Loading...
1. Council Minutes - Regular Meeting December 20, 2004A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, DECEMBER 20, 2004, 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, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Community Development Director Susan Moyer, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Assistant Fire Chief/Fire Marshal Jim Stewart, Police Chief Frank Garner, Public Works Director Jim Hansz, and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon 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 December 6 2004 2. Corporate Resolution — Multi-Bank/Refco Securities LLC The City currently has investments with Multi -Bank Securities and Bear, Stearns Securities Corporation. Multi -Bank has replaced Bear, Stearns Securities with Refco Securities and Council is being asked to authorize signatures on the new Refco account. Corporate Resolution — Smith Barney Investments In order to diversify City investments, staff is requesting authorization to open an account with Smith Barney. 4. Ordinance 1518 — Initial Zoning — Ashen Creek Subdivision - 2nd Reading This is a request for an initial zoning designation ofR-2, Single Family Residential, with a Planned Unit Development overlay on the property listed above. Ordinance 1518 passed on first reading December 6th. 5. Ordinance 1519 — Initial Zoning.. —..City of Kalispell — 2nd Reading This is a request by the City of Kalispell for an initial zoning designation of R-4, Two - Family Residential, on the property listed above. Ordinance 1519 passed on first reading December 6th. 6. Ordinance 1520 — Initial Zoning — City of Kalispell — 2nd Readin This is a request by the City of Kalispell for an initial zoning designation of I-1, Light Industrial, on the property listed above. Ordinance 1520 passed on first reading December 6th, Kalispell City Council Minutes December 20, 2004 Page i 7. Ordinance 1521 ---- Initial Zoning — City of Kalispell - 2nd Reading This is a request by the City of Kalispell for an initial zoning designation of RA-1, Low Density Residential Apartment, on the property listed above. Ordinance 1521 passed on first reading December 6th. 8, Award Bid — Kalispell City..Airport Improvements --- North End Utilities Five bids were received to extend utilities through the north end of the Kalispell City Airport. Staff recommended the bid be awarded to Windy Ridge Construction of Plains, Montana for a total amount of $86,933.21. 9. Award Bid ---- Utility. and Survey Vans Three local bids were received along with the State program bid on two cargo vans to replace the water meter installer's van and the surveyor's van. Staff recommended Council accept the State fleet purchase bid submitted by Grimes Motors of Helena for a total amount of $27,796.00. Atkinson moved approval of the Consent Agenda. The motion was seconded. Hafferman moved to remove Item ##S, Award Bid, Kalispell Airport Improvements, from the Consent Agenda and place it on the main agenda as Agenda Item 48. The motion was seconded. The amendment failed upon roll call vote with Hafferman, Herron, and Peters voting in favor, and Atkinson, Gabriel, Kenyon, Larson., Olson and Mayor Kennedy voting against. Hafferman commented he will have to vote against the Consent Agenda because of his opposition to #8. He said he was "told all along" that airport improvements would be financed from the sale of property and now the proposal is to use tax increment fiends to pay for infrastructure. Hafferman added "that means the taxpayers must be assessed to pay for services because the money skimmed from the tax assessments go to the tax increment slush fund. There is no way the taxpayer will recoup this expenditure for utilities". The main motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. C. STUDENT ISSUES None. D. PUBLIC COMMENT Bill Buxton, Morrison Maierle, Inc., said he represents Mark Owens and Owl Corporation and is available to answer questions concerning Agenda Item #4, West View Estates Developer's Extension Agreement. Steven Smith, CTA Architects Engineers, expressed concern with the West View Estates proposal and how it will impact the future high school. Smith said the system development charges for a new school were estimated at $160,000 by the City of Kalispell, but if this proposal is approved, it would increase the fee to $285,000, greatly impacting the budget. Smith commented the proposal calculates the fee based on the peak instantaneous usage which works well for residences, but not for schools. Kalispell City Council Minutes December 20, 2004 Page 2 E. PUBLIC HEARING — PRELIMINARY PLAT -- CASCADE BUSINESS PARK Mayor Kennedy opened the public hearing. Proponents John Schwarz, Schwarz Architecture and Engineering, said he is available to answer questions. Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEOUENT COUNCIL ACTION F/1. RESOLUTION 4964 — PRELIMINARY PLAT — CASCADE BUSINESS PARK (AMENDED PLAT OF GATEWAY WEST ADDITION 434) This is a request for preliminary plat approval of an eight -lot commercial subdivision on approximately eleven acres located south of Two Mile Drive and west of Gateway West Mall. Larson moved Resolution 4964, a resolution conditionally approving the preliminary plat of Cascade Business Park, more particularly described as Lot 1 of the Amended Plat of Part of the Gateway West Mall Addition No. 34 located in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson gave a staff report explaining this proposal originally came before the planning board in January, 2002, and has been on hold ever since, partly because of the developer's desire to partner with the City in the reconstruction of Financial Drive. She said as part of their application, the developer requested three variances from the subdivision regulations relating to road standards: 1) allow a 40 foot right-of-way for the north 230 feet of Financial Drive; 2) allow Financial Drive to remain as it exists and add an 8 foot wide bike path on the east side of the road; and 3) not require sidewalks on the internal subdivision road. Wilson noted the planning board recommended approval of the first variance with denial of the other two. She stated Council is now being asked to approve the preliminary plat with several conditions, including a recommendation that Condition 12 ("That the encroachment of the existing building within the setback area and right-of-way on proposed Lot 1 be addressed to the satisfaction of the Kalispell Zoning Administrator") be deleted and Condition 2 be amended as follows: "That the infrastructure for the subdivision shall be designed and constructed in compliance with the City of Kalispell's Design and Construction Standards for local streets which shall include a minimum 24 foot wide paved roadway, curb, gutter, sidewalk and a landscape boulevard. Except that a variance shall be granted allowing a 40 foot right-of-way for the full length of Financial Drive with the improvements to be reviewed and approved by the Kalispell Public Works Department that include a minimum 24 foot wide paved roadway, curb, gutter and attached sidewalk on both sides of the street. Street trees are to be placed along the western side of Financial Drive within the previously required 20 foot right-of-way. Certification from an engineer licensed in the State of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly" Kalispell City Council Minutes December 20, 2004 Page 3 Hafferman said he requested at the last work session a means for authorizing a 40 foot right-of-way in the revision of the 1996 Design and Construction Standards. He said that suggestion didn't get support from a majority of the Council, therefore, a 60 foot right-of-way is required. Hafferman said it would have been nice to consider options, but the majority of the council last Monday seemed to indicate a preference for 60 feet. He said he searched the existing construction standards to see if there were any loopholes and the only thing he could find was a provision for more than 60 feet, but no less. Hafferman added that to his knowledge, the City doesn't have a 60 foot easement or right -of way through the Gateway West parking lot to US 2 and if the City doesn't have that right-of-way, the road can't be part of the grid system. He said it's his recommendation that the planning board's recommendation be followed denying approval of the two variances requested. Wilson noted even though it's not a standard per se in the City's standards for design and construction of roadways, the subdivision regulations have a provision for a variance to the right-of- way standards of 60 feet based on specific evaluation criteria. She said overall this provision has been an effective relief mechanism when special consideration is warranted. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. Ff2. RESOLUTION 4965 — CASCADE PROPERTIES DEVELOPMENT REQUEST Cascade -Properties is requesting the City participate in cost -sharing for the upgrade of Financial Drive. Larson moved Resolution 4965, a resolution to authorize the use of $42,500 of West Side Urban Renewal Tax Increment Financing Funds to contribute to the upgrade of Financial Drive to City standards. The motion was seconded. Patrick explained the $42,500 of tax increment funds will be used with the developers' funds to reconstruct Financial Drive to benefit the community at large. He said the cost sharing will encourage the developer to move ahead with approximately 59.4 million of construction on Lots 1, 3, 6 and 7 with an increase in the tax base around $20,000 per year. Patrick added the City will own the road upon completion of construction. Hafferman commented this development isn't different from any other in the City and he doesn't understand why the City wants to help some developers and not others. He added this system cannot be a grid system and the City is leading into problems by telling people we approve of them using another person's property to get from Two Mile Drive to US 2. Hafferman recommended this road remain private until the developer obtains the necessary right-of-way or easements through Gateway West Mall that conforms to City standards. Peters said he's concerned about the City's liability having this road as a thoroughfare and asked if there is anything that says we have to have this as a dedicated street. Patrick answered the intent is to take the road over as a City street. He said that area is already being used as a thoroughfare for people coming from Two Mile Drive and since the City already owns part of the Gateway West Mall, it only makes sense to have this as a public right-of-way. Peters reiterated that his main concern is the City's liability. Kalispell City Council Minutes December 20, 2004 Page 4 Harball noted all of the City's streets access private property and doesn't see any reason for concern. Peters said maybe liability isn't the right word, however, he wants the City to address the road from a design standard to make sure it's a primary access to Cascade and only a secondary access to the inall. Patrick assured the Council they would look at traffic calming measures. Atkinson said if American Capital doesn't want people using the road as a defacto bypass, then it would be up to them to take measures preventing that. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. F/3. RESOLUTION 4966 - AUTHORIZING ENGINEERING STUDY - WHITEFISH STAGE SEWER SERVICE This resolution authorizes a preliminary engineering study to develop Kalispell's municipal sewer system north of Reserve on Whitefish Stage. Atkinson moved Resolution 4966, a resolution to authorize the expenditure of funds, estimated to be under S44,000, to conduct a preliminary engineering study to determine the feasibility and costs of providing municipal sewer services to that area north of Reserve Drive along the Whitefish Stage Road and vicinity. The motion was seconded. Patrick explained this study doesn't obligate the City in any way, but it does provide preliminary cost data and some design engineering. Peters stated he's been an advocate all along for extending the sewer system to that area, however, he stated he's a little hesitant about moving ahead until the City is sure it "has partners to do this with". Patrick said he has had some preliminary conversations with developers, but he's reluctant to get too deeply involved until the Council indicates it's an action they want to take. Mayor Kennedy said the engineering study will provide cost estimates for construction which any potential partners will want to know prior to making a decision. She said she sees this as a first step to allow the City to move forward and offer developers precise information. Hafferman commented with several licensed engineers on staff, this should be a "slam dunk" without having to spend too much time. He said he anticipated eight to sixteen man hours to analyze the proposed lot usage with densities in accordance with their existing zoning standards together with our income from hook-up and user fees versus outgo of operation, maintenance and replacement. Hafferman said the last thing the City needs is "another study brokered by the Public Works ... this should be in house". He added other reasons he opposes this resolution is because the City doesn't have a budget item for this study and because it's back boning, which uses taxpayers' money to finance development. Peters said he has heard several concerns in connection with the expansion of the treatment plant and whether it's in the best interest of the City, and even though this isn't the best time for a discussion on that issue, he would like some assurances that the City is going in the right direction; and that the Kalispell City Council Minutes December 20, 2004 Page 5 City will use a different engineering finn for this study than the one that's designing the treatment plant expansion. Peters asked what the City is spending $44,000 on that we don't have right now that would give some sense of cost analysis in order to find a partner. Hansz noted that in Jane, the Public Works Department prepared and presented a fairly lengthy document to Council outlining the range of costs and the feasibility of moving ahead with this plan. He said at that time the Council indicated it wanted additional information and the preliminary engineering report is the next step, which is basically the preliminary design of the facility you want to construct. Hansz commented the Council needs a good basis of information that accurately defines the system and defines the costs prior to meeting with potential partners. He said the City has a little over six thousand water connections right now with the proposed Two Rivers project adding four to six thousand houses, or their equivalent. Hansz added if the Glacier Mall then decides to hook onto the system, then that's going to impose an additional load on the system. He said knowing the size of those potential developments and the influence they will have on the community, we're looking at impacts that didn't even exist in theory three years ago when we were doing the Facilities Plan. Hansz said this preliminary work will enable the Council to make the decision whether to move forward and turn the preliminary report into a final plan set with contract documents. Peters said he feels the Council, if it approves this expenditure, is changing the way we're going to do business and we're going to spend the :money to run that utility. Mayor Kennedy disagreed, stating this is simply a decision on whether to spend the $44,000 and then the Council would have to address the continuation after that. Olson stated it's a step the City has to make and agreed it has nothing to do with whether the City will run that line out. He added that anyone considering being a partner has to have this information. Haffernnan restated the City doesn't have a budget item for this study and he has a hard time increasing the budget $44,000. Patrick said even though the study isn't specifically mentioned in the budget, the money is available. The .motion carried upon roll call vote with Atkinson, Gabriel, Herron., Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman and Peters voting against. F/4. RESOLUTION 4967 —WEST VIEW DEVELOPER'S EXTENSION AGREEMENT Resolution 4967 authorizes a Developer's Extension Agreement between the City and Owl Corporation for West View Estates. Atkinson moved Resolution 4967, a resolution to authorize the City Manager to enter into a Developer's Extension Agreement on behalf of the City with Owl Corporation for the extension of municipal sewer services to the West View Estates Subdivision. The motion was seconded. Hansz asked that an amendment be made to the resolution including "water" services as well as sewer services. Atkinson accepted a friendly amendment to include "water" in all places referencing sewer service. The second concurred. Kalispell City Council Minutes December 20, 2004 Page 6 There was no objection. Hansz explained that several months ago the Council revised the extension of services policy to provide an alternate formula for determining costs eligible for reimbursement to developers in order to stimulate the extension of utilities without significant investment of City funds. He said Owl Corporation has been the first to express interest in the new method and staff has been working with Owl Corporation and the engineers for several months to develop a satisfactory agreement to extend utilities to West View Estates through Section 36 where they presently terminate for the Lowe's development. Hansz said Owl Corporation would be investing in water and sewer facilities that exceed requirements of the West View subdivision and in return, the City would reimburse Owl Corporation by recovering those extension costs from future developments. Mayor Kennedy asked for a response to comments that the recovery costs will adversely impact the new high school. Herron noted that without this agreement, the high school would be responsible for running a utility line to their facility. He said that expense would probably be higher than hooking onto the line provided by Owl Corporation and paying reimbursement costs. Hansz agreed, stating the school district is only being asked to pay for what they would have to pay for anyway, and in his opinion, they will be getting the services for less. Atkinson commented this is a win -win situation for the developer and the City, and he thinks this is one of the more exciting situations he's seen for a long time. Hafferman congratulated Hansz and the Public Works Department for working within existing rules and regulations to come up with a better, and fairer method, for developers to extend services than the City had before. He also congratulated Patrick for expediting this issue. The motion carried unanimously upon roll call vote. F/5. RESOLUTION 4968 —RESOLUTION AUTHORIZING PARTICIPATION IN THE INTERCAP REVOLVING PROGRAM This resolution authorizes participation in the Board of Investments Loan Program to finance the purchase of equipment for the Parks Department and the construction of a pavilion/restroom facility in Woodland Park. Kenyon moved Resolution 4968, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents thereto. The motion was seconded. Patrick gave a staff report. Peters asked if the items were listed in the budget. Baker answered all three items were included in the budget. Kalispell City Council Minutes December 20, 2004 Page 7 Hafferman commented he couldn't locate the items in the current budget and he didn't see anything that said the City was "going to a credit card for these purchases". Baker responded the items are specifically listed in the Parks budget under Capital Equipment and Improvements. He said it was mentioned during the budget meetings that several loans were in the process of being paid off and these expenditures would follow the same loan process. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. F/6. RESOLUTION 4969 — TAX BENEFIT PLAN FOR CITY EMPLOYEES This resolution amends the City's Flexible Benefit Plan to include a Dependent Care Assistance Program and Health Care Reimbursement Plan effective January 1, 2005. Kenyon moved Resolution 4969, a resolution by the City of Kalispell amending the agent for the City's Flexible Benefits Plan. The motion was seconded. Patrick gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote. F/7. ORDINANCE 1522 —ADOPTING INTERNATIONAL FIRE CODE —1ST READING Staff is requesting the Council adopt the International Fire Code, 2003 Edition. Larson moved first reading of Ordinance 1522, an ordinance to amend Ordinance 1359 adopting, by reference, the "International Fire Code" and the Appendices, 2003 Edition (IFC), with the additions, amendments, and deletions enumerated as follows on Exhibit "A", as the Fire Codes of the City of Kalispell, and applicable within the corporate boundaries of the City, to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. Stewart gave a staff report and answered questions. The motion carried unanimously upon roll call vote. H. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy wished everyone happy holidays and invited the public to ring in the New Year by attending First Night Flathead. Patrick also wished everyone a Merry Christmas and a Happy New Year and announced City Hall will be closed December 24th and December 31 st. Hafferman wished the citizens of Kalispell and the surrounding community a traditional Merry Christmas. Kalispell City Council Minutes December 20, 2004 Page 8 1. ADJOURN The meeting was adjourned at 8:38 p.m. ATTEST: Theresa White City Clem Pamela B. Kennedy Mayor Kalispell City Council Minutes December 20, 2004 Page 9