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1. Council Minutes - Regular Meeting - August 4, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7; 00 P.M., MONDAY, AUGUST 4, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PIRESIDED, COUNCIL MEMBERS :CAB I GABRIEL, BOB HAFE RMA V, RANDY KENYON, TIM KLUESNER, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT, COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Public works Director Jinn Hansz, Assistant Finance Director Rick Wills, Parks and Recreation Director Mike Baker, Planning Director Torn. Jentz, Planner H Nicole Johnson, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — July 211 Zoos 2. Evergreen Sewer Rate for Fiscal Year 2008-2009 Evergreen's rate is based on Kalispell's operational expenses for fiscal year 2008 prorated at the percent of usage based on meter readings at the lift station and the Wastewater Treatment Plant. 3. Community Lifesaving Award Jason Prewitt was honored for his heroic life saving efforts during the small plane crash on July 9. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roil call vote with Atkinson absent. C. STUDENT ISSUES None. Kalispell City Council Minutes August 4, 2008 Page 1. D. PUBLIC COMMENT Steve Eckels, 619 2nd Ave west, asked that a key to the City be presented to John zoltek, conductor of the Glacier Symphony, at a future concert. George Culpepper Jr, Northwest Montana Association of Realtors, commended Council for web postings and for joining with the County and other cities with the 911 center. However, he feels the County Commissioners jeopardized the 911 center when they put the Conservation Bond on the ballot. Rosle Olson, 320 Two Mile Drive #237, stated that no .matter how old you are you should wear a skate helmet at the skate park. She also feels that anyone caught vandalizing the park should have to pay the clean up costs. Mayre Flowers, 2770 Upper Lost Creek, whitefish, commented that cities and counties are struggling with funding and whitefish is fortunate that part of their park system is funded by a local option tax. She said it is a tool that other cities could use and it needs the support of legislators. Mayre Flowers, Citizens for a Better Flathead, stated they submitted extensive comments on the PUD amendments and she urged the Council to send it back to committee because the revisions fall short of the quality of development the City wants to encourage. She also encouraged Council to move forward on the transportation impact fees. Mark Delorme, 231 Juniper Bend, urged Council to vote yes on not requiring persons 18 and over to wear a helmet at the skateboard park. He said the helmet law should be for younger kids only. E. PUBLIC HEARING — PARKS MAINTENANCE DISTRICT Patrick and Harball gave a staff report. Mayor Kennedy opened the public hearing. Brandon Tice, 625 Golden Eye Court, remarked he lives near a neighborhood park that is owned by the City and maintained by neighbors. He said is not for or against the district, but he would like assurance that this park will be maintained by the City if it passes. Proponents David Cummings, 704 2nd Ave west, stated he moved back to Kalispell for the parks and trees and he wants his kids to watch the parks grow. He said times are hard, but he wants more and is willing to pay for it. Laurie Cumings, 1002 4th Ave F, expressed her support for the parks department and stated she believes that everyone should live within walking distance to a park. Kalispell City Council Minutes August 4, 2008 Page 2 Rick Anfenson, 335 Sherry Lane, principal of Peterson School, said parks are an investment for our children now and in the future. He said safety is an issue unless you maintain the structures and he supports the Parks Maintenance District for keeping parrs in working order. Trina Ambrose, 928 5th Ave East, also spoke in support of the parks department and said she wants to keep Kalispell beautiful. Emily Cur rnings, S 11 3rd Ave E, stated that parrs are important and she is willing to pay whatever it takes to make a community that people want to come back to. Edward Medwig, 136 1Oth Ave West, said he is a senior citizen and a board member for the newly formed Flathead valley Hockey Association. He remarked that even though times are tough for everyone he is willing to pay for this because we need to look ahead to the future and what the parrs mean to our youth. Opponents Eloise Hill, 467 4th Ave EN, stated she feels this is an underhanded way to handle City budgeting adding it plays to taxpayer apathy. She questioned why only the parks department was pulled out of the general fund budget and not fire, police, etc. and stated the phrase "not limited to" in the resolution should be looked at carefully. Larry Johnson, 112 loth Ave West, commented he supports the parks department; however, he disagrees with the method and manner of this. He said the City is ignoring MCA 15--10-420 and trying to bypass the mill levy cap. Ted Schlegel, 408 Ashley Court, remarked that the City won't get 50% of the property owners protesting and he feels this was part of the plan. He said the process was a calculated manipulation and he resents it. Scott Zimmerman, 112 Bluecrest Drive, stated the City needs to learn to live within a budget and taxpayers are sick of having to pay more taxes. He said that most City departments have too many supervisors and suggested using minor criminal offenders to clean up the parks. George Culpepper Jr., 100 Cooperative Way, Northwest Montana Association of Realtors, questioned whether Council had done everything they can to notify property owners that this was corning. He also feels this Will price people out of affordable housing. Luther French, 1624 Woodland Avenue, said he enjoys the parks but he is protesting the assessment method. He said he lives in an area that is in the City, but they do not have City sewer and because of the large lot required for septic his property will be assessed over $100.00 per year. Sharon DeMeester, 415 Chestnut Drive, remarked she has commercial properties in town and every time taxes increase, What she charges for rent has to increase also. She said Council is nickel and dinging them to death. Kalispell City Council Minutes August 4, 2008 Page 3 Marcia Triplett, 1012 8th Ave East, stated she has owned her home for only a month and a half and she feels Council is trying to ramrod this through by doing this in the middle of summer. She suggested it be tabled until the tourists are gone and kids are back in school. Matt Bray, 729 6th Ave west, commented the methodology used for this is not fair and challenged Council to put it to a vote and find other ways to raise revenue. He said the mill rates are not correlated to use and this is an unfair burden to single homeowners with no children. Charles Lapp, 3230 Columbia Falls Stage Road, remarked that he owns commercial property on Kelly Road and if this passes his taxes will go up 14% for the City portion. He suggested having homeowners maintain the parks. Wayne Treweek, 140 Riverview Drive, stated he was offended when he received the letter because we have a voting process and he feels this should be put on the ballot. (Letter from Clarice Gates received prior to public hearing is attached and by this reference is made a part of the official record) Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND 5UBSEOUENT COUNCIL ACTION FIl. PRESENTATION — ANNEXATION AND INITIAL ZONING — TOM TONKINSON Johnson gave a staff report and answered questions on a request by Torn Tonkinson for annexation and initial zoning of an existing lot located at 610 South Meridian Road. F12. RESOLUTION 5289 --- ANNEXATION — TOM TONKINSON The property proposed for annexation is approximately one-half acre in size and contains a prefabricated building, two covered storage areas, and a metal shed. Larson moved Resolution 5289, 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 7ABBB located in Section 13, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana, and as more particularly described in Exhibit "A", to be known as Tonkinson Addition No. 404; 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 with Atkinson absent. Kalispell City Council Minutes August 4, 2008 Page 4 F'/3, ORDINANCE 1643 — INITIAL ZONING- -- TOM TONKINSON — 1ST REAMING Ton Hinson requested a zoning designation of R-4, Two -Family Residential, on the property listed above which is currently zoned. County R-1, Suburban Residential. Gabriel moved first reading of ordinance 1643, an ordinance to amend Section 27.02.010, official zoning reap, City of Kalispell Zoning ordinance, (ordinance No. 1460), by zoning certain real property more particularly described as Tract 7APPP located in Section 13, Township 28 North, range 22 west, P.M.M., Flathead County, Montana (previously zoned County R.-1(Suburban residential)) to City R.-4 (Two Family Residential) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson absent. P14. RESOLUTION 5290 — RESOLUTION OF INTENT AND CALL FOR. PUBLIC HEARING — ILL-A.NNLxATION — LOR.NA. wILSON When River Glen Subdivision was annexed in 2003, a 10-foot wide section of property was also annexed in error. Loma Wilson has formally requested the 3,441 square foot portion of her property be de -annexed as it was never intended to be included in the subdivision's annexation. Resolution 5290 calls for a public hearing on September 2. Gabriel moved Resolution 5290, a resolution of intention to exclude certain territory from the City of Kalispell, under the provisions of Title 7, Part 48, M.C.A. (Exclusion of Land), comprising a tract of land more particularly described in Exhibit "A", directing the City Clerk to provide notice of this resolution as provided by law, and setting a public hearing. The motion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson absent. F/5. CONDITIONA.L USE PERMIT — NORTHWEST HEALTHCARE CORPORATION Northwest Healthcare is requesting a conditional use permit to locate a day care center for children under the age of two in the north half of the building located at 200 Conway Drive. Kenyon moved Council approve the conditional use permit for Northwest Healthcare/Kid Dare. The motion was seconded. Johnson gave a staff report and answered questions. Kalispell City Council Minutes August 4, 2408 Page 5 There was no further discussion. The motion carried unanimously upon vote with Atkinson absent. F/6, ORDINANCE 1644 -- ZONING TEXT AMENDMENT — REVISIONS To PLANNED UNIT DEVELOPMENT DISTRICTS — IST READING The Kalispell Planning Board is recommending several amendments to the Kalispell Zoning Ordinance, Section 27.21, concerning PUD districts. Gabriel moved first reading of Ordinance 1644, an ordinance amending the City of Kalispell Planned Unit Development Standards codified at Chapter 27.21 of the Kalispell Municipal Code, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Jentz gave a staff report and answered questions. Hafferrnan moved to accept staff's suggested language and have Section 27.21.030(1)(a) read as follows: 27.21.030: Standards for Planned Unit Development District (PUD). (1). General Standards. (a) Developable area of a PUD shall be defined as all land that could potentially be available for development including land in existing or potential lots, streets, open space and parks. Undevelopable area is defined as land within un-buildable areas including land in a 100 year floodplain, PPA power line easements, federally designated wetlands and slopes in excess of 30 % unless satisfactory geotechnical information is submitted by a licensed engineer. The motion was seconded. The amendment carried unanimously upon vote with Atkinson absent. Kenyon moved to accept staff's suggested language and have Section 27.21.020(3L) read as follows: 27,21,020 (3L) I Each phase of a multi -phase PUD must be able to be free standing. 3. :each phase of a PUD shall not exceed the density provisions of the underlying zone as limited by the PUD. where a phase is proposed that complies with the overall PUD plan but the actual density of the particular phase may exceed the average density allowed by the underlying zone and PUD agreement, the applicant shall either provide the necessary corresponding open space or park facilities or suitably bond for there for development in a latter phase. Kalispell City Council Minutes August 4, 2008 Page 6 The motion was seconded. The amendment carried unanimously upon vote with Atkinson absent. Hafferman moved that Section 27.21.020 (3L)(4) be amended to read: " Future phases or major development components shaft show conceptual street designs....." The motion was seconded. Jentz explained that changing "may" to "shall" would be a pivotal change because markets and trends constantly change. He said the design would only be a best guess as to what the development would look life. Hafferman commented it is still important to have a "conceptual" plan. The amendment failed upon vote with Hafferman, Kenyon, and K.luesner voting in favor, Gabriel, Larson, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson absent. There was no further discussion. The main motion, as amended twice, carried unanimously upon roll call vote with Atkinson absent. F/7. RESOLUTION 5291 - RESOLUTION ADOPTING KA.LISPELL TRANSPORTATION CAPITAL IMPROVEMENT PLAN The Kalispell Impact Fee Cone ittee has established a growth -related transportation improvement plan for projects eligible to be included in the calculation of transportation impact fees. Larson moved Resolution 5291, a resolution to approve and adopt the Kalispell Transportation Growth Related Capital Improvement flan for fiscal year 2008-2009 and. beyond. The motion was seconded. Hansz gave a staff report and answered questions. Hafferman commented that he will be voting in favor of the CIP, not because it is logical, but because we have "tinkered" with this long enough. Kluesner stated that he would like to separate the CEP from the funding mechanism and treat them as two separate entities. :Kluesner moved an amendment to delete the last "whereas" which states: "the Kalispell City Council finds that the Kalispell Transportation Growth Related Capital Improvement Plan attached hereto as Exhibit "A" provides a reasonable and appropriate basis from which to determine the funding mechanisms, such as transportation impact fees, necessary to pay for the transportation improvement projects". There was no second. Kalispell City Council Minutes August 4, 2008 Page 7 There was no further discussion. The motion carried unanimously upon roll call vote with Atkinson absent. El8. RESOLUTION 5292 — SKATEBOARD PARK STEERING COMMITTEE Resolution 5292 establishes a skateboard park advisory committee to advise the Council on possible solutions and direction for the skateboard facility at woodland Park. Saverud moved Resolution 5292, a resolution to establish a Skateboard Park Advisory Committee. The motion was seconded. Patrick gave a staff report and answered questions. There was no further discussion.. The notion carried unanimously upon roll call vote with Atkinson absent. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS JNo Action Larson requested specific information relating to the mailings that were sent on the Parks Maintenance District. Patrick announced that he received word today that FEMA has awarded $915,000 for a Flathead County 911 center CAD system.. The meeting was adjourned at 9:50 p.m. ATTEST: Theresa white City Clerk Pamela B . Kennedy Mayor Kalispell City Council Minutes August 4, 2008 Page 8 rage i of 1 Theresa White From: Clarice Gates [gardengate799hotmail.com] Sent: Wednesday, July 1 B, 2008 10:52 PM To: Bob Hafferman; City Clerk; Duane Larson; Hank Olson; James Patrick; Jim Atkinson; Kari Gabriel; Pam Kennedy; Fundy Kenyon; Tim Kluesnerl; Unknown Siberude Subject: Public Hearing on August 4th on creating Park Maintenance Districts Dear Tressa: I am submitting this email letter for comment for your public hearing on Aug 4th., 2008. on creating Park Maintenance Districts. Because of my husband's health I am unable to attend. I am Clarice Gates, I live at 426 7th. Ave vilest, Kalispell, MT. The reasons I am againtst forming the Park Mainenance Districts is: First, the figures given on how much money would be needed and ghat the fees would be charged seem to change, and adding a higher charge to fund problems at the Skateboard Park only makes more costs for residents of Kalispell and businesses. According to one report a house on on a 7,000 square foot lot would pay $38.00 per year. Businesses cost would be capped around $500. per year. The fact that the fee can and would be increased each year, or when ever Kalispell needs more money. Now, the fee may be increased before it is even put into force, see Skateboard improvements above. Other fees have been added to cover costs, such as garbage pickup fee to cover cost of gas. Residents and businesses will be paying for Flathead County Emergency Dispatch Center in the near future, too. Add all the new costs in fees to the city residents and businesses, it is just too high for many residents to be able to pay for these fees and still be able to pay for the higher cost of gas, food and heating and cooling their homes. Many businesses are loosing sales due to residents cutting back on purchases. Businesses don't need more expenses caused by the Park Maintenance District. The letters which are going out to all city residents should have a place to vote yes or no for the Park Maintenance Districts and be sent in time to be presented at the Public Hearing on Aug 4th.,2008 or in time to be mailed back to City council for the Public Hearing on Aug 4th, 2008. Sincerely yours, Clarice Gates 7/21 /200 8