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03/05/07 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P,M., MONDAY, MARCH 5, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B, KENNEDY PRESIDED, CO[1NCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, HANK. OLSON, AND DUANE LARSON WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Detective Lieutenant Jim Brendan, Public 'Works Director Jim. Hansz, Fire Chief Randy Brodehl, Community Development Director David Foster, Rousing Manager Lynn Moon, Community Redevelopment Manager Sandy Wheeler, Building official Craig Kerzman, Planning Director Tom Jentz, Senior Planner Sean Conrad, Planner II Nicole Johnson, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson 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 — Re ular Meeting — February 20 007 Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT John Thomas, ADZ Engineering, spoke in favor of Fox Trotter Estates and stated he will be available for questions. Arthur Nowak, TeleTech Site Director, spoke in favor of the TeleTech block grant application. He said TeleTech currently employees 410 people and if the grant is approved an additional 80 jobs will be created. He added that S 1 % of these positions will support or benefit low to moderate income individuals. Kalispell City Council Minutes March S, 2007 Page l Jane Nolan, Proctor, Northwest Montana Human Resources Chief Financial officer, spoke in favor of grandfathering the impact fees for Northwest Montana Human Resources explaining that the budgets for the self-help housing program were in place before the fees were enacted. Connie Leistiko, 5 Windward Loop, stated she is interested in the Council vacancy for Ward 2 and detailed why she Would like to be considered. Charles Lapp, 3230 Columbia Falls Stage Road, speaking on behalf of the Flathead Builder's Association, asked the Council to deny grandfathering the impact fees for Northwest Montana Human Resources, stating this would not be in the best interest of the community. Jayson Peters, 342 6th Avenue West, spoke against grandfathering the impact fees for Northwest Montana Human Resources because the Council would not reduce them for any other contractors building affordable housing. He said mutual self help housing works, but the agency administering this program., Northwest Montana Human Resources, has gotten too big and bureaucratic and asking for this impact fee exception is the result of poor money management and lack of planning. Alex Hilton, 353 3rd Avenue EN, spoke against grandfathering the impact fees because this issue could have been avoided if they had bought their building permits last fall before the fees went into effect. He said every budget should have a contingency added and he feels the impact fees can be taken care of without putting the cost on the back of the taxpayers. Wayne Saverud, 150 Buffalo Stage, expressed his interest in the Council vacancy for Ward 2 and detailed why he would like to be considered. Beau Bledsoe, TeleTech Unit Manager, asked for Council support of the TeleTech grant application, stating he started at TeleTech in an entry level position. Narda Wilson, Columbia Falls, representing Spring Creek Estates, asked for Council's approval of the final plat. Ron Hoye, Soo 7th Avenue East, spoke in support of appointing Wayne Saverud to the vacant Ward 2 Council seat. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/I. RESOLUTION 5181 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING -- CDBG GRANT This resolution states the Council's intention of authorizing the submission of a Community Development Block Grant on behalf of the Flathead Attention Home, a youth shelter program. A public hearing would be scheduled for May 7. Kalispell City Council Minutes March 5, 2007 Page 2 Atkinson moved Resolution 5181, a resolution of intent to authorize submission of a grant application to the Montana CDBG Public Facilities Program and setting a date for a public hearing. The motion was seconded. Moon gave a staff report and answered questions. Mayor Kennedy commented this program is a valuable asset to the community and she would like to see the public speak in support of a permanent attention home. The motion carried unanimously upon roll call vote. E12. RESOLUTION 5182 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING - JOINT CDBG GRANT This resolution states the Council's intention of authorizing the submission of a joint Community Development Block Grant application with Flathead County on behalf of TeleTech. A public hearing would be scheduled for April 2. Larson moved Resolution 5182, a resolution of intent to authorize submission of a joint grant application to the Montana CDBG Economic Development Program and setting a date for a public hearing. The motion was seconded. Wheeler gave a staff report and answered questions. Hafferrnan remarked the taxpayers should have additional information prior to the public hearing, such as a summary of TeleTech's present performance including the current number of employees, their positions, and their salaries. He said he would also like to see a breakdown of what the $800,000 grant money would be used for. Kluesner agreed that more information is needed. Olson, Mayor :Kennedy, and Atkinson spoke in favor of the grant application stating these grants are specifically earmarked for education and if we don't apply for these grants somebody else will. The motion carried unanimously upon roll call vote. E13. ORDINANCE 1601-- INTERNATIONAL BUILDING CODES --1ST READING Ordinance 1601 follows the State's adoption of the 2006 editions of the major building codes with the exception of the International Energy Conservation Code. Gabriel moved first reading of ordinance 1601, an ordinance to amend ordinance No.1575 by adopting, by reference, the amendments to the Administrative Rules of Montana [ARM] at 24,301,1319 24.301.138, 24.301.142, 24.301.146, 24.301.154, 24.301.1719 24.301,1729 24.301.173, 24.301.2089 24,301,301.9 24.301.6029 24,301.7109 24,301,714, 24,301.7179 24,301.718, and Kalispell City Council Minutes March S, 2007 Page 3 24.301.719, and the adoption of New Rule I as they may pertain to those portions of the "International Building Code (IBC)II, 2006 Edition, the "International Residential Code (IRC)19, 2006 Edition; the "International Existing Building Code", 2006 Edition; the "International Mechanical Code", 2006 Edition; the "International Fuel Gas Code", 2006 Edition; and the " Uniform Plumbing Code ", 2006 Edition, as previously adopted by the City of Kalispell in Ordinance No.1499 as the building codes of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. Kerzman outlined the major changes, emphasizing the codes would be enforced starting around the end of April. He said any plans submitted prior to that time are date stamped and the inspections are done under the 2003 codes. Hafferman said the public should be fully informed of the pending changes and the costs that may be incurred, especially when the Council has been talking about affordable housing. Hafferman moved to table ordinance 1601 for two weeks pending a complete list of the changes and their monetary impacts. The motion was seconded. The motion to table failed upon vote with Hafferman, Kluesner, and Olson voting in favor, and Atkinson, Gabriel, Kenyon, Larson, and Mayor Kennedy voting against. There was further discussion and Kerzman answered questions. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. E/4. PRESENTATION —ANNEXATION, INITIAL ZONING. AND PRELIMINARY PLAT REQUEST —FOX TROTTER MEADOWS FESN, Inc. has requested annexation, zoning, and preliminary plat approval on approximately I I acres located on the west side of Stillwater Road. Conrad gave a staff report explaining that after the planning board hearing on December 12, the property owner to the west withdrew a 30-foot strip of land from the annexation request. He said this resulted in the developers having to revise their plans and they are now requesting a variance to the road design standards to allow a 45-foot wide right-of-way instead of the required 60-foot right-of- way. Conrad said the variance request went before the Planning Board in February and they unanimously recommended the variance request be approved. Mayor Kennedy noted that a proposed 9/10 of an acre park is located off site from the subdivision and asked why a cash -in -lieu fee wasn't accepted instead. Kalispell City Council Minutes March 5, 2007 Page 4 Conrad answered the Parks and Recreation Director determined that the area surrounding the park will be developed soon and will provide an area for a community park in the future. Mayor Kennedy expressed concern that the City will be responsible for anything that occurs on that property, such as a fire, in the meantime. Atkinson said he's also a little concerned about the property being a half mile away from the development, but added it looks like the parks Department is hedging its bets for the future. Hafferman commented parks land should be taken on site and then later the City can sell that property to purchase land for a regional park. He also criticized the road alignment, stating it is against our regulations and we should not perpetuate bad intersections. Hafferman said the plan needs to be reworked. There was discussion about traffic on Parkridge Drive and Conrad noted that road will be abandoned once the bypass is developed. Hansz agreed with Hafferman that the road alignment is not the best of possible worlds, but he noted that there are a number of intersections in the City where far higher traffic volumes deal with misalignments than this subdivision will produce. luesner said he also has concerns with the road situation and the park being so far away from the development. Kenyon stated he has the same concerns, but in both cases the Planning Board and the Parks Department have thoroughly looked at the proposal and he is going to move forward and vote in favor of the development. E15. RESOLUTION 5153 — ANNEXATION — FOX TROTTER MEADOWS The property proposed for annexation is located on Stillwater Road at the northwest corner of the intersection of Stillwater Road and Parkridge Drive. Gabriel moved Resolution 5183, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described as Tract 2 of Certificate of Survey 7084 and a portion of Parcel A of Certificate of Survey 15697, and as more particularly described on Exhibit "A" in Section 2, Township ZS North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Fox Trotter Addition No. 389; to zone said property in accordance with the Kalispell zoning Ordinance, and to declare an effective date. The motion was seconded. Hafferman stated he will vote against the annexation because of the remote park area and the road alignment which should be reworked because it creates an unsafe condition. There was no further discussion. Kalispell City Council Minutes March 5, 2007 Page 5 The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. E/6. ORDINANCE 1602 — INITIAL ZONING — FOX TROTTER MEADOWS — 1ST READING FESN, Inc. is requesting a zoning designation of R-2, Single -Family Residential, on the property mentioned above. Larson moved first reading of ordinance 1602, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property, more particularly described as Tract 2 of Certificate of Survey 7084 and a portion of Parcel A of Certificate of Survey 15697, in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County AG-80, Agricultural, and SAG-5, Suburban Agricultural) to City R-2 (Single Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and. Kluesner voting against. E/7. RESOLUTION 5184 —PRELIMINARY PLAT —FOX TROTTER MEADOWS FESN, Inc. is requesting preliminary plat approval to create a 24-lot subdivision on the property mentioned above. Kenyon moved Resolution 5184, a resolution conditionally approving the preliminary plat of Fox Trotter Meadows Subdivision, more particularly described as Tract 2 of Certificate of Survey 7084 and a portion of Parcel A of Certificate of Survey 15697, in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Harball asked the Council to consider an amendment adding language to the resolution approving the requested variance and offered a suggested motion. Atkinson moved an amendment to Resolution 5184 by adding Section IV stating: "The variance requested by FESN, Inc. and recommend by the Kalispell City Planning Staff and the Kalispell City Planning Board to alter the road design of Fox Trotter Lane from a 60 foot cross-section to a 45 foot cross-section is hereby approved by the Council". The motion was seconded. The motion to amend carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. Kalispell City Council Minutes March S, 2007 Page 6 There was discussion concerning stormwater issues and Patrick reminded the Council that new stormwater regulations will be coming before the Council at the next meeting. The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy, and Hafferman and Kluesner voting against. EIS. ORDINANCE 1603 — PLANNED UNIT DEVELOPMENT AGREEMENT AMENDMENTS - WESTWOOD SUBDIVISION —1ST READING This is a request for amendments to the preliminary plat approval for Westwood Park which removes reference to an emergency secondary access and replaces the references with "emergency turn around". Larson moved first reading of ordinance 1603, an ordinance authorizing and adopting an amendment to the Westwood Park Planned Unit Development Agreement. The motion was seconded. Jentz gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote. EI9. RESOLUTION 5185 - FINAL PLAT -- AMENDED PLAT OF LOT 6, BLOCK 251 This is a request for final plat approval for a residential subdivision that creates two sublots located at 1342 Third Avenue East. Kenyon moved Resolution 5155, a resolution approving the final plat and Subdivision Improvement Agreement of the Amended Plat of Lot 6, Block 251 Kalispell Addition No. 7, located in Section 17, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana. The motion was seconded. Johnson gave a staff report, reminding the Council that they approved an amendment to the condition on November 20 exempting the applicant from installing a sidewalk along 14th Street East. She said a sidewalk, however, will be installed on the east side of Lot b along 3rd Avenue East as well as along Lot 5 to the north. Atkinson stated he is still not comfortable with the amendment made by the Council and because he feels sidewalks, whether they connect to anything or not, are crucial to the City. Olson said even though he will vote in favor of the final plat he reminded Council what he said at the November 20 meeting, that the wisdom of the Council not to require sidewalks such as this is the reason there are areas all over Kalispell without them. Kalispell City Council Minutes March S, 2007 Page 7 The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson voting against. Ello. FINAL PLAT -- SPRING CREEK ESTATES This is a request for final plat approval of Spring Creek Estates, a 174-lot residential subdivision on approximately 51 acres located on the south side of Three Mile Drive. Gabriel moved Council approve the final plat and accept the Subdivision Improvement Agreement for Spring Creek Estates. The motion was seconded. Conrad gave a staff report explaining that the name has been changed to Spring Creek Estates I because the County has accepted a separate subdivision with the same name. Atkinson stated he likes this design because it has alleys which will put porches on the front of the houses instead of garages, making this a friendly neighborhood. The motion carried unanimously upon vote. EI11. RESOLUTION 5186 — VALLEY BANK LAND EXCHANGE This resolution states the Council's intention to approve a land exchange with Valley Bank for the purpose of developing new banking and parking facilities. Larson moved Resolution 5186, a resolution to approve the proposal of Valley Bank for a land exchange between the City and Valley Bank and for the development of a new Valley Banking facility and parking facilities and to direct the City Manager to negotiate the terms of a Developer's Agreement and Purchase and Sales Exchange Agreement with Valley Bank. The motion was seconded. Patrick gave a staff report and answered questions. Atkinson said the City will be reducing its number of parking spots downtown if this trade is approved. He said if we are going to do that then we need to be committed to a redesign that includes a parking garage. The motion carried unanimously upon roll call vote. E112. MOTION To GRANDFATHER APPLICATION FOR SELF-HELP MOUSING -- NORTHWEST MONTANA HUMAN RESOURCES Northwest Montana Human Resources is asking the Council to grandfather impact fees to the date of a grant application to the USDA for self-help housing. Kalispell City Council Minutes March 5, 2007 Page 8 Larson moved Council grandfather the impact fees for Northwest Montana Human Resources' Application for self-help housing to the date of grant submission to the USDA. The motion was seconded. Patrick gave a staff report and answered questions. Larson stated he feels we are not grandfathering the fees for Northwest Montana Human Resources, but instead for the applicants. He said they are stuck in a Catch-22 and they shouldn't be subjected to a new rule; they should just have to comply with what was in effect at the time of the application. Hafferman commented that impact fees are implemented to pay for growth and these fees were discussed long before they were implemented. He said the City is being asked to waive impact fees in the amount of $1,665 per household. Hafferman stated impact fees were implemented to pay for growth and taxpayers will have to subsidize the costs if they aren't paid. Atkinson noted that the grant process is time consuming and difficult with the time between submission and grant approval being quite long. He said these people should not suffer because the City changed the rules. Olson said he feels they did what they were supposed to do and were given certain figures when they asked. He said Kerzman noted that when building plans are approved the inspectors use the code that was in effect at the time the permit was issued. Olson said he doesn't see any difference here. Kluesner commented he feels the City is bailing out Northwest Montana Human Resources, not the homeowners. He questioned what other options have been looked at to fund these additional fees, including other grants, cutting back on construction costs, and liens. Kluesner said in addition, he is concerned that there will be a perception that we are setting a precedent and showing preferential treatment to this organization. Kenyon agreed that Northwest Montana Human Resources could have handled this situation better, but he also agrees that if the Council denies this request we would be punishing 16 families. He said he still hasn't decided how he is going to vote. Gabriel said what it comes down to for her is that the City can help 16 families get into homes. She said the fees were created after the application was submitted and she will support this. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. E113. RESOLUTION 5157 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — TRANSPORTATION IMPACT FEES This resolution states the Council's intention to consider the adoption of impact fees for transportation services and schedules a public hearing for March 19. Kalispell City Council Minutes March 51, 2007 Page 9 Larson moved Resolution 5157, a resolution of intent to establish impact fees for City of Kalispell Transportation Facilities pursuant to MCA 7-6-1601 through 7-6-1604, setting a public hearing and directing the City Clerk to provide notice therefore. The motion was seconded. Harball gave a staff report and answered questions. Mayor Kennedy stated she feels the impact fees should be discussed during a Council work session prior to holding a public hearing. Patrick responded a work session is scheduled for this coming Monday, but the Council can certainly postpone the public hearing if it wishes. Kenyon moved to amend Resolution 5157 by changing the public hearing to April 2. The motion was seconded. Olson stated he is not sure what the Council will learn in the work session. He said the City has a committee that has done a tremendous job in working through these fees and he's amazed the Council wants to second guess the committee. The amendment carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, and Mayor Kennedy voting in favor, and Olson voting against. There was no further discussion. The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, K.luesner, Larson, and Mayor Kennedy voting in favor, and Olson voting against. E/14, COUNCIL VACANCY -- WARM 2 Five letters of interest were received for the Ward 2 Council seat vacated by Bob Herron on February 17. John Harlow, Franklyn Jones, Connie Leistiko, Robert Norwood, and Wayne Saverud are requesting appointment to the seat for the remainder of Herron's term. There was discussion as to the nominating and voting process. Atkinson moved that nominations be taken from. the Council with a voice vote taken on each nominee; if any nominee does not receive a majority vote then the two nominees receiving the highest number of votes would be voted on a second time. The motion was seconded. Larson commented he has been involved in this process several times and it can take quite a long time, especially if there is a tie vote. He said that is why he would like to see secret ballots; people are more inclined to change their vote if they can do it anonymously. Kalispell City Council Minutes March S, 2007 Page 10 Atkinson offered that if the second concurs he would be willing to change the vote to a secret ballot. The second did not concur. The motion Carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. Mayor Kennedy opened the floor to nominations. Gabriel nominated Connie Lestiko. The motion was seconded. Kluesner nominated Wayne Saverud. The motion was seconded. Mayor Kennedy closed the nominations. With a show of hands Gabriel, Kenyon, Larson, and Mayor .Kennedy voted in favor of Leistiko, and Atkinson, Hafferman, Kluesner, and Olson voted in favor of Saverud. Atkinson moved the nominees draw straws. The motion was seconded. Harball explained that drawing straws is not a legal vote. Atkinson withdrew his motion. Kluesner moved the Council vote by secret ballot. The motion was seconded. John Stang, Daily Interlake reporter, protested the secret ballot stating no other vote is done by secret ballot and he feels the public has the right to know who each member is voting for. Harball responded that Stang has a reasonable point and suggested the Council members try to resolve this issue without using a secret ballot. The motion failed unanimously upon vote. Two additional votes were taken for each nominee with the same result both times; with a show of hands Gabriel, Kenyon, Larson, and Mayor Kennedy voted in favor of Leistiko, and Atkinson, Hafferman, Kluesner, and Olson voted in favor of Saverud. Mayor Kennedy suggested tabling the issue in hopes that someone will change their mind. Gabriel informed the Council she will be out of the area for the next two meetings. Kluesner moved to table the appointment to the March 19 meeting. The motion was seconded. The motion to table failed upon tie vote with Atkinson, Hafferman, Kluesner, and Olson voting in favor, and Gabriel, Kenyon, Larson, and Mayor Kennedy voting against. Kalispell City Council Minutes March 5, 2007 Page I I Olson moved to table the appointment to a Special Meeting on Thursday, March S, at 12:00 p.m. The motion was seconded. The motion carried upon vote with Atkinson, Rafferman, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Gabriel and Kenyon voting against. F. MAYO COUNCIL CITY MANAGER'S REPORTS No Action Olson asked that a work session be scheduled to discuss a Council policy for appointing new members when a vacancy occurs. Kluesner and Kenyon thanked Councilor Herron for his service to the City and the Council. Patrick stated he attended a bypass meeting Saturday with Senator John Tester and he was assured that Tester and Senator Baucus will do their best to find appropriations for the bypass. Patrick gave Council an update on the AFSCME negotiations. G. AD,JOURN The meeting was adjourned at 10:27 p.m. ATTEST: Theresa white City Clerk Approved March 19, 2007 Kalispell City Council Minutes March 5, 2007 Page 12