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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 Kalispell City Council Minutes May 21, 2001 1766 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. Kalispell City Council Minutes May 21, 2001 Page 2 of 8 1767 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. Kalispell City Council Minutes May 21, 2001 Page 3 of 8 1768 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. Kalispell City Council Minutes May 21, 2001 Page 4 of 8 1769 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. Kalispell City Council Minutes May 21, 2001 Page 5 of 8 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. Kalispell City Council Minutes May 21, 2001 Page 6 of 8 1711 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. Kalispell City Council Minutes May 21, 2001 Page 7 of 8 1772 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: ��--� ktLA- Theresa White City Clerk Approved June 4, 2001 vctt `'. F. , Boharsk:'r M. Duane Larson mayor Council President 1 1 Kalispell City Council Minutes May 21, 2001 Page 8 of 8