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01/06/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JANUARY 6, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT DUANE LARSON PRESIDED. COUNCIL MEMBERS DON COUNSELL, BOB HAFFERMAN, RANDY KENYON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER JIM ATKINSON AND MAYOR PAMELA B. ]KENNEDY WERE ABSENT. Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Police Chief Frank Garner and Tri-City Senior Planner Narda Wilson. President Larson called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Leistiko moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting December 16, 2002 Leistiko moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. None HEAR THE PUBLIC C.M. Clark, President of Flathead Alliance for Sensible Growth, read a prepared statement concerning the proposed growth policy plan. (Statement is attached and by this reference is made a part of the official record) Bill Goodman, 15 Second Street East, also read a letter regarding the proposed growth policy plan. (Letter is attached and by this reference is made a part of the official record) Gale Steele, 714 Third Avenue East, read a letter she submitted to the Daily Interlake that was printed on December 28th in support of the Streetscape project. (Letter to Editor is attached and by this reference is made apart of the official record) Pauline Sjordal, 234 3rd Avenue West, commented the purpose of Streetscape is to make the downtown more pedestrian friendly and Streetscape is accomplishing that. She also gave areport of the Fifth Annual First Night Flathead, stating over 2,000 people attended. Kalispell City Council Minutes January 6, 2003 Page I Mary Johnson, 6111 st Avenue East, also praised Streetscape, stating she now feels safe walking 1 st Avenue East and she hopes nothing will stop its completion. Patricia Johnson, 714 4th Avenue East, said she hasn't seen any increase in traffic on 4th Avenue East since the inception of Streetscape and urged the Council to finish the project. Don Garberg, 129 Bing Court, said he represents the Kalispell Business Owners Association and commented on the proposed growth policy plan. He said the association is concerned about the requirement for a neighborhood plan before any amendment can be made, it's concerned with the requirement that any property being changed to a commercial designation must be contiguous to commercial property, and the proposed extended three and half mile jurisdiction of Kalispell is too broad. ORDINANCE 1442 — INITIAL ZONING — GLACIER VILLAGE GREENS PHASES 14 THROUGH 22 — 2ND READING Owl Corporation has requested an initial zoning designation of R-4, Two -Family Residential, for approximately 29 acres on the north side of Glacier Village Greens Golf Course to be platted as Glacier Village Greens Phases 14 through 22. The property is currently zoned County R-5, Two - Family Residential. Ordinance 1442 passed on first reading December 16. Peters moved second reading of Ordinance 1442, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Interim Zoning Ordinance, (Ordinance No.1439), by zoning certain real property described as Glacier Village Greens Phases 14 through 22 located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-5, Two -Family Residential) to City R4 (Two -Family Residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. CONIDITONAL USE PERMIT — SANTA & McKINNON — COMMUNITY RESIDENTIAL FACILITY John and Carol Santa and John and Rosemary McKinnon are requesting a conditional use permit to allow a community residential facility for eight or fewer people The property proposed for the group home is located on the southeast corner of Fifth Avenue East and Third Street East and is zoned R-3, Residential. Leistiko moved approval of the conditional use permit for Santa and McKinnon with the attached conditions. The motion was seconded. Kukulski gave a staff report, emphasizing that Montana law states that group homes of this nature must be allowed in all residentially zoned areas, including single family districts. Peters asked staff to look into whether the State statutes have different provisions for these types of homes in historic neighborhoods. Kalispell City Council Minutes January 6, 2003 Page 2 The motion carried unanimously upon roll call vote. FINAL PLAT — STRATFORD VILLAGE SUBDIVISION PHASE 2 This is a request for final plat approval of Stratford Village Subdivision Phase 2 which plats 27 lots on approximately 7 acres west of South Meadows and Ashley Park subdivisions, south of Lone Pine View Estates subdivision and east of the Burlington Northern Railroad right-of-way. Leistiko moved approval of the Final Plat and the Subdivision Improvement Agreement for Stratford Village Subdivision Phase 2, and approval of the Amended Subdivision Improvement Agreement for Phase 1. The motion was seconded. Hafferman asked, and Wilson answered, questions concerning the retention pond and suggested that off -site improvements should be encumbered on the plat in some manner. (Surveyor Jim Burton later clarified that the retention pond was part of the Phase 1 plat.) Haffennan also asked, and Wilson answered, questions concerning the easements, garbage collection and street maintenance. The motion carried unanimously upon roll call vote. ORDINANCE 1443 — SUSPEND INTEREST CHARGES — MUNICIPAL COURT — 1ST READING Judge Heidi Ulbricht is requesting the Council suspend interest charges on all contracts until new court software is provided that is able to assess and track interest. The new software is scheduled to be received within six months. Kenyon moved first reading of Ordinance 1443, an ordinance amending Ordinance No.1240 to allow the Municipal Court to suspend interest charges on all contracts until the necessary software has been provided to the Court by the vendor or a period of six months and declaring an effective date. The motion was seconded. There was discussion. Kukulski explained the full computerization of the Court is something the City has been striving to accomplish for years and has essentially been held up by the State. He said the Court is now on line to receive the new software program within the next six months, but until it is up and running, the Court needs to suspend calculating interest. Olson asked if a surcharge could be added to the fine to counteract some of the loss from the interest. Harball answered the Court is currently collecting fines at the highest rate allowable by law, adding that Judge Ulbricht is the only judge in the State charging interest. Larson asked if the interest could be calculated manually. Kukulski answered he's sure the Court could, but it would rather not at this time. Kalispell City Council Minutes January 6, 2003 Page 3 The motion carried unanimously upon roll call vote. RESOLUTION 4768 — AGREEMENT — DISTRIBUTION OF CAB MONIES Flathead County withdrew from the County Administrative Board on June 30, 2001. This resolution authorizes the Mayor to sign an agreement which settles the final distribution of board monies. (Agreement is attached and by this reference is made a part of the official record) Leistiko moved Resolution 4768, a resolution to join in the agreement with the County of Flathead, the City of Whitefish and the City of Columbia Falls to resolve the dispute regarding the final distribution of property, cash reserves, interest and liabilities for the Countywide Administrative Board and declaring an effective date. The motion was seconded. Kukulski summarized the agreement, stating he feels it's fair and equitable and he hopes once it's signed by all parties involved the cities can move ahead in a positive nature with the County. Larson explained that he spoke with Mayor Kennedy by telephone today and she wanted to express her support of the agreement, stating this agreement is in the best interest of all the parties involved. There was further discussion The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski reminded everyone that the public hearing for the proposed Kalispell Growth Policy Plan will be held next Monday, January 13, and it will be televised. In response to a request from Eloise Hill for an update on the MACI sidewalk project, Kukulski read a letter prepared by Fred Zavodny, Public Works Program Manager. ADJOURN The meeting was adjourned at 7:55 p.m. ATTEST: heresa White City Clerk Approved January 21, 2003 Kalispell City Council Minutes January 6, 2003 Page 4 January 6, 2002 Madame Mayor and Members of the Kalispell City Council My name is C.M. Clark, president of the Flathead Alliance for Sensible Growth. My wife, Janet, and I own the Kalispell Grand Hotel Complex and a cattle ranch southeast of Kalispell. I have a prepared statement for the Council to think about prior to the Jan. 13a' public hearing for the new Growth Policy. We of the Alliance believe the plan is generally a good workable document that the city planning staff and the Kalispell planning board should be congratulated and thanked for the many, many hours that they have spent on this project. However, like many projects there is a built in problem present in this document thanks to the many, many billable hours of legal time that Bucky Wolford's attorney has spent cajoling, persuading and pressuring this fine board into changing the 65 acres at the southeast comer of Reserve and LaSalle, better known as the "Mega Mall" from Light Industrial to Commercial on the Growth Policy Map. This change would affect the Light Industrial which has been and still shows today on both the Kalispell and County maps. Even the County Commissioners did not try to change these 65 acres from Light Industrial to Commercial, but instead they attempted to subvert it by passing a resolution that in essence says that anything permissible in Commercial is OK in Light Industrial, flying in the face of all tenets of good zoning and under the dubious guise of "housekeeping". This is one of the principle subjects of our lawsuit against the County, which we are confident of winning. If a credible study is undertaken by a reputable planning firm to determine how much Light Industrial is available in our tri-city area versus how much Commercial is available, and the study shows that more Commercial is needed and less Light Industrial than that should be considered. I might add that Light Industrial jobs are historically higher paying, and tend to keep our young sons and daughters in the valley, rather than retail jobs. In closing, I believe you Council members were elected to protect the economic viability of all the residents of Kalispell not a chosen few outside interests that blow into town and dictate our future through their high priced attorneys, and we urge you to leave these 65 acres Light Industrial until a professional, independent study can be done like the one the Planning Board has recommended on page 25 of the Growth Policy and a fair and equitable judgment can be ascertained. Thank You January 6, 2003 Mayor Kennedy Kalispell City Council Box 1997 Kalispell, MT 59903 The current growth plan that you have before you is a very good document and I support its adoption with only one change. But I'll come back to that change. I especially support the commissioning of an immediate study of our current commercial/industrial inventory, coupled with a calculation of the rate at which we can absorb new inventory (absorption rate), and therefore a knowledgeable and accurate projection of the future, based on that data. I totally agree with the planning board's recommendation of gaining knowledge in that one unknown category and then finalizing that part of the plan with informed decisions. If we proceeded without information, the best result we could hope for would be no better than a game of chance. Remember, over supply creates declining property values. The plan you have before you allows for and recommends this study. The map before you has classifications that were subject to influence from all the special interests, myself included. "Special interests" don't necessarily mean that the community's best interest got served. The glaring example is the location of the Wolford Mall. The huge impact of this project demands that we be sure that the community's interest is being served. The continual influence of Wolford's hired attorney at all of the planning board meetings, always tweaking and giving input, persuaded the planning board members that his vision should be the community's vision. The petition against that project gained 2,344 quick and easy signatures. All those signatures say it is not the community's vision! Without Wolford's strong influence, that particular location would never have been changed from light -industrial. The community of Kalispell would never have chosen that far away site on a fragile aquifer for the location of the largest mall in Montana. This community doesn't have a vision of itself spawning a second self that is totally separated from Kalispell and even on the far side of Evergreen. That is not where it would have designated growth without Wolford's influence. If we are going to approach the commercial/industrial decisions in a "PROCEED WITH KNOWLEDGE" manner, the Wolford site must be included in that study process. With all of this in mind, I request that this council and Mayor, on the way to approving the Growth Plan, will: 1. Implement the commercial/industrial study. 2. Do not change the Wolford site from light industrial to commercial unless the study shows it to be warranted. Do not proceed with the largest mall in Montana without knowledge. Change the red on the map back to gray as it has been. Let the professionals who will be studying the issue make this determination. 3. Approve the Growth Plan. We will live with the outcome of this for a long time. Let's do it right the first time. Letters to the editor this Morrison money be available to help me stop? If so, how many forms will I have to fill out — and how much financial information will I have to dis- close? As a last resort I might have to give up smoking — at the risk of being unpa- triotic. —Hugh Hollyday, Troy Streetscape a success You have printed several negative letters regarding the Streetscape changes to First Avenue East in Kalispell. I see the recent changes in a more positive light, and feel that the Streetscape project should go forward. It is my understanding that the Streetscape project has two goals: first, to adjust traffic flow on First Avenues East and West, and second, to make both streets more inviting to pedestri- ans. I have driven First Avenue East reg- ularly, both before and after the changes. The street is no more congest- ed than before, in terms of sheer num. bers. Left hand turns are much easier, thanks to the newly installed turn lanes. I live on Third Avenue East and have seen no increase in traffic on either Third or Second Avenue East since the completion of the project. In my opinion, Streetscape has achieved its first goal on First Avenue East. I walk on or across First Avenue East several times each week and I find the wider sidewalks appealing. When trees are planted and blooming flower baskets hang from the new lamp posts, I think it will be a wonderful street for walking, visiting or simply watching the world go by. Thus, Streetscape has accomplished its second goal on First Avenue East. I urge the City Council to go forward with the Streetscape project. Ultimate- ly, I believe it will improve the atmo- sphere and function of our downtown area. —Gail D. Steele, Kalispell AGREEMENT RESOLVING THE FINAL DISTRIBTUION OF PROPERTY, CASH RESERVE, INTEREST AND LIABILITIES FOR THE COUNTYWIDE ADMINISTRATIVE BOARD This Agreement, made and entered into by and between Flathead County, hereinafter referred to as County, City of Kalispell, hereinafter referred to as Kalispell, City of Whitefish, hereinafter referred to as Whitefish, and City of Columbia Falls, hereinafter referred to as Columbia Falls, all government entities of the State of Montana. WITNESSETH: WHEREAS, County, Kalispell, Whitefish and Columbia Falls were members of an Interlocal Agreement which established the Countywide Administrative Board, hereinafter referred to as CAB; and WHEREAS, the County withdrew, June 30, 2001, from CAB; and WHEREAS, CAB now continues under the name of Tri-City Planning Office, hereinafter referred to as TCPO; and WHEREAS, in accordance with the original CAB agreement and any amendments thereto, the County and TCPO have in their possession all properties owned by each; and WHEREAS, on June 30, 2001, CAB had a Cash Reserve of $256,151.15 (two hundred fifty six thousand one hundred fifty one dollars and fifteen cents) and a Compensated Absence Liability of $33,056.67 (thirty three thousand fifty six dollars sixty seven cents); and WHEREAS, the Cash Reserve has been held by the County in an interest bearing manner; and WHEREAS, it is to the mutual benefit of the County, Kalispell, Whitefish and Columbia Falls, that the cost and benefit of Cash Reserve, Compensated Absence Liability and Interest on the reserve shall be resolved; and WHEREAS, the parties to this Agreement desire to provide for the equitable distribution of the balance of the Cash Reserve, less Compensated Absence Liability plus Interest; NOW, THEREFORE, be it resolved, that the County, Kalispell, Whitefish, and Columbia Falls, stipulates to the following: This Agreement shall be effective when all of the parties listed herein shall sign the Agreement witnessing as listed herein above and resolving as stipulated herein without additional reservations, conditions or contingencies; 2. The County, Kalispell, Whitefish, and Columbia Falls shall accept unconditionally the following figures as true and accurate: a. The amount of the Cash Reserve is $256,151,15 (two hundred fifty six thousand one hundred fifty one dollars and fifteen cents); b. The amount of the Compensated Absence Liability is $33,056.67 (thirty three thousand fifty six dollars sixty seven cents); c. The amount of Interest earned on the Cash Reserve since July 1, 2001 is equal to the Cash Reserve multiplied by 2.70%( two and seven tenth percent) calculated as an annual percentage rate for the period July 1, 2001 to the date that this agreement is signed by each of County, Kalispell, Whitefish, and Columbia Falls and that amount is $9,204.34 (nine thousand two hundred four dollars and thirty four cents); 3. The County, Kalispell, Whitefish, and Columbia Falls shall accept unconditionally the following calculation of the amount that is available to be disbursed to the parties: a. From the Cash Reserve subtract the amount of the Compensated Absence Liability, which sum shall be delivered to and become the property of TCPOt this amount shall be equal to $223,094.48 (two hundred twenty three thousand ninety four dollars forty eight cents; b. Add to the amount of $223,094.48 the total amount of interest accrued on the Cash Reserve; this amount shall be the amount available to be disbursed to the parties; c. Multiply the amount available to be disbursed to the parties by 68.0%; this amount shall be delivered to the County; d. Subtract from the amount available to be disbursed to the parties, the amount delivered to the County; this amount shall be delivered to TCPO; 4. The County, Kalispell, Whitefish, and Columbia Falls finds that the property of CAB is now in the possession of TCPO and that the property of County is now in possession of County and neither party shall have any claim to the property of the other; 5. The County, Kalispell, Whitefish, and Columbia Falls shall relinquish forever the right to litigate, appeal, arbitrate or pursue any of the matters set forth herein. IN WITNESS WHEREOF, the parties do execute this agreement upon the dates so entered below. FLATHEAD COUNTY, MONTANA BY: ATTEST: BOARD OF COUNTY COMMISSIONERS BY: ATTEST: BY: ATTEST: BY: CLERK DATE: CITY OF KALISPELL, MONTANA FVA MAYOR CLERK DATE: CITY OF WHITEFISH, MONTANA MAYOR CLERK DATE: CITY OF COLUMBIA FALLS, MONTANA ATTEST: MAYOR BY: CLERK DATE: