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1. Council Minutes - Regular Meeting - December 19, 2011MEMBER KARI GABRIEL WAS ABSENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Assistant Chief of Police Roger Krauss, Planning Director Tom Jentz, Finance Director Amy Robertson, Human Resources Director Terry Mitton, 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. 0117-1W.11UU ITIMIT, "11 There was no discussion. Council Minutes — Regular Meeting — December 5, 2011 2. Ordinance 1707 — Subdivision Regulations — 2nd Reading Other than amendments to address legislative changes, the Kalispell Subdivision Regulations have not been fully addressed since 1996. Ordinance 1707 passed unanimously on first reading December 5. 3. Ordinance 1708 — Animal Regulations — 2nd Reading Ordinance 1708 places limitations and regulations on the keeping of fowl with violations to be treated as a civil infraction. Ordinance 1708 passed unanimously on first reading December 5. There was no discussion. None. Kalispell City Council Minutes December 19, 2011 Noe I 1 111' 1 111 -01�11:'11111 Ufl.'�T' =1 Ordinance 1709 dissolves the Kalispell Parking Commission and transfers its functions to the Kalispell Police Department. It also creates a Parking Advisory Board to provide advice and recommendations regarding on and off-street parking. Ordinance 1709 passed on an 8-1 vote December 5. None. Saverud moved second reading of Ordinance 1709, an ordinance dissolving the Kalispell Parking Commission and terminating the Special Parking District No. 2, providing for the ass#--m-,Ytion of Parkin,-4 Commission functions bo the for the creation of the Kalispell Parking Advisory Board and setting an effective date. The motion was seconded. Hafferman stated he will again be voting no because there is no justification for putting this in the police department; it should remain independent. The motion carried upon roll call vote with Atkinson, Kenyon, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Gabriel absent. Resolution 5541 establishes a civil penalty schedule for parking infractions enforced by the Kalispell Police Department. Harball gave a report and staff answered questions. Public Comment None. Kenyon moved Resolution 5541, a resolution establishing the civil penalty for certain parking violations identified in the Kalispell Municipal Code at 17-53,17-54,17-55,17-61,17-75,17-77 and 17-90. The motion was seconded. Kluesner moved that the fine for 17-77, Storage of Motor Vehicles on Public Streets, be amended to $25.00. The motion was seconded. Kalispell City Council Minutes December 19, 2011 Page 2 There was no discussion. The amendment carried upon roll call vote with Hafferman, Kenyon, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, Atkinson voting against, and Gabriel absent. There was no further discussion. The main motion, as amended, carried unanimously upon roll call vote with Gabriel absent. Lost Horizon Ranch has requested a conditional use permit to operate a group home in an existing single-family residence located on the east side of Second Avenue West. Jentz gave a report and staff answered questions. ' is Al Weed, 623 3rd Street East, stated he has no objection to group homes, but he does object to commercial group homes in residentially zoned areas. He asked that council request an Attorney General's opinion on whether the group home exemption applies to a for -profit corporation. Nora Korn, 540 2nd Avenue West, remarked she has safety concerns because there is a lot of senior housing and three schools within blocks of this house. John Santa, 990 McGregor Lane, 715 1st Avenue East property owner, commented he is one of the owners of the Montana Academy and the transition houses help provide structure and routine for the kids when they finish high school. He said these are remarkable kids who just need to get back on track to grow up. Jim Arestad, 5th Avenue East, stated he has lived next door to the first city transition home for 10 years and he has never had better neighbors. He asked that the neighborhood give the kids a chance and get to know them. Jerry Begg, 220 Woodland Avenue, stated the problem is zoning, not the kids. He said there are plenty of other appropriate zones for a transition home. John McKinnon, 465 Orchard Ridge Road, one of the owners of Montana Academy, remarked that this is a legitimate use of this property. He said these kids are exemplary citizens and he is disgusted by the things he has heard people say about them. Katie Boyd, Whitefish, commented she works at the Center for Restorative Youth Justice and seven out of 25 of their volunteers are MTA students. She said the kids are amazing and bring a lot to the center. Kalispell City Council Minutes December 19, 2011 Page 3 Mark Tifton, 69 Three Mile Drive, remarked that he runs the Habitat for Humanity Restore. He said the kids volunteer in the store, work hard, and are great team members. He said he is proud to know these kids. Jeff Korn, whose parents own 540 Second Avenue West, stated the fear and anger comes from putting the cart before the horse. He said there is no avenue for discussion when the house is already purchased and asked why they are not self -promoting and holding discussions before things go too far. Mickey Lapp, 160 Kelly Road, asked why Montana Academy would force itself on a neighborhood that does not want it and accused them of exploiting the neighborhood in order to turn a profit. Jacob Kushner, resident of the Sky House group home at 305 5th Avenue East, stated the Montana Academy program has helped him to deal with his issues, adding it has been a true home for him. Rosemary McKinnon, 465 Orchard Ridge Road, stated she is responsible for selecting the students and these kids may have troubles, but they have a lot of family support and are not from traumatic backgrounds. She said they try not to overwhelm neighborhoods by clustering their homes. group home at 527 Second Avenue West. The motion was seconded. Hafferman remarked he will vote in favor of this, but the legislature should be lobbied to give the cities some say. Larson agreed. Zauner noted this is a fantastic program, but this might not be the right location for it. Kenyon commented that group homes do amazing things and if the law was changed it would be a huge loss because there would be no opportunity for these types of transition housing. Atkinson stated he is also in favor of this. Mayor Fisher agreed that we need legislative changes because she feels this is a commercial enterprise in a residential zone, but unfortunately the city's hands are tied at this time. Kluesner said this is a great program and it is our job as a community to grow our fellow human beings. He stated we need to do this and make it work. Sav--rud remarked he is in favor of the permit, adding the Montana Academy is a great program. The motion carried unanimously upon roll call vote with Gabriel absent. Kalispell City Council Minutes December 19, 2011 Page 4 Carol Brannan and Natalie Molter have requested a conditional use permit to expand a dance and yoga studio in an existing building located east of Edgerton School. Jentz gave a report and answered questions. None. Stage Professional Park.+ +n was seconded + 1 i Atkinson remarked he has no problem with the permit, but he does not like the poor ingress and egress of this development. The Kalispell Urban Renewal Agency has recommended the council include the acquisition, demolition, and construction of the old Gateway Theater property in the West Side Urban Renewal Plan. Howington gave a report and staff answered questions. Public Comment Turner Askew, Flathead County Economic Development Authority (FCEDA) board member, remarked that FCEDA is willing to work with the city on long term projects within the West Side TIF, including developing a rail park. Jerry Begg, 220 Woodland Avenue, stated rather than purchasing the theater property, he owns land on the corner of Glenwood and Husky Street which could accommodate parking for TeleTech and also extend the life of the TIF district. He requested a meeting with the city to discuss the proposal. Don Bennett, FCEDA chair, stressed this TIF district has been very successful and it is critical that we keep the district alive to benefit both Kalispell and Flathead County. BMW Kalispell City Council Minutes December 19, 2011 Page 5 Renewal District and identified as a project to acquire the Gateway Theater Property located §A 1275 US-2 West, Kalispell, Mt 59901 to remove blight and develop infrastructure for a rx,ublic parking area. The motion was seconded. Hafferman stated this is a terrible project and a waste of money. Larson agreed. He said he wants the district to stay alive, but he can't vote for this project. Kluesner agreed and said Begg's proposal makes sense; tearing down a building does not. Saverud remarked he would like to see a new ordinance with Begg's proposal as an option. Mayor Fisher requested the Appleway/Meridian intersection be included in a new ordinance as well. There was further discussion. The motion failed upon roll call vote with Atkinson and Kenyon voting in favor, Hafferman, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting against, and Gabriel absent. D/6. AWARD PROFESSIONAL SERVICES — GATEWAY WEST PROJECT (NOT ACTED ON) V�VJJ J y '110 The FY 2012 budget includes the purchase and financing of an asphalt roller and single -axle dump truck for the street department. Resolution 5542 authorizes participation in the B01 loan program for $172,000 at a 1.95% variable interest rate. Howington gave a report and staff answered questions. 11MIMMKIM film None. Aenyon moved Resolution 5542, a resolution authorizing participation in the Board OT Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and thereto. The motion was seconded. Council Discussion Kalispell City Council Minutes December 19,2011 Page 6 10 M. PC w M1 An internal study group was formed to look into the issue of sick time use by city employees. The committee is recommending adoption of an incentive plan to encourage the preservation of sick leave in conjunction with the Voluntary Employees Beneficiary Association program approved by council on December 5. Howington gave a report and staff answered questions. None. Tirn -fz (a 1qtFf11TJ-,mS 17-75771-7 •1 R lot—, f zwea 40 - , of the City of Kalispell to encourage employees to preserve their state mandated sick time benefits through the use of an employer contribution to the employee's unused and •1 sick leave benefits that are directed to a Voluntary Employees' Beneficiary Association [VEBA]. The motion was seconded. Hafferman commented this program will not cure misconduct and asked for the cost figures. The motion carried upon roll call vote with Atkinson, Kenyon, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Gabriel absent. This employment contract approves the hiring of David Nielsen as Kalispell Interim City Manager. Nielsen is retiring from his current position as Helena City Attorney at the end of this month. Harball gave a report and answered questions. Public Comment None. il- City Manager. The motion was seconded. Council Discussion None. I lilpli�� Kalispell City Council Minutes December 19, 2011 Page 7 Howington suggested because of a tight timeline, a special meeting be scheduled for January 4, 2012 to discuss possible TIF projects. Council concurred. The meeting was adjourned at 10:08 p.m. Theresa White City Clerk Kalispell City Council Minutes December 19, 2011 Page 8