1b. Council Minutes - Regular Meeting August 5, 2002A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, AUGUST 5, 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,
DUANE LARSON, FRED LEISTIKO AND JAYSON PETERS WERE PRESENT. COUNCIL
MEMBER HANK OLSON WAS ABSENT.
Also present: City Manager Chris Kukulski, City Attorney Charles
Harball, City Clerk Theresa White, Assistant Finance Director Carol
Kostman, City Accountant Rick Wills, Fire Chief Randy Brodehl,
Police Chief Frank Garner, Public Works Director Jim Hansz, Parks
and Recreation Director Mike Baker and Tri City Planning Office
Director Tom Jentz.
Mayor Kennedy called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Kenyon 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 July 15, 2002
2. Pledged Securities as of June 30, 2002
3. Evergreen Sewer Rate Approval
4. Appointment of Councilor Duane Larson as Alternate Board
Member to the 9-1-1/Local Emergency Planning Committee
5. Council Recognition - Montana Police Officer of the Year Award
- Police Officer Brett Corbett
6. Council Recognition - Retirement - Police Officer Chris
Christenson
Atkinson moved approval of the Consent Agenda. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon vote.
STUDENT ISSUES
None
HEAR THE PUBLIC
None
Kalispell City Council Minutes
August 5, 2002
Page 1
RESOLUTION 4736 - ANNEXATION REQUEST - OLE'S COUNTRY STORE
This is a request for annexation of approximately 1.5 acres located
on the southeast corner of Highway 93 and West Reserve Drive where
Ole's Country Store and other small businesses are currently
located.
Larson moved Resolution 4736, a resolution to provide for the
alteration of the boundaries of the City of Kalispell including
therein as an annexation certain real property, more particularly
described in Exhibit "A", to be known as Ole's County Store
Addition No. 316; to zone said property in accordance with the
Kalispell Zoning Ordinance, and to declare an effective date. The
motion was seconded.
Hafferman stated this is another annexation where the Council
hasn't received an extension of services plan or a report on the
fiscal effects to taxpayers. He added, however, he will vote for
the annexation because the property is already connected to City
sewer and water and the City should be receiving the taxes.
The motion carried unanimously upon roll call vote.
ORDINANCE 1434 - INITIAL ZONING - OLE'S COUNTRY STORE - 1ST READING
This is a request for a B-2, General Business zoning designation
upon annexation of the above described property. Currently the
property is zoned County B-1, Neighborhood Professional Business.
Peters moved first reading of Ordinance 1434, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), Ole's Country Store, described as
Assessor's Tract 3EB located in Section 31, Township 29 North,
Range 21 West, P.M.M., Flathead County, Montana (previously zoned
County B-1, Neighborhood Professional Business) to City B-2
(General Business), in accordance with the City -County Master Plan,
and to provide an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1435 - ESTABLISHING PERMANENT CITY PLANNING BOARD - 1ST
READING
This ordinance changes the status of the Kalispell City Planning
Board and Zoning Commission from interim to permanent.
Kalispell City Council Minutes
August 5, 2002
Page 2
Leistiko moved first reading of Ordinance 1435, an ordinance making
the existing interim Kalispell City Planning Board and Zoning
Commission a permanent entity. The motion was seconded.
Harball gave a staff report.
Leistiko asked if the board's jurisdiction should be included in
the ordinance.
Harball answered by statute, the jurisdiction if the city limits
when you create a City Planning Board. He said one of the first
orders of business for the board is to develop a growth policy,
which will cover certain areas outside of the city limits that is
anticipated for annexation.
Atkinson moved to amend Section II, by changing the term expiration
dates for board member positions currently filled by Bill Rice,
Mark Brechel and Jean Johnson from April 30, 2003 to December 31,
2002. The motion was seconded.
Kenyon asked if the amendment means new Council members will be
making appointments at their very first meeting, which the Council
has been trying to avoid.
Kukulski explained the City is trying to make all board
appointments consistent with an April termination date, but for the
first appointment, he feels the December date would be appropriate.
He added that once those seats are filled in January, the terms
would run approximately two years and four months, expiring April
30, 2005.
The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon roll call vote.
ORDINANCE 1436 - MOUNTAIN VIEW PLAZA PLANNED UNIT DEVELOPMENT
AGREEMENT ADDENDUM - 1ST READING
This addendum amends Section 2.03 of the Mountain View Plaza PUD,
which requires Crosswell Development LLC to provide the City with
a two acre fire station pad.
Atkinson moved first reading of Ordinance 1436, an ordinance
amending Ordinance No. 1380 (Planned Unit Development, Crosswell
Development LLC) by amending Section 2.03(D), Uses, and declaring
an effective date. The motion was seconded.
Kalispell City Council Minutes
August 5, 2002
Page 3
Kukulski gave a staff report, explaining that at the time the PUD
was considered, a fire pad in that location was thought of as a
good idea. He said since then, it's been determined that a fire
station would be better located near Whitefish Stage. Kukulski said
the City has never taken deed or ownership on the property, and
Crosswell is offering to pay $50,000 to use the 2 acres for storm
water retention.
Mayor Kennedy announced for the record that her employer, NuPac,
for whom she works has no connection with Crosswell Development and
she feels it would not be a conflict of interest for her to
participate in the vote.
Council had no objection.
Leistiko commented he never thought this area was the best place
for a fire station but he didn't want to complain about receiving
free land. He stressed that he does, however, want to make sure the
money is placed in an account for a future fire station.
Hafferman said he feels several things need to be done before the
City sells the property. He said first an appraisal needs to be
made on the two acres to make sure the City is getting a fair
price, adding that Crosswell apparently paid between 50 and 60
thousand dollars an acre and he questions whether $25,000 an acre
is equitable. Second, he said an agreement on another piece of
property for the fire station should be in place before the City
gets rid of this property.
Peters said some parts of that property are probably worth $150,000
an acre while others are not worth 20 cents an acre. He said
$50,000 appears consistent with what the City has done in the past.
Kenyon said he finds it interesting that the City is selling
something for $50,000 it doesn't even own.
Larson agreed the proper location for a fire station would be
closer to West Reserve and Whitefish Stage. He said he feels
building a fire station in that area would not maximize fire
protection.
The motion carried upon roll call vote with Atkinson, Counsell,
Kenyon, Larson, Leistiko, Peters and Mayor Kennedy voting in favor,
and Hafferman voting against.
Kalispell City Council Minutes
August 5, 2002
Page 4
RESOLUTION 4737 - 50/50 SIDEWALK REPLACEMENT PROGRAM
Leistiko moved Resolution 4737, a resolution amending Resolution
4291, the annual sidewalk replacement program for the City of
Kalispell, by instituting a 50/50 sidewalk replacement program. The
motion was seconded.
Kukulski gave a staff report stating the 2003 budget includes
$50,000 in gas tax dollars to start the program which he hopes will
encourage citizens to replace sidewalks that are in need of repair.
Atkinson said he doesn't think the City will have any trouble
spending the $50,000.
Hafferman stated this program is superior to the one currently in
place, but someday he'd like to see an ordinance requiring
homeowners to install the sidewalks, with the City repairing them.
He commented staff is always referring to current policy and asked
if he can get a copy of current policies?
Kukulski said current policies are ordinances or resolutions that
are currently in place.
Harball suggested that maybe in the future, a policy book should be
considered.
The motion carried unanimously upon roll call vote.
ORDINANCE 1430 - MUNICIPAL INFRACTIONS - 2ND READING
This ordinance authorizes the classification of certain City
offenses as municipal infractions. Ordinance 1430 passed on first
reading July 15.
Larson moved second reading of Ordinance 1430, an ordinance
authorizing the classification of certain city offenses as
municipal infractions, prescribing enforcement procedures and
penalties, allowing for appeals, authorizing the City Attorney to
codify S§ 1-11, 1-12, 1-13, 1-14, 1-15, 1-16, 1-17, 1-18, and
establishing an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
Kalispell City Council Minutes
August 5, 2002
Page 5
ORDINANCE 1431 - PARKING OFFENSES AS MUNICIPAL INFRACTIONS - 2ND
READING
This ordinance decriminalizes parking offenses and allows them to
be processed as civil municipal infractions. Ordinance 1431 passed
on first reading July 15.
Atkinson moved second reading of Ordinance 1431, an ordinance
amending Ord. 672 5 1; Amd. Ord. 722, Ord. 545 5 1; Amd. Ord. 765
S 1; Ord. 782 9 1; Ord. 883 H 1, 2; Ord. 914 95 1, 2; Ord. 997 55
1, 6; Ord. 1010 § 1; Ord. 1030 5 1; Ord. 1040 8 1; Ord. 1043a 8 1;
Ord. 1045 S 1; Ord. 1062 S 1; Ord. 1068 5 1; Ord. 1073 5 1, R.O.
1947 9 314, R.O. 1947 S 324, 627 S 1, Ord. 1099 5 1, R.O. 1947 99
393, 394; Amd. Ord. 714 S 1; Ord. 1009 5 1 of the Kalispell City
Code by reclassifying certain parking offenses as municipal
infractions, prescribing procedures therefor, establishing a civil
penalty for proven violations, and establishing an effective date
The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1432 - WAIVER OF MUNICIPAL COURT FEES - 2ND READING
This ordinance exempts the City of Kalispell and the Parking
Commission from payment of Municipal Court fees when filing civil
actions. Ordinance 1432 passed on first reading July 15.
Atkinson moved second reading of Ordinance 1432, an ordinance
amending Ordinance No. 1304, (§ 2-69(A), Kalispell City Code) by
exempting the city of Kalispell and the Kalispell Parking
Commission from payment of Municipal Court fees, authorizing the
City Attorney to recodify 9 2-69 and establishing an effective
date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1433 - INITIAL ZONING REQUEST - ASHLEY PARK PHASE IV -
2ND READING
Dennis Carver has requested a zoning designation of R-4, Two Family
Residential, for Ashley Park Phase IV, a residential subdivision
located on the west side of Airport Road and south of Teal Drive.
ordinance 1433 passed on first reading at a special meeting July
22.
Kalispell City Council Minutes
August 5, 2002
Page 6
Kenyon moved second reading of Ordinance 1433, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No.1175), Ashley Park Phase IV
(previously zoned County R-4, 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.
Hafferman stated just like the first reading, he will abstain from
voting. He said he still doesn't have an extension of services plan
for this annexation.
Peters asked when this issue will be addressed.
Kukulski said extension of services plans and annexation reports
will be discussed at the work session August 12.
The motion carried upon roll call vote with Atkinson, Counsell,
Kenyon, Larson, Leistiko, Peters and Mayor Kennedy voting in favor,
and Hafferman abstaining.
TEMPORARY PARKING VARIANCE REQUEST
Leistiko moved the Council authorize a temporary variance from the
requirements of Section V, Part C, of Ordinance 1139 allowing
temporary parking on the unpaved area of the First Avenue East
parking lot (for a period not to exceed 90 days). The motion was
seconded.
Kukulski gave a staff report.
Leistiko asked if the motion should contain a date specific for the
expiration of the variance, such as 90 days.
Harball agreed that would be a good idea.
Mayor Kennedy stated if there was no objection a limit of 90 days
would be added to the motion.
There was no objection.
Hafferman asked if the Parking Commission has the authority to
regulate on -street parking without Council approval.
Garner said it's his understanding the Commission has the authority
to regulate the parking within its jurisdiction, but he will
research the issue and provide members with documentation.
The motion carried unanimously upon vote.
Kalispell City Council Minutes
August 5, 2002
Page 7
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Hafferman asked for information concerning the North Valley Sewer
District agreement.
Baker gave an update on the pool bids and what the consultants are
doing now.
Kukulski asked Council to prepare for a long work session August
12th.
Leistiko asked for an update on the rate analysis.
Larson inquired as to the debris left on the Equity site.
Mayor Kennedy congratulated the Police Department and Officers
Corbett and Christenson.
ADJOURN
The meeting was adjourned at 8:35 p.m.
ATTEST:
Theresa White
City Clerk
Approved August 19, 2002
Pamela B- Kennedy
Mayor
Kalispell City Council Minutes
August 5, 2002
Page 8