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04/07/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 7, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY ]KENYON, DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Police Chief Frank Garner, Assistant Fire Chief Jim Stewart, Parks and Recreation Director Mike Baker, Zoning Administrator P.J. Sorensen, Administrative Coordinator Pati Heath, Community Development Manager Sandy Wheeler and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Atkinson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting March 17, 2003 2. Pledged Securities as of March 31, 2003 3. Proclamation — Child Abuse Prevention and Awareness Month 4. Proclamation — Sexual Assault Awareness Month Peters moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion as amended carried unanimously upon vote. STUDENT ISSUES None HEAR THE PUBLIC David Brown,1925 Belmar, spoke on the growing malnutrition problems and presented the Council with a hand out outlining dietary recommendations for children. Mike Grachek,121 Garland, President of the Kalispell Business Owners association, stated a recent poll of association members showed ninety-seven percent do not agree with Attorney Harball's opinion that Kalispell residency is not required to vote in City elections. He said eighty-four percent said the City Council should get a second opinion on whether a person living outside the City can register to vote in the City using a business address, and ninety-five percent of the members said the Kalispell City Council Minutes April 7, 2003 Page t City Council should conduct an independent investigation to determine whether two current members of the Parking Commission actually live within the City limits as required by law. ORDINANCE 1448 — INITIAL ZONING — LEISURE HEIGHTS SUBDIVISION — 2ND READING Wind River Development Corporation has asked for an initial zoning designation of R-2, Single Family Residential, for approximately 32 acres located on the east side of Willow Glen Drive, southwest of Leisure Drive. Ordinance 1448 passed on first reading March 17th following annexation of the area. Larson moved second reading of Ordinance 1448, an ordinance to amend Section 27.02.010,Official Zoning Map, City of Kalispell Interim Zoning Ordinance, (Ordinance No. 1439), by zoning certain real property described as Leisure Heights Addition No. 322 and further described on Exhibit "A" located in Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-2, Single Family Residential) to City R-2 (Single Family Residential) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Hafferman read a written statement expressing a major concern with the width of right-of-way on Willow Glen. (Statement is attached and by this reference is made a part of the official record) Leistiko asked if Willow Glen is a City street or a secondary State road. Kukulski answered a secondary State road and there is a requirement that ten feet along Willow Glen Road be dedicated with the assumption that ten feet on both sides of the road will be improved to eight feet. Kenyon asked if the right-of-way would interfere with the proposed pedestrianlbicycle path. Kukulski said eighty feet of right-of-way should accommodate everything. Hafferman stated the preliminary plat shows a sixty -foot right-of-way with no easements. Atkinson asked if it's sixty feet or eighty feet. Wilson explained there are two components involved. She said the future upgrade of Willow Glen calls for an eighty foot right-of-way built to urban standards and a condition on the preliminary plat requires a ten foot reservation of right-of-way for purposes of future acquisition. Wilson said at this point, until a project is actually presented, it would be premature to ask for dedication of that right- of-way, however, staff has attempted to identify that right-of-way. Wilson added the second component is the construction of a pedestrian/bicycle path on the east side of the roadway and a twenty foot wide area has been identified for this purpose. She said the hope is the trail will be completed within the next two to three years, and in her opinion, the reconstruction project for Willow Glen won't start for another five to ten years, at which time they hope the path will be integrated into the design. Olson said we're talking about eighty feet of right-of-way yet there is only seventy feet identified. He asked where the additional ten feet will be. Kalispell City Council Minutes April 7, 2003 Page 2 Wilson answered the additional ten feet theoretically would come off the other side of the roadway at the time of right-of-way acquisition. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. ORDINANCE 1449 — ZONING TEXT AMENDMENT REQUEST — KALISPELL REGIONAL MEDICAL CENTER —1ST READING Kalispell Regional Medical Center is requesting an amendment to the Kalispell Interim Zoning Ordinance to change the sign standards in the H-1, Health Care, zoning district to better accommodate the signage associated with the new hospital campus currently under construction. Kenyon moved first reading of Ordinance 1449, an ordinance amending Section 27.24.100 of the Kalispell Interim Zoning Ordinance, (Ordinance No. 1439), by amending the sign standards to allow additional signage in the H-1, Health Care District, and declaring an effective date. The motion was seconded. Kukulski gave a staff report. Hafferman commented the amendment appears fairly straight forward, but questioned why the amendment is being considered at this time. He said he understood the entire sign ordinance was being reviewed and referred to a recent sign amendment request from Gary Collier. Hafferman said he feels Section 27.24.080 clarifying single -faced and double-faced signs could be included in this text amendment. Kukulski said a work session is pending to discuss several issues with the sign ordinance, including Collier's request. He said at this time it would be inappropriate to include single -faced and double- faced signs with this request. Leistiko commented there are signs posted near the hospital advertising future businesses, such as a cafe and a car wash. He asked how this amendment will affect businesses other than the hospital. Kukulski responded that the sign amendment will only affect the H-1 zone and those businesses are located outside that zoning district. The motion carried unanimously upon roll call vote. ORDINANCE 1450 — PUD AMENDMENT — BUFFALO COMMONS —1ST READING Kalispell Regional is also requesting amendments to the sign standards in the Planned Unit Development Agreement between the City of Kalispell and the Medical Center for the Buffalo Commons development. Kenyon moved first reading of Ordinance 1450, an ordinance amending Ordinance No.1226 (Planned Unit Development, Buffalo Commons) by amending the sign standards for the medical/professional facilities pod, and declaring an effective date. The motion was seconded. Wilson gave a staff report explaining that when Sunnyview Lane was relocated, it divided the hospital campus into two separate zoning districts, the H-1 zone and the Planned Unit Development, which is considered a separate zone. She said the hospital's request required an amendment to the text for the H-1 zone and an additional amendment to the PUD. Wilson said the amendment only Kalispell City Council Minutes April 7, 2003 Page 3 affects the medical/professional facilities and doesn't involve changes to the retail commercial area next to the highway. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4779 — RESOLUTION OF INTENT TO ANNEX — MEADOW PARK This is the first step in the process to annex the Meadow Park area, which generally includes Meadow Park Units 1 and 2; those properties adjacent to the south side of Kelly Road; and those properties adjacent to the north side of Kelly Road between Highway 93 and South Woodland Drive. Kenyon moved Resolution 4779, a resolution of intention to annex territory into the City of Kalispell, under the provisions of Title 7, Chapter 2, Part 43, M.C.A. (annexation of contiguous land), comprising platted tracts of land and unplatted land that has been surveyed for which certificates of survey have been filed, more particularly described in Exhibit "A", to be designated as Meadow Park Addition No. 323, and directing the City Clerk to provide notice of this resolution as provided by law. The motion was seconded. Kukulski gave a staff report, explaining that staff has worked on this annexation for several months and the resolution of intention is the first step. He said all of the residents being considered for annexation have immediate access to, or already have, all City services. Larson asked if Russell Drive is a private road, if the City is going to force connection to services once the annexation takes effect, and when fire hydrants will be installed. Kukulski answered there are a series of private and public roads in this area and it's the belief of the staff that the City will take over those streets when annexation is complete. He said the City would not force connection to services, and three fire hydrants are scheduled to be installed immediately upon annexation. Leistiko asked if it's true that the private water source in that area cannot provide the pressure needed for fire hydrants and, therefore, the hydrants will be connected to the City's water system. Kukulski said that's correct and the City will be working with the neighborhood to the north to find ways to upgrade that system. Hafferman stated he will vote in favor of the resolution but read a written statement outlining his comments on the Extension of Services Plan and his opinion that the City is required to hold a public hearing. (Statement is attached and by this reference is made a part of the official record) Kukulski stated even though the Council will not be holding a formal public hearing, written comments and remarks made during the Hear the Public portion of the meeting will be placed on record. He asked Wilson if the Planning Board will be holding a public hearing and she answered yes, but only on the zoning issue. In answering other concerns of Hafferman, Kukulski explained the City would not be requiring residents to hook to sewer or water, and street lights would not be installed unless fifty-one percent of the residents requested them. As far as speed bumps, Kukulski said the City will require that the bumps be removed. Kalispell City Council Minutes April 7, 2003 Page 4 Hafferman said the point he is trying to make is that all of the answers to his questions need to be included in the extension of services plan so it's part of the permanent record. The motion carried unanimously upon roll call vote. RESOLUTION 4780 — COMMUNITY DEVELOPMENT REVOLVING LOAN FUND PROGRAM This resolution creates a revolving loan fund for small business retention and expansion. The fund is intended to stimulate economic development activity and will assist businesses by making appropriate long-term, fixed rate financing available at reasonable interest rates. Atkinson moved Resolution 4780, a resolution to establish an Economic Development Revolving Loan Fund for business retention and expansion and to create an economic development loan review committee. The motion was seconded. Kukulski gave a staff report. Leistiko acknowledged the resolution also appoints members to an Economic Development Loan Review Committee and those members are Rick Hart, A.J. King, Dave Hanson, Peggy Young and Donna Bolander. Atkinson commented it's very important for a committee to be in place when businesses apply for help and this is a very positive move to assist businesses in getting their grants. Hafferman asked if this program, including administrative costs, will involve any property tax monies. Kukulski answered no. Olson stated the City is the "bank" in this program and asked what happens if the business fails. Kukulski said in the worst case scenario is that the City could make some bad decisions, but the most important component of this program is the committee which is made up of people from the finance world who understand the intricacies of finance. He said the City will be relying on the committee to decide who the best candidates are and the City will be involved in assisting with good business opportunities. Olson asked at what point the Council will be involved in the decisions. Wheeler answered the decisions will strictly fall on the committee members, but the Council may be asked to get involved if a business falls on the borderline. Kukulski said ultimately the grants have to be formally accepted by the Council. Olson said he will have to vote against the resolution because he doesn't feel the City should become the SBA for loans. Peters commented the businesses are simply using the expertise of City staff to secure a grant on their behalf and in return the City gets a percentage. He said there are grant requirements the businesses have to fulfill or they won't qualify. Kalispell City Council Minutes April 7, 2003 Page 5 Leistiko said he appreciates Olson's comments, but he thinks it's important for the City to step out of the norm and start something new to help economic development. Atkinson reminded the Council of the Community Development's track record and said every program it's involved in was new at some time. Mayor Kennedy questioned Section II which states, "Upon the expiration of any term or withdrawal of any committee member prior to the expiration of the term, the Committee shall develop and submit a list of three nominees to the Mayor who shall then make the appointment from that list to fill the seat on the Committee". She said the section is confusing and she doesn't feel the committee should be submitting the names. Mayor Kennedy said she feels the seats need to be advertised similar to other City boards and committees and suggested the wording be changed to read, "Upon the expiration of any term or withdrawal of any committee member prior to the expiration of the term, the Mayor shall make an appointment with the approval of the City Council". Peters disagreed, stating the City has to be extremely careful that the right people are appointed to this board. Mayor Kennedy reiterated that she doesn't feel three names are enough. Peters said he thinks it reads three people per seat. Mayor Kennedy said it's extremely hard to get people to apply for boards and it's not reasonable to expect committee members to come up with nine names. She said it needs to be clarified and suggested language that states, "up to three nominees per vacancy" along with a change that the "Mayor may make the appointment from that list or advertise...". Leistiko said he would also like to see an addition requiring outgoing committee members to serve until an appointment is made. Leistiko moved to table Resolution 4780 until April 21st in order to clarify board appointments. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. NORTH MERIDIAN ROAD DESIGN CONTRACT — SUPPLEMENT #8 In order to incorporate utility relocation and design improvements to Meridian Road, the contract with Peccia & Associates needs to be amended to include an additional $199,089.49. The added cost will be paid in full by the Montana Department of Transportation from project funds. Larson moved the Council approve Supplement #8 to the North Meridian Road Design Contract with Robert Peccia & Associates. The motion was seconded. Hansz explained the schedule for this project is to obligate construction funds by September 30th and in order to meet the schedule, the City recommended the integration of the utility relocation effort with the highway project under one design consultant. He said an email was received from the State just prior to the meeting showing a lesser value for the cost of the work. He said the new amount is $184,513.19 and will be paid in full by MDT. Kalispell City Council Minutes April 7, 2003 Page 6 Kenyon commented the agreement reads like a "fiasco". Hansz said he would respectfully disagree, stating there have been some engineering challenges and the occasional oversights on the project, but that's natural after you've spent "eight years staring at the same thing". He said when this project started it was with the full realization that funds would accumulate at a snail's pace, adding we're actually ahead of schedule because it was originally estimated the project would run on a 2004-2008 time frame. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Hafferman asked for a work session as soon as possible to discuss Parking Commission membership requirements. Kukulski informed members that SB 297 failed on third reading and it will be a minimum of four years before there is any hope of altering the local tax structure. Kukulski announced the City has a tentative agreement with the AFSCME union. He said the sixty seven employees involved will vote on the agreement Thursday evening. ADJOURN The meeting was adjourned at 8:45p.m. ATTEST: f Theresa White City Clerk Approved April 21, 2003 Kalispell City Council Minutes April 7, 2003 Page 7 CITY COUNCIL - April 7, 2002 (Bob Hafferman) WIND RIVER DEVELOPMENT - SECOND READING - INITIAL ZONING During the first reading of this ordinance I expressed several concerns. One major area of concern was the width of right-of-way on Willow Glen. During last Friday's meeting with Neighbors Together, Inc., Larry Brazda, of MDOT, stated that a MINIMUM of 80' right-of-way would be required for a minor arterial, and maybe more for Willow Glen. Only 60' was shown on the Preliminary Plat. Since this portion of Willow Glen is now a city street, it appears that we will have an obligation for improvements, particularly safety improvements. Now we will be further hamstrung by a right-of-way which is too narrow. Page 20 of our general Extension of Services Plan states (read). Right-of-way acquisition along Willow Glen is going to be a major stumbling block for any safety improvements. MEADOW PARK ANNEXATION I have several minor comments with regard to the Extension of Services Plan as follows: a. Page 1, Roads - identify the private and county roads in the area to be annexed and identify status of Russel Drive about becoming a public thoroughfare and does it meet city standards. b. Page 2, Sewer - will properties on septic tanks adjacent to public sewers be required to connect to city sewers right away? If so and since this is a "forced annexation", will the city taxpayers have to pay the enterprise account the cost of installation of the sewer service? Regulations require a payment of hook-up fees and is this a payment made from property taxes or by the resident if they have to hook-up right away? c. Page 2, Parks - where is the nearest park facilities available to the area proposed for annexation? If they are homeowner maintained will they remain private parks? d. Sidewalks and street lighting were not addressed. Sidewalks can be ordered out by ordinance with property owners paying the cost, but who will pay for street lighting? e. What is the liability of speed bumps on public streets? In general the Extension of Services Plan was well prepared, but, in my opinion, the above items should be added and then this Extension of Services Plan attached to the annexation document. It is noted that the time table on the cover memo does not include a public hearing for annexation and on page 1 of the Extension of Services Plan this annexation is being made under Section 7-2- 4301 of the Montana code which is Part 43, Annexation of Contiguous Land. I want to include my comments above appended to the minutes of this meeting and to state that I believe, since we intend to provide services, that we should be annexing under Part 47, Annexation With the Provision of Services. Hence a public hearing would be required and the Extension of Services Plan be made available to the public at least 14 days before such hearing.