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06/01/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JUNE 1, 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, Acting Fire Chief Dan Diehl, Assistant Fire Chief/Prevention DC Haas, Public Works Director Jim Hansz, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Recreation Superintendent Jennifer Young, Economic and Community Director Kellie Danielson, Housing Manager Katharine Thompson, Senior Planner Sean Conrad, Planner 11 PJ Sorensen, Airport Manager Fred L.eistiko, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved approval of the Agenda. The motion was seconded. There was no further discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting; — May 18, 2009 2. Award Bid — 2009 Chip Seal Project Only one bid was received for the 2009 Chip Seal Project. Staff is recommending the bid be awarded to Pavement Maintenance Solutions of Columbia Falls for a total expenditure of $148,878.80. 3. Ordinance 1661— Amending Enforcement of Parking Regulations — 2nd Reading Ordinance 1661 authorizes the Parking Commission to utilize a vehicle incapacitation wheel boot to assist with parking enforcement efforts. Ordinance 1661 passed unanimously on first reading May 18. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes June 1, 2009 Page 1 C. STUDENT ISSUES None. Mayor Kennedy recognized Boy Scout Troop 1901. D. PUBLIC COMMENT Comments Concerning Agenda Item #5 - Conditional Use Permit — Accessible Apace, Inc. Dan Billmark, Director of Development, Accessible Space, Inc., St. Paul, Minnesota, detailed some of the history of ASI and asked for council's reconsideration of the requirement for a PILOT agreement. He said payments in lieu of taxes are not allowed under the HUD rules and if required, could jeopardize the project. Ed Eberly, 317 Commons Way, spoke against the Accessible Space CUP. He questioned the lack of parking and the 34 foot building height, stating the other buildings in the area are only 26 feet high. Eberly supported the payment in lieu of taxes requirement. Robert Ekblad, 319 Commons Way, said he owns the property that ASI is building on and it is a nice area within walking distance of many doctors' offices, restaurants, etc. He noted he purchased the property for a scenic easement and now he would like to sell it and retire and he feels this is a project for the greater good. David Dorsett, 367 Ponderosa Street, commented the ASI project will have negative impacts on their neighborhood because of the height, location of the building, and the parking situation. He asked for a written access easement for the bike path and stated he is also in favor of the PILOT agreement. Carol Thomas, 314 Ponderosa Street, stated she lives in the townhouse that will be most affected by the ASI project; she has four windows and three of them will face the new building, and she will never get any sun. She asked council to optimize the site and situate the building correctly so the residents can have a view. Marilyn Eberly, 317 Commons Way, stated she also has concerns about the parking. Greg Lukasik, Morrison & Maierle, Accessible Space, noted the traffic impacts are typically lower with this type of development, the parking is double what is required for the zone, and the slope determines where the building will be built. Lukasik concluded by noting the PILOT money would be a deal breaker. Harold Thompson, architect, Accessible Space, stated they are willing to look at the building height and setbacks and will work with planning. Dennis Reel, 315 Commons Way, spoke against the Accessible Space CUP and asked that the project be a single level. Kalispell City Council Minutes June 1, 2009 Page 2 Other Comments Carlene Kohr, Kalispell, spoke regarding there is a perception of a loss of faith in the fire department in the community. April Terry, Marion, stated she works at the high schools and the college and the firefighters have been donating their time by teaching her kids. She said she supports the firefighters and paramedics, and offered to help find creative ways to fix the budget. Pastor Nathan Bemis, 64 Dove Lane, Bible Baptist Church, spoke against having the Montana Pride Parade in Kalispell. Eloise Hill, 467 6th Avenue West North, spoke against changing the sign regulations, stating this will have a strong impact on residential neighborhoods by allowing two large signs per lot. She asked why the size of the signs needs to increase so dramatically and how the ordinance would be enforced. Mayre Flowers, Citizens for a Better Flathead, commented on a number of issues, including the CUP for ASI, the temporary sign ordinance, and the grandfathering of transportation impact fees for Wal- Mart and other developments. She asked that the issue be scheduled for a council meeting. Lindsay Ursgaard, 20 Dale Drive, spoke in support of the fire department and paramedics, stating if staff is cut, they can't work to the best of their ability. Reverend Gerald Kissler, Flathead Valley United Church of Christ, 204 7th Avenue West, spoke in support of the pride parade and noted his church of inclusion is excited to be walking in support and creating a float for the parade. Todd Snarr, 210 River Place, applauded the four council members that voted to not change the helmet rule at the skate park and suggested a fee be charged to use the skate park. He also noted all city departments should be held responsible for their costs. Roxanna Brothers, 786 4th Avenue West North, said she is concerned about the council's comments regarding the firefighters' use of Kelly Days and noted that all city employees are important to this town. Geri Robbins, PO Box 2225, Kalispell, commented she would like to see adequate snow plowing; she feels the parks department should be allowed to shut down the skate park if necessary; and if temporary signs are allowed they should not be as large as proposed. E. PUBLIC HEARING — BUDGET AMENDMENT — FIRE DEPARTMENT The budget amendment would cover fire department salaries and benefits for fiscal year 2008-2009. Mayor Kennedy opened the public hearing. Kalispell City Council Minutes June 1, 2009 Page 3 Proponents F. Ray Ruffato, 1981 Bluestone Drive, Secretary/Treasurer of Kalispell Firefighter's Association Local 547, spoke in favor of the budget amendment and explained the use of Kelly Days by the department. He noted a short-staffed fire department results in delayed response times. Opponents None. Mayor Kennedy closed the public hearing. F. PUBLIC HEARING — BUDGET AMENDMENT — PARKING COMMISSION The budget amendment would cover shortfalls in the Parking Commission's budget for fiscal year 2008-2009. Mayor Kennedy opened the public hearing. Proponents None. Opponents None. Mayor Kennedy closed the public hearing. G. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION G/I. RESOLUTION 5369 — BUDGET AMENDMENT — FIRE DEPARTMENT Resolution 5369 authorizes a budget amendment to cover additional costs in the fire salary line item amounting to approximately $130,000. Robertson gave a staff report and answered questions. Saverud moved Resolution 5369, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2008-2009 budget adopted by the City Council. The motion was seconded. Larson stressed the importance of available staffing; adding the shortfall in the ambulance is due to collection problems. He also noted that one person was not budgeted for, yet is still on the staff. Kalispell City Council Minutes June 1, 2009 Page 4 Hafferman stated there is something wrong with our budgeting when we begin with a $425,000 carryover and end with $136,500. He said he would like to see a revised amendment for the 2008/2009 budget showing how we are going to get back to a carryover of $177,000, which is the November figure. Hafferman moved to table Resolution 5369 until ,June 15. There was no second. Atkinson asked if Kelly Days are federally mandated. Diehl answered they are not. Olson remarked that 80% of our budget is people; we cannot save money without cutting positions. Kluesner commented we need to pay this, but the council needs to talk about budgeting policies and procedures. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud and Mayor Kennedy voting in favor, and Hafferman voting against. G/2. RESOLUTION 5370 — BUDGET AMENDMENT — PARKING COMMISSION Resolution 5370 authorizes a budget amendment to cover additional expenses for snow removal and contract services, along with a shortfall in record depreciation, for the parking commission in the amount of $17,000. Robertson gave a staff report and answered questions. Atkinson moved Resolution 5370, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2008-2009 budget adopted by the City Council on behalf of the Parking Commission. The motion was seconded. Hafferman noted he is voting for this because it is a self-contained fund and the money does not come out of the general fund. The motion carried unanimously upon roll call vote. G/3. ORDINANCE 1663 — AMENDING SKATEBOARD PARK RULES & REGULATIONS —1ST READING Council considered amending Ordinance 1492 by deleting the requirement that all BMX bikes must be equipped with protective covering on pegs. Gabriel moved first reading of Ordinance 1663, an ordinance amending Ordinance No. 1492 codified as Kalispell City Code 19-20 regarding the Woodland Skateboard Park Rules and Regulations and declaring an effective date. The motion was seconded. Kalispell City Council Minutes June 1, 2009 Page 5 Young and Baker answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. G/4. ORDINANCE 1664 — AMENDING SKATEBOARD PARK RULES & REGULATIONS —1ST READING Council considered amending Ordinance 1492 by giving the Parks and Recreation Department the right to close the Woodland Skate Park for a determined period of time if the park is deemed dangerous or unmanageable. Larson moved first reading of Ordinance 1664, an ordinance amending Ordinance No. 1492 codified as Kalispell City Code 19-20 regarding the Woodland Skateboard Park Rules and Regulations and declaring an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. G/5. CONDITIONAL USE PERMIT — ACCESSIBLE SPACE INC This is a request for a conditional use permit to construct a 23-unit assisted living apartment building on approximately 2 acres located at the eastern end of Indian Trail. Kenyon moved the council approve the conditional use permit for Accessible Space, Inc. The motion was seconded. Conrad gave a staff report and answered questions. Olson remarked this is a great project, but the development should be nicer to the neighbors. Olson moved to add a condition limiting the building height to 28 feet. The motion was seconded by Kenyon. The amendment carried unanimously upon vote. There was discussion regarding the possible relocation of the building and the parking area. Olson commented he is uncomfortable making changes to the project without the developer sitting down with staff. Atkinson noted he is concerned that there is no provision for the upgrade of Grandview Drive. He said it is going to be difficult for Eagle Transit to pick up passengers. Kalispell City Council Minutes June 1, 2009 Page 6 Saverud commented he is also disappointed the residents will not enjoy the view unless they are outside, but added that the building and parking issues are not going to matter if the council cannot agree on the payment in lieu of taxes issue. He said he wants the PILOT requirement to remain. Dan Billmark answered several questions and reiterated that there are no excess funds to make the payment in lieu of taxes. Hafferman noted the Courtyard Apartments and the Cherry Orchard senior housing apartments have to pay taxes; should we tell them now that they don't have to. Kenyon noted we have talked and talked about affordable housing and it is time to step up and make the sacrifice for it; we are only talking a few thousand dollars here. Kenyon moved that Condition 11 be removed. (Condition 11 reads, "The developer shall enter into an agreement with the city for an annual "payment in lieu of local property taxes" (PILT) to address the shortfall in the payment of municipal services. ") The motion was seconded. Larson commented he is in favor of the amendment because the entire project will be lost if it is not removed. Gabriel echoed Larson's remarks. The amendment carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman, Kluesner, and Saverud voting against. There was discussion that prior to final approval the developers should look at the project once again to determine if anything additional can be done to satisfy the concerns of the council and the neighbors. Olson moved to table the conditional use permit until June 15. The motion was seconded. The motion to table carried unanimously upon roll call vote. G/6. ORDINANCE 1665 —SIGN REGULATIONS ZONING TEXT AMENDMENT —1ST READING This is a request by the City of Kalispell to allow the placement of up to two temporary off -premise signs per lot in any R (Residential) zone. Kenyon moved first reading of Ordinance 1665, an ordinance amending the Kalispell Zoning Ordinance (Ordinance No.1460), by amending Section 27.24, Sign Regulations, and declaring an effective date. The motion was seconded. Sorensen gave a staff report and answered questions explaining the main purpose of the amendment is to allow for real estate signs and erecting them would require a permit. Kalispell City Council Minutes June 1, 2009 Page 7 Harball cautioned, however, the city cannot legally make the signs content specific. Olson remarked that if we cannot control the content of the signs, then we shouldn't change the regulations. There was discussion concerning the allowable size and enforcement. Larson spoke against the amendment for the reasons stated during public comment at the beginning of the meeting. Hafferman said this has gotten out of hand and he will have to vote against it. The motion failed unanimously upon roll call vote. G/7. RESOLUTION 5371 — RESOLUTION OF INTENT TO ANNEX AND CALL FOR PUBLIC HEARING — WHOLLY SURROUNDED PROPERTIES Over the course of the last two years the city has discovered a number of properties which are wholly surrounded, but have not been annexed. The first group of parcels was annexed last year and staff is now bringing forward the next group for consideration. Larson moved Resolution 5371, a resolution of intention to annex territory into the City of Kalispell, under the provisions of Title 7, Part 45, M.C.A. (Annexation of Wholly Surrounded Land), comprising tracts of land, more particularly described in Exhibit "A", directing the City Clerk to provide notice of this resolution as provided by law, and setting a public hearing. The motion was seconded. Sorensen gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. H. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: Economic and Community Development: Kellie Danielson, City Clerk: Theresa White. Mayor Kennedy announced the city has received Montana Recovery Act Dollars in the amount of $339,549 for infrastructure projects. Kalispell City Council Minutes June 1, 2009 Page 8 I. ADJOURN The meeting was adjourned at 10:40 p.m. ATTEST: Theresa White City Clerk Approved June 15, 2009 dy yme� g�4�� M. Duane Larson Council President Kalispell City Council Minutes June 1, 2009 Page 9