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1. Council Minutes - Regular Meeting June 20, 2005A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JUNE 20, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS BOB HAFFER.MAN. BOB HERRON, RANDY KENYON, DUANE LARSON. HANK OLSON, AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER KARI GABRIEL ARRIVED AT 7:30 P.M. COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Building Official Craig Kerzman, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Police Chief Frank Garner, 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. Larson moved to amend the Agenda by adding a proclamation for Military Appreciation Week to the Consent Agenda. The motion was seconded. There was no discussion. The amendment carried unanimously upon vote with Atkinson and Gabriel absent. The main motion as amended carried unanimously upon vote with Atkinson and Gabriel a Rh7-t. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting June 6, 2005 2. Award Bid — City Airport North End Surfacing Improvements Two bids were received for surfacing improvements at the northwest end of the City Airport. Staff is recommending the bid be awarded to Schellinger Construction in the amount of 1,199,612.85. 3. Approve Amendment #1 -- WWTP Desi n Task Order Council is being asked to move the comprehensive analysis of odor control to the initial design phase of the Wastewater Treatment Plant expansion. 4. Approve Agreement -- Impact Fee Study Council is being asked to authorize the City Manager to execute an agreement with HDR/EES to develop a comprehensive impact fee system. 5. Authorize City Participation in Construction of Utility Facilities on Three Mile Drive Council is being asked for authorization for the City to participate in the cost of a lift station on Three Mile Drive to allow for additional growth. Kalispell City Council Minutes June 20, 2005 Page ] 6. Authorize Negotiations — Wells Fargo Building Wells Fargo Bank is in the process of relocating its downtown facility and has offered to sell the building to the City. The City Manager is requesting authorization to begin negotiations and evaluate remodeling needs. 7. Ordinance 1538 — Zone Change and Planned Unit Development — Courthouse East -- 2nd Readin DEV Properties has requested a change in zoning from R-3, Urban Single Family Residential, to R-5, Residential/Professional Office, with a Planned Unit Development overlay on the Courthouse East property. Ordinance 1538 passed on first reading June 6. 8. Ordinance 1540 — Initial Zoning — David and Beverly Mosby..— 2nd Readin The Mosby's have requested a zoning designation of R-3, Urban Single Family Residential, on approximately one half of an acre located at 1404 6th Street East. Ordinance 1540 passed on first reading June 6. 9. Proclamation — Military Appreciation Week --- July 3 through July 9, 2005 Larson moved approval of the Consent Agenda. The motion was seconded. Peters moved to remove #6 from the Consent Agenda and place it on the main Agenda as #5. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson and Gabriel absent. Peters moved to remove #7 from the Consent Agenda and place it on the main Agenda as #6. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson and Gabriel absent. Hafferman moved to remove #4 from the Consent Agenda and place it on the main Agenda as #7. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson and Gabriel absent. Hafferman moved to remove #2 from the Consent Agenda and place it on the main Agenda as #8. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson and Gabriel absent. Kalispell City Council Minutes June 20, 2005 Page 2 Hafferman noted a remedy is being pursued to help control the odor from the wastewater treatment plant and that is why the design phase is being altered. The main motion as amended four times carried unanimously upon roll call vote with Atkinson and Gabriel absent. Brodehl announced four chaplains were added to the fire department this week. He said two will be on duty around the clock and there will always be one responding with fire personnel. C. STUDENT ISSUES None, D. PUBLIC COMMENT Eric Mulcahy, Sands Surveying, spore in favor of the preliminary plat amendment for Empire Estates Phases 4-6 stating the drainage issues mentioned May 16 have been dealt with. Wayne Turner, 3300 Highway 2 West, also spoke in favor of the preliminary plat amendment for Empire Estates Phases 4-6. Merna Terry, representing the Flathead Building Association and the Montana Building Industry Association, said both groups are very interested in working with the City to develop an impact fee system, which she feels can be done with municipal accountants and engineers. She presented the Council with a written breakdown of the essential elements of the impact fee legislation. Charles Lapp, 3230 Columbia Falls Stage, asked for an explanation of why the City is sharing in the cost of a lift station at Three Mile Drive and he wasn't offered any help when he developed a lift station for Blue Heron Estates. Chuck Cummings, 1002 4th Avenue East, thanked Harball for responding to his letter, adding he felt his question wasn't answered. He asked the Council to consider whether the requirements of Ordinance 1.175 have been applied in a consistent manner prior to voting on the second reading of Ordinance 1535 approving the PUD for the Courthouse East property. E. PUBLIC HEARING — 200 2005 BUDGET AMENDMENT This is the time set aside for the Council to accept public comment on two amendments proposed for the 2004/2005 budget. Mayor Kennedy opened the public hearing. Proponents None Kalispell City Council Minutes June 20, 2005 Page 3 Opponents None Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/1. RESOLUTION 5021— 2004 2005 BUDGET AMENDMENTS This resolution amends the budgets for the Building Department and the Tri-City Planning Office. Larson moved Resolution 5021, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2004-2005 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report. Gabriel arrived. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson absent. F/2. ADOPTION OF 2005/2006 PRELIMINARY BUDGET AND CALL FOR PUBLIC HEARING At the last meeting of each fiscal year the Council is required to adopt the preliminary budget for the next fiscal year and call for a public hearing. A public hearing is scheduled for July 18. Kenyon moved adoption of the 2006 preliminary budget and to call for a public hearing on July 18. The motion was seconded. Patrick gave a staff report and answered questions. Hafferman requested a memo be provided prior to the public hearing addressing any changes in the preliminary budget. The motion carried unanimously upon roll call vote with Atkinson absent. F/3. RESOLUTION 5010 — PRELIMINARY PLAT AMENDEMENT — EMPIRE ESTATES PHASES 4,5 & 6 (TABLED MAY 16) This is a request to amend the preliminary plat for Empire Estates Phases 4 through 6 to convert 21 single family lots to 34 townhouse lots on approximately 1.8 acres located at the northeast corner of Three Mile Drive; and Stillwater Road. Resolution 5010 was tabled at the May 16 meeting. Kalispell City Council Minutes June 20, 2005 Page 4 Kenyon moved to remove Resolution 5010 from the table. (A resolution approving certain revisions to the preliminary plat of Empire Estates Subdivision, Phases 4-6, rnore particularly described on Exhibit "A", in Section t, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana) The motion was seconded. The motion carried unanimously upon vote with Atkinson absent. Patrick gave a staff report. Peters questioned whether the City is doing what it should when it comes to large developments, adding it appears to him that increasing the number of townhouse lots in an area that already has a problem isn't a solution. Patrick said staff is addressing the increase in growth and problems in subdivisions by presenting the Council with revised design standards and hiring a construction manager. Hansz noted it's important to understand that we all pay a role and it was the actions of a few people failing to use good judgment in a small number of small cases that caused the problem. Peters said he wasn't questioning the staff, he just wants to make sure the City inherits what it requests in the beginning of a development. Hafferman suggested the City seriously consider requiring homeowners associations be formed with major subdivisions so that responsibility continues in perpetuity. The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, Peters voting against, and Atkinson absent. F/4. RESOLUTION 5022 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — AIRPORT REDEVELPMENT PLAN AMENDMENT This is a resolution of intent to modify the airport redevelopment plan and sets a public hearing for July 5. Kenyon moved Resolution 5022, a resolution relating to the City of Kalispell Airport/Athletic Complex Urban Renewal District; calling for a public hearing on the proposed amendment of the City of Kalispell Airport/Athletic Complex Redevelopment Plan to approve an urban renewal project and the issuance of tax increment urban renewal revenue bonds of the City to finance costs thereof. The motion was seconded. Patrick gave a staff report and answered questions. Mayor Kennedy noted the bond issue has already been authorized by the Council, this is just a clarification issue within the past documents so that everything is consistent. Hafferman stated the original resolution included a cost estimate of $880,000 for construction of north end ramps and taxiways and the bid actually came in at 1.2 million dollars. He asked if the costs for this and the other improvements are going to exceed the two million dollar bond. Kalispell City Council Minutes .Tune 20, 2005 Page 5 Patrick answered some of the planned improvements may have to be downsized, however, the taxiways and ramps are imperative because the City has made commitments to builders. The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Larson, Olson, Peters, and Mayor Kennedy voting in favor, Herron voting against, and Atkinson absent. F/5. AUTHORIZE NEGOTIATIONS — WELLS FARGO BUILDING Wells Fargo Bank is in the process of relocating its downtown facility and has offered to sell the building to the City. The City Manager is requesting authorization to begin negotiations and evaluate remodeling needs. Larson moved the City Manager be authorized to negotiate the potential purchase of Wells Fargo's facility located on 1st Avenue East. The motion was seconded. Patrick gave a staff report. Peters said he received several calls on this issue and the concerns are whether 20,000 square feet is more than the City needs and how does the City consolidate the offices. He said he's in favor of talking with Wells Fargo, but he thinks it may be more expensive than the City can afford. Hafferman stated he knows there's a need for more space, however, he's opposed to taking more private property off the tax rolls. He said there are other government buildings available such as the Armory, Gateway West Mall, and in the future Linderman School. Hafferman said consolidating offices is a goal, not an overwhelming need, and there's no documentation the taxpayer will benefit by purchasing private property and eliminating lease payments. Olson said his concern is that the drive-in is not included which may create a parking problem. He said he's in favor of looking at the building, but he's not excited about it unless the drive-in is included. Larson said without looking at the proposal the City can't tell the taxpayers whether it would be beneficial or not. Kenyon reported he also received a phone call and he thinks the word "negotiate" is what made people think the City is "heading toward a deal". He said he wants to assure the public that at this point the City is just looking at the proposal. The motion carried upon roll call vote with Gabriel, Herron, Kenyon, Larson, Olson, Peters, and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson absent. F/6. ORDINANCE 1538 — ZONE CHANGE AND PLANNED UNIT DEVELOPMENT — COURTHOUSE EAST — 2ND READING DEV Properties has requested a change in zoning from R-3, Urban Single Family Residential, to R- 5, Residential/Professional Office, with a Planned Unit Development overlay on the Courthouse East property. Ordinance 1538 passed on first reading June 6. Kalispell City Council ]Minutes ,tune 20, 2005 Page 6 Peters moved second reading of Ordinance 1538, 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 1-12, Block 203 Kalispell Addition, located in Section 17, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana (previously zoned City R-3, Single Family Residential) to City R-5 (Residential/Professional Office), with a planned unit development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Harball answered questions. Hafferman noted he will be voting against the second reading for the same reasons he voted no on the first reading. He said he didn't feel Harball's response adequately addressed the issues Cummings raised, many of which he agrees with. The motion carried upon roll call vote with Gabriel, Herron, Kenyon, Larson, Olson, Peters, and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson absent. F/7. APPROVE AGREEMENT — IMPACT FEE STUDY Council is being asked to authorize the City Manager to execute an agreement with HDR/EES to develop a comprehensive impact fee system not to exceed a cost of $80,000. Larson moved the City Manager be authorized to execute the impact fee consulting services agreement with HDR/EES, Inc. The motion was seconded. Patrick gave a staff report. Hafferman commented the City already has impact fees called sewer and water hook up fees, however, the City also has to address police, fire, roads, and parks and current residents shouldn't have to pay for growth. He said impact fees are for specific purposes and hopefully there will be strong safeguards to prevent future councils from straying from the intended use. Larson stated the offer from the building community was very generous but he feels the best route to follow is to hire experts in the field. The motion carried unanimously upon roll call vote with Atkinson absent. F8. AWARD BID — CITY AIRPORT NORTH END SURFACING IMPROVEMENTS Two bids were received for surfacing improvements at the northwest end of the City Airport from JTL Group and Schellinger Construction. Staff is recommending the bid be awarded to Schellinger Construction. Kenyon moved Council award the bid for the City Airport north end surfacing improvements to Schellinger Construction in the amount of $1,199,612.85. The motion was seconded. Patrick gave a staff report. Kalispell City Council Minutes June 20, 2005 'age 7 Hafferman said he's been against this "rush forward" from the beginning, stating the City should be meeting the FAA requirements before we involve the taxpayers. He asked for written documentation that states the Council committed to completing the surfacing improvements by August L The motion carried upon roll call vote with Gabriel, Kenyon, Larson, Olson, Peters, and Mayor Kennedy voting in favor, Hafferman and Herron voting against, and Atkinson absent. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Mayor Kennedy read a letter from the Department of Commerce stating a first time homeowners' grant has been closed and congratulating the Community Development Department on what a good job the staff does. Peters requested a work session to discuss the slough in Greenacres and the possibility of giving the residents a tax break on what they're paying on the slough. llafferman requested a work session to discuss what items are placed on the Consent Agenda. In response to Charles Lapp's comments concerning the City's participation in the Three Mile lift station, Hansz explained policy has changed since the Blue Heron project and now the City is looking at participation as a way to encourage developers to make public investments that benefit the City. Herron stated there have been comments from the public that the City is not following its regulations, yet no one is filing for City Council positions. Patrick announced he will be on vacation next week. H. ADJOURN The meeting was adjourned at 8:40 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes June 20, 2005 Page 8