1. Council Minutes - Regular Meeting September 6, 2005A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7:0
R.M., TUESDAY., SEPTEM ER 6,2005, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTAN ►. MAYOR PAMEJEA B, KENNE Y PRESIDED, COUNCIL
MEMBERS JIM A KINSON, KARI GABRIEL, BOB HA ER.AN,-BOBHERRON,
RANDY KENYON, TIM KLUESNEK DUANE LARSON, AND HANK o SON WERE
PRESENT.
Also present: City Manager James Patrick, City Attorney Charles Harbali, City Clerk Theresa White,
Finance Director Amy Robertson, Public Works Director Jim Has, Police Chief Frank Garner,
Kalispell Planning Department Director Tom Jentz, Zoning Administrator PJ Sorenson, Community
Redevelopment Director Sandy Wheeler, Public Works Assistant City Engineer Frank Castles,
Public Works Project Manager Fred Zavodny, and Recording Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge o Ail egiance.
A. AGENDA APPROVAL
Kenyon moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA ROVA
1. Council Minutes — Regglar Meeting Au ost 005
2. Council Minutes —. ..... S eoial Meetir _ Est 22 2005
. Preliminary Plat Extension — West View Estates
Sands Surveying, on behalf of oval Corporation, is requesting a one-year extension for the
preliminary plat of West View Estates.
. Proclamation — Ste Tamil Da — Se tember 1. 005
5. Fire Cl a 1ains — Badge Presentation
Fire Chief Randy Brodehl will present Chaplains Daniel Lambert, Frank Mucci, Drew
Buckner, and Hal Irvine with their fire department badges.
Atkinson moved approval of the Consent Agenda. The motion was seconded.
Brodehl presented the chaplains with their fire department badges.
The motion carried unanimously upon. vote.
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C. STUDENT ISSUES
None •
D. PUBLIC COMMEND'
John Hinchey, 534 4 th Avenue East, :Manning Board member, spoke in favor of ordinance 1550 and
encouraged the Council to approve the new sign regulations.
Richard Kuhl, 867 North Main, spoke against Resolution 5052. He stated all he's read is a lot of
generalities and nothing specific on why this area should be declared blighted. Kuhl stated he feels
the area is not blighted and he thinks this is a "con job to start the ball rolling for tax increment
districts".
Kurt Hafferrnan, 325 2,Street west, stated that he has issues with Council meeting organization as
1t pertains to the manner of addressing the Council. He said in order to fully involve the public,
people should be allowed an additional three minutes of rebuttal time at the conclusion of the
Council's discussion. Haffennan agreed with Kuhl and stated he also doesn't believe the area by the
mall is blighted; it's just a front end to a tax increment district.
Don Murray, 431 - t Avenue West, District #5 School Board Chairman, thanked the Council for its
support of the new high school and the middle high and he thanked the Site Review Committee .for
its support offewer parking spaces at the high school. He said school board members have agreed to
acid more parking when necessary; but because o.ffinancial restrictions it's not feasible to install all
the parking at this time. Murray encouraged the Council to support Resolution 5053, the high school
preliminary plat.
Clarice gates, 426 7t Avenue West, spoke against Resolution 5052, stating she also doesn't see the
blight in that area. She asked the Council to look closely at the pros and Cons before anything is
approved.
Ron Hersett, ,Administrator of .heritage Place, encouraged the Council. to approve the Conditional
Use Permit for Heritage Place and said he will be available to answer any questions.
Lila Kruc enber, 1204 Sunnyside Drive, spoke against Resolution 5052 and compared it to
Streetscape and the money spent on that project that nobody likes. She stated it is wrong to set aside
the money now before we know how the population is going to grow and where the money may be
needed elsewhere. She also agreed that the meeting format needs to be changed to allow for
additional public comment when corrections are needed. Kr c enberg also criticized the developers
of the subdivision next to her property stating the problems they've caused has cost the neighborhood
thousands of dollars.
Clint Cathcart, 828 5th Avenue East, asked for a definition of "blight" and stated if vacancies are
included in that definition, then Main Street is blighted. He also asked that people to be allowed to
comment at the time of Council discussion on specific issues instead of early in the meeting.
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E. PUBLIC HEARING — LEISURE DRIVE ANNEXATION
Mayor Kennedy opened the public hearing.
Proponents
None
Ormonents
Norse
Mayor Kennedy closed the public hearing.
F. PUBLIC HEARING — BOARD OF INVESTMENTS LOAN — WELLS FARGO
BUILDING PURCHASE
Mayor Kennedy opened the public hearing.
Proponents
None
Opponents:
Kurt Hafferman, 1325 2d Street West, stated that he cannot take one more proposal that is going to
cost him money. He said there will be unknown tax revenue lost and it is fiscally irresponsible to act
on are opportunity simply because it is here, l affer an said the City must go through gh the right
process and make an award based on a legal process, adding he knows the City needs to consolidate
offices, but this came out of r owhere,
Clarice Gates, 426 7'Avenue West, agreed with Hafferman and asked several questions.
Clint Cathcart, 828 8 th ,avenue East, stated that be is concerned with this purchase and he feels the
City has not done its due diligence.
Mayor Kennedy closed the public bearing.
G. REPORT51RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
G . RESOLUTION 5049 — LEISURE DRIVE
This resolution annexes Leisure Drive which has been improved and now meets City standards.
Kenyon moved Resolution 5049, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein, as an annexation, a certain roadway containing
platted tracts ofland, more particularly described in Exhibit "A"', to be designated as Leisure
Drive Addition N. 3, and declaring an effective date. The motion was seconded.
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Patrick gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
G 2. RESOLUTION 5050 — B01 LOAN AGREEMENT AUTHORIZATION — WELLS
FARGO BANK BUILDING
Resolution 5050 authorizes participation in the .hoard of Investments tments loan program to purchase the
Wells Fargo Bank building for City offices.
Kenyon moved Resolution 5050, 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 RevolvingProgram), approving the form and
terms of the loan agreement and authorizing the execution and delivery of documentsrelated
thereto. The motion was seconded,
Patrick gave a staff report and answered questions.
Larson addressed sore of the concerns of those who spoke at the public Tearing,, stating several
options have been reviewed over the past several years and every one of those options was more
costly than this, and they didn't satisfy all of the space needs. He said the City has done its due
diligence and with all of the financial options looked at, this is the best.
afferman said he feels the building should be sold to private enterprise and kept on the tax rolls. He
said an economic analysis has not been conducted which should include all of the costs for the
building, not just the purchase price-1 the Council hasn't seen an annual operating cost; and this
purchase has not been thoroughly analyzed.
Olson remarked the Council has already decided to buy the building; the decision tonight is how to
fund it. He said the space needs in the police department are incredible and in ten years the City
won't have a mortgage payment. Olson said be is supporting this for the police department's sake but
wises the City could get a fixed interest rate.
Gabriel agreed with Olson and Larson and thanked everyone who spoke, adding that a lot of
discussion is held during work. sessions that most people don't get to hear. She said this is a good
investment In our future.
Kluesner agreed the City needs space, but stated a. process was missing. He said the c ti en.s didn"t
know what was going on and therefore couldn't buy into it. Kluesner stated he hopes we do things
better in the future.
Atkinson commented that numerous studies on the City,s space needs have been done since the mid
o's and as the community has grown, the needs have become even greater. He said leasing does not
meet our present or future needs and this is the best dealfor the community. Atkinson encouraged
the community to stand behind the Council and the staff stating this is a prudent use of taxpayer
dollars.
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The notion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, and Mayor Kennedy voting in favor, and Hal ernan and Klnesner voting against.
G 3 RESo UT ON' 5o5 — BOND RESOLUTION -- AIRPORT
Resolution 5051 finalizes the bonds for the Phase I improvementsto the City Airport.
Kenyon. moved Resolution 5051, a resolution relating to Tax Increment Urban Renewal
Revenue Bonds, Series 2005A and Series ,boo ; ratifying the sale and prescribing the form
and terns thereof and the security therefor. The notion was seconded.
:Patrick gave a staff report.
Hafferman remarked he is opposed to charging ahead on this without FAA approval because it puts
taxpayers at risk.
Kl esner commented he .hopes the airport is a success and .requested a business plan.
The notion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Klnesner, Larson,
Olson, and Mayor Kennedy voting in favor, and Hafferman and Herron voting against*
G . RESOLUTION 5052 — RESOLUTION FINDING BLIGHT EXISTS .. BNSF TI
DISTRICT
Resolution 5052 dete.nnin s that blight still exists within the area north of the railroad tracks to
.meridian and from. Main Street to Seventh Avenue West.
Kenyon moved Resolution 5052, a resolution finding that blighted areas exist in the City o
Kalispell and that rehabilitation, redevelopment, or a combination thereof of such areas is
necessary in the interest of the public health, safety, morals or welfare of the residents of the
City of Kalispell. The motion was seconded.
Patrick gave a staff report and answered questions.
a`rman said the first whereas In the resolution provides for the redevelopment of areas which
constitute a menace to public health and safety, Hafferman asked how to recognize this "menace"
and where it's located.
Patrick said blighted areas can become higher crime areas and that, s what needs to be avoided.
Chief Garner described the "broken window" theory of Community Policing and answered
questions.
Haffernan stated he's concened that government is nter er'ng in this area because some people
consider this area blighted. He said the City does not need a TIF district to get sidewalks and other
infrastructure, in fact the City doesn't need TIF districts at all.
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Atkinson. stated a Tax Increment District is a way of ggenerating revenue over time for our taxing
jurisdictions and it encourages growth in the core of the City.
Olson commented TIF's .help the core area only if it grows faster than normal. He suggested tabling
the matter until the school district board can be contacted for an opinion.
Herron said the private sector does not .reed any incentive to develop this part of town and the best
thing the City of Kalispell can do is stay `the hell out of the way". He questioned why TIF districts
are always staff driven and stated he feels the Council creeds to pull back and think about the policy
direction of this City.
Kles er agreed with Herron, adding he doesn't see a lot of blight in this area and he's not sore if
this is the right thing to be doing.
Gabriel stated we are not voting on a TIF, but whether blight exists in tb .s area and if any of you
have driven through there, blighted areas do exist.
Uarson stated in view of all of the questions the matter should be tabled.
Larson moved to table Resolution 5052 until October 3* The motion was seconded.
The motion to table carried upon roll call vote with Hafre - a , Herron., Kles er, Larson and
Olson voting In favour, and Atkinson, Gabriel, Kenyon and Mayor Kennedy voting against.
G . FINAL .SLAT — EMPIRE ESTATES SUBDIVISION PHASE
This is a request for final plat approval of Empire Estates, Phase 4. that plats 49 single-family lots
and 68 s .b ots on approximately 1.9 acres located on the east side of Stillwater Road north of Three
Mile Drive.
Larson moved Council accept the Subdivision Improvement Agreement and approve the final
plat for Empire Estates Subdivision .phase 4. The motion was seconded.
Jentz gave a staff report and answered questions concerning the drainage issues.
The motion carried unanimously upon vote*
G . CONDITIONAL USE PERMIT — HERITAGE PLACE
Heritage Investors, L.L.C. is requesting a conditional use permit to expand an existing retirement
home at 171 Heritage Way.
Atkinson moved Council approve the conditional use permit for Heritage Place with the
attached conditions. The motion was seconded.
Jentz gave a staff report and answered questions.
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The notion carried unanimously upon vote,
G . CONDITIONAL USE PERMIT — SEVENTH DAY ADVENTIST CHURCH.
The Seventh. Day Adventist Church is requesting a conditional use permit to allow for an expansion
of its community service center located at 9 9th Avenue East North..
,parson moved Council approve the conditional use permit for the Seventh day Adventist
Church with the attached conditions. The motion was seconded,,
Jentz gave a staff report and answered questions.
Olson moved to add Condition 6 stating that no outside storage of any type shall be allowed on
the property. The motion was seconded.
Gabriel stated she did not want to create more of a problem with the new condition.
Kenyon stated it is unfair to hold one business to a different standard.
Larson commented the Ray of Hope was held to that standard.
The amendment ment carried upon vote with Atkinson, Hafferman, Herron, Kluesner, Lai -son,
Olson, and Mayor Kennedy voting; in favor, and Gabriel and Kenyon voting against*
The main notion as amended carried unanimously upon vote.
G . ORDINANCE 1 — AMENDMENTS — SPRING PRAIRIE PLANNED UNIT
DEVELOPMENT — IST READING.
School District #5 is requesting 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.
Larson moved Ordinance 1549, an ordinance authorizing and adopting an amendment to the
Spring Prairie Planned Unit Development agreement in association with the construction an
development of Glacier High School. The motion was seconded.
Jentz gave a staff report on the PUD amendments and answered questions.
Olson stated he has a problem with the height, but he wi.1I agree to it since Jentz assured him it In"t
goIng to be any higher than Love' s,
Herron remarked he doesn't care if the high school is 100 feet high, but the City needs to be
consistent. He suggested in future discussions, when the City is placing tax paying entities on the
rolls, maybe the Council should consider some flexibility with businesses for architectural relief.
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September 6, 2005
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Hafferman commented he doesn't have any trouble with the height, but he questions the criteria used
to come up with the parking spaces for the gymnasium at one car for five people. He said he can
understand not paving all of it right now, but adequate parkin; needs to be provided.
Mayor Kennedy noted a parking management plan will be developed between the City and School
District #5 which assures that parking will be addressed on an ongoing; basis as the need develops.
Kenyon remarked this appears to be a well negotiated arrangement between the Planning Board, Site
Review, and the School District and he feels the parking is a school issue, not the City*s.
Gabriel agreed, stating if people are parking on the grass then more parking will be added next year.
The motion carried upon roll call vote witb Gabriel, Herron, Kenyon, Klu sn r, Larson, Olson
and Mayor Kennedy voting in favor, and Atkinson and Haf erman voting against.
G . RESOLUTION 5053 —,PRELIMINARY PLAT — GLACIER HIGH SCHOOL
School District #5 is also requesting preliminary flat approval of a one -lot subdivision containing 60
acres of land located on the southeast corner of West .deserve and Stillwater Road for the proposed
Glacier High School.
Gabriel moved Resolution 5053, a resolution conditionally approving the preliminary plat o
Glacier High School, more particularly described as a portion of Assessor's Tract 5 in Section
36, Township 29 forth, Range 22 West, P.M.M., Flathead County, Montana. The motion was
seconded.
Jentz gave a staff report and answered questions concerning g access roads. He explained the Soo feet
from Stillwater Road to the high school's internal roadway system would be City owned and would
need to be maintained by the City.
There was discussion on the costs to maintain such a small section of road and various options were
suggested.
Haf` erman moved to amend Condition #4 by adding that the Soo foot roadway will be
maintained as a private .road until the road is completed and it is deeded to the City* The
motion was seconded.
Kenyon stated these conditions have already been approved by the planning board and the school
board and he doesn't feel the Council should be changing the conditions without their input.
The amendment carried on a roll call vote with Atkinson', Gabriel, Haf errnan, Herron,
Klcs erand Mayor Kennedy voting in favor, and Kenyon, Larson and Olson voting against.
The main notion as amended carried upon roll call vote with Atkinson, Gabriel, Haf erman,
Herron, Klcan r, Larson and Mayor Kennedy voting In favor, and Kenyon and Olson voting
against.
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G of ORDINANCE o — ZONING ORDINANCE TEXT AMENDMENT SIGN
REGULATIONS - IST READING
This ordinance includes several major and minor amendments to provide clarity to the sign
regulations.
Atkinson moved Ordinance 1550, n ordinance amending the Kalispell Zoning ordinance
(ordinance No, 1460), y amending Section 2 .2 , Sign Regulations, declaring are effective
date, and authorizing the City Attorney to codify the same. The notion was seconded.
Je tt gave a staff report and answered questions.
Hafferman said most of the changes were made "to tighten the screws on business and expand the
bureaucrats' authority", He said the Council should vote against the ordinance and leave the present
sign regulations.
Olson moved to remove the words "Inflatable signs, balloons, and tethered balloons" from No,
of Section 27.24.030. The motion was seconded.
Atkinson said instead of cleaning p the language, the amendment t is messing it up.
Kenyon commented that he is really tired of arguing over this and he, s going to vote for the
ordinance as it stands.
The amendment failed upon vote with Rafferman, Larson and. Olson voting In favor, and
.Atkinson., Gabriel, Herron, Kenyon Klnesner, and Mayor Kennedy voting against.
Olson moved to remove item No. 3 of 27.2 .030 Streamers, pennants,, strings of pennants or
other flying attractants). The motion was seconded..
Larson said this seems life a trivial ratter, but if the Council doesn't vote for this he will vote
against the entire ordinance because the Council is nitpicking.
The amendment carried on a roll call vote with Atkinson', Hafferrnan Herron, Klnesner,
Larson, Olson and Mayor Kenney voting in favor, and Gabriel and Kenyon voting against.
Herron moved to call for the question* The notion was seconded.
The motion carded upon vote with Atkinson, Gabriel, Ha erman, Herron, Kenyon, Kluesner,
Larson, and Mayor Kennedy voting In favor, and Olson voting against.
The main motion as amended ounce failed upon roll call vote with Atkinson, Gabriel, Kenyon,
and. Mayor Kenney voting In favor, and Hafferrnan, Herron, Klnesner, Larson, and Olson
Voting against#
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G 11# ORDINANCE 1551 — ARKNG ORDINANCE AMENDMENT — IS READING
This amendment to the parking ordinance world allow the pollee department to remove vehicles
with expired registration for more than 30 days from City streets.
Larson moved Ordinance 1551, an ordinance amending KalispellCity Code 17-7 7 to create
presumptionof violation of illegal motor vehicle storage upon city streets upon a s owing that
vehicle is not properly registered in the State of Montana and declaring an effective date. The
motion was seconded.
Patrick gave a staff report.
Halle man. moved to amend Section 2 by adding a 48 hour period after ticketing before
towing, There was no second.
There was further discussion.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kles er,
Larson, Olson and Mayor Kennedy voting in favor, and Hafferman voting against.
G 12. RESOLUTION 5060 — STOP SIGNS — PALMER DRIVE & R. ZNIAN LANE
A traffic study has resulted in a recommendation to install a four-way stop sign at the intersection of
Palmer Drive and RIt r..a .'Lane,
Kenyon moved. Resolution 5060, a resolution approving the placement or stop signs on Palmer
Drive at its intersection with Rit man Lane and declaring an effective date* The motion was
seconded.
Garner gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
G/13. :RESOLUTION 5061 — PERSONNEL POLICIES AMENDMENT
The Montana Municipal Insurance Authority is requiring . an amendment to the City"s personnel
policies to comply with the MMIA"s c6teria for processing newly hired employees.
Kenyon moved Resolution 50.., a resolution amending Resolution 4832, adopting revisions to
Section 2 -11, Employee In-processing/Orientation, ofthe Personnel Policies Handbook for all
City employees and declaring an effective date. The motion was seconded.
Patrick gave a staff .report,
There was no discussion,
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The motion carried unanimously upon roll call vote,
G 1 # ORDINANCE 1552 — SALARY ORDINANCE AMENDMENT - IST READING
This amendment adds several new City positions s as approved by Council earlier and modifies the
salary ranges.
Gabriel moved Ordinance 1552, an ordinance amending Ordinance No. 1506, fixing the limits
of the salary and compensation of the ci.y officials, supervisors, and employees pursuant t
Title ", Chapter 4, Part 42, M.C.A,, commencing on the dates indicated herein, and repealing
all other ordinances in conflict therewith. The motion was seconded.
Patrick gave a staff report.
Hafferman said he was originally against the study that prompted these salary changes because the
consultants cherrypicked; the proposed salary ranges should have taken a realistic approach to
conditions in Kalispell; and the ranges increase the disparity between the lowest employees and hose
in the upper grades. He .said. the City doesn't Deed another increase added onto the "already taxpayer
unfriendlysalary range".
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and
Mayor Kennedy voting in favor, and Haf erma ., Herron and Kluesner voting against.
H, MAYOR/COUNCIL/CITY MANAGER'S REoR S No Actiorj
Mayor Kennedy announced there will be a fundraiser this Sunday for the victims of Hurricane
Katrina. She said several bands are playing in what 1s being ealIe "Band Aid" with music starting at
.00 p.m. at the Eagles Hall.
Chief Brodehl stated that four City firefighters have been sent down south to help victims of Katrina,
Patrick reminded the public here are several City board openings still available and that credit card
payments are now being accepted for City utility bills.
ADJOURN
The meeting was adjourned at 10:38 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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September 6,
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