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01. Council Minutes - Regular Meeting October 4, 2004A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, OCTOBER 4, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KAKI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present: Interim City Manager Frank Garner, City Attorney Charles Harball, City Clerk Theresa White, Community Development Director Susan Moyer, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Public Works Director Jim Hansz, Tri-City Senior Planner Narda Wilson, and Assistant to the City Manager Pati Heath. 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 1, Council Minutes — Regular Meeting September 20, 2004 2. Table Resolution. 4928 to October 18 2004 - Ever een District Sewer Lines Staff recommended Resolution 4928 be tabled to the October 18th meeting in order to give Council a longer period of time to discuss sewer hook-ups outside the Evergreen sewer system. Peters moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT Carol Cockrell, Director of Buffalo Hill Terrace, asked the Council to approve hnanuel Lutheran's request for a conditional use permit allowing for the operation of a day care center in a Health. Care Zone. Kalispell City Council Minutes October 4, 2004 Page l Art Mitton, 809 4th Avenue West, stated he lives by the high school and he seldom sees the flag flying. He asked the Council to look into the matter. Brian Plunkett, 2992 Rufenach Lane, spoke in favor of the conditional use permit for Flathead Electric Coop and said he would be available to answer questions. Brent Higgins, 640 Country Way, spoke in opposition to the Stillwater Bluffs subdivision proposal, stating there has been a lot of information provided that is incorrect and misleading and the residents of Country Village have worked hard to maintain a quality, connected and cohesive neighborhood. He said the additional traffic is a safety hazard and he asked the Council to deny the request. Sandy Heuscher, 545 Country Way South., stated this development has been "talked to pieces" and asked the Council to move ahead on the annexation, zoning and preliminary plat for Stillwater Bluffs. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 4932 - ANNEXATION REQUEST —LARRY& SANDY HEUSCHER — STILLWATER BLUFFS SUBDIVISION (TABLED SEPTEMBER 7TH) The Heuschers have requested annexation of approximately twelve and a half acres located on the west side of Country Way South, between Country Way and Granrud Drive. Peters moved to remove Resolution 4932 from the table. (A resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A",located in Section 31, Township 29 North, Range 21 West, P.M.M, Flathead County, Montana, to be known as Heuscher Addition No. 352; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date). The motion was seconded. The motion carried unanimously upon vote. Wilson gave a staff report on the annexation, zoning and preliminary plat requests. She explained staff is recommending an amendment to Condition ##2 on Resolution 4933 approving the preliminary plat to state: "All of the public infrastructure shall be constructed in accordance with the Kalispell Standards for Design and Construction and the Kalispell Subdivision Regulations with the exception of the roadway which shall be designed and constructed in accordance with an alternative lan aomoved by the Kalispell Public Works Department and the Kalispell City Council. A letter from the Kalispell Public Works Department shall be submitted stating that the plans and specifications for the subdivision have been reviewed and approved by that department for compliance with City standards". Wilson said staff is also recommending an additional condition be added to Resolution 4933 stating: "A note shall be placed on the face of the final plat which states `Property owners waive protest to the creation of a special h rovement district for the a ade of roads in the area to Citv standards which would be i acted by this subdivision." She said staff also envisions an eight - foot bike and pedestrian asphalt path on the west side of Country Way South. Kalispell City Council Minutes October 4, 2004 Page 2 Hafferman noted one of the major controversies has been the amount of anticipated traffic from this development, which is approximately an additional 300 vehicle trips per day. Haffemian said the original Kalispell Standards for Design and Construction states that a 24-foot wide road is capable of handling 4000 vehicle trips per day. He said in his opinion, Country Way now, and after this development is in place, is capable of handling the anticipated vehicle traffic. Hafferman added there are no problems with sight and he's pleased with the staff s recommendation for an alternative street section with an eight foot bike path. There was discussion concerning the proposed bike path. Olson expressed concern that there isn't better pedestrian access all the way to Whitefish Stage. Wilson answered it would be feasible to put a pedestrian trail to Whitefish Stage, however, when you look at the priorities for safe pedestrian access that the City and County are working on, the one that is highest on the list is the trail along Willow Glen Drive from pour Corners to Woodland Avenue. Olson commented it's just another example of how important sidewalks are. Peters agreed that pedestrian access is a huge issue, however, he doesn't feel this subdivision is responsible for solving problems that were created in the County. He said Saturday morning he clocked the traffic on Country Way South and for two and a half minutes didn't see a single car. Resolution 4932 carried unanimously upon roll call vote. E12. ORDINANCE 1510 — INITIAL ZONING — LARRY & SANDY HEUSCHER — STILLWATER BLUFFS SUBDIVISION —1 ST READING (TABLED SEPTEMBER 7TH) The Heuschers requested an initial zoning designation of R-3, Urban Single Farnily Residential, and R-4, Two Family Residential, upon annexation of approximately twelve and a half acres located on the west side of Country Way South, between Country Way and Granrud Drive. Larson moved to remove Ordinance 1510 from the table. (An ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No.1460), by zoning certain real property described as Assessor's Tracts 5H and 5HA in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R-3 and City R-4 (Single and Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date). The motion was seconded. The motion carried unanimously upon vote. There was no discussion. First reading of Ordinance 1510 carried unanimously upon roll call vote. Kalispell City Council Minutes October 4, 2004 Page 3 E13. RESOLUTION 4933 — PRELIMINARY PLAT — LARRY & SANDY HEUSCHER — STILLWATER BLUFFS SUBDIVISION (TABLED SETPTEMBER 7TH) The Heuschers requested preliminary plat approval of Stillwater Bluffs, a 32-lot residential subdivision located on the west side of Country Way South, between Country Way and Granrud Drive. Larson moved to remove Resolution 4933 from the table. (A resolution conditionally approving the preliminary plat of Stillwater Bluffs Subdivision, more particularly described as Assessor's Tracts 5H and 5HA in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana). The motion was seconded. The motion carried unanimously upon vote. Hafferman moved Condition #2 be amended, and an additional condition be added as presented by staff. The motion was seconded. (Condition #2 to read: "All of the public infrastructure shall be constructed in accordance with the Kalispell Standards for Design and Construction and the Kalispell Subdivision Regulations with the exception of the roadway which shall be designed and constructed in accordance with an alternative plan approved by the Kalispell Public Works Department and the Kalis ell City Council. A letter from the Kalispell Public Works Department shall be submitted stating that the plans and specifications for the subdivision have been reviewed and approved by that department for compliance with City standards. Additional condition to read: "A note shall be placed on the face of the final plat which states 'Property owners waive protest to the creation of a special improvement district for the upgradc.of roads in the area to City standards which would be impacted by this subdivision". There was discussion concerning the alternate road plan and the future of Lot 21. The amendment carried unanimously upon vote. There was no further discussion. Resolution 4933 carried unanimously upon roll call vote. E14. CONDITIONAL USE PERMIT — IMMANUEL LUTHERAN CORPORATION Immanuel Lutheran Corporation has requested a conditional use permit to operate a day care center in an H-1, Health Care, zoning district for 36 to 40 children on property located on the north side of Crestline Avenue, northeast of US Highway 93. Larson moved approval of the conditional use permit for Immanuel Lutheran Corporation subject to the attached conditions. The motion was seconded. Wilson gave a staff report explaining the only opposition to the proposal is access. She said the planning board discussed the access and agreed to include a condition requiring the development of two way traffic off Claremont Avenue down to the site, and then essentially blocking access onto Crestline and Mission Streets except for emergency purposes. Wilson said prior to the meeting Kalispell City Council Minutes October 4, 2004 Page 4 Olson expressed concern about right turn traffic. She said after discussing the issue it's being suggested the Council add another condition to the permit that would require a sign at the driveway intersection with Claremont stating "Left Turn Only". Olson said if traffic leaving the development can only snake a left turn then they will be forced to travel up Claremont and use the light. Olson .moved a condition be added to the conditional use permit requiring a "Left Turn Only" sign at the entrance to Claremont from the property. The motion was seconded. Garner suggested the proper signage be "No Right Turn". Olson agreed to whatever the proper signage would be. Atkinson said he doesn't see the need, stating Buffalo Hills Terrace and other buildings in that area aren't required to make a left turn only onto Claremont and he doesn't see it being a deterrent to traffic down Mission Street. Wilson said she didn't think about it, but Carol Cockrell has informed her that they have staff that makes a right turn from this area to get to Immanuel Lutheran. She said coupled with the fact that this is a private driveway, maybe a better approach would be to talk with the clients asking them to use the light rather than trying to get onto Highway 93 ftom Mission Street. Olson withdrew his motion. The second concurred. There was further discussion. The main motion with no amendments carried unanimously upon vote. E15. CONDITIONAL USE PERMIT — FLATHEAD ELECTRIC COOPERATIVE Flathead Electric has requested a conditional use permit to construct an electrical distribution station on approximately .OS of an acre located at the southeast corner of Grandview Drive and US Highway 93. Herron moved approval of the conditional use permit for Flathead Electric Cooperative subject to the attached conditions. The motion was seconded. Wilson gave a staff report explaining this property is not well -suited for residential development and she feels this is a very good use of the site. There was no discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes October 4, 2004 Page 5 Ei6. RESOLUTION 4938 — RESOLUTION OF INTENTION TO ANNEX — 1400 WESTERN DRIVE This resolution is the first step necessary for the City to annex approximately two acres of property on Western Drive. Atkinson moved Resolution 4938, a resolution of intention to annex territory into the City of Kalispell, under the provisions of Title 7, Chapter 2, Part 44, M.C.A. (annexation of contiguous government land), comprising platted tracts of land and unplatted land that has been surveyed for which certificates of survey have been filed, more particularly described in Exhibit "A", to be designated as Western Drive Addition No. 353, directing the City Clerk to provide notice of this resolution as provided by law, and setting a public hearing. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Ei7. RESOLUTION 4939—RESOLUTION OF INTENTION TO ANNEX --1500 AND 1580 HIGHWAY 93 SOUTH This resolution is the first step necessary for the City to annex approximately six acres ofproperty on Highway 93 South. Gabriel moved Resolution 4939, a resolution of intention to annex territory into the City of Kalispell, under the provisions of Title 7, Chapter 2, Part 44, M.C.A. (annexation of contiguous government land), comprising platted tracts of land and unplatted land that has been surveyed for which certificates of survey have been filed, more particularly described in Exhibit "A", to be designated as Highway 93 South Addition No. 354, directing the City Clerk to provide notice of this resolution as provided by law, and setting a public hearing. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. El8. RESOLUTION 4940 — RESOLUTION OF INTENTION TO ANNEX — 215 1.6TH STREET WEST This resolution is the first step necessary for the City to annex approximately six acres ofproperty on 16th Street West. Larson moved Resolution 4940, a resolution of intention to annex territory into the City of Kalispell, under the provisions of Title 7, Chapter 2, Part 44, M.C.A. (annexation of contiguous government land), comprising platted tracts of land and unplatted land that has been surveyed for which certificates of survey have been filed, more particularly described in Exhibit "A", to be designated as 16th Street West Addition No. 355, directing the City Clerk to provide notice of this resolution as provided by law, and setting a public hearing. The motion was seconded. Kalispell City Council Minutes October 4, 2004 Page 6 Peters asked where this property is located. Wilson explained the property is just south of Rawson Field behind the City Shops. The motion carried unanimously upon roll call vote. E19. FINAL PLAT — DEMEESTER SUBDIVISION This is a request for final plat approval of four -lot residential subdivision located on the west side of 7th Avenue West, south of 11th Street West and Sunnyside Drive. Atkinson moved the Council accept the subdivision improvement agreement and approve the final plat for DeMeester Subdivision. The motion was seconded. Wilson gave a staff report. There was no discussion. The motion carried unanimously upon vote. Ef10. RESOLUTION 4941— AIRPORT LEASES This resolution sets the length of new construction leases at the City airport to twenty years and requires all new construction lease holders to enter into a Developers Agreement with the City. Peters moved Resolution 4941, a resolution to allow the terra of fangar leases at the Kalispell City Airport to extend to twenty years if so required by third party financing and to require new construction lease folders to enter into a Developers Agreement with the City of Kalispell. The .motion was seconded. Moyer gave a staff report explaining "new construction" leases would run a term of twenty years or the life of the financing up to twenty years with two five-year options to extend. Hafferman said when he joined the Council in 2002 he was informed the airport improvements would amount to approximately seven million dollars, of which FAA would contribute ninety percent. He said the City's portion would be obtained from the sale of property dedicated for use by the airport. Hafferman said he's consistently supported airport improvements, making sure the million dollars promised to the airport was not used for other projects. He added, however, on September 9th of this year he learned that the "movers and shakers" are anticipating using tax increment to finance utilities. Hafferman said during a work session held on September 20th, he learned there was "a move afoot" to extend the life of the airport tax increment district which is due to retire in 2006. He commented if that occurs, the taxpayers will be losers for a longer period of time. Hafferman said his support has since "flip-flopped" and he will not support the airport project, or any project that uses taxpayer monies for development. Mayor Kennedy commented she is confused by Hafferman's statement and asked him if he is speaking in favor or opposition to the issue of amending the airport leases. Kalispell City Council Minutes October 4, 2004 Page 7 Hafferman said he's not in favor of changing anything at the airport as long as there is a movement to use tax increment funds. Olson stated he had asked for an escape clause in the agreement and asked if one was included. Moyer answered the agreement states twenty years or the term of the financing. She said if the bank indicates that a fifteen year lease is adequate, then that's what it will be. Peters said he understands Haffenrnan's point and asked if the Council will eventually get to discuss running services to the airport. Moyer said when it comes to the airport, the City is the developer and it's the City's responsibility to make that property as viable as possible. She said it doesn't do the City any good to build a hangar without any paving to get there, or any utilities once you are there. Peters said he just wants to make sure that issue is discussed with the Council in the future, but as far as this resolution, he doesn't have any problem approving a twenty year lease to make the airport more attractive to build hangars. Herron asked if a twenty year lease is available if someone wants to pay cash. Moyer said the twenty year lease is strictly tied to financing. Someone wanting to pay cash would be offered a ten year lease. Herron commented from a business standpoint, that doesn't make sense. Olson noted the lease holder would have the option of two additional five year terms. The motion carried upon roil call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. E/11. RESOLUTION 4942 —REVISION TO THE ADOPTED 2002 TIF POLICY Resolution 4942 amends the current policy and application process for tax increment financing in all urban renewal districts. Gabriel moved Resolution 4942, a resolution to amend the policy and application process for tax increment financing in all urban renewal districts as authorized by Ordinance No. 933 on redevelopment projects in the City of Kalispell. The motion was seconded. Moyer gave a staff report explaining that some of the revisions include changing the interest rate and terms on TIF loans and deleting various sections of the policy that are no longer applicable. Atkinson said Hafferman had his opportunity to speak on tax increment funds and he'd like to comment on the positive side. He said in a tax increment district "the taxes that happen right now stay the same and those taxes go to the County; the School District and the City. Anything from this date forward, the increment goes to a fund that helps to develop the property within that tax Kalispell City Council _Minutes October 4, 2004 Page 8 increment district for a certain period of time. At the end of that period of time, that increment gets split up the way it normally does, to the County, the City and the School District." Atkinson said the reason the entities agree to relinquish some of the taxes over the period of the tax increment district is so that the economy can develop and the tax base becomes higher. He said it's essentially the foregoing of money to receive more money at a later date. The motion carried unanimously upon roll call vote. E112. ORDINANCE 1514 - EASTSIDE TRAFFIC CALMING MEASURES — 1ST READING Ordinance 1514 establishes several changes in the area around Hedges School to calm neighborhood traffic and enhance child safety. Gabriel moved first reading of Ordinance 1514, an ordinance instituting certain traffic calming measures on the east side of Kalispell, pursuant to Kalispell City Code 17-15 and amending Kalispell City Code 17-54H, 17-72-1 and 17-106B, authorizing the Kalispell City Attorney to recodify such code and declaring an effective date. The motion was seconded. Garner and Hansz gave a staff report, explaining this is part of the Safe Routes to Schools Program with similar traffic calming measures being looked at for Peterson, Russell and Edgerton schools. There was discussion and Hansz answered questions. Peters commented he'd like the City to think about putting in sidewalks on both sides of9th Avenue. The motion carried unanimously upon roll call vote. EI13. RESOLUTION 4943 - EMPLOYEE CLASSIFICATION OF COUNCIL The classification of Council members as City employees has never been defined in the City's policy manual. Resolution 4943 classifies Council members as permanent part-time. Peters moved Resolution 4943, a resolution classifying City Council members as permanent part-time employees. The motion was seconded. Garner explained it's important that Council members are classified as employees of the City. He said the permanent part-time status will make some members eligible for single coverage insurance, however, those Council members not already on the City's insurance policy are ineligible to obtain coverage at this time. Peters said he has no problem passing this resolution. He said it's not that the Council wants to make a special situation for certain members to get insurance, he feels it will "make it right for future Councils". He said the state and federal governments consider Council members employees and it's time the City follows suit. Kenyon commented this could get expensive in the future. Kalispell City Council Minutes October 4, 2004 Page 9 Garner stated it will have some financial rarnifications, however, it's a matter ofmaking the Council positions accessible to other members of the public. Hafferman said this resolution won't affect him, but he feels this designation will assure that future Council members aren't penalized for scrving and he doesn't see it as being a big expense. He said the only problem he has with this designation is that the employee needs to be loyal to his or her employer, which in this case is the taxpayer. The motion carried unanimously upon roll call vote. E/14. ORDINANCE 1515 - SALARY ORDINANCE A>t9ENDMENT —1ST READING Ordinance 1515 amends the salary ordinance to provide for expenses related to Council duties. Larson moved first reading of Ordinance 1515, an ordinance amending Ordinance 1506 to set an amount for payment of expenses to City Council members and declaring an effective date. The motion was seconded. Garner said a survey of class one cities revealed that Kalispell is one of the few that doesn't provide expenses for Council members. He said Council salaries have not been reviewed since 1997 when they were actually lowered. Garner said since then, Council members have been required to incur additional costs related to phone lines, computer hardware, the internet, and additional duties related to an increase in growth and services. He said the annual expense amount recommended by staff is $1,800.00 for the Mayor and $900.00 for each Council member, which is consistent with other stipends provided across the state. He emphasized that the Council needs to make the position accessible to everyone in the community without the fear of losing money. Haffennan said he doesn't have any problem with the amount of $1,800.00 for the Mayor because the duties of the Mayor are considerably more than that of other Council members. He added, however, that he does have a little problem with the $900.00 for everyone else. Hafferman said the amount is justified for certain members, but in his case, he doesn't feel it's necessary. Hafferman moved to amend Section Z to read: "Each Council Member of the City of Kalispell shall henceforth be reimbursed an annual sum up to $900 for expenses paid by the Council Member on business for the City". The motion was seconded. Peters said the Council didn't look at the salary of the Council, they looked at the fact that expenses in serving are rising. He said things are getting more expensive, such as internet access to download agenda items. Peters commented it's time the Council makes the position accessible to everyone and feasible for people to take time off from work. Garner noted that all of the cities surveyed are providing expenses on a monthly basis without the requirement for receipts. He suggested not making more work for the staff by requiring receipts for every expense the Council incurs. Hafferman explained he wasn't proposing receipts. He said he simply wants the Council to have a choice of how much they elect to take for expenses. Kalispell City Council Minutes October 4, 2004 Page 10 Garner said there is no requirement for the Council to take the full amount of the stipend. They just need to let administrative staff know how mach they require per month. The amendment failed upon vote with Hafferman, Kenyon and Peters voting in favor, and Atkinson, Gabriel, Herron, Larson, Olson and Mayor Kennedy voting against. Olson said everyone on the Council ran for the position knowing "how much money we were going to get". He said despite that, he does support giving the Mayor and those Council members involved in the City Manager hiring process a stipend because it took a lot of time and work. Olson said he would support a one -tune reimbursement, but he opposes any change in wages. Larson said he understands Olson's argument that "they all knew what they were getting into", however, he was elected to the Council in 1988 at a certain salary plus health insurance benefits. Since then, he said the expenses have gone up and the salary has gone down and he really didn't know what he was getting into in retrospect. Larson said there are a lot of auxiliary duties required of the Council that are not covered and he feels $75.00 a month is a fair reimbursement. The main motion with no amendments carried on a roil call vote with Atkinson, Gabriel, Herron, Larson, Peters and Mayor Kennedy voting in favor, and Hafferman, Kenyon and Olson voting against. F. MAYOR/COUNCIL/CITY IfIANAGER'S REPORTSNo Action) Mayor Kennedy announced this is Fire Prevention Week and asked everyone to install fire alarms, or if you already have alarms in your home, test them. Mayor Kennedy said the Montana League of Cities and Towns Convention starts Wednesday evening and thanked City employees Judi Funk, Pati Heath, Carol Kostman, Kathy Kuhlin, Terri Loudermilk, Jolene Shima, Lisa Simmer, Becky Spain, Barb Sullivan and Theresa White for their work in preparing for the convention. Larson said he appreciates the comments concerning the flag at the high school and suggested the Kalispell Youth Advisory Council be informed. Peters thanked Garner and the staff for all of their work during the absence of a City Manager. Garner said it's been a pleasure working with the staff and all he's had to do is "remember his first name". G. ADJOURN The meeting was adjourned at 9:25 p.m. Kalispell City Council ]Minutes October 4, 2004 Page 7 7