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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 Kalispell City Council Minutes 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. Kalispell City Council Minutes 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. Kalispell City Council Minutes 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. Kalispell City Council Minutes 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. Kalispell City Council Minutes 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 Kalispell City Council Minutes 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 Kalispell City Council Minutes June 3, 2002 Page 8