12/02/96 City Council Minutes953
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, DECEMBER 2, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN
GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY
ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved to approve the agenda. The motion was seconded.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting -November 18, 1996
B. Approval of Claims per Payables Register-$475,852.26
C. Bid Award -North Water Well
Collins moved to approve the consent agenda. The motion was
seconded.
Upon vote the motion carried.
HEAR THE PUBLIC
No one addressed the Council.
Ashley Park -Ordinance 1252-Zone Change-2nd Reading
Larson moved Ordinance 1252, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning property known as Ashley Park Phase
II, Flathead County, Montana (previously zoned County R-4, Two -
Family Residential), to City R-4, Residential, in accordance with
the City -County Master Plan, and to provide an effective date. The
motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
HEARING-Greenacres/South Woodland Annexation Process
Bill Astle, attorney representing Greenacres Homeowners
Association, spoke against the annexation and asked for the record
the following be entered:
I think the guts of the extension of services plan is a sham.
Staff is asking you we'll annex but the services will be extended
by the people at the people's expense in the area you annex.
I think that directly runs afoul of the statute, which requires
whatever form of annexation, whatever city in Montana does it, that
they extend the services to the area and they finance them by a
method that is born by the entire municipality. I think it is
clear.
The following spoke against the annexation of Greenacres:
Bob Meerkatz, 1604 South Woodland Drive
Cindy Russell, 1723 South Woodland Drive
Sherry Seaman (Gutierrez), 590 Willow Glen Drive
Debbie Birks, 1745 Bison Drive
Randal Schumacher, 2009 5th Avenue East
Michael Zattosky, 2102 5th Avenue East
Reed Darrow, 1772 Bison Drive
Sally Delby, 1740 Woodland Drive
Roger Stevens, 626 14th Street East
Mike DeBaldo, 1516 Eagle Drive
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Dennis Dortch, 1696 Stag Lane
Clark Stahberg, on behalf of Olga Stahlberg, 1010 Willow Glen Drive
Claude Aaberge, 1902 South Woodland
Jo Martin, 1705 Bison Drive
Bob Eickert, 1942 South Woodland
Carleen Gibbs, 1704 Woodland Avenue
Rauthe closed the hearing.
Krepps reported 360 notices were sent out and 126 protests were
received, with 65 invalid and 61 valid. Approximately 29 protests
were received after the deadline of which all were also invalid.
Rauthe read a memo Krepps distributed regarding Storm Sewer
Drainage Assessments:
At the last workshop, there was discussion and concern voiced about
the "fairness and equitable" taxing procedure that we currently
utilize for the storm sewer drainage assessments. The concern
centered around "large parcels" to be annexed and how our
_.. assessments are affecting. -these landowners.
I have discussed this item with the staff during the last week. I
believe we should consider the reduction or elimination of the
storm drainage assessments on large -parcels that are currently held
and, upon annexation, would continue to be held for open space,
livestock grazing, or bare country -style acreage.
This could be done by reconfiguration of the formula for "large"
parcels. A definition of a large parcel would need to be agreed
upon and the area of improvement(s) that would be taxed would also
need to be agreed to. We would then need to determine the effect
upon our storm sewer revenue versus the need for and expense of
providing storm sewers to the property.
If this procedure for the large parcels would be followed, we would
then need to, in lieu of the assessments, create a requirement for
the landowner(s) who elects to subdivide, increase density, pave,
or make other improvements to mitigate the cost of these charges
either on their own or through a special mitigation fee to the City
at the time of subdivision.
This will take a considerable amount of time to research and
compile a report to you. This should also illustrate the effects
of this concept on existing, in the City boundaries, large parcels
to ensure some equitable formulas.
I do not promise that this will be a favorable report nor do I
promise that the results will be desirable for annexed properties.
I do promise that the research will be done to look at
alternatives. This type of report, due to the historical data
required, may take several months to complete.
I do not recommend that we delay the annexation. The process that
has been used to this date has been lengthy, thorough, fair, and
complete. We will lose the ground work that has been gained
through the process if we further delay the approval. With 23
years of experience behind me, the annexation arguments that have
been presented are typical, not new, and are expected. A delay
will not change the arguments or the outcome of an annexation
authorization.
Narda Wilson from FRDO explained the map reflecting those protests
received on sewer, water, both or neither.
Krepps reviewed the costs involved.
Resolution 4305-Neighborhood Plan
Kennedy moved Resolution 4305, a resolution adopting a recommended
amendment to the Kalispell City -County Master Plan.
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The motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Motion to Adopt Extension of Services Plan
Nystul moved the adoption of the Extension of Services Plan for
South Woodland/Greenacres annexation, the November 26, 1996
revision. The motion was seconded.
Donahue moved to amend on Page 4, paragraph 2, first sentence, to
read, "Other roads in the proposed annexed area, with the exception
of those roads which are expressly intended to be privately owned
and maintained, would be taken over and maintained by the City of
Kalispell." The motion was seconded.
The amendment carried unanimously with a vote.
Kennedy moved to amend the extension of services plan on page 4,
paragraph 8, in order to maintain the same high quality service
which is expected and currently provided to other City residents,
it would be anticipated that an additional snowplow may be
necessary along with a half full time employee. Additionally, it
should be noted that the Public Works Department equipment is aging
and that when properties are annexed into the City it creates
additional demands on the equipment thereby shortening its life
span. It would be reasonable to anticipate that some equipment
replacement would be required in the future."
The amendment carried unanimously with a vote.
Donahue moved to amend on page 5, last line to read, "Approximately
10 fire hydrants would be required to be installed to provide
adequate fire protection for the area at a cost of approximately
$25,000." The motion was seconded.
There was discussion.
Donahue withdrew his motion as did the second.
Kennedy moved to amend page 7, paragraph 6, to read, "Currently the
debt remaining on the district's fire engine is $61,526.27. The
district's annual budget is $37,000, and they anticipate that they
would lose $11,000 from the area proposed for annexation or 29.7%
of their budget. This percentage as calculated on their capital
debt would be $18,273.30." The motion was seconded.
Larson, Haarr and Nystul spoke against the amendment.
Donahue spoke in favor of the amendment.
South Kalispell Fire Chief Roger Stevens answered questions.
There was discussion.
Kennedy, maker of the amendment and the second agreed that the
paragraph will speak to $11-13,0000, 29.7% to 35% and the last line
would be eliminated.
The amendment failed with Kennedy and Donahue voting in favor and
Haarr, Atkinson, Collins, Larson, Nystul, Granmo and Rauthe voting
against.
Kennedy moved to amend paragraph 5, last sentence, "attempts to
reduce the financial impact the annexation would have on the rural
fire district would include a repayment of lost tax revenues for 3
years.
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This would be based on a historical past three years and payment to
be made on a yearly basis and to drop the next paragraph." The
motion was seconded.
There was discussion.
Larson called for the question.
The amendment carried with Donahue voting against.
Kennedy moved to amend on page 9, paragraph 4, "Note: Should the
annexation of this area result in litigation, no improvements or
payments would be provided until the matter is resolved." The
motion was seconded.
The amendment carried unanimously with a vote.
Donahue moved on page 8, to remove paragraphs 3 and 4. The motion
was seconded.
There was more discussion.
Kennedy and Larson spoke against the amendment.
The amendment failed with Donahue voting in favor.
Larson moved on page 6, paragraph 4, second sentence, to drop
property owner and put in all customers. The motion was seconded.
There was discussion. Inadvertently there was no action taken on
this item but referred to again below with the next amendment made
by Kennedy.
Donahue moved to delete the last sentence of paragraph 4. The
motion was seconded.
Donahue and Nystul spoke in favor of the motion and Kennedy spoke
against.
There was more discussion.
Kennedy called for the question.
The amendment to delete the last sentence of paragraph 4 failed
with Collins, Kennedy, Atkinson and Rauthe voting against and
Haarr, Nystul, Granmo, Larson and Donahue voting in favor.
Kennedy moved to amend paragraph 3 and 4 on page 6 to reflect in
paragraph 3 where it says the water main extensions will be paid
for by all customers in accordance with the adopted Citywide
Extension of Services Plan. The City would assist projects in
developed areas by preparing applications for grants, low interest
loans or by sponsoring special improvement districts. Water main
extension for new developments would be paid for by the developer.
Paragraph 4, the cost of engineering and construction for sewer
main extension would be again the same reflected with the last
sentence being "sewer for the new developments would be paid for by
the developer." The motion was seconded.
Donahue spoke against the amendment.
The amendment carried with Granmo, Donahue and Haarr voting against
and Kennedy, Nystul, Larson, Atkinson, Collins and Rauthe voting in
favor.
The amended motion carried with a unanimous vote.
Atkinson requested a 5 minute recess.
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nesoiutzon 4suo-Annexation
Kennedy moved Resolution 4306, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, south Woodland/Greenacres, an area
containing approximately 308 acres and located southeast of
Kalispell, as more particularly described in Exhibit W, attached
hereto and for purposes of this resolution made a part hereof, to
be known as South Woodland/Greenacres Annexation No. 278, and to
declare an effective date. The motion was seconded.
Nystul moved to amend Section III to state "This resolution shall
become effective July 1, 1997." The motion was seconded.
There was discussion.
Larson spoke against the annexation.
Donahue and Haarr spoke in favor of the amendment.
The amendment carried with Atkinson, Donahue and Collins voting
against and Kennedy, Larson, Haarr, Nystul, Granmo and Rauthe
voting in favor.
Kennedy spoke in favor of keeping the boundaries as are currently
being presented.
There was more discussion.
With a roll call vote the amended motion carried with Atkinson,
Donahue, Kennedy, Nystul and Rauthe voting in favor and Collins,
Granmo, Haarr and Larson voting against.
Ordinance 1253-Zoning-lst Reading
The process that the City staff, FRDO, Council and the Greenacres
Homeowners Association have participated in for the last few months
has been successful in processing information, addressing concerns,
and arriving at equitable solutions for the City and the proposed
annexation area.
Kennedy moved Ordinance 1253, an ordinance to amend Section
27.02.010, official zoning map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning property known as South
Woodland/Greenacres, Flathead County, Montana, (previously a
mixture of Residential, Commercial and Industrial uses), as
follows: R-1, Suburban Residential for those properties located
south of Woodland Avenue, east of the current city limits and west
of Willow Glen Drive which includes Egasia Corner Subdivision,
Willow Haven Subdivision, adjoining tract lands and lots within the
Greenacres original subdivision which from along Willow Glen Drive
with the southern most boundary being lot 8 of Greenacres original
subdivision. R-2, single-family residential, would include those
properties located in the Greenacres northwest subdivision;
Greenacres units one, two and three; Lots within Greenacres
original north of Haven Drive and east of South Woodland Drive and
adjoining tract lands. R-3, single-family residential would
include those properties located in Greenacres unit four; Meadow
Park subdivision; Meadow Park Unit No. 2 and adjoining tract lands.
B-2, a General Business District, would include those properties
along Highway 93 South. Light Industrial zoning for those
properties south of Kelly Road; and P-1, Public for the County park
and the Homeowners park, in accordance with the City -County Master
Plan, and to provide an effective date. The motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
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FOR YOUR INFORMATION
City Court Report
Donahue pointed out the City Court report, the interest collected,
is the result of the recent ordinance.
Next Work Session December 9, 1996 7:00 p.m.
Next Regular Meeting December 16, 1996 7:00 p.m.
ADJOURN
The meeting was adjourned at 10:33 p.m.
Bouglasob. Rauthe, Mayor
ATTEST:
LL!91LL��'O-J' 0rn C
Debbie Gif &A14LtMC
Clerk of Council
Approved 12/16/96
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