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1. Council Minutes - Regular Meeting October 16, 2000A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 16, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda with Register being added to the Consent Agenda. by Scarff. There was no discussion. The motion carried unanimously upon vote. the Claims per Payables The motion was seconded CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting October 2, 2000 2. Approval of Claims per Payables Register-$422,587.32 3. Proclamation - Red Ribbon Week Scarff moved approval of the Consent Agenda. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Haarr recognized the accomplishments of Chet Mahugh, who passed away last week. Haarr stated Mahugh was a City Father who was known for his leadership abilities. He said Mahugh was a member of the Rotary Club for about thirty years and was instrumental in starting the Rotary Basketball Program. Haarr stated Mahugh not only served in World War II, but also served the community of Kalispell for many years and asked that the record reflect his passing. Kalispell City Council Minutes October 16, 2000 Mayre Flowers, Citizens for a Better Flathead, passed out a report entitled "Striking the Roots of Sprawl". She said the report summarizes a year's worth of research and asks some tough questions like how much is growth going to cost and who's going to pay for that growth. PUBLIC HEARING - WATER & SEWER RATES The City is proposing water and sewer rate increases to cover the basic costs of providing utility services at their current levels. The last time water and sewer rates were increased was in 1991. Boharski opened the public hearing. Opponents Fred Hammel, 505 7th Avenue West, thanked Boharski, Haarr and Scarff for always voting against tax increases and stated the government always seems to get more and more while the people get less and less. Proponents None RESOLUTION 4588 - RESOLUTION ADOPTING FEES FOR WATER UTILITY Van Natta moved Resolution 4588, 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 by Larson. There was discussion. Kukulski explained the increase amounts to about ten percent and includes a meter replacement program. Haarr stated the water department is not operating at a break-even point and it's necessary to periodically make rate adjustments. He added, however, the City needs to keep up with rate adjustments instead of waiting so long that a big increase is needed at one time. Boharski said he would like to postpone the increase, even though he's sure it will pass. He added, however, that once the increase is put into place and the numbers start coming in, he hopes if there is a surplus, the City doesn't spend it just because it has it. Kalispell City Council Minutes October 16, 2000 Page 2 of 9 The motion carried upon roll call vote with Scarff and Boharski voting against. RESOLUTION 4589 - RESOLUTION ADOPTING FEES FOR SEWER UTILITY Atkinson moved Resolution 4589, 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 by Leistiko. There was discussion. Haarr said he can see the need for the water increase, but he finds exception with the sewer increase. He commented that according to figures provided by Finance Director Amy Robertson, the sewer fund is running at a profit and it's too early to adopt an increase. Robertson answered the statistics don't include the bond payments for the sewer plant and the City needs to meet the bond requirements. Haarr said it's still a significant increase and once passed, it will never be reduced. He encouraged the Council to postpone the increase for one year. The motion carried upon roll call vote with Haarr, Scarff and Boharski voting against. RESOLUTION 4590 - GLACIER VILLAGE GREENS ANNEXATION A Resolution of Intention to annex Glacier Village Greens was passed by Council on September 5th. The annexation involves approximately 110 acres of primarily residential property located northeast of Kalispell off Whitefish Stage and West Evergreen Drive. Boharski explained in order to avoid an unnecessary legal battle, the City has agreed to delay the annexation effective date until November 1, 2001. Scarff moved Resolution 4590, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property to be known as Glacier Village Greens Addition No. 299, and declaring an effective date. The motion was seconded by Van Natta. Kalispell City Council Minutes October 16, 2000 Page 3 of 9 There was discussion. Larson commented it's apparent a compromise has been reached with the residents of Glacier Village Greens by the lack of faces in the audience, but he said there's still a question concerning the 250 protests filed. He asked how the protests relate to the agreement. Kukulski explained the Glacier Village Greens Homeowners Association, through its attorney William Astle, has stated it will not financially support legal action on two conditions: 1) the annexation doesn't become effective until November, 2001 and; 2) the City takes over the maintenance of the streets at that time. He added, however, this doesn't prevent legal action from private persons. Boharski asked for public comments. John Pratt, 186 W. Nicklaus, stated the Council has no findings in the record that this annexation would benefit the City and the residents of Village Greens. He said he finds it troublesome that "this Board has the audacity to extend their jurisdiction over people who do not want to be governed by the City of Kalispell." He likened this annexation procedure to Milosevic tactics and stated he will personally sue if he has to. Bill Goodman, 50 2nd Street East, spoke in favor of the annexation, and annexation in general, stating everyone who receives City services should be carrying their own weight. George Schulze, 1377 Whitefish Stage, questioned the City Attorney as to what section of the law the City is referring to for this annexation. Neier answered the City is annexing the area under Part 43, Title 7, Chapter 2, M.C.A, which is annexation of contiguous lands. Mayre Flowers, CFBF, commended the Council and Staff for the information provided to the community, but encouraged staff to provide even more information to enable everyone to process the pros and cons of annexation and future growth. Council discussion continued. Kalispell City Council Minutes October 16, 2000 Page 4 of 9 Boharski stated this area should have been annexed twenty years ago and he feels postponing the annexation for one year is a good compromise. Van Natta commented the developers recognized the benefit of City sewer service in 1982, and the subdivision wouldn't have the density it has today without it. Haarr said this isn't the agreement that was negotiated when the subdivision was proposed. He agreed the sewer service is a benefit, but in order to get it, the developers were forced to sign waivers that when the development reached eighty percent, then the subdivision would be annexed. Haarr said it' s still his opinion the eighty percent covers the entire development, and not each phase. Atkinson stated the wastewater treatment plant was built for the future of the City. He said the Council has voted in the past to sell some of the capacity to outlying areas, and as a result, the City is now looking at expansion costs. Atkinson said it's time these areas are annexed with everyone paying their fair share. Haarr said if the agreement doesn't go into effect until November, 2001, then the residents of Village Greens will not be able to vote in the 2001 election. He said that amounts to taxation without representation. Haarr moved to amend the annexation effective date to October 1, 2001. The motion died for lack of a second. The main motion carried upon roll call vote with Haarr voting against. ORDINANCE 1365 - INITIAL ZONING OF MDOT ANNEXATION - 2ND READING This is the second reading of Ordinance 1365 assigning a P-1, Public, zoning designation for the Highway 93 corridor between the Kalispell Athletic Complex and Pack & Company. Larson moved second reading of Ordinance 1365, 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 in Exhibit -A" (previously zoned County R-1, Kalispell City Council Minutes October 16, 2000 Page 5 of 9 Suburban Residential) to City P-1 (Public), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Counsell. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1366 - INITIAL ZONING OF PARK BOTTLING CO. ANNEXATION - 2ND READING This is the second reading of Ordinance 1366 assigning an I-1, Light Industrial, zoning designation to the Park Bottling Company property located on the south side of Kelly Road and east of Highway 93. Leistiko moved second reading of Ordinance 1366, 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 in Exhibit `°A" (previously zoned County B-2, General Business and County I-1, Light Industrial) to City I-1, Light Industrial, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1367 - INITIAL ZONING OF STR.ATFORD VILLAGE - 2ND READING This is the second reading of Ordinance 1367 assigning an R-4, Two Family Residential, zoning designation for Stratford Village Subdivision proposed for southwest Kalispell. Scarff moved second reading of Ordinance 1367, an ordinance to amend Section 17.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described in Exhibit "A" (previously zoned County SAG-10, Suburban Agricultural) to City R-4 (Two Family Residential) and RA - I, (Low Density Residential Apartment), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes October 16, 2000 Page 6 of 9 ORDINANCE 1368 - ZONING TEXT AMENDMENT - EXPANSION OF NONCONFORMING USES - 2ND READING This is the second reading of Ordinance 1368 amending the Kalispell Zoning Ordinance to allow for expansions to nonconforming uses up to a maximum of 50 percent subject to a nonconforming use permit. Counsell moved second reading of Ordinance 1368, an ordinance amending Sections 27.25.020 and 27.25.030 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the nonconforming lots, uses and structures regulation to allow for minor expansions to a nonconforming use, and declaring an effective date. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon roll call vote. ARCHITECTURAL REVIEW BOARD APPOINTMENT Three letters of interest were received for a vacancy on the Architectural Review Board. Sharon Jackola, John Peterson and Wayne Powell have requested the appointment. Boharski recommended the Council appoint Sharon Jackola to the Architectural Review Board. Counsell moved the Council approve the Mayor's recommendation to appoint Sharon Jackola to the Architectural Review Board. The motion was seconded by Haarr. There was no discussion. The motion failed on a tied roll call vote with Counsell, Haarr, Scarff and Van Natta voting in favor, and Atkinson, Kenyon, Larson and Leistiko voting against. Boharski stated he had no other recommendation at this time. Atkinson moved the Council appoint John Peterson to the Board. Atkinson was ruled out of order. Neier explained only the Mayor can make a recommendation for a board appointment. Kalispell City Council Minutes October 16, 2000 Page 7 of 9 CONDITIONAL USE PERMIT - WAYNE AND SUZANNE ELLIOTT The Elliott's are applying for a conditional use permit to open a day care center at 1818 Airport Road. Scarff moved the Council approve the Conditional Use Permit with four conditions. The motion was seconded by Larson. There was discussion. Suzanne Elliott informed Council members that the day care, if the conditional use permit is approved, has been licensed for 31 children who will range from infant to eight years old. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORT Kukulski said he hopes to meet with Council members and staff in the near future to discuss upcoming legislative issues that were presented at the Montana League of Cities and Towns convention last week. Kukulski informed members that Cavanaughs has made its first payment of $10,138.72 to the City of Kalispell in lieu of developing the property west of the mall. Kukulski said the Council budgeted funds for capital improvements to the Hockaday, but the Council has never discussed the individual improvements. He said purchase orders have been presented for roof repairs, plumbing repairs, etc., and he would like a consensus from the Council before moving forward. Van Natta said he approves of the improvements, but would like to see a list of the projects planned for the year. Kukulski said he would make sure the Council receives a list. Council agreed to move ahead with the repairs. Kalispell City Council Minutes October 16, 2000 Page 8 of 9 Kukulski announced that the grand opening for the new Smith's store is scheduled for this Wednesday starting at 8:00 a.m. Leistiko invited Council members to join the Airport Advisory Board on Wednesday afternoon to take a tour of the airport and see first hand the problems with security. ADJOURN The meeting was adjourned at 9:05 p.m. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor Kalispell City Council Minutes October 16, 2000 Page 9 of 9