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09/19/05 City Council MinutesA REGULAR MEETING of THE ESL CITY COUNCIL WAS HELD AT 70*00 .M,, MON AY, SEPTEM ER 19, 20059 N THE COUNCIL CHAMBERS AT CITY HALL N KALISPELL, MON ANA. MAYOR PAMELA . # KENNE Y .PRESIDED. COUNCIL MEMBERS JIMA KINSON, KARI GABRIE , BOB RAFFERMAN, BOB H RRoN, TIM KLESNE� DUANE LARSON., AND HANK O SON WERE PRESENT. COUNCIL MEMBER RANDY KENYON WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Finance Director for Amy Robertson, Public Works Director Jim Hans, , Police Chief Frank Gaper, Fire Chief Randy Brodehl, Kalispell Planning Department Director Tom Jentz, Senior Planner Narda Wilson, Planner 11: l Sorenson, Parks and Recreation Director Mike e Baer, Assistant City Engineer Frank Castles, Project Manager Fred Zavod y, and Recording Secretary Judi Fungi.. 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 .nan mousl upon vote with Kenyon absent* .............................. ............... ........ B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting Se terser 6,, 2005 2. ordinance 1.551 — Parking Ordinance Amendment — 2 d Readipg This amendment to the parking ordinance will allow the police department to remove vehicles with expired registration for more than 30 days from City streets. ordinance 1.551 passed on first reading Se tem er 6. 3. Award Bid Ambulance Only one bid was received for are ambulance .for the fire department. Staff is recommended Council award the contract to Professional Sales and Service from Salt Lake City iin the amount of $108,946.26. .Atkinson moved approval of the Consent Agenda. The motion was seconded. Hfer.n moved Item No. 2 be removed from the Consent Agenda and placed as Item No. on the regular agenda. The motion was seconded. The amendment carried upon vote with Atkinson, Gabriel, H fferm n, Herron, Klnesner, and Olson voting in favor, Larson and Mayor Kennedy voting against, and Kenyon absent. The amended motion carried unanimously upon roll call vote with Kenyon absent. Kalispell City Council Minutes September 19, 2005 Page C. STUDENT ISSUES Hole. PUBLIC COMMENT George Taylor, 505Ih Avenue East, stated that he is here on behalf of the Planning Board and that they worked on the sign ordinance for months. He -urged the Council to look at it carefully. Deninis Carver, boo Leisure Drive, addressed the Council about the sidewalks in Ashley Park and the sidewalk standards in general. He urged Council to accept an extended warranty and not have the sidewalks replaced. E. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E1. ORDINANCE 1549 — AMENDMENTS — SPRING PRAIRIE PLANNED UNIT DEVELOPMENT — 2ND READING School District #5 has requested two amendments to the Spring Prairie Planned Unit Development agreement relating to building height and the number of parking spaces In conjunction wIt . the proposed Glacier High School. Ordinance 1549 passed on first reading September 6. Larson moved the second reading of ordinance 1549, an ordinance authorizing and adopting an amendment to the Spring Prairie Planned Unit Development ent agreement in association with the construction and development of Glacier High School. The motion was seconded. There was discussion. Hafferman stated he initially voted against this because of "'woefully inadequate",' parking and he will do so again. The motion carried upon roil call vote with Gabriel, Herron, Klues er, Larson, Olson and Mayor Kennedy voting in favor, Atkinson and Hafferman voting against, and Kenyon absent. E/2. ORDINANCE 1552 — SALARY ORDINANCE AMENDMENT — 2ND READING This ameDdment adds several new City positions as approved by Council earlier and modifies the salary ranges. Ordinance 1.552 passed on first reading September 6. Gabriel moved the second reading of ordinance 1552, an ordinance amending ordinance No. 1506, fixing the limits of the salary and compensation of the city officials, supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A.., commencing on the dates indicated herein, and .repealing all other ordinances in conflict therewith. The motion was seconded. Ha erman stated he initially voted against, and will vote against it a ai 'n, because he sees no reason to increase the salary ranges, particularly on the high end, at this time. Kalispell City Council Minutes Page The motion carried upon roll call vote with Atkinson, Gabriel, Larson, Olson and Mayor Kennedy voting in favor, Halle man, Herron and Klesner voting against, and Kenyon absent. E 3. RESOLUTION 5062 — RESOLUTION of INTENT — IMPACT FEE COMMITTEE Senate Bill 185 requires Council to appoint a committee to make recommendations on the creation and implementation of impact fees. Resolution 5062 declares Council's intent to create the committee. Atkinson moved Resolution 5062, a resolution of intent to form an. Impact Fee Advisory Committee pursuant to the statutory requirements of the 2005 Montana Session Laws 2 9* The Motion was seconded. Patrick gave a staff report and answered questions. There was discussion. Larson moved to amend the date of appointment to October 17, 2005, The motion was seconded. The amendment carried unanimously upon vote with Kenyon absent. n.t. ................................................................................... The amended motion carried unanimously upon roll call vote with K6yon sent* E . FINAL PLAT ---- COTTONWOOD ARK SUBDIVISION This is a request for final plat approval of Cottonwood Park Subdivision that plats 39 lots on approximately te-n acres located at the nortbwest corner of Stillwater Road and Three Mile Drive. Herron moved Council accept the Subdivision Improvement Agreement and approve the final plat for Cottonwood Park Subdivision. The motion was seconded. Wilson gave a staff report. There was no discussion. The motion carried unanimously upon vote with Kenyon absent. Council is being asked to make a determination con.eern requi . red corrections of substandard sidewalks in Ashley Park Subdivision., Phase 7. Patrick gave a staff report. Larson moved Council approve Alternative Motion 1, and rind, based upon the evidence presented, that: Kalispell City Council Minutes September 19, 2005 Page a# the sidewalks constructed at Ashley 'ark Phase 7, fail to meet the design and construction standards of the City of Kalispell, and, b, there is some value in the sidewalks that are in place, and, C. the developer will warranty the sidewalks for a period of ten years against material and structural defect, and d. the Public works Department shall have sole discretion as to the removal and replacement of failed panel(s) of sidewalk, and el photographic evidence of the cracked sidewalk section shall be taken by the Public 'works Department prior to the replacement of the sidewalk panel, and E adjacent sidewalk panels cracked during the replacement shall also be replaced under this agreement, and from this tine forward, inspections will be made of the sub -base and the constructed product in regards to sidewalks to make sure they are in compliance with City standards. The motion was seconded. Larson stated this is a Treasonable answer for the problem and we are taping care of future construction; he agreed with the developer that the sidewalk have value. Gabriel asked if this motion would only affect this particular developer. Patri.ek..s.tated.t.h.is.wou.l.d other deyelo ers in the sane circumstances and he expects them to request the sane consideration from. Council. Olson asked what we are going to do about the other substandard core samples in other developments. Patrick answered in those cases where substandard construction has been found, "re are asking that the sidewalks be replaced. Hansz explained the majority of the substandard sidewalks are in developments on the northwest side of town and .it's taf s intention to treat all of the developments equally, depending on the Councils' decision tonight. Olson said Carver mentioned that in his discussions with a bonding agency... a five-year warranty band would be difficult to obtain and a ten-year warranty bond s out of the question. He said if a ten-year warranty is out of the question, "what are we doing" Mayor Kennedy clarified the notion is for a ten-year warranty, not a ten. -yeas warranty bored. Olson said if .it's not a bond, then what happens if he leaves town tomorrow. Hansz noted that with each development, some sort of surety is required so that in case the developer falls to perform the City then has recourse against that surety to obtain the funds necessary to conclude the project. He said with arson's (notion, the City would have no security whatsoever. A warranty would have to be a bond because without a bond the warranty is not enforceable. Kalispell City Council Minutes Page Mayor Kennedy suggested an amendment requiring a three-year bond with a ten-year warranty. Hansz stated Carver indicated a long-term bond through an agency is hard to obtain, but perhaps there are other fors of surety which would provide the same level of protection. Olson commented he's not ,prepared to € etermine a proper form of surety tonight, t, o .he'll have to vote against the motion unless someone grants to table it. Mayor Kennedy said the problem with tabling the issue is that Carver's current letter of credit expires on October 1. She added that apparently Carver attempted to give the City a new letter of credit, but the City rejected it. Patrick responded as far as he knows, the City did not reject a new letter of credit. He suggested if it's the C on.cil's desire to table the matter, then Carver needs to be asked if he's willing to extend the letter of credit for a couple of months to allow the Council time to deliberate. Carver stated that the new letter of credit he attempted to give the City would have been good until .lure 20, 2006 and would have covered the trees and the sidewalks. He said he is still willing to do the same thing. Herron asked H'a.rball to explain the legal issues asking if this isn't really about a contract, not .t.a.d.. Harball said a Subdivision Improvement Agreement was signed by the developer whereby he agreed to a six inch gravel base; the City 1s simply demanding that the agreement, or contract, be fulfilled. t arball said the substandard sidewalks are a breach of that contract and we have to do what makes sense for the City. He reiterated that whatever the Council decides to do, we must deal equally with all of the other developers that will come forward. Herron remarked the City needs to hold people to the contractual agreements they ma e; that's what he expects in his life and his business. Larson stated he would ld be willing to withdraw his motion if the Council will agree to extend the letter of credit so that a reasonable solution can be found. Herron said he is disappointed in the development and building community. He said he has always been pro growth, but the City might get the developers' attention if it puts a total moratorium on all building where the development standards aren.'t met. Herron said he talked with a lot of developers over the past two or three weeks and the developers who are doing things right errant everyone to be held to the same standard. Larson agreed the problem needs to be solved, but even if the Council ordered the sidewalk to be replaced it wouldn't get dome in the next few weeks. He suggested Council try to find a solution over the next few weeks that is fair to everyone. afferan said if he owned a piece of property and the contract or he hired didn't do a certain job correctly, he would prefer to have the contractor on the hook for ten years rather than have the Kalispell City Council Minutes September 19, 2005 sidewalk ripped up and replaced. He said he is in favor of accepting a 10 year warranty with a bond, but agreed that more work needs to be done on a motion that satisfies everyone and as long as the City has a valid letter of credit he doesn't sec the reed for a big rush. Kluesner pointed out the Council is trying to decide the enforcement policy and set a precedent from no", on and he doesn't think that can be done in one right. Atkinson commented they have already set the precedent and they are the standards. He said Carver signed the Subdivision Improvement Agreement and didn't follow the standards. Atkinson stressed the Council is here to set standards, to live by then, and direct the staff to enforce them. He said the City must follow its standards and create a level playing field and he encouraged the Council to vote against the motion and he will rove the sidewalks be replaced. Larson said even if the Council chooses to have all. of the sidewalks replaced, it still doesn't solve the problem with the letter of credit expiring; October 1. Mayor Kennedy said she believes "wholeheartedly" the Council is going n the right direction to make sure the City doesn't have the problems it's had in the past, and she hopes the Council sets the precedent that from this day forward the City will be holding developers to the standards. She stated, however, she is concerned with the impact to residents by tearing out their sidewalks which also means tearing; out their driveways and any landscaping they may have done. She said she hopes the Council would table the issue to allow for further discussion and allow Carver to submit a new letter .................. .. . . of credit to expire June 30, 200. Herron suggested that maybe the City should cash the letter of credit since the work was not done correctly. Harball noted that if the letter of credit is cashed, it puts the burden on the City to fix the problem. Olson reiterated he doesn't Feel the Council has enough information to agree on a resolution this evening. Atkinson retorted that the agreement has already been made and Carver didn't follow through on it. e said it's time to make the announcement that the City will stand behind its standards. Mayor Kennedy said it appears from the discussion that the Council is truly divided. In order to take care of the issue she suggested the motion be tabled and another motion be offered asking for a new letter of credit. Hafferman moved to table the motion to the October 17 meeting. The motion was seconded. Atkinson made a point of order stating his hand was .raised before Hafferrnan's, adding he had something to add to the discussion. Mayor Kennedy apologized, but said the motion was already accepted. Kalispell City Council Minutes September 19, 2005 The motion to table carried upon vote with Gabriel, Hafferman, Klnesner, Larson, Olson, and Mayor Kennedy voting in favor, Atkinson and. Herron voting against, and Kenyon absent. Larson moved to accept a new letter of credit from the developer which would expire on June 30, 2006 to cove- the cost of the sidewalks and landscaping. The motion was seconded* Herron stated he will only support the notion if it's amended to require that the new letter of credit be 'in the same amount as the original one. He said if the Council is going to sit down and try to reach a compromise, Carver needs to be .held to that sane amount as the original. letter of credit for as long as It takes, even if that means a letter of credit for $ 8 ,000. arbal . said the City dandles letters of credit all the time and as work is completed, the amount of the letter is reduced. He said it would be standard procedure for the City to require only an amount that is 1.25% of the work that is left to be done. Larson moved a friendly amendment to his motion stating the letter of credit will be in an amount to be determined at the discretion of the legal department and public works. The second concurred. Kl esner asked that prior to the work session the staff provides a full accounting of all of the projects that may be looking at the sane problem, the letters of credit, when they expire, etc. Gabriel commented that before the Council makes a decision, she would like to bear from some of the homeowners vners o will be affected by having their s .dewalks ripped out. The motion carried unanimously upon vote with Kenyon absent. ORDINANCE 155.E — PARKING ORDINANCE AMENDMENT — 2ND READING (REMOVED FROM CONSENT AGENT This amendment to the parking ordinance would allow the police department to remove vehicles with expired registration for more than 30 days from City streets. Ordinance 1551 passed on first reading September 6. Larson moved the second reading of ordinance 1.551, an ordinance amending 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. Hafferman stated he will again vote against the ordinance because no time was provided between ticketing and towing. The motion carried upon roil call vote with Atkinson, Gabriel, Herron, Klesner, Larson, Olson and Mayor Kennedy voting in favor, Hafferman voting against, and Kenyon absent. Kalispell City Council Minutes September 19, 2005 Page F, MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action Mayor Kennedy announced there was a water man break earlier today on the crest side of torn and staff is diligently working with the contractors to restore water to residents. Olson asked for a work session to discuss a request from the Conrad Mansion for sidewalks to be installed. Hafferman said the City owns the Conrad Mansion and therefore should be paying the fall cost of the sidewalks. Patrick informed the Councl.1 that thanks to Fire Chief Randy Brodehl, the DNRC will reimburse the City over $40,000 for the lard that was purchased for the fire station.. G. A 'RN The meeting was adjourned at 9:02 p.m. Approved October 3. 2005 Kalispell City Council 'Minutes Page 8