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*
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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.
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September 19, 2005
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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.
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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.
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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:
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September 19, 2005
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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.
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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
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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
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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.
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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.
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September 19, 2005
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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
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