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09/06/05 City Council MinutesA REGULAR .MEETING OF THE KALISPELL CITY COUNCIL WAS HELD A7:00 P.M., TUESDAY, SEPTEMBER 6, 2005, N THE COUNCIL CHAMBERS AT CITY HALL N KALISPELL,, M N 'ANA, MAYOR PAME A B. KENNE Y PRESIDED. COUNCIL MEMBERS JIM A KINS N, KARI GA. RILL, BOB HAPPLRMAN, BOB HERRON, RANDY KENYON, TIM KLUESNEI( DUANE LARS TS�, AND HANK O SON WERE PRESENT. ,Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Police Chief Frank Garner, Kalispell Planning Department Director Tom Jet , Zoning Administrator PJ Sorenson, Community Redevelopment ent Director Sandy Wheeler, Public Works Assistant Cite Engineer Prank Castles, Public Works Project Manager Fred Zavod., and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved approval of the Agenda. The motion was seconded.. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meetipag August 15, Zoo . Council Minutes — Special Meeting — August 2Z, 2005 3. Preliminar Plat Extension — West View Estates Sands Surveying, on behalf of owl Corporation, is requesting a one-year extension for the preliminary plat of West View Estates. . Proclamation — Ste famil a — September 16. 2005 . Pre Chaplains — Badge Presentation Fire Chief Randy Brodehl will Present Chaplains Daniel Lambert, .rack Mucci, .drew Buckner, and Hal Irvine with their fire department badges. Atkinson roved approval of the Consent Agenda. The motion was seconded. rdehl Presented the chaplains with thee- fire department badges. The notion carried unanimously upon vote. Kalispell City Council Minute September 6, 2005 Page .I C. STUDENT ISSUES None. D. PUBLIC COMMENT John Hinchey, 53 'h Avenue East, Planning Board member, spoke in favor of ordinance 1550 and encouraged the Council to approve the new sign regulations. Richard Kuhl, 867 North Main, spoke against Resolution 5052. He stated all he's read is a lot of generalities and nothing specific on why this area should be declared blighted. Kuhl stated he feels the area is not blighted and he thinks this is a "con job to start the hall rolling for tax increment districts"'. :hurt Hafferman, 1325 2 d Street west, stated that he has issues with Council meeting organization as it pertains to the manner of addressing the Council. He said in order to fully involve the public, people should be allowed an additional three minutes of rebuttal time at the conclusion of the Council"s discussion. Haffe n an agreed with Kuhl and stated he also doesn't believe the area, by the mall is blighted; it's just a front end to a tax increment district. Don Murray, 4311st Avenue West, District #5 School Board Chairman, thanked the Council for its support of the new high school and the middle high and he thanked the Site Review Committee for its support of fewer parking spaces at the high school. He said school hoard members have agreed to add more parking when necessary; but because of financial restrictions it's not feasible to Install all the parking at this time. Murray encouraged the Council to support. Resolution o , the high school preliminary plat. Clarice Gates, 42 ' Avenue West, spoke against Resolution 5052, stating she also doesn't see the blight in that area. She asked the Council to look closely at the pros and cons before anything is approved, Ron Hersett, Administrator of Heritage 'lace, encouraged the Council to approve the Conditional Use Permit for Heritage Place and said he will be available to answer any questions. Lila Kr cl en erg, 1.204 S nnyside Drive, spoke against Resolution 5052 and compared it to Streetscape and the money spent on that project that nobody likes. She stated it 1s wrong to set aside the money now before we know how the population is going to grow and where the money may be needed elsewhere. She also agreed that the meeting format needs to be cba.n ed to allow for additional public comment when corrections are needed. Kruckenberg also criticized the developers of the subdivision next to her property stating; the problems they" ve caused has cost the neighborhood thousands of dollars. Clint Cathcart, 828 nth Avenue East, asked for a definition of "blight" and stated if vacancies are .included in that defin..tion, then. Main Street is blighted. He also asked that people to be allowed to comment at the time of Council discussion on specific issues instead of early in the meeting. Kalispell City Council Minutes September 6, 2005 Page E. PUBLIC HEARING — LEISURE DRIVE ANNEXATION Mayor Kennedy opened the public hearing, Frots Nome Opponents None Mayor .Kennedy closed the public bearing. F. PUBLIC HEARING — BOARD of INVESTMENTS LOAN — WELLS FARGO BUILDING PURCHASE Mayor Kennedy opened the public hearing, Proponents None OP ts: Kurt .i .afferma ., 1. 2 2 d Street west, stated that be cannot take one more proposal that is going; t cost him money. He said there will be unknown tax revenue lost and it is fiscally irresponsible to act on an opportunity simply because it is there. Hafferiman said the City must go through the right process and make an award based on a legal process, adding be knows the City needs to consolidate offices, but this cafe out of nowhere. Clarice Gates, 426 7thAvenue West, agreed with. Hafferman and asked several questions. Clint Cathcart, 828 8Ih Avenue East, stated that be is concerned with this purchase and he feels the City has not done its doe diligence. Mayor Kennedy closed the public bearing. G. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION G I, RESOLUTION 5049 — LEISURE DRIVE This resolution annexes Leisure Drive which has been improved and now .meets City standards. Kenyon moved Resolution. 5049, a resolution to provide for the alteration of the boundaries o the City of Kalispell by including therein, as an annexation, a certain Broadway containing platted tracts of land, more particularly described in Exhibit "A",, to be designated as Leisure Drive Addition No. 369, and declaring an effective date. The emotion was seconded. Kalispell City Council Minutes September 6, 2005 Patrick gave a staff report and answered questions, The motion carried unanimously upon roll call vote. G/2. RESOLUTION 5050 — B01 LOAN AGREEMENT AUTHORIZATION — WELLS FARGO BANK BUILDING Resolution 5050 authorizes participation in the Board of Investments loan program to purchase the Wells Fargo Bank building; for City offices. .ces. Kenyon moved Resolution 5050, resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal ]Finance Consolidation Act Bonds (INTERCAP Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The notion was seconded. Patrick gave a staff report and answered questions. Larson addressed some of the concerns of those who spoke at the public hearing, stating several options have been reviewed over the past several years and every one of those options was more costly than this, and they didn't satisfy all of the space needs. He said the City has done its due diligence and with all of the financial options looked at, this is the best. Haffer an said he feels the building should be sold to private enterprise and kept on the tag. rolls. He said an economic analysis has not been conducted which should include all of the costs for the building;, not just the purchase price; the Council hasn't seen an annual operating cost; and this purchase has not been thoroughly analyzed. Olson remarked the Council has already decided to buy the building; the decision tonight is how to fund it. He said the space needs in the police department are incredible and in ten years the City ron't have a mortgage payment. Olson said he is supporting this :for the police departrnenf s sake but wishes the City could get a fixed interest rate. Gabriel agreed with Olson and U, rson and thanked everyone who spoke, adding that a lot of discussion is held during work sessions that most people don't get to bear. She said this is a good investment in our future. Klesner agreed the City needs space, but stated a process was missing. He said the citizens didn't know what was going on and therefore couldn't buy into A. Kluesner stated he hopes we do things better in the future. Atkinson commented that numerous studies on the City's space needs have been done since the mid 90 ' s and as the community has grown, the needs have become even greater. He said leasing does not meet our present or future needs and this is the best deal for the community. Atkinson encouraged the community to stand behind the Council and the staff stating this is a prudent use of taxpayer dollars. Kalispell City Council Minutes September er , 2005 Page The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson., Olson, and Mayor Kennedy voting in favor, and Hall r nan. and Kln sn r voting against, G . RESOLUTION 5051 — BOND RESOLUTION -- AIRPORT Resolution 5051. finahzes the bonds for the Phase l improvements to the City Airport. Kenyon moved Resolution 5051, a resolution relating to Tax Increment Urban Renewal Revenue Bonds, Series 2005A and Series 2 o5 ; ratifying the sale and prescribing the form and terms thereof and the security therefor. The motion was seconded. Patrick gave a staff report. Hafferman remarked he is opposed to charging ahead on this without FAA approval roval because it pots taxpayers at risk. Kl esner commented he hopes the airport .is a success and requested a business plan. The motion carried upon roll call vote with. Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and. Hafferman and Herron voting against. G . RESOLUTION 5052 — RESOLUTION FINDING BLIGHT EXISTS -- BNSF TIF DISTRICT Resol t.on 52 determines that blight still exists within the area north of the railroad tracks t Meridian and from Main Street to Seventh Avenue West. Kenyon moved Resolution 5052, a resolution finding that blighted areas exist in the City o Kalispell and that rehabilitation, redevelopment, or a combination thereof of such areas is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Kalispell. The motion was seconded. Patrick gave a staff report and answered questions. afferman said the .first whereas in the resolution provides for the redevelopment of areas which constitute a menace to public health and safety. Hafferman asked how to recognize this "'menace" and where it's located. Patrick said blighted areas can become higher crime areas and that's what needs to be avoided. Chief Garner described the "broken . window" theory of Community policing and answered questions. Hafferman stated he's concerned that government is interfering in this area because some people consider this area blighted. He said the City does not need a TIF district to ;et sidewalks and other infrastructure; in fact the City doesn't need TIF districts at all. Kalispell City Council Minutes SCpteMbCT 6, 2005 Page Atkinson stated a Tax Increment District is a way of generating revenue over time for our taxing jurisdictions and it encourages growth in the core of the City. Olson commented TI Ys help the core area only if it grows faster than normal. He suggested tabling the matter until the school district board can be contacted for an opinion. Herron said the private sector does not need any incentive to develop this part of town and the best thing the City of Kalispell can do is stay "the hell out of the way". He questioned why TIF districts are always staff driven and stated he feels the Council needs to pull back and think about the policy direction of this City. Kl esner agreed with Herron, adding he doesn't see a lot of blight in this area and he's not sure if this is the right thing to be doing. Gabriel stated we are not voting; on a TIF, but whether blight exists in this area and if any of you have driven through there, blighted areas do exist. Larson stated in view of all of the questions the matter should be tabled. Larson moved to table Resolution 5052 until October 3. The motion was seconded. The motion to table carried upon roll call vote with Haff rrnan Herron, Klesner, Larson and Olson voting in favor, and Atkinson, Gabriel, Kenyon and. Mayor Kennedy voting against. G 5. FINAL PLAT — EMPIRE ESTATES SUBDIVISION PHASE This 1s a request for final plat approval of Empire Estates, Phase 4, that plats 49 single-family lots and 68 s blots on approximately 19 ages located on the east side of Stillwater Road north of Three Mile Drive. Larson moved Council accept the Subdivision Improvement Agreement and approve the final plat for Empire Estates Subdivision Phase 4. The motion was seconded. Jentz gave a staff report and answered questions concerning the drainage issues. The motion carried unanimously upon vote. G , CONDITIONAL SE PERMIT — HERITAGE PIACE Heritage Investors, L.L.C. is requesting a conditional use permit to expand an existing retirement home at 11 Heritage Way. .Atkinson moved Council approve the conditional use permit for Heritage Place with the attached conditions. The motion was seconded. Je-ntz gave a staff report and answered questions. Kalispell City Council Minutes septe bef 6, 2005 .gage The notion carried unanimously upon vote. G . CONDITIONAL USE PERMIT — SEVENTH DAY ADVENTIST CHURCH The Seventh Day Adventist Church s requesting a conditional use permit to allow for an expansion of its community unity service center located at 494 9th Avenue East North, Larson moved Council approve the conditional use permit for the Seventh Day Adventist Church with the attached conditions, The motion was seconded, Jentz gave a staff report and answered questions. Olson moved to add Condition 6 stating that no outside storage of any type shall be allowed on the property. The motion was seconded* Gabriel stated she did not want to create more of a problem with the new condition. Kenyon stated it is unfair to hold one business to a different standard. Larson commented the Ray of Hope was held to that standard{ .e amendment carried upon vote with Atkinson, Ha erman, Herron, Kluesner Larson, Olson, and Mayor Kennedy voting in favor, and Gabriel and Kenyon voting against. The main motion as amended carried unanimously upon vote. G . ORDINANCE 1549 — AMENDMENTS — SPRING PRAIRIE PLANNED N DEVELOPMENT — IST READING School District #5 is requesting two amendments to the Spring Prairie Planned Unit Development agreement relating to building height and the number of parking spaces in conjunction with the proposed Glacier High School. Larson moved ordinance 1549, an ordinance authorizing and adopting an amendment to the Spring Prairie Fanned Unit Development agreement in association with the construction and development of Glacier High School. The motion was seconded. Jentz have a staff report on the PU i amendments and answered questions. ons. Olson stated he has a problem with the height, but he will agree to it since Jentz assured him it isn't going to be any higher than Love's, Herron remarked he dos "t. care if the high school is too feet high, .h, but the City reeds to be consistent. He suggested in future discussions, when the City is placing tax paying entities on the rolls, maybe the Council should consider some flexibility with businesses for architectural relief. Kalispell City Council Minutes September , 2005 .gage Hafferrnan commented he doesn't have any trouble with the height, but he questions the criteria used to come up with the parking spaces for the gymnasium at one car for five people, :He said he can understand not paving all of it right nova, but adequate parking needs to he provided. Mayor Kennedy noted a parking management ent plan will he developed between the City and School District #5 which assures that parking will. he addressed on an ongoing basis as the deed develops. Kenyon remarked this appears to be a well negotiated arrangement between. the Planning Board, Site Review, and the School District and he feels the parking is a school issue, not the City's. Gabriel agreed, stating if people are parking on the grass then more parking will be added next year. The motion carried upon roll call vote with Gabriel, Herron, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy voting In favor, and Atkinson and Hafernan voting against.. G . RESOLUTION 5053 — PRELIMINARY FLAT — GLACIER HIGH SCHOOL School District #5 is also requesting preliminary plat approval of one -lot subdivision containing 60 acres of land located on the southeast corner of West ,deserve and Stillwater Road for the proposed Glacier High School. Gabriel moved Resolution 5053, a resolution conditionally approving the preliminary plat of Glacier High School, more particularly described as a portion of Assessor's 'bract. 5 in Section 36, Township 29 North, Range 22 West, P.M. ., Flathead County, 1 ntana. The motion was seconded. Jentz gave a staff report and answered questions concerning access goads. He explained the Soo feet from. Stillwater Road to the high school's internal roadway system would be City owned and would need to be maintained by the City. 'Where was discussion on the costs to maintain such a small section of road and various options were suggested. Haf erman moved to amend Condition #4 by adding that the Soo foot roadway will be maintained as a private road until the road is completed and it is deeded to the City. The notion was seconded. Kenyon stated these conditions have already been approved by the planning board and the school board and he doesn't feel the Council should be changing the conditions without their input. The amendment carried on a roll call vote with Atkinson, Gabriel, Hafferman Herron, KI u e n er and Mayor Kennedy voting in ,favor-, and Kenyon, Larson and Olson voting against* The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Haffer man, Herron, Kle ner, Larson and Mayor Kennedy voting in favor, and Kenyon and Olson voting against. Kalispell City Council Minutes strT 6, 2005 Page 8 G} 1.. ORDINANCE 1550 — ZONING ORDINANCE TEXT AMENDMENT „" SIGN REGULATIONS - IST READING This ordinance includes several major and minor amendments to provide clarity to the sign regltios. Atkinson moved Ordinance 1550, an ordinance amending the Kalispell Zoning ordinance (ordinance No. 1460), y amending Section 27.2 , Sign Regulations, declaring an effective date, and authorizing the City Attorney to codify the same. The notion was seconded. Jentz gave a staff report and answered questions. Hafferman said most of the charges were made Tito tighten the screws on business and expand the bureaucrats' a tho ty", He said the Council should vote against the ordinance and leave the present sign regulations. Olson moved to remove the words "Inflatable signs, balloons, and tethered balloons" from No. 2 of Section 2 .2 .030. The motion was seconded. Atkinson said instead of cleaning up the language, the amendment is messing it up. Kenyon commented that he is really tired of arguing over this and he's going to vote for the ordinance as it stands. The amendment failed upon vote with Hafferman, Larson and Olson voting in favor, and .Atkinson, Gabriel, Herron, Kenyon, Klesner, and Mayor Kennedy voting against. Olson moved to remove item No. 3 of 27. .030 (Streamers, pennants, strings of pennants or other flying attractants). The motion was seconded. Larson said this seems life a trivial ratter, but if the Coed doers*t vote for this he will vote against the entire ordinance because the Council is nitpicking. The amendment carried on a roll call vote with Atkinson, Hafferman Herron, Ki esner, Larson, Olson and Mayor Kennedy voting in favor, and Gabriel and Kenyon voting against. Herron moved to call for the question. The motion was seconded. The notion carried upon vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon., Kluesner, Larson, and Mayor Kennedy voting in favor, and Olson voting against. The main motion as amended once failed upon roll call vote with Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting in favor, and Hafferman, Herron, Klnesner, Larson, and Olson voting against. Kalispell City Council Minutes September 6, 2005 Page 9 G/11. ORDINANCE 1551 — PARKING ORDINANCE AMENDMENT — IST READING This amendment to the parkin; ordinance would allow the pollee department to remove vehicles with expired registration for more than 30 days from City streets. Larson moved ordinance 1.551., an ordinance amending In Kalispell City Code 17-77 to create a presumption of violation of illegal motor vehicle storage upon city streets upon a showing that vehicle is not properly registered in the State of Montana and declaring an effective date. The motion was seconded. Patrick gave a staff report. Hafferman moved to amend Section 2 by adding a 48 hour pen"od alter ticketingti'cketing before towing. There was no second. There was further discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Klesner, Larson, Olson and Mayor Kennedy voting in favor, and Haffernan voting against. G/12, RESOLUTION So o — STOP SIGNS — PALMER DRIVE & RITZMAN LANE A traffic study has resulted in a recommendation to install a four-way stop sign at the intersection of Palmer Drive and Rit n an Lane. Kenyon moved Resolution 5060, o, a resolution approving the placement of stop signs on Palmer Drive at its intersection with Rit man Lane and declaring an effective plate. The motion was seconded. Garner gave a staff report. There was no discussiOn. The motion carried unanimously upon roll call vote. G/13. RESOLUTION 5061 — PERSONNEL POLICIES AMENDMENT The Montana Municipal insurance Authority is requiring an amendment to the City's personnel Policies to comply with the MMIA" s criteria for processing newly hired employee s. Kenyon moved Resolution 5061, a resolution amending Resolution 4832, adopting revisions to Section 2 -11, Employee In-. roeessing/ rientation, of the Personnel Policies Handbook for all 0*0 City employees and declaring an etectve date. The motion was seconded. Patrick gave a staff .report. There was no discussion. Kalispell City Council Minutes September 6,20 .gage 1 The motion carried unanimously upon Droll call vote, G . ORDINANCE 1552 — SALARY ORDINANCE AMENDMENT - 1ST READING This amendment adds several new City positions as approved by Council earlier and modifies the salary ranges. Gabriel moved Ordinance 1552, an ordinance amending Ordinance No. 150 , fixing the limits of the salary and compensation of the city officials, supervisors, and employees pursuant to Title 71, Chapter , Part 42, M.C.A., commencing on the dates indicated herein, and repealing all other ordinances In conflict therewith. The notion was seconded. Patrick gave a staff retort. Haf erman said he was originally against the study that prompted these salary changes because the consultants ultants cherry picked; the proposed salary ranges should have taken a realistic approach to conditions in Kalispell; and the ranges increase the disparity between the lowest employees and those in the upper grades. He said the City doer. need another increase added onto the `already taxpayer unfriendly salary range'. The motion carried upon roll call vote with ,Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman, Herron and Klnesner voting against. H. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Mayo- Kennedy announced there will be a fundraiser this Sunday for the victims of Hurricane Katrina. She said several bands are playing in what is being called "Band Aid' with music starting at 2.00 p.m. at the Eagles Hall, Chief Brod hl stated that four City firefighters have been sent down south to help victims of Katrina. Patrick reminded the public there are several City board openings still available and that credit card payments are now being accepted for City Wilily bills. I. ADJOURN The meeting was adjourned at .0:3 .m. ATTEST: { Theresa White City Clerk Approved September 19, 2005 Kalispell City Council it Minutes September 6, 2005 'age 1