07/07/08 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 70-00
P,,M,, MONDAY, JULY 79 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MON'TANA, MAYOR PAMELA B. RENNEDY PRESIDED, COUNCIL
MEMBERS JIM ATK.INSON, RA.RI GABRIEL, BOB HAFFERMAN, RANDY KENYON,
TIM KLUESNER, DUANE LARSON, AND HANK OLSON WERE PRESENT, COUNCIL
MEMBER WAYNE SAVERUD WAS ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Detective Lieutenant Jinn Brenden, Public Works Project Manager Fred Zavodny, Finance Director
Amy Robertson, Parks and Recreation Director Mike Baker, Planning Department 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 APPRO VAL
Larson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Saverud absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Re ular Meeting — June 16 2008
2. Council Minutes --- S ecial Meetin — June 302008
3. ordinance 1641— Yield Si n — 2nd Readin
A traffic study at the intersection of Sixth Avenue West North and West Washington Street
has warranted the placement of yield signs for north and south traffic. ordinance 1641 passed
unanimously on first reading June 16.
4. Award Bid -- Northridge Drive As halt Overlay Project
Two bids were received for the Northridge Drive pavement maintenance project. Schellinger
Construction submitted a bid of $118,727.25, with Goose Bay Equipment bidding
$116,021.00. Staff recommended the project be awarded to Goose Bay Equipment Company
of Kalispell.
5. Firefighter Confirmations
Kristopher Cox and Joseph Randall have successfully completed their one-year probation
with the Kalispell Fire Department and Council confirmation was requested. In addition, Jon
Campbell was recognized for this promotion to Lieutenant.
Atkinson moved approval of the Consent Agenda. The motion was seconded.
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There was no discussion.
The motion carried unanimously upon roll call vote with Saverud absent.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Michael Cummins, 71 Plurnmers Lake Drive, Executive Director of Flathead Valley Chemical
Dependency Clinic, spoke on behalf of their conditional use permit request and asked for Council
support. He spoke in depth concerning the women's recovery facility and requested that the 24 hour
on -site supervision required in Condition #5 be eliminated because it is cost prohibitive.
Susan Moyer, 15 Iris Court, Flathead Valley Chemical Dependency Clinic board member, asked the
Council to modify Condition #3 on the conditional use permit to allow the second kitchen to remain
if they sell the residence to another `group home" entity, adding they will remove it if it is sold to an
individual.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
EIL CONDITIONAL USE PERMIT _ FLATHEAD VALLEY CHEMICAL
DEPENDENCY CLINIC
This is a request for a Conditional Use Permit to locate a women's recovery facility within an
existing single family home located at 87 Northern Lights Boulevard.
Gabriel moved to approve the Conditional Use Permit for Flathead. Valley Chemical
Dependency Clinic with the deletion of Condition 5 and the amendment of Condition 3 to allow
the kitchen to remain if sold to another group home. The motion was seconded.
Conrad gave a staff report and answered questions.
Mayor Kennedy commented she is concerned that with only two off-street parking spaces, there
could be an additional six cars parked on the street.
Olson also expressed concern with the lack of off-street parking.
Harball stated Council could require off-street parking elsewhere.
Kenyon said he feels this is a vital service which would override any potential parking problem,
however, he is concerned with the request to have staff leave the facility at night. He said a 24Whour
care facility needs to provide care and rehabilitation which doesn't stop at 9: oo p.m. at night.
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Harball noted Cummins is confident with the residents being alone at night and feels security
cameras will be sufficient.
Atkinson moved to add a condition requiring a parking plan to provide adequate parking
providing the number of vehicles exceed the two allocated on -street parking spaces and the
four on -site parking spaces. The motion was seconded.
The motion carried upon vote with Atkinson, Hafferman, Kluesn.er, Larson, Olson, and Mayor
Kennedy voting in favor, Gabriel and Kenyon voting against, and Saverud absent.
Gabriel emphasized the residents will be women who have already been through treatment and they
just want a place to recover safely.
Hafferman stated he is in favor of the proposal, but only if the 24 hour supervision is restored; he
said surveillance cameras are meaningless and the critical time for supervision is at night.
Hafferman moved that supervision be provided during the evening and night hours. There was
no second.
Olson, Larson, and Mayor Kennedy spoke in favor of the facility.
Hafferman explained he will abstain from voting, not because he isn't in favor of the facility, but
because he feels the security cameras are a disservice.
The main motion, as amended, carried upon roll call vote with Atkinson, Gabriel, Kenyon,
Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, Hafferman abstaining, and
Saverud absent.
EI2. PRESENTATION — ANNEXATION AND INITIAL ZONING -- RANDAL DAVIS
Randal Davis has requested annexation and initial zoning for one lot located on the north side of
Shady Glen Drive.
Conrad gave a staff report and answered questions.
Hafferman stated he will vote in favor of this, but we need to think about what we are doing when
we annex a little block in the County that is not contiguous.
Olson commented he is concerned that the person is still using his well and we are not getting the
water rights.
E/3. RESOLUTION 5285 —ANNEXATION — RANDAL DAMS
The property proposed for annexation is located approximately 300 feet east of the intersection of
Shady Glen Drive and Woodland Park Drive.
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Kenyon moved Resolution 5255, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property described as
Lot 6 of Block 1 of Phillips Addition located in Section S, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana, to be known as Davis Addition No. 403; to zone said
property in accordance with the Kalispell Zoning ordinance, and to declare an effective date.
The motion was seconded.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner,
Larson, and Mayor Kennedy voting in favor, Olson voting against, and Saverud absent.
E14, ORDINANCE 1642 — INITIAL ZONING - RANDAL DAVIS —1ST READING
Davis is requesting a zoning designation of R-3 (Urban Single -Family Residential) on the property
listed above which is currently zoned County R-5 (Two -Family Residential).
Kenyon moved first reading of ordinance 1642, an ordinance to amend Section 27.02.010,
official zoning reap, City of Kalispell Zoning ordinance, (ordinance No. 1460), by zoning
certain real property more particularly described as Lot 6 of Block 1 of Phillips Addition
located in Section S, Township 28 North, Range 21 West, Flathead County, Montana
(previously zoned County R-5 (Two Family Residential)) to City R-3 (Urban Single Family
Residential) in accordance with the Kalispell Growth Policy 2020, and to provide an effective
date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Saverud absent.
E/5. RESOLUTION 5256 — RESOLI.UTION OF INVENT AND CALL FOR PUBLIC
HEARING -- PARKS MAINTENANCE DIS'T`RICT
The City Council is considering the creation of a Parks Maintenance District to ensure the financial
stability of the City parks. Resolution 5256 sets a public hearing for August 4 to accept comments on
the proposed district.
Atkinson moved Resolution 5256, a resolution of intention to create a City-wide Parks
Maintenance District No. 1 in the City of Kalispell, Montana, to direct the mailing of notices
and to call for a public hearing. The motion was seconded.
Patrick gave a staff report and answered questions.
Baker answered additional questions.
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Hafferman commented this district is nothing more than "smoke and mirrors"; citizens are being
asked to approve a new tax, period. He said this is nothing more than a ruse to circumvent the
property tax mill levy cap and he would like to see it put to a vote of the people.
Kluesner remarked the general fund is tapped out and the only way to balance the budget is to create
this district, however, he doesn't feel this is the right way to go. He said if a public hearing is held
the public needs to be able to review the Parks survey and the responses indicating the majority are
in favor of a district.
Larson and Mayor Kennedy emphasized that this resolution is only to call the public hearing.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson and Mayor
Kennedy voting in favor, Hafferman, Kluesner, and Olson voting against, and Saverud absent.
EI6. RESOLUTION 5257 -- BUILDING FEES
Building permit fees have not been adjusted for three years and are in need of updating. Staff
recommended the fees be increased to ensure that the cost of permits fully addresses the cost of
services provided.
Larson moved Resolution 5287, a resolution to set the city of Kalispell building, plumbing and
mechanical permit fee schedules and to establish a residential plan check fee and declaring an
effective date. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote with Saverud absent.
E17. CASH RESERVES GOAL
Council has indicated its desire to maintain a certain amount of cash reserves in the City's budget.
Staff recommended the Council set a goal of 15% cash reserves.
Atkinson moved that the City of Kalispell establish a 15 % cash reserve goal. There was no
second.
EIS. BOARD APPOINTMENTS — BUSINESS IMPROVEMENT DISTRICT
Five letters of interest were received for five openings on the Downtown Business Improvement
District Board of Directors. Those requesting appointment are Janet Clark, Melanie Cross, Tom
Donnelly, Jon Fetveit, and Tim. Price.
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Mayor Kennedy recommended the Council appoint the five applicants to the Business Improvement
District Board.
Larson moved Council confirm the Mayor's recommendation and appoint Janet Clark,
Melanie Cross, Tom Donnelly, Jon Fetveit, and Tire Price to the Business Improvement
District Board. The motion was seconded.
There was no discussion.
The emotion carried unanimously upon vote with Saverud absent.
F. MAYo COUNCIL CITY MANAGER'S REPORTS No Action
Olson asked for a report on whether the City could save money if we stop supplying return envelopes
for water bills.
Iluesner suggested we include the recently mailed out water report with the water bills and save on
postage.
Patrick replied that the mailing was the Consumer Confidence Report and by law must be
mailed separately.
Patrick reported that the DNRC has been asked to provide a bond for a round about or a T
intersection on Stillwater Road at the entrance of Starling Subdivision. He said DNRC is proposing a
Memorandum of Understanding instead with proposed language that does not provide acceptable
security and he will keep Council informed of any new developments.
G. ADJOURN
The meeting was adjourned at 5:35 p.m.
ATTEST:
Theresa white
City Clerk
Approved July 21, 2008
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