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10/01/07 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M,, MONDAY, OCTOBER. I, 2007, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS KART GABRIEL, BOB HAFFERMAN, RANDY K.ENYON, TIM KLUESNER, HAND OLSON, DUANE LARSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBER JIM ATIINSON WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles I Iarball, City Clerk Theresa White, Assistant Fire Chief/Prevention DC Haas, Chief of Police Roger Nasset, Finance Director Amy Robertson, Public Works Director Jim Hansz, IT Specialist Erika Hess, Water Resource Manager Joni Emrick, Parks Director Mike Baker, Planning Director Tom Jentz, Senior Planner Sean Conrad, 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 Atkinson absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Reaular Meetin -- September 17 2007 2. Reject Bids - Ambulance Council was asked to reject the three submittals received for an ambulance due to bidding irregularities. 3. Postpone Action on Bids — Fire Truck Council was asked to postpone action on purchasing a new ladder truck until October 15 in order to allow the Fire Department time to complete a specification review. 4. Wastewater Treatment Plant Award Presentation The City of Kalispell received the Regional First Place Award for outstanding and innovative achievements at the Wastewater Treatment Facility. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson absent. Kalispell City Council Minutes October 1, 2007 Page 1 C. STUDENT ISSUES None. D. PUBLIC COMMENT None. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EIl, CONDITIONAL USE PERMIT SEVENTH DAY ADVENTIST CHURCH The Seventh Day Adventist Church has requested a conditional use permit to allow the expansion of a non -confirming use located at 494 Ninth Avenue East North for the expansion of the existing community service center. Larson moved Council approve the conditional use permit for the Seventh Day Adventist Church. The motion was seconded, Conrad gave a staff report and answered questions. Kluesner noted the containers are nine feet high and he feels some coverage should be required because they are unsightly. Kluesner moved that Condition #7 be amended to include landscaping and a site obscuring fence to completely screen the containers. The motion was seconded. Kenyon commented that it is not fair to drop this on the applicants now; the neighbors did not request it and he cannot support the amendment. Saverud remarked the permit will be reviewed by the Architectural Review Committee and he feels it should be left in their hands. Larson agreed with Kenyon that if the neighbors are not complaining, the Council should leave it alone. Olson said this is going to be a large economic burden to the applicant and he also cannot support it. The amendment failed upon vote with Gabriel, Kluesner, and Mayor Kennedy voting in favor, Hafferman, Kenyon, Larson, Olson, and Saverud voting against, and Atkinson absent, There was no further discussion. The main motion carried upon vote with Gabriel, Hafferman, Kenyon, Larson, Olson and Saverud voting in favor, Kluesner and Mayor Kennedy voting against, and Atkinson absent, Kalispell City Council Minutes October 1, 2007 Page 2 E12. RESOLUTION 5241 -- RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING- — GROWTH POLICY AMENDMENT This is a City initiated amendment of the Kalispell Growth Policy Future Land Use map for approximately 116 acres generally lying north of Foys Lake Road, just west of South Meridian Road. Resolution 5241 sets a public hearing for October 15. Kenyon moved Resolution 5241, a resolution of intention to adopt, revise or reject an amendment to the Kalispell Growth Policy 2020 to amend the designation of property located within Section 13, Township 28 North, Range 22 West, Flathead County, and to call for a public hearing. The motion was seconded. Conrad gave a staff report and answered questions. Hafferman stated he will support the resolution, but he will not attend the work session after the meeting because this issue is scheduled to be discussed prior to the public hearing. The motion carried unanimously upon roll call vote with Atkinson absent. E13. RESOLUTION 5242 - CASH -IN -LIEU OF PARKING FEE The City Council, in 2006, approved an amendment to the zoning ordinance to allow required parking in the downtown area to be met by a cash -in -lieu payment. Resolution 5242 sets the fee for that payment. Saverud moved Resolution 5242, a resolution establishing a cash. -in -lieu fee for the off street parking requirement within Special Parking Maintenance District No. 2 as authorized by Ordinance No. 1585. The motion was seconded. Jentz gave a staff report and answered questions. Patrick explained the funds received would be placed into an account designated for future parking lot expansion or development. Hafferman commented the people who are going to be affected need to be notified prior to Council action because they may have some thoughts on the issue. He remarked that he feels Charles Lapp had a good idea when he questioned whether people that add more parking than required would get a credit. He said the idea needs some more thought, but he thought it was a good suggestion. Hafferman moved Resolution 5242 be tabled until October 15 so that everyone in the downtown district can be notified. The motion was seconded. The motion failed upon vote with Hafferman and Kluesner voting in favor, Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson absent. Kalispell City Council Minutes October 1., 2007 Page 3 Jent2 responded that anyone right now has the right to build more parking spaces than required for their business, but the fact of the matter is there is very little space to acquire. Kluesner stated he would like to see some incentives for private businesses to create parking spaces. The main motion carried upon roll call vote with Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson absent, E14. RESOLUTION 5243 — PARKS AND RECREATION FEE SCHEDULE Resolution 5343 sets the parks and recreation fees for fiscal year 2007-2008. Gabriel moved .Resolution 5243, a resolution establishing Park and Recreation Fees to be charged by the City of Kalispell's parks and Recreation Department and declaring an effective date. The motion was seconded. Baker gave a staff report and answered questions. Hafferman said he doesn't have a problem with this resolution and asked for a breakdown of the paybacks for the different programs. Larson moved an amendment to the aquatic fees to lower the out -of -City fee of $4 to the In - City fee of $3 for children under 16. The motion was seconded. Larson stated that kids that live outside the City provide no more impact than kids that live in the City and he feels children should not be precluded from using the pool because of the extra cost. Kluesner disagreed, commenting that there are children in the City just as financially strapped as those outside the City. He said the City residents are already paying the bond for the pool and this little bit of increase helps offset the portion the County residents are not paying for. Kenyon commented he will support the amendment because it is not always about money, sometimes it's about the kids. Saverud noted that he feels the swimming facility has to be treated differently than other activities because there is so much water surrounding us. He said it's the City's responsibility to make sure that children learn how to swim. Gabriel said she is looking at this fiscally and we need to pay off the bond; the City residents are paying for the bond and they deserve a break. The amendment failed upon vote with Kenyon, Larson, and Saverud voting in favor, Gabriel, Hafferman, Kluesner, Olson, and Mayor Kennedy voting against, and Atkinson absent. There was no further discussion. Kalispell City Council Minutes October 1, 2007 Page 4 The main motion carried unanimously upon roll call vote with Atkinson absent, E15. RESOLUTION 5244 -- REIMBURSEMENT — WASTEWATER TREATMENT PLANT This resolution is necessary for the City to be reimbursed for expenses incurred prior to bond closing for the Wastewater Treatment Plant Construction Project. Kenyon moved Resolution 524, a resolution relating to financing of certain proposed projects; establishing compliance with reimbursement bond regulations under the Internal Revenue code. The motion was seconded. Robertson gave a staff report and answered questions. Hafferman said he feels the Council has not received "the fail story" on this bond and how long the term will be and because of that he is going to vote against this resolution. Robertson explained the actual bond resolution will be presented at the next meeting;; this resolution is simply for reimbursement of the funds already spent. Olson remarked the bond has been fully explained at a Work session and he doesn't feel there are any surprises. The motion carried upon roll call vote with Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson absent. E/6. CHANGE ORDER —CITY HALL REMODELING PROTECT This change order to the City Hall Remodeling Project is to add a mezzanine at a cost not to exceed $801000. The mezzanine would increase the floor size by approximately 1,600 square feet. Larson moved Council approve the change order with Oswood Construction to include a mezzanine in the City Ball Renovation Project at a cost not to exceed $80,000. The motion was seconded. Patrick gave a staff report and answered questions. Olson said it just seems to make sense to him; the City will not be getting any smaller. Hafferman stated "if you build it, We'll fill it". He said the City doesn't need to spend 2.5 mills for something we don't require at the present time. The motion carried upon vote with Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against, and Atkinson absent. Kalispell City Council Minutes October 1, 2007 Page 5 F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Kluesner stated he will miss the next meeting because he is traveling to Japan for vacation. Mayor Kennedy informed Council that a conference will be held regarding how to protect large lakes October 17-18 at the Kwa-Taq-Nuk Resort in Polson. Patrick noted that about a year ago the Council took action recognizing that Red Lion fulfilled their obligation to the City with an investment of well over six million dollars. He reported that the market values for the Red Lion are over 5 million dollars this year, not counting the new bank, and the taxes went up about $150,000. Patrick announced that Quality Code is now the City's codification company and is now linked to our home web page. G. ADJOURN The meeting was adjourned at 8:42 p.m. ATTEST: Theresa White City Clerk Approved October 15, 2007 Kalispell City Council Minutes October I, 2007 Page 6