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1. Council Minutes - Regular Meeting - February 2, 2009A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, FEBRUARY 2, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Acting Fire Chief Dan Diehl, Public Works Director Jim Hansz, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Planning Director Tom Jentz, Senior Planner Sean Conrad, Airport Manager Fred Leistiko, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Atkinson moved approval of the Agenda with the removal of Item No. 5, the Silverbrook Estates Latecomer's Agreement. The motion was seconded. Mayor Kennedy explained that the developer asked that the item be removed from the Agenda. There was no further discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — January 20 2009 2. Police Officer Confirmation Jason Parce successfully completed his one year probationary period with the Kalispell Police Department and Council confirmation was requested. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. STUDENT ISSUES None. Kalispell City Council Minutes February 2, 2009 Page 1 D. PUBLIC COMMENT Sharon DeMeester, 415 Chestnut Drive, questioned whether the Council is considering exempting the developers of Glacier Town Center, Hutton Ranch, and Spring Prairie from transportation impact fees because they show up with the most attorneys. She asked if this is the case are the small developers and taxpayers going to carry the load. DeMeester concluded by asking the Council to consider their decision carefully. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. CONDITIONAL USE PERMIT — KISA DAVISON This is a request from Kisa Davison for a conditional use permit to operate a yoga studio and jiu jitsu school within an existing building located at 419 First Avenue East. Larson moved Council approve the conditional use permit with two conditions to allow Kisa Davison to operate a yoga studio and jiu jitsu school at 419 First Avenue East. The motion was seconded. Conrad gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote. E/2. PRESENTATION —ANNEXATION AND ZONING WITH PUD PLACEHOLDER— SIDERIUS FAMILY LIMITED PARTNERSHIP This is a request for annexation and zoning with a PUD placeholder on approximately 207 acres located on the west side of Highway 93 South. Conrad gave a staff report and answered questions concerning the impact on schools, the City airport expansion, and the City's sludge field that is located in that area. Hafferman commented this is good infill for the area, but he has two concerns. He said when the preliminary plat comes forward he will be looking closely at how the project addresses future development options at the airport and disclosure of the sludge field. E/3. RESOLUTION 5335 — ANNEXATION — SIDERIUS FAMILY LIMITED PARTNERSHIP The property proposed for annexation is located on the west side of Highway 93 South with Cemetery Road on the north end and Ashley Meadows Road on the south end. Kalispell City Council Minutes February 2, 2009 Page 2 Kenyon moved Resolution 5335, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Tract 1 of Certificate of Survey 17744, the Amended Subdivision Plat of Lots 3 and 5 of Ashley Business Park and Amended Plat of the Amended Plat of Lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Survey 8369 located in Sections 29 and 32, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, as more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, to be known as Siderius Addition No. 407; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Larson noted he will vote in favor of this because it is a good infill project. He added, however, that he is concerned with the impact of this project on the school system, City services, the City airport, and the sludge field. Larson said the police and fire departments are strapped and he is worried that we have "annexed ourselves into the poorhouse". In response to a question from Kluesner as to whether the sludge field can be moved, Hansz responded the area was purchased with EPA funds and cannot be relocated. He said he really doesn't have any concerns with impacts to the field. Kenyon agreed with Larson that in the future the Council needs to take a close look at additional annexations to protect what we already have. There was no further discussion. The motion carried unanimously upon roll call vote. E/4. ORDINANCE 1654 —ZONING WITH PUD PLACEHOLDER— SIDERIUS FAMILY LIMITED PARTNERSHIP —1ST READING The owners have requested a B-2 (General Business) zoning district on the east half of the property, and a RA-1 (Low Density Residential Apartment) zoning district on the west half. A Planned Unit Development placeholder zoning district is also requested over the entire 207 acre site. Saverud moved first reading of Ordinance 1654, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property more particularly described as Tract 1 of Certificate of Survey 17744, the Amended Subdivision Plat of Lots 3 and 5 of Ashley Business Park and Amended Plat of the Amended Plat of Lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate of Survey 8369 Iocated in Sections 29 and 32, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, (previously zoned County I-1 H (Light Industrial -Highway) and SAG-10 (Suburban Agricultural)) to City B-2 (General Business) with a Planned Unit Development placeholder and City RA-1 (Low Density Residential Apartment) with a Planned Unit Development placeholder in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kalispell City Council Minutes February 2, 2009 Page 3 There was no discussion. The motion carried unanimously upon roll call vote. E/5. LATECOMERS AGREEMENT — SILVERBROOK ESTATES (REMOVED) E/6. CONTRACT AMENDMENT — WASTEWATER TREATMENT PLANT This is a request for a contract amendment with Morrison—Maierle to support engineering requirements for infrastructure projects associated with Federal Stimulus projects. Larson moved Council amend the current task order contract with Morrison-Maierle to specify projects, add engineering tasks, and extend the performance period three years. The motion was seconded. Hansz gave a staff report explaining that if the City is successful at gaining funding for any of the Public Works infrastructure projects submitted there will be a high level of fast -track engineering needed to ensure the project is under construction on the schedule expected by the Federal authorities. He said the current WWTP contract with Morrison-Maierle follows Federal procedure and can easily be expanded to cover additional engineering tasks if needed. Hafferman remarked the engineering for the projects should be put out for requests for proposals, adding there are plenty of firms in the area who are fully capable of handling the work. He said the City continues to hire the same people over and over and Kalispell has the reputation that only certain firms are hired. Kluesner agreed. He said the whole point of the stimulus package is to create jobs and spread the wealth and we should not be showing favoritism. Hansz emphasized this is simply a contract amendment, not a contract award, and does not preclude the Council from requesting proposals. He said this is just to make sure that the City is in the best position to take fullest and quickest advantage of any opportunities that might appear. Gabriel noted she supports competitive bidding, but in this case we need to have everything ready to go if we get any stimulus money. Saverud questioned why the agreement also extends the contract an additional three years when there are still two years left. Hansz replied if it is causing concern we do not have to extend it at this time; we can get a lot done in two years. Kluesner moved to strike the three year extension from the contract amendment. The motion was seconded. Kalispell City Council Minutes February 2, 2009 Page 4 There was further discussion. The amendment failed upon roll call vote with Hafferman, Kluesner, and Larson voting in favor, and Atkinson, Gabriel, Kenyon, Olson, Saverud, and Mayor Kennedy voting against. The main motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: City Clerk: Theresa White, Fire: Dan Diehl, Planning: Tom Jentz. Mayor Kennedy announced that the 911 Committee will be meeting later this week. G. ADJOURN The meeting was adjourned at 8:20 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes February 2, 2009 Page 5