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06/15/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JUNE 15, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT DUANE LARSON PRESIDED. COUNCIL MEMBERS KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. MAYOR PAMELA B. KENNEDY AND COUNCIL MEMBER JIM ATKINSON WERE ABSENT. Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa White, Police Chief 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, Housing Manager Katharine Thompson, Planning Director Tom Jentz, Senior Planner Sean Conrad, and Recording Secretary Judi Funk. President Larson 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 with Atkinson and Mayor Kennedy absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — June 1, 2009 2. Award Bid — Grandview Drive & Parkway Drive Sewer Main Upgrades Five bids were received for this project which will increase pumping capacity of the Grandview Drive sewage lift station and increase the size and capacity of the downstream gravity sewer in Parkway Drive. Staff is requesting the bid be awarded to Nelcon Inc. of Kalispell for a total expenditure of $520,295.00. Ordinance 1663 — Amending Skateboard Park Rules & Regulations — 2nd Reading This ordinance deletes the requirement that all BMX bikes must be equipped with protective covering on pegs. Ordinance 1663 passed unanimously on first reading June 1. 4. Ordinance 1664 — Amending Skateboard Park Rules & Regulations — 2nd Reading This ordinance gives 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. Ordinance 1664 passed unanimously on first reading June 1. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson and Mayor Kennedy absent. Kalispell City Council Minutes June 15, 2009 Page 1 C. STUDENT ISSUES None. D. PUBLIC COMMENT Conditional Use Permit — Accessible Space, Inc. David Dorsett, 367 Ponderosa Street, stated the concept for the project is good, but the site design is not. He said it is a boilerplate building and there is no provision for public transportation. Ed Eberly, 317 Commons Way, agreed with Dorsett's comments regarding public transportation, stating there is no place for a bus to stop on the road and it will be hard backing up the bus in the fire engine turnaround. Greg Lukasik, Morrison & Maierle, representing Accessible Space, Inc., detailed the site changes that were made since the last meeting which includes rotating the building and reconfiguring the parking lot. He said he also contacted Eagle Transit regarding the bus turnaround and they suggested the residents use Dial -a -Ride. Concerning PILOT, Lukasik read an email Interim City Manager Myrt Webb received from the HUD director stating HUD will allow for payment in lieu of taxes, but the request must be "supported by a copy of the appropriate legislation or ordinance". Matthew Honeberger, 180 Wakewood Drive, spoke in favor of the conditional use permit noting that we should seize this opportunity for affordable housing and look at the overall picture. Carol Thomas, 314 Ponderosa Street, neighbor of the proposed project commented that residents have no objections to change or to senior housing; they just have issues with the building itself and want it done in the best possible way. Ann Petersen, 16 Farmland Acres Drive, said this project is a great opportunity for the community and she feels it's a great location. Waiver of Engineering Standards — Cottonwood Estates Wally Wilkinson, Cottonwood Estates, LLC, asked for support of the waiver of the city standards to allow a low pressure grinder pump system rather than the conventional gravity -style system for the Cottonwood Estates development. Tom Cowan, Carver Engineering, representing Cottonwood Estates, noted that nothing in the city standards states that centralized pumping is the preferred or required method for sewer conveyance. Doug Siderius, Cottonwood Estates, asked for legal clarification of city standards. Other Comments Todd Snarr, 210 River Place, commented there has been a suggestion to revisit the helmet issue in the skateboard park and he urged the council to leave the requirement in place. He also encouraged the council to look at the budget carefully and remember these are tough times. Kalispell City Council Minutes June 15, 2009 Page 2 Marney McCleary, Community Action Partnership, said she is available to answer questions on the Memorandum of Understanding concerning a community land trust. She also gave a vote of confidence to the Accessible Space project, adding she is familiar with their projects and they do a superb job. Mayre Flowers, Citizens for a Better Flathead, spoke on a number of issues. She said the city should invite Accessible Space and the neighbors to sit down and talk and Accessible Space should be required to make payments in lieu of taxes. Flowers also asked that quarterly city expenses are posted on line, and predicted the Super Wal-Mart intersection will be a traffic nightmare. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. CONDITIONAL USE PERMIT — ACCESSIBLE SPACE INC. (TABLED JUNE 1) 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. The CUP was tabled at the June 1 meeting. Olson moved to remove the conditional use permit for Accessible Space, Inc. from the table. The motion was seconded. The motion carried unanimously upon vote with Atkinson and Mayor Kennedy absent. Webb reported that David Dorsett contacted HUD and discovered that payment in lieu of taxes is an allowable expense in the operational budget. He said the city, however, does need a formal policy and he suggested the council table the conditional use permit until July to allow the city to bring forward a resolution. Conrad gave an updated staff report, noting the building was rotated toward the south and the parking lot was realigned. Olson commented he is still concerned with the residents having to use Dial -a -Ride; the bus should be able to make this area a regular stop. As far as the roof, he said he can live with a 4:12 pitch if the roof is limited to 29 1/2 feet. Hafferman remarked he sees no reason why this project should get special treatment. He said he is opposed to the project unless the payment in lieu of taxes is restored. Saverud stated because of the narrowness of Granrud Drive there is going to be trouble with the bus no matter where it goes. He said he is disappointed the site wasn't better utilized. Kluesner thanked citizen Dorsett for contacting HUD and inquiring about the PILOT issue. He said he also will not support this unless the payment in lieu of taxes is required. In addition, he doesn't believe the new layout meets what the council was looking for. Olson moved to amend condition #7 allowing a roof pitch of 4:12 with a maximum building height of 29.5 feet. The motion was seconded. Kalispell City Council Minutes June 15, 2009 Page 3 The amendment carried unanimously upon roll call vote with Atkinson and Mayor Kennedy absent. Olson moved to table the conditional use permit until July 6. The motion was seconded. The motion to table carried unanimously upon roll call vote with Atkinson and Mayor Kennedy absent. E/2. RESOLUTION 5372 — AUTHORIZE GRANT APPLICATION AND APPROVE MEMORANDUM OF UNDERSTANDING — NORTHWEST MONTANA COMMUNITY LAND TRUST This resolution approves a memorandum of understanding between the city and Community Action Partnership for the purpose of applying for Neighborhood Stabilization Program funds to establish a Northwest Montana Community Land Trust. Kenyon moved Resolution 5372, a resolution authorizing an application to the Montana Department of Commerce for a Community Development Block Grant for Neighborhood Stabilization Funds and approving the Memorandum of Understanding between Community Action Partnership of Northwest Montana and the City of Kalispell. The motion was seconded. Thompson gave a staff report and answered questions. Hafferman expressed concern that the CLT Operating Budget shows revenue from the city of $25,000 per year. He said he agreed to the initial $18,000 donation from the community development department to get the grant, but he will not agree to a yearly commitment. Hafferman moved the first Whereas be amended as follows: "WHEREAS, the City of Kalispell is applying to the Montana Department of Commerce for a Community Development Block Grant for Neighborhood Stabilization Funds in partnership with Community Action Partnership for the purpose of submitting a grant for purchasing foreclosed homes to be placed in a yet to be formed Community Land Trust; and". The motion was seconded. There was discussion. The amendment carried upon roll call vote with Gabriel, Hafferman, Kluesner, Olson, Saverud, and President Larson voting in favor, Kenyon voting against, and Atkinson and Mayor Kennedy absent. The main motion, as amended, carried unanimously upon roll call vote with Atkinson and Mayor Kennedy absent. E/3. WAIVER OF ENGINEERING STANDARDS — COTTONWOOD ESTATES The consulting engineers for Cottonwood Estates is requesting a waiver of city standards for relief from a requirement to build a conventional gravity -style system with centralized pump stations for their proposed sewer design. Kalispell City Council Minutes June 15, 2009 Page 4 Olson moved the council approve the waiver of engineering standards requested by Cottonwood Estates. The motion was seconded. Hansz gave a staff report and answered questions noting that the standards are not there to tell you what you can't do, they are there to tell you what you should do. He recommended the council not deviate from the city standards stating a conventional system can be built on that site. Hafferman agreed it is important we adhere to city standards, but the system they are proposing will work just as well. He said DEQ is the ultimate authority in the matter and if they okay it, we shouldn't have a problem. Kluesner commented this system is far better than everyone being on a septic system. Kenyon noted he will oppose the waiver because of the difficulty of linking later subdivisions, adding the city has nothing to gain by doing this. The motion carried upon roll call vote with Hafferman, Olson, Saverud, and President Larson voting in favor, Gabriel, Kenyon, and Kluesner voting against, and Atkinson and Mayor Kennedy absent. E/4. CONTRACT — RATE STUDY Five firms responded to the city's request for qualification to perform this update. Staff recommended the contract be awarded to HDR Engineering of Bellevue, Washington in the amount of $85,590.00. Gabriel moved the council award the contract to update water, sewer, storm drainage, and street maintenance rates to HDR Engineering of Bellevue, Washington in the amount of $85,590.00. The motion was seconded. Hansz gave a staff report and answered questions. Hafferman expressed concern that we are hiring the same people over and over and questioned why this can't be done in-house. Hansz said his department does not have all of the skill sets necessary to do this in-house and Webb said unless it is done by an outside source it doesn't carry any credibility. The motion carried upon roll call vote with Gabriel, Kenyon, Olson, Saverud, and President Larson voting in favor, Hafferman and Kluesner voting against, and Atkinson and Mayor Kennedy absent. E/5. PRELIMINARY BUDGET APPROVAL AND CALL FOR PUBLIC HEARING Each year the council is required to approve the preliminary budget and set a public hearing. Following the hearing the council will review public comments, make changes, and adopt a final budget in September. Saverud moved the council approve the 2010 preliminary budget and call for a public hearing on July 20. The motion was seconded. Kalispell City Council Minutes June 15, 2009 Page 5 Robertson gave a staff report and answered questions. Kluesner said he is not going to vote for it because he doesn't like it; we are too tight and we are spending too much money. Hafferman said he doesn't like the motion stating we approve the budget. There are too many items that can be and should be trimmed. Hafferman moved the motion be amended as follows: "Move the council to present fipprove the preliminary budget and call for a public hearing on July 20." The motion was seconded. Webb stated the council has to approve the preliminary budget because the city needs spending authority starting July 1. Larson reasoned the final budget will not be adopted until September and changes can still be made, but the city needs operating money after June 30. Olson said he also feels there is a lot of work to be done, but he will approve the preliminary budget to allow the process to move on. The amendment failed upon vote with Hafferman and Kluesner voting in favor, Gabriel, Kenyon, Olson, Saverud, and President Larson voting against, and Atkinson and Mayor Kennedy absent. The main motion carried upon roll call vote with Gabriel, Kenyon, Olson, Saverud and President Larson voting in favor, Hafferman and Kluesner voting against, and Atkinson and Mayor Kennedy absent. F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: Police: Roger Nasset and Public Works: Jim Hansz. President Larson noted that city offices will be closed on July 3rd. G. ADJOURN The meeting was adjourned at 9:50 p.m. ATTEST: Theresa White City Clerk Approved July 6, 2009 Kalispell City Council Minutes June 15, 2009 Page 6