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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. Kalispell City Council Minutes September , 2005 'age 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. Kalispell City Council Minutes September 6, 2005 Page 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. Kalispell City Council Minutes September 6, 2005 Page 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. Kalispell City Council Minutes September 6, 2005 Page 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. Kalispell City Council Minutes September 6, 2005 .gage 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. Kalispell City Council lints September 6, 2005 Pag 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. Kalispell City Council Minutes September 6, 2005 Page 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. Kalispell City Council Minutes September 6, 2005 Page 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# Kalispell City Council Minutes September 6. 2005 Page 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, Kalispell City Council Minutes September , 2005 'age 1 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 Kalispell City Council Minutes September 6, page I I