06/21/04 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
JUNE 21, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL,
MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM
ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON,
DUANE LARSON, 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, Parks and Recreation Director
Mike Baker, Police Chief Frank Garner, 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.
A. AGENDA APPROVAL
Peters moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
Council Minutes — Regular Meeting — June 7, 2004
2. Ordinance 1499 — International Building Codes — 2nd Reading
In order for the City to maintain its certification, Council is required to adopt any
amendments to the building codes made by the State of Montana. Ordinance 1499 passed on
first reading May 17th. On June 7th, Ordinance 1499 was placed on the consent agenda but
was not passed by a roll call vote.
Ordinance 1500 — Zone Change Request — Tim Calaway/Richard and Judith
Mohrenweiser — 2nd Reading
This is a request for a change in zoning on several properties totaling approximately 3 acres
from R-3 to RA-3 for the purpose of constructing apartments located on the east side of
North Meridian Road, north of Underhill Court. Ordinance 1500 passed on first reading June
7th.
Larson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
None.
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E. PUBLIC HEARING — 2003-2004 BUDGET AMENDMENTS
Mayor Kennedy opened the public hearing.
Proponents
None.
Opponents
None.
Mayor Kennedy closed the public hearing.
F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
F/1. RESOLUTION 4899 — 2003-2004 BUDGET AMENDMENTS
Several amendments to the 2003-2004 budget are necessary prior to the end of the fiscal year.
Atkinson moved Resolution 4899, a resolution to amend the annual appropriations of the City
of Kalispell, Montana, as set forth in the 2003-2004 budget adopted by the City Council. The
motion was seconded.
Kukulski gave a staff report and answered questions
Hafferman asked for clarification as to budget amendment #2 and whether this money is from a
training grant. (Amendment #2 reads: "Increasing the appropriations and expenditures for the
Westside TIF District to record costs associated with the TeleTeeh project in the amount of
$329,927")
Kukulski said he believes this amendment completes the closing of the TeleTeeh deal and doesn't
have anything to do with a grant, however, he doesn't know specifically what it's for.
Hafferman moved to remove amendment #2 until a clarification can be provided. The motion
was seconded.
Kukulski stated after consulting with staff, the monies listed in #2 are related to the sales costs and
the premiums paid for the property transaction. He said the amount is contractually Streams'
obligation and is simply being passed through the City's accounting system.
The motion failed unanimously upon vote.
The main motion carried unanimously upon roll call vote.
F/2. ADOPTION OF 2004-2005 PRELIMINARY BUDGET AND CALL FOR PUBLIC
HEARING
At the last meeting of the fiscal year the Council needs to make a motion to adopt the preliminary
budget and call for a public hearing. A public hearing is scheduled for July 19th.
Kenyon moved to adopt the 2005 Preliminary Budget and call for a public hearing to be held
July 19th. The motion was seconded.
There was no discussion.
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The motion carried unanimously upon roll call vote.
F/3. RESOLUTION 4900 — SEWER REIMBURSEMENT
This resolution allows the City to finance expenses for engineering costs already expended in
connection with the sewer extension project on Highway 93 South.
Atkinson moved Resolution 4900, a resolution relating to financing of certain proposed
projects; establishing compliance with reimbursement bond regulations under the Internal
Revenue Code. The motion was seconded.
Kukulski gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
F/4. RESOLUTION 4901— ANNEXATION — HIGHWAY 93 SOUTH
This is a request by the Montana Department of Transportation for the annexation of the Highway 93
South right-of-way from the current City limits to Four Corners.
Kenyon moved Resolution 4901, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein, as an annexation, the real property described in
Exhibit "A", to be known as U.S. 93 South Addition No. 347; and to declare an effective date.
The motion was seconded.
Kukulski gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
F/5. RESOLUTION 4902 — ANNEXATION — NIPO LLC
NIPO, LLC is requesting annexation of approximately 9.33 acres of property located between
Highway 93 South and Willow Glen Drive, north of Lower Valley Road.
Kenyon moved Resolution 4902, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property, as more
particularly described on Exhibit "A", located in Section 29, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana, to be known as Four Corners Addition No. 321; to
zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an
effective date. The motion was seconded.
Kukulski explained this annexation came before the Council several months ago, and was postponed
at the request of the applicant until utilities were in place. He said a Toyota dealership is planned for
this site and is the first piece of property in what he hopes are many pieces of property in that area to
be redeveloped now that utilities are available.
Hafferman said he was outvoted in his efforts to delete ratepayer's money from the cost of running
utilities to Four Corners, but now that it's there he'd like to see a payback as soon as possible. He
added, however, the City is once again putting the cart before the horse because this area is outside
the one and a half mile distance that affects our ISO rating and will hinder the Fire Department in
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June 21, 2004
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response time. Hafferman asked that this annexation be tabled for one month to give the Council
time to plan how the City is going to start funding a fire annex south.
Hafferman moved this annexation be tabled until July 19, 2004, at which time this annexation
resolution shall come forth together with a resolution on funding a fire station annex south.
There was no second.
Atkinson said he appreciates Hafferman's desire to create a plan because the City desperately needs
one, however, he didn't second the motion because he doesn't feel the Council should hinder
development that could increase the City's tax base.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against.
F/6. ORDINANCE 1501 — INITIAL ZONING — NIPO LLC —1ST READING
NIPO, LLC is requesting a zoning designation of B-2, General Business, for the property listed
above. The property is currently zoned County B-2, General Business.
Larson moved first reading of Ordinance 1501, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property described as Four Corners Addition No. 321 and further described on
Exhibit "A" located in Section 29, 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 Kalispell Growth Policy 2020, and to provide an effective
date.
Hafferman stated he doesn't have any problem with the zoning designation but reiterated the City
"shouldn't be messing around down there until we have some planning".
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against.
F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
Atkinson commented he's the Director of the Agency on Aging and thanked the voters for passing
the levy for Eagle Transit.
Kukulski thanked the voters for passing the ambulance levy.
G. ADJOURN
The meeting was adjourned at 7:40 p.m. j r
Pame a B. e dy _
ATTEST: Mayor
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Theresa White
City Clerk
Approved July 6, 2004
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