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1. Council Minutes - Regular Meeting September 5, 2000A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7t00 P.M. TUESDAY, SEPTEMBER 5, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS DON COUNSELL, DALE HAARR, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBERS JIM ATKINSON AND RANDY KENYON WERE ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda with the addition of a claim in - amount of $147,794.00 as payment motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting August 7, 2000 Council Minutes - Regular Meeting August 21, 2000 2. Approval of Claims per Payables Register-$490,472.55 3. Reject Bid - Surplus Log Building at Lion's Park One bid in the amount of $500.00 was received from Gib Bissell, Aero Inn, for the log building at Lion's Park. Staff recommended the bid be rejected and the City retain ownership of the structure. 4. Award Bid - 2000 Epoxy Paint Striping Project Three bids were received from Mark Rite Lines, Arrow Striping and Highway Specialties. Staff recommended the low bid of $41,099.00 be awarded to Mark Rite Lines of Billings. Scarff moved approval of the Consent Agenda. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes September 5, 2000 HEAR THE PUBLIC Shelley Laing, 1045 5th Avenue East, submitted a letter to the Council asking the City to erect 4-way stop signs at the intersection of 1st Avenue East and llth Street East. ORDINANCE 1359 - 2ND READING - UNIFORM FIRE CODE The City is presently using the 1991 edition of the Uniform Fire Code and needs to adopt the 1997 edition. Larson moved second reading of • 1359, an ordinance to adopt, by reference, the Uniform Fire Code and the Appendices, 1997 Edition (UFC), and the Uniform Fire Code Standards, 1997 Edition (UFC Standards), with the additions, amendments, and deletions enumerated by the Fire Prevention and Investigation Program (FPIP) in ARM 23.7.301 through 23.7.310, as the Fire Codes of the City of Kalispell, and applicable within the corporate boundaries of the City, to provide a penalty for the violation of any lawful order issued pursuant thereto, and establishing an effective date. The motion was seconded by Counsell. There was no discussion. The motion carried unanimously upon roll call vote® ORDINANCE 1360 - 2ND READING - MUNICIPAL INFRACTIONS This ordinance authorizes the classification of certain City offenses and municipal infractions. Van Natta moved second reading of ordinance 1360, an ordinance authorizing the classification of City offenses as municipal infractions, prescribing enforcement procedures and penalties, allowing for appeals, and establishing an effective date. The motion was seconded by Leistiko. There was no discussion. The motion carried upon roll call vote with Boharski voting against. ORDINANCE 1361 - 2ND READING - PENALTY FOR MUNICIPAL INFRACTIONS This ordinance excludes municipal infractions from the general penalty provision. Kalispell City Council Minutes September 5, 2000 Page 2 of 10 Leistiko moved second reading of Ordinance 1361, an ordinance amending ordinance No. 834 § 1 (§ 1-9, Kalispell City Code) by excepting municipal infractions from the general penalty provision and establishing an effective date. The motion was seconded by Counsell. There was discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1362 - 2ND READING - TRAVEL POLICY This ordinance repeals the travel policy in the Kalispell City Codes because it's covered in the recently approved Personnel Policy Handbook. Scarff moved second reading of Ordinance 1362, an ordinan amending Chapter 2, Administration, Kalispell Municipal Code amending Ordinance 1166, repealing § 2-43 (Travel Policy) zuthorizing the City Attorney to recodify § 2-44 in accordance wi this ordinance and declaring an effective date. The motion w seconded by Larson. I There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1363 - 2ND READING - FIRE PROTECTION ASSOCIATION STANDARD NFPA 99C, GAS AND VACUUM SYSTEMS This ordinance allows the City to inspect medical gas and vacuum systems. Larson moved second reading of ordinance 1363, an ordinance to adopt, by reference, the National Fire Protection Association Standard NFPA 99C, Gas and Vacuum Systems 1999 Edition, and applicable to the jurisdictional area thereof; adopted and approved by the Building Codes Division, Department of Commerce, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded by Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes September 5, 2000 Page 3 of 10 RESOLUTION 4581 - RESOLUTION OF INTENTION TO ANNEX THE GLACIER VILLAGE GREENS AREA This is the first step in the process to annex the Glacier Village Greens area northeast of Kalispell off Whitefish Stage Road and West Evergreen Drive. Kukulski explained in 1982, the City entered into a Sewer District Connection .Agreement with the North Village Sewer District which stated, "The District by this agreement waives the right to protest annexation to the City of Kalispell, on all or any part of the District, provided, however, that the City shall not initiate annexation procedures under Section 7-2-4312 until development within the portion to be annexed reaches 80% of the approved planned development of the area to be annexed". Kukulski said right now the City is looking at annexing approximately 259 of the 276 developed lots in Glacier Village Greens. He said the golf course cannot be annexed at this time because there has never been a certificate of survey filed. Kukulski further explained that since the golf course can't be annexed, Phase VII is no longer contiguous and has also been dropped from the annexation list. Larson moved Resolution 4581, a resolution of intention to annex territory into the City of Kalispell, under the provisions of Title 7, Chapter 2, Part 43, M.C.A. (Annexation of Contiguous Land), comprising platted tracts of land and unplatted land that has been surveyed for which a certificate of survey has been filed, more particularly described in Exhibit "A", to be designated as Glacier Village Greens Addition No. 295, and directing the City Clerk to provide notice of this resolution as provided by law. The motion was seconded by Van Natta. There was discussion. Leistiko commented he feels this annexation is a "clean-up" process for the City. He said the agreement signed in 1982 obligated the property owners to future annexation and the City shouldn't delay the action any longer. Haarr said he was involved in the agreement in 1982 and he has no doubt the 80% requirement refers to the entire development, not each phase. He said he doesn't understand what the rush is to annex this area because if the City proceeds now, it's going to raise everyone's taxes in order to provide services. Haarr said the Kalispell City Council Minutes September 5, 2000 Page 4 of 10 solution is to wait until the entire development is 80% complete and the tax base will be enough to pay for the costs. He asked the Council to reconsider the annexation, adding the good faith agreement made in 1982 is not being followed, and questioned the motive of why the City has decided to annex this area at this time, without the property owners requesting it. Public Comment Tom Reese, President of Village Greens Homeowners Association, said he has several questions, such as what does 80% of the development really mean and what does contiguous mean? He also asked what the City is offering in return for annexation and wondered if this can be made into a win -win situation for both parties. Lois Lyford, Vice President of Village Greens Homeowners Association, said she feels the 8006 development requirement applied to the entire subdivision. Jim Conley, 231 W. Nicklaus, commented he feels the City is not being ethical with the annexation and just wants a larger tax base. Don Milam, 101 Palmer Drive, stated he feels Village Greens is being picked on and asked the Council why Hillcrest hasn't been annexed. Rob Bitney, 339 Hilltop, said he feels it will be at least ten years before Village Greens reaches 80% completion capacity of the entire development. He also argued that he doesn't feel Village Greens is contiguous to the City and therefore can't be annexed. Bill Miles, 1311 7th Street West, said he doesn't have anything to do with Village Greens, but gave the residents his sympathy. Council discussion continued. Counsell asked Neier to state his opinion as to the 80% development requirement. Neier explained in his opinion, the 80% development applies to the Phases, not the entire development, which is based on an interpretation given in 1991 when the City annexed Fairway Boulevard. Kalispell City Council Minutes September 5, 2000 Page 5 of 10 Kukulski agreed, stating he would like to see the City avoid this type of annexation in the future by annexing at the time of Final Plat instead of waiting until most of the phases are completed. In answering Haarr's comment as to why the City is taking steps to annex this area, Kukulski stated Council gave "clear direction" at a recent goal setting session to move ahead with annexing properties surrounding the City. Van Natta stated he attended the goal setting session and agreed that annexation was listed as the second highest priority. He commented the City needs to move ahead with the annexation because a contract is a contract and a "good old boy" agreement wasn't included. Counsell agreed, stating the development has benefitted for eighteen years from the sewer arrangement and it's the duty of the City to execute the agreement. Larson commented if somewhere during the annexation process the Village Greens residents mount a challenge, then maybe the City should stop, but if the City doesn't enforce the contract, then it might as well stop extending services. Haarr said there's still no question in his mind that the 80% means the total development and feels this type of action erodes the confidence people have in their government. Boharski commented this is a tough decision but he's going to vote in favor of the resolution of intention. He said he still has several questions concerning the financial effects and how the annexation will impact the Evergreen fire district, but he feels the City needs to move forward. Boharski added, however, that if in the next couple of months it's determined that it's not in the best interest to annex Village Greens, then "it won't be done". The motion carried upon roll call vote with Haarr voting against. RESOLUTION 4582 - PERSONNEL POLICIES HANDBOOK AMENDMENT In 1999, the Personnel Specialist and the Surveyor were classified as "exempt" employees. Since then, the City Attorney has determined the positions should be classified as "non-exempt" and is asking the Council to approve the change. Scarff moved Resolution 4582, a resolution amending Section 20-5, Personnel Policies Handbook, by eliminating the Personnel Specialist and Surveyor from the class of employees designated as Kalispell City Council Minutes September 5, 2000 Page 6 of 10 exempt under the Fair Labor Standards Act. The motion was secondef rty Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. CONDITIONAL USE PERMIT - ASSEMBLY OF GOD CHURCH Assembly of God Church is requesting a conditional use permit to allow a 35,000 square foot expansion onto their existing building. Larson moved approval of the conditional use permit for the Assembly of God Church with five conditions. The motion was seconded by Leistiko. There was discussion. Narda Wilson, FRDO, explained the primary issue is the future extension of Parkway Drive. She said planning staff recommended that the right-of-way for the street expansion be dedicated to the City. She said staff did not recommend that the church be required to construct the road, but rather to seek some agreement as to when and how it would be constructed in the future. Wilson added, however, that the Planning Board discussed the proposal and voted not to require a right-of-way agreement. She said she doesn't want to argue against the Planning Board's recommendation, but if Council agrees that dedicating the road is not in order, maybe a compromise could be reached by requiring an easement. Counsell excused himself from the Council stating he is the architect that is handling the expansion and is planning on speaking as a member of the public. Counsell took a seat in the audience. Van Natta said maybe the connection from Sherry Lane to North Haven is a more logical proposal. He said held like to see an analysis that indicates which would be the best way to keep the traffic flowing. Jim Hansz, Public Works Director, said the recommendation from the planning staff for the future extension of Parkway Drive was an effort to provide a solution to the traffic flow. Kalispell City Council Minutes September 5, 2000 Page 7 of 10 Kukulski commented right now there is only one lighted intersection from Northridge, and the ideal situation would be to create a second one. Larson referred to a memo from Neier which stated an opinion that it would be unreasonable to place a right-of-way requirement on the conditional use permit. Hansz answered that's why staff is now recommending that an easement be required instead of a right-of-way declaration. Larson suggested that if needed, the easement be addressed in the future. Hansz said that would be fine, but what do you do if construction is proposed where the road would be. Larson said in that case, you don't allow the construction until an easement is provided. Public Comment Donald Counsell, architect for the project, said the church has already established an exit to the north which connects to Four Mile Drive and the light on Highway 93. He said since the church has already solved the exiting problem for church members, it's the feeling that a cross connection from Parkway is not the church's duty and an undue burden. John Schwarz, Schwarz Engineering, commented he doesn't feel you should create a transportation network by short circuiting additional traffic through residential neighborhoods. He said in his opinion, Parkway Drive is not the appropriate way to move traffic through the neighborhood. Schwarz agreed with Counsell that the church is already providing adequate traffic flow for its members. He said any traffic heading north is provided an access to the light on Four Mile Drive and traffic heading south and east can use Summit Ridge to make a right turn on Highway 93 with the west moving traffic identified as neighborhood traffic. Linda Smith, 627 Parkway Drive, submitted a letter to the Council and said she's in favor of the church expansion, but not in favor of extending Parkway. She said her property backs up to the Kalispell City Council Minutes September 5, 2000 Page 8 of 10 church's parking lot and she has never been blocked in once since the church was built. Jean Johnson, Planning Board Chairman, said the issue is the conditional use permit and, as presented to the Planning Board, the impact to the infrastructure is a "minus". He said the same number of people will be attending the church whether the expansion is allowed or not, and the road has no bearing on that expansion. Fred Waters, 110 2nd Avenue East, submitted a letter to the Council and said the cooperation between the neighborhood and the church has been an excellent one and he hope's it will continue. John Gregg, Christian Center Senior Pastor, said the church has always been very sensitive to the needs of the neighbors and the expansion is being proposed for use by not only the church, but also the community. Doug Hautz, 318 Harrison Boulevard, said he attended the Planning Board meeting and no one spoke in opposition to striking the right- of-way condition for Parkway Drive. Scarff asked if the right-of-way conditions are included in the motion. Boharski said no, the conditions came directly from the Planning Board and the right-of-way requirement was removed. The motion carried unanimously upon vote. INTERLOCAL AGREEMENT - CITY AND SCHOOL DISTRICT 5 This agreement formalizes funding responsibilities between the School District and the Police Department for security at school events. Scarff moved approval of the Interlocal Agreement between the City and School District 5. The motion was seconded by Van Natta. There was discussion. Boharski asked if the twenty eight dollar per hour payment for each officer is enough to cover the cost of covering school events. Kalispell City Council Minutes September 5, 2000 Page 9 of 10 Police Chief Frank Garner answered the amount will cover all the costs involved with the officers including overtime and retirement. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITYMANAGER'S REPORT Kukulski informed the Council that a work session is scheduled for September llth on the ISO study and City Hall space needs. Kukulski also told members that he will be out of the town the week of September 18th and will not be attending the meeting Monday evening. ADJOURN The meeting was adjourned at 9:40 p.m. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor Kalispell City Council Minutes September 5, 2000 Page 10 of 10