Loading...
07/07/97 City Council Minutes1043 1043 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JULY 7, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, 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. Rauthe noted the token gifts from Mayor Imamura of Takamori. Ted Main Recognition Rauthe read a recognition plaque to Ted Main for his 27 years of service to the City for the Fire Department. He was applauded. AGENDA APPROVAL Haarr moved approval of the agenda as presented. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting -June 16, 1997 B. Approval of Claims per Payables Register-$405,735.98 C. Award Bid -West Wyoming Street Water Main Project D. Adopt 1997-98 Preliminary Budget and Set Public Hearing for July 21, 1997 E. Closing of Street for Wedding-4th Avenue East Collins moved to approve the consent agenda. The motion was seconded. There was discussion of the street closing for the wedding. It was consensus to allow the closure from 4:30-6:00. Upon vote the motion carried. HEARING THE PUBLIC The following spoke in favor of Central School: Rosalie Heinecke, 61 Buffalo Hill Drive Norma Happ, 535 5th Avenue East Sherry Stevens -Wulf, 515 3rd Street East Donna Maddux, County Superintendent of Schools Joanne Shadowitz, Kalispell Grand Hotel Huz Jensen, 620 4th Avenue East Richard Riley, 945 Sunnyside Drive Linda Collins, 302 Salish Court Gordon Pirrie, Western Outdoor, also did a slide presentation of downtown Wenatchee, Washington. Against Fred Hammel, 505 7th Avenue West Richard Kuhl, North Main Teton Terrace Earl Colton, 91 Hawthorne West, complained of the abandoned and stolen cars, and traffic through the Teton Terrace project. Discussion of Utility Request nor Trailer Court Dennis Rasmussen requested the extension of City services to his trailer court located at South Woodland and Haven Drive. This request is due to failed septic systems that are currently servicing the trailer court. This court is located outside of the municipal boundaries by approximately 6001. 1044- 1044 The City has indicated that we will not extend sewer lines to the court unless or until the court annexed. There is currently four parcels of land between City boundaries and Mr. Rasmussen's property. This is a portion of the Green Acres discussion of total annexation and illustrates one of the reasons to continue with the annexation decision. Krepps did not recommend extension of these services outside the City boundaries. Atkinson moved to deny the request for extension of utilities. The motion was seconded. There was discussion. Upon vote the motion failed with Larson, Nystul, Haarr, Kennedy, Donahue and Rauthe voting in favor and Collins and Atkinson voting against. Larson moved to extend city sewer services to the property requesting sewer upon receiving and approving the form of the petition of annexation and holding off on the actual annexation until the City deems it's proper timing at the expense of the home owner and consent to withdraw from rural fire district. The motion was seconded. There was more discussion and the motion carried with a vote with Collins and Atkinson voting against and Donahue, Haarr, Larson, Kennedy, Nystul and Rauthe voting in favor. Resolution 4340-Buffalo Stage Phase II Annexation Krepps concurred with the Findings of Fact and the recommendation from FRDO to annex and zone this property. As a disclosure to the Council and the Public, Krepps stated: This subdivision is where my residence is located. Since my recommendation is not in conflict with the Planning Board, I believe, based upon interpretation of the ICMA code of Ethics, I can submit a recommendation without a breech of the code in reference to Conflicts of Interest. Kennedy moved Resolution 4340, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, Buffalo Stage Phase II, Addition No. 281; to zone said property residential apartment, RA-1; to amend the City zoning map accordingly and to declare an effective date. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4341-South Woodland Construction _Chanae_Order This change order is requested to increase the contract by $1,042.80 for additional unit quantities of gravel and asphalt repair. This is a .7% increase in the original contract total of $157,273.60. Larson moved Resolution 4341, a resolution to alter and amend the contract with Sandon Construction Co., Inc. on the South Woodland Water Main Improvements Project. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Re"l_uti_on 4342-Transfer Funds from General Fund to- Bui dim Department Fund As indicated at the budget workshop, Staff is requesting Council approval to transfer $120,509 from the General Fund to the Building Code Enforcement Fund. 1045 1045 Based upon historical revenue and expenditures for the Building Code Department, Staff calculated that a $120,509 cumulative cost value should be transferred to enable the start-up of this Department's account as an independent enterprise fund operation. Haarr moved Resolution 4342, a resolution authorizing the Finance Director to transfer from the General Fund to the Building Code Enforcement Fund the equity attributed to the Building Code Function. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4343-Golf Course Contract -General Election Ballot Issue With the renegotiation completed and the tentative approval of the City Council for the new lease of the Golf Course property to the Kalispell Golf Association, the City needs to receive approval of the citizens to fulfill all legal requirements of the State. Krepps recommended approval of Resolution 4343 to determine the acceptance/rejection of the proposed contract by general election of the Citizens of Kalispell. Collins moved Resolution 4343, a resolution calling for a special election on the question of approving a lease between the City of Kalispell and the Kalispell Golf Association, to be held on the 4th day of November, 1997 in conjunction with the City general election. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution_4344-Central School Proiect-Place on Ballot This agenda item was requested by Council Member Donahue. Donahue moved Resolution 4344, a resolution calling for a special election on the question of expending up to $2,500,000 to renovate Central School, to be held on the 4th day of November, 1997 in conjunction with the City general election. The motion was seconded. There was discussion. Larson, Collins, Nystul spoke against the motion. Donahue, Haarr spoke in favor of the motion. With a roll call vote the motion failed with Atkinson, Collins, Kennedy, Larson, Nystul and Rauthe voting against and Donahue and Haarr voting in favor. Ordinance 1263-Tackett Zone Change-2nd Reading Kennedy moved Ordinance 1263, an ordinance to amend Section 27.02.010, official zoning map City of Kalispell Zoning Ordinance (Ordinance No. 1175) by zoning property known as Assessor's Tract 30K and 30KA located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R- 3, One Family Residential), City R-3, Urban Single Family Residential, 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, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ordinance 1264-Knoll's Addition Zone Change from R-2 to R-3 2nd Reading This request related directly to a desire to reduce side yard setbacks. 1046 1046 The discussion of the Planning Board led to a concern of drain field restrictions and the impact upon the development that current setbacks have in terms of the types of houses that are being or will be built on the lots. Upon review of the minutes of the meeting and the discussion points Krepps concurred with the Planning Board's opposition for this change in zoning. Larson moved Ordinance 1264, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance (Ordinance No. 1175), by zoning property known as Lots 9 through 16, Block 5, Knoll's Addition located in Section 17, Township 28 North, Range 21 West P.M.M., Flathead County, Montana (previously zoned R-2 Single Family Residential), R-3, Urban Single Family 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, Haarr, Larson, Nystul and Rauthe voting in favor and Kennedy voting against. Ordinance 1265-Sidewalk Amendment -1st Reading At the last Council Meeting there was discussion concerning sidewalks and sidewalk usage. The City Attorney compiled a change for the sidewalk ordinance that will begin a permit system for the use of the sidewalks. Haarr moved Ordinance 1265, an ordinance amending R.O. SS 962 (SS 24-6, Kalispell City Code) allowing obstructions of streets, alleys, public grounds, and sidewalks by permit, and declaring an effective date. The motion was seconded. There was discussion. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Kennedy moved to allow the flower pots in the downtown district without the permitting that was currently allocated in Ordinance 1265 and that such flower pots must be removed by November 1, 1997. The motion was seconded. Larson and Nystul spoke against the motion. Upon vote the motion failed with Nystul, Larson, Haarr, Donahue and Rauthe voting against and Collins, Kennedy and Atkinson voting in favor. Glacier Tennis Club -Conditional Use Permit Discussion Council received a copy of prints for the proposed tennis court facility and the conditional use permit as approved. The prints, as prepared, do not meet the conditions that Council had specified for the permit. The conditional use permit conditions are not fulfilled with the proposed facility. Krepps recommended the staff's disapproval of the building permit until the facility meets the conditions unless Council changes the conditions. There was consensus that this was an administrative decision, if conditions were not met, to deny the building permit. Storm Sewer Assessment Study -tabled from June 2. 1997 As indicated in June, the Internal Staff Committee reviewed the Street Maintenance Assessment Program just as was done with the Storm Sewer Assessment. 1 1 1047 1047 Krepps instructed the Committee to investigate a budget revenue neutral option to assure receiving the current maintenance funds to continue the current level of services. Krepps recommended to continue with the current formula for the Storm Sewer Assessment. Since the reports are not comprehensive but are used to illustrate the formulas and their potential impact, he agreed with the Committee and suggested that Council allow completion this change during the Fall/Winter work schedule with a February 16, 1998 deadline for all changes to be adopted by the Council. There was discussion and consensus to complete in the Fall. Council Appointment -Tentative Item -only if Council is ready Six individuals submitted applications for the Council position as follows: Sydnee Hill, Frederick Hammel, Jerry Begg, Ronald Brothers, John Graves and Randy Kenyon. Ronald Brothers lives in Ward IV, so does not qualify. Kennedy moved to appoint Randy Kenyon for the Ward III Council position replacing Lauren Granmo. The motion was seconded. There was discussion. Nystul, Haarr and Donahue spoke against the motion. Donahue moved to table the motion. With a vote the motion failed with a tie vote of Donahue, Haarr, Collins and Nystul voting in favor and Kennedy, Larson, Atkinson and Rauthe voting against. There was more discussion as to meeting with the candidates next Monday. The original motion failed upon tie vote with Donahue, Haarr, Nystul and Collins voting against and Kennedy, Atkinson, Larson and Rauthe voting in favor. There was discussion as to the format for the interviews. FOR INFORMATION Airport Authority Meeting to follow this meeting. July 14, 1997 7:00 p.m. Ward III Council position Interviews Next Regular Meeting July 21, 1997 7:00 p.m. ADJOURN The meeting was adjourned at 10:00 p.m. Dougl D. Rauthe, Mayor ATTEST: Debbie Giffor Clerk of Council Approved 7/21/97