Loading...
1b. Council Minutes - Regular Meeting January 5, 2004A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JANUARY 5, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBERS BOB HAFFERMAN, FRED LEISTIKO AND TED POLER WERE ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz, Finance Director Amy Robertson, Parks Director Mike Baker, Community Development Director Susan Moyer and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. OUTGOING COUNCIL PRESENTATION Mayor Kennedy explained Fred Leistiko is out of town and was presented with a plaque at the last regular meeting. She presented Don Counsell with a plaque and thanked him for his service, explaining Counsell had to resign from the Council in July because he moved out of the ward. C. OATHS OF OFFICE Mayor Kennedy administered the oaths of office to Kari Gabriel, Bob Herron, Randy Kenyon and Duane Larson. The reelected and new Council members took their seats. D. ELECTION OF COUNCIL PRESIDENT Kenyon moved the Council elect Duane Larson as President. The motion was seconded. There were no other nominations. The motion carried unanimously upon viva voce vote. E. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting December 15, 2003 2. Ordinance 1489 — Ordinance Rescinding Ordinance 1316 2nd Reading Ordinance 1316 established a program to recover utility costs associated with the installation of utilities in connection with the reconstruction of Highway 93 South. With the passage of Resolutions 4855 and 4856 at the last meeting, Ordinance 1316 is no longer necessary. Kalispell City Council Minutes January 5, 2€ 04 Page 1 3. Construction Agreement Approval for MACI Sidewalk Project This is a construction agreement between the State and City for sidewalks in the northwest area of Kalispell. 4. Award Bid -- City Hall HVAC Systems Retrofit Project One bid was received for the heating, ventilation and air conditioning project for City Hall. Diamond Plumbing & Heating, Inc. bid $124,554,00 to replace the twenty-six year old HVAC system. 5. Law Enforcement Mutual Aid Agreement with the City of Billings The Kalispell Police Department wishes to enter into a mutual aid agreement with the Billings Police Department. 6. Fire Department Retirements and Promotion James Neal and Clifford Willis, both Captains, have retired from the Fire Department following over twenty years of service. Steve Herman is being promoted to Captain. Peters moved approval of the Consent Agenda. The motion was seconded. There was no discussion.. The motion carried unanimously upon roll tali vote. F. STUDENT ISSUES None. G. HEAR THE PUBLIC Richard Griffin, 312 Northridge Drive, said he represents the Chamber's Flathead Youth Leadership Program and announced the youth group will be meeting for a mock council meeting in the Council Chambers on Friday, January 16th and asked Council members to attend. H. REPORTSIRECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION H11. RESOLUTION 4859 — ANNEXATION — KEN KRAMER Kramer is requesting annexation of approximately one acre located in the 1700 block of 5th Avenue East. Atkinson moved Resolution 4859, 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. 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Kramer Addition No. 340; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report. There was no discussion. Kalispell City Council Minutes January 5, 2004 Page 2 The motion carried unanimously upon roll call vote. HI2. ORDINANCE 1490 —INITIAL ZONING —KEN KRAMER —1ST READING Kramer is requesting an initial zoning designation of RA-1, Low Density Residential Apartment. Atkinson moved first reading of Ordinance 1.490, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as Assessor's Tracts 5ZA and a portion of Assessor's Tract 5- 15 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-4, Two Family Residential) to City RA-1 (Low Density Residential Apartment), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Peters asked if an RA-1 zone was strictly for apartments. Wilson answered that single-family and duplex units are listed as a permitted use within the zoning; district, and multi -family dwellings are listed as a conditional use. The motion carried unanimously upon roll call vote. H13. CONDITIONAL USE PERMIT — KEN KRAMER Kramer is asking for a conditional use permit to allow for the construction of a 14-unit apartment building. Kenyon moved Council approve the conditional use permit for Ken Kramer with the attached conditions. The motion was seconded. Olson asked if the 40 foot wide access road will be adequate. Wilson explained it's actually 43 feet, which is more than adequate and leaves room for a sidewalk and landscaping. Peters expressed concern that the access and turn -around area will be adequate for fire trucks. Wilson answered the Fire Marshal has reviewed the project and determined the area is sufficient. There was further discussion. The motion carried unanimously upon vote. H/4. CONDITIONAL USE PERMIT -.. ALAN AND KANDY SATTERLEE The Satterlecs are requesting a conditional use permit to operate a youth group home/transitional living facility on property zoned RA-1, Low Density Residential Apartment, at 206 4th Avenue East. Atkinson moved Council approve the conditional use permit for Alan and Kandy Satterlee with the attached conditions. The motion was seconded. Wilson gave a staff report. Kalispell City Council Minutes January 5, 2004 Page 3 Olson asked Garner how the Police Department feels about transition homes. Garner responded we have an obligation to support these facilities and on a whole, there have been very few problems associated with these residences. Peters commented that State law allows for eight residents, but the facility can easily hold ten. He asked who regulates the number. Wilson said technically the application only asks for six residents and that's the limit that will be placed on the conditional use permit. The motion carried unanimously upon vote. H15. RESOLUTION 4860 — EVERGREEN DISTRICT SEWER SYSTEM On December 18, 2003, the Board of Directors of the Evergreen Sewer and Water District passed a resolution recommending to the Flathead County Commissioners that they consider creating an extraterritorial planning jurisdiction on the perimeter of the Evergreen District for the City of Kalispell. The resolution stated that the City of Kalispell will authorize and consent to any property within the area to connect to the District's Sewer System, by utilizing the City of Kalispell's capacity and not the District's presently established allocated capacity, with such conditions to the connections to the District Sewer System, pursuant to the agreement between the City and Flathead County. The Evergreen District Board presented the resolution to the Commissioners and following a hearing, the Commissioners determined they would consider further action on Evergreen's recommendations after the City of Kalispell considered the terms of the resolution and responded by resolution. Larson. moved Resolution 4860, a resolution of intent to allow properties to connect to the Evergreen District Sewerage System and for the creation of an extraterritorial City Planning jurisdiction. Larson said there were concerns expressed about this resolution at the work session, but he feels it's just a step in the process of negotiations with the County and the Evergreen Sewer District. He said he hopes the Commissioners will review the resolution and if they don't approve of certain things then come back to the Council and state their concerns. Larson said the resolution is intended to open up a dialogue. Larson moved to amend the resolution by adding an additional WHEREAS to read: "It is the City's intent to respond to the Resolution of the Evergreen Sewer and Water District in a constructive manner that resolves water quality issues raised adjacent to the RSID while not compromising the progress that the City and County had in other planning discussions". The motion was seconded. Larson commented several Council members were involved in negotiations with the Commissioners in the past and the former Commissioner that's not in office any longer, and two of the current Commissioners, indicated that as long as it was within the City's service district they would be willing to look at establishing extraterritorial jurisdiction. He said one of the caveats was if the City didn't extend services to an area within a certain amount of time, then it would be withdrawn. Larson said it was never finalized, but he feels the sentiments are the same and the process needs to move forward. Kalispell City Council Minutes January 5, 2004 Page 4 Peters said he supports expansion outside the RSID area, however, the Commissioners made it clear the direction the Council needs to take on the boundary. He said even though progress was made on the west and south boundaries, the northeastern boundary is still in question, especially with all of the construction planned for the northeast corner. Peters said he doesn't think this is the right time to move forward with a resolution that has a map attached that hasn't been agreed to. Mayor Kennedy responded that she spoke with Commissioner Hall late this afternoon and she told him the intent of this resolution, if passed, is to allow the Council to start looking at amending its current sewer policy. She commented he felt comfortable with that, but both parties need to get immediately back to the table to settle concerns with the planning jurisdiction to the north and the south. Mayor Kennedy commented the map will continue to be worked on and she hopes the Council passes this resolution and shows support for a change in the City's past policy. Atkinson said negotiations between the City and the County have been going on for a long time and now, a third party has stepped in, the Evergreen Water and Sewer Board. He said not only is their involvement positive, the City now has a feasibilities study that states the City can provide services to these outlying areas. Atkinson said he appreciates Peters' thoughts, but he thinks we are positioned with the right people, at the right place, at the right time to continue with negotiations and talk about the lines on the map that "don't fit" after the resolution is passed. Kukulski commented the resolution, similar to Evergreen's resolution, clearly states the intent for all parties to work together. He said he thinks Evergreen would be disappointed, and frankly shocked, if the City doesn't follow their lead because their concern, as a utility, is water quality. Kukulski said if we exclude "a section of the area they're talking about, the area outside the RSID, I think we're excluding the whole intent of what they want". He said he hoped the amendment would clearly state the desire not to compromise the progress made. Olson said he likes the resolution but he thinks the Council is in "a little bit of a hurry". He agreed with Peters that the timing is bad and the Council should finish the negotiations first. Olson said in addition, he believes the County is involved in negotiations with Whitefish over the same thing and he feels spot zoning could be created. He said with all those things in mind the Council needs to talk about this again as soon as possible and suggested tabling it. The amendment carried unanimously upon roll call vote. Kenyon said normally a resolution deals with only one issue, but this one appears to be dealing with two separate issues. Harball explained he's trying to keep the focus on what Evergreen's seeking to do and the resolution was drafted to mirror that with the concern having to do with the water quality issues that we could deal with. He said at the same time, the map came forward from Evergreen because Evergreen understands the City's need for planning if we're going to provide that service. Harball said obviously the City is not going to provide the services that are being asked for without having the ability to be able to deal with the urban density in that area. He said they need to be tied together and it gives the Commissioners a heads up that planning needs to be included. Kenyon asked if the same result could be reached with a letter signed by the members of the Council rather than a resolution. Kukulski answered both would express the support of the Council, however, a resolution follows what Evergreen has done and hopefully what the Commissioners will do. Kalispell City Council Minutes January 5, 2004 Page 5 Kenyon asked if the public will be involved prior to the extraterritorial jurisdiction being finalized. Kukulski said this issue is not going to be resolved overnight and the public will have lots of opportunities to express their opinions at work sessions and meetings. Mayor Kennedy remarked she doesn't know what would be gained by tabling the resolution which simply allows the City to go forward with a clear direction. Herron said being a new council member he wasn't planning on saying much for the first two or three :months, but this is an extremely important issue and he's not sure what would be lost by tabling the issue. He said he and Gabriel are both new and he knows they could benefit from another work session and even though he feels the Council is doing the right thing, he agrees with Peters and Olson that "our timing is off'. Herron moved to table Resolution 4860 to the first meeting in February. The motion was seconded. The motion failed upon vote with Herron, Olson and Peters voting in favor, and Atkinson, Gabriel, Kenyon, Larson and Mayor Kennedy voting against. Peters said even though he feels the resolution needs to be tabled because of the planning issues, he will vote in favor of it because he wants to snake it "very, very clear" that he agrees 100% in wanting to protect the water quality. The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Herron voting against. I. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Mayor Kennedy asked that as many Council members as possible attend the Youth Leadership meeting on Friday, January 16th. Kukulski reminded Council members an orientation meeting is scheduled to start at 8:30 a.1n. on Friday, January 9th. J. ADJOURN The meeting was adjourned. at 8:37 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes January 5, 2004 Page 6