10/16/00 City Council Minutes1696
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, OCTOBER 16, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE
LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER
CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda with the Claims per Payables
Register being added to the Consent Agenda. The motion was seconded
by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting October 2, 2000
2. Approval of Claims per Payables Register-$422,587.32
3. Proclamation - Red Ribbon Week
Scarff moved approval of the Consent Agenda. The motion was seconded
by Atkinson.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Haarr recognized the accomplishments of Chet Mahugh, who passed away
last week. Haarr stated Mahugh was a City Father who was known for
his leadership abilities. He said Mahugh was a member of the Rotary
Club for about thirty years and was instrumental in starting the
Rotary Basketball Program. Haarr stated Mahugh not only served in
World War II, but also served the community of Kalispell for many
years and asked that the record reflect his passing.
Mayne Flowers, Citizens for a Better Flathead, passed out a report
entitled "Striking the Roots of Sprawl". She said the report
summarizes a year's worth of research and asks some tough questions
like how much is growth going to cost and who's going to pay for that
growth.
PUBLIC HEARING - WATER & SEWER RATES
The City is proposing water and sewer rate increases to cover the
basic costs of providing utility services at their current levels.
The last time water and sewer rates were increased was in 1991.
Boharski opened the public hearing.
Opponents
Fred Hammel, 505 7th Avenue West, thanked Boharski, Haarr and Scarff
for always voting against tax increases and stated the government
always seems to get more and more while the people get less and less.
Proponents
None
RESOLUTION 4588 - RESOLUTION ADOPTING FEES FOR WATER UTILITY
Van Natta moved Resolution 4588, a resolution to adopt the fees,
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schedules, rates, charges and classifications imposed on the
customers of the City of .Kalispell Water Utility. The motion was
seconded by Larson.
There was discussion.
Kukulski explained the increase amounts to about ten percent and
includes a meter replacement program.
Haarr stated the water department is not operating at a break-even
point and it's necessary to periodically make rate adjustments. He
added, however, the City needs to keep up with rate adjustments
instead of waiting so long that a big increase is needed at one time.
Boharski said he would like to postpone the increase, even though
he's sure it will pass. He added, however, that once the increase is
put into place and the numbers start coming in, he hopes if there is
a surplus, the City doesn't spend it just because it has it.
The motion carried upon roll call vote with Scarff and Boharski
voting against.
RESOLUTION 4589 - RESOLUTION ADOPTING FEES FOR SEWER UTILITY
Atkinson moved Resolution 4589, a resolution to adopt the fees,
schedules, rates, charges and classifications imposed on the
customers of the City of Kalispell Sewer Utility. The motion was
seconded by Leistiko.
There was discussion.
Haarr said he can see the need for the water increase, but he finds
exception with the sewer increase. He commented that according to
figures provided by Finance Director Amy Robertson, the sewer fund is
running at a profit and it's too early to adopt an increase.
Robertson answered the statistics don't include the bond payments for
the sewer plant and the City needs to meet the bond requirements.
Haarr said it's still a significant increase and once passed, it will
never be reduced. He encouraged the Council to postpone the increase
for one year.
The motion carried upon roll call vote with Haarr, Scarff and
Boharski voting against.
RESOLUTION 4590 - GLACIER VILLAGE GREENS ANNEXATION
A Resolution of Intention to annex Glacier Village Greens was passed
by Council on September 5th. The annexation involves approximately
110 acres of primarily residential property located northeast of
Kalispell off Whitefish Stage and west Evergreen Drive.
Boharski explained in order to avoid an unnecessary legal battle, the
City has agreed to delay the annexation effective date until November
1, 2001.
Scarff moved Resolution 4590, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, certain real property to be known as
Glacier Village Greens Addition No. 299, and declaring an effective
date. The motion was seconded by Van Natta.
There was discussion.
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Larson commented it's apparent a compromise has been reached with the
residents of Glacier Village Greens by the lack of faces in the
audience, but he said there's still a question concerning the 250
protests filed. He asked how the protests relate to the agreement.
Kukulski explained the Glacier Village Greens Homeowners Association,
through its attorney William Astle, has stated it will not
financially support legal action on two conditions: 1) the annexation
doesn't become effective until November, 2001 and; 2) the City takes
over the maintenance of the streets at that time. He added, however,
this doesn't prevent legal action from private persons.
Boharski asked for public comments.
John Pratt, 186 W. Nicklaus, stated the Council has no findings in
the record that this annexation would benefit the City and the
residents of Village Greens. He said he finds it troublesome that
"this Board has the audacity to extend their jurisdiction over people
who do not want to be governed by the City of Kalispell." He likened
this annexation procedure to Milosevic tactics and stated he will
personally sue if he has to.
Bill Goodman, 50 2nd Street East, spoke in favor of the annexation,
and annexation in general, stating everyone who receives City
services should be carrying their own weight.
George Schulze, 1377 Whitefish Stage, questioned the City Attorney as
to what section of the law the City is referring to for this
annexation.
Neier answered the City is annexing the area under Part 43, Title 7,
Chapter 2, M.C.A, which is annexation of contiguous lands.
Mayre Flowers, CFBF, commended the Council and Staff for the
information provided to the community, but encouraged staff to
provide even more information to enable everyone to process the pros
and cons of annexation and future growth.
Council discussion continued.
Boharski stated this area should have been annexed twenty years ago
and he feels postponing the annexation for one year is a good
compromise.
Van Natta commented the developers recognized the benefit of City
sewer service in 1982, and the subdivision wouldn't have the density
it has today without it.
Haarr said this isn't the agreement that was negotiated when the
subdivision was proposed. He agreed the sewer service is a benefit,
but in order to get it, the developers were forced to sign waivers
that when the development reached eighty percent, then the
subdivision would be annexed. Haarr said it's still his opinion the
eighty percent covers the entire development, and not each phase.
Atkinson stated the wastewater treatment plant was built for the
future of the City. He said the Council has voted in the past to
sell some of the capacity to outlying areas, and as a result, the
City is now looking at expansion costs. Atkinson said it's time these
areas are annexed with everyone paying their fair share.
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Haarr said if the agreement doesn't go into effect until November,
2001, then the residents of Village Greens will not be able to vote
in the 2001 election. He said that amounts to taxation without
representation.
Haarr moved to amend the annexation effective date to October 1,
2001.
The motion died for lack of a second.
The main motion carried upon roll call vote with Haarr voting
against.
ORDINANCE 1365 - INITIAL ZONING OF MDOT ANNEXATION - 2ND READING
This is the second reading of Ordinance 1365 assigning a P-1, Public,
zoning designation for the Highway 93 corridor between the Kalispell
Athletic Complex and Pack & Company.
Larson moved second reading of Ordinance 1365, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property
described in Exhibit "A" (previously zoned County R-1, Suburban
Residential) to City P-1 (Public), in accordance with the City -County
Master Plan, and to provide an effective date. The motion was
seconded by Counsell.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1366 - INITIAL ZONING OF PARK BOTTLING CO. ANNEXATION - 2ND
READING
This is the second reading of Ordinance 1366 assigning an I-1, Light
Industrial, zoning designation to the Park Bottling Company property
located on the south side of Kelly Road and east of Highway 93.
Leistiko moved second reading of Ordinance 1366, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property described in Exhibit "A" (previously zoned County B-2,
General Business and County I-1, Light Industrial) to City I-1, Light
Industrial, in accordance with the City -County Master Plan, and to
provide an effective date. The motion was seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RDINANCE 1367 - INITIAL ZONING OF STRATFORD VILLAGE - 2ND READING
This is the second reading of Ordinance 1367 assigning an R-4, Two
Family Residential, zoning designation for Stratford Village
Subdivision proposed for southwest Kalispell.
Scarff moved second reading of Ordinance 1367, an ordinance to amend
Section 17.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property
described in Exhibit "A" (previously zoned County SAG-10, Suburban
Agricultural) to City R-4 (Two Family Residential) and RA-1, (Low
Density Residential Apartment), in accordance with the City -County
Master Plan, and to provide an effective date. The motion was
seconded by Larson.
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There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1368 - ZONING TEXT AMENDMENT - EXPANSION OF NONCONFORMING
USES - 2ND READING
This is the second reading of Ordinance 1368 amending the Kalispell
Zoning Ordinance to allow for expansions to nonconforming uses up to
a maximum of 50 percent subject to a nonconforming use permit.
Counsell moved second reading of Ordinance 1368, an ordinance
amending Sections 27.25.020 and 27.25.030 of the Kalispell Zoning
Ordinance, (Ordinance No. 1175), by amending the nonconforming lots,
uses and structures regulation to allow for minor expansions to a
nonconforming use, and declaring an effective date. The motion was
seconded by Haarr.
There was no discussion.
The motion carried unanimously upon roll call vote.
ARCHITECTURAL REVIEW BOARD APPOINTMENT
Three letters of interest were received for a vacancy on the
Architectural Review Board. Sharon Jackola, John Peterson and Wayne
Powell have requested the appointment.
Boharski recommended the Council appoint Sharon Jackola to the
Architectural Review Board.
Counsell moved the Council approve the Mayor's recommendation to
appoint Sharon Jackola to the Architectural Review Board. The motion
was seconded by Haarr.
There was no discussion.
The motion failed on a tied roll call vote with Counsell, Haarr,
Scarff and Van Natta voting in favor, and Atkinson, Kenyon, Larson
and Leistiko voting against.
Boharski stated he had no other recommendation at this time.
Atkinson moved the Council appoint John Peterson to the Board.
Atkinson was ruled out of order.
Neier explained only the Mayor can make a recommendation for a board
appointment.
CONDITIONAL USE PERMIT - WAYNE AND SUZANNE ELLIOTT
The Elliott's are applying for a conditional use permit to open a day
care center at 1818 Airport Road.
Scarff moved the Council approve the Conditional Use Permit with four
conditions. The motion was seconded by Larson.
There was discussion.
Suzanne Elliott informed Council members that the day care, if the
conditional use permit is approved, has been licensed for 31 children
who will range from infant to eight years old.
The motion carried unanimously upon vote.
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MAYOR/COUNCIL/CITY MANAGER'S REPORT
Kukulski said he hopes to meet with Council members and staff in the
near future to discuss upcoming legislative issues that were
presented at the Montana League of Cities and Towns convention last
week.
Kukulski informed members that Cavanaughs has made its first payment
of $10,138.72 to the City of Kalispell in lieu of developing the
property west of the mall.
Kukulski said the Council budgeted funds for capital improvements to
the Hockaday, but the Council has never discussed the individual
improvements. He said purchase orders have been presented for roof
repairs, plumbing repairs, etc., and he would like a consensus from
the Council before moving forward.
Van Natta said he approves of the improvements, but would like to see
a list of the projects planned for the year.
Kukulski said he would make sure the Council receives a list.
Council agreed to move ahead with the repairs.
Kukulski announced that the grand opening for the new Smith's store
is scheduled for this Wednesday starting at 8:00 a.m.
Leistiko invited Council members to join the Airport Advisory Board
on Wednesday afternoon to take a tour of the airport and see first
hand the problems with security.
ADJOURN
The meeting was adjourned at 9:05 p.m.
ATTEST:
Theresa Whi e
City Clerk
Approved November 6, 2000
m.F..BohaY, *I _.
Wm E Boharski
Mayor
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October 16, 2000
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