional $400,000 for
renovation. He said currently the City is leasing buildings at an annual cost of $63,504.00. He
explained the Wells Fargo building is approximately 20,000 square feet which would house
Planning, Zoning, Building, Community Development, Public Works, Human Resources, City
Manager and the City Attorney's offices. Patrick added the Parks Department would move to the
building Public Works is in and the current City Hall would be dedicated as a safety center for Fire,
Police, and the Court.
Larson spoke in favor of the motion stating over the last several years the Council has recognized
there is a space needs problem with some of the needs reaching a critical point. He said four years
ago several options were presented by Architects Design Group to address the space needs at costs
between 1.7 and 3 million dollars. Larson said those costs would be even more today and the options
didn't address every department like the purchase of the bank building does. He encouraged the
Council to support the purchase.
Hafferman spoke against the resolution for several reasons: the City is taking private property off the
tax rolls; there is no sketch plan, the only thing that's been presented are words and numbers; an
economic feasibility study has not been conducted; and there are other government buildings that
may become available in the future such as the Armory, Gateway West Mall, the Flathead County
Library, and Linderman School. Hafferman stated we are asking the taxpayers to buy "a pig in the
poke".
Atkinson and Gabriel expressed concern with the lack of windows.
Patrick answered several ideas to provide additional light to the interior of the building have been
suggested and they will look at those ideas carefully.
Olson commented he is not comfortable making a two million dollars expenditure without more
information and a layout on how the offices will fit. He said at this point he can't make a decision
because he thinks it's too quick, but he is willing to spend a day tomorrow or later in the week to
look at the proposal closer.
Kenyon agreed, stating the City is moving too quickly and it's making him nervous. He said he'd
like more time to make a decision when these kinds of things arise.
Mayor Kennedy agreed this is a big decision, but unfortunately some things "come to a head
quickly". She noted if the City is not going to buy the building then Wells Fargo needs to list the
property as soon as possible.
Gabriel also agreed the City is moving quickly on this issue but the appraisal was done in 2004 and
would probably be even higher today. She said it appears to be a good investment for the citizens of
Kalispell.
Atkinson stated he's in favor of this purchase and he doesn't feel it's acting quickly because space
need problems have been discussed for years.
Mayor Kennedy said she is particularly pleased with the idea of one stop shopping for the citizens.
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The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, and
Mayor Kennedy voting in favor, and Hafferman and Olson voting against.
F/12. RESOLUTION 5033 — FIRST TIME HOMEDUYER GRANT
The City of Kalispell has received notification it will receive $216,333 from the Montana
Department of Commerce through the Horne Investment Partnerships Program.
Atkinson moved Resolution 5033, a resolution authorizing acceptance of a Home Investment
Partnerships Program (HOME) Grant from. the Montana Department of Commerce. The
motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
F/13. APPOINTMENT — WARD COUNCIL SEAT
Jayson Peters moved out of Ward 4 and resigned his Council position July 5th. Mayor Kennedy
recommended appointing Tim Kluesner to serve the remainder of Peters' term. Kluesner is the only
candidate for Ward 4 in the upcoming election.
Olson moved to confirm the Mayor's recommendation and appoint Tim Kluesner to the Ward
4 Council seat. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
F/I 4. AGREEMENT -- ENGINEERING DESIGN STUDY — OLD SCHOOL STATION SID
344 (Moved from the Consent Agenda)
Council will consider authorizing the City Manager to enter into an agreement with Morrison and
Maierle, Inc. for engineering services related to the design and construction of City -owned
infrastructure in conjunction with the development of the proposed Old School Station Special
Improvement District.
Gabriel moved Council approve the Engineering Services Agreement with Morrison and
Maierle, Inc. for the design and eventual construction, administration, and other related
engineering services for the infrastructure project in Old School Station Industrial Park. The
motion was seconded.
Patrick gave a staff report and answered questions.
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Hafferman read a comment from the planning board minutes: "Andy Miller, 175 Many Lakes Drive,
stated that this was done very quickly and it was approved by the Flathead County Commissioners
and County Planning Board. The City came to them and asked if they would consider annexation to
the City. He said they had had meetings with landowners about putting in sewer and water lines, but
no one else wanted to connect". He said this is clearly a private development and the developer
should follow the same rules and regulations as all other developers. In addition, there's been no
economic analysis to justify any City involvement. Hafferman noted the name Morrison and Maierle
has appeared frequently on other work for the City and he believes several firms would have
submitted proposals for this project, adding "this project smells".
Olson asked if there's some way we can help the bar owner in Somers and questioned how much
more the City should continue to do with this property that might have to be redone.
Patrick explained the only way the City can de -annex the property is at the developers' request. He
said he spoke with Andy Miller who indicated commitments have already been made and they have
no intention of requesting de -annexation.
Herron stated he's very disappointed in the Council and the staff for not recognizing that a problem
was created when annexing this property. He said the Council heard from two businesses tonight that
were affected by this hasty annexation decision and staff should be directed to find a way to fix the
problem.
Mayor Kennedy said the Council did direct staff to work on the problem, but the State liquor board
has the final decision.. She said considering that the area can't be de -annexed without the developers'
request she doesn't know what else staff can do.
Atkinson said the onus needs to be put back on the Department of Revenue to fix this mess.
Kenyon asked Patrick to respond to comments made by planning board chairman George Taylor
stating the project did not go before the planning board and feels the City is shooting itself in the foot
by not following the process.
Patrick said normally the planning board considers an annexation request, a zoning process, and a
platting process at the same time. He said even though it is usually included, the planning board
takes no action on the annexation request. Patrick said this annexation came directly to the Council,
at the request of the developers, because only the annexation was being considered at the time; it
wasn't part of a package.
Kenyon commented it appears the developers are running the entire process.
Patrick disagreed, stating the City was trying to establish an industrial park early this year when it
found out this industrial park was planned. He said it only makes sense to partner on this project and
the City proposed the TIF.
Hafferman stated "we shouldn't be wading any deeper into the water. particularly when we can't
swim." He said the solution is for the developer to request de -annexation and the City to allow the
extension of water and sewer service as long as they sign a waiver of protest for future annexation.
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Mayor Kennedy said unfortunately that wouldn't allow for the creation of a TIF district and an SID
to assist the new businesses.
Olson moved to table the agreement until the second meeting in August. The motion was
seconded.
The motion failed upon a roll call vote with Hafferman, Herron, and Olson voting in favor,
and Atkinson, Gabriel, Kenyon, Larson, and Mayor Kennedy voting against.
The main motion failed upon a tied roll call vote with Atkinson, Gabriel, Larson, and Mayor
Kennedy voting in favor, and Hafferman, Herron, Kenyon, and Olson voting against.
F/15. ORDINANCE 1541 - AMENDING THE AIRPORT ATHLETIC COMPLEX
REDEVELOPMENT PLAN -- 2ND READING Moved from Consent A enda
This amendment allows the City to bond for improvements at the Airport and purchase property.
Ordinance 1541 passed on first reading July 5.
Larson moved second reading of Ordinance 1541, an ordinance amending the Kalispell City
Airport/Athletic Complex Redevelopment Plan Analysis for the City of Kalispell, Montana to
authorize an urban renewal project; approving the project and authorizing the issuance of tax
increment urban renewal revenue bonds of the City in the aggregate principal amount of
$2,000,000 to finance costs thereof, and declaring an effective date. The motion was seconded.
Hafferman said he will be voting no on the second reading as he did on the first reading.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and
Mayor Kennedy voting in favor, and Hafferman and Herron voting against.
G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
Olson asked staff to look further into the liquor license problem that was created with the Old School
Station annexation and try to reach a solution.
Herron volunteered as a member of the Council to work with staff, the developers, and the two
businesses affected to come up with a solution.
Patrick announced that the Parks and Recreation Department has received a $4,000 grant to construct
a foot bridge in Woodland Park and the Police Department has received a $15,000 grant for
technology improvements.
Herron reminded everyone the Mountain Madness Air Show will be July 30 and 31and invited
everyone is invited to the festivities planned at Depot Park Friday night.
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H. ADJOURN
The meeting was adjourned at 9:40 p.m.
ATTEST:
Theresa White
City Clerk
Approved August 1, 2005
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