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07/15/02 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JULY 15, 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, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Police Chief Frank Garner, Public Works Director Jim Hansz and Parks and Recreation Director Mike Baker. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Leistiko moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Special Meeting June 24, 2002 Council Minutes - Regular Meeting July 01, 2002 Olson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. STUDENT ISSUES None HEAR THE PUBLIC John Harper, Parking Commission Director, thanked the Council for its consideration of Agenda Item #12, the purchase of the former Montana Motor Sports site from Hampstead Partners for parking. He read a letter from Parking Commission Chairman Janet Clark stating how important it is for the City to acquire additional parking spaces. George Van, 258 Buffalo Hill Drive, said he has seen very little support in letters to the editor for a "mega mall". He complimented Kalispell City Council Minutes July 15, 2002 Page 1 Bend, Oregon, stating Bend grew time Kalispell grew from 12,000 a "mega mall" to do it. from 5,000 to 50,000 people in the to 14,000 people and it didn't need Constance Clark, 1144 2nd Avenue West, stated she feels Kalispell has "taxation without representation" because citizens are required to speak at the beginning of the meeting instead of at the time a certain issue is being discussed. She said the City has a "spending" Council and Manager and the Council should be looking at the Governor for direction on how to cut a budget instead of increasing it. RESOLUTION 4715 - RESOLUTION ADOPTING FEES FOR WATER UTILITY The increase in water rates is proposed at twenty two cents per thousand gallons, ten cents for future replacements and twelve cents for improvements. Resolution 4715 was tabled at the July 1st meeting. Leistiko moved to remove Resolution 4715 from the table, a resolution to adopt the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell water utility. The motion was seconded. The motion was carried unanimously upon vote. Larson moved to amend Exhibit A by reducing all rates relating to water service by ten cents per thousand gallons and striking the following statement on Page 1: (Note: $.10 of the rate is designated for replacement reserves). The motion was seconded. Larson commented the Council has two options; it can implement this large increase now, or do a rate study over the next year on revenues from the new meters and then consider what to do the next budget year. He said all of the budget items being considered tonight are necessary, but there are a couple of places where amendments and adjustments can be made and he feels an additional ten cents for future replacements shouldn't be made this year. Hafferman said he will vote against the amendment because it's only a partial solution, adding he will also be voting against the resolution because it includes $825,000 in credit card purchases, or bonding. He said the current budget contains $982,032 for payments on previous Council credit card purchases and before the City does any more spending beyond routine maintenance and emergencies, a rate study and audit is needed of the enterprise funds and a priority list developed. Kalispell City Council Minutes July 15, 2002 Page 2 Leistiko commented he will support the amendment at this time because the City really doesn't know how much revenue the new meters will generate. Peters said this is a tough decision but he believes in funding depreciation and if the Council puts it off any longer, it will just get harder down the road. He pointed out the rate increase will fund needs within the City limits, not annexation costs. Olson stated he also strongly supports the reserves and even though he would love to support Larson's amendment, he doesn't think the City will receive the monies it needs with just the new meters. Atkinson said rather than take the "shot" later, it will be better for the City to take the "shot" now and hopefully the change in meters will help with the revenue in the future. Counsell agreed that the City has put off placement reserves for long enough and if it continues to do so, eventually the system will be broken down and the City won't be able to replace it. Larson reiterated he didn't say the City shouldn't fund the reserves, it just shouldn't right now. He said the Council can't do anything about the costs for the voter approved pool or the electricity hike, but it can do something about this $36.00 a year increase. Hafferman stated that after listening to the comments, he will support the amendment since it looks like the main motion will pass eight to one and this will help a little. The amendment carried upon roll call vote with Hafferman, Kenyon, Larson, Leistiko and Mayor Kennedy voting in favor, and Counsell, Olson, Peters and Atkinson voting against. The main motion as amended carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. RESOLUTION 4716 - RESOLUTION ADOPTING FEES FOR SEWER UTILITY The sewer rate increase is presented at ten cents per thousand gallons. Resolution 4716 was tabled at the July 1st meeting. Atkinson moved to remove Resolution 4716 from the table, a resolution to adopt the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell sewer utility. The motion was seconded. Kalispell City Council Minutes July 15, 2002 Page 3 The motion carried unanimously upon vote. Larson spoke against the resolution, stating sewer charges are based on the amount of water used. Hafferman restated before any rate increases be made the City should complete the following: 1) rate study; 2) audit; 3) priority list; and 4) planning. In addition, he said the City already has a City Code adopted in 1982 that specifies how replacements should be funded, but apparently that's not being followed. Olson agreed with a statement made in a memo from Public Works Director Hansz which says: "Those who are wearing out the system, the current users, should fund system replacements". He commented the increases have nothing to do with annexations and new infrastructure, but are necessary to pay for what is wearing out in the City right now. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman and Larson voting against. Resolution 4723 - Budget Resolution Larson moved Resolution 4723, a resolution setting the annual appropriations for the City of Kalispell, Montana, as set forth in the 2002-2003 budget adopted by the City Council. The motion was seconded. Hafferman said he will vote against the resolution for several reasons. He said the budget, which is up from 28 million dollars last year to 32.5 million dollars this year, includes approximately 3 million dollars to run utilities to Four Corners which should be installed by developers, a significant increase in health insurance and 2.3 million dollars for streetscape, just to mention a few. Hafferman commented this has been a piecemeal and fragmented budget process with several budget items being added at the last minute and the Council should review the entire budget again prior to approval. Leistiko stated if you remove the 3.5 million dollars for the pool which was approved by the voters, and the City's health insurance funding that was found to be necessary, this budget is actually the same as last year's and maybe even a little less. Kukulski and Finance Director Robertson answered questions. Kalispell City Council Minutes July 15, 2002 Page 4 Peters commented this is a lot of money but the budget process has been A long one and he's 95 percent comfortable with the result. 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 4724 - Budget Resolution Leistiko moved Resolution 4724, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2002-2003. The motion was seconded. There was no discussion. 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 4725 - Budget Resolution Atkinson moved Resolution 4725, a resolution levying an assessment for the cost of special maintenance for the purpose of maintaining the streets and avenues of the City of Kalispell for the fiscal year 2002-2003. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. Resolution 4726 - Budget Resolution Atkinson moved Resolution 4726, a resolution levying an assessment for the cost of lighting the streets and alleys in the City Special Lighting District for the fiscal year 2002-2003. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. Resolution 4727 - Budget Resolution Counsell moved Resolution 4727, a resolution levying an assessment for the cost of lighting the streets in the City Downtown Lighting District for the fiscal year 2002-2003. The motion was seconded. Kalispell City Council Minutes July 15, 2002 Page 5 There was discussion concerning lights in connection with the streetscape project. The motion carried unanimously upon roll call vote with all members present. Resolution 4728 - Budget Resolution Peters moved Resolution 4728, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 2002-2003. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. Resolution 4729 - Budget Resolution Kenyon moved Resolution 4729, a resolution to levy the cost of removal of garbage or other offensive matter from streets, alleys or on any premises as a special tax against property from which such matter was deposited, and the disposition thereof. Hafferman said he will vote against this resolution because this is an enterprise fund that needs a rate study and audit. In addition, he said at one time City garbage rates were well below private haulers but that isn't the case any longer. Hafferman said when the City can no longer match private enterprise, maybe the service should be privatized. Larson said he will vote against the resolution because this is another budget area where the Council has the option to hold the line and a 5 dollar increase per year is too much at this time. Kukulski explained a solid waste analysis about four years ago identified weaknesses in the system, such as vehicle replacement needs and manpower shortages, that can be corrected with this increase. He argued the City's rates are competitive. Kukulski said if you compare the City with local private haulers, the City is still 25 to 30 percent lower for residential and about 50 percent lower for commercial. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Leistiko and Olson voting in favor, and Hafferman, Larson, Peters and Mayor Kennedy voting against. Kalispell City Council Minutes July 15, 2002 Page 6 Resolution 4730 - Budget Resolution Counsell moved Resolution 4730, a resolution levying an assessment for the cost of urban forestry maintenance in the City for the fiscal year 2002-2003. The motion was seconded. Kukulski and Parks Director Mike Baker answered questions. Hafferman said he will be voting against this resolution because it's another example of a new tax that's manipulated and increased. Peters commented the Parks Department does a good job taking care of the trees and is very responsive to requests. Larson agreed, stating you can't put a value on trees and benefits they provide. 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 4731 - Budget Resolution Larson moved Resolution 4731, a resolution setting the annual appropriations for the Parking Commission as set forth in the 2002- 2003 budget adopted by the City Council. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. Resolution 4732 - Montana Motor Sports Staff is requesting that Council authorize the purchase of the former Montana Motor Sports site from Hampstead Partners for the purpose of constructing a parking lot. The property would cost $148, 762 and would be deducted from the loan the City made to Hampstead Partners for the 2nd Avenue West Redevelopment Project. Atkinson moved Resolution 4732, a resolution relating to the acquisition of certain real property within the downtown urban renewal area, described in Exhibit "A" from Hampstead Partners, Inc. and identifying the interest to be acquired. The motion was seconded. Community Development Director Moyer explained once Hampstead's construction of the senior housing project is complete, the City can then demolish the structures and construct approximately 28 parking spaces. Kalispell City Council Minutes July 15, 2002 Page 7 Mayor Kennedy questioned why the City is purchasing the lot now if Hampstead Partners will be using the old Montana Motor Sports site for storage until construction is done. Moyer said Hampstead has indicated that if they have to continue to make payments on the property, they will keep it for redevelopment and not sell it to the City later. Mayor Kennedy stated she's concerned with the City being liable if it buys the building now and something happens. Leistiko commented that if the City is buying the building now and Hampstead is using it for storage, there should be some kind of payment or agreement to release the City from any liability. Kukulski suggested the resolution be tabled until the Council's questions can be answered. Mayor Kennedy asked if there would be any problem tabling the issue for one week. Moyer said there shouldn't he, but Hampstead would like the City to close on the property before the end of July so they so not have to make another quarterly loan payment. Hafferman stated when the Council takes action he will be voting against the resolution because it's taking another piece of private property off the tax rolls and the other citizens have to pick up the loss in revenue. Leistiko moved to table Resolution 4732 to a Special Meeting on July 22nd. The motion was seconded. The motion was passed unanimously upon roll call vote with all members present. Resolution 4733 - City Clerk & Finance Office Fees This resolution establishes a fee schedule for copies of public records and certifications from the City Clerk and Finance offices. Larson moved Resolution 4733, a resolution to establish a fee schedule for copies of public records and certifications from the offices of the City Clerk and Finance Director. The motion was seconded. Kukulski gave a staff report. Kalispell City Council Minutes July 15, 2002 Page 8 City Clerk White answered questions. The motion carried unanimously upon roll call vote will all members present. Resolution 4734 - Stop Sian Authorization This resolution authorizes an all -way stop at the intersection of Second Avenue West and First Street West. Peters moved Resolution 4734, a resolution approving the placement of a stop sign in the east and west bound lanes on First Street West at its intersection with Second Avenue West and declaring an effective dat. The motion was seconded. Police Chief Garner gave a staff report and answered questions. The motion carried unanimously upon roll call vote with all members present. Ordinance 1427 - Initial Zoning Request - Big Sky Properties - 2nd Reading Osburn is requesting a zoning designation of B-2, General Business, upon annexation of the above mentioned property. Ordinance 1427 was passed on first reading July 1st. Leistiko moved second reading of Ordinance 1427, 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 Assessor's Tracts 2AAE and 2AAD located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County B-2, General Business) to City B-2 (General Business), 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 members present. Ordinance 1428 - Zone Change Request - Anthony Lupo - 2nd Reading Lupo has requested a zone change from RA-1, Low Density Residential Apartment, to B-2, General Business, on approximately 1.5 acres of property located on the east side of Third Avenue East between 14th Street East and 18th Street East. Ordinance 1428 was passed on first reading July 1st. Kalispell City Council Minutes July 15, 2002 Page 9 Larson moved second reading of Ordinance 1428, 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 Lots 1 through 7, Block 1, Ryker Addition located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned City RA-1, Low Density Residential) to City B-2 (General Business), 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 members present. Ordinance 1430 - Municipal Infractions - 1st Reading This ordinance authorizes the classification of certain City offenses as municipal infractions. Atkinson moved first reading of Ordinance 1430, an ordinance authorizing the classification of certain city offenses as municipal infractions, prescribing enforcement procedures and penalties, allowing for appeals, authorizing the City Attorney to codify §§ 1-11, 1-12, 1-13, 1-14, 1-15, 1-16, 1-17, 1-18, and establishing an effective date. The motion was seconded. City Attorney Harball gave a staff report and answered Council questions, stating this ordinance is the first step in allowing the City to prosecute parking offenses civilly instead of criminally. The motion carried unanimously upon roll call vote with all members present. Ordinance 1431 - Parking Offenses as Municipal Infractions - 1st Reading This ordinance decriminalizes parking offenses and allows them to be processed as civil municipal infractions. Atkinson moved first reading of Ordinance 1431, an ordinance amending Ord. 672 § 1; Amd. Ord. 722, Ord. 545 § 1; Amd. Ord. 765 § 1; Ord. 782 § 1; Ord. 883 §§ 1, 2; Ord. 914 §§ 1, 2; Ord. 997 §§ 1, 6; Ord. 1010 § 1; Ord. 1030 § 1; Ord. 1040 § 1; Ord. 1043a § 1; Ord. 1045 § 1; Ord. 1062 § 1; Ord. 1068 § 1; Ord. 1073 § 1, R.O. 1947 § 314, R.O. 1947 § 324, 627 § 1, Ord. 1099 § 1, R.O. 1947 §§ 393, 394; Amd. Ord. 714 § 1; Ord. 1009 § 1 of the Kalispell City Code by reclassifying certain parking offenses as municipal Kalispell City Council Minutes July 15, 2002 Page 10 infractions, prescribing procedures therefor, establishing a civil penalty for proven violations, and establishing an effective date The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. Ordinance 1432 - Waiver of Municipal Court Fees - let Reading This ordinance exempts the City of Kalispell and the Parking Commission from payment of Municipal Court fees when filing civil actions. Kenyon moved first reading of Ordinance 1432, an ordinance amending ordinance No. 1304, (9 2-69(A), Kalispell City Code) by exempting the city of Kalispell and the Kalispell Parking Commission from payment of Municipal Court fees, authorizing the City Attorney to recodify 9 2-69 and establishing an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Mayor Kennedy announced there will be a Special Meeting on Monday, July 22 starting at 7:00 p.m. Hafferman said at the last meeting, he voted in favor of an amendment to a master plan amendment request adding buffer zones in West View Estates. He asked if that was the proper time to require buffer zones and whether the Council, when it amends a recommendation of the Planning Board, needs to.hold an additional public hearing. Hafferman asked the staff to research the issue. Leistiko asked that the City Council discuss the City Airport and who's responsible for various issues at a future work session. Peters asked that planning issues also be placed on a future work session. Kalispell City Council Minutes July 15, 2002 Page 11 Atkinson complimented Council members and staff on its work with the budget. Kukulski informed the Council that interviews were completed today with the three consulting firms interested in conducting the City's rate study. He outlined several issues the Council should be aware of with the upcoming special legislative session, and thanked Bill Spence with the Daily Inter Lake for his story Sunday concerning taxable values. ADJOURN The meeting was adjourned at 9:47 p.m. Pamela B7KeLnedy Mayor ATTEST: (� Theresa White City Clerk Approved August 5, 2002 Kalispell City Council Minutes July 15, 2002 Page 12