1. Council Minutes - Regular Meeting - November 17, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, NOVEMBER 17, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KART 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, Assistant Fire Chief/Prevention DC Haas, Public Works
Director Jim Hansz, Finance Director Amy Robertson, Municipal Court Judge Heidi Ulbricht,
Human Resources Director Terry Mitton, Economic and Community Development Director Kellie
Danielson, Planning Director Tom Jentz, Senior Planner Sean Conrad, and Recording Secretary Judi
Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPRO VAL
Larson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
Council Minutes — Regular Meeting; — November 3, 2008
2. Ordinance 1649 — Amending Ordinance 1525 - Municipal Civil Court Fees and Charges
2nd Reading
This ordinance increases the Court's civil Security and Technology fee from $5.00 to $10.00.
Ordinance 1649 passed unanimously on first reading November 3.
3. Proclamation — National Hospice and Palliative Care Month
Atkinson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
C. STUDENT ISSUES
None.
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Page 1
Bill Goodman, President of the Downtown Business Improvement District, commented he is in
support of the Gardner annexation, but asked that B-5 zoning not be assigned to the property because
offices should be located downtown. He said he hopes limitations are placed on the project so that
this development will not compete with the downtown core.
Chris Easton, owner of Chris' Tea Cottage at Central School, asked that Council relax the sign
regulations regarding sandwich boards.
Sasha Klein, 1085 KM Ranch Road, Whitefish, asked Council to work on a program for curbside
recycling.
Galen Amy, 55 Rockefeller Drive, stated she was representing Sherry Stevens -Wulf, co -applicant on
the Glacier State bond, who could not attend but requested Council's support of the project. She
stated United Way will be an active partner in the project.
Mayre Flowers, Citizens for a Better Flathead, commented she had two items: she asked that the City
help with the County septage issue by accepting some of it at the Wastewater Treatment Plant; and
she questioned whether tonight's annexation was done according to the law.
Rosie Olson, 320 Two Mile Drive #207, remarked she has volunteered for the Parks Department for
years and that senior citizens are upset their programs were cut. She asked that the senior programs
be reinstated when the budget crunch is over.
Bruce Lutz, Valley Ranch design team, urged Council to support the Valley Ranch PUD overlay
stating they have worked extensively with the neighbors and feel the PUD is now a much better plan.
He asked Council to strike or reword Condition 9 requiring landscape buffering along Highway 93 in
phase 1.
Andy Hyde, Valley Ranch design team, also asked for a change to Condition 9 along with Conditions
17 and 23.
Brent Card, Valley Ranch design team, also spoke in support of the PUD overlay and asked that
Condition 17 be reconsidered.
Todd Gardner, Airport Road, spoke in support of the Gardner Investments annexation and zoning,
and asked that Council not limit their options regarding the B-5 zoning.
E. PUBLIC HEARING —GROWTH POLICY AMENDMENT —HIGHWAY 93 SOUTH/
SIDERIUS COMMONS
Council accepted comments concerning a request for an amendment to the Kalispell Growth Policy
Future Land Use map for 550 acres currently designated for commercial, industrial, and suburban
residential land uses.
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Mayor Kennedy opened the public hearing.
Proponents
Terry Richmond, Morrison-Maierle Vice President and Office Manager, stated he supports the
growth policy amendment because it would allow more affordable housing and would benefit his
employees.
Bill Goodman, President of the Downtown Business Improvement District, reiterated this would be a
good time to look at the Central Business District (B-4) zoning and modify the B-5 district to not
allow the development of an entirely new business district.
Andy Miller, Old School Station Managing Partner, remarked a lot of people are interested in
moving to Kalispell and we need affordable housing south of Kalispell.
Jerry Nix, representing the Siderius Family Limited Partnership, stated the Siderius Commons
proposal will be a self-sustaining community and the developers plan to work closely with the City
on density and buffering issues.
Mayre Flowers, Citizens for a Better Flathead, stated they are in favor of the growth policy
amendment, however, they do have concerns with the buffer entrance along the highway.
Opponents
None.
Mayor Kennedy closed the public hearing.
F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
F/1. ORDINANCE 1648 — AMENDING ORDINANCE 1240 — MUNICIPAL CRIMINAL
COURT FEES AND CHARGES — 2ND READING
This ordinance increases the Court's criminal surcharge fee and the Security and Technology fee
from $5.00 to $10.00. It also permits the Court to assess a compliance fee up to $60.00 per month on
sentences requiring court monitoring.
Saverud moved second reading of Ordinance 1648, an ordinance amending Ordinance No.
1240 and Kalispell Municipal Code 2-69-1 that establishes the Municipal Court fees and
charges for criminal matters and declaring an effective date. The motion was seconded.
Ulbricht gave a staff report and requested an amendment to the ordinance to include court costs
which were inadvertently omitted.
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Saverud moved to amend Section 1 by adding, "A twenty dollar ($20.00) court fee, in addition
to the regular fine, shall be assessed against any person who appears in the Municipal Court,
and is convicted of the charges brought against him or her. This twenty dollar ($20.00) court
fee shall not be assessed until a conviction has been reached by either the judge or jury. This
twenty dollar ($20.00) court fee is to be paid along with the regular fine, and is to cover the
court costs incurred in the action. If a defendant has previously posted a court fee for posting
bond, the defendant shall pay the difference between the amount of the bond fee and the
twenty dollar ($20.00) court fee upon receiving a guilty verdict." The motion was seconded.
The amendment carried unanimously upon vote.
There was no further discussion.
The main motion, as amended, carried unanimously upon roll call vote.
F/2. RESOLUTION 5322 — MULTI -FAMILY HOUSING REVENUE BOND
This resolution gives final approval for the bonding for the rehabilitation of 99 single -bedroom units
at Glacier Manor Apartments and Treasure State Plaza.
Atkinson moved Resolution 5322, a resolution authorizing the issuance and sale of a
Multifamily Housing Revenue Bond (Glacier State Apartments Project) Series 2008, in the
original aggregate principal amount not to exceed $5,000,000; authorizing the execution of
certain documents and directing delivery thereof, and providing for the security, rights, and
remedies of the lenders of said Multifamily Housing Revenue Bond. The motion was seconded.
Harball gave a staff report and answered questions.
Olson stressed that the taxpayers are not liable if anything goes wrong and the City is just the
administrator of the Bond.
There was no further discussion.
The motion carried unanimously upon roll call vote.
F/3. RESOLUTION 5323 — MENTAL HEALTH CENTER REVENUE NOTE
This resolution gives approval for the issuance and sale of a healthcare facilities revenue note for the
refinancing of a mental health center on Buffalo Hill.
Kenyon moved Resolution 5323, a resolution authorizing the issuance and sale of a Healthcare
Facilities Revenue Note (Western Montana Mental Health Center Project) Series 2008, in the
original aggregate principal amount not to exceed $1,600,000; authorizing the execution of
certain documents and directing delivery thereof; and providing for the security, rights, and
remedies of the holders of said Healthcare Facilities Revenue Note. The motion was seconded.
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Harball gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote.
F/4. RESOLUTION 5324 — CONSTRUCTION AGREEMENT — IMPROVEMENTS TO
TRAFFIC SIGNALS
The Montana Department of Transportation plans to complete improvements to three intersection
traffic signals on Highway 93 at Conway Drive, Sunny View Lane, and Northridge Drive to improve
left -turn movements.
Gabriel moved Resolution 5324, a resolution authorizing the Mayor of Kalispell to execute the
construction agreement of Federal Aid Project No. NH 5-2(149)60 with the State of Montana,
acting by and through the Department of Transportation. The motion was seconded.
Hansz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote.
F/5. RESOLUTION 5325 — PRELIMINARY PLAT EXTENSION — SPRING PRAIRIE
CENTER PHASE 3
This is a request for a one-year extension for Phase 3 of the preliminary plat of Spring Prairie Center
to allow the developer to work with potential partners to solidify financing for this final phase.
Larson moved Resolution 5325, a resolution approving a one year extension to the preliminary
plat of Spring Prairie Phase 3, located on the west side of Highway 93 between Reserve Loop
and West Reserve Drive. The motion was seconded.
Conrad gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote.
F/6. PRESENTATION —ANNEXATION AND ZONING WITH PUD PLACEHOLDER —
GARDNER INVESTMENTS, LLC
Conrad gave a staff report and answered questions concerning a request by Gardner Investments LLC
for annexation and zoning with a PUD placeholder for 9 tracts of land located on the east side of
Highway 93 South.
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F/7. RESOLUTION 5326 — ANNEXATION — GARDNER INVESTMENTS LLC
The annexation request totals approximately 81.59 acres of land located between the intersection of
Highway 93 and Lower Valley Road, and Highway 93 and Snowline Lane.
Kenyon moved Resolution 5326, 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
Tracts 1, 1F, 6, 6I and Lots 1 and 2 of the Mergenthaler Subdivision located in Section 28,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana; and Tract 7C and
Lots 4 and 5 of the Lost Creek Subdivision located in Section 33, 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 Gardner
Investments Addition No. 405; to zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was seconded.
Hafferman noted he does not see a Condition regarding fire hydrants and requested the letter
outlining fire requirements dated November 5 be attached to the minutes. (Letter is attached and by
this reference is made a part of the official record)
Atkinson commented this area is developing as foreseen when Old School Station went in.
There was no further discussion.
The motion carried unanimously upon roll call vote.
F/8. ORDINANCE 1650 — ZONING WITH PUD PLACEHOLDER — GARDNER
INVESTMENTS LLC —1ST READING
A zoning designation of B-5, Industrial Commercial, is being proposed for all 9 tracts of land to
accommodate a variety of business, warehouse, and light -industrial uses. The PUD placeholder
would bind the property to a future PUD application.
Kenyon moved first reading of Ordinance 1650, 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 Tracts 1, IF, 6, 6I and Lots 1 and 2 of the
Mergenthaler Subdivision located in Section 28, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana; and Tract 7C and Lots 4 and 5 of the Lost Creek Subdivision
located in Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
(previously zoned County I-1 H (Light Industrial -Highway)) to City B-5 (Industrial/
Commercial) with a Planned Unit Development placeholder in accordance with the Kalispell
Growth Policy 2020, and to provide an effective date. The motion was seconded.
Conrad answered questions regarding limiting office space in the B-5 district.
There was no further discussion.
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The motion carried unanimously upon roll call vote.
F/9. ORDINANCE 1651 — PLANNED UNIT DEVELOPMENT OVERLAY ZONING
DISTRICT — VALLEY RANCH —1ST READING
Gateway Properties, Inc. has requested a PUD overlay zoning district on an 80 acre project site
within the city limits and currently zoned R-2, Single Family Residential. The project site is located
on the east side of Highway 93 approximately 1 th miles north of the intersection of Highway 93 and
West Reserve Drive.
Kenyon moved first reading of Ordinance 1651, 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 2, Tract 3 and Tract 213C in Section
19, Township 29 North, Range 21 West, Flathead County, Montana (previously zoned City R-2
(Single Family Residential)), to City R-2 (Single Family Residential) with a Planned Unit
Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded.
Conrad gave a staff report and answered questions concerning ingress and egress.
Hafferman commented he is pleased with the new plan and agreed with the developer that they need
help from Public Works regarding Condition 17 with a plan of how sewage will be conveyed to the
treatment plant.
Kluesner moved to amend Condition 17 to read, "Upon submitting a preliminary plat
application for each phase the developer shall work with provide the Public Works
Department on witha plan of how sewage will be conveyed to the sewer treatment plant. The
plan, once reviewed and approved by both parties the Puy lie Works Departmen , would be
required to be installed prior to final plat approval." The motion was seconded.
Olson remarked this is not the City's responsibility, it is the developer's.
Hansz answered questions and suggested deleting Condition 17 altogether stating it will get sorted
out with the preliminary plat.
Kluesner withdrew his motion. The second concurred.
Kluesner moved to remove Condition 17. The motion was seconded.
The amendment carried unanimously upon vote.
Larson moved to amend Condition 23 to read, "The power, phone, natural gas and cable
television lines shall be located, to the greatest extent possible, within the alley right-of-way.
Where an alley is not adjacent to the lot the power, phone, natural gas and cable television
lines shall be located within a separate 10-foot easement outside of the road right-of-way
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easement." The motion was seconded.
Webb commented that when you add a qualifier like "to the greatest extent possible" you are
basically eliminating the requirement. He suggested leaving it the way it is and adding instead that
exception must be approved by the Public Works Department.
Larson withdrew his motion. The second concurred.
Larson moved to amend Condition 23 to read, "The power, phone, natural gas and cable
television lines shall be located within the alley right-of-way. Where an alley is not adjacent to
the lot the power, phone, natural gas and cable television lines shall be located within a
separate 10-foot easement outside of the road right-of-way easement. Exceptions to this must
be approved by the Public Works Department." The motion was seconded.
The amendment carried unanimously upon vote.
Larson moved to amend Condition 9 to read, "Parks and open space development for phase 1
shall include the 1.5 acre city park adjacent to the assisted living facility, the 0.8 acre
homeowner's park north of the 8.7 acre apartment/condominium lot and the 100 foot wide
buffer area along Highway 93." The motion was seconded.
Conrad stated this condition was included because the parks department wanted the trail along
Highway 93 built as soon as possible.
The amendment carried upon vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson,
Olson, Saverud and Mayor Kennedy voting in favor, and Kenyon voting against.
There was no further discussion.
The main motion, as amended three times, carried unanimously upon roll call vote.
F/10. RESOLUTION 5327 — EXCLUSION OF PROPERTY — BAY RIDGE ESTATES
The City Council annexed approximately 19 acres of property in January, 2008 for the Bay Ridge
Estates Subdivision. Plans to develop the property have dissolved and the owners have requested the
annexation be rescinded.
Saverud moved Resolution 5327, a resolution rescinding Resolution 5254 passed by City
Council on January 7, 2008 that provided for the alteration of the boundaries of the City of
Kalispell by including therein as an annexation certain real property, more particularly
described on Exhibit "A", located in Section 2, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana, and to declare an effective date. The motion was seconded.
Conrad gave a staff report and answered questions explaining a condition of annexation required the
property owners to provide water in the form of a storage tank. He said the water tank was not
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November 17, 2008
Page 8
erected because the consortium dissolved and the City has no way of providing services should a fire
occur on the property.
Gabriel questioned whether the property owners could not, or would not, provide the water tank.
Larson said the staff memo said the owners could not and he will support the resolution.
There was no further discussion.
The motion carried upon roll call vote with Atkinson, Hafferman, Larson, Olson, and Saverud
voting in favor, and Gabriel, Kenyon, Kluesner, and Mayor Kennedy voting against.
F/11. ORDINANCE 1652 — REMOVING PROPERTY FROM KALISPELL ZONING MAP
— BAY RIDGE ESTATES —1ST READING
In conjunction with rescinding the annexation listed above the Council also needs to amend the
zoning ordinance to remove the property from the City's zoning map.
Saverud moved first reading of Ordinance 1652, an ordinance to amend Ordinance 1627,
which amended Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1460), by removing the zoning for certain real property as described on
Exhibit "A" located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana from City R-3 (Single Family Residential) and to provide an effective date.
The motion was seconded.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Hafferman, Larson, Olson, and Saverud
voting in favor, and Gabriel, Kenyon, Kluesner, and Mayor Kennedy voting against.
F/12. RESOLUTION 5328 — MONTANA PUBLIC EMPLOYEES RETIREMENT SYSTEM
POLICY
Resolution 5328 revises the City's payment policy with respect to optional MPERS membership for
future employees.
Larson moved Resolution 5328, a resolution to revise the policy of the City of Kalispell
regarding the optional Montana Public Employees Retirement System (AVERS) elections. The
motion was seconded.
Mitton gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote.
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G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
Mayor Kennedy informed Council about a program by the State league that would offer citizens
discounts on prescription drug costs and she will provide more information.
Mayor Kennedy asked that the policing of temporary signs be put on hold temporarily and requested
a work session on the issue as soon as possible.
In response to one of the public comments, Mayor Kennedy remarked there are no funds at this time
for the City to provide curbside recycling. Olson noted curbside recycling is available through a
private company. Webb stressed that any sandwich boards need to be off of the right of way even if
we are temporarily not enforcing the ordinance.
Hafferman remarked he received a phone call regarding odor from the WWTP in the last 10 days and
Hansz explained that the odor control equipment included in the expansion is not installed yet.
Saverud thanked the Finance Department and the Interim City Manager for their proactive stance on
the budget.
Larson asked for a septage dumping work session.
H. ADJOURN
The meeting was adjourned at 9:45 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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