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1. Council Minutes - Regular Meeting - July 7, 2014A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JULY 7,2014, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, SANDY CARLSON, KAKI GABRIEL, CHAD GRAHAM, PHIL GUIFFRIDA, RANDY KENYON, TIM KLUESNER, AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Public Works Director Susie Turner, Planning Director Tom Jentz, Senior Planner Kevin LeClair, and Deputy City Clerk Judi Funk. Mayor Johnson called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Guiffrida moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — June 16, 2014 2. Ordinance 1.741 — Amending Kalispell Municipal Code 15-12 — 2nd Reading This Ordinance amends the city code regulating vending inthe public way to specify one $10 vending fee required per special event permit and reduces the process time from ten days to three days. Ordinance 1741 passed unanimously on first reading June 16. 3. Bid Award — 4"' Avenue East & 9t" Street East Storm Water Improvement PIQigq Three bids were received for this project from Knife River, LHC and Paveco. Staff recommended the contract be awarded to Paveco in the amount of $281,247.99. 4. Proclamation — Glacier Rally in the Rockies — July 18 & 19, 2014 Kenyon moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. None. Kalispell City Council Minutes July 7, 2014 Page 1 Mayor Johnson opened the public hearing. Opponents Fred Kluesner, 14 t 8 Woodland Avenue, stated "enough is enough"; seniors on fixed incomes cannot handle any more taxes. He said he is strongly opposed to paying for what he does not have, including streetlights. Larry Sartain, 115 West Monture Ridge, representing Silverbrook Estates, submitted a letter opposing the expansion because Silverbrook Estates has its own private lighting system. Jeff Zauner, 37 Glacier Circle, Glacier Commons Homeowners' Association President, commented Glacier Commons' residents are also opposed to the assessments, noting the fairest thing to do is for the city to take over operations and maintenance of all private lighting and charge everyone the same amount. Leland (Wally) Walbruch, 134 Fairway Boulevard, Fairway Boulevard Homeowners' Association President, remarked they also have a private street lighting system and asked if they can get assistance from the city to upgrade their lighting system if this is approved. Larry McCrae, 136 Fairway Boulevard, stated they handle their own maintenance and utilities for their system and have already stepped up to the plate in taking care of their own needs. Tom Rygg, 820 East Idaho, commented he is also opposed and will derive no benefit from the additional assessment. Proponents None. Mayor Johnson closed the public hearing. (Letters received prior to and during the public hearing are attached hereto and made a part of the official record) None. Kalispell City Council Minutes July 7, 2014 Page 2 J I I I I I I I Il �. F11. ORDINANCE 1742 — EXPANDING LIGHT MAINTENANCE DISTRICT —1ST READING Ordinance 1742 expands the Light Maintenance District to include all properties within the limits of the City of Kalispell. Russell gave a report and Turner gave a presentation and answered questions. Public Comment Jeff Zauner, 37 Glacier Circle, said the issue is not the dollar amount, but fairness; a developer foots the bill for infrastructure and then the city starts charging years later because of a need to cover a future deficit. Larry McRae, Fairway Boulevard HOA, stated they pay $85 a year to maintain their own lighting system and if this additional assessment is approved, the city should take over their lighting and maintenance costs. Larry Sartain, S ilverbrook Estates, commented the city needs to "quit kicking the can down the road" and reallocate property taxes from vacant land. Tom Rygg, 820 East Idaho, remarked the city has four years before the budget runs negative and there is no need to have this right now. Wally Walbruch, Fairway Boulevard HOA, stated they have aging infrastructure and lights, and it is a continuing expense to maintain what they have today. Guiffrida moved first reading of Ordinance 1742, an ordinance expanding the City of Kalispell Light Maintenance District pursuant to the authority provided by and under the procedures of MCA 7-12-4301, authorizing the city attorney to codify the same and declaring an effective date. The motion was seconded. Council Discussion Guiffrida commented right now there is a small part of the population that is paying for the whole lighting district and this proposal will spread the costs. Mayor Johnson said he appreciates the comments from those with private lighting systems and requested another work session on the issue. Gabriel agreed. Atkinson moved to table Ordinance 1742 indefinitely. The motion was seconded. The motion to table carried unanimously upon vote. Kalispell City Council Minutes July 7, 2014 Page 3 F/2. CONDITIONAL USE PERMIT — MONTANA ACADEMY This is a request for a conditional use permit to use an existing single-family residence at the comer of 3rd Avenue East and 11 th Street East as a group home for eight or fewer teenagers. LeClair gave a report and answered questions. Public Comment Dr. John McKinnon, 465 Orchard Ridge, co-founder of Montana Academy, introduced some of his staff and students and offered to answer questions. Rita Fitzsimmons, 233 5th Avenue East, said she lives between two of Montana Academy's group homes, adding she is a strong supporter and loves having them as neighbors. Atkinson moved council approve the conditional use permit for 1045 3rd Avenue East for use as a Montana Academy group home with the listed conditions. The motion was seconded. Council Discussion Guiffrida commented he will vote against the conditional use permit, not because he is opposed to the Montana Academy, but because he takes exception to the state telling local governments they have no say on the issue. Saverud and Carlson spoke in favor of the motion and Mayor Johnson thanked Dr. McKinnon for taking such a strong interest in our youth. The motion carried upon vote with Atkinson, Carlson, Gabriel, Graham, Kenyon, Kluesner, Saverud, and Mayor Johnson voting in favor, and Guiffrida voting against. F/3. CONDITIONAL USE PERMIT — BEEHIVE HOMES This is a request for a conditional use permit to develop a multi -structure residential care facility on undeveloped land located at 242 Stillwater Road. LeClair gave a report and answered questions. Public Comment Mike Fraser, 690 North Meridian, representing the developer, outlined the project and answered questions. Kluesner moved council approve the conditional use permit for Beehive Homes with the conditions as amended by the planning board. The motion was seconded. Kalispell City Council Minutes July 7, 2014 Page 4 Council Discussion None. The motion carried unanimously upon vote. F/4. ALCOHOL SPECIAL EVENT PERMIT — ARTS IN THE PARK The Hockaday Museum of Art requested a permit to sell alcohol as part of its annual Arts in the Park festival July 17 through July 20, 2014. Russell gave a report. Public Comment Barry Conger, Columbia Falls, representing the Hockaday, answered questions regarding the request. Joe Apple, 203 Garland Street, spoke against allowing alcohol as part of any special event. Kenyon moved council approve the alcohol special event permit for Arts in the Park. The motion was seconded. Council Discussion Saverud said he will abstain from voting as he is on the Hockaday Museum of Art Board of Directors. The motion carried upon vote with Carlson, Gabriel, Graham, Guiffrida, Kenyon, Kluesner, and Mayor Johnson voting in favor, Atkinson voting against, and Saverud abstaining. F/5. CONTRACT RATIFICATION — AFSCME UNION, LOCAL 256 Russell gave a report and answered questions. Public Comment None. Saverud moved council ratify the Collective Bargaining Agreement between the city and AFSCME Union, Local 256. The motion was seconded. Council Discussion Guiffrida and Mayor Johnson thanked everyone involved with the negotiations. The motion carried unanimously upon vote. Kalispell City Council Minutes July 7, 2014 Page 5 LVMEEWIW�' MM111 � '' � , � 1 1119 � III I i I I �i 1 311`11! :1� 555IFF'651,11 ! Is The TBID Board of Directors has requested council confirmation for the board appointment of Vanessa Nordahl. Russell gave a report. Public Comment None. Atkinson moved council confirm the appointment of Vanessa Nordahl to the TBID Board of Directors. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote. G. MAYOR/COUNCIL/CITY MANAGER REPORTS (No Action) Russell informed council the next work session will focus on proposed Memorandums of Understanding with the Kalispell Golf Association and Kidsports. He said a work session on the proposed expansion of the light maintenance district will be scheduled in the future. Mayor Johnson presented retiring city council member Randy Kenyon with a plaque and thanked him for his years of service. He said if anyone is interested in this Ward 3 council position, letters of interest must be received by July 25. mznlnff�� The meeting was adjourned at 9:48 p.m. Theresa White City Clerk Kalispell City Council Minutes July 7, 2014 Page 6 Theresa White From: Larry .Silverbrook [larrysilverbrook@gmail.com] Sent: Monday, July 07, 2014 4:45 PM To: Theresa White Subject: Light Maintenance District Proposed expansion of light maintenance district. On behalf of both the residents and the developer of Silverbrook Estates I would like to express our opposition to this proposal. During the initial zoning and annexation into the City we were told that in exchange for our installing, maintain and paying the power bill on our street lights that there would be no future assessments. We have a hard time understanding the City's logic considering we spend an average of $750 per month on power usage, and another $6,000 annually for bulb replacement and light maintenance or about $15,000 annually. We would gladly pay the assessment if the City were willing to assume these costs. The city is looking to generate a total of $4,275 annually from Silverbrook's phase 1 with this proposal. Silverbrook currently has approximately 50 lots developed in our phase 1 leaving over 200 lots undeveloped. You are proposing to generate revenues from some 200 plus lots that have absolutely zero impact on lighting anywhere in the city. We encourage the members of the council to reject this proposal and look for a better revenue source. Thank you. 115 West MontureRidge Kalispell, 59901 A� ALLIS-CHALMERS BARKO Fiat -Allis NORTHWEST MACHINERY, Inc. LOGGERS — CONTRACTORS New — Used — Rentals P.O. Box 47 Kalispell, Montana 59903-0047 (406) 257-4388 ® (406) 257-4383 Fax RMTAUi 1 Please be advised I want to voice my opposition to the expansion of the lighting expansion as proposed. My wife and I own a parcel of 6.593 acres. A limit of 5 acres comes to a considerable amount 5x43560 = 217,800 square feet x.003 totaling $653.40. I have previously tried to get help with lighting in the areas but have been limited to our lights on our building and neighbor's lights. If you would care to visit with me on this issue, I would be happy to meet with you on a one-on-one. Until then, I cannot even consider support for this issue. Thank you. • cc: Mark Johnson, Mayor Doug Russell, City Manager City Council Theresa White From: Will Carson [wi/lcar on11@hohnaiioVm] Sent: Friday, June 2O.2O14t2:07PM To: Theresa White Subject: Resolution 5677 Streetlights RE Resolution 5677 Lighting Dear Kalispell City Council: | 8[D against placing additional aS5e55nD2ntS against my property in Kalispell for streetlights. \ currently live in 3 town ofabout 6,500people along the coast ofCalifornia. There are NOstreetlights inthe residential areas of tnvvD. | hope toretire someday and spend half the year inKalispell. The area | live atnow has nostreetlights. Italso has nocrime. Ifthe residents leave their homes atnight, we either take aflashlight orturn onthe porch light. The lack ofstreetlights gives the neighborhood amore rural feel. The lots here are not large, about the same size asthe lots inthe older part OfKalispell near the old hospital. | can gooutside Onaclear night and see the " Milky Way". | truly believe | sleep better without light streaming in from a streetlight late at night. When | first moved to a neighborhood without streetlights, I thought no streetlights was backward thinking and |8S3 civilized, less safe, more dangerous driving, etc. What | discovered was "fewer streetlights is more natural, costs less, and promotes abetter living neighborhood. As|say this, | know you are thinking "kooky Californian" Well |annconservative, have lived inMontana longer than inCa. Mywife isanative Montanan and all my kids were born in Montana. Your third "WHEREAS" statement, I hate to say it, is B.S. Just read it again to yourself. Fina|ky, | ran the numbers, it is not a big assessment, | see that. But | do believe it is a waste of money to just "leave the lights onALL NIGHT LONG" We don't doitinour home vvhemevvelive, vvhydObOvertheentire town. Thank you for your consideration. Will Carson 719QSouth Woodland Dr.