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1. Council Minutes - Regular Meeting - February 4, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, FEBRUARY 4, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, TIM KLUESNER, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBER KARI GABRIEL WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Public Works Director Jim Hansz, Police Chief Roger Nasset, Parks Director Mike Baker, Economic and Community Development Director Kellie Danielson, Planning Department Director Tom Jentz, Planner lI PJ Sorenson, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. She also welcomed local Boy Scout Troop 1901. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting January 22, 2008 Kenyon moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT George Culpepper Jr., 55 Stratford Drive, Government Affairs Director for the Northwest Montana Board of Realtors, introduced himself and asked that the proposed transportation plan be sent back to the Planning Board. He cited a number of issues that need to be addressed prior to Council consideration including how will the plan reconfigure traffic flow, impact Eagle Transit, impact the City Airport, impact the road maintenance budget, and how will the noise abatement be standardized between the County and the City. Kalispell City Council %tintes February 4, 2008 Page I Mayre Flowers, Citizens for a Better Flathead, referring to Resolution 5262, encouraged the Council to look at the Jobs First website and the standards for tax incentives for businesses. She stated Citizens is concerned that the resolution is too general in nature and suggested more options be explored. In reference to the second readings involving Glacier Town Center, Flowers noted that at the last meeting Citizens presented new information regarding the development, adding that according to State law the Council must consider the new information and ask the Planning Board to revisit the issue. She distributed several handouts and asked that language regarding roundabouts and other traffic mitigation measures be inserted into the Glacier Town Center PUT). E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. ORDINANCE 1629 — INITIAL ZONING — GLACIER TOWN CENTER — 2ND READING Wolford Development has requested four initial zoning districts on approximately 485 acres located north of West Reserve Drive between Highway 93 North and Whitefish Stage Road. The zoning designations are R-3 (Urban Single Family Residential), R-4 (Two Family Residential), B-1 (Neighborhood Buffer District), and B-3 (CommunityBusiness). Ordinance 1629 passed a six -to -one vote on January 22. Larson moved second reading of Ordinance 1629, 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 in Exhibit "A" attached hereto located in portions of Sections 19 and 30 of Township 29 North, Range 21 West, Flathead County, Montana (previously zoned B-2, County General Business, County SAG-10, Suburban Agricultural, County SAG-5, Suburban Agricultural and County R-1, Suburban Residential) to City R-3, Urban Single Family Residential, City R-4, Two Family Residential, City B-1 Neighborhood Buffer District and City B-3, Community Business in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kenyon asked Harball if he could comment on Flowers' submittals and her comment that new evidence has to be considered. Harball said he has not seen the handouts, however, it is the Council's decision whether members feel the evidence would change their minds and merit returning the issue to the Planning Board. Hafferman stated that he listens when people speak to see if they present new evidence. He said he has not heard or seen any new evidence that would change his mind. Larson commented he has read every page of information presented and his opinion has not changed. He said this could go on forever with new information constantly being submitted and he feels there has not been any new credible evidence presented. The motion carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Kenyon voting against, and Gabriel absent. Kalispell City Council Minutes Febiuwy 4, 2008 Page 2 E/2. ORDINANCE 1630 — PLANNED UNIT DEVELOPMENT OVERLAY — GLACIER TOWN CENTER — 2ND READING Wolford Development has requested a commercial PUD with the underlying zoning district of B-3, and a mixed residential/commercial PUD with the underlying zoning districts of 13-1, R-3, and R-4. Ordinance 1630 passed on a six -to -one vote January 22 with four amendments. Saverud moved second reading of Ordinance 1630, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by creating two Planned Unit Development Overlay zones over certain real property more particularly described in Exhibit "A" attached hereto and located in portions of Sections 19 and 30 of Township 29 North, Range 21 West, Flathead County, Montana zoned with City R-3, Urban Single Family Residential, City R-4, Two Family Residential, City B-1 Neighborhood Buffer District and City B-3, Community Business in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. When questioned about one of the handouts from Citizens concerning outdoor sales, Jentz responded that condition is from the Covenants, Conditions, and Restrictions imposed by the developer to maintain their own standards. Harball added the developers' CC&Rs cannot be any less restrictive than what is stated in the PUD; they can be more restrictive, but not less restrictive. Kenyon moved to amend Condition #18 of the PUD by adding, "The developer shall work with the Montana Department of Transportation to consider a range of transportation mitigations including roundabouts in the design of approach permits and to mitigate traffic impacts in the area." The motion was seconded. There was no discussion. The motion carried upon vote with Atkinson, Kenyon, Larson, Olson, and Saverud voting in favor, Hafferman, Kluesner, and Mayor Kennedy voting against, and Gabriel absent. Atkinson asked questions concerning the roadway connections. The main motion carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Kenyon voting against, and Gabriel absent. E/3. ORDINANCE 1631— ZONE CHANGE — SANDRA ADERHOLT —1ST READING This is a request for a zone change from R-3 (Urban Single Family Residential) to R-5 (Residential/ Professional Office) for two lots that encompass approximately 32 thousand square feet along Meridian Road. Kalispell City Council Minutes Fcbruary 4, 200S Page 3 Larson moved first reading of Ordinance 1631, 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 2 and 3 of the Adams Addition located in Section 12, Township 28 North, Range 22 West, Flathead County, Montana (previously zoned City R-3, Urban Single Family Residential) to City R-5 (Residential/ Professional Office) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. 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 Gabriel absent. E/4. ORDINANCE 1632 — ZONING TEXT AMENDMENT —1ST READING Ordinance 1632 amends the Off -Street Parking and Loading Area Design Standards of the Kalispell Zoning Ordinance. Kenyon moved first reading of Ordinance 1632, an ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1460), by amending Sections 27.26, Off -Street Parking Design Standards, and 27.27, Off -Street Loading Design Standards, 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. He requested that an amendment be made to Section 27.26.050 by reducing the number of code compliant accesses into a basement from two to one as one of the criteria for the purposes of defining when a basement area is subject to the parking regulations. Larson moved to amend Section 27.26.050, Minimum Standards by Use (b), to read, "there is at least one (1) code compliant access". The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. There was discussion about parking at the new City Hall. The main motion, as amended, carried unanimously upon roll call vote with Gabriel absent. F15. RESOLUTION 5260 — CONSTRUCTION AGREEMENT — MERIDIAN ROAD This resolution approves a construction agreement with the State of Montana to complete pavement reconstruction project on Meridian Road between 7th Street West and US Highway 2. Kalispell City Council Minutes Fcbruu , 4, 2008 Page 4 Kenyon moved Resolution 5260, a resolution authorizing the Mayor of Kalispell to execute the construction agreement of Federal Aid Project No. UPP 6713(2) 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. Mayor Kennedy noted the project is near Peterson School and the Willow Creek Subdivision. She asked staff to request that the work be completed prior to school starting in August, and whether construction could be coordinated with the Willow Creek developers on the Meridian intersection reconstruction. There was discussion concerning right-of-way issues and how projects get selected. The motion carried unanimously upon roll call vote with Gabriel absent. E/6. RESOLUTION 5261— CONSTRUCTION AGREEMENT — US HIGHWAY 93 This resolution approves a construction agreement with the State of Montana to complete a pavement reconstruction project on US Highway 93 from Grandview Drive, north to Ponderosa Lane. Kenyon moved Resolution 5261, a resolution authorizing the Mayor of Kalispell to execute the construction agreement of Federal Aid Project No. NH5-3(98)115 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. Kluesner stated he feels this money would be better spent on the bypass because Highway 93 is still in good shape and he will vote no in order to protest the waste of money. The motion carried upon roll call vote with Atkinson, Hafferman, Kenyon, Larson, Olson, Saverud and Mayor Kennedy voting in favor, Kluesner voting against, and Gabriel absent. E/7. RESOLUTION 5262 — BUSINESS INCENTIVE GUIDELINES Resolution 5262 defines the eligibility requirements for businesses to receive financial incentives. Saverud moved Resolution 5262, a resolution to establish guidelines to define the eligibility of new and expanding businesses to which the City of Kalispell may offer potential financial incentives and to identify the types of financial incentives that may be offered by the City. The motion was seconded. Patrick gave a staff report and answered questions. Hafferman stated this is a poor time for this to come forward. We have a major problem with housing which is putting a strain on charitable organizations because people can't make ends meet Kalispell City Council Minutes February 4, 2(X)8 Page 5 with the wages being paid here. He said the requirement to pay at least an average wage of $30,000 is meaningless because the supervisors can make a lot more than the workers and the average wage can still be $30,000. In addition, Hafferman said Section 111(b) provides participation through the City with the Montana Board of Investments programs which "puts the taxpayers on the hook if this project tanks". He concluded by stating he would be in favor of giving new or expanding businesses a five year tax break, but he is opposed to handouts. Atkinson commented we are looking for stable companies that can provide health insurance and a livable wage. He said this document sets up guidelines that will encourage good businesses to locate here and provide economic development. Atkinson asked Patrick to respond to Hafferman's statement that this program would place taxpayers "on the hook". Patrick stated that working with the Montana Board of Investments places the City at very little risk. Mayor Kennedy emphasized that these are just guidelines; tools that we have already been using. She agreed with Hafferman, however, concerning the "average wage" and asked if there is a way to change the language to specify a minimum full-time hourly wage. Danielson noted the $30,000 is the average County wage which equates to $14.43 per hour. She said if the Council desires, it could establish aminimum wage. For example, most communities establish a minimum of $9.00 to $10.00 per hour even though the average wage is a little bit higher. Danielson stated clerical positions in the Flathead Valley pay an average of $20,000 to $24,000. Larson said the City should be able to set some conditions if we are setting guidelines. He said he would like to see a minimum of $30,004 for full time employees and $14.43 per hour for part time employees. Mayor Kennedy suggested the resolution should state, "a majority of employees make a minimum of $11.00 per hour". Olson commented that we should not be telling these businesses how much they need to pay their employees. He said the companies have a battle plan when they come to town and we should give these guidelines a chance to work before making any changes. Kenyon said instead of noting a certain amount he feels requiring a "living wage" would be adequate. Danielson responded that a specific number helps businesses know what we are talking about and what we are marketing. Kenyon retorted that he can agree with almost anything except an "average" wage. Hafferman reemphasized this is the wrong time to be giving incentives to anyone because it is "bad news" when we don't have a method for providing housing. Saverud said he thinks setting a minimum wage sounds great, but it's full of pitfalls. He said there Kalispell City Council Minutes February 4, 2008 Page 6 has to be entry level areas and businesses have to have the ability to bring people in and train them without having to pay top dollar. There was discussion as to how to word the wage requirement. Kluesner said he feels the City should be looking for Class A companies and he doesn't care if they have to pay a high average because that's the kind of company he would like to see. Kluesner moved Section 1(e) be amended to read, "pay at least the current County wage not to include any benefits such as health insurance, 401k, etc". The motion was seconded. Mayor Kennedy said she feels the motion is very confusing. Larson said the motion would require every employee be paid the County wage which is currently $30,004, The amendment failed upon vote with Kluesner voting in favor, Atkinson, Hafferman, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting against, and Gabriel absent. Atkinson moved Section 1(e) be amended to read, "pay at least the average wage of $30,004 or the average wage for Flathead County as determined by the Montana Department of Commerce". The motion was seconded. Hafferman stated the word "average" is still a problem. Kluesner said he would like to "challenge us and change it to say, pay at least a minimum wage of $30,000". The amendment carried upon vote with Atkinson, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman, Kenyon, and Kluesner voting against, and Gabriel absent. There was no further discussion. The main motion, as amended, carried upon roll call vote with Atkinson, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman and Kenyon voting against, and Gabriel absent. F/8. RESOLUTION 5263 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — TRANSPORTATION PLAN Resolution 5263 is a resolution of intent to adopt the Kalispell Area Transportation Plan 2006 Update and sets a public hearing for February 19. Kenyon moved Resolution 5263, a resolution of intent to consider adoption of the Kalispell Area Transportation Plan 2006 update to serve as a guiding policy for transportation Kalispell City Council Minutes Febmary 4, 2008 Page 7 purposes, setting a public hearing and directing the City Clerk to provide notice therefore. The motion was seconded. Patrick gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel absent. E/9. RESOLUTION 5264 — RESOLUTION OF INTENT AND CALL FOR PUBLIC DARING — SUBDIVISION REGULATIONS Resolution 5264 is a resolution of intent to amend the Kalispell Subdivision Regulations and sets a public hearing for February 19. Atkinson moved Resolution 5264, a resolution of intent to amend the City of Kalispell Subdivision Regulations codified at Chapter 28 of the Kalispell Municipal Code and calling for a public hearing and directing the City Clerk to provide notice therefore. The motion was seconded. Patrick gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel absent. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy reminded the public the Neighbors in Need luncheon is Friday starting at 11:00 a.m. at the Eagles. Olson asked for a work session on noise. Patrick stated the February 19th agenda will also include public hearings for the Stormwater Regulations and the Flathead High School alley abandonment. G. ADJOURN The meeting was adjourned at 9:31 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes February 4, 2008 Page 3