1. Council Minutes - Regular Meeting September 19, 2005A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A :00
.m. MONI AY, SBPTEMBER 1 , 005, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, M NTANA. MAYOR PAMBILA B. KENNB Y PRESIDED. . COUNCIL
MEMBERS JIM A KINSON, KARI GABRIE , BOB HAFFERMAN, BOB HERRON, T M
KLUESNEK DUANE 1ARSON, AND HANK o SON WERE PRESENT". COUNCIL
MEMBER RANDY KENY N WAS ABSENT.
Also resent: City Manager James Patrick, City .Attorney Charles Harball, City Clerk Theresa White,
Finance Director Amy Robertson, Public Works Director Jim Hans , Police Chief Frank Garner, Fire
Chief Randy Brodeh , Kalispell Planning Department Director Tom Jentz, Senior Planner Narda
Wilson, Planner 11 PJ Sorenson, Parks and Recreation Director like .faker, Assistant City Engineer
Frank Castles, Project Manager Fred Za odny, and Recording Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. A GENT A APPRO A L
Atkinson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried nimo s y upon vote with Kenyon absent.
B. CONSENT AGENDA APPROVAL
. Council Minutes — Re tar Meeting September 6. 005
2. Ordinance 15 — Parking Ordinance Amendment — 2nd R ath
This amendment to the parking ordinance will allow the police department to remove
vehicles with expired registration for more than 30 days from. City streets Ordinance 1551.
passed on first reading September 6.
3. Award Bid — Ambulance
ance
Only one bid was received for an ambulance for the Fire department. Staff is recommended
mended
Council award the contract to Professional Sales and Service from Salt Labe City in the
amount o 1.,..
Atkinson moved approval of the Consent Agenda. The motion vas se o dedS
Hafferman moved Item No. 2 be removed from the Consent Agenda and placed as Item No.
on the regular Agenda. The motion was seconded.
The amendment carried upon vote with Atkinson, Gabrief, Hafferman, Herron, Klues er, and
Olson voting in favor, Larson and Mayor Kennedy voting against, and Kenyon absent.
The amended motion carried unanimously upon roll call vote with Kenyon absent.
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Cr STUDENT ISSUES
Done.
PUBLIC COMMENT
George Taylor, 505 Ih Avenue East, stated that he is here on behalf of the Planning Board and that
they worked on the sign ordinance for months. He urged the Council to look at it carefully.
Dennis Carver., boo leisure Drive, addressed the Council about the sidewalks in Ashley Park and the
sidewalk standards in general. He urged Council to accept an extended warranty and not have the
sidewalks replaced.
E. REPORT�JRECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
N
E/1, ORDINANCE 1 — AMENDMENTS — SPRING PRAIRIE PILANNED UNIT
DEVELOPMENT— 2ND READING
School District #5 .as requested two amendments to the Spring Prairie Planned Unit Development
agreement relating to building height and the number of parking; spaces in conjunction with the
proposed Glacier High School. ordinance 1549 passed on first reading September 6.
Larson moved the second reading of Ordinance 1549, an ordinance authorizing and adopting
an amendment to the Spring .prairie Planned Unit Development agreement in association with
the construction and development of Glacier High School. The motion was seconded.
There was discussion,
Hafferman stated he initially voted against this because o "woefally inadequate"' parking and he will
do so again.
The motion carried upon roll call vote with. Gabriel, Herron, Kluesner, Larson, Olson and
Mayor Kennedy voting n favor, Atkinson and Hafferman voting against, and Kenyon absent.
E 2, ORDINANCE 155 — SALARY ORDINANCE AMENDMENT — 2ND READING
This amendment adds several new City positions as approved by Council earlier and modifies the
salary ranges. ordinance 1552 passed on first reading September 6.
Gabriel moved the second reading of Ordinance 1552, an ordinance amending Ordinance No.
1506, fixing the limits of the salary and compensation of the city officials, supervisors, and
employees pursuant to Title 7, Chapter 4, Fart 42, M.C.A.commencing on the dates indicated
herein, and repealing all other ordinances in conflict therewith. The motion was seconded.
Hafferman stated he initially voted against", and will vote against it again, because he sees no reason
to increase the salary ranges, particularly on the high end, at this time.
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The motion carried upon roll call vote with .Atkinson, Gabriel, Larson., Olson and Mayor
Kennedy voting in favor, Hafferman,Herron and Klesner voting against, and Kenyon absent.
E 3* RESOLUTION 50— RESOLUTION of INTENT — IMPACT FEE COMMITTEE
Senate ,dill 185 requires Council to appoint a committee to make recommendations on the creation
and implementation of impact fees. Resolution 5062 declares Counc l's intent to create the
committee.
Atkinson moved Resolution 5062, a resolution of intent to form an Impact Fee Advisory
Committee pursuant to the statutory requirements of the 2005 Montana Session Laves 299. The
notion was seconded.
Patrick gave a staff report and answered uestio.ns.
There was discussion.
Larson moved to amend the date of appointment to October 17, 2005. The notion was
seconded.
The amendment carried unanimously upon vote with Kenyon absent.
The amended motion carried unanimously neon roll call vote with Kenyon absent.
E . FINAL .SLAT COTTONWOOD PARK SUBDIVISION
This is a request for final plat approval of Cottonwood Park Subdivision that plats 39 lots on
approximately ten acres located at the northwest corner of Stillwater Road and Three Mile .give.
Herron moved Council accept the Subdivision ImprovementAreenent and approve the final
plat for Cottonwood Park Subdivision* The notion was seconded.
Wilson gave a staff report.
There was no discussion.
The motion carried unanimously upon vote with Kenyon absent.
SIDEWALKS — ASHLEY PARK SUBDIVISION
Council is being asked to make a determination concerning required corrections of substandard
sidewalks in Ashley Park Subdivision, Phase 7.
Patrick gave a staff report.
Larson moved Council approve Alternative Motion 111, and find, based upon the evidence
presented, that:
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a. the sidewalks constructed at Ashley Park, Phase 7, fail to meet the design and
construction standards of the City of Kalispell, and,
1, there is some value in the sidewalks that are in place, and,
C. the developer will warranty the sidewalks for a period of ten years against
material and structural defect, and
d. the Public works Department shall have sole discretion as to the removal and
replacement of failedpanel(s) of sidewalk, and
el photographic evidence of the cracked sidewalk section shall be taken by the
Public Works Department prior to the replacement of the sidewalk panel, and
adjacent sidewalk panels cracked during the replacement shall also be replaced
under this agreement, and
9, from this time forward, inspections will be made of the sub -base and the
constructed product in regards to sidewalks to make sure they are In
compliance with City standards.
The motion was seconded.
Larson stated this is a reasonable answer for the problem and we are taking; care of future
construction; he agreed with the developer that the sidewalks s have value.
Gabriel asked if this notion would only affect this particular developer.
Patrick stated this would set a precedent with other developers in the same circumstances and he
expects them to request the sane consideration from Council.
Olson asked what we are going to do about the other substandard core samples in other
developments.
Patrick answered in those cases where substandard construction has been found, we are asking that
the sidewalks be replaced.
an z explained lained the majority of the substandard sidewalks s are in developments on the northwest
side of town and it's staff s intention to treat all o the developments equally, depending on the
Councils' decision tonight.
Olson said Carver mentioned that in his discussions with a bonding agency, a five-year warranty
bond would be difficult to obtain and a ten-year warranty bond is out or the question. He said if a
ten-year warranty is out of the question, "what are we doing".
Mayor Kennedy clarified the motion is for a ten-year warranty, not a ten-year warranty bond.
Olson said if t"s not a bond, then what bappens if be leaves town tomorrow.
i.
Hansz noted that with each development, some sort of surety is required so that in case the developer
falls to perform the City there has recourse against that surety to obtain the funds necessary to
conclude the project. He said with Lar o �s notion, the City would have no security whatsoever.
warranty would have to be a bond because without a bond the warranty is not enforceable.
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Mayor Kennedy suggested an amendment requiring a three-year bond with a ten --year warranty.
Hansz stated Carver indicated a long-term bond through an agency is hard to obtain, but perhaps
there are othe-r forms of surety which would provide the same .level of protection.
Olson commented hc' s not prepared to determine a proper .form of surety tonight, so he'll have to
vote against the motion unless someone wants to table it.
Mayor Kennedy said the problem with tabling the issue is that Carver's current letter of credit
expires on October 1, She added that apparently Carver attempted to give the City a new letter of
credit, but the City rejected it.
Patrick responded as far as he knows, the City did not reject a new letter of credit. He suggested if
it' s the Council' s desire to table the matter, then Carver needs to be asked i he's * l i. g to extend
the letter of credit for a couple of months to allow the Council time to deliberate.
Carve- stated that the new v letter of credit he attempted to give the City would have been good -until
June 20, 2006 and would have covered the trees and the sidewalks. He said he is still willing to do
the same thing.
Herron asked Harba l to explain the legal issues, asking if this isn't really about a contract, not
standards.
Harball said a Subdivision Improvement Agreement was signed by the developer whereby he agreed
to a six inch gravel base; the City is simply demanding that the agreement, or contract, be fulfilled.
arba.11 said the substandard sidewalks are a breach of that contract a d we have to do what makes
sense for the City. He reiterated that whatever the Council decides to do, we must deal equally with
all of the other developers that will come forward.
Herron remarked the City needs to hold people to the contractual agreements they make; that's what
he expects in his life and his business.
Larson stated he would be willing to withdraw his motion if the Council will agree to extend the
letter of credit so that a reasonable solution can be found.
Herron said he is disappointed Ln the development and building community. He said he has always
been Pro growth, but the City might get the developers' a tten 1i oD if it puts a total r oxato ium on all
building where the development standards aren't net. Herron said he talked with a lot of developers
over the past two or three weeks and the developers who are doing things right want everyone to be
held to the same standard.
Larson agreed the problem needs to be solved, but even if the Council ordered the sidewalks to be
replaced it wouldn't get done in the next few weeks. He suggested Council try to find a solution over
the next few weeps that is fair to everyone.
Hafferman said if he owned a piece of property and the contract or he hired didn't do a certain job
correctly, be would prefer to have the contractor on the hook for ten years rather than have the
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sidewalk ripped -up and replaced. He said he is in favor of accepting a 10 year warrainty with a bond,
but agreed that more work needs to be done on a motion that satisfies everyone and as long as the
City has a valid letter of credit he dos.t see the need for a big rush.
K.aesner pointed out the Council is trying to decide the enforcement policy and set a precedent from
now on and he doesn't think that can be done in one night.
Atkinson commented they have already set the precedent and they are the standards. He said Carver
signed the Subdivision Improvement Agreement and didn't Follow the standards. Atkinson stressed
the Council here to set standards, to live by them, and direct the staff to enforce then. He said the
City must follow its standards and create a level playing field and he encouraged the Council to vote
against the motion and he will move the sidewalks be replaced.
,;arson said even if the Council chooses to have all of the sidewalks replaced, it still doesn't solve the
problem with the letter of credit expiring October 1.
Mayor Kennedy said she believes "wholeheartedly"" the Council is going in the right direction to
make sere the City doesn't have the problems it's had in the past, and she hopes the Council sets the
precedent that from this day forward the City will be holding developers to the standards. She stated,
however, she is concerned with the impact to residents by tearing out their sidewalks which also
means tearing out their driveways and any landscaping they may have done. She said she hopes the
Council would table the issue to allow for further discussion and allow Carver to submit a new letter
f credit to expire June 30, 2006.
Herron suggested that maybe the City should cash the letter of credit since the work was not done
correctly.
arhal . noted that if the letter of credit is cashed, it puts the burden on the City to fix the problem.
Olson reiterated he doesn't feel the Council has enough information to agree 0ii a resolution this
evening.
Atkinson retorted that the agreement has already been made and Carver didn't follow through on it.
e said it's time to make the announcement that. the City will stand behind its standards.
Mayor Kennedy said it appears from the discussion that the Council is truly divided. In order to take
care of the issue she suggested the .motion be tabled and another ruction be offered asking for a new
letter of credit.
Hafferman moved to table the emotion to the October 1.7 meeting. The motion was seconded.
Atkinson made a point of order stating his hand was raised before a `erman's, adding he had
something to add to the discussion.
.mayor Kennedy apologized, but said the motion was already accepted.
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The motion to table carried upon vote with Gabriel, Hafferm n, Klesner, Larson, Olson, and
Mayor Kenney voting in favor, Atkinson and Herron voting against, and Kenyon absent.
Larson moved to accept a new letter of credit from the developer which would expire on June
30, 2006 to cover the cost of the sidewalks and landscaping. The motion was seconded.
Herron stated he will only support the motion 1f it's amended to require that the new letter of credit
be in the same amount as the original one. He said if theCouncil s going to sit down and try to reach
compromise, Carver needs to be held to that same amount as the original letter of credit for as long
s it tales, even if that means a letter of credit for $286,000.
Harball said the City Dandles letters of credit all the time and as work is completed, the amount of
the later is reduced. He said it would be standard procedure for the City to require only an amount
that is 125 of the work that is left to be done.
Larson moved a friendly amendment ment o his motion stating the letter of credit will be in an
amount to be determined at the discretion of the legal department and public works. The
second concurred*
Kl esner asked that prior to the work session the staff provides a full accounting of all of the projects
that may be .looking at the same problem, the letters of credit, when they expire, etc.
Gabriel commented that before the Council makes a decision, she would like to hear from some of
the homeowners who will be affected by having their sidewalks ripped out.
The motion carried unanimously upon vote with Kenyon absent.
E/6, ORDINANCE 1551 — PARKING ORDINANCE AMENDMENT — 2ND READING
(REMOVED FROM CONSENT ARENA
This amendment dent to the parking ordinance would allow the police department to remove vehicles
with expired registration for more than 30 days from City streets, ordinance 1551. passed on first
reading September 6.
Larson moved the second reading of Ordinance 1.551 ordinance amending Kalispell C1
Code 17-77 to create a presumption of violation of illegal motor vehicle storage upon City
streets upon a showing that vehicle is not properly registered in the State of Montana and
declaring an effective cute. The motion was seconded..
afferrnan stated be will main vote against the ordinance because no time was provided between
ticketing and towing.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kl es er Larson,
Olson and Mayor Kennedy voting in favor, Haffernnan voting against, and. Kenyon absent.
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F* MAYOR/COUNCIL/CITY MANAGER'S REPORTS..(No Action)
Mayor Kennedy announced there was a grater main break earlier today on the west side of town and
staff is diligently working with the contractors to restore water to residents.
Olson asked for a worksession to discuss a request from the Conrad Mansion for sidewalks to be
installed.
Hafferman said the City owns the Conrad Mansion and therefore should be payingthe full cost off'the
sidewalks.
Patrick informed the Council that thanks to Fire Chief Randy Brodehl, the DNRC will reimburse the
City over $40,000 for the lard that was purchased for the fire station.
G. BOURN
The meeting was adjourned at 9:02 p.m.
ATTEST:
:
Theresa white
City Clerk
...................... .
Pamela B. Kennedy
Mayor
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