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04/20/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, APRIL 20, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Assistant Fire Chief/Prevention DC Haas, Public Works Director Jim Hansz, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Economic and Community Development Director Kellie Danielson, Human Resources Director Terry Mitton, Planning Director Tom Jentz, Senior Planner Sean Conrad, Airport Manager Fred Leistiko, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPRO VAL Larson moved approval of the Agenda. The motion was seconded. There was no further discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — April 6, 2009 2. Proclamation — Arbor Day — April 24, 2009 Atkinson moved approval of the Consent Agenda with the addition of a proclamation for Screen Free Week. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. David Jones, Kalispell Street Tree Commission, presented the city with the Growth Award 2008 for the 26th year and a Tree USA flag and pole sign. C. STUDENT ISSUES None. Kalispell City Council Minutes April 20, 2009 Page 1 D. PUBLIC COMMENT Katherine Combes, 660 Wishart Road, volunteer for the Inland Cultural Productions, urged the public to attend the world class performance of the Shen Yung Performing Arts on May 21 in Spokane. Clara LaChappelle, 3580 Farm to Market Road, once again implored the council to rethink the location of the bypass rather than dumping all the traffic near subdivisions and the Glacier High School. Jeanie Wilson, Citizens for Better Flathead, announced various Earth Day celebrations and conferences in the area. Rich DeJana, 422 Summit Circle, attorney representing Penco Bros. LLC, noted that "perception is important" and asked that the council not punish his clients and the rest of the neighborhood with the perception of the pre-release center. Doug Denmark, Re/Max Glacier Country, representing his client who owns two lots near the pre- release center, agreed with DeJana that perception is everything. Denmark stated his client has done everything the city has asked in good faith and asked if the city is taking that good faith back. Vaughn Penrod, Penco, commented we are not here to debate the pre-release center, but the site that was chosen. He referred to a letter from local representatives Greg Barkus (SD4), Verdell Jackson (SD5), Bill Beck (HD6), Jon Sonju (HD7), Cheryl Steenson (HD8), Scott Reichner (HD9), and Mark Blasdel (HD10) also stating this is not the right location for the center. Mickey Lapp, 3230 Columbia Falls Stage Road, property owner on Kelly Road, noted the planning board denied a conditional use permit on Vista Loop with only six people speaking against it, but the council heard over two hours of public testimony on the pre-release center and the majority dismissed the publics' views. Kirk Penrod, Penco, stated the perception of the pre-release center will hurt their business and noted the recidivism rate of offenders. Dewey Swank, 275 Somerset Drive, remarked that CCCS is a very good company that runs a great facility. He said it doesn't matter where the pre-release center is located, there will be protests. Greg Lukasik, Morrison & Maierle, stated he is available to answer questions on the Old School Station Latecomers Agreement. Jeff Maphis, Missoula, representing Premier Restaurants, noted they have submitted renderings of the signs for the Montana Club and is available to answer questions. Andy Miller, 175 East Many Lakes Drive, requested council approve the extension of the Latecomers Agreement for Old School Station. Kalispell City Council Minutes April 20, 2009 Page 2 David Mitchell, 249 Sherry Lane, asked for support of the Hockaday Museum of Art zone change and PUD and stated he is available to answer questions. Lucy Smith, Hockaday Executive Director, also asked for council support for the zone change and PUD. George Culpepper Jr., Government Affairs Director, Flathead Building Association, asked if impact fees will be collected on the pre-release center and the Hockaday. E. PUBLIC HEARING — KALISPELL WEST GROWTH POLICY AMENDMENT The proposed amendment would 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. Mayor Kennedy opened the public hearing. Mark Schwager, West Valley Drive, stated it is ludicrous the city is planning for growth eight miles west of the current city limits and he is against it. Clara LaChappelle, 3580 Farm to Market Road, noted there are many new gravel pits and asphalt plants in their area which are not allowed in the city and asked if the city will go around them. She also said she doesn't want to be in the city and she will fight council tooth and nail. Rich DeJana, 422 Summit Circle, remarked he understood what the previous speakers were saying, but the city is looking ahead for planning and it needs to do that. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/l. ORDINANCE 1658 —ZONE CHANGE —NORTHWEST MONTANA TRANSITION CENTER — 2ND 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. Ordinance 1658 passed on first reading with a 5-2 vote April 6. Kenyon moved second reading of Ordinance 1658, 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 6682 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. Kalispell City Council Minutes April 20, 2009 Page 3 In response to criticism, Olson explained that the working committee did not choose the site for the pre-release center; CCCS won the recommendation with the low bid using that site. He noted that 93% of people released from prison return to where they started and they will be competing for jobs regardless of whether the center is here or not. Hafferman remarked he objects to the process used to subvert the zoning regulations. He argued we are splitting a B-2 zone into two parts and inserting a P-1 zone in order to satisfy a government entity. Saverud, in response to comments that the council has not listened to public opinion, said every council member has taken this very seriously and has done a lot of soul searching, adding he is also concerned about the location of the pre-release center. Saverud moved to table the second reading of Ordinance 1658 until the State has completed its study on the site. The motion was seconded. The motion failed upon roll call vote with Hafferman, Kluesner, and Saverud voting in favor and Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting against. Kluesner commented he does not understand how the council can table a proposal because of signage, yet they can quickly move ahead with something like this that will strongly impact the community. He said he would like to have more time to review other sites. Kluesner moved to table Ordinance 1658 for up to six months, requiring two additional locations to be presented. The motion was seconded. The motion failed upon roll call vote with Hafferman, Kluesner, and Saverud voting in favor, and Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting against. There was discussion concerning the appearance of the facility, the security, the resident screening committee, and the process for selecting a site. The motion carried with a 2/3 majority roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman, Kluesner, and Saverud voting against. F/2. CONDITIONAL USE PERMIT — PREMIER RESTAURANTS LLC (TABLED APRIL 6) 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. Council tabled the permit until additional signage information is provided. Kenyon moved to remove approval of the conditional use permit for Premier Restaurants, LLC from the table along with the amendment to allow the word "Casino" on the free standing sign as shown on the site plan. The motion was seconded. Kalispell City Council Minutes April 20, 2009 Page 4 The motion carried unanimously upon vote. Jentz gave an updated staff report and answered questions concerning the proposed signage. The motion to amend carried upon vote with Hafferman, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Atkinson and Gabriel voting against. Atkinson noted he would like the word "casino" on the building smaller. Atkinson moved to add a condition stating the word "casino' on the south side of the building can not exceed four feet in length. The motion was seconded. Kluesner said he does not have enough information on the size of other casino signs in town to vote. Larson remarked he will vote against the amendment because this sign is a major improvement over what we have there now and it will be barely noticeable. Saverud also spoke against the amendment, noting we can simply ask the developer to be sensitive to the size issue. Hafferman remarked the purpose of the sign is to help people find things and cutting it down to four feet doesn't accomplish anything. The amendment failed upon roll call vote with Atkinson and Kenyon voting in favor, and Gabriel, Hafferman, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting against. The main motion, as amended once, carried upon vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Olson, Saverud and Mayor Kennedy voting in favor, and Kenyon voting against. F/3. RESOLUTION 5354 - FINAL PLAT — CORNERSTONE COMMUNITY CHURCH SUBDIVISION This is a request for final plat approval of a two -lot subdivision on approximately four acres located at the northwest corner of the intersection of Highway 93 and Northridge Drive. Larson moved the council accept the subdivision improvement agreement and approve the final plat for Cornerstone Community Church Subdivision. The motion was seconded. Conrad gave a staff report and answered questions. Gabriel and Kenyon commented they still feel the ingress and egress on Highway 93 is dangerous. There was no further discussion. Kalispell City Council Minutes April 20, 2009 Page 5 The motion carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Gabriel and Kenyon voting against. F/4. ORDINANCE 1659 — ZONE CHANGE WITH PUD — HOCKADAY MUSEUM —1ST READING This is a request by the Hockaday Board of Directors for a zone change from RA-3 (Residential Apartment/Office) to P-1(Public) with a planned unit development overlay zoning district to allow for reduced building setbacks necessary to expand the museum. Saverud moved first reading of Ordinance 1659, 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 Lots 1, 2,3 and 4, Block 64, located in the Northeast Quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned City RA-3 (Residential Apartment/Office)) to City P-1 (Public) with a planned unit development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Conrad gave a staff report and answered questions. Leistiko explained an agreement has been signed that states when the expansion project is complete the ownership of the lots and the newly expanded Hockaday would be turned over to the city. Saverud disclosed that he sold the "red house" to the Hockaday in 2006 for their expansion. Kluesner said the city paid approximately $175,000 for the house as a gift to the Hockaday and before he votes he wants to see the agreement stating the property will be turned back to the city when expansion plans are complete and would actually like to have the agreement tied to the PUD. Hafferman stated he agrees with the plans, but is concerned that the PUD is being used to circumvent zoning regulations. He said in the last six months we have revised rules for governmental agencies, but with private developers we have our "enforcers out in gusto". There was no further discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. F/5. RESOLUTION 5355 - INTERLOCAL AGREEMENT — 911 CENTER The 911 Interlocal Agreement establishes a governing board that will administer the new centralized 911 dispatch center which will consolidate the dispatch of law enforcement and emergency response personnel into one operation and one staff serving all of the governmental entities. Kalispell City Council Minutes April 20, 2009 Page 6 Larson moved Resolution 5355, a resolution approving an interlocal agreement with Flathead County, the City of Whitefish and the City of Columbia Falls, Montana, regarding Emergency Services Communication (911 Dispatch) Services. The motion was seconded. Webb gave a staff report and answered questions. Mayor Kennedy noted that she and Larson both served on the committee and a great deal of time was spent on the agreement, however, there are still a lot of specifics missing. She said a King County 911 interlocal agreement they reviewed was extremely detailed with information on how to amend the agreement, terminate the agreement, etc., and even included a dispute resolution process. Mayor Kennedy stated she is in favor of the agreement, but hopes those issues can be included in the board's bylaws. Hafferman said the potential of the benefits far outweighs the risks. There was discussion concerning staff with Webb explaining that the dispatch and technical staff personnel will be employees of the board, however, the payroll administration will be handled by the county. There was no further discussion. The motion carried unanimously upon roll call vote. F/6. RESOLUTION 5356 — INTERLOCAL AGREEMENT — MMIA In January, the Montana Municipal Insurance Authority Board of Directors approved a name change to the Montana Municipal Interlocal Authority. As a result, five resolutions are required to reflect the new legal name on several documents. Resolution 5356 adopts the Revised and Restated Interlocal Agreement. Larson moved Resolution 5356, a resolution approving and adopting the Montana Municipal Interlocal Authority Revised and Restated Interlocal Agreement. The motion was seconded. Mitton gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. F/7. RESOLUTION 5357 — WORKERS' COMPENSATION PROGRAM AGREEMENT - MMIA Resolution 5357 adopts the Revised and Restated Workers' Compensation Program Agreement between the Montana Municipal Interlocal Authority and the City of Kalispell. Kalispell City Council Minutes April 20, 2009 Page 7 Larson moved Resolution 5357, a resolution approving and adopting the Montana Municipal Interlocal Authority Revised and Restated Workers' Compensation Program Agreement. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. F/8. RESOLUTION 5358 — LIABILITY PROGRAM AGREEMENT - MMIA Resolution 5358 adopts the MMIA Amended and Restated Liability Coverage Program Agreement. Larson moved Resolution 5358, a resolution approving and adopting the Montana Municipal Interlocal Authority Amended and Restated Liability Coverage Program Agreement. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. F/9. RESOLUTION 5359 — PROPERTY PROGRAM AGREEMENT — MMIA Resolution 5359 adopts the MMIA Amended and Restated Property Program Agreement. Larson moved Resolution 5359, a resolution approving and adopting the Montana Municipal Interlocal Authority Amended and Restated Property Program Agreement. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. F/10. RESOLUTION 5360 —EMPLOYEE BENEFITS PROGRAM AGREEMENT —MMIA The final resolution necessary to complete the MMIA name change is Resolution 5360 adopting the Employee Benefits Program Agreement. Larson moved Resolution 5360, a resolution approving and adopting the Montana Municipal Interlocal Authority Employee Benefits Program Agreement. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes April 20, 2009 Page 8 F/11. RESOLUTION 5361 —AMENDMENT— OLD SCHOOL STATION LATECOMERS (DEVELOPERS EXTENSION) AGREEMENT This is a request to extend the Latecomers Agreement for Old School Station to 27 years to receive reimbursement for municipal water and sewer connections. Atkinson moved Resolution 5361, a resolution authorizing the City Manager to enter into an agreement on behalf of the city to amend the term of the payback for the existing latecomers agreement for reimbursement for municipal water and sewer system extensions with Montana Venture Partners LLC. The motion was seconded. Harball gave a staff report and answered questions. Hafferman commented he will vote in favor of the extension, but he feels these agreements in which staff can dictate over sizing are "grossly unfair" to the developers and that is why he has requested a work session to discuss the matter. There was no further discussion. The motion carried unanimously upon roll call vote. G. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: Airport: Fred Leistiko, Parks & Recreation: Mike Baker, Public Works: Jim Hansz. Webb announced a workshop regarding city revenues, etc. will be held Monday, April 27. H. ADJOURN The meeting was adjourned at 10:12 p.m. ATTEST: Theresa White City Clerk Approved May 4, 2009 Kalispell City Council Minutes April 20, 2009 Page 9