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Tab 39 City Council Meeting Minutes November 7, 2005A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAYt NOVEMBER 7., 2005� IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL mEMBERS KARI GABRIEL, BOB HAFFERMAN9 BOB HERRON,,. RANDY KENYON, TIM KLUESNER, DUANE LARSON, AND HANK OLSON WERE PRESENT. COUNCIL Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Police Chief Frank Garner, Fire Chief Randy Brodehl, Kalispell Planning Department Director Tom Jentz, Senior Planner Narda Wilson, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. Larson moved approval of the Agenda. The motion was seconded. Hafferman moved that Agenda items #4 and #5 be moved to #6 and #7. The motion was seconded. There was no discussion. The amended motion carried unanimously upon vote with Atkinson absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting October 17. 2005 2. Preliminary Plat Extension — Villague Heights Sjb_divisio This is a request for a one-year extension to the preliminary plat of Village Heights .Subdivision located on.the east side of Village Loop, north of West Evergreen Drive. Kenyon moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Rick Breckenridge, 1405 Highway 2 West, spoke in favor of Agenda items #8 and #9, the Torgerson annexation and zoning. Kalispell City Council Minutes November 7,2005 Page I Laurie Hamill, Kalispell, spoke about the history of Falun Gong in China and passed out a free Chinese newspaper called the Epic Times. kurt Haffernian, 1325 2nd Street West, stated he heard from a council candidate and a Planning Board member that people are frustrated because they think issues are pre -decided and there's apathy by. the-citiz-e-nsjof--K-alispe-l-I.—He -said these -thin -.. iuAwWitndT..eople -are frustrated because the apathy is with the council. Hafferman said the council has pre -decided both the Old School Station TIFs and the growth policy amendment. He said the council is not thinking independently or using their conscience. He questioned why the growth policy boundary is being changed now, instead of before the Old School annexation, which he feels shows a pattern of the council doing what it wants and then finding a way to cover it up. Hafferman asked members to disapprove the growth policy amendment and start over with everyone being involved. Jane Karas, president of FVCC, thanked council for its consideration of Agenda items #12 and #13, the annexation and zoning of the community college. Tom Hamilton, 121 2nd Avenue West, Centre Court Manor, spoke against the permit parking that was established on 2nd Avenue West in front of Centre Court Manor and submitted a letter asking tbAt the council revisit the issue. (Letter is attached and by this reference is made a part of the official record) Ruth Hack, 121 2nd Avenue West, Centre Court Manor, also asked the council to revisit the parldng issue, stating she would like to know who recommended their block for permit parking. Cecilia Bertram, 121 2nd Avenue West, Centre Court Manor, stated her son got a ticket when be was parked in the loading zone to pick her up. She said he wasn't gone for 15 minutes when he got the ticket, which she is protesting. Carol Thrasher, manager of Centre Court Manor and Big Sky Manor, stated that the issue needs to be revisited; the loading area is further away from the door, and some tenant's relatives cannot visit because of the parking problem. She asked for reasonable accommodations. Gary Hall, 1227 2nd Avenue West, stated he is speaking on behalf of the County and the Agency on Aging for the residents of Centre Court Manor. He asked that residents get free parking permits or that the street goes back to two hour parking. Roger Noble, 130 North Haven Drive, stated he wanted to clear up the water rights question brought before the council at the last meeting, adding the City is in good shape with regard to water rights. fie said the DNRC has a set process to expand water rights, and the City is going through that process in conjunction with the growth policy amendment. Noble said the City has one of oldest water rights on record and it is a valuable, solid asset. Terry Richmond, 1136 2nd Avenue East, Morrison & Maierle, stated Morrison & Maierle are the consultants for the infrastructure design for Old School Station and the upgrade for the wastewater treatment plant. He stated they are following all procedures necessary for the water rights and the expansion plan for the WWTP will protect water quality. Kalispell City Council Minutes November 7,2005 Page 2 Joanne Nieman,7.45 4th Avenue East, spoke about the City supporting corporate interests. She stated the City is trying to subsidize businesses, but they need to provide a community where citizens can thrive and have sufficient income, instead of subsidizing businesses. Ron LaRue, 49 Bruyer Way Loop, voiced his support for the curb cuts at. Kalispell Center Mall. He said it can be difficult to exit the mail and the new curb cuts will be for right -in, right -out turns only. E. PUBUC -HEARING — This was the time for public comments concerning the establishment of a special improvement district to benefit specific property located 1.9 miles south of Four Comers, east of Rocky Cliff Road., Mayor Kennedy opened the public hearing. Proponents: Bryant Bach, 308 Lakeview Drive, Bigfork, commented forward for the opportunity for young adults to find jobs. in good fields. He said we need to expand their horizons in types of fields other than service jobs. Carol Nelson, 195 Arbour Drive, Kalispell Chamber of Commerce President -Elect, read a letter from Chamber President Joe Unterreiner in support of the SID and the TIF projects. (Letter is attached and by this reference is made a part of the official record) John Creamer, Bigfork, stated that the perception of this area is that unless you are in the trades, there are no jobs here, and Old School Station would change that. He said it would keep young people in the area. Jane Karas, FVCC President, said the College is in support of the project because of the public/private partnerships, the opportunities for new employment with living wages, and the opportunities.for additional education and training. Ted Sokalowski, 225 Snowline Lane, said he has lived near the Old School Station property for 43 years and he is in favor of this project. He said there will be more opportunities for young people and the development will be a good one. Paul Valarie, 225 Shawnee Drive, Bigfork, noted that this development will have an emerging technology center and one of the most modern radio/TV/film studios in the United States. He said the development will bring jobs and opportunities to our youth and enhance the entire community and valley. Brian Clark, 10 Trillium Way, President of Fun Beverage, stated he has purchased 10 acres in Old School Station and has made a significant investment to make this a quality project. He said his business won't benefit from the TIF district, but they will be paying more taxes than they do now. Clark said he supports the use of TIFs and SIDs to grow business in the Flathead. Kalispell City Council Minutes NovembeT 7, 2005 Page 3 Jerry Mullen, 357 Eagle Bend Drive, Bigfork, stated we need the rivate and public investment to p keep kids at home, and this is a formula that combines both. Earl Bates, 21485 East Shore Drive, Bigfork, spoke in favor of this project, stating the seed capital and the synergy that will result will change the complexion, favorably, of the whole. valley. He said we should not deny young peoplethe opportunity for the future. Andy Miller, 175 East Many Lakes Drive, stated with this project, we can make an intellectual capital investment to create a future opportunity here with a high tech business center. He said he and Paul Wacbbolz, his partner in this project, have worked hard to plan a projW that the valley can be proud A Miller reviewed the proposal, adding this is a public/private opportunity and theyneed the public to make it work. Paul Wachholz, 183 Fairway Blvd., stated he got involved when he realized there was a shortage of industrial areas in the valley. He said he saw this as a wonderful opportunity to clean up the south entrance to the City; they are paying for sewer and water, and they are not receiving any special favors. Wachholz said this project will help diversify the employment and tax base. Don Bennett, 1000 Columbia Drive, Columbia Falls, Chairman of MT West Economic Development, stated the key challenge for economic development is the availability of quality sites and facilities for business expansion and relocation that offer full infrastructure. He said this project will be the first high amenity business park in the valley and will be an extraordinary opportunity and he urged the council to support it. 012ponent�; None. Mayor Kennedy closed the public hearing. F. PUBLIC HEARING —RU—DGET AMENDA4ENT FOR OLD SCHOOL STATION SPECIAL -IMPROVEMENT DISTRICT 344 This was the time. for public comments concerning a 2005-2006 budget amendment to include the special improvement district for Old School Station. Mayor Kennedy opened the public hearing. PMonents None. Opponents None. Mayor Kennedy closed the public. hearing, Kalispell City Council Minutes November 7,2005 Page 4 G. EARING —OLD -S CHOOLSTATIQNINDUSTRIALTAXIN!CREMENT DISIN—Cl This was the time for public comments concerning a proposal to create a TIF district on the Old School Station property for industrial use. mayor Kennedy -opened the public hearing. Proponents: Ted Sokalowski, 225 Snowline Lane, commented that these developers are not getting everything given to them; they have paid for three new roads in his area which residents have waited for years for the County to pave. Andy Miller, 175 East Many Lakes Drive, said the taxes were $500 when they bought the property, and he can't guess what the taxes.wiR be now. Responding to the comment that he and Wachholz are getting a free ride, he said they will spend approximately 3 1/2 million dollars to put water and sewer on the site, not to xnention the money they have already spent. Opponents: Kurt Hafferman, 1325 2nd Street West, stated he is not against this project, he hopes it happens, but the risk should be between the developer and their tenants, not the City. He said the TIF is money to pay off the SID,, not to pay taxes. Hafferman said most of the people working there will live in the County, not the City, and who ends up paying for the services, "I do". He said industrial parks are not a new idea and we don't need to promote them. He commented that the City can't take care of what it has now, adding if the TIF is approved the developers have no risk, just profit. Jack Fallon, 629 Shadow Lane, remarked that a TIF affects everyone, not just City residents. He said TIFs are a lost. taxable value that needs to be spread to everyone else, raising taxes throughout the County, especially in the latter years of a TIF. He stated TEFs are taxation without representation. Clint Cathcart, 828 3rd Avenue East, said the SID for Old School Station is a good thing, but a TIF is not. He said the developers should be taking the risk, not the taxpayers. Mayor Kennedy closed the public hearing. H. PUBLIC HEARING — OLD SCHOOL STATION TECHNOLOGY TAX IN DISTRICT This was the time for public comments concerning a proposal to create a TTF district on the Old School Station property for technology use. Mayor Kennedy opened the public hearing. Mispell City Council Minutes November 7,2005 Page 5 Progan—ents: S hannon Nalty, 181 Riverview Drive, stated he and his partners are owners of the Southfield project which is loppted in a TIF district. He said we have exceeded the development agreement by two and a half times, are paying an enormous amount of taxes a year, and employ over 200 people. Nalty said TIFs aregood.- for. thl� Oty wUnmsed judiciously. LI � . ... ... Don Bennett, 1000 Columbia Drive, Columbia Falls, commented that TTF districts can be an effective too] if managed properly. He said they do impact everybody, but you need to look at the entire picture and the fact that when done properly they create more tax base and more dollars for the community. O.pponents: Kurt Hafferman, 1325 2nd Street West, stated this is backward thinking and industrial parks have been done for years. He said this is the wrong location to attract tenants because we don't have the shipping options, and what happens when they take the free money and leave like Stream did. Haffermanasked the council to vote "no on investing 4 1/2 million dollars of our money and let these folks go it alone". Jack Fallon, 629 Shadow Lane, said TIFs were originally designed for urban renewal districts and you need to look at distribution carefully. He said other developers are able to get their projects going without a TIF. Clint Cathcart, 828 3rd Avenue East, said he does not think the developers would run if the SID was approved and the TIF was not. Mayor Kennedy closed the public hearing. 1. REPORTSIRECOAME—NDATIONS AND SUBSEQUENT COVNCIL ACTION 1/1. APPLICATIONS BY KAUSPELL CENTER MALL FOR CURB QMS &T SECOND AND THIRD-SMEETS AND CENTER Council, pursuant to ordinance, must consider applications for curb cuts. Kalispell Center Mall has made. application for two curb cuts on Center Street. Hafferman moved council approve the applications for curb cuts at Second and Third Streets and Center Street. The motion was seconded. Patrick gave a staff report, stating a traffic study should be conducted. Hafferman commented that as long as it was right -in, right -out, it was okay with him. The motion canded unanimously upon vote with Atkinson absenL Kalispell City Council Minutes Novernbet 7,2005 Page 6 . RESOLUTION 5073A — RESOLUTION ADOPTING GROWTH POLICY —OR— ovenifirrnnN 4ftPYATk — RV..QnY1T1n1nN RRV11.RT1VV- V.12nWTH PnlrlVV AMENDMENT—OR— RESQLUTION 5ft7-3C_ RESOLUTION RUECTING GROWTH POUCY— Council considered an amendment to the Kalispell Growth Policy 2020 to be known as the Highway. 93 South Corridor Amendment and would include approximately 2,560 acres. Larson moved Resolution 5073A, a resolution adopting a recommended amendment to the Kalispell Growth Policy 2020, to be known as the Highway 93 South Growth Policy Amendment. The motion was seconded. Wilson gave a staff report and answered questions. Hafferman stated this is an important document and citizens' concerns should be aired and addressed; however, nobody from the public spoke at the public hearing held by the Planning Board. He said something is wrong with our communication with the public. He said we are doing this amendment to satisfy a specific special interest, and the proposal is lacking. in information. Hafferman said the DEQ needs to state Ashley Creek is capable of supporting the extra area. He said this amendment needs to be part of the public review process and asked what about the people living in that boundary area. He commented this is not planning; it's just rectifying an action made in haste. Hafferman said he feels the City should have its own public hearing on the issue. The motion carried upon roll call vote with Gabriel, Larson, Olson, Herron, Kenyon, Kluesner and Mavor Kenned votinp. in favor, Hafferman voting against, and Atkinson absent. y 113. ORDINANCE 1556 — INITIAL ZONING — OLD SCHOOL STATION — This is a request by Montana Venture Partners for a zoning designation of 1-1, Ught Industrial, on approximately 55 acres located at the northeast corner of Demersville Road and Rocky Cliff Drive -known as Old School Station. Gabriel moved first reading of Ordinance 1556, 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 Parcel A of Certificate of Survey 16337 located in Section 33, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana (previously zoned County 1-1, Light Industrial) to City 1-1 (Ught Industrial), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Wilson gave a staff report and answered questions. The motion carried unanimously upon roll call vote with Atkinson absent. Kalispell City Council Minutes November 7, 2005 PaW 7 1/4. ORDINANCE 1557—INDUSIRIAL TAX INCREMENT DISTRICT —OLD SCHOOL 1ST READIN Ordinance 1557 establishes an Industrial Tax Increment District within Old School Station. G'abriel--moved-fir-st-r-eading-of�Ordimance 1557, an -ordinance establishing an Industrial Tax Increment District to assist in financing necessary industrial infrastructure to encourage the attraction, growth, and retention of secondary value -adding industries to the City of Kalispell, Montana; providing for definition of terms; establishing the costs which may be paid by the industrial tax increment district to he created by this ordinance; creating and approving the Old School.Station Industrial Tax Increment District of the City of Kalispell, Montana; and establishing the boundaries of the Old School Station Industrial Tax Increment District; establishing January 1, 2005 as the base taxable year for the Old School Station Industrial Tax increment District. The motion was seconded. Patrick gave.a staff report and answered questions. Jentz explained the Cost of Services Study report. Hafferman commented the problem with a TIF is that no money goes into the general fund to pay for services; it all goes into a slush fund. He said TEFs are a scam on the taxpayers and he asked the council to ask themselves whether the developers would proceed with Old School Station if the City didn't get involved; he thinks they would. The motion carried upon roll call vote with Gabriel, Herron, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson absent. 1/5. ORDINANCE 1558 — TECHNOLOGY TAX INCREMENT DISTRICT — OLD SCHOOL STATION — IST READING Ordinance 1558 establishes a Technology Tax incremdnt District within Old. School Station. Larson moved first reading of Ordinance 1558, an ordinance establishing a Technology Tax Increment District to assist in financing necessary infrastructure to encourage the location and retention of technology development projects in the State of Montana and the City of Kalispell, Montana; providing for definition of terms; establishing the costs which may be paid by the technology tax increment district to be created by this ordinance; creating and approving the Old School Station Technology Tax Increment District of the City of Kalispell, Montana; and establishing the boundaries of the Old School Station Technology Tax Increment District; establishing January 1, 2005 as the base taxable year for the Old School Station Technology Tax Increment District. The motion was seconded. Patrick gave a staff report. Kluesner stated he voted against it before because of the process. He said he will vote in favor of it tonight because this is not just a City-n-oriented issue and it's important to bring technology to the Flathead Valley. Kalispell City Council Minutes November 7, 2005 Page 8 Kenyon remarked that he spoke with the 'Chairman of School District 5 and was told the members are not taking a stance, for or against, on this issue. Olson stated that the developer� are taking a risk and we need to give incentives to people to come. He mentioned that recently Kalispell lost Cabletech.to Great Falls because the City couldn't give them what they needed. Olson said we need to look at the. benefits to the community. Hafferman said Cabletech's proposal was for the City taxpayer to put up two million dollars to build. their building. He said if businesses don't invest their own money, then they do what Stream did and "cut and run"'. Larson said Strearn didn't cost the City "one red cent". He said Stream forced the minimum wage to go up. Larson said some of the businesses in this TIF district Will pay a full share and some won't, but there will be an increase in the tax base and there will be economic benefits. He said he doesWt see a downside to this project and the sligbt disadvantages are outweighed by the advantages. Gabriel said a comment was made that council members don't think for themselves, but all nine people came from different directions on this issue and most have come to the conclusion that this is a good investment in our future. Herron agreed, stating we have done our due diligence. He said historically he hasn't been in favor of TlFs, but the City has to work at creating something more than just a service economy and this is a good project. Mayor Kennedy stated Stream created a well trained workforce and did drive up wages. She said losing Cabletech is an example of why we need additional tools to secure good payingjobs and a tax increment district is one of those tools. The motion carried upon roll call vote with Gabriel, Herron, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy voting in favor, Hafferman voting against, and Atldnson absent. 1/6. ROOLU11ON 5074 —PLD SCHOOL STATION SID 344 This ordinance creates a special improvement district to fund infrastructure improvements for Old School Station. Larson moved Resolution 5074, a resolution relating to Special Improvement District No. 344; creating the district for the purpose of undertaking certain local improvements and financing the costs thereof and incidental thereto through the issuance of Special Improvement District Bonds secured by the City's Special Improvement District Revolving Fund. The motion was seconded. Patrick gave a staff report. Ben Johnson, Bond Counsel, explained the financing and answered questions. Haffe.rman commented he"s not in favor of the SID because there are TIF funds involved. Kalispell City Council Minutes November 7, 2005 Page 9 The motion camied upon roll call vote with Gabriel, IArson, Olson, Herron, Kenyon, Kluesner and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson absent. 1/7. RESOLUTION 5075 — 2005/2006 BUDGET AMENDMENT — OLD SCHOOL STATION SID 344 This resolution amends the budget to include the special improvement district for Old School Station. Gabriel moved Resolution 5075, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2005-2006 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report. Hafferman said he is opposed to giving the City Manager authority to spend more tax dollars, and the financing to secure, the bonds should be found within the existing budget. The motion carried upon roll call vote with Gabriel, Larson, Olson, Herron, Kenyon, Kluesner and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson absent. 1/8. ION 5076 — ANNEXATION — RANDOLPH TORGERSON This is a request for annexation of approximately one half of an acre located on the west side of 7th Avenue West, north of Sunnyside Drive. Kenyon moved Resolution 5076, 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 Lot 6 of Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Torgerson Addition No. 370; to zone said property. in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson and Kluesner absent 1/9. ORDINANCE 1559 — INITIAL ZONING — RANDOLPH TORGERSON — IST READI Torgerson is requesting a zoning designation of R-4, Two Family Residential, for the property listed above. Kenyon moved first reading of Ordinance 1559, an ordinance to amend Section 27.02.010,, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning Kalispell City Council Minutes November 7, 2005 Page 10 certain real property described as Lot 6 of Western Acres located in Section 18, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana (previously zoned County M,, Two Family Residential) to City R4 (Two 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 unanimously upon roll call vote with Atkinson absenL 1/10. RESOLUTION 5077 — ANNEXATION — NORTHWESTERN INVEUMENTS This is a request for annexation of approximately a third of an acre located on the north side of Sunnyside Drive, west of the Ashley Creek bridge. Gabriel moved Resolution 5077, a resolution to provide for the alteration ofthe boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described as a part of Lot 4, Willis Addition located in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana, to be known as Northwest Investments Addition No. 371; to zone said property in accordance with the Kalispell Zoning Ordifiance) and to declare an effective date.. The motion was seconded. Wilson gave a staff report. Hafferman said even though he is usually not in favor of annexations along Sunnyside Drive, he supports this request because the bypass intersection in that area, due to the efforts of Surmyside residents, has been changed to allow for only a northbound off ramp with no on ramp. The motion carried unanimously upon roll call vote with Atkinson absent. 1/11. ORDINANCE 1560 — INITIAL ZONING — NORTHWESTERN LNVESTMENTS JST READ jNG Northwdstem Investments is requesting a zoning designation of R-4, Two Family Residential, for the property listed above. Kenyon moved first reading of Ordinance 1560, 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 a part of Lot 4, Willis Addition located in Section. 18, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R-4 (Two 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 unanimously upon roll call vote with Atkinson absent. Kalispell City Council Minutes November 7, 2005 Page I I 1/12. RESOLUTION 5078 — ANNEXATION — FLATHEAD VALLEY COMMUNITY COLLEGE This is a request for annexation of approximately 66 acres located on the north side of Grandview Drive and east of Highway 93. Larson moved Resolution 5078, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, the real property described in Exhibit "A", to be known as Flathead Valley Community College Addition No. 372; and to declare an effective date. The motion was seconded. Wilson explained the Planning Board is recommending the property be zoned P-1 upon annexation and that the college initiate proceedings to have the current campus property rezoned from R-1 to P-1 for consistency. She said since staff is requesting the zone change, the Planning Board is also recommending that the fees associated with the change be waived. Wilson said the college has agreed to the zone change conditional on the fees being waived. There was discussion on whether the fees should be waived. The motion carried upon roll call vote with Gabriel, Hafferman, Herron, Kenyon, Larson and Mayor Kennedy voting in favor, Kluesner and Olson voting against, and Atkinson absent. Mayor Kennedy clarified the fees for this annexation and subsequent zoning have been paid. 1113. ORDINANCE 1561 — INITIAL ZONING — FIATHEAD VALLEY COMMUNITY .COLLEGE — 1ST READING Flathead Valley Community College is requesting a zoning designation of P-1, Public, for the property listed above. Kenyon moved first readingof Ordinance 1561, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoni g certain real property described as a portion of Certificate of Survey 14935 located in Section 3 1, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County SAG-1% Suburban Residential) to City P-1 (Public), 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 unanimously upon roll call vote with Atkinson absent. Larson moved the fees for the zone change for the current FVCC property be waived. The motion was seconded. .LArson encouraged the council to approve the fee waiver in the spirit of intergovernmental cooperation in order to have all of the property zoned the same, Kalispell City Council Minutes November 7,2005 Page 12 The motion carried upon vote with Gabriel, Hafferman, Herron, Kenyon,, Larson and Mayor Kennedy voting in favor, Kluesner and Olson voting agains4 and Atkinson absent. 1/14. RESOLUTION $079 - FINAL PLAT — SPRINGFIELD SUBDMSION This is a request for final plat approval of Springfield Subdivision, a residential subdivision that creates two residential lots on property located on the- east side of South Meridian Road between Fifth and Sixth Streets West. Kenyon moved Resolution 5079, a resolution approving the final plat of Springfield Subdivision, described as Assessors Tract 5DWD, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson absent. 1115. BOARD APPOINTMENTS — RECREATION CENT The City received 12 letters of interest for seats on the newly established Recreation Center Advisory Committee. Mayor Kennedy said there's some question as to how many of the applicants qualify for the committee and she asked that the board appointment be tabled to the next meeting. Olson moved to table the board appointment undl November 21, 2005. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson absent. 1/1.6. BO Agp APPOINTMENT — ARCHITECTURAL REVIEW BOARD One letter of interest was received for two openings on the Architectural Review Board. Mayor Kennedy recommended thatMark Norley be appointed to the Architectural Review Board. Olson moved the council accept the Mayor's recommendati - on and appoint Mark Norley to the Architectural Review Board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson absent. Kalispell City Council Minutes November 7,2005 Page 13 I WAYOR/COUNCIUCITY MANAGER'S REPORTS (No Action) Kenyon noted that tomorrow is Election Day and he urged everyone to get out and vote. Olson said he wants the record to show that he would have voted for the FVCC annexation if he had known the fee waiver was not going to be included. Patrick reminded council and the public that City hall will be closed on Friday, Veteran's Day. K. ADJOURN The meeting was adjourned at 10:28 pm. ATTEST6 Theresa White City Clerk Approved November 21, 2005 Kalispell City Council Minutes Novembet 7, 2005 Page 14 November 7, 2005 To the Kalispell City Council: I live in Centre Court Manor, 121 2nd Ave W, in downtown Kalispell. This is a senior apartment complex and all residents are 62 years of age orolder. Several of our residents are physically challenged. Many of our seniors require handicapped parking and/or devices to assist in walking. Centre Court Manor has 40 units but only 20 parking spaces available on site. There'is a city contract lot adjacent to the complex And most of the residents who do not have on -site parking use this lot. Until recently, there was -sufficient space in the contract lot for our residents not having on -site parking and there was additional public parking available on.the street (2nd Ave W), which our building fronts on. The street parking was controlled with signing limiting the parking to two hours. Opposite our building on the west side of the street is Big Sky Manor, a HUD property for seniors. 2nd Ave W on that side is two hour parking. Immediately to the front entrance of our building is a section of curbing that is painted yellow and there is a sign on a lamppost indicating this is a bus stop zone In late spring of this year the city made the entire block in front of our building a restricted Permit Only parking zone requiring a $20.00 monthly fee for the permit. Supposedly this was done at the request of several residents living in this building. No one knows who these residents may be as the parking commission will not provide their names nor will any resident come forward and acknowledge making such a request. There was no public hearing announced to the residents of Centre Court Manor to determined if this was in the best interest of the public who were to be affected by this decision. This decision was made with none of the residents in our building being surveyed or notffied. One day the restriction signs went up and that was it. What we can not understand is why the front entrance to our hornes was taken for this forprofit permit parking when the street to the south of our building only has parking lots facing it and is designated two-hour parking. This would have been the ideal extension of permit parking for no one would have been impacted. Why deny the residents making their homes in Centre Court Manor reasonable access to the main entrance of their building? What this permit parking has done in effect is to deny public parking adjacent to the building for family or visitors to discharge/pickup residents. After the fait accompli occurred we attempted to get it rescinded by pointing out the inability of loading/unloading in front of the main entrance to Centre Court Manor for our physically impaired residents. The City/Parking Commission responded by putting up another sign indicating the yellow curbing area was now a designated 15-minute Loading/Unloading Zone as well as a bus stop zone. Recently, an 82-year-old resident's son used the zone to pick up his mother. While-in.the-building. to assist her, the parking enforcement officer came by and wrote him a citation for being in the loading/unloading zone. I later had a conversation with the enforcement officer as to why the citation was issued and he said, "'rhe vehicle was not a commercial vehicle and did not qualify to be in the zone." On Wednesday last, one of our 88-year old residents was at the hospital for most of the day have a procedure done to assist her in walking. Her daughter retumed her to Centre Court Manor in the late afternoon and used the Loading/Unloading zone to park and assist her mother to her apartment., Returning before the 15 minutes had expired she had been ticketed. To subject elderly and/or physically impaired individuals to walk across a potentially busy street from the two-hour zone (remember this building is on a downtown city street with much traffic flow) shows the city appearing to be non- responsive and insensitive to our needs. So much for assisting our physically impaired residents. In closing I want to thank the City Council for the opportunity to speak to this issue on behalf of the residents of Centre C-ourt Manor. I also have a suggestion to offer — return the street in front of Centre Court Manor to Ws former two-hour zone and move the permit parking to the north side of 2nd St S between 1 St and 2"d Aves. W. I believe this change could solve the concerns of our residents. Respectfully Submitted - I WN -, ww.� Thomas H. Hamilton 121 2nd Ave W #1D4 KalispeN. IVIT 59901 Chamber of Commerce N16ri�� 2W Honorable Members of the Kalispell City Council City of Kalispell 312 First Avenue East Kalispell, MT 59901 RE: Letter of Support: Old School Station Industrial suid Technology Tax Increment D6-tricts Dear Members of the City Council: I would like to indicate my support for the proposed industrial and techriology tax increment districts at the Old School Stadon property. The K41ispell Chamber has supported the use of tax increment districts by the City of Kalispell as a tool for encouraging private investment and urban renewal. The Chamber supported the creation of the Downtown, Westside, and Airport tax increment districts. The State of Montana has given municipalities the authority to create tax increment districts with the intent of providing a strong tool for commercial and industrial progress. It is one of the few tools available to Montana cities to help in their efforts to create better economic opportunities for their citizens - The application of tax increment funds, in this instancc� is both prudent and beneficial for the citizens of Kalispell. The City has done a good job of protecting the interests of its citizens in structuring this transaction. with Montana Venture Partners. The Special Improvement District (SID) will pay for the inkastructure improvements within the park. The landowners are responsible to pay for the assessments. The tax increment funds from those companies which qualify as a technology or industrial client will pay for the SED assessments. Those companies that do not quaUfy will pay the assessments and their taxes will be distributed to schools, the county, and other taxing jurisdictions. This area is experiencing 2-3 percent annual population growth. It is important have a diversified base of residential, retail, commercial, and industrial properties to provide a balanced economy. The use of tax increment funds in this development will help create good industrial and technology job opportunities. Sine rely, n c rely,9,, J I eph H. nterreiner, President alispell Area Chamber of Commerce 15 Depot Park * Kalispell, MT 59901 (406) 758-28.00 Fox (406) 758-2805 * Etnaih lnfo@,kAlbpetichomber.com 9 www.kallspelichamber.corn