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10/06/08 City Council MinutesA REGULAR MEETING OF THE KALISPEI.. L CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, OCTOBER 6, 2008, IN THE COUNCIL CHAMBERS AT CITY BALL IN KALISPELL, MONTANA, MAYOR PA.MELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL., BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBER TIM KLUESNER. WAS ABSENT. Also present: Acting City Manager Terry Mitton, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Public Works Director Jinn Hansz, Parks and Recreation Superintendent Jennifer Young, Planning Director Tom Jentz, Planner II Nicole Johnson, Planner II PJ Sorensen, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Gabriel moved approval of the Agenda. The motion was seconded. There was no further discussion. The motion carried unanimously upon vote with Kluesner absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regglar Meeting..—.. September 15 2008 2. Council Minutes — Special Meeting — September 22 2008 3. Pledged Securities as of June 30 2008 Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kluesner absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Cary Weyrauch, 2145 North Reserve, owner of M & C Tire, complained that business owners were only informed two days beforehand of a practice burn on Meridian Road. He said traffic was unable to get to their business and other businesses along the road until 2:00 pm, adding he was frustrated that this burn was scheduled on a weekday near the third busiest road in town. Kalispell City Council Minutes October 6, 2008 Page I Narda Wilson, Columbia Falls, spoke in support of the final plat for Legends Court Subdivision and thanked staff for their help. E. PUBLIC HEARING — MULTI -FAMILY MOUSING REVENUE BONDS Council accepted comments concerning the issuance of bonds for the rehabilitation of Glacier Manor Apartments and Treasure State Plaza. Mayor Kennedy opened the public hearing. Proponents Dodie Wise, 2097 Airport Road, manager of both Glacier Manor and Treasure State properties, stated that staff members are excited about the rehab and it means a lot to the residents. Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/I. RESOLUTION 5317 -- MULTI -FAMILY HOUSING REVENUE BONDS This resolution preliminarily approves the bonding for the rehabilitation of 99 single -bedroom units at Glacier Manor Apartments and Treasure State Plaza. Larson moved Resolution 5317, a resolution reaffirming the preliminary approval of the issuance of revenue bonds for the financing of the acquisition and rehabilitation of a multi- family housing development located in the City of Kalispell after holding a public hearing with respect thereto. The motion was seconded. Harball gave a staff report. Ben Johnson, bond counsel from Kennedy & Graven, answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Kluesner absent. F12. RESOLUTION 5315 — PRELIMINARY INDUCEMENT RESOLUTION AND CALL FOR PUBLIC HEARING -- MENTAL HEALTH CENTER REVENUE BINDS This resolution authorizes the submission of the volume cap application and calls for a public hearing on November 3 for the construction of a mental health center on Buffalo Hill. Kalispell City Council Minutes October 5, 2008 Page 2 Kenyon moved Resolution 5318, a resolution granting preliminary approval to the proposed issuance of Healthcare Facilities Revenue Notes payable by western Montana Mental Health Center in an aggregate principal amount not to exceed $1,600,000 under Montana Code Annotated, 'Title 90, Chapter 5, Part 1, and calling for a public hearing. The motion was seconded.. Harball gave a staff report and answered questions. Ben Johnson answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Kluesner absent. F/3. ORDINANCE 1646 —ZONING TEXT AMENDMENT —MATT WAATTI — 1ST READING waatti is requesting an amendment to the Kalispell Zoning ordinance to reduce the minimum yard setbacks in the RA-2, High Density Residential Apartment, zone. Gabriel moved first reading of ordinance 1646, an ordinance amending the Kalispell zoning Ordinance (ordinance No. 1460), by reducing the setbacks in the RA-2, High Density Residential Apartment district, and declaring an effective date. The motion was seconded. Johnson gave a staff report and answered questions. Jentz answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Kluesner absent. F/4. ORDINANCE 1647 -- ZONING — WHOLLY SURROUNDED PROPERTIES -- IS T` READING Six wholly surrounded properties were annexed by the City Council on August 18. The Planning Board reviewed the properties and forwarded a recommendation on what each parcel should be zoned. Kenyon moved first reading of ordinance 1647, an ordinance to amend Section 27.02.010, official zoning neap, City of Kalispell Zoning ordinance, (ordinance No. 1460), by zoning certain tracts of land more particularly described on Exhibit "A" in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Sorensen gave a staff report and answered questions. Kalispell City Council Minutes October 6, 2008 Page 3 There was no further discussion. The motion carried unanimously upon roll call vote with Kluesner absent. F/5. FINAL PLAT — TIMBERWOLF CENTER SUBDIVISION PHASE IA This is a request for final plat approval of Lot 1 of the Timberwolf Center commercial subdivision located along the east side of Stillwater Road just south of the new Forest Service building in Section 36. Larson moved Council accept the subdivision improvements agreement and approve the final plat for Timberwolf Center Phase IA. The motion was seconded. Johnson gave a staff report and answered questions. Hafferman remarked he doesn't believe we should be approving this final plat because the City's policy has been that two-thirds of the infrastructure has to be in place; none of the major site improvements for this project have been completed. He said if the City has to put in the infrastructure down the road the amount bonded may not cover the cost, adding it is a very dangerous precedent to set. Jentz responded the City's policy of two-thirds completion has been for residential subdivisions, not commercial property. There was no further discussion. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against, and Kluesner absent. Fj6. FINAL PLAT -- LEGENDS COURT SUBDIVISION This is a request for final plat approval for a 3-lot subdivision on two existing tracts of land located at 1224 4th Avenue West. Gabriel moved Council accept the subdivision improvements agreement and approve the final plat for Legends Court Subdivision. The motion was seconded. Johnson gave a staff report and answered questions. After discussing what improvements need to be completed Hafferman commented he will abstain from voting because he does not have enough information. There was no further discussion. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman abstaining, and Kluesner absent. Kalispell City Council Minutes October G, 2008 Page 4 F/7. BOARD APPOINTMENTS —SKATEBOARD PARK ADVISORY COMMITTEE Seven letters of interest were received for the newly established skateboard park advisory committee from Beverly Boe, William Bowser, Patrick Brooks, Deb Burfeind, JD Carabin, Mark Delorm.e, and Javier Saenz. Staff is also requesting that two City employees be appointed, Jennifer Young (Parks Department) and Steve Hoover (Police Department). Mayor Kennedy recommended the Council appoint the seven applicants to the Skateboard Park Advisory Committee, along with City employees Jennifer Young and Steve Hoover. Saverud moved that Council confirm the Mayor's recommendation and appoint Beverly Boe, William Bowser, Patrick Brooks, Deb Burfeind, JD Carabin, Mark Delorme, Javier Saenz, Jennifer Young, and Steve Hoover to the Skateboard Park Advisory Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with. Kluesner absent. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Hafferman requested a memo in response to a number of questions he has regarding the new City Hall and its financing. Mayor Kennedy answered the issue will be placed on a future work session. H. ADJOURN The meeting was adjourned at 8:07 p.m. ATTEST: Theresa White City Clerk Approved October 20, 2008 Kalispell City Council Minutes October G, 2008 Page 5