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05/06/02 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MAY 6, 2002, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS DON COUNSELL, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, HANK OLSON, JAYSON PETERS AND CITY MANAGER CHRIS KUKULSKI WERE PRESENT. COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Kenyon moved approval of the Agenda with the addition of a proclamation for Elder Abuse Prevention Month. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting April 15, 2002 2. Postpone Bid Award - Parking Lot Construction Five bids were received for the reconstruction of the parking lot on 1st Avenue East and a new parking lot on the site of the old Keno Inn. Due to the interrelationship of this project to the Downtown Streetscape Project, staff recommended that Council delay action on the bids to no later than June 29th. 3. Award Bid - 2002 Street Overlay Project Three bids were received for pavement rehabilitation. Staff recommended the bid for the Overlay Project be awarded to JTL Group based on a low bid of $128,914.66. 4. Award Bid - Sidewalk and Curbing Construction for the Year ending June 30, 2003 Two bids were received for the construction of sidewalk and curbing. Staff recommended the bid be awarded to Sandon Construction. 5. Recognition - Municipal Clerk Completion of Court Manager Course - National Judicial College - Thelma Keys -Nicol 6. Proclamation - World Falun Dafa Day - May 13, 2002 Kalispell City Council Minutes May 6, 2002 Page 1 7. Proclamation - National Police Officers Memorial Day - May 15, 2002 8. Proclamation - Elder Abuse Prevention Month Leistiko moved approval of the Consent Agenda. The motion was seconded. Kennedy explained she would not be voting because her employer, Pack & Co., submitted bids for the Street Overlay and Parking Lot Construction projects. The motion carried upon vote with Kennedy abstaining. STUDENT ISSUES Nick Morton, 426 Hilltop Avenue, asked everyone to vote for the School Mill Levy on May 7th. Julia Hammerquist, FHS Anchor Club President and Sierra Parker, FHS Anchor Club Vice President, spoke about the different programs the club is involved with and asked for any support people can give. Kennedy commended Hammerquist for recently being voted the Teen Volunteer of the Year. HEAR THE PUBLIC Karen Reeves, 230 Missy Lane, Whitefish, encouraged constructive dialog between the Cities and the County to solve planning differences. Norbert Donahue, 144 Crestline Drive, protested Resolution 4693 increasing the ambulance fees. Jean Johnson, 787 North Main, spoke in opposition to any increase in sewer fees or any creation of a line from the City to Four Corners. Kathryn Combs, 660 Wishart Road, talked about Falun Dafa, an ancient Chinese spiritual practice. ORDINANCE 1416 - ADOPTING UNIFORM BUILDING CODES - 2ND READING Each time the State amends the Administrative Rules of Montana, Kalispell must adopt the changes in order to maintain its certification to enforce building codes. Ordinance 1416 was adopted on first reading April 15th. Kalispell City Council Minutes May 6, 2002 Page 2 Larson moved second reading of Ordinance 1416, an ordinance to amend Ordinance No. 1301 which adopted, by reference, the "Uniform Building Code", 1997 Edition; the "Uniform Mechanical Code" (ICBO Version), 1997 Edition; the "Council of American Building Officials, One and Two Family Building Code", 1995 Edition; the "Uniform Code for Abatement of Dangerous Buildings", 1997 Edition; the "Uniform Housing Code", 1997 Edition; and the "Model Energy Code", 1993 Edition, as the building codes of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Division, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. Building Official Craig Kerzman answered questions. The motion carried unanimously upon roll call vote. ORDINANCE 1417 - ADOPTING UNIFORM PLUMBING CODES - 2ND READING various sections of the Administrative Rules of Montana relating to plumbing codes have also been amended and the City is required to adopt those changes. Ordinance 1417 was adopted on first reading April 15th. Counsell moved second reading of Ordinance 1417, an ordinance to amend Ordinance No. 1397 which adopted, by reference, the "Uniform Plumbing Code", 2000 Edition, as the plumbing code of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Division, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1418 - ZONING ORDINANCE TEXT AMENDMENTS - LOT COVERAGE - 1ST READING These amendments would increase the allowable lot coverage in most of the residential zoning districts by five percent, will clarify that decks less than 30 inches in height will not be included in the lot coverage limits and will eliminate the 25 percent lot coverage limits in rear yards of the R zones. Kalispell City Council Minutes May 6, 2002 Page 3 Kenyon moved first reading of Ordinance 1418, an ordinance amending various residential sections of the Kalispell Zoning Ordinance, (ordinance No. 1175), by amending the lot coverage limits; Section 27.22.020(3)(d), by deleting rear yard coverage limits; Section 27.37.010, by amending the definitions of lot coverage and structure, and declaring an effective date. The motion was seconded. Kukulski gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1419 - DESIGNATION OF BUILDING PERMIT FEES FOR FIRE PREVENTION - 1ST READING The Kalispell Fire Department has established a Prevention Division. A major portion of the Prevention Division's work is related to building code enforcement. This resolution designates 28% of the building permit fees for the fire prevention program costs. Larson moved first reading of Ordinance 1419, an ordinance establishing a fire prevention program fee of twenty-eight percent of the building permit fee for all building construction within the City of Kalispell, Montana, and declaring an effective date. The motion was seconded. Kukulski gave a staff report emphasizing this ordinance will not raise the fees for building permits. There was discussion and Assistant Fire Chief, Jim Stewart, answered questions. The motion carried unanimously upon roll call vote. ORDINANCE 1420 - SPECIAL STREET MAINTENANCE ASSESSMENTS - 1ST READING This ordinance sets assessment rates for special street maintenance, exempting parklands and setting maximum assessments for vacant land and residential land. Peters moved first reading of Ordinance 1420, an ordinance amending Ordinance No. 1035 by providing a multi -tiered system of special street assessment and exempting public and private parklands, and providing an effective date. The motion was seconded. Kalispell City Council Minutes May 6, 2002 Page 4 Leistiko moved to amend Ordinance 1420 by also exempting cemeteries. The motion was seconded. There was no discussion. The amendment carried unanimously upon vote. Hafferman spoke in favor of the ordinance, emphasizing the City still needs a rate analysis and audit of the enterprise funds. The main motion as amended carried unanimously upon roll call vote. ORDINANCE 1421 - STORM DRAINAGE ASSESSMENTS - 1ST READING This ordinance sets assessment rates for storm drainage maintenance, exempting parklands and setting maximum assessments for vacant land and residential land. Peters moved first reading of Ordinance 1421, an ordinance amending Ordinance No. 862 by providing a multi -tiered system for storm drain assessment and exempting public and private parklands therefrom and providing an effective date. The motion was seconded. Leistiko moved to amend Ordinance 1421 by also exempting cemeteries. The motion was seconded. Peters spoke in favor of the motion commenting that this issue was intensively looked at and discussed at two different work sessions. The amendment carried unanimously upon vote. There was no discussion. The main motion as amended carried unanimously upon roll call vote. RESOLUTION 4692 - GLACIER VILLAGE GREENS ASSESSMENTS This resolution was tabled from the April 15th meeting and would set City assessments in Glacier Village Greens for homeowner parkland based on the average amount per residential lot. Kukulski stated because Ordinances 1420 and 1421 cover the assessments in Village Greens, the staff is recommending no action be taken on this resolution. No motion was made to remove Resolution 4692 from the table. Resolution 4692 died. Kalispell City Council Minutes May 6, 2002 Page 5 RESOLUTION 4693 - ACCEPTANCE OF ROADWAYS IN GLACIER VILLAGE GREENS The Glacier Village Greens Homeowners Association has issued a deed of conveyance and dedication to the City of Kalispell for the roadways in all annexed parcels. Formal acceptance by the Council is required. Counsell moved Resolution 4693, a resolution to provide for acceptance of the roadways in Glacier Village Greens as detailed in the Deed and Dedication date April 25, 2002, and declaring an effective date. The motion was seconded. Kukulski gave a staff report. There was discussion and Kukulski answered questions concerning golf cart lanes and fire hydrants. The motion carried unanimously upon roll call vote. RESOLUTION 4694 - REVISING AMBULANCE FEES For the past two years the ambulance fees have not met the budget requirements needed. The proposed increase would meet the objective of matching revenue and expenditures and would bring the Fire Department into line with charges of similar services in the State. Larson moved Resolution 4694, a resolution amending Resolution No. 4633, by revising ambulance rates for the use of the Kalispell Ambulance Service and declaring an effective date. The motion was seconded. Kukulski gave a staff report, stating the ambulance fund is an enterprise fund and needs to be self-supporting. He said medical costs and the department's call volume has continued to rise, yet the collection rate has stayed flat. Kukulski said it's unfortunate the rates have to be raised, but it's necessary to run the ambulance operation efficiently and effectively. Olson commented he has a problem with raising the rates and suggested that maybe Kalispell should get out of the ambulance business. He asked how it would affect the Fire Department if Kalispell drops ambulance service. Fire Chief Randy Brodehl said fifteen percent of the firefighters' wages comes from the ambulance enterprise fund, and beginning July 1st, forty percent of the Fire Chief and Assistant Chief's wages will be drawn from there. Kalispell City Council Minutes May 6, 2002 Page 6 Kukulski said whether the ambulance service is public or private, when a call comes in the City would respond because we are responsible for providing life safety support to the community. He said the only thing that would be different if the ambulance is privatized is the hauling of the patient. Olson commented the City still has to call in two people and pay them overtime while the ambulance is out. He said he just has a problem with the whole concept. Brodehl said the ambulance rates haven't been increased for quite some time and what the City needs to do is look at the fund annually. He said then you could track the costs with the rates and not have large increases like this one. Larson said if the ambulance service was privatized the Fire Department would still respond first, but wouldn't get any of the fees. He said in addition, a lot of the private companies are financially strapped and are receiving subsidies from the cities or counties they're serving. Leistiko said he agrees that eventually the City may have to get out of this service, but he said there's nothing we can do right now. Hafferman said he will vote against this resolution, and any other rate increases, that are intended to increase revenue in enterprise funds until an independent rate analysis and audit of the enterprise funds can be done. Brodehl answered questions concerning collections. The motion carried upon roll call vote with Hafferman, Olson and Peters voting against. RESOLUTION 4695 - CALLING FOR PUBLIC HEARING FOR ANNUAL BUDGET Budget amendments are needed for the following funds: General; Fire Department; Airport; Downtown Tax Increment; Light and Self -Insured Health. The public hearing is scheduled for May 20th. Leistiko moved Resolution 4695, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2001-2002 Budget adopted by the City Council. The motion was seconded. Kalispell City Council Minutes May 6, 2002 Page 7 Kukulski gave a staff report. Hafferman questioned an addition to the tax increment budget of $185,328 to allow for contracts to be let before the district sunsets. Kukulski stated any TIF monies that aren't contractually obligated on July 1st, will revert to the State and County. Hafferman said he doesn't see a need for the TIF amendment because if there is a surplus, it should be returned to the taxpayer. He asked that the budget amendments be separate resolutions when they come before the Council May 20th because he doesn't want to have to vote no to all of the amendments just because he doesn't approve of one. The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kennedy, referring to an article in the Daily Inter Lake, commended Police Chief Frank Garner for the great job he does. Larson informed members there will be a Montana League of Cities and Towns meeting concerning upcoming legislative issues starting at 1:00 p.m. on May 22nd at Central School. ADJOURN The meeting was adjourned at 8:45 p.m. ATTEST:����... Theresa White City Clerk Approved May .40,2002 Pamela B. Mayor Kalispell City Council Minutes May 6, 2002 Page 8