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1. Council Minutes - Regular Meeting March 3, 2003A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 3, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT 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 A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Assistant Finance Director Carol Kostman, Public Works Director Jim Hansz, Police Chief Frank Garner, Fire Chief Randy Brodehl, Tri-City Director Tom Jentz, Personnel Specialist Marti Hensley, Administrative Coordinator Pati Heath and Building Official Craig Kerzman. 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 - Regular Meeting February 18, 2003 Kenyon moved approval of the Consent Agenda. The motion was seconded. Hafferman asked that a written statement he made and presented at the February 18 meeting be attached to the minutes as indicated. White agreed to make sure they're attached. The motion carried unanimously upon vote. STUDENT ISSUES None HEAR THE PUBLIC Gary Collier, 161 Willow Glen Drive, spoke on behalf of Subway and asked the Council to review its sign ordinance and change the way square footage is calculated. Bob Herron, 781 1 st Avenue EN, read a letter asking the Council to address "a serious problem that is undermining free elections with illegal voting." (Letter is attached and by this reference is made a part of the official record) ORDINANCE 1444 — ADOPTION OF INTERNATIONAL BUILDING AND RESIDENTIAL CODES 2000 - 2ND READING The State Building Codes Bureau recently adopted the IBC 2000 and the IRC 2000 and is requiring Kalispell City Council Minutes March 3, 2003 Page 1 all local governments to adopt the same codes in order to maintain their certification with the State. Ordinance 1444 passed on first reading January 21. Counsell moved second reading of Ordinance 1444, an ordinance to amend Ordinance No. 1416, adopting, by reference, the "International Building Code", 2000 Edition, and the "International Residential Code", 2000 Edition, as the building codes of the City of Kalispell and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, 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. Larson asked if there is a companion code in the International Fire Codes. Kerzman answered the State is still using the Uniform Fire Code so there will be disconnect between the International Codes and Uniform Codes. The motion carried unanimously upon roll call vote with all members present. ORDINANCE 1446 — WARD BOUNDARIES ADJUSTMENT —1ST READING Every ten years following the federal census cities are required to examine voter wards to determine whether they are fairly proportioned. The Tri-City Planning Office has examined the Census 2000 block data and Ordinance 1446 adjusts the ward boundaries to be consistent within two percent Kenyon moved first reading of Ordinance 1446, an ordinance amending Section 6-1 of the Kalispell City Codes (Ordinance No.1341) by re-establishing the boundaries of the wards of the City. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. RESOLUTION 4775 — ANNEXATION REQUEST — NIPO. LLC NIPO, LLC is requesting annexation of approximately 9.33 acres of undeveloped property located between Highway 93 South and Willow Glen Drive north of Lower Valley Road. Kenyon moved Resolution 4775, 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 Interim Zoning Ordinance, and to declare an effective date. The motion was seconded. Kukulski gave a staff report stating this is vacant land that is not contiguous to the City. He asked the Council to compare this property to that of the Willows, which was annexed in its raw state and also not contiguous to the City. In addition, when the US Highway 93 South project is done, the urban standard will begin at Four Corners with sidewalks, curbs and gutters. Hafferman read a written statement outlining why this annexation should not be before the Council. (Statement is attached and by this reference is made a part of the official record) Kalispell City Council Minutes March 3, 2003 Page 2 Counsell stated he's also concerned about the ISO rating if we continue to annex property further and further south. He said the property is not contiguous and it would be a mistake to annex this property at this time. Kenyon asked Garner and Brodehl to respond. Brodehl commented the ISO rating is only impacted by structures outside the mile and a half response area. He said bare ground would have no effect. Garner stated the annexation would require very little enforcement now, but would require more in the future when the property is developed. Olson said the Council may be acting too quickly if it approves this annexation, asking what if the highway project isn't built for many years. Hansz answered the contract is expected to be let in December, 2003 with construction to begin the spring of 2004. Larson said his biggest concern is the ISO rating. He said the City has constantly been trying to reduce the rating, yet a lot of times it does things contrary to that. In addition, he's still not convinced that the Council has agreed to extend utilities to Four Corners. Kukulski emphasized a resolution has been passed committing the City to extending those utilities. Jentz stressed that when someone asks to be annexed, it's usually for a very specific reason. He said it's not easy to annex a piece of property, adding it would be easier to install a septic system and well. Jentz said the developer would like to be annexed, whereas many others have opted to stay out. Leistiko commented he's sure the developer is aware that if the property is developed before the highway project is complete it's going to cost a sizable amount of money to run sewer and water to his land. He said he's not concerned about the vacant land, but he is concerned with the ISO rating and if it's not necessary to annex this property at this time, then the City shouldn't be doing it. Hafferman reminded the Council that the requirement that a developer is responsible for infrastructure has been on the books since 1982. He said he wasn't on the Council when the commitment was made to extend utilities, but if he had been, he would have emphasized it's in violation of the City's existing rules and regulations. Atkinson said it's a Catch 22, the City wants to annex undeveloped properties, but it also has a policy not to annex land that's not contiguous. He said he agrees with Hafferman that the Council should have looked at other options to extend sewer and water to that area, however, a resolution has been passed and promises made. Atkinson said even though he voted in favor of the request at the Planning Board level, he didn't see any compelling reason for the annexation and the City should follow its policies and pass on the annexation at this time. Olson moved to table Resolution 4775 for sixty days. The motion was seconded. The motion carried upon roll call vote with Atkinson, Kenyon, Leistiko, Olson and Mayor Kennedy voting in favor, and Counsell, Hafferman, Larson and Peters voting against. Kalispell City Council Minutes March 3, 2003 Page 3 ORDINANCE 1447 — INITIAL ZONING — NIPO, LLC — IST READING NIPO, LLC is requesting a zoning designation of B-2, General Business, for the property listed above. It is currently zoned County B-2. Olson moved to table Ordinance 1447 for sixty days. The motion was seconded. The motion carried upon with Hafferman voting against. SCHOOL DISTRICT 5 INTERLOCAL AGREEMENT — RAWSON FIELD School District 5 has requested that the City Council approve a five-year agreement to allow off- street parking on City property adjacent to Rawson Field. Larson moved the Mayor be authorized to execute the Interlocal Agreement on behalf of the Kalispell City Council with School District 5 concerning parking at Rawson Field. The motion was seconded. Kukulski gave a staff report. Atkinson asked if it's understood that any improvements made to the property by the School District becomes the property of the City once the agreement has ended. Kukulski answered that's correct. Atkinson commented the City has requirements relative to parking lots, specifically that they be paved. He asked if this area will be paved. Kukulski said that has been discussed and the bottom line is that school districts don't necessarily have to follow city ordinances, and in this case it's beneficial to both parties not to have it paved. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Hafferman asked that both issues presented by the public this evening, the residency requirements for elections and the sign ordinance, be placed on a work session for discussion. Mayor Kennedy noted another issue for a work session is the NIPO annexation. ADJOURN The meeting was adjourned at 7:57 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes March 3, 2003 Page 4 ANNEXATION- Four corners area The memo from the Tri-cities planning office states "This property is currently undeveloped and would be the intent of the property owner not to develop the site until such time as the utilities would be available." This annexation and zoning proposal should not be before the City Council today for the following reasons: 1. Like the Wolford development, it creates an island that the city must immediately provide services. In this case, vacant properties are great assembly points for young people with time on their hands and also places for people of all ages to park sometimes with illegal activity in mind. Therefore, some police protection will be necessary, albeit minor. 2. Fire protection is of major concern for several reason: A. It is beyond the 1.5 mile radius from our fire station. Before we begin any more annexations south of this 1.5 mile radius, this council needs to determine when and how we are going to provide city fire protection to the annexed area. We need planning before we need annexation. B. South Kalispell Volunteer Fire Department has a fire station about 1000' to the north that provides all the fire protection needed. If we annex this property it will reduce the tax base of the VFD. South Kalispell VFD loses and the city's ISO rating is jeopardized and that affects every resident in Kalispell in the pocket book for insurance rates. This council should INSIST that a mutual aid agreement be worked out with the VFDs surrounding the city before any more annexations occur. 3. Unlike the Wolford development where that developer intended immediate development and to install all infrastructure, this owner is apparently under the impression that the city ratepayers are going to pay to install the necessary water and sewer mains to serve the property. There IS an item in the current budget for $2, 491,690, probably intended to be financed with a credit card purchase, for the city rate payers to put in water and sewer mains to Four Corners. I voted against our current budget, this item being one of the reasons. DEVELOPERS install water and sewer lines to new areas, not ratepayers. I can assure this council that if this doondoggle rears its ugly head that I will use every means at my disposal to inform the citizens of Kalispell what is going on. I am determined that this item will not be another Streetscape project. 4. Page 21 of our existing infrastructure extension plan requires the developer to not only extend the water and sewer mains from their existing location, but requires the developer to extend them to the furthest boundary. Developers should be made aware of this requirement and the city council should adhere to its adopted regulations, and 5. The Extension of Services Plan submitted with is application was inadequate and in error. The revenue received from the city assessments was addressed, which leads me to believe that the only purpose of this proposal was to increase the tax base. It was totally inadequate to assess the obligations. Bob Hafferman Remarks to the Kalispell City Council Monday, March 3, 2003 From Kalispell City Resident Robert H Herron (aka) Bob Herron 781 1st Ave E N Kalispell, Montana 59901 Good Evening, Mayor, Council My name is Bob Herron, I live at 781 1st Ave E N, ward 2, in the city of Kalispell. Tonight you will adopt ordinance 1446 adjusting ward boundaries, this ordinance will assure the registered voters of the City of Kalispell that each ward is fairly proportioned. Our American system of free elections is certainly one of the greatest virtues of our democracy. There are basic principles of decency, honesty, and fair play that all of us, both citizens of this city and public office holders of this city, have a moral obligation to observe and uphold. Last year, you as a council, adopted a vision for this city, a mission statement for this city, and a set of core values for this city. Your first two core values are Individual Responsibility and Honesty. I am here tonight to request of you that at your next one or two work sessions you address a very, very serious problem that is corrupting and undermining our system of free elections right here in our fair city of Kalsipell. There is illegal voting taking place in the city of Kalispell. Until you as a council live up to your core values and address this problem, the city of Kalispell will be tainted as a corrupt city. page 2 Tonight I bring you four specific cases of people registered to vote in the city of Kalispell, who do not live in the city of Kalispell. These people are illegally registered to vote in ward 3. All four of these people live outside the city on large tracts of land, and all four of these people were previously registered to vote at the residence where they now live and where they have lived for many years. Two of the people transferred there registration to a downtown Kalispell address in 1999 and two of these people transferred their residence to a downtown Kalispell address in 2001. It is interesting to note that Mr. Kenyon won his ward 3 council seat in 1999 by 2 votes. That is right, 2 votes. The voting laws of the State of Montana are very clear on the matters that I have brought up tonight, and I have included appropriate MCA Sections in my handout to you. I will also note for you that two of these illegal voters that I am calling to your attention are illegally on your parking commission, and it is quite interesting to note that they have just terminated the director of the parking commission. Mayor, council, you need to address this corruption in our city. Do not pawn this off on the city attorney, do not pawn this off on the city manager ......... you — the council — must not only make sure that our wards are proportioned fairly — but that only legal residents of our city are voting in our wards. The very future of our city is at stake here !!!! Last year when these 4 people were part of a group that sued both the city and the county, one of them was quoted as saying — ""We can't stand by and allow illegal decisions..to ruin our economic well-being and Montana way of life." page 3 I hope and pray that Kalispell is governed by the core values that you have adopted and not those being demonstrated by these 4 individuals. Please protect our Montana Way of Life. Thank you.