06/03/02 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JUNE 3, 2002, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY KENYON,
DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE
PRESENT.
Also present: City Manager Chris Kukulski, City Attorney Charles
Harball, City Clerk Theresa White, Community Development Director
Susan Moyer, Finance Director Amy Robertson, Assistant Fire Chief
Arvin Mower, Police Chief Frank Garner, Parks and Recreation
Director Mike Baker, Public Works Director Jim Hansz and Tri-City
Senior Planner Narda Wilson.
Mayor Kennedy called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Larson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with all Council members
present.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting May 20, 2002.
Larson moved approval of the Consent Agenda. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon vote with all Council members
present.
STUDENT ISSUES
None
HEAR THE PUBLIC
Dale Haarr, 80 Buffalo Hill Drive, said an article in yesterday's
Daily Inter Lake, "Kalispell Facing Higher City Costs", is creating
a public feeling of disappointment, frustration and pure fear. He
urged the Council to consider a ten percent reduction in taxes
across the board.
Kalispell City Council Minutes
June 3, 2002
Page 1
Steve Johnson, 131 North Haven Drive, said on May 15th he sent a
letter to the City from Evergreen Disposal explaining it's rates
because there was some misinformation provided at a work session.
He said comparing the City's garbage rates with Evergreen
Disposal's, he feels the citizens would benefit from a bidding
process and the privatization of garbage service.
Dave Hadden, Bigfork, said he represents the Montana Wilderness
Association and encouraged the Council to support the expansion of
Waterton Lakes National Park into the North Fork of the Flathead
River.
Hadden answered questions from the Council concerning the
expansion.
MOTION TO ADOPT PRELIMINARY BUDGETS AND CALLING FOR PUBLIC HEARING
As part of the budget procedure, the Council is required to adopt
the preliminary budgets and set a public hearing for the final
budget. The public hearing is scheduled for July 1st.
Leistiko moved the Council adopt the preliminary budgets and set a
public hearing for July 1, 2002. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all Council
members present.
RESOLUTION 4704 - FIXED ASSET POLICY
The Governmental Accounting Standard Board has adopted Statement 34
(GASB 34) which sets financial reporting requirements for all state
and local governments. Resolution 4704 adopts the new requirements
and establishes a policy for the capitalization of fixed assets.
Larson moved Resolution 4704, a resolution amending Resolution No.
4452 by establishing a policy for the recording of infrastructure
assets and capitalization of fixed assets. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all Council
members present.
RESOLUTION 4705 - CALLING FOR PUBLIC HEARING ON A PROPOSAL TO
INCREASE KALISPELL SEWER FEES
Sewer infrastructure replacement needs require an increase in sewer
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June 3, 2002
Page 2
rates of ten cents per thousand gallons. A public hearing on the
proposed increase is scheduled for July 1st.
Atkinson moved Resolution 4705, a resolution setting a date for
public hearing on a proposal to adopt increases in the fees,
schedules, rates, charges and classifications imposed on the
customers of the City of Kalispell Sewer Utility. The motion was
seconded.
Hafferman stated he will voting against the resolution because as
he's stressed many times before, the City first needs a rate
analysis audit of the enterprise funds and a priority list of all
City needs. He said only after those two things are completed, can
the Council make a rate recommendation.
The motion carried upon roll call vote with Atkinson, Counsell,
Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in
favor, and Hafferman voting against.
RESOLUTION 4706 - CALLING FOR PUBLIC HEARING ON A PROPOSAL TO
INCREASE KALISPELL WATER FEES
Water infrastructure replacements and improvements require an
increase in water rates of twenty five cents per thousand gallons,
ten cents for future replacements and fifteen cents for
improvements. A public hearing on the proposed increase is
scheduled for July 1st.
Leistiko moved Resolution 4706, a resolution setting a date for
public hearing on a proposal to adopt increases in the fees,
schedules, rates, charges and classifications imposed on the
customers of the City of Kalispell Water Utility. The motion was
seconded.
Hafferman expressed concern that improvements are to be financed by
bonding. He said the project appears to be needed, but where does
it fit into the overall priority and when. Hafferman stressed the
City needs a plan.
Atkinson disagreed, stating he feels the City is planning relative
to developing reserve funds and studying infrastructure needs.
Kukulski commented he will identify the existing replacement
accounts and whether there's a need to change those accounts prior
to the public hearing.
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June 3, 2002
Page 3
Olson commented that in the future, he hopes the cost of fire
hydrant installations and water main extensions can be picked up by
someone other than the taxpayers.
The motion carried upon roll call vote with Atkinson, Counsell,
Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in
favor, and Hafferman voting against.
RESOLUTION 4707 - RESOLUTION OF INTENTION TO ADOPT, REVISE OR
REJECT AN AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN
Wolford Development Montana, LLC (Glacier Mall Mixed Use
Development), has requested a master plan amendment on
approximately 232 acres located near the northeast corner of
LaSalle Road and East Reserve Drive for the purpose of constructing
a mall. This resolution sets a public hearing on the amendment
request for a special meeting Monday, June 24th in Council Chambers
starting at 7:00 p.m.
Leistiko moved Resolution 4707, a resolution of intention to adopt,
revise or reject a recommended amendment to the Kalispell City -
County Master Plan. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all Council
members present.
ORDINANCE 1422 - INITIAL ZONING - FLATHEAD (GLACIER) VILLAGE GREENS
PHASE XI - 2ND READING
Flathead Village Greens, Inc. has requested an initial zoning
designation of R-4, Two Family Residential on Phase XI. The
property is currently zoned County R-5, Two Family Residential.
Ordinance 1422 passed on first reading May 20th.
Larson moved second reading of Ordinance 1422, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property described as the Subdivision Plats of Village Greens Phase
XI located in Section 32, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana (previously zoned County R-5, Two Family
Residential) to City R-4 (Two Family Residential), in accordance
with the City -County Master Plan, and to provide an effective date.
The motion was seconded.
There was no discussion.
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June 3, 2002
Page 4
The motion carried unanimously upon roll call vote with all Council
members present.
ORDINANCE 1423 - ZONING TEXT AMENDMENT - LES SCHWAS TIRE CENTERS -
PARKING SETBACKS 1ST READING
This ordinance amends off street parking design to allow parking in
the front and side setbacks and reduces the rear setback from
twenty feet to ten feet in the I-1, Light Industrial, and B-5,
Industrial/Commercial, zoning districts.
Atkinson moved first reading of Ordinance 1423, an ordinance
amending Section 27.26.030(e)(2) of the Kalispell Zoning Ordinance,
(Ordinance No. 1175), by amending off street parking design to
allow parking in the front and side setbacks and reducing the rear
setback from 20 feet to 10 feet in the I-1, Light Industrial
District, and B-5, Industrial/Commercial District, and declaring an
effective date. The motion was seconded.
Atkinson, Planning Board member, explained the request was to amend
the setbacks in the I-1 district only, but the planning staff
recommended the amendment be applied to the B-5 zone also and the
Planning Board agreed.
Olson asked what the development plans are for Les Schwab Tire
Center.
Narda Wilson, TCPO, said plans are to redevelop the site and build
a new building just east of the existing building. She pointed out
the amendment affects all properties in the I-1 and B-5 zoning
districts, not just Les Schwab's.
Olson expressed concern about the parking problem associated with
the site.
Wilson said when redevelopment plans are submitted, that's the time
to address any problematic issues and make sure the redevelopment
complies with City standards.
Peters asked how the setback amendment will benefit the City.
Wilson answered it will make more efficient use of the land.
The motion carried unanimously upon roll call vote with all Council
members present.
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June 3, 2002
Page 5
RESOLUTION 4708 - ANNEXATION REQUEST - MELVIN POWELL
This is a request for annexation of approximately one half acre
located on the west side of 7th Avenue West, north of Sunnyside
Drive and south of llth Street West.
Atkinson moved Resolution 4708, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein as an annexation certain real property, more particularly
described as Lot 1 of Western Acres located in Section 18, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, to be
known as Powell Addition No. 314; to zone said property in
accordance with the Kalispell Zoning Ordinance, and to declare an
effective date. The motion was seconded.
Kenyon asked if this annexation will create a "patchwork" because
it's the only lot being annexed west of 7th Avenue West.
Wilson said the property is contiguous to the City on the east and
other properties in the area already receiving City services are
targeted for annexation in the future.
Olson commented that since this property is being annexed it should
have sidewalks, curbs and street lights.
Wilson stated there are many ai
sidewalks and if the property
sidewalks, the City could assist
the City doesn't typically requ_
sewer connection to address th
neighborhood.
eas in the City that don't have
owners decide later they want
them in creating an SID. She said
re someone that's annexing for a
lack of infrastructure in the
Olson said that's why the City has so many areas that don't have
sidewalks, they're not required.
Kukulski explained the City does require infrastructure for a new
development, but when you're annexing a small parcel it's not
feasible.
Olson maintained he still doesn't feel the City should be annexing
property without proper infrastructure.
The motion carried upon roll call vote with Atkinson, Counsell,
Hafferman, Kenyon, Larson, Leistiko, Peters and Mayor Kennedy
voting in favor, and Olson voting against.
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June 3, 2002
Page 6
ORDINANCE 1424 - INITIAL ZONING REQUEST - MELVIN POWELL- 1ST
READING
Upon annexation into the City, Powell is requesting a zoning
designation of R-4, Two Family Residential. The property is
currently designated County R-5, Two Family Residential.
Atkinson moved first reading of Ordinance 1424, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property described as Lot 1 of Western Acres located in Section 18,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
(previously zoned County R-5, Two Family Residential) to City R-4
(Two Family Residential), in accordance with the City -County Master
Plan, and to provide an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all Council
members present.
RESOLUTION 4709 - PRELIMINARY PLAT APPROVAL - ISLAND SUBDIVISION
Thomas, Dean and Hoskins, on behalf of KRDS, is requesting
preliminary plat approval of the Island Subdivision, a 68-lot
residential subdivision on approximately 25 acres on the north side
of Three Mile Drive west of North Meridian Road.
Peters moved Resolution 4709, a resolution conditionally approving
the Preliminary Plat of the Island Subdivision, more particularly
described as Tract 6 of Section 1, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana. The motion was seconded.
Hafferman said in the future, he would like it made clear in the
staff report that the developer is responsible for the
infrastructure to connect to City water and sewer services.
Wilson commented that the City never pays for water or sewer
extensions or roadway improvements for the purposes of private
development.
Hafferman stated he understands that, but it's confusing the way
it's written in the staff report.
Wilson said she will make sure to clarify it from now on.
Hafferman also stressed that the Council needs to look closely at
infrastructure operation and maintenance to ensure that the revenue
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June 3, 2002
Page 7
generated is such that taxpayers are not looking at rate increases
because of annexation.
The motion carried unanimously upon roll call vote with all Council
members present.
BOARD APPOINTMENT - BOARD OF ADJUSTMENT
There are two openings on the Kalispell Board of Adjustments.
Applications for the seats were received from Rob Heinecke, Barbara
Ludwig and Virginia Sloan. Just prior to the meeting, Ludwig
withdrew.
Mayor Kennedy recommended Rob Heinecke and Virginia Sloan be
appointed.
Olson moved the Council accept the Mayor's recommendation and
appoint Rob Heinecke and Virginia Sloan to the Kalispell Board of
Adjustment. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with all Council members
present.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Mayor Kennedy announced Police Chief Frank Garner's 40th Birthday.
Peters reminded everyone that tomorrow is election day.
ADJOURN
The meeting was adjourned at 8:15 p.m
ATTEST:
ZI
Theresa White
City Clerk
Approved June 17, 2002
Rand' enyo
Council Chairman
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June 3, 2002
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