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05/15/06 City Council MinutesA REGULAR MEETING of THE KA ISPELL CITY COUNCIL WAS HELD AT 0 00 .M. MON Avg MAY , oo , IN THE COUNCIL CHAMBERS AT CITY HALL .IN KALISPELL, MONTANA, MAYOR. PAME A B. KENNE Y PRESIDED, . COUNCIL MEMBERS JIM A KINSoN, BOB HERRoN, RANDY KENYO ", TIM KLUESNEK .. ANE L .SON, AND HAND. OLSON WERE PRESET, COUNCIL MEMBER BOB 14AFFERMAN WAS ABSENT. COUNCIL MEMBER KAM GABRIEL ARRIVED AT 7:55 •M• Also present; City Manager James Patrick, City .Attorney Charles Harball, Deputy City Clerk Jodi Punk, Public Works Director Jiro Hansz, Pollee Chief Frank Garner, Fire Chief Randy Brode 1, Parks and Recreation Director Mike Baker, Planning De rtmert Director Torn .he t. , and Building Official Craig Kerzman. 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. Kenyon moved to amend the agenda by moving items E I. (ordinance 1574 - Hilton Garden Inn Zone Change), and E (Old School Station SID 344 Engineering Amendment), to the end of the Agenda. The motion was seconded. Mayor Kennedy explained that Gabriel will be late aiRd wanted to be present for the discussion o those topics. There was no discussion. The amendment carried unanimously upon vote with Gabriel and Hafferman absent. The main motion as amended carried unanimously upon vote with Gabriel and Haf erma absent. B. CONSENT AGENDA APPROVAL . Council Mites — e lar Meeti —May....l.,2006 2. Police officer Confirmation Officers Ryan S iena and Dare Thomason have successfully completed their probationary Period with the Kalispell Police Department and Council confirmation was requested. Olson moved approval of the Consent Agenda, The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Ha Ferman absent, Kalispell City Council Minutes May 15, 2006 Page I C. STUDENT ENT ISSUES Nbne. PUBLIC COMMENT Joe G iXba lt, Lakeside, spore favorably about his partner Bob Welker and the proposed Hilton Garde n Inn. He said he has known Welker for 15 Years and he is a man of s word. Guilbau I t stated he would not be involved in this project if he didn't sincerely believe it would be a great thing for the City. Bob Welker,, Hilton Garden Inn developer, explained that providing the City with both the payment in lieu of taxes and the net proceeds agreement would be difficult because the hotel will need time to get op and running. Welker asked that Council give teem time to get started and eliminate the net proceeds agreement. He announced they would lire to open the hotel by the end of May, Zoo , and be shoved the Council a sample or the casi-no sign they would like to use which does not include the word "casino". E. REPORTLRECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E 1. ORDINANCE 15 —ADMINISTRATIVE RULES AMENDMENTS— 1ST READING Due to recent changes made by the Montana Department of Labor and Industry, Kalispell is required to make minor amendments to the it 's building, .plumbing, mechanical, and energy codes. Atkinson moved first reading of Ordinance 1575, an ordinance to amend Ordinance No. 1499 y adopting, by reference, the amendments to the Administrative Rules of Montana at 2 .301.13 , 24,301,1469 24.30 ,1. 1, 24.301.1 2, 24,30 ,209, 24,301,3015 24,301,4019 24,301,421, 24,301,431. 24,301,4419 24,301,4515 24,301,4615 24,301,4819 24,301, 01� 24,301, , 4.301,711� 24.30t.718, and 24.30.1. 01, the adoption of new Rules 1 through 1X, and the repeal or A M 24.301.4719 24.301- 0 9 24,301.6129 4.301. 13, 24.301, 14, 24,301.6159 24.301.621 and 24.301.62,E as they may pertain to hose portions or the "International Building Code C 91 2003 Edition,, the "International Residential Code I . ", 2003 Edition, the "International Existing Building 'ode"', 2003 Edition; the "International Mechanical Code" 9 2003 Edition; and the "Uniform Plumbing Code", 2003 Edition, as previously adopted by the City or Kalispell in ordinance No. 1499 as the building codes of the City of Kalispell, and applicable t the nrisd ctional area thereof, subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation or any lawful order issued pursuant thereto-, and establishing an effective date. The motion was seconded. Kerman gave a staff .report. There was no discussion. The notion carried unanimously upon roll call vote with Gabriel and Haff r nan absent. Kalispell City Council Minutes May 15,2006 Page E . RESOLUTION 5115 — PLANNING DEPARTMENT FEE STRUCTURE Resolution 5115 addresses an increase in planning; fees. Kenyon moved Resolution 5115, a resolution establishing planning fees to be charged by the City of Kispe l's planning department and declaring an effective date. The motion was seconded. Jentz gave a staff report and answered questions. Kf esner commented that after the Council discussed this issue in a work session, he felt the fees should he higher because the general fond should not have to subsidize growth. He stated developers should cover of all of the administrative costs associated with a project. Olson agreed, stating; he didn't realize that growth wasn't paying for itself. He said he also Feels that the fees should cover oo f the costs. Jentz noted that not all of the planning department's work deals with new growth and development. He said that phone calls, wally -in traffic, etc. do not deal with any specific developer or subdivision. Olson stated a lot of the walk-in traffic and phone calls are generated because of development and he still feels the developers need to pay oo of the costs. Mayor Kennedy countered that development fees should pay for the individual developments, but the planning office performs a lot of other work that does not deal with any specific developments. She said the Council can't justify making the developers pay 00% of the work in the pl anning office. Mayor Kennedy suggested Council adopt the proposed fees and then review the issue again in a later work session. Klesner asked for breakdown of the Planning Departme .t's budget prior to the work session. Kluesner moved that Resolution 5115 be tabled to the first meeting In June. The motion was seconded. The motion to table failed upon vote with Herron and Klesner voting in favor, Atkinson, Kenyon, Larson., Olson and Mayor Kennedy voting against, and Gabriel and. Hafferinan absent. There was no further discussion. The motion carried upon roll call vote with Atkinson, Herron., Kenyon, Larson, Olson and Mayan Kennedy voti i n favor, w uesner voting against and. G b.rlel and Hafferman absent. Kalispell City Council Minutes May 15, 2006 'age Ei3. BOARD APPOINTMENTS — BOARD OF APJUSTMENT Three letters of interest were received for three openings on the Board of Adjustment. Clint Cathcart and John Michael K.op k are requesting appointment along with John Parsons, who is requesting reappointment. Mayor Kennedy recommended the Council appoint Clint Cathcart, John Michael Knop k and John Parsons to the Board of Adjustment. Larson moved the Council accept the Mayor's recommendation and appoint Clint Cathcart and John Michael Knopik, and reappoint John Parsons, to the Board of Adjustment. The motion was seconded. There was no discussion.. The motion carried unanimously upon vote with Gabriel and Hafferman absent. E 4. BOARD APPOINTMENT MEN — BUSINESS IMPROVEMENT DISTRICT .Bill Goodman submitted the only letter of interest for two openings on the Business mpro e e t .district Board. Mayor Kennedy recommended the Council appoint Bill Goodman to the board. Atkinson on moved the Council accept the Mayor's recommendation ation and appoint Bill Goodman to the Business Improvement District Board. The motion was secondedS There was no discussion.. The motion carried unanimously upon vote with Gabriel and Hafferman absent. E 5. BOARD APPOINTMENT — CoNRAD MANSION BOARD of DIRECTORS Tia Robbinhas requested reappointment to the Conrad Mansion Museum Board of Directors. No other letters of interest were received. Mayor Kennedy recommended the Council reappoint Tia Robbill# Larson moved the Council accept the Mayor's recommendation and reappoint Tia Robbie to the Conrad Mansion Museum Board of Directors. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with. Gabriel and Hafferman absent. Kalispell City Council Minutes May 15, 2006 Page 4 E BOARD APPOINTMENT — PARKING COMMISSION John Hinchey is requesting reappointment to another term on the Parking Commission. No other letters of interest were received. Mayor Kennedy recommended the Council reappoint John Hinchey. Olson roved the Council accept the Mayor's recommendation and reappoint John Hinc ey to the Parking Commission. The motion was seconded,, `there was no discussion. The motion carried unanimously upon vote with Gabriel and Hafferman absent. E . Bow APPOINTMENTS — PLANNING Bow There are three openings oia the Planning :hoard. John Hinchey and Bryan Schutt are requesting reappointment. Clint Cathcart, Robyn Balcom, and John Michael Knop k are also interested in serving. Mayor Kennedy recommended John Hinchey and Bryan Schutt be reappointed, and Robyn Balcom be appointed to the Planning Board. Larson moved the Council accept the Mayor's recommendation and reappoint John In i c ey and Bryan Schutt, and appoint Robyn Balcom to the Planning Board. The motion was seconded. There was no discussion. The motion carried upon vote with Atkinson Herron, Kenyon, Larson, Olson and Mayor Kennedy y voting in favor, Klesaner voting against and Gabriel and Hall man absent. E. BOARD APPOINTMENT N — POLICE COMMISSION Joan Jellison s requesting reappointment to the Police Commission. No other letters of interest were received. Mayor Kennedy recommended the Council reappoint Joan Jellison to the Police Commission. Olson moved the Council accept the Mayor's recommendation and reappoint Joan Jellison t the Police Commission* The motion was seconded. There was no discussioll. The motion carried unanimously upon vote with Gabriel and Hafferman absent. Kalispell City Council Minutes May '1 5, 20 Page . BOARD APPOINTMENTS — RECREATION CENTER ADVISORY BOARD Gib Bissell, Robert Germann, and Bob White are requesting appointment to the Con mun t Recreation. Center Advisory Board. Mayor Kennedy recommended the Council appoint Gib Bissell, Robert Gera , and Bob White to the board. Olson moved the Council accept the Mayor's recommendation and appoint Gib Bissell, Robert Ger anon, and Bob White to the Community Recreation Center Advisory Board. The e motion was seconded. 'there was no discussion, The motion carried unanimously upon vote with Gabriel and Hafferman absent. E 10. BOARD APPOINTMENTS — REVOLVING LOAN COMMITTEE Four letters of interest were received for three openings on the Revolving man Committee. Those interested in serving are Wade Elder, Daniel . clerc, Dave Hanson, and Justin Sliter. Hanson is currently a board member. Mayor Kennedy recommended the Council reappoint Dave Hanson, and appoint wade Elder and Justin Suter to the Revolving; Loan Committee. Larson moved the Council accept the Ma or's recommendation and reappoint Dave Hanson, ftr and appoint Wade Elder and Justin Suter, to the Revolving Loan Committee. The motion was seconded. There ra.s discussion, The motion carried unanimously upon vote with Gabriel and Haffern an absent. E 11. BOARD APPOINTMENT — STREET TREE COMMISSION Jana Ostrom has requested appointment to an open seat on the Street Tree Commission, Mayor Kennedy recommended the Council appoint Jana Ostrom to the Street Tree Commission. Atkinson moved the Council accept the Mayor's recommendation and appoint Jana Ostrom to the Street Tree Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gahriel and Hal erman absent. Kalispell City Council Minutes May 15, 2006 Page E 2. APPROVE INCREASED ENGINEERING CEILING „" OLD SCHOOL STATION SID 34 SID 344 infrastructure has changed from a single phase, 70 construction days project, to a three phase, 1.510 construction ctio,n days, project. The requested increase o $ 21, ' 7 is necessary to fund the extra 80 days of construction engineering support for the project. Larson moved Council approve the increased project engineering ceiling for Old School Station SID 344 infrastructure construction. The motion was seconded. .mayor Kennedy announced for the record that Gabriel had arrived. Hansz gave a staff report. Olson asked Irby this was not defined earlier. Hansz explained that when Morrison & Ma .erle was brought on board their job was to help the City design and put this into the -form of a project. He said at the time the City had not made the final decisions on exactly what the scale and scope of that project was going to be. HansHansz stated as the SID process unfolded, the decision was made that the SID was going to include virtually all of the public infrastructure inside that development. He further explained that the engineers made the best estimate on what little was known at the time and it was -understood that once there was a better understanding o1 the project, a change would be requested. He said the water phase project was completely restructured and the engineering and repackaging of the lards had to be done to make the project more attractive to bidders, adding the money has been factored into the SID and the project budget. Hansz noted this is unusual because the City is not usually involved in a project like this. Herron commented that to put this in perspective, bonds were sold for 4.5 million dollars and the proposed budget is 4.375 million dollars. He said even though h the engineering contract is double, it is still within the total budget. parson added the time frame has doubled, so it follows the cost would double. Kluesner stated regardless of hove it came about, the increased cost doesn't make him happy. Larson restated his motion that the Council authorize an increased project engineering ceiling for Old School Station. SID 344 infrastructure construction in the amount nt o $239,835.00 which is an increase over the original contract o $1 1,7 7.00. The second concurred. The amended motion carried unanimously upon vote with Rafferman absent. E 13. ORDINANCE 1574 — ZONE CHANGE REQUEST — HILTON GARDEN INN -� 2ND READING Robert Welker has requested a zone change from -1, .public, to -2, General Business, and a Planned Unit Development overlay on a three and a half acre lot located on the Armory property. Kalispell City Council Minutes May 15, 2006 Page Ordinance 1574 passed on first reading May 1 with several amendments. Kenyon moved second reading of Ordinance 1574, are ordinance to amend Section .02;0o, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. , by zoning certain real property more particularly described, as Tract 1 of Certificate of Survey No. 17045, a tract of laird, situated, lying, and being in the north half of the Northwest Quarter of Section 20, Township hip North, Range 21 west, .M.M# Flathead County, Montana (previously zoned City P-1, Public) to City -2 (General Business), with a Planned Unit Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date* The lotion was seconded. Mayor Kennedy explained several amendments have been provided to the Council and are being offered by the developer. Larson moved that Ordinance 1574 and all referenced documents he amended to replace the name Gateway Hospitality Group or Robert Voel .er with the name of the Montana Entity of Kalispell .motels, LLC, a Montana Limited Liability Company, of P.O. Box 1068,741 Lakeside Blvd, Lakeside, MT 59922. The motion was seconded. There was no discussion. The amendment carried unanimously ly upon vote with Hafferrrran absent. Patrick addressed the remaining in amendments is requested by the developer. As far as the payment in heu of taxes, he stated the developers' concern is that it takes time for a hotel to start making money and th t*s why they are asking for a.n amendment concerning it the payment in lieu of taxes. He said voelker would lie to pay the normal amount of taxes due during the first year of operation and place the payment in lieu of taxes on the back end at full cost. Patrick further explained that the other amendment the developer would like is for Council to remove the requirement of a Net Proceeds Agreement. Atkinson moved that the Ordinance No. 1574 and the Development Agreement at V. TAXES AND PAYMENT IN LIEU of TAXES be amended to state as follows; IV, TAXES AND PAYMENT 1N LIEU of TAXES Payment in Lieu of Taxes. It is contemplated that the completed Hilton. Garden Inn and Conference Center Project [Project Property] will generate annual tax revenue to the CITY in the amount of approximately TWO HUNDRED SIXTY THOUSAND AND N0 100 DOLLARS $2 o,000.00 upon completion of the Project, exclusive of city or county special assessments. Developer, therefore, covenants to pay the City any difference between the amount of tax actually generated by the Project Property, including any portion of the Prqject transferred to another owner, and the amount contemplated, by this Agreement for a period. of W 2 years commencing with tax payment due November 30, :2008# Payment under the provisions of this paragraph shall be made directly to the City, after certifying the tax generated by the Project Property through the City finance department subject to verification, and in accordance with the following. Kalispell City Council Minutes May 15, 2006 Page 8 L For tax year, 20H.P2008, a copy of the tax bill for the tax year, 2008 shall be delivered to the City finance ofee on or before November 1, :2008. 2. The City finance ogee shall calculate the difference between the tax bill for the 2008 tax year, exclusive of special assessments, and the sum of TWO HUNDRED AND SIXTY THOUSAND AND No 100 Doi $ o,l oo.oh and invoice the Developer for the difference. 3. Half of the payment for said amount calculated shall be due and payable, from the Developer, on or before December 15, 2W 2008. The second half of the payment for said amount calculated shall be due and payable, from the Developer, on or before May 3,. . For tax year 1009, a copy of the tax bill for the respective tax year shall b delivered to the City finance office on or before November 15. . The City finance office shall calculate the difference between the tax bill for the respective tax year, exclusive of special assessments, and the sum of TWO HUNDRED AND SIXTY THOUSAND AND N 1ho Doi $2 , o . and invoice the Developer for the difference. . Half of the payment for said amount calculated shall be due and payable, from the Developer, on or before December 15, . The second half of the payment for said amount calculated shall be dine and payable, from the Developer, on or before May 31, 2010. In tax years when the tax liability, less special assessments, equals or exceeds the sum of $260,000.00, no payment -in -lieu shall be due from the Developer, however, no credit shall be given for subsequent tax years." The motion was seconded. Atkinson asked Patrick if the amendment would net the City the sane dollar amount as the original ordinance would have. Patrick stated this has the potential of actually bringing in additional revenue, because in the first year the developer would pay taxes on the lard that is currently not taxed plus on whatever portion of the building; that is constructed in November and December. Mayor Kennedy asked for clarification, stating the original motion has the payment in lieu of taxes starting in Zoo . She said delaying it one year could not bring more money; t Lou d i less .money by one year. Patrick noted the developer would be paying taxes on whatever portion of the building that is up starting December I of this year, along with the taxes on the land. He said the following two years the developer would be making the payment in lieu of taxes ensuring; that we would get up to $260,000 the third year. Mayor Kennedy still disagreed that it means more .money for the City. Kalispell City Council Minutes May 15, 2006 Page Larson commented he feels the City will be losing $130,000 if this amendment passes because the City can't make him pay at the end of the agreement. He said if the Council approves this amendment tonight, we are going `'to gut what we did two weeks ago". Larson said you have to ask whether you want the money to go to the citizens of Kalispell, or into the developers' pockets. Herron emphasized that none of this money is going into the general fund for the next 15 years; it is going into a TIF district. He said this is what TIF districts are meant for,, to bring businesses in and put them on the tax rolls. Herron stated the City is getting a convention center that nobody else would ever build in this community with these kinds of dollars. He said it is our obligation to use the TIF district, and we should not penalize the developer for wanting to use it. Mayor Kennedy stated that once we have spent the $890,000, there will be no money available for other projects in the TIF district until the following tax year and the City would not be able to meet additional needs if they arise. She said that is why the Council wanted the payment in lieu of taxes, to pot money back into the TIF district. Olson reminded everyone that the $890,000 will be replaced and will go into another project in that TIF district to redevelop something else. He said he would like to have the $130,000, but he agrees this project will be of economic benefit to the entire community and because of that be will vote in favor of the amendment. Larson agreed that this is a good project, but we are making the assumption that if we don't do everything the developer wants, he will back out. He stated we don't need to make that assumption and the money in the TIF fund could be replaced a lot faster with the $ 3o,000. Mayor Kennedy commented she was prepared to vote in opposition to the amendment earlier, but after the discussion tonight she has decided she will vote in favor of it. She said she can understand the developers' concern with the bottom dollar and even though the City may be losing a little bit of .money by extending the payment in lieu of taxes one year, it won't be a significant loss to the district.. Mayor Kennedy added, .however, the Net Proceeds Agreement is an important piece of the project and it should remain. Kenyon agreed with Mayor .bendy and noted that the City has given up the height restriction, the casino, the site remediation,, and now we are looking at rolling over on the 2007 TIF and potentially the net proceeds. He agreed that $ 130,000 the first year puts the developer in a difficult position, but he hopes we don't roll over on the net proceeds aspect of the deal. Larson commented we have given up everything so far, and if we give op the first year we'll never get it back. The amendment carried upon roll call vote with Atkinson, Gabriel, Herron, Kluesner, Olson and Mayor Kennedy voting In favor, Kenyon rid Larson voting against, and Rafferman absent. There was no further discussion. Kalispell City Council Minutes May 1, 2006 Wage 10 The main motion, as amended twice,, carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Olson and Mayor Kennedy voting in favor, Larson voting against and Hafferman absent. F. MAYo Co UNCILCITY MANAGER'S REPORTS (No Action Mayor Kennedy reminded Council that City Hall is hosting a blood drive for City employees and Council members this Friday from 10:00 are to .00 pm. Mayor Kennedy informed the public that an easement has been granted for the Foys to Blacktall Trail project on the ridge overlooking Herron Park and Smith fake. She invited Council members to attend a presentation on the trail project at Herron Park this Friday at 9:00 a.m.. Mayor Kennedy reminded Council and the public about the presentation. "Are You Ready for the Next Generation?"' being held on May 25 from noon until 2:30 p.m. at the west Coast Kalispell Center Hotel with a reception following at Reds, Wines and Blues. Patrick updated Council on the slope failure at Granary Ridge; the engineer's report stated the slough was a continuation a past slip and not due to the Granary Ridge project. He said that high ground water and old fill materials aggravated the problem and that the developers have complied with all recommendations that were made and no adverse issues were found. Patrick stated there will be a TIF seminar in Helena on May 25 at 9:00 are and if anyone is interested a in attending to let him know. G. ADJOURN The meeting was adjourned at 9:20 p.m. ATTEST: Theresa White City Clerk Approved June , 200 Kai ispell City Cound I M inu tes May 15, 2006 Page 11