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1. Council Minutes - Regular Meeting - February 5, 2007A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, FEBRUARY 5, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, TIM KLUESNER, DUANE LARSON AND HAND OLSON WERE PRESENT. Also present: Acting City Manager Roger Nasset, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Fire Chief Randy Brodehl, Firefighter/Paramedics Joshua Pipolo and Daniel Wagner, Community Development Director David Foster, Planning Director Tom Jentz, Senior Planner Sean Conrad, Planner R 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 emotion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Re ular Meeting — anuary 16 2007 2. Pled ed Securities as of December 31 2006 3. CTEP A regiment - Woodland Connector Path The Montana Department of Transportation Community Transportation Enhancement Program has approved the City's application for the Woodland Connector Path project. The agreement requires a 13.42% match from the City. 4. Certificates of Appreciation — Firefi hter Paramedics Joshua Pipolo and Daniel Wa ner Neal Miller thanked Pipolo and Wagner for saving his daughter Laurie's life following a vehicle accident on December 14 and presented them with plaques. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes Feb 51) 2007 P age 1 C. STUDENT ISSUES None. D. PUBLIC COMMENT Olaf Ervin, MT Mapping Associates, spoke in favor of the Blue Skies subdivision and the Resubdivision of Minor Plat 1.17, adding he is available to answer questions. Jack Fallon, 629 Shadow Lane, submitted a letter regarding the Kalispell Center Mall loan and asked Council to reconsider their passage of Resolution 51.66 on December 14. Janet Cahill, Violence Free Crisis Line Director, thanked the Council for supporting their efforts to get a new shelter and transitional housing. E. PUBLIC HEARING- — BUDGET AMENDMENT Comments were requested concerning the distribution of tax increment monies due to the recent settlement with Red Lion. Mayor Kennedy opened the public hearing. Proponents None. 0 onents Jack Fallon, 629 Shadow Lane, stated he is not for the settlement that created the budget amendment. He said the amount of money being distributed could be doubled if Resolution 5166 was reconsidered and the mall repayment schedule enforced. Fallon commented that no one is truly benefiting because the improvements to the mall are not on the tax rolls yet. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/L RESOLUTION 5173 — BUDGET AMENDMENT This resolution amends the budget to allow the distribution of tax increment loan monies from the Downtown Tax Increment District Kenyon moved Resolution 5173, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2006-2007 budget adopted by the City Council. The motion was seconded. Kalispell City Council Minutes Feb 5, 21007 Page 2 Robertson gave a staff report and answered questions Hafferman and Olson questioned whether the resolution Fallon is referring to should be revisited and asked Harball for his opinion. Harball explained that very few improvements have been made to that property since the mall was built. He said the City wanted to prevent the mall from going dark and wanted the owners to make an investment in the area. one of the incentives, Harball stated, was to agree that Council would consider the loan satisfied if substantial expenditures were made. He said the owners have provided receipts for approximately six million dollars in improvements and he feels Council's action determining the loan to be satisfied was appropriate. The motion carried upon roil call vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Kluesner, Larson, and Mayor Kennedy voting in favor, and Olson voting against. FI2. RESOLUTION 5174 REFINANCING -- WELLS FARGO BANK BUILDING PURCHASE This resolution authorizes the City Manager to enter into a fixed rate financing agreement for the term of 10 years to refinance the original Board of Investments variable rate loan for the purchase of the wells Fargo Building. Gabriel moved Resolution 5174, a resolution to refinance the purchase of the wells Fargo (new City Half property through a Municipal Project Lease and Option Agreement with the Municipal Services Group, Inc. The motion was seconded. Robertson gave a staff report and answered questions. Gabriel thanked Olson for asking staff to pursue the issue which resulted in the City getting a better interest rate. The motion carried unanimously upon roll call vote. F/3. PRESENTATION —ANNEXATION, ZONING AND PRELIMINARY PLAT JAMES & PEGGY MATHIASON The Mathiason's have requested annexation, zoning, and preliminary plat approval of approximately two acres located on Valley View Drive. Conrad outlined the proposal and answered questions. F/4. RESOLUTION 5175 —ANNEXATION — .TAMES & PEGGY MATHIASON The property proposed for annexation is located on the east side of Valley View Drive approximately 1,000 feet south of the intersection of Valley View Drive and Foys Lake Road. Kalispell City Council Minutes Feb 5, 2007 Page 3 Larson moved Resolution 5175, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described as Parcels A & B of Certificate of Survey No. 14634 and as more particularly described in Exhibit "A" in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Blue Skies Addition No. 3880 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. F/5. ORDINANCE 1598 —INITIAL ZONING — JAMES & PEGGY MATHIASON —1ST READING The Mathiason's are requesting a zoning designation of R-3, Urban Single Family Residential, on the property mentioned above. Gabriel moved first reading of ordinance 1598, an ordinance to amend section 27.02,010, Official Zoning Map, City of Kalispell Zoning ordinance, (Ordinance No. 1460), by zoning certain real property described as Parcels A & B of Certificate of Survey No. 14634 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-3 (Urban Single 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. F16. RESOLUTION 5176 — PRELIMINARY PLAT — BLUE SINES SUBDIVISION - JAMES_ & PEGGY MATHIASGN The Mathiason's are also requesting preliminary plat approval to create a six -lot subdivision for the property mentioned above. Gabriel moved Resolution 5176, a resolution conditionally approving the preliminary plat of Blue Skies Subdivision, more particularly described as Parcels A & B of Certificate of Survey No. 14634 in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. There was discussion regarding the easement and turnaround. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes Feb S, 2007 Page 4 F17. ORDINANCE 1599 -- PLANNED UNIT DEVELOPMENT OVERLAY -- RESUBDIVISION OF LOT 1 OF MINOR SUBDIVISION PLAT NUMBER 117 —1 ST READING The property proposed for the PUD overlay consists of approximately four acres along Denver Avenue. Larson moved first reading of ordinance 1599, 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 the Resubdivision of Lot 1 of Minor Subdivision Plat Number 117, and the adjacent street Denver Avenue, located in the Northwest quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, currently zoned City R-3 (Urban Single Family Residential) and adding 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. There was discussion concerning the various lot sizes and the configuration of the sidewalk. The motion carried unanimously upon roll call vote. FIS. RESOLUTION 5177 — PRELIMINARY PLAT -- RESUBDIVISION OF LOT 1 OF MINOR SUBDIVISION PLAT NUMBER 117 This is a request for preliminary plat approval of the above mentioned property to include seven lots on both the east and west sides of Denver Avenue. Gabriel moved Resolution 5177, a resolution conditionally approving the preliminary plat of the Resubdivision of Lot 1 of Minor Subdivision Plat Number 117 in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. F19. RESOLUTION 5175 -- RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — STORMWATER REGULATIONS The City is required to comply with Federal and State stormwater permitting requirements. A public hearing would be scheduled for February 20 for the public to comment on the new regulations. Larson moved Resolution 5178, a resolution of intent to enact an ordinance to regulate certain land use activities that have impacts upon stormwater quality pursuant to Federal and State legal requirements, setting a public hearing and directing the City Clerk to provide notice thereof. The motion was seconded. Kalispell City Council Minutes Feb 5, 2007 Page 5 Harball gave a staff report and answered questions. Hafferman commented it will be interesting to see if people comment on the regulations. There was no further discussion. The motion carried unanimously upon roll call vote. Fllo. RESOLUTION 5179 — GOODWILL POLICY -- SEWER & WATER This resolution establishes a goodwill policy to address the issue of losses to City utility customers due to problems with the City's main lines. Gabriel moved Resolution 5179, a resolution to adopt a utility Goodwill Policy for the City of Kalispell to provide financial assistance for those City residents who experience damage to their homes as a result of a blockage in the city sewer main or a break in the City water line through no negligence of the City or the damaged resident. The motion was seconded. Hansz gave a staff report and answered questions. Mayor Kennedy asked if citizens will have the right to appeal the committee's decision. Harball explained that citizens can always bring issues before the Council. Olson commented that the City of Shelby ran an educational campaign after they established a goodwill policy and the Mayor feels it has reduced the number of claims. The motion carried unanimously upon roll call vote. F111. RESOLUTION 5180 — PRINCIPLES FOR CIVIL DIALOGUE This resolution adopts Principles for Civil Dialogue developed by Flathead on the Move, an organization made up of Flathead community leaders. Flathead County passed a similar resolution on January 23. Larson moved Resolution 5180, a resolution to adopt a set of principles for civil dialogue for the purpose to encourage and promote public participation in the function of City government. The motion was seconded. Mayor Kennedy gave a report. Hafferman stated the Constitution provides the right of participation. He said the Council may be stifling public participation by adopting the "goals" of one group. Kalispell City Council Minutes Feb S, 2007 Page 6 Kluesner agreed, adding its just common sense. He said he feels this is legislating civil dialogue and it is not needed at this time. Larson asked the Council to look at this as a promoter of good, positive attitudes. Herron agreed with Hafferman and Kluesner. He commented this is just another example of political correctness and can actually stifle a minority opinion. Herron said the Council does not need a third party telling members how to behave. Atkinson noted that several Council members seem to be having a problem with the third party, but he Flathead on the Move is a group of community members simply asking for a polite culture. Olson stated he feels this is a just a warm and fuzzy document, but if it would help he would like to make a motion removing the third party. Olson moved to remove the third "WHEREAS", and the words "Flathead on the Move" wherever they appear. The motion was seconded. Hafferman stated there is still no need for this type of "Orwell tan" document and it's just a case of the government trying to initiate a "group think". Larson said this is a community effort by a wide representation of the community and it is a reminder that we should address each other respectfully. The motion to amend carried upon vote with Herron, Kenyon, Olson, Larson, and Mayor Kennedy voting in favor, Atkinson, Gabriel, and Kluesner voting against, and Hafferman abstaining. Olson moved to table the resolution to the first meeting in March to allow for further discussion. The motion was seconded. The motion to table failed with Herron and Olson voting in favor, Atkinson, Gabriel, Kenyon, Kluesner, Larson, and Mayor Kennedy voting against, and Hafferman abstaining. The main motion, as amended one time, carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, and Mayor Kennedy voting in favor, and Hafferman, Herron, Kluesner, and Olson voting against. G. MAYORICOUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy introduced Dave Foster, the new Community Development Director and welcomed him to Kalispell. Olson asked that a work session be scheduled to address affordable housing. Kalispell City Council Minutes Feb 5, 2007 Page 7 Kluesner asked that the Kalispell Center Mall loan issue be revisited in light of the information received tonight. Nasset announced an arrest was made in last night's shooting. H. ADJOURN The meeting was adjourned at 9:03 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes Feb S, 2007 Page 8