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07/20/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JULY 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, DUANE LARSON, HANK OLSON AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBER TIM KLUESNER WAS 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, Information Technology Director Erika Hess, Acting Economic and Community Development Director Katharine Thompson, 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 APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kluesner absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — July 6, 2009 2. Ordinance 1665 — Civil Infraction — Tampering with City Water Utility Property — 2nd Reading Currently individuals who tamper with or make unauthorized connections to the city's water utility can be charged with a misdemeanor. Ordinance 1665 changes the offense to a civil infraction and passed unanimously on first reading July 6. 3. Ordinance 1666 — Civil Infraction — Community Decay — 2nd Reading Currently community decay violations such as noxious weeds, junk vehicles, etc. are charged as misdemeanors. Ordinance 1666 changes these violations to civil infractions and passed unanimously on first reading July 6. 4. Award Bid — IIth Street East & 6th Avenue East Drainage Improvements Five bids were received for this project which includes the installation of manholes, storm drain pipe, catch basins, curbing, and asphalt to eliminate intersection flooding on 11th Street East at 5th and 6th Avenues East. Staff recommended the contract be awarded to the low bidder, Schellinger Construction, in the amount of $181,548.50. Kalispell City Council Minutes July 20, 2009 Page 1 5. Award Bid — Willow Glen Drive Drainage Improvements Project Six bids were received for this project which consists of installing manholes and storm drain pipe along Willow Glen Drive to correct drainage problems. Staff recommended the contract be awarded to Sandry Construction for their low bid of $114,748.75. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Kluesner absent. C. STUDENT ISSUES Ariel Berg, 312 Northridge Drive and Megan Garner, PO Box 151, Kalispell, members of STAND, representing Flathead CARE, invited everyone to the Rod Rally parade at 10:00 am this Saturday and stated there are openings in the CARE Kids Camp. D. PUBLIC COMMENT Comments concerning Agenda Item F/1- Conditional Use Permit — Accessible Space, Inc. Dan Billmark, Director, ASI Inc., stated he was sad to learn of the effort of a few neighbors to derail the senior living project. He said this is an important and rare opportunity for senior citizens and it is the only one approved by HUD in 2009; it will be a welcome addition to the community. Ed Eberly, 317 Commons Way, stated the Buffalo Commons Multi -Family Housing no longer opposes the project because the roof pitch was lowered, but there are still unsafe situations with busses backing up and children playing on the undeveloped portion of the lot. He said he would like to see the plans for landscaping and sidewalks. Sue Ann Grogran, Whitefish Housing Authority, asked for council support for the Accessible Space project and stated they have tried to get ASI to build in Whitefish twice, but they could not because of land prices. Mayre Flowers, Citizens for a Better Flathead, noted that ASI is an important project, but it needs to fit appropriately into the neighborhood and public comment should be reopened after the final design is complete. She also commented that the full page ad in Monday's Daily Interlake criticizing current council members was very disrespectful of the civil dialogue process. Greg Lukasik, Morrison & Maierle, representing ASI, commented they are looking at ways to put in a bus and fire truck turn around and they are confident they can make this project work, but they can't do a full design until ASI knows it has the project. He did note the driveway can't go around the building because the storm water detention area is there. Kalispell City Council Minutes July 20, 2009 Page 2 Dave Dorsett, 367 Ponderosa Street, rebutted Billmark's comment regarding a Rochester, NY, ASI project not being subdivided, and that nothing has changed on this particular design in the last six weeks. He said ASI has not sought input from the neighbors and challenged ASI to put the same effort into this project that they did in Lake Tahoe. Marty McClary, Housing Director for Community Action Partnership, stated that rents go into an operating fund to pay the expenses for projects, they don't go to ASI. She said HUD regulates the entire development. Rick Ellingson, 306 Ponderosa Street, said he thinks the ASI project is a good idea, but this is not the right place for it. He asked if the residents can have children or pets living with them. Norma Ryan, 335 Commons Way, remarked the ASI project is too big and too busy for that location and will add too many vehicles to Grandview Drive and Commons Way. Denis Riehl, 315 Commons Way, commented that ASI is a worthwhile project, but it could be rearranged to be more neighborhood friendly, and asked that ASI sits down and talks to everyone. Comments concerning Agenda Item F/4 - Interlocal Agreement — Sam Bibler Memorial Trail Allen Sieler, 20 Treasure Lane, representing the Sam Bibler Memorial Bike Path project, stated the proposed maintenance agreement is important and gave a history of the bike path. He thanked the Parks Department for their cooperation over the years. Terry Welder, 309 Willow Glen Drive, expressed appreciation from the schools along Willow Glen for the Bibler bike path project and also thanked the Parks Department. Shelly Graham, 739 Greenridge Drive, also expressed support for the Bibler bike path, stating she has been concerned with pedestrian safety and this will be a step in the right direction. Other Comments Joe Matulevic, 442 West Spring Creek Road, read a letter on behalf of LaDonna Monk who owns property adjacent to the city airport. He said it was not their intention at last week's work session to appear uninterested in selling the property; in fact Monk would welcome negotiations with the city. Steve Eckels, 619 2nd Ave West, commented that the FAA does not monitor altitude and noise at the city airport as stated in the Daily Interlake. He said the main source of noise is the private flight school, which can operate out of Glacier Park International. Eckels asked that citizens report loud planes to the police department as violations of the city's Disturbing the Peace ordinance. Mickey Lapp, 160 Kelly Road, stated people are upset with Kalispell's state of affairs and council's performance and that "enough is enough". Kalispell City Council Minutes July 20, 2009 Page 3 E. PUBLIC HEARING — PRELIMINARY BUDGET Public comments were accepted concerning the city's 2009/2010 preliminary budget. Mayor Kennedy opened the public hearing. Proponents None. Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/I. CONDITIONAL USE PERMIT — ACCESSIBLE SPACE INC. (TABLED JULY 6) 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. 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 Kluesner absent. Conrad gave an updated staff report, answered questions, and suggested the requirement for payment in lieu of taxes be placed back in the conditional use permit. Olson said he would still like to see the building location moved and a larger area made for the bus to turn around. Billmark and Lukasik distributed a possible new site plan that rotates the building to the south, closer to Grandview with the entrance facing north. They noted, however, the rotation would allow for additional ice to build up on the parking lot and walkways in the winter. There was discussion regarding the pros and cons of rotating the building. Hafferman cautioned the council about redesigning the project which is not within our capabilities, adding there is liability connected with design. He said he also wishes ASI had given more thought to the neighbors, but they are following our regulations. Kalispell City Council Minutes July 20, 2009 Page 4 Webb noted it is important that the sidewalks and entrances have a southern exposure to prevent the formation of black ice. Saverud moved to restore the payment in lieu of taxes (PILT) condition to the conditional use permit. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kluesner absent. Olson argued he doesn't feel the council is designing the development; he just wants it to work for everyone. Olson moved a condition be added requesting the developer use the new site plan presented this evening if possible. The motion was seconded by Kenyon. Gabriel noted the developers came up with an alternative to try and satisfy the neighbors, however, she does not want to limit them to this location and design should they find the building would work better elsewhere on the site. Kenyon and Mayor Kennedy both agreed with Webb and expressed concerns about the proposed north facing entrance and the amount of snow and ice that could accumulate on the sidewalk and in the parking lot. Olson reconsidered, asking the developers to create a plan that would work with the neighbors and the residents of the facility. Olson withdrew his motion. The second concurred. Atkinson moved a condition be added stating that prior to the issuance of a building permit, the developers work with the City of Kalispell Planning Department to develop a site plan that best meets the concerns of the council and neighborhood. The motion was seconded. The concerns of the council and the neighborhood were reviewed. The motion carried unanimously upon vote. There was no further discussion. The main motion, as amended twice, carried unanimously upon vote with Kluesner absent. F/2. RESOLUTION 5375 — PRELIMINARY PLAT EXTENSION - AUTUMN CREEK Thomas, Dean, & Hoskins, on behalf of Lee and Linda Hershberger, requested a one-year extension of the preliminary plat for the Autumn Creek subdivision. Kalispell City Council Minutes July 20, 2009 Page 5 Larson moved Resolution 5375, a resolution approving a one-year extension to the preliminary plat of Autumn Creek Subdivision, more particularly described as Assessors Tracts 6AAK, 6DI and 6AB located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Conrad gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Kluesner absent. F/3. FINAL PLAT — WEST VIEW ESTATES PHASE 3 This is a request for final plat approval of the third phase of West View Estates which consists of 30 single-family lots and one two -acre city park located on the north side of West Reserve Drive, approximately one quarter of a mile east of the intersection of Stillwater Road and West Reserve Drive. Larson moved council approve the final plat for West View Estates Phase 3. The motion was seconded. Conrad gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Kluesner absent. F/4. INTERLOCAL AGREEMENT — SAM BIBLER MEMORIAL TRAIL This is an agreement between the City of Kalispell and Flathead County for the construction and maintenance of the Sam Bibler Trail which would run south along Willow Glen Drive from the Woodland Trail intersection to FFA Drive. Kenyon moved council approve the interlocal agreement with Flathead County for construction and maintenance of a portion of the Sam Bibler Trail. The motion was seconded. Baker gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Kluesner absent. Kalispell City Council Minutes July 20, 2009 Page 6 G. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: Fire: Dan Diehl and Police: Roger Nasset, who announced that Officer John Ortiz has been named Montana Police Officer of the Year. The meeting was adjourned at 9:00 p.m. ATTEST: Theresa White City Clerk Approved August 3, 2009 Kalispell City Council Minutes July 20, 2009 Page 7