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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