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.
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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.
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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,
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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.
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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