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11/18/02 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 18, 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, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER DUANE LARSON WAS ABSENT. Also present: City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Police Chief Frank Garner, Community Development Director Susan Moyer, City Manager Assistant Pati Heath and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Leistiko moved to amend the Agenda by adding "Planning Board and Zoning Commission Appointment". The motion was seconded. There was no discussion. The amendment carried unanimously upon vote. Olson moved to approve the Agenda as amended. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting November 4, 2002 2. PoliceOfficer Confirmation Officer Mike Whitcher has successfully completed his one-year probationary period as a patrol officer for the Kalispell Police Department and Council confirmation is required. 3. Amend Numbering of Ordinance 1438 (Interim Zoning Regulations) Due to an error in the Clerk's office, ordinances for the interim zoning regulations and the Duelfer zone change are both numbered 1438. The interim zoning regulations ordinance should actually be numbered Ordinance 1439. 4. Proclamation - National Bible Week - November 24 to December 1, 2002 Olson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. Kalispell City Council Minutes November 18, 2002 Page 1 The motion carried unanimously upon vote. STUDENT ISSUES None HEAR THE PUBLIC Erika Wirtala, representing Mark Owens and Owl Corporation, asked the Council to approve the Glacier Village Greens Phase XII annexation, zoning and final plat. Ben Baker, Valley Victory Church, asked the Council to grant the Church's request for sewer service. Gerry Stahlberg, 2725 Farm to Market Road, asked the Council to approve his request for a reduction in City special assessments. RESOLUTION 4751 - ANNEXATION REQUEST - GLACIER VILLAGE GREENS PHASE XII Owl Corporation has requested annexation of Phase 12 of Glacier Village Greens located on the north side of Ritzman Lane between Palmer Drive and E. Nicklaus Drive. Leistiko moved Resolution 4751, 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 Glacier Village Greens Phase XII located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Glacier Village Greens Phase XII Addition No. 318; to zone said property in accordance with the Kalispell Interim Zoning Ordinance, and to declare an effective date. The motion was seconded. Kukulski gave a staff report. Hafferman commented this is finally an annexation that he can vote for because an extension of services plan is attached, the R-4 zoning matches the County R-5 designation, and the zoning conforms to the surrounding area. He said he would like to see department head statements included in the extension of services plan such as what the response time would be for the fire department. Peters agreed the zoning fits along the line with what is already there, however, as a matter of principal he won't be voting in favor of the annexation or the zoning. Peters said it was his understanding at the last meeting, as the minutes reflect, that the Council essentially placed a moratorium on zoning when Resolution 4750 failed (establishing criteria for the Kalispell Interim Zoning Ordinance). Kennedy clarified what appears in the minutes was stated stronger than what was actually intended. She doesn't believe that all of the Council members felt there was a moratorium being placed on all annexations and zoning. Kalispell City Council Minutes November 18, 2002 Page 2 Olson agreed, stating this item appears to be as "clean as it can be" and he will vote in favor of it. Kukulski said he understood the vote to be on substantive and non - substantive, not a moratorium. The motion carried upon roll call vote with Atkinson, Counsell, Hafferman, Kenyon, Leistiko, Olson and Mayor Kennedy voting in favor, and Peters voting against. ORDINANCE 1440 - INITIAL ZONING - GLACIER VILLAGE GREENS PHASE XII- 1ST READING Owl Corporation is requesting an initial zoning designation of R-4, Two Family Residential, upon annexation of the above mentioned property, which consists of a little more than half an acre and is currently zoned County R-5, Two Family Residential. Atkinson moved first reading of Ordinance 1440, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Interim Zoning Ordinance, (Ordinance No. 1439), by zoning certain real property described as Glacier Village Greens Phase XII 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. Atkinson asked if the verbiage "City -County Master Plan" has to be included in the ordinance. Harball said the law requires a master plan overlay before any zoning can be done. He said the City -County Master Plan is the only plan in place at this time. The motion carried upon roll call vote with Atkinson, Counsell, Hafferman, Kenyon, Leistiko, Olson and Mayor Kennedy voting in favor, and Peters voting against. FINAL PLAT - GLACIER VILLAGE GREENS PHASE XII This is a final plat for Glacier Village Greens Phase XII which is a minor subdivision that creates two parent tracts for two duplex townhouses for a total four sub lots. Leistiko moved final approval for Glacier Village Greens Phase XII. The motion was seconded. Wilson answered questions concerning "parent" tracts" and minimum lot sizes. Hafferman said he would like to see "parent tracts" clarified in the zoning regulations. Kalispell City Council Minutes November 18, 2002 Page 3 The motion carried unanimously upon roll call vote. Hafferman asked the following questions: 1. When will ownership of Village County Sewer District be transferred to City and when can City start collecting sewer hook-up fees? 2. Where does the City stand on the agreement that Village County Sewer District was to discharge sewage during off-peak flow hours when flows reached 145,000 gpd? 3. Who flushes the hydrants, Kalispell Fire Department or Evergreen Water district or Evergreen Volunteer Fire Department? 4. Are the current residents of Village Greens being charged $85/year for garbage collection while still paying a private hauler? Kukulski said he would look into the questions and provide Hafferman with a report. RESOLUTION 4752 - BOARD OF INVESTMENTS LOAN - $161 000 This resolution authorizes participation in the Board of Investments Loan Program for an 8 bay lean-to at the City Shop, a single axle dump truck with plow and sander, and a 3/4 ton pickup with plow. Kenyon moved Resolution 4752, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The motion was seconded. Kukulski gave a staff report. Hafferman commented the budget contains the full amount of these purchases and if the Council chooses to purchase these items with a "credit card", then the budget needs to be reduced by about $161,000. He said he's opposed to encumbering future councils, adding the City already has a credit card debt of fourteen plus million dollars which the taxpayers will be paying off until 2022. Robertson explained that due to governmental accounting requirements the budget identifies the full amount of the Board of Investments money on the revenue side, lists the full amount as being expended (checks will be written to vendors in the full amount), and then shows the debt service payment. Kalispell City Council Minutes November 18, 2002 Page 4 Kukulski said he thought it was clearly defined during budget meetings that these items would be purchased with a loan. Leistiko said until this council, or future councils, fund depreciation of equipment, the City has to work with a credit card. He said it was discussed during budget meetings whether money should be set aside for future purchases and members wouldn't do it. Hafferman said the City operated for many years without loans and with proper planning, you don't need to use a credit card. Atkinson said Leistiko and Hafferman are saying the same thing. Planning is important and proper planning means funding depreciation. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. RESOLUTION 4753 - BOARD OF INVESTMENTS LOAN - $49 000 This resolution authorizes participation in the Board of Investments Loan Program for an aerator for the Parks Department and a utility truck for Public Works. Kenyon moved Resolution 4753, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. GERRY STAHLBERG PETITION TO REDUCE CITY ASSESSMENTS Stahlberg is requesting a reduction in his City assessments because five of the seven acres he owns are encumbered by a Burlington Northern easement. Hafferman moved the Council authorize the City Manager to reduce Gerry Stahlberg's special assessments consistent with the square footage of land not encumbered by a Burlington Northern easement retroactive to 1999. The motion was seconded. Hafferman said he is familiar with Burlington Northern easements and he agrees a reduction should be made. He said when an easement is written by BN, you lose all the use of your property. Kalispell City Council Minutes November 18, 2002 Page 5 Kukulski clarified because the majority of this property is on the tax rolls as vacant, a two -acre cap kicks in. He said the action this evening deals with reimbursement, with no action needed to be taken in the future. The motion carried unanimously upon vote. CITY PLANNING BOARD AND ZONING COMMISSION APPOINTMENT Mayor Kennedy announced that Bonnie Spooner resigned her position on the City Planning Board and Zoning Commission. She recommended George Taylor be appointed as her replacement. Atkinson moved the Council accept the Mayor's recommendation and appoint George Taylor to City Planning Board and Zoning Commission to fulfill the term of Bonnie Spooner. The motion was seconded. Atkinson said he always has a hard time adding something to the agenda at the last minute, but because the Planning Board is working extremely hard to get a growth policy in place, he feels it's very important to get someone on the board as soon as possible. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Mayor Kennedy congratulated the Police Department on their quick work to solve the George Evans homicide. Mayor Kennedy extended sympathies to the Bob Babb family. She said Bob, who passed away November llth, was the Public Works Director for the City and retired in 1997, ending a forty year span as a civil engineer. Kukulski encouraged the Council review the capital vehicle and heavy equipment replacement list. ADJOURN The meeting was adjourned at 8:10 p.m. ATTEST: eresa White City Clerk Approved December 2, 2002 Kalispell City Council Minutes November 18, 2002 Page 6