09/04/12 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., TUESDAY, SEPTEMBER 4, 2012, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KARI GABRIEL, PHIL GUIFFRIDA, BOB HAFFERMAN,
RANDY KENYON, TIM KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE
PRESENT.
AIso present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White,
Police Chief Roger Nasset, Public Works Director Susie Turner, Planning Director Tom Jentz, and
Deputy City Clerk Judi Funk.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved to approve the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting= August 20, 2012
Atkinson moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
C. PUBLIC COMMENT
None.
D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
D/1. WAIVER OF RIGHT TO PROTEST ANNEXATION REQUEST — GREEN ACRES
Green Acres Cooperative, Inc. has requested approval to waive their right to protest annexation to
allow the extension of a sewer main and service lines to mobile home units located at 1721 South
Woodland Drive.
Jentz gave a report and staff answered questions.
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September 4, 2012
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Public Comment
None.
Atkinson moved to accept the Green Acres Cooperative Waiver of Right to Protest Annexation
request. The motion was seconded.
Council Discussion
Hafferman commented that he will be voting "no" because he doesn't agree with the findings of fact
in the staff report. He said he would need to know how the property will be brought up to city
standards before annexation.
Mayor Fisher remarked that she is not prepared to annex this property, but the homeowners'
requested this option.
Kluesner said this may not be built to city standards, but this is a health -safety issue and we need to
take care of it.
Gabriel commented that she has no problem selling the residents sewer services, but she has no
interest in annexing and is concerned this is the first step towards that.
The motion carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Kluesner, Saverud,
Zauner, and Mayor Fisher voting in favor, and Gabriel and Hafferman voting against.
D/2. ORDINANCE 1716 — ZONE CHANGE —1ST READING
Health Care Reit, Inc. has requested a zone change from RA-1 (Residential Apartment) to B-1
(Neighborhood Business) on a 2.8 acre site located at 125 Glenwood Drive.
Jentz gave a report and answered questions.
Public Comment
None.
Gabriel moved first reading of Ordinance 1716, an ordinance to amend Section 27.02.010,
official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning
certain real property more particularly described as Tract 5 of Certificate of Survey No.11977
located in the northeast quarter of Section 12, Township 28 North, Range 22 West, P.M.M.,
Flathead County, Montana, (currently zoned City RA-1 (Residential Apartment) and B-1
(Neighborhood Business) to City B-1 (Neighborhood Business)) in accordance with the
Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded.
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Council Discussion
None.
The motion carried unanimously upon roll call vote.
D/3. CONDITIONAL USE PERMIT REQUEST — HEALTH CARE REIT. INC.
Health Care Reit, Inc. also requested a conditional use permit to expand the existing Prestige assisted
living facility on the above mentioned property to add assisted living and memory care units, along
with a common room and a dining room.
Public Comment
None.
Atkinson moved council approve the conditional use permit for Health Care Reit with the
listed conditions. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
D/4. RESOLUTION 5590 — WILLOWS SID #345
This resolution creates Special Improvement District #345 to fund storm water improvements in the
Willows Subdivision.
Russell and Turner gave reports and staff answered questions.
Public Comment
Brock Anderson, 251 Buttercup Loop, stated he is concerned that costs seem to keep going up after
every meeting with the engineers. He said the homeowners' want to do the right thing, but they need
help from the city to get it done and they would like the city to pay a percentage of the cost.
Mark Armstrong, 270 Buttercup Loop, remarked he recognizes the benefit of an SID, but would like
the city to contribute $125,000 toward the improvements and agree to take over maintenance of the
system. He asked if the homeowners' would be able to opt out of the SID if the costs were
determined to be too high.
Atkinson moved Resolution 5590, a resolution relating to Special Improvement District No.
345; creating the district for the purpose of undertaking certain local improvements and
financing the costs thereof and incidental thereto through the issuance of Special Improvement
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District Bonds secured by the City's Special Improvement District Revolving Fund. The
motion was seconded.
Council Discussion
Hafferman said he wants a better estimate of what the SID will actually cost the homeowners.
Atkinson said he feels the city should work out something with the homeowners' to help pay the tab
for the improvements.
Kenyon commented that, as an individual council member, he will commit himself to encouraging a
substantial contribution from the city.
Guiffrida stated he does not feel comfortable approving the SID without spelling out the city's
contribution, but promised the homeowners' that the city will contribute a fair amount.
Saverud remarked the homeowners' have done a great job getting this together and he also feels the
city should contribute.
Mayor Fisher requested information on how much this subdivision and the surrounding subdivisions
have paid in storm water assessments and impact fees since they were annexed.
Atkinson moved to table Resolution 5590 until October 1. The motion was seconded.
The motion to table carried unanimously upon roll call vote.
E. MAYOR/COUNCIL/CITY MANAOER/REPORTS. No Action)
Russell informed council the Core Area Plan presented at the Chamber luncheon is running on
Channel 9 and DVD's are also available; the South Meadows project should be underway shortly;
and the September 24 work session will be on the Willows SID.
Mayor Fisher mentioned the coming weekend will be a busy one; mentioning the Dragon Boat races
and the Parade of Homes.
F. ADJOURN
The meeting was adjourned at 9:23 p.m.
Theresa White
City Clerk
Approved September 17, 2012
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