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04/06/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P,M,, MONDAY, APRIL 6, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, COUNCIL PRESIDENT DUANE L.ARSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TINT KLUESNER, HANK OLSON AND WAYNE SAVERUD WERE PRESENT. MAYOR PAMELA B, KENNEDY AND COUNCIL MEMBER. KART GABRIEL WERE ABSENT. Also present: Interim. City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Acting Fire Chief Dan Diehl, Public Works Director Jim Hansz, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Human Resources Director Terry Mitton, Planning Director Tom Jentz, Airport Manager Fred Leistiko, and Recording Secretary Judi Funk. President Larson called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Saverud moved approval of the Agenda. The emotion was seconded. There was no further discussion. The emotion carried unanimously upon vote with Gabriel and Mayor Kennedy absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes -- Repular Meeting — March 23 2009 Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Mayor Kennedy absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Jentz provided a detailed presentation on the proposed pre-release center. Prerelease Center Comments Doug Denmark, Re/Max Glacier Country, speaking on behalf of his client who owns the lots directly to the north of the proposed pre --release center, stated this is the wrong location for the center; it will Kalispell City Council Minutes April 5, 2009 Page 1 make it impossible for his client to sell his two remaining lots and this is reverse condemnation. He noted he had another client who bid on the pre-release center who found property near Snowline Lane and asked the council to turn this location down. Denmark concluded by speaking in favor of the Calaway Apartments CUP request. Vaughn Penrod, Penco Power Products, spoke in opposition to the pre-release center stating when he built his building, which will be next door to the center, he was not led to believe that this could be possible. In addition, he said a liquor store and bar nearby makes this the wrong place and sets up the businesses in South Kalispell to fail. Hale Ashcraft, Lakeside, commented that Kalispell gets lots of visitors and having the pre-release center at that location will stop people from coming to town. He said businesses are just treading water and "you are going to give our jobs to the damn convicts". Mickey Lapp, 3230 Columbia Falls Stage Road, said she is a commercial property owner on Kelly Road and no one can assure her a pre-release center will not devalue her business. She noted the Governor spoke last week in Lakeside and said many communities are competing for the pre-release center; it does not have to be located in Kalispell. Melissa Mower, Somers, remarked she was parked next to the pre-release center in Butte and residents were walking around outside in groups of three. She said she was afraid so she locked her doors and called her husband. Mower also emphasized being near a liquor store is the wrong place to have this. Joanne Blake, 91.0 7th Avenue west, former addiction counselor, stated she is in favor of the pre- release center and feels this is a great location for it because it makes it easier for the residents to get to work. Mike Thatcher, Community, Counseling and Correctional Services Administrator, spoke in favor of the pre-release center and their program stating that in the last several years they have had over Zoo people from Kalispell complete their program and then return home to Kalispell. He described the screening committee's criteria for accepting an applicant and noted the majority of residents will be alcohol and drug offenders. Thatcher concluded by listing the other properties the pre-release committee looked at including the USDA. building, property on Snowline Lane, the Forest Service building, and Laser School. Chris Walters, Hilton Garden Inn General Manager, read a letter from Joe Guilbault opposing this location for the pre-release center based on two reasons. Guilbault stated it was their understanding that the city was interested in developing the south side of town with interests similar to the Hilton and the proposal is just the opposite of that. Guilbault also wrote that locating a pre-release center near a hotel could lead to security issues and could prevent conventions from coming to Kalispell. Melissa Kelly, Gallatin County Reentry Program Administrator, stated the pre-release center she runs is located in the commercial and residential area in the heart of Bozeman and she urged the council to approve this site. She emphasized applicants are methodically screened and those selected are low Kalispell City Council Minutes April G, 2009 Page 2 level offenders who want to get better and out of 23 offenders from. the Flathead Valley, 18 have successfully completed the Gallatin County program. Trinette Penrod, Lakeside, said she has been told "this is a done deal and it's all about money", but she hopes they are wrong. She said this was not the original plan when her family built Penco and their customers will have to drive right by the center to get to their business. Penrod remarked we are putting prisoners ahead of our children; these people made their choice. Blake Smith, 63 wind River Drive, commented she lived in Butte next to the pre-release center and hired many of the residents to do odd jobs for her which were completed without a problem.. Referring to postcards sent to area residents protesting the center and showing a thief breaking through a window, Smith said she was incensed by the mailing and it is time to face the facts and not assumptions; no one is even going to know the pre-release center is there. Ray Landry, 545 Three Mile Drive, spoke against the location stating it puts people who live and work near there at risk. He said it is the city's duty to provide public safety and it is irresponsible and unreasonable to put this in the area, adding the rate of re -addiction is very high. Dewey Swank, 275 Somerset Drive, stated he is in favor of this location and said if the residents ,walk away it won't be from the center, it will be from their jobs. He said the residents are treated with respect and they try hard to succeed in the program. Charles Lapp, 3230 Columbia Falls Stage Road, spoke in opposition to the zone change for the pre- release center, stating that the Planning Board did not discuss it at all and that some of the review criteria may not have been consistent. Kurt Penrod, Penco, noted that whenever the pre-release center is discussed there is no mention of the liquor store or Scotty's bar being close by. Kathy Morris, 1577 Condor Drive, said she purchased her home in this area after looking for a long time, partly because of the businesses. She asked the council to find a different location for the pre- release center. Lois Wagner, 181 Lawrence Lane, spoke in support stating she was involved in another community's pre-release center; there was a lot of fear from the community in the beginning, but the facility is one of the nicest and best kept buildings in the area. She reminded everyone that inmates will return to the valley after being released regardless of whether there is a pre-release center here. Dave Doty, Martin City, commented that he works at Penco and is not opposed to a pre-release center, but he is opposed to this location. Shane Jackola, 2250 Highway 93 South, noted he is with the architecture firm involved with the project and the center will be a neighbor. He said no place will be right and emphasized that many of the residents will be from our community and will be corning back here with or without the center. Kalispell City Council Minutes April 6, 2009 Page 3 Jada Evans, Columbia Falls, announced her son currently resides in the Butte center and should be released in May to return to the valley. Evans said there is a huge problem in this county with drug and alcohol abuse and the only difference between an addict and a felon is that the felon got caught. She detailed some of her son's difficulties and said the Butte center has taught him life skills that he could not learn on probation. Torn Nerison,1036 Fifth Avenue East, noted that the Sinopah House was built close to his home and the same concerns expressed by his neighborhood turned out to be groundless. Nerison said he was also very offended by the postcard he received in the mail and encouraged people to be willing to take risks and be more positive and tolerant of one another. Steve Breck, 131 Brook Drive, noted the pre-release center is not a new concept; the first one was built in Great Falls 25 years ago. He said if the location is a concern there are numerous examples around the state to show that the concerns are unfounded. Violet Cox, 12 Muskrat Drive, stated as a mother and a homeowner her comfort level is disturbed, especially since the police force is already taxed. Cox asked the council to consider another location because she is also concerned about her property values. Bonnie Olson, 700 Conrad Drive, stated she is Chairman of the Pre-release Center Committee and members have done their due diligence, spending long hours working on this. She said the pre-- release center will give residents a better transition back into the community. Bridget Pellett, 2034 Ruddy Duck Drive, wondered where the residents would get jobs. She said this is a critical issue because we need to find jobs for the people already here before we bring in more people who need employment. Andrea Rush, Marion, stated the business owners and residents in this area are not being given a choice; the jail will come to us. Rob Shupert,1004 First Avenue west, remarked we are talking about the `poor drug addicts", but it was a drug addict that broke into his home by kicking his door in the morning of Christmas Eve. Alicia Penrod, Somers, asked the council to reconsider the location. Rory Young, Jackola Engineering, stated he has been working with CCCS on the pre-release center and will be available for questions. Other Comments Hannah Bjornson, 938 7th Avenue west, stated she has owned Ceres Bakery on Main Street for three years and that she just discovered her sandwich board on a Schwinn bike is illegal; she asked that council consider allowing sandwich boards in the downtown area. Kalispell City Council Minutes April 6, 2009 Page 4 Richard "Boyd" Roth,1343 6th Avenue East, stated we need a central location for a Human Services Center, but not at Gateway west Mall. Jeff Maphis, JCM Architecture, Missoula, representing the Montana Club CUP applicants, asked that the word "casino" be allowed on the freestanding sign as well as on the southern wall of the building. Rob Smith, A to Z Engineering, representing the Calaway Apartments CUP applicant, asked that a height of 40 feet be allowed for the 12 plexes that are next to Highway 93. Tire Calaway, Bigfork, Calaway Apartments applicant, also asked for a 40 foot height limit emphasizing that there is no "scenic view corridor" on Highway 93. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EI1. ORDINANCE 1655 — ZONE CHANGE WITH PLANNED UNIT DEVELOPMENT OVERLAY -- CORNERSTONE CHURCH -- 2ND READING - This is a request by Cornerstone Church to change the zoning from. R-3 to B-1 with a planned unit development overlay on three acres of their four acre property located at the intersection of Northridge Drive and Highway 93 to accommodate a new bank facility. ordinance 1655, amended three tunes, passed on first reading with a 6-3 vote. Atkinson moved second reading of Ordinance 1655, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance, (Ordinance No. 1460), by zoning certain real property more particularly described as Lot IA, Kalispell Addition No. 15A located in Section 1, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana (previously zoned City R-3 (Urban Single Family residential)) to City B-1 (Neighborhood Buffer District) with a Planned Unit Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Hafferman, K.luesner, Olson, Saverud, and President Larson voting in favor, Kenyon voting against, and Gabriel and Mayor Kennedy absent. E12. ORDINANCE 1657 -- PLANNED UNIT DEVELOPMENT AMENDMENT — 911 CENTER -- 2ND READING Amendments to the minimum yard setback and the emergency communication tower height requirements are being requested to the Spring Prairie PUD to accommodate the 911 Center. Ordinance 1657 passed on first reading with an 8-1 vote. Kalispell City Council Minutes April 6, 2009 Page 5 Saverud moved second reading of ordinance 1657, an ordinance authorizing and adopting an amendment to the Spring Prairie Planned Unit Development agreement in association with the construction and development of the Emergency operation Center. The motion was seconded, Hafferman noted he will be voting against the amendment because of the tower height, adding that people affected should have time to respond. There was no further discussion. The motion carried upon roll call vote with Atkinson, Kenyon, Kluesner, Olson, Saverud, and President Larson voting in favor, Hafferrnan voting against, and Gabriel and Mayor Kennedy absent. E/3. FINAL PLAT — TIMBERWOLF CENTER PRASE 1B This is a request for final plat approval of Lot 2 of the Timberwolf Center commercial subdivision which will provide a location for the new Emergency Communications Center in Spring Prairie. Kenyon moved the council accept the subdivision improvement agreement and approve the final plat for Timberwolf Center Phase 1B. The motion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel and Mayor Kennedy absent. E/4. ORDINANCE 1655 — ZONE CHANGE — NORTHWEST MON'1'ANA TRANSI'T`ION CENTER --1ST READING Community Counseling &Correctional Services is requesting a zone change from B-2 (General Business) to P-1 (Public) for 2 tracts of land totaling 1.78 acres located on the west side of US Highway 93 South just south of Kelly Road. Kenyon moved first reading of ordinance 1655, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance, (ordinance No. 1460), by zoning certain real property more particularly described as Tract A of COS 15749 and COS 6652 located in Section 20, Township 28 North, Range 21 west, Flathead County, Montana (previously zoned City B-2 (General Business)) to City P-1 (Public) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Hafferrnan said as far as he is concerned this is an issue of property rights. He said when an area is zoned the city has a covenant with the property owners and the zone should not be changed unless both parties agree. He stated he would be willing to table this until the proponents can address the other property owners' concerns. Kalispell City Council Minutes April 6, 2009 Page 6 Kluesner said there was very little in the planning board minutes concerning the zone change and he takes umbrage that the board did not discuss this zone change thoroughly when we are infringing on other people's property values and rights. Kluesner read from the planning staff report and stated he cannot support this right now because he's really concerned about property values and he feels it needs more discussion. Jentz rebutted that the planning board discussed the zone change during a work session, which is why there was so little discussion during their meeting. In addition, he said board members disassociated themselves from the pre-release center and just talked about the merits of the zone change itself. He noted the petitions submitted to the board only referred to the pre-release center, not the zone change. Kluesner noted the documentation ties the zone change and the pre-release center together and he still sees no reason to plop a P-1 zone inside a B-2 zone just because a sliver of the property touches the airport. Hafferman answered the reason is that a B-2 does not allow prisons. The P--1 zone does, however, with a conditional use permit. There was no further discussion. The motion carried upon roll call vote with Atkinson, Kenyon, Olson, Saverud, and President Larson voting in favor, Hafferman and Kluesner voting against, and Gabriel and Mayor Kennedy absent. E15. CONDITIONAL USE PERMIT -- NORTHWEST MONTANA TRANSITION CENTER Community Counseling &. Correctional Services is also requesting a conditional use permit to operate a 40 bed "Pre -Release Center" at 2282 US Highway 93 South. Kenyon moved the council approve the conditional use permit for the Northwest Montana Transition Center. The motion was seconded. Atkinson remarked that we have troubled individuals in our community and this center is a tool to help people reestablish themselves back into the community, emphasizing a community is only as strong as its weakest leak. Olson remarked he wants to thank the person who sent out the postcard because it made the point that it is better to teach someone skills rather than just release them from prison. He said center residents are low-level offenders that can be taught skills in order to get jobs and he doesn't feel the southern entrance to Kalispell will suffer. Kalispell City Council Minutes April 6, 2009 Page 7 Kluesner asked questions regarding who is responsible if something happens because of the center and whether the city could take corrective action if necessary. Harball answered if the center is found to be negligent then they would be held responsible, but ultimately it is the individual who would be held responsible for his behavior. He said the committee would feel the heat if something were to go wrong and Harball emphasized the center will be watched very carefully by a lot of people. Kluesner agreed that transition centers are good, but he has yet to hear why this is the right location. He said other choices haven't been presented and he feels pushed into a corner. Kluesner moved to table the conditional use permit until the council is presented with two additional locations within six months. The motion was seconded. The motion to table failed upon roll call vote with Hafferman, Kluesner and Saverud voting in favor, Atkinson, Kenyon, Olson, and President Larson voting against, and Gabriel and Mayor Kennedy absent. At the request of Saverud, Steve MacArthur, Butte CCCS Director, outlined the residents' daily activities. President Larson noted he called the former Butte-Silverbow County Attorney regarding their pre- release center, who thought it was good for their community and highly recommended it. There was no further discussion. The motion carried upon roll call vote with Atkinson, Kenyon, Olson, Saverud and President Larson voting in favor, Hafferman and Kluesner voting against, and Gabriel and Mayor Kennedy absent. Lib. CONDITIONAL USE PERMIT -- THE VILLAS LLC Mark waatti is requesting a conditional use permit to locate an assisted living facility located mid - block on the east side of 5th Avenue west between 1st Street west and 2nd Street west. Saverud moved the council approve the conditional use permit for the Villas, LLC. The emotion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel and Mayor Kennedy absent. Kalispell City Council Minutes April 6, 2009 Page 8 E17. CONDITIONAL USE PERMIT -- PREMIER RESTAURANTS LLC This is a request for a conditional use permit to operate a casino in conjunction with a bar and restaurant called the Montana Club at 1301 South Main Street, the current site of Sawbucks. Kenyon moved the council approve the conditional use permit for Premier Restaurants, LLC. The motion was seconded. Jentz gave a staff report and answered questions. Hafferman moved the word `Casino" be allowed on the free-standing sign as shown on the site plan. The motion was seconded. Atkinson commented he doesn't feel the word "casino" needs to be on the wail and the sign. Olson said he doesn't feel there is enough information on the signage and suggested tabling the CUP. Larson remarked he has looked at the Sawbucks sign and this will be better. Atkinson moved to table the motion and the amendment until April 20 in order to receive more information on the signs. The motion was seconded. The motion to table carried upon vote with Atkinson, Kenyon, Olson, and Saverud voting in favor, Hafferman, Kluesner, and President Larson voting against, and Gabriel and. Mayor Kennedy absent. EI8. CONDITIONAL USE PERMIT — CALAWAY BROTHERS LLC This is a request for a conditional use permit to construct S apartment buildings on several properties totaling 4.8 acres at 1079 Meridian Road, north of Underhill Court and south of Three Mile Drive. Saverud moved the council approve the conditional use permit for Calaway Brothers, LLC, The motion was seconded. Jentz gave a staff report and answered questions. Kluesner moved to raise the peak roof height elevation from 3050 feet to 3060 feet. There was no second. There was additional discussion. The main motion carried upon roll call vote with Atkinson, Hafferrnan, Kluesner, Olson, Saverud, and President Larson voting in favor, Kenyon voting against, and Gabriel and Mayor Kennedy absent. Kalispell City Council Minutes April 6, 2009 Page 9 E/9. DEVELOPER'S EXTENSION LATECOMERS AGREEMENT — LONE PINE TRAILS The city's Extension of Services Plan specifies a maximum 10-year period for Developer Extension Agreements. The developer of Lone Pine Trails is requesting a 30-year period. Kenyon moved the council approve the Developer Extension Agreement with Lone Pine Trails. The motion was seconded. Hansz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel and Mayor Kennedy absent. E110. RESOLUTION 5351 - RESOLUTION OF INTENT AND CALL FOR. PUBLIC HEARING — KALISPELL WEST GROWTH POLICY AMENDMENT The planning staff has been working with the planning board and property owners in the Kalispell West planning area for over 2 years as part of the annual planning board work program. Resolution 5351 schedules a public hearing for April 20 on a proposal to update the western portions of the Kalispell Growth Policy 2020 for the area west of Stillwater River and Road, north of Two Mile Drive, east of Farm to Market Road, and south of Church Drive. Atkinson moved Resolution 5351, a resolution of intention to adopt, revise or reject a recommended amendment to the Kalispell Growth Policy 2020 and to call for a public hearing. The motion was seconded. Jentz gave a staff report and answered questions. Hafferrnan commented he will vote "no" on this because we are having problems now completing our sewage contract obligations. There was no further discussion. The motion carried upon roll call vote with Atkinson, Kenyon, Kluesner, Olson, Saverud, and President Larson voting in favor, Hafferrnan voting against, and Gabriel and Mayor Kennedy absent. Elll. RESOLUTION 5352 — AMBULANCE TRANSPORTATION RATE INCREASE Resolution 5352 establishes an increase in the ambulance transportation rates due to cost increases in fuel, wages, and medical supplies. It also eliminates the $200 out -of --city response fee which has not generated the anticipated revenue. Kalispell City Council Minutes April G, 2009 Page 10 Olson moved Resolution 5352, a resolution amending Resolution No. 5313, by revising ambulance rates for the use of the Kalispell Ambulance Service and declaring an effective date. The motion was seconded. Diehl gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel and Mayor Kennedy absent. E112. RESOLU'T'ION 5353 -- LADDER TRUCK TRANSFER TO COLUMBIA FALLS This resolution transfers the city's 1978 Seagraves ladder truck to Columbia Falls with the understanding that the Columbia Falls Fire Department will respond to Kalispell with the ladder truck if requested. Saverud moved Resolution 5353, a resolution to convey a 1978 Seagraves ladder truck to the City of Columbia Falls, Montana and to enter into a mutual aid agreement with the City of Columbia Falls, Montana. The motion was seconded. Diehl gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel and Mayor Kennedy absent. F. MAYD COUNCIL CITY MANAGE EPAR'T'MEN T` SUPERVISOR'S REPORTS (No Action) President Larson reminded the council there will be a work session on April 13 and the next regular meeting will be April 20. G. ADJOURN The meeting was adjourned at 11:58 p.m. ATTEST: Theresa white City Clerk Approved April 20, 2009 Kalispell City Council Minutes April 6, 2009 Page 1