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05/07/07 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.1VI., MONDAY, MAY 7, 2007, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED, COUNCIL MEMBERS JIM ATKINSON, KART GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, HANK OLSON, DUANE LARSON, AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Public Works Director Jim Hansz, Fire Chief Randy Brodehl, Prevention Chief DC Haas, Finance Director Amy Robertson, Parks Director Mike Baker, Planning Director Torn Jentz, Planner II Nicole Johnson, Community Development Director Dave Foster, and Airport Manager Fred Leistiko. 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 — Rejaular Meetin — April 16, 2007 2. Award Bid — Fairway Boulevard Lift Station Force Main Replacement Only one bid was received for replacement of the sewer force main from Fairway Boulevard lift station number 9. Staff is recommending the bid be awarded to Murphy Pipeline Contractors, Inc. of Jacksonville, Florida. 3. Award Bid — Sidewalk & Curbing Construction for Year Endimz December 31 2007 Only one bid was received for this contract which is primarily for the 20071200E sidewalk replacement program. Staff is recommending the contract be awarded to S andon Construction of Kalispell. 4. Proclamation — Stam out Hun er Food Drive Da — May 12 2007 5. Proclamation — Mental Health Month Saverud moved approval of the Consent Agenda, The motion was seconded. There was no discussion. Kalispell City Council Minutes May 7, 2007 Page 1 The motion carried unanimously upon roll call vote, C. STUDENT ISSUES None. D. PUBLIC COMMENT Ron Trippett, 323 Main Street, thanked the Council for upgrading the lift station at Fairway Boulevard, requested that Joel Schoknecht be appointed to the Parking Commission', asked the Council to approve a zoning designation for less density for Ashley Heights; and noted that the Council will be discriminating against mules if it only allows horses inside the City limits. Erica Wirtala, Sands Surveying, spoke in favor of the Preliminary Plat for the Resubdivision of Ashley Square, adding that the developer is in agreement with all of the conditions. Hubert Turner, Ashley Heights, LLC Manager, noted the growth policy allows for up to 1.2 units per acre in this area, adding he shouldn't be punished for problems created from another developer. Turner emphasized the density of the subdivision will allow for affordable housing which provides people a stepping stone to something bigger and better. The following spoke against the Ashley Heights annexation and zoning re nest: John Hammett, 1215 Sunnyside Drive, noted traffic is a major issue and asked that the Council leave the property in the County with an R-1 zoning designation. Dale Pierce, 1015 Ashley Drive, stated a City R-4 zoning designation is too dense, adding the road is substandard now and if an additional So cars are added it will be a mess. David Downey, 1125 Sunnyside Drive, also emphasized the danger of adding additional traffic on this road. Angie Kruckenberg, 1116 Sunnyside Drive, made an emotional appeal criticizing the project. She stated the roads are too narrow to handle additional traffic and that area is plagued with flooding problems. E. PUBLIC HEARING — PARKS AND RECREATION COMPREHENSIVE MASTER PLAN Mayor Kennedy opened the public hearing. Charles Lapp, 3230 Columbia Falls Stage Road, stated the Council needs to be cautious with a plan that is heavily based on bonding. He said the plan also lacks consideration for developers developing parks and cash -in -lieu monies. Kalispell City Council Minutes May 7, 2007 Page 2 Richard Kuhl, 867 North Main, commented the City is overdue for a Parks plan and now is the time to get the land because it's not getting any cheaper. He suggested the Council review the plan every two or three years and look at trail systems for Lone Pine State Park and the area north of Grandview Drive. Mayor Kennedy closed the public hearing. F. PUBLIC HEARING — CDBG PUBLIC FACILITIES GRANT — FLATHEAD ATTENTION HOME Mayor Kennedy opened the public hearing. Lance Isaak, 728 8th Avenue West, stated the Flathead Attention Home worked with 135 kids last year, adding these are kids between the ages of ten and eighteen whose lives are in crisis. He said a stable environment is crucial in order to help them work through the chaos in their lives. Hannah Plum, whitefish, asked the Council to support the grant and provided a history of the home and how staff has struggled to keep it going. Sheila Smith, Director of Stillwater Therapeutic Services, commented the Attention Horne is an extremely valuable resource in the community and urged Council support. Pat Warnecke, Flathead County Youth Detention Center, reported the Attention Home actually saves taxpayers money. He said before the home was established it cost approximately $225.00 a day to detain a youth at the detention center and the facility was overflowing because they had nowhere else to go. He said the youth shelter provides a home for these kids for under $100-00 a day. Michelle Habel, 201 Indian Trail Road, said her 16 year old daughter resided at the facility for nine weeks during her separation from her husband. She said her daughter was continually running away and the Attention Home provided a safe haven during this difficult time. Mayor Kennedy closed the public hearing. G. PUBLIC HEARING —BUDGET AMENDMENT — W WTP EXPANSION PROJECT Mayor Kennedy opened the public hearing. No one spoke. Mayor Kennedy closed the public hearing. H. PUBLIC HEARING —BUDGET AMENDMENTS —YEAR END ADJUSTMENTS Mayor Kennedy opened the public hearing. No one spoke. Kalispell City Council Minutes May 7, 2007 Page 3 Mayor Kennedy closed the public hearing. I. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION 1/1, RESOLUTION 5196 — CDBG PUBLIC FACILITIES GRANT This resolution allows the City to apply for a grant on behalf of Flathead Attention Home. Larson moved Resolution 5196, a resolution authorizing an application to the Montana Department of Commerce for a Community Development Block Grant to assist in funding a new facility for the Flathead Attention Horne. The motion was seconded. Foster gave a staff report and answered questions. Kenyon encouraged the Council to support the grant commenting that he works in social services and the Attention Home is extremely important to the Valley. Atkinson also asked the Council to support this stating the City has an option of "detention" or "attention"'. Kennedy also spoke in favor of the grant stating she fully supports the program that the home provides. The motion carried unanimously upon roll call vote. 1/2. RESOLUTION 5197 — BUDGET AMENDMENT -- WWTP EXPANSION The total cost for the Wastewater Treatment Plant expansion exceeds the amount that was budgeted. Resolution 5197 amends the budget to allow for the additional costs. Atkinson moved Resolution 5197, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2006-2007 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report and Hansz answered questions. Hafferman stated he requested more information at the last meeting and hasn't received it; in fact the information provided for the public hearing was actually less than what was provided for the resolution of intent. He said obviously the call for the public hearing was only to follow the law and hearing from the public was a farce, adding that more information should be provided prior to the Council voting. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. Kalispell City Council Minutes May 7, 2007 Page 4 113, RESOLUTION 5198 — BUDGET AMENDMENTS This resolution amends the budget for year end adjustment in several departments. Larson moved Resolution 5198, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2006-2007 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report and answered questions. Kluesner said it's hard to understand where we are getting the money from to cover these additional costs. He said in the future the Council needs a better accounting of where this money is coming from for these cost overruns. Atkinson said the City budget is a lot like a home budget, if I have an emergency I have to dig into my savings account which is similar to the City's cash reserves. Saverud stated he feels the information is very clear; over 90% of the additional costs were unexpected retirements and additional information that the City has little or no control over. Larson agreed, noting the budget amendment is for unforeseen, unexpected expenditures and he doesn't have a problem with any of the items. Kenyon asked when was the last time the City put together a perfect budget and we didn't have to do this? Patrick. and Robertson answered `never". The motion carried unanimously upon roil call vote. I/4. AWARD CONTRACT — KGEZ TOWER MITIGATION PROCESS One proposal was submitted for an engineering study to determine how the City should proceed with mitigating the KGEZ towers near the City Airport. Staff is recommending the contract be awarded to Hatfield and Dawson Broadcast Engineers of Seattle, Washington in the amount of $34,000. Atkinson moved the contract be awarded to Hatfield and Dawson broadcast Engineers of Seattle, Washington in the amount of $34,000 for an engineering study to provide the City with options on how to mitigate the tower situation. The motion was seconded. Leistiko gave a staff report and answered questions. Hafferman commented this is a difficult situation and he is in favor of the analysis. The motion carried unanimously upon vote, Kalispell City Council Minutes May 7, 2007 Page 5 I15. PRESENTATION —ANNEXATION AND ZONING — ASHLEY HEIGHTS, LLC Ashley Heights, LLC is requesting annexation and zoning of approximately eight and a half acres located on the south side of Sunnyside Drive. Jentz gave a staff report and answered questions. He explained that the developer requested an R-4 zoning designation which allows for five to ten units on one acre. He said after reviewing the project the staff recommended an R-3 designation for four and a half units per acre. Jentz stated the Planning .Board, following a public hearing, recommended zoning of R-2, Single Family, which provides for two to three units per acre. Olson stated he cannot approve any additional developments in that area until Sunnyside Drive is improved. In addition, he would like to halt any kind of development until all of the impact fees are in effect. Kluesner agreed that Sunnyside Drive needs improvement prior to any additional traffic being added. Hafferman also agreed that Sunnyside Drive is unsafe and cannot handle a lot more traffic. He said zoning designations of R-3 or R-4 are not compatible with the existing properties, however, an R--2 zone would allow for an upscale development with larger lots that can benefit both the developers and the neighbors. Hafferrnan suggested the developer be given time to think about what he has heard tonight and try to provide a solution. Mayor Kennedy asked Turner to respond. Turner remarked that if the Council intends to zone the property anything other than R-3 or R-4 he requests that the issue be tabled to allow the application to be withdrawn. I/6. RESOLUTION 5199 — ANNEXATION — ASHLEY HEIGHTS LLC The property proposed for annexation extends between Sunnyside Drive and Bismarck Street with the proposed Highway 93 Bypass serving as the western boundary. Kenyon moved resolution 5199, 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 a portion of Tract to lying within Government Lot 1 in the Northwest Quarter of the Northwest Quarter of Section 19, Township 28 North, Range 21 ''west, P.M.M., Flathead County, Montana, to be known as Ashley Heights Addition No. 391 to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. The motion was seconded. Atkinson moved to table Resolution 5199 until May 21. The motion was seconded. The motion to table carried unanimously upon vote. Kalispell City Council Minutes May 7, 2007 Wage 6 1/7. ORDINANCE 1606 — INITIAL ZONING — ASHLEY HEIGHTS LLC — 1ST READING In conjunction with the annexation resolution, Harball allowed the tabling of Ordinance 1606 without specific action. 1/8. RESOLUTION 5200 — PRELIMINARY PLAT — RESUBDIVISION OF ASHLEY S DARE This is a request for preliminary plat approval to create two lots on a three acre lot within Ashley Square. Atkinson moved Resolution 5200, a resolution conditionally approving the preliminary plat of the Resubdivision of Ashley Square, more particularly described as Amended Plat of Lot 2 of the Resubdivision of Lots 1 and 3 Gibson Addition No. 41, located in the Southeast Quarter of Section 12, Township 28 North, Range 22 West, P,M.M., Flathead County, Montana. The motion was seconded. Johnson gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote. 1/9. CONDITIONAL USE PERMIT — FLATHEAD HOSPITAL DEVELOPMENT CO. This is a request by Flathead Hospital Development Company, LLC for a conditional use permit to locate and expand the existing kindergarten and operate a sick child day care center in the lower level of the existing building at 66 Claremont Street. Larson moved Council approve the conditional use permit for Flathead Hospital Development Co, The motion was seconded. Johnson gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon vote. I/ 10. ORDINANCE 1607 —ZONING TEXT AMENDMENT —LIVESTOCK WITHIN CITY LIMITS —1ST READING This ordinance would allow horses in the City based on a standard of one acre minimum of fenced pasture per animal. Kalispell City Council Minutes May 7, 2007 Page 7 Gabriel moved first reading of Ordinance 1607, an ordinance amending Kalispell City Ordinance 4-1 permitting horses to be kept within the City under certain conditions and declaring an effective date. The motion was seconded. Jentz gave a staff report and answered questions. Gabriel spoke in favor of the ordinance and emphasized that because of the one acre minimum per animal, there are only about ten properties in the City which are eligible to house horses. Hafferman retorted large animals should be kept in the County, adding that one acre is too small to keep a horse and it's too small for the smell to dissipate. He stated the animal warden has enough problems with pets without having to track down manure smells and dies and there's a reason horses are called "farm animals". Kluesner said he doesn't want any horses, mules, cattle, goats, etc. because they just don't belong in the City. Saverud commented he lives on whitefish Stage and there is a horse and a cow in a pasture immediately behind him that give him great pleasure in the morning. Larson said when the southwest area of town was annexed the biggest number of complaints came from people who had to get rid of their horses. He said he doesn't have any problem having horses in the City because there aren't that many large parcels available for horses. Gabriel argued that one acre is plenty of room for a horse because most people who board horses take them elsewhere to ride and as far as the smell, a yard full of dog feces smells bad. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. I/11. RESOLUTION 5201 — RESOLUTION OF INTENT TO ANNEX -- TRUMBULL CREEK CROSSING PRASE 1 This resolution expresses the City's intent to annex a portion of Trumbull Creek Crossing Subdivision, formerly known as Kelsey Subdivision. Kenyon moved Resolution 5201, a resolution of intent to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 west of Flathead County, Montana and referred to as Trumbull Creek. Crossing Subdivision in its preliminary plat with Flathead County, Montana. The motion was seconded. Patrick gave a staff report and answered questions. Kalispell City Council Minutes May 7, 2007 Page 8 Hafferman said the Council hasn't seen any plans for this property and even though this is portrayed as a resolution of intent, it is clearly a resolution of annexation, noting that Section I reads: `That the City of Kalispell shall annex that property known as Trumbull Creek Crossing, Phase I", once the City receives an application. Larson remarked that this is an island with no future fill in. He urged the Council not to approve this stating that annexing these moo acres will exacerbate the problems the City already has with staff shortages and trying to provide services. Patrick responded that Council has already made the decision to provide this area with sewer. He said if the Council decides to bring this property into the City at a later date, it will be a problem trying to go back and collect impact fees. Atkinson disagreed with Larson that the area between this property and the City will never fill in. He said there is movement toward that area and he doesn't understand the concept of selling our sewer capacity without the developers paying impact fees. Mayor Kennedy commented that she feels without a doubt that this is annexation and she is surprised that some members of the Council are willing to do that without any information from the applicant. She said she is not necessarily against annexation in the future, but at this time it is too preliminary. Kluesner said he also feels that this is an annexation resolution and he is not ready to do that yet. He agreed with Mayor Kennedy that no application is available to review. Olson noted the key is that we have committed ourselves to providing them sewer, the only question is whether to annex the property or create an annexation district. Larson said if this resolution is approved then the City is making another commitment. Olson moved to table Resolution 5201 until May 21. The motion was seconded. The motion to table carried upon vote with Atkinson, Gabriel, Kenyon, Kluesner, Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman and Larson voting against. 1/12. BOARD APPOINTMENT — ARCHITECTURAL REVIEW BOARD One letter was received for one opening on the Architectural Review Committee. Janet Clark is requesting appointment to the seat vacated by oini ogle. Mayor Kennedy recommended the Council appoint Janet dark to the Architectural Review Board. Olson moved the Council accept the Mayor's recommendation and appoint Janet Clark to the Architectural Review Board. The motion was seconded. There was no discussion. Kalispell City Council Minutes May 7, 2007 Page 9 The motion carried unanimously upon vote. 1113. BOARD APPOINTMENT — CONRAD MANSION BOARD OF DIRECTORS Two letters of interest were received for one opening on the Conrad Mansion Board. Gary Havens is seeking reappointment and Sue Corrigan is also interested in serving. Mayor Kennedy recommended the Council reappoint vary Havens to the Conrad Mansion Board of Directors. Larson moved the Council accept the Mayor's recommendation and reappoint Gary Havens to the Conrad Mansion Board of Directors. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. 1/14. BOARD APPOINTMENT — IMPACT FEE COMMITTEE Jinn Cossitt and Jerry Reckin are seeking reappointment to the Impact Fee Committee. No other letters of interest were received. Mayor Kennedy recommended the Council reappoint Jim Cossitt and Jerry Reckin to the Impact Fee Committee. Atkinson moved the Council accept the Mayor's recommendation and reappoint Jim Cossitt and Jerry Reckin to the Impact Fee Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. 1115. BOARD APPOINTMENT — PARKING COMMISSION Two letters of interest were received for one opening on the Parking Commission. Bill Goodman is seeking reappointment and Joel Schoknecht is also interested in serving. Mayor Kennedy recommended the Council reappoint Bill Goodman to the Parking Commission. Saverud moved the Council accept the Mayor's recommendation and reappoint Bill Goodman to the Parking Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes May 7, 2007 Page 10 I/16. BOARD APPOINTMENTS — PLANNING BOARD AND ZONING COMMISSION There are three openings on the City Planning Board, one representing the County. The Commissioners are requesting the Council confirm their appointment of C.M. Clark as the County member. Four letters of interest were received for the other two openings; current hoard members Rick Hull and Timothy Norton, along with William Higgason and Jim. Williamson. Larson moved Council confirm the Commissioners appointment of C.M. Clark as the County representative on the Planning Board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Mayor Kennedy requested additional time to review the applications for the other openings and asked the Council to postpone the other two appointments and extend the terms of Hull and Norton to June 4. Olson moved the City appointments to the Planning Board be postponed until June 4 and allow Hull and Norton to serve until that time. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. 1/17. BOARD APPOINTMENT — POLICE COMMISSION Alan "Doc" Harkins is requesting reappointment to the Police Commission. No other letters of interest were received. Mayor Kennedy recommended that Alan `Doc" Harkins be reappointed to the Police Commission. Olson moved the Council accept the Mayor's recommendation and reappoint Alan "Doc" Harkins to the Police Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote, II18. BOARD APPOINTMENT — STREET TREE COMMISSION Three letters were received for three openings on the Street Tree Commission from David Jones, Anne Lavoie, and Jeannie Sherlock. Kalispell City Council Minutes May 7, 2007 Page 1 I Mayor Kennedy asked the Council to postpone any appointments until June 4 in order to review the applications more carefully. Olson moved to postpone the appointments to the Street Tree Commission to June 4. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. J. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Olson asked that the issue of annexations and how far the City is willing to annex be placed on a work session. Kenyon thanked Fire Chief Brodehl, Police Chief Nasset, and their staff for helping at a recent fundraiser for the Special Friends Advocacy Program. Gabriel reminded everyone to vote tomorrow on the school bond issues. K. ADJOURN The meeting was adjourned at 11:10 p.m. ATTEST: heresa White City Clerk Approved May 21, 2007 Kalispell City Council Minutes May 7, 2007 Page 12