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02A. Council Minutes - Regular Meeting December 2, 1996• f J A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 2, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting B. Approval of Claims per Payables Register-$475,852.26 C. Bid Award -North Water Well Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. HEAR THE PUBLIC No one addressed the Council. Ashlev Park-Qrdinance 1252-Zone Change-2nd Reading Larson moved Ordinance 1252, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning property known as Ashley Park Phase II, Flathead County, Montana (previously zoned County R-4, Two - Family Residential), to City R-4, Residential, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. HEARING-Greenacres/South Woodland Annexation Process Bill Astle, attorney representing Greenacres Homeowners Association, spoke against the annexation and asked for the record the following be entered: I think the guts of the extension of services plan is a sham. Staff is asking you we'll annex but the services will be extended by the people at the people's expense in the area you annex. �M I think that directly runs afoul of the statute, which requires whatever form of annexation, whatever city in Montana does it, that they extend the services to the area and they f inance them by a method that is born by the entire municipality. I think it is clear. The following spoke against the annexation of Greenacres: Bob Meerkatz, 1604 South Woodland Drive Cindy Russell, 1723 South Woodland Drive Sherry Seaman (Gutierrez), 590 Willow Glen Drive Debbie Birks, 1745 Bison Drive Randal Schumacher, 2009 5th Avenue East Michael Zattosky, 2102 5rh Avenue East Reed Darrow, 1772 Bison Drive Sally Delby, 1740 Woodland Drive Roger Stevens, 626 14rh Street East Mike DeBaldo, 1516 Eagle Drive Dennis Dortch, 1696 Stag Lane Clark Stahberg, on behalf of Olga Stahlberg, 1010 Willow Glen Drive Claude Aaberge, 1902 South Woodland Jo Martin, 1705 Bison Drive Bob Eickert, 1942 South Woodland Carleen Gibbs, 1704 Woodland Avenue Rauthe closed the hearing. Krepps reported 360 notices were sent out and 126 protests were received, with 65 invalid and 61 valid. Approximately 29 protests were received after the deadline of which were also invalid. Rauthe read a memo Krepps distributed regarding Storm Sewer Drainage Assessments: At the last workshop, there was discussion and concern voiced about the "fairness and equitable" taxing procedure that we currently utilize for the storm sewer drainage assessments. The concern centered around "large parcels" to be annexed and how our assessments are affecting these landowners. I have discussed this item with the staff during the last week. I believe we should consider the reduction or elimination of the storm drainage assessments on large parcels that are currently held and, upon annexation, would continue to be held for open space, livestock grazing, or bare country -style acreage. This could be done by reconfiguration of the formula for "large" parcels. A definition of a large parcel would need to be agreed upon and the area of improvement(s) that would be taxed would also need to be agreed to. We would then need to determine the effect upon our storm sewer revenue versus the need for and expense of providing storm sewers to the property. 964 If this procedure for the large parcels would be followed, we would then need to, in lieu of the assessments, create a requirement for the landowner(s) who elects to subdivide, increase density, pave, or make other improvements to mitigate the cost of these charges either on their own or through a special mitigation fee to the City at the time of subdivision. This will take a considerable amount of time to research and compile a report to you. This should also illustrate the effects of this concept on existing, in the City boundaries, large parcels to ensure some equitable formulas. I do not promise that this will be a favorable report nor do I promise that the results will be desirable for annexed properties. I do promise that the research will be done to look at alternatives. This type of report, due to the historical data required, may take several months to complete. I do not recommend that we delay the annexation. The process that has been used to this date has been lengthy, thorough, fair, and complete. We will lose the ground work that has been gained through the process if we further delay the approval. With 23 years of experience behind me, the annexation arguments that have -- been presented are typical, not new, and are expected. A delay r will not change the arguments or the outcome of an annexation authorization. Narda Wilson from FRDO explained the map reflecting those protests received on sewer, water, both or neither. Krepps reviewed the costs involved. Resolution 4305-Neighborhood Plan Kennedy moved Resolution 4305, a resolution adopting a recommended amendment to the Kalispell City -County Master Plan. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Motion to Adopt Extension of Services l!an Nystul moved the adoption of the Extension of Services Plan for South Woodland/Greenacres annexation, the November 26, 1996 revision. The motion was seconded. Donahue moved to amend on Page 4, paragraph 2, first sentence, to read, "Other roads in the proposed annexed area, with the exception of those roads which are expressly intended to be privately owned and maintained, would be taken over and maintained by the City of Kalispell." The motion was seconded. RM The amendment carried unanimously with a vote. Kennedy moved to amend the extension of services plan on page 4, paragraph 8, in order to maintain the same high quality service which is expected and currently provided to other City residents, it would be anticipated that an additional snowplow may be necessary along with a half full time employee. Additionally, it should be noted that the Public Works Department equipment is aging and that when properties are annexed into the City it creates additional demands on the equipment thereby shortening its life span. It would be reasonable to anticipate that some equipment replacement would be required in the future." The amendment carried unanimously with a vote. Donahue moved to amend on page 5, last line to read, "Approximately 10 fire hydrants would be required to be installed to provide adequate fire protection for the area at a cost of approximately $25,000." The motion was seconded. There was discussion. Donahue withdrew his motion as did the second. Kennedy moved to amend page 7, paragraph 6, to read, "Currently the r debt remaining on the district's fire engine is $61,526.27. The district's annual budget is $37,000, and they anticipate that they would lose $11,000 from the area proposed for annexation or 29.7% of their budget. This percentage as calculated on their capital debt would be $18,273.30." The motion was seconded. Larson, Haarr and Nystul spoke against the amendment. Donahue spoke in favor of the amendment. South Kalispell Fire Chief Roger Stevens answered questions. There was discussion. Kennedy, maker of the amendment and the second agreed that the paragraph will speak to $11-13,0000, 29.7% to 35% and the last line would be eliminated. The amendment failed with Kennedy and Donahue voting in favor and Haarr, Atkinson, Collins, Larson, Nystul, Granmo and Rauthe voting against. Kennedy moved to amend paragraph 5, last sentence, "attempts to reduce the financial impact the annexation would have on the rural fire district would include a repayment of lost tax revenues for 3 years. 966 This would be based on a historical past three years and payment to be made on a yearly basis and to drop the next paragraph." The motion was seconded. There was discussion. Larson called for the question. The amendment carried with Donahue voting against. Kennedy moved to amend on page 9, paragraph 4, "Note: Should the annexation of this area result in litigation, no improvements or payments would be provided until the matter is resolved." The motion was seconded. The amendment carried unanimously with a vote. Donahue moved on page 8, to remove paragraphs 3 and 4. The motion was seconded. There was more discussion. Kennedy and Larson spoke against the amendment. The amendment failed with Donahue voting in favor. Larson -moved on page 6, paragraph 4, second sentence, to drop property owner and put in all customers. The motion was seconded. There was discussion. Donahue moved to delete the last sentence of paragraph 4. The motion was seconded. Donahue and Nystul spoke in favor of the motion and Kennedy spoke against. There was more discussion. Kennedy called for the question. The amendment to delete the last sentence of paragraph 4 failed with Collins, Kennedy, Atkinson and Rauthe voting in favor and Haarr, Nystul, Granmo, Larson and Donahue voting against. Kennedy moved to amend paragraph 3 and 4 on page 6 to reflect in paragraph 3 where it says the water main extensions will be paid for by all customers in accordance with the adopted Citywide Extension of Services Plan. The City would assist projects in developed areas by preparing applications for grants, low interest loans or by sponsoring special improvement districts. Water main extension for new developments would be paid for by the developer. 967 Paragraph 4, the cost of engineering and construction for sewer main extension would be again the same reflected with the last sentence being "sewer for the new developments would be paid for by the developer." The motion was seconded. Donahue spoke against the amendment. The amendment carried with Granmo, Donahue and Haarr voting against and Kennedy, Nystul, Larson, Atkinson, Collins and Rauthe voting in favor. The amended motion carried with a unanimous vote. Atkinson requested a 5 minute recess. Resolution 4306-Annexation Kennedy moved Resolution 4306, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, south Woodland/Greenacres, an area containing approximately 308 acres and located southeast of Kalispell, as more particularly described in Exhibit "A", attached hereto and for purposes of this resolution made a part hereof, to be known as South Woodland/Greenacres Annexation No. 278, and to declare an effective date. The motion was seconded. Nystul moved to amend Section III to state "This resolution shall become effective July 1, 1997." The motion was seconded. There was discussion. Larson spoke against the annexation. Donahue and Haarr spoke in favor of the amendment. The amendment carried with Atkinson, Donahue and Collins voting against and Kennedy, Larson, Haarr, Nystul, Granmo and Rauthe voting in favor. Kennedy spoke in favor of keeping the boundaries as are currently being presented. There was more discussion. With a roll call vote the amended motion carried with Atkinson, Donahue, Kennedy, Nystul and Rauthe voting in favor and Collins, Granmo, Haarr and Larson voting against. ordinance 1253-Zoning-lst Reading The process that the City staff, FRDO, Council and the Greenacres Homeowners Association have participated in for the last few months has been successful in processing information, addressing concerns, f ♦ } and arriving at equitable solutions for the City and the proposed annexation area. Kennedy moved Ordinance 1253, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning property known as South Woodland/Greenacres, Flathead County, Montana, (previously a mixture of Residential, Commercial and Industrial uses), as follows: R-1, Suburban Residential for those properties located south of Woodland Avenue, east of the current city limits and west of Willow Glen Drive which includes Egasia Corner Subdivision, Willow Haven Subdivision, adjoining tract lands and lots within the Greenacres original subdivision which from along Willow Glen Drive with the southern most boundary being lot 8 of Greenacres original subdivision. R-2, single-family residential, would include those properties located in the Greenacres northwest subdivision; Greenacres units one, two and three; Lots within Greenacres original north of Haven Drive and east of South Woodland Drive and adjoining tract lands. R-3, single-family residential would include those properties located in Greenacres unit four; Meadow Park subdivision; Meadow Park Unit No. 2 and adjoining tract lands. B-2, a General Business District, would include those properties along Highway 93 South. Light Industrial zoning for those properties south of Kelly Road; and P-1, Public for the County park and the Homeowners park, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. FOR YOUR INFORMATION City Court Report Donahue pointed out the City Court report, the interest collected, is the result of the recent ordinance. Next Work Session December 9, 1996 7:00 p.m. Next Regular Meeting December 16, 1996 7:00 p.m. ADJOURN The meeting was adjourned at 10:33 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council r`