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1. Council Minutes - Regular Meeting - May 4, 2009A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MAY 49 20099 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, Assistant Fire Chief/Prevention DC Haas, Public Works Director Jim Hansz, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Municipal Court Judge Heidi Ulbricht, Economic and Community Development Director Kellie Danielson, Human Resources Director Terry Mitton, Planning Director Torn Jentz, 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 Gabriel moved approval of the Agenda. The motion was seconded. There was no further discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting; — April 20, 2009 2. Pledged Securities as of March 31, 2009 3. Proclamation — National Day of Prayer — May 7 2009 4. Proclamation — Arthritis Awareness Month — May, 2009 Atkinson 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 May 4, 2009 Page 1 D. PUBLIC COMMENT Jerry Reckin, 160 Ritzman Lane, member of the Impact Fee Committee, remarked the new transportation impact fee ordinance was effective on April 1, yet the planning department is now making decisions on who has to pay. He questioned "who is making the decisions and running the show?" Mayre Flowers, Citizens for a Better Flathead, stated the transportation impact fee ordinance should be followed as written and grandfathering was not included, yet now you have an "illegal memo" generated by staff and not approved by council that allows grandfathering. She noted Wal-Mart does not have to pay the transportation impact fees, making a mockery of the process, because it will generate a huge amount of traffic. Roxanna Brothers, 786 4th Avenue WN, agreed with Reckin and Flowers regarding the transportation impact fees. Mickey Lapp, 3230 Columbia Falls Stage Road, asked if the council had read and understood a letter sent to them from Reverend Clifford Purcell opposing the establishment of a pre-release center in Kalispell. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. ORDINANCE 1659 —ZONE CHANGE WITH PUD — HOCKADAY MUSEUM — 2ND READING This is a request by the Hockaday Board of Directors for a zone change from RA-3 (Residential Apartment/Office) to P-1(Public) with a planned unit development overlay zoning district to allow for reduced building setbacks necessary to expand the museum. Ordinance 1659 passed on a 7-2 vote April 20. Larson moved second reading of Ordinance 1659, 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 Lots 1, 2,3 and 4, Block 64, located in the Northeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned City RA-3 (Residential Apartment/Office)) to City P-1 (Public) with a planned unit development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Hafferman reiterated he is not opposed to the Hockaday receiving reduced parking and setbacks, but he is concerned that we are using a PUD to circumvent our own regulations. There was no further discussion. The 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. Kalispell City Council Minutes May 4, 2009 Page 2 E/2. RESOLUTION 5362A — ADOPTING KALISPELL WEST GROWTH POLICY AMENDMENT — OR — RESOLUTION 5362B — REVISING KALISPELL WEST GROWTH POLICY AMENDMENT — OR — RESOLUTION 5362C — REJECTING KALISPELL WEST GROWTH POLICY AMENDMENT The proposed amendment would update the western portions of the Kalispell Growth Policy 2020 for the area west of Stillwater River and Road, north of Two Mile Drive, east of Farm to Market Road, and south of Church Drive. Gabriel moved Resolution 5362A, a resolution adopting an amendment to the Kalispell Growth Policy 2020, to be known as the West Growth Policy Amendment. The motion was seconded. Jentz gave a staff report and answered questions. Hafferman commented this growth policy amendment means the council has designs to annex areas within the growth policy boundaries. He noted this area encompasses 16 square miles and it would all have to be zoned R-3 in order to pay for itself. Hafferman concluded by stating this boundary adjustment makes no sense. Kluesner said it doesn't make sense right now to be expanding this far west and we need to spend our time and resources on areas already in the city by working on infill. Olson remarked he agrees with Hafferman and Kluesner regarding annexations, but noted this is just a planning document and if anyone wants to annex in this area they still have to come before the council. Atkinson noted he likes to look at this as planning salvation for large tract landowners, not as the city being "greedy". There was no further discussion. The 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. E/3. PRESENTATION —ANNEXATION AND ZONING WITH PUD PLACEHOLDER— NEIL BERTELSEN Jentz presented a request from Neil Bertelsen to annex and zone approximately two and a half acres with a planned unit development placeholder at 135 Cemetery Road. Kluesner noted this project makes sense because it's infill. There was no further discussion. Kalispell City Council Minutes May 4, 2009 Page 3 E/4. RESOLUTION 5363 — ANNEXATION — NEIL BERTELSEN The site proposed for annexation is located on the west side of Highway 93 approximately 300 feet west of the intersection of Highway 93 and Cemetery Road. Kenyon moved Resolution 5363, 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 Assessor's Tracts 11FAA,11KA,11K, 11W, 11S,11J, 11H, and 11V located in the northeast quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", to be known as Bertelsen Addition No. 408; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. E/5. ORDINANCE 1660 —ZONING WITH PUD PLACEHOLDER — NEIL BERTELSEN — 1ST READING Bertelsen is requesting a zoning designation of B-2 (General Business) with a planned unit development placeholder over the entire site. The PUD placeholder would bind the property to a future PUD application. Atkinson moved first reading of Ordinance 1660, 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 Assessor's Tracts 11FAA, 11KA, 11K, 11W9 115, 11J, 11H, and 11V located in the northeast quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", (previously zoned County R-5 (Two Family Residential)) to City B-2 (General Business) with a planned unit development placeholder in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Jentz answered questions concerning PUD placeholders and why they benefit the landowner and the city. There was no further discussion. The motion carried unanimously upon roll call vote. E/6. RESOLUTION 5364 — CDBG LOAN — AGAPE HOME CARE AGAPE Home Care has applied to the Community Development Department for a CDBG loan in the amount of $42,500.00 to purchase the United Way office property on Appleway Drive. Kalispell City Council Minutes May 4, 2009 Page 4 Larson moved Resolution 5364, a resolution approving the use of the City of Kalispell Community Development Revolving Loan Program Funds to provide a loan in the amount of $42,500.00 to AGAPE home care. The motion was seconded. Danielson gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. E/7. APPOINTMENT — BOARD OF ADJUSTMENT John Parsons is requesting reappointment to the Board of Adjustment. No other letters of interest were received. Mayor Kennedy recommended the council reappoint John Parsons to the Board of Adjustment. Olson moved the council accept the Mayor's recommendation and reappoint John Parsons to the Board of Adjustment. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/8. APPOINTMENTS — BUSINESS IMPROVEMENT DISTRICT BOARD Three letters of interest were received for two openings on the Business Improvement District Board of Directors from Incumbent Marshall Noice, Margaret Lekander, and Bob Schneider. Mayor Kennedy recommended the council reappoint Marshall Noice and appoint Margaret Lekander to the Business Improvement District Board. Saverud moved the council accept the Mayor's recommendation and reappoint Marshall Noice and appoint Margaret Lekander to the Business Improvement District Board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/9. APPOINTMENT - CONRAD MANSION BOARD OF DIRECTORS One letter of interest was received from Sue Corrigan for an opening on the Conrad Mansion board following the resignation of Mark Munsinger. Kalispell City Council Minutes May 4, 2009 Page 5 Mayor Kennedy recommended the council appoint Sue Corrigan to the Conrad Mansion board. Larson moved the council accept the Mayor's recommendation and appoint Sue Corrigan to the Conrad Mansion board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/10. APPOINTMENTS - ECONOMIC DEVELOPMENT REVOLVING LOAN COMMITTEE Wade Elder and Dave Hanson have requested reappointment to the revolving loan committee. Karin Witt would like to be appointed to the seat being vacated by Justin Sliter. Mayor Kennedy recommended the council reappoint Wade Elder and Dave Hanson to the Economic Development Revolving Loan Committee. Olson moved the council accept the Mayor's recommendation and reappoint Wade Elder and Dave Hanson to the Economic Development Revolving Loan Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/11. APPOINTMENTS — IMPACT FEE COMMITTEE Three letters of interest were received for three openings on the Impact Fee Committee from Sharon DeMeester, Jeff Goudreau, and Dewey Swank, Mayor Kennedy recommended the council appoint Sharon DeMeester, Jeff Goudreau and Dewey Swank to the Impact Fee Committee. Olson moved the council accept the Mayor's recommendation and appoint Sharon DeMeester, Jeff Goudreau and Dewey Swank to the Impact Fee Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/12. APPOINTMENT — PARKING COMMISSION Joel Schnoknecht is requesting reappointment to the Parking Commission, and Ron Trippett is interested in filling the seat vacated by Bill Goodman. Kalispell City Council Minutes May 4, 2009 Page 6 Mayor Kennedy recommended the council reappoint Joel Schnoknecht and appoint Ron Trippett to the Parking Commission. Atkinson moved the council accept the Mayor's recommendation and reappoint Joel Schnoknecht and appoint Ron Trippett to the Parking Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/13. APPOINTMENTS — PLANNING BOARD AND ZONING COMMISSION Three terms have expired on the planning board; two city appointments and one county. The Flathead County Commissioners have reappointed C.M. Clark and are requesting council confirmation. Chad Graham is requesting one of the city appointments, with Rick Hull agreeing to serve until a replacement can be found. Atkinson moved the council confirm the county's appointment of C.M. Clark to the Planning Board and Zoning Commission. The motion was seconded. The motion carried unanimously upon vote. Mayor Kennedy recommended the council appoint Chad Graham to the Planning Board and zoning Commission and reappoint Rick Hull until a replacement can be found. Olson moved the council accept the Mayor's recommendation and appoint Chad Graham to the Planning Board and Zoning Commission along with Rick Hull until a replacement can be found. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/14. APPOINTMENT — POLICE COMMISSION Eight residents have expressed interest in one opening on the Police Commission; Incumbent Joan Jellison, Christopher Amyes, Matt Bonner, Steven Bowen, Montana Danford, Gary Grant, Larry Spinosa, and Gerald Wabschall. Mayor Kennedy recommended the council reappoint Joan Jellison to the Police Commission. Olson moved the council accept the Mayor's recommendation and reappoint Joan Jellison to the Police Commission. The motion was seconded. There was no further discussion. Kalispell City Council Minutes May 4, 2009 Page 7 The motion carried unanimously upon vote. E/15. APPOINTMENTS — STREET TREE COMMISSION The Street Tree Commission has two open seats with interest expressed from Andrea Davidson, Julie Radtke, and Dawn Tacke. Mayor Kennedy recommended the council appoint Andrea Davidson and Dawn Tacke to the Street Tree Commission. Olson moved the council accept the Mayor's recommendation and appoint Andrea Davidson and Dawn Tacke to the Street Tree Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/16. APPOINTMENT — TECHNICAL ADVISORY COMMITTEE Mark Munsinger has requested reappointment to the Technical Advisory Committee. Mayor Kennedy recommended the council reappoint Mark Munsinger to the Technical Advisory Committee. Olson moved the council accept the Mayor's recommendation and reappoint Mark Munsinger to the Technical Advisory Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/17. APPOINTMENT — EMERGENCY COMMUNICATIONS CENTER GOVERNING BOARD An elected official or designee needs to be appointed to the E911 board established for policy making, financial budget preparation, and administration of the Flathead Emergency Com- munications Center. Mayor Kennedy recommended the council appoint Duane Larson to the Emergency Communications Center Governing Board. Saverud moved the council accept the Mayor's recommendation and appoint Duane Larson to the Flathead Emergency Communications Center Governing Board. The motion was seconded. There was no discussion. Kalispell City Council Minutes May 4, 2009 Page 8 The motion carried unanimously upon vote with Larson abstaining. F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: Economic & Community Development: Kellie Danielson, Municipal Court: Judge Heidi Ulbricht. Atkinson stated he would like a response from staff about the transportation impact fee exemptions referenced this evening. Mayor Kennedy noted there was a workshop held on this issue and an audio tape is available. G. ADJOURN The meeting was adjourned at 8:15 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes May 4, 2009 Page 9