05/21/01 City Council Minutes1765
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 21, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL■ MONTANA. COUNCIL PRESIDENT DUANE LARSON PRESIDED.
COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, RANDY KENYON, FRED
LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS
KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. MAYOR WILLIAM
E. BOHARSKI AND COUNCIL MEMBER DALE HAARR WERE ABSENT.
President Larson called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Scarf moved approval of the Agenda. The motion was seconded by Van
Natta.
There was no discussion.
The motion carried unanimously upon vote.
POLICE OFFICER RECOGNITION
Council members congratulated Police Officer Roger Nasset for his
promotion May 1st to Sergeant of Patrol.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting May 7, 2001
2. Approval of Claims per Payables Register - $126,720.06
3. Award Bid - Water Meter Replacement Project
Only one bid was received on May 9th for the Water Meter
Replacement Project. The bid has been reviewed and staff is
recommending the contract be awarded to Metron Farnier of
Boulder, Colorado based on a bid of $292,250.00.
Atkinson moved approval of the Consent Agenda. The motion was
seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Beverly Mason, Masonized Dry Cleaning, 228 2nd Street West, asked
the Council to remove the 2-hour time limit for parking on 2nd
Street West, west of Sykes alley.
Cathy Weprek, 228 2nd Street West, also asked the Council to
restore the unrestricted parking on 2nd Street.
Louise Bowdish, 243 2nd Street West, stated she would also like
unrestricted parking in that area.
ORDINANCE 1381 - RECODIFICATION OF MUNICIPAL CODES - ANIMAL AND
FOWL - 2ND READING
Ordinance 1381 modernizes the City's dog laws in Article II,
Chapter 4 of the Municipal Codes. Council passed Ordinance 1381 on
first reading May 5th and set the licensing fee for spayed females
and neutered males at $5.00.
Leistiko moved second reading of Ordinance 1381, an ordinance
amending Chapter 4, Animals and Fowl, Kalispell Municipal Code by
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amending Ordinance No.'s 666, §5 2, 4, 7, 8, 11 and 12; 879, 59 4,
5, 6, 7, 9, 10 and 11; and R.O. 1947, §5 106, 107; repealing
Ordinance No.'s 666, 9 9 and 879, S 9; authorizing the City
Attorney to recodify Chapter 4, Kalispell Municipal Code in
accordance with this ordinance; and declaring an effective date.
The motion was seconded by Counsell.
There was discussion.
Bruce Measure, 635 5th Street East, stated he would like to see
several changes to the "dog" ordinance. He said right now a
resident has to purchase a license each year, even if the rabies
vaccination is good for three years. He suggested letting people
extend the license to coincide with the rabies vaccination. Measure
said he'd also like to see the City allow veterinarians to sell
licenses, and finally, he would like to see the license fee left
$3.00.
Kenyon commented he feels it's reasonable to allow citizens to
purchase a license for the length of time of the rabies
vaccination.
Neier said he doesn't see any problem with paying for three years
and issuing one license.
Kukulski said that can be done administratively without an
amendment to the ordinance.
Leistiko suggested the staff also look into the possibility of
having veterinarians sell the licenses.
The motion carried unanimously upon roll call vote.
ORDINANCE 1382 - ZONING TEXT AMENDMENT - CELLULAR COMMUNICATION
TOWERS - 1ST READING
TriStar Communications, LLC has requested a text amendment to the
Kalispell Zoning Regulations that would allow for the installation
of cellular towers as a permitted use in the B-5,
Commercial/Industrial, I-1, Light Industrial, and I-2, Heavy
Industrial zones.
Atkinson moved first reading of Ordinance 1382, an ordinance
amending the Kalispell Zoning Ordinance, (Ordinance No. 1175), by
allowing the installation of cellular towers in the B-5,
Commercial/Industrial, I-1, Light Industrial and I-2, Heavy
Industrial zones as permitted uses, subject to performance
standards, and declaring an effective date. The motion was
seconded by Counsell.
There was discussion.
J.R. Reger, TriStar Communications, said all of the towers provided
by TriStar are co -locatable , meaning multiple companies can locate
their antennae on one tower. He said this eliminates the need for
other towers in the area and decreases the adverse visual impact on
a city. Reger said the company originally requested a 1-mile
minimum spacing requirement, but that condition was removed by the
Planning Board. He asked the Council to reconsider the Planning
Board's recommendation and reinstate the 1-mile spacing
requirement.
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Atkinson said he's concerned that this ordinance would prevent a
company from coming into the area if it doesn't want to co -locate
on a tower.
Narda Wilson, FRDO, said the ordinance does require co -location on
an existing tower or other structure whenever possible and
practical, and also requires that where a new tower is proposed,
the applicant shall demonstrate that there are no feasible existing
structures upon which to locate. She said basically all
alternatives have to be explored before a new tower can be
constructed.
Kenyon expressed concern that with a 1-mile minimum requirement,
whoever builds a tower first has control over the majority of the
business.
Kukulski said even though TriStar made the text amendment request,
several companies have expressed interest in the area. He said he
feels the ordinance does a good job of providing for the
availability of towers to supply the service without blanketing the
City with them.
Atkinson agreed, stating the ordinance gives the City an
opportunity to limit the number of towers. He said Council members
just want to make sure, however, that it's not giving undue
advantage to any one company.
Neier said the Council is simply establishing parameters for the
issuance of a conditional use permit and whether or not that
benefits certain people is not for your consideration.
Wilson commented the wording "conditionally permitted use,, is not
in the title of the ordinance.
Neier said the word "conditionally" was inadvertently overlooked
and can be added to the ordinance without an amendment. He added,
however, if the Council wants to add the 1-mile restriction, it
should be done by amendment.
Atkinson moved to amend Ordinance 1382 by including "Section j" in
Exhibit A which reads: "That all transmission and cellular
communication towers be located a minimum of one mile apart, unless
co -location opportunities do not exist-. The motion was seconded
by Van Natta.
There was discussion.
Counsell asked if the condition is added, does that mean a cell
tower couldn't be placed within one mile of the water tower.
Kukulski stated the restriction states one mile unless there are no
co -location opportunities. He said since the water tower isn't
classified as a co -locatable tower, that limit could be waived.
Scarff said he feels the condition is redundant because there's a
Federal Law that states a company can argue the need for an
additional tower despite any restrictions the City places on them.
Kukulski said the City isn't trying to be unreasonable and
unwilling to work with people. He said the City is simply trying
to prevent a proliferation of towers.
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The amendment carried upon roll call vote with Atkinson, Counsell,
Kenyon, Leistiko, Van Natta and Larson voting in favor, and Scarff
voting against.
Van Natta said the Planning Board felt the towers should be a
conditional use in order to give the public an additional chance to
comment.
Mark Lalum, 380 Summit Ridge Drive, asked how the ordinance will
affect existing structures, such as a grain elevator, that may be
considered for tower use.
Neier stated any existing structures are considered pre-existing
uses and he feels they would not be affected.
Wilson said under Exhibit A, Section D, subsection 2, it states
"these regulations shall not be required for the mounting of an
antenna or other transmission device on an existing tower provided
no structural alterations are made".
The main motion as amended carried unanimously upon roll call vote.
ORDINANCE 1383 - ZONING TEXT AMENDMENT - PARKING STANDARDS FOR
SUPERMARKETS & GROCERY STORES - 1ST READING
Smith's Food and Drug has requested changes to the Kalispell Zoning
Ordinance that would calculate the parking requirements for grocery
stores and supermarkets at a ratio of one space per 200 square feet
of gross floor area for the first 5,000 square feet plus one space
for each 300 square feet in excess of 5,000 square feet. The
Kalispell City -County Planning Board, after a public hearing on May
8th, recommended the parking requirements instead be calculated at
a ratio of one space per 300 square feet.
Atkinson moved Ordinance 1383, an ordinance amending Sections
27.26.050(21) of the Kalispell Zoning Ordinance, (Ordinance No.
1175), by amending "Off Street Parking for Grocery and
Supermarkets" to change the required number of parking spaces, and
declaring an effective date. The motion was seconded by Scarff.
There was discussion.
Wilson said currently the ordinance requires one space per 200
square feet of gross floor area. She said the applicants proposed
one space per 200 square feet of gross floor area for the first
5, 000 square feet plus one space for each 300 square feet in excess
of the 5,000. She said the Planning Board amended that proposal
and has recommended a flat one space per 300 square feet of gross
floor area.
Atkinson said the ordinance doesn't reflect the Planning Board's
recommendation. He said it lists the minimum standards as "1 space
per 200 square feet of gross floor area for the first 5,000 square
feet plus one space for each 300 square feet in excess of 5,000
square feet"
Wilson said it was an oversight and the ordinance should be amended
to reflect the Planning Board's recommendation. She said the 1
space per 300 square feet is a standard throughout the valley.
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Van Natta moved to amend Ordinance 1383 by changing Section
27.26.050 (21) to read: "Grocery and. Supermarkets: I space per 300
square feet of gross floor area". The motion was seconded by
Counsell.
There was no discussion.
The amendment carried unanimously upon roll call vote.
The main motion as amended carried unanimously upon roll call vote.
RESOLUTION 4612 - ANNEXATION UTILITY RULE
Kukulski said the ordinance is patterned after one in Whitefish and
allows the City to require a property owner's consent to annexation
as a condition of continued sewer and/or water service. He said he
feels the rule is an appropriate one to assist the City with future
annexations. Kukulski added, however, it hasn't been determined
whether a this rule would have any impact on contractual
agreements, such as what the City has with Evergreen.
Leistiko moved Resolution 4612, a resolution of the City Council of
the City of Kalispell, Montana, creating a utility rule requiring
a property owner's consent to annexation as a condition of
continued sewer and/or water services. The motion was seconded by
Atkinson.
There was discussion.
Leistiko said according to the memo, there are approximately 450
properties located outside the city limits that receive water
and/or sewer service. He said the City has a rule not to annex
areas unless they are contiguous and asked how the outlying areas
will be handled.
Kukulski said the contiguous policy applies to the extension of
services and not to annexation. He said he wants to make it clear
he doesn't intend to send notices to all of the 450 property owners
at one time. Kukulski said there may be areas right now the City
wants to annex, but the main reason for the rule is to make
property owners aware that annexation may be required in the
future.
Atkinson commented in the past, the City's water and sewer services
have been allowed to be utilized outside the City limits and it has
been unfair to those paying City taxes. He asked the audience not
to look at the Council members as "ogres", but as people trying to
look out for the best interests of City residents.
The motion carried unanimously upon roll call vote.
RESOLUTION 4613 - STOP SIGN INSTALLATION
The accident history for the intersection at 2nd Avenue East North
and Washington Street was studied and staff determined a stop sign
is warranted for that intersection.
Scarff moved Resolution 4613, a resolution approving the placement
of stop signs at Second Avenue East North and East Washington
Street and declaring an effective date. The motion was seconded by
Leistiko.
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May 21, 2001
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There was discussion.
Atkinson said he received a call today requesting a stop sign at
another intersection and he' s wondering what steps have to be taken
to get a stop sign before the Council.
Public Works Director Jim Hansz said anyone can request a stop sign
by writing a letter to the Public Works Department. He said an
investigation is then made on whether the intersection warrants a
stop sign. Hansz said there are several rules that have to be
complied with such as traffic volumes and how many accidents have
occurred.
The motion carried unanimously upon roll call vote.
BUDGET AMENDMENTS AND NOTICE OF PUBLIC HEARING
There are six budget amendments that need to be noticed for Public
Hearing on June 18th. The seventh budget amendment, Resolution
4620, is a grant and therefore doesn't need a public hearing.
a. Resolution 4614 - Ambulance Fund
Resolution 4614 amends the Ambulance budget for an accounting
change requiring the appropriation of an amount for bad debt
expense previously treated as a reduction of revenue.
Van Natta moved Resolution 4614, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2000-2001 budget adopted by
the City Council for the purpose of appropriating funds for
ambulance bad debts. The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon roll call vote.
b. Resolution 4615 - Self -Insured Health Fund
Resolution 4615 amends the Self -Insured Health Fund to appropriate
available funds to pay claims.
Scarff moved Resolution 4615, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Fontana, as set forth in the 2000-2001 budget adopted by
the City Council for the purpose of appropriating funds for health
claims. The motion was seconded by Counsell.
There was no discussion.
The motion carried unanimously upon roll call vote.
C. Resolution 4616 - US Highway 93 North Water Bond
Resolution 4616 amends the Water Bond Revenue Fund to appropriate
funds for the Highway 93 North water main project.
Counsell moved Resolution 4616, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2000-2001 budget adopted by
the City Council for the purpose of appropriating funds for the
U.S. #93 North Water Bond. The motion was seconded by Van Natta.
There was no discussion.
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The motion carried unanimously upon roll call vote.
d. Resolution 4617 - Water Fund Water Meter Fro ram
Resolution 4617 amends the water budget for the meter replacement
program.
Atkinson moved Resolution 4617, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2000-2001 budget adopted by
the City Council for the purpose of appropriating funds for the
water meter program. The motion was seconded by Leistiko.
There was no discussion.
The motion carried unanimously upon roll call vote.
e. Resolution 4618 - Light Maintenance Fund
Resolution 4618 amends the Light Maintenance Fund by $7,000 for
unanticipated electricity costs.
Kenyon moved Resolution 4618, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2000-2001 budget adopted by
the City Council for the purpose of appropriating funds for street
light maintenance. The motion was seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon roll call vote.
f. Resolution 4619 - Special Improvement District #343
Resolution 4619 creates the budget necessary for SID ##343 in the
amount of $1,618,500.
Leistiko moved Resolution 4619, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2000-2001 budget adopted by
the City Council for the purpose of appropriating funds for special
Improvement District #343.
There was no discussion.
The motion carried unanimously upon roll call vote.
g. Resolution 4620 - Cultural Arts Grant
Resolution 4620 increases budget authority for the Cultural Arts
Grant which is a pass -through grant to the Glacier Chorale.
Van Natta moved Resolution 4620, a resolution to amend the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 2000-2001 budget adopted by the City Council for the Montana
Cultural Arts Grant. The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski reminded Council members there will be a Special Meeting
Wednesday evening, May 23rd, to award the SID #343 Bond Sale
followed by a budget work session.
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Kukulski stated police union negotiations will begin this week and
he'll make sure Council receives regular reports.
ADJOURN
The meeting was adjourned at 8:50 p.m.
ATTEST:
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Theresa White
City Clerk
Approved June 4, 2001
vctt
`'. F. , Boharsk:'r M. Duane Larson
mayor Council President
1
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