Loading...
05/19/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MAY 19, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER RANDY KENYON WAS 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, Parks and Recreation Director Mike Baker, Fire Chief Randy Brodehl, Community Development Director Lynn Moon and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Atkinson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL l . Council Minutes - Regular Meeting May 5, 2003 2. Award Bid — Sidewalk and Curbing Construction Sandon Construction was the only bidder for the annual sidewalk and curbing construction in Kalispell. Staff recommended the bid be awarded to Sandon for expenditures of up to $95,000.00 matched by an equal amount from residents and/or businesses. Award Bid — 2003 Chip Seal Project Three bids were received for the 2003 chip seal project from Conmat of Idaho, JTL, Kalispell and Helena Sand & Gravel aka Nupac, Kalispell. Staff recommended the bid be awarded to JTL Group for expenditures of up to $74,430.00 in gas tax monies. 4. Award Bid — 2003 Epoxy Striping Project Two bids were received from United Rentals of Billings and Arrow Striping of Billings for the 2003 epoxy paint striping project. Staff recommended the bid be awarded to United Rentals for expenditures of up to $54,522.00 in gas tax monies. 5. Contract Amendment — Aquatic Facility Construction When the contract for the aquatic park was awarded, a concession stand and additional bathrooms were eliminated, but unexpected savings in other areas of the project mean these buildings could now be erected. Staff recommended the Council to amend the original contract with Swank Enterprises by $98,500 to complete the originally proposed concession stand and bathrooms. 6. Proclamation — Emergency Medical Services Week Leistiko moved approval of the Consent Agenda. The motion was seconded. There was no discussion. Kalispell City Council Minutes May 19, 2003 Page 1 The motion carried unanimously upon vote. STUDENT ISSUES None. HEAR THE PUBLIC Donna Thornton, 1026 1 /2 4th Street West, representing the Kalispell Business Association said she has the results of the latest survey which asked, "There are currently two major mall projects in the planning process. These mails can be partially tax supported with government tax funds and/or special government funded tax incentives, or they can be the total financial responsibility of the developer. Which do you support?" Thornton said the survey showed 8% of the respondents supported partially tax supported mall projects with 92% supporting the 100% developer funded proj ects. Tom Sands, Sands Surveying, said he is available to answer any questions that may arise on Ordinances 1452 and 1457 and Resolutions 4787 and 4788. Scott Richardson, Airport Advisory Board Chairman, read a letter in response to a lot of misinformation about the City Airport recently. (Letter is attached and by this reference is made a part of the official record) ORDINANCE 1451— INITIAL ZONING — BLUE HERON ESTATES — 2ND READING Charles and Michelle Lapp have requested a zoning designation of R-2, Residential, on approximately 24 acres located on the northwest corner of Three Mile Drive and Stillwater Road. Ordinance 1451 passed on first reading May 5th. Larson moved second reading of Ordinance 1451, an ordinance to amend Section 27.02.0101, Official Zoning Map, City of Kalispell Interim Zoning Ordinance, (Ordinance No.1439), by zoning certain real property described as Blue Heron Addition No. 324 and further described on Exhibit "A" located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County R-2, Residential) to City R-2 (Single Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1452 — INITIAL ZONING — WEST VIEW ESTATES — 2ND READING Owl Corporation has requested a zoning designation of R-3 and RA-1 on approximately 58 acres located on the northeast corner of Stillwater Road and West Reserve Drive. Ordinance 1452 passed on first reading May 5th. Leistiko moved second reading of Ordinance 1452, an ordinance to amend Section 27.02.0101, Official Zoning Map, City of Kalispell Interim Zoning Ordinance, (Ordinance No. 1439), by zoning certain real property described as West View Addition No. 325 and further described on Exhibit "A" located in Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County AG-80, Agricultural) to City R-3 (Residential) and City RA-1 (Low Density Residential Apartment), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. Kalispell City Council Minutes May 19, 2003 Page 2 The motion carried unanimously upon roll call vote. ORDINANCE 1453 — ZONING TEXT AMENDMENT — 2ND READING Grant Spoklie has requested amendments to the Kalispell Interim Zoning Ordinance to reduce the parking requirements for beauty and barber shops. Ordinance 1453 passed on first reading May 5th. Peters moved second reading of Ordinance 1453, an ordinance amending Section 27.26.050(4) of the Kalispell Interim Zoning Ordinance, (Ordinance No.1439), by amending the parking requirements for beauty and barber shops, and declaring an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1454 — PROHIBIT PARKING ON MAIN STREET/SUNSET BOULEVARD — 2ND READING In 1999, the Council declared its intent to prohibit parking on Main Street/Sunset Boulevard between Idaho Street and Arizona Street when left turn lanes were created. Now that construction is complete, the Council needs to follow through on its pledge. Ordinance 1454 passed on first reading May 5th. Counsell moved second reading of Ordinance 1454, an ordinance prohibiting parking on Main Street/Sunset Boulevard between Idaho Street and Arizona Street and declaring an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1455 — VENDING ORDINANCE — 2ND READING This ordinance updates the "Traveling Merchant or Peddler" ordinance and allows vending only at special events and in City Parks. Ordinance 1455 passed on first reading May 5th. Atkinson moved second reading of Ordinance 1455, an ordinance repealing the existing language of Kalispell City Ordinance 15-12 entitled `Traveling Merchant or Peddler" and replacing it with language to regulate vending on public ways and declaring an effective date. The motion was seconded. Harball asked for two minor changes to the ordinance. He said in Section 5, the health inspection certificate is actually issued by the State and he asked that the word "State" be inserted prior to "certificate of health". He also asked that in Section 9, "TEN ($10.00) DOLLARS per day" be changed to "TEN ($10.00) DOLLARS per event". Atkinson agreed to accept the changes as a friendly amendment. The second concurred. The main motion as amended carried unanimously upon roll call vote. ORDINANCE 1456 — SALARY ORDINANCE — 2ND READING Amendments to the salary ordinance include adjustments coinciding with the new AFSCME labor contract, an adjustment of non -union salary ranges, and a new job title. Ordinance 1456 passed on first reading May 5th. Kalispell City Council Minutes May 19, 2003 Page 3 Leistiko moved second reading of Ordinance 1456, an ordinance amending Ordinance No. 1412, fixing the limits of the salary and compensation of the city officials, supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the dates indicated herein, and repealing all other ordinances in conflict therewith. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Larson, Leistiko, Olson and Mayor Kennedy voting in favor, and Peters and Hafferman voting against. RESOLUTION 4787 — ANNEXATION REQUEST — ASHLEY MEADOWS Tim Knoll has applied for annexation of approximately 4 acres of property located at the northeast corner of Bluestone and Denver Avenue. Larson moved Resolution 4787, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Ashley Meadows Addition No. 326; to zone said property in accordance with the Kalispell Interim Zoning Ordinance and to declare an effective date. The motion was seconded. Wilson gave a combined report on the Ashley Meadows annexation, zoning and preliminary plat requests. She explained as it currently exists, the property where the applicant's house is located is not included in the annexation request and one of the recommended conditions of approval is that this property be annexed into the City prior to, or concurrent with, the filing of any final plat associated with the subdivision. Wilson further explained that the Planning Board also recommended two variances in conjunction with this subdivision: one would allow a variance to the required 125 foot roadway offset for the extension of Bismark Street because the applicant's house lies in the path of the extension and would result in a loss of the house if it were to be relocated. The other variance was based on the topography of the property and the shape of the parcel and would allow a variance to the three to one length to width lot ratio. Leistiko asked if Knoll owns all of 7ABA. Wilson answered he doesn't own the property north of Ashley Creek. Olson, referring to the Planning Board minutes which noted that a park will not be developed, said he wants to make sure subdivisions have parks so children aren't crossing busy roads to reach a recreational area. Wilson remarked that instead of the cash in lieu of parkland, a homeowner's association could develop the 0.3 acre into a park, but small parks do not generally provide adequate recreational space. Baker agreed with Olson stating subdivisions which do not have parks are missing out, however, this parcel is too small and the City could better use the money to add something to Begg Park, such as a basketball court. Olson said he's still concerned about children having play areas close to home and asked Baker to attend a work session concerning subdivision parks. Kalispell City Council Minutes May 19, 2003 Page 4 Larson said if the Council is going to approve a variance for the extension of Bismark Street, why is Condition #13 still being included? (Condition #13 reads: "That consideration be given to the relocation of the existing house to allow for the alignment and extension of Bismark Street which would necessarily result in the reconfiguration of the subdivision but no an additional formal preliminary plat review.") Wilson said the condition wasn't removed because staff would still like the owner to consider relocation. Hafferman said he thought the fifty foot lot width was supplied at the building line, not the right-of- way, when you have pie shaped lots. He said it's difficult to meet fifty feet from the property line. Wilson answered that is correct, unless you have "irregularly shaped lots", then the building width is taken at the fifteen foot building setback line. She said they will work with the developer to help them create the fifty foot lots. Peters said the recommendation is for a zoning designation of R-4, Two Family Residential, and asked if it wouldn't make more sense, considering the lot sizes, to make it R-3, Urban Single Family Residential. Wilson said the lot size requirement in R-3 is 7,000 square feet and the lot size requirement in R-4 is 6,000 square feet and with an R-3 zoning designation the developers couldn't get thirteen lots. The motion carried unanimously upon roll call vote. ORDINANCE 1457 — INITIAL ZONING — ASHLEY MEADOWS —1ST READING Tim Knoll requested an initial zoning designation of R-4, Two -Family Residential, upon annexation of the above -mentioned property. Leistiko moved first reading of Ordinance 1457, 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 Ashley Meadows Addition No. 326 and further described on Exhibit "A" located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Residential) to City R-4 (Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Peters commented he has a problem issuing R-4 zoning, multi -family, if it's going to end up being single-family on those lots. Wilson said it's not multi -family, it will be developed with either duplexes or single-family homes, and there are only a few lots that would accommodate duplexes. Peters said he's heard from several people who don't want to see any more duplexes in this area. He said it wasn't in connection with this particular property, but he does feel it needs to be addressed. Wilson said in her experience, a lot of those complaints come from people living in exactly the same kind of housing and neighborhoods that's being proposed. She said from a sense of consistency and fair play, there's value to having predictability, and predictability means doing what's consistent with the character of the neighborhood. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes May 19, 2003 Page 5 RESOLUTION 4788 — PRELIMINARY PLAT — ASHLEY MEADOWS Tim Knoll also requested preliminary plat approval of Ashley Meadows, a 13-lot subdivision. Larson moved Resolution 4788, a resolution conditionally approving the preliminary plat of Ashley Meadows Subdivision, more particularly described on Exhibit "A", in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4789 — ANNEXATION REQUEST — GETZ Dorthey Getz has applied for annexation of approximately three acres of land located on the south side of Appleway Drive, west of Meridian road. Leistiko moved Resolution 4789, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Getz Addition No. 327; to zone said property in accordance with the Kalispell Interim Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a combined staff report on the Getz annexation and zoning request, stating this site has been "ambitiously" cleaned up and the property is in the process of being sold to Joe Clark, who has intentions to develop the property with multi -family dwellings, provided the annexation and B-2 zoning are successful. Hafferman commented this property is in his neighborhood and he feels it's a very good use of the land. The motion carried unanimously upon roll call vote. ORDINANCE 1458 — INITIAL ZONING — GETZ —1ST READING Dorthey Getz requested an initial zoning designation of B-2, General Business, upon annexation of the above -mentioned property. Atkinson moved first reading of Ordinance 1458, 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 Getz Addition No. 327 and further described on Exhibit "A" located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Residential) to City B-2 (General Business), in accordance with the Kalispell Growth Policy 202, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4790 — ANNEXATION REQUEST — SCHOOL DISTRICT 5 School District 5 has requested annexation of approximately 8 acres including Edgerton School. Kalispell City Council Minutes May 19, 2003 Page 6 Peters moved Resolution 4790, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Edgerton Addition No. 328; to zone said property in accordance with the Kalispell Interim Zoning Ordinance and to declare an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1459 — INITIAL ZONING — SCHOOL DISTRICT 5 —1ST READING School District 5 has requested an initial zoning designation of P-1, Public, upon annexation of the above mentioned property. Leistiko moved first reading of Ordinance 1459, 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 Edgerton Addition No. 328 and further described on Exhibit "A" located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Residential) to City P-1 (Public), in accordance with the Kalispell Growth Policy 202, and to provide an effective date. The motion was seconded. Wilson pointed out there's an error in the Ordinance; it should read "previously zoned County RA-1, Low Density Residential Apartment". So noted. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4791— PRELIMINARY PLAT — AMENDED LOT 3 — DALEY FIELD Murcon Development is requesting preliminary plat approval of the Amended Lot 3 of Daley Field Subdivision, a four -lot commercial subdivision on approximately 7 acres located on the west side of Highway 93 across from Kelly Road. Larson moved Resolution 4791, a resolution conditionally approving the preliminary plat of amended plat of Lot 3, Daley Field Subdivision, more particularly described as the amended plat of Lot 3 of Daley Field Subdivision, located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Hafferman said he would hate to see a proliferation of stop lights along this section of road. He said he would like to see the following happen: 1) close the existing Rosauer's intersection and move the stop light to Kelly Road; 2) construct a frontage road from Rosauer's parking lot to Kelly Road; and 3) provide right-of-way from Big R to Kelly Road. He said he would like to see a cooperative effort between the Montana Department of Transportation, the City and the developer in a monetary effort to work out a solution to this problem. Hafferman suggested: 1) grant a variance from the existing regulations for the width of right-of-way required for a frontage road along the entire front of this subdivision, say forty feet; 2) use tax increment money to construct the frontage road; 3) the developer, City and Montana Department of Transportation cooperate in the costs of moving and installing the stop light, on whatever ongoing negotiations have occurred to date, with the Kalispell City Council Minutes May 19, 2003 Page 7 developer's donation of frontage road right-of-way thrown into that mix. In addition, whenever the lot north of Rosauer's develops, require that developer to work with Rosauer's to reconfigure Rosauer's' parking lot and use the east end as a frontage road. Hafferman said with everyone's cooperation, we could end up with only one stop light at Kelly Road. Hansz said Hafferman has raised a lot of interesting points to discuss, but the majority of the discussion should have taken place many years ago when the initial development of Rosauer's started. He said MDT will not be a party to any frontage roads and the City will have to build a frontage road on private property only. Hansz said as far as the traffic lights, the selection of the realigned Third Street intersection was made after careful discussions with MDT and the City and because the Rosauer's development took place when it did, basically cinched that that was the best location for the light. He said MDT has no interest in placing a light at Kelly Road unless signal warrants indicate it's necessary, and then it's still not required. Leistiko said at one time there was a proposal before the Council to bring a frontage road from Big R, to Penco, and across to Kelly Road. He asked if that fell through. Kukulski responded that the City spent six months to a year, and met approximately five times with property owners, to work out details on how to build a frontage road, but unfortunately, it never came together. Olson said it was mentioned at the Planning Board meeting that MDT will not put a light at Kelly Road because it doesn't feel it's warranted, however, a signal may be warranted after development of property. He asked if a determination is made that a traffic light is needed, who will have to pay for it. Hansz answered if development occurs that creates the warrant conditions for a light, then the development will be looked at to pay for it. He said if there is a gradual increase in traffic, then the City will sit down with MDT to determine if there are State funds available. Olson further commented that the minutes state money from the sale of the Daley Field has been earmarked for airport improvements and utility installation along Highway 93. He asked if the City still has this money. Kukulski said the money from the sale is still in the bank. Olson stated he's almost tempted to table the resolution until the traffic light issue is settled. He said the traffic is already ridiculous and now another bunch of businesses will be pouring more vehicles out onto the road. Wilson informed the Council that John Schwartz has been working independently with the property owners of Penco and Big R to develop a through access road that would utilize cross easements through the parking lots. She said Rosauer's manager even attended the Planning Board meeting and stated he would support shared access between the parking lots to the controlled intersection. The motion carried upon roll call vote with Atkinson, Counsell, Hafferman, Larson, Leistiko, Peters and Mayor Kennedy voting in favor, and Olson voting against. FINAL PLAT — MOUNTAIN VIEW PLAZA This is a request for final plat approval of Mountain View Plaza subdivision which creates eight commercial lots on approximately 37 acres. All of the necessary conditions of the preliminary plat and the planned unit development agreement have been met or adequately addressed. Kalispell City Council Minutes May 19, 2003 Page 8 Leistiko moved final plat approval for Mountain View Plaza. The motion was seconded. Wilson explained the preliminary plat showed eleven lots for Mountain View Plaza when the Council approved it on October 21, 2002. She said the final plat only shows eight lots because the lots between Home Depot and Target were consolidated into one lot. The remaining seven lots were those along Highway 93. Wilson said all of the infrastructure has been completed and accepted by the Public Works Department and the $50,000 payment for the fire station site has been received. The motion carried upon vote with Atkinson, Counsell, Hafferman, Larson, Leistiko, Olson and Peters voting in favor, and Mayor Kennedy abstaining. ORDINANCE 1460 — KALISPELL ZONING ORDINANCE —1ST READING Ordinance 1460 adopts the Kalispell Interim Zoning Ordinance as the permanent zoning ordinance of the City of Kalispell. Peters moved first reading of Ordinance 1460, an ordinance adopting the Kalispell Interim Zoning Regulations as the permanent zoning regulations and declaring an effective date. The motion was seconded. Larson asked if the changes the Council has discussed at work sessions are included in the ordinance. Wilson answered all of the amendments that have been formally approved are included. The motion carried unanimously upon roll call vote. RESOLUTION 4792 — RESOLUTION OF INTENT — BUSINESS IMPROVEMENT DISTRICT The City of Kalispell has been presented with petitions signed by owners of downtown businesses requesting a Business Improvement District be created. This resolution is the first step in that process and calls for a public hearing scheduled for June 16th. Leistiko moved Resolution 4792, a resolution of intention to create a business improvement district for the City of Kalispell, Montana, to fix a date of a public hearing, and to provide for publications of notice of said hearing. The motion was seconded. Hafferman said the Daily Inter Lake reported the district would be self -financed. He said if that's true, then he assumes the proposal made last fall to use $25,000 in revolving fund monies no longer applies. Kukulski said that issue is not specific to the resolution this evening, however, he would anticipate a budget request for the $25,000. The motion carried upon roll call vote with Atkinson, Counsell, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. RESOLUTION 4793 — CALL FOR PUBLIC HEARING — WATER RATE INCREASE Resolution 4793 sets a public hearing date for June 16th to hear comments concerning a water rate increase of ten percent each year over the next five years. Leistiko moved Resolution 4793, a resolution setting a date for public hearing on a proposal to adopt increases in the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell Water Utility. The motion was seconded. Kalispell City Council Minutes May 19, 2003 Page 9 Kukulski gave a staff report. Hafferman read a written statement concerning the water rate increase. (Statement and memo on Highway 93 utilities are attached and by this reference are made a part of the official record) Larson stated Hafferman makes some valid points; however, the Council is simply scheduling the public hearing this evening and the ratepayers need a chance to be heard. The motion carried upon roll call vote with Atkinson, Counsell, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. RESOLUTION 4794 — CALL FOR PUBLIC HEARING — SEWER RATE INCREASE Resolution 4794 sets a public hearing date for June 16th to hear comments concerning a sewer rate increase of three, four and five percent over the next five years Atkinson moved Resolution 4794, a resolution setting a date for public hearing on a proposal to adopt increases in the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell Sewer Utility. The motion was seconded. Hafferman read a written statement concerning the sewer rate increase. (Statement is attached and by this reference is made a part of the official record) The motion carried upon roll call vote with Atkinson, Counsel], Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. MEMORANDUM OF UNDERSTANDING — EVERGREEN DISPOSAL, INC. This memorandum of understanding spells out solid waste services between Evergreen Disposal and the City of Kalispell. Leistiko moved the Council authorize the Mayor to execute the Memorandum of Understanding between the City of Kalispell and Evergreen Disposal, Inc. The motion was seconded. Mayor Kennedy thanked the City Manager and City Attorney for their hard work on this agreement and for bringing forward a document that appears to be in the best interest of both parties. Kukulski explained the legalities of the issue and stated the agreement clarifies the relationship between the City and Evergreen Disposal. There was no discussion. The motion carried unanimously upon vote. BOARD APPOINTMENTS — PARKING COMMISSION Eight letters of interest were received for five seats on the Parking Commission. Those asking for appointment are Janet Clark, Bill Goodman, John Hinchey, Rebecca Jones, Richard Nelson, Mark Pirrie, Joel Schoknecht and Ron Trippet. Mayor Kennedy said she has decided to recommend the appointments of the members currently serving on the Parking Commission. She said it's a diverse group that works together quite well. Kalispell City Council Minutes May 19, 2003 Page 10 Mayor Kennedy recommended Richard Nelson be appointed for a one year term, Bill Goodman for a two year term, John Hinchey for a three year term, and Janet Clark and Mark Pirrie for four year terms. Leistiko moved the Council accept the Mayor's recommendation. The motion was seconded. Hafferman said this board has been very controversial and just reappointing the same people after adopting an ordinance making everything legal, doesn't seem to be the proper method to use. He said the board needs new blood and the Council should appoint at least two or three new members. The motion carried upon vote with Hafferman and Peters voting against. MAYORICOUNCILICITY MANAGER'S REPORTS Mayor Kennedy said Olson has requested a work session on subdivisions and parks and asked that when it's scheduled, the City also notify the Student Advisory Council. Olson also requested a work session on density issues. At the request of Leistiko and in response to the bid award for sidewalk and curbing construction, Kukulski explained the 50-50 sidewalk program. Peters commented he doesn't agree with the way board appointments are made. He said he doesn't have any problem with the Parking Commission members; however, he doesn't feel comfortable discussing specific people and the tone of different commissions at a Council meeting and asked that the issue be discussed in the future. Kukulski said despite recent rumors, virtually no parking spots were lost to Streetscape. Kukulski informed the Council that when this many agenda items are necessary, second readings of ordinances can be placed on the consent agenda and he would like the Council to consider that in the future. Kukulski announced he will be attending an economic development summit in Billings next week along with a few representatives from the Chamber of Commerce. ADJOURN The meeting was adjourned at 8:57 p.m. Theresa White City Clerk Approved June 2, 2003 Kalispell City Council Minutes May 19, 2003 Page 11 Happenings at the Kalispell City Airport by Scott Richardson, Airport Advisory Board President Recently, there has been some activity at the usually un- eventful Kalispell City Air- port. I wanted to take some time to provide some clarifi- cation and answer some ques- tions that may exist about what, when and how much as they relate to the Kalispell City Airport. First, let me disseminate some history... In 1928, the Kalispell City Airport became the first air- port to serve the Kalispell area. It originally consisted of a grass landing strip. In 1966, private funds provided paving for the present con- figuration. Private hangers built on airport -leased land add to the final arrangement that continues to serve the greater Kalispell area today. Several years ago, the City recognized that the airport needed improvements to bring it up to standards. Since that time, pilots, the airport advi- sory board and several gen- erations of Kalispell City Council have committed to planning and implementing the improvements to bring the airport to a B-II status recog- nized by the Federal Aviation Administration (FAA). Ac- cording to the Kalispell City Airport Final Environmental Assessment (EA) completed in December 2002, B-II status is recognized when safety stan- dards are met allowing the ac- commodation of all "single - engine and small twin -engine airplanes used for personal and business purposes." It may also serve some "small business and air taxi type twin -engine air- planes and a hand -full of the smallest jets." B-II status provides funding to airports from the FAA on a 90% (FAA)(10% (Kalispell City Airport) basis. This fund- ing becomes available for the improvement to the airport once the FAA has issued a FONSI—Finding Of No Sig- nificant Impact. The FAA completed the Kalispell FONSI late last year clearing the way for Kalispell receiving B-11 status. Funding is available to B-11 approved airports on an ongoing basis after the im- provements are complete. (This sort of funding that Gla- cier Park International Airport has been receiving for years allowing them to keep pace with changes in the aviation industry.) A requirement of the B-11 status is the procurement of land to ensure the airport has the ability to expand at a future date if necessary. The present plan is to modestly increase the current 3,600 feet of runway to 31700 feet, widen the runway from 50 feet to 75 feet, move the runway south by 600 feet, realign it by 5.6 degrees clock- wise, fence the entire airport for security purposes, upgrade the lighting system, and increase storage and parking facilities. These changes will increase safety, and expand airport availability without expanding the type of aircraft landing at the airport. The EA discussed several other alternatives, as well as in a Site Selection Study in July 2001, which included two alternatives at the present site; one site one mile south of the existing air- port; and, two other sites 5 miles east of the present location. In addition, consid- eration of a "No action" alternative and an elimination of the present Kalispell City Airport pro- vided less feasible alterna- tives. After consideration of aviation, economic and user '� inputs, supports the recon- figuration of the airport as / detailed above. The reconfiguration cost estimate is about $6.9 million. Of that amount, the City of Kalispell commit- ment is approximately $690,000. Since its inception, the users of the airport have funded the airport. Leased income derived from hangars, aviation gas tax, user fees and commercial fees generate the airport funds. Proceeds of this reve- nue has allowed for insurance, mainte- nance and upkeep of the lighting and radio system at the airport. Revenue is enough to accommodate the expenses. Several years ago, the city sold airport property on its southern borders which created roughly $1 million from the sale. That money is earmarked for the airport and future airport projects. The reconfiguration to the Kalispell City Airport is an investment into quality growth of our community. Flight train- ing, fire fighting and public service ac- tivities, convenience to resi- dents and out of town visitors, relief and diversion of Glacier Park International Airport traf- fic during times of restricted visibility and high traffic are all solid reasons why we need to tlo-o invest in, not forget about, one of the busiest general aviation airports in the Stat of Mon- tana —The Kalispell City Air- port. Last July the majority of this council voted to raise water rates $0.22/M of which $0.12 was to finance a 25% reserve for our credit card debts and $0. 10 was to finance a new credit card debt to run a water line to Four Corners. The bonds were not purchased so the money raised since last August from that rate increase should already be available. If the new meters being installed do in fact increase revenue the water fund should be in very good shape today. However, there are projects needed in the future to take care of deficiencies in our existing system and a rate increase MAY be necessary after in-depth facts and figures are proven and debated in a workshop. Each council member received a memo from me explaining my position and arguments against using ratepayers money for running utilities to Four Comers following Hwy 93. The water portion of that project is estimated to cost $1.2 million of a $1.9 million proposed 03/04 capital improvement water budget. Rather than reiterating those details, I wish to have that memo with attachments and a copy of this statement appended to the minutes of this meeting so it becomes permanently accessible to interested persons. In addition to statements made in the memo, I must state that this council or the city's staff does not have the expertise or knowledge to know where development will go. Developers spend tens or hundreds of thousands of dollars on feasibility studies to determine the profitability and the proper location of a project based on time and site specific factors. Utilities to Four Corners by ratepayers is pure speculation. Ratepayers are not speculators. I urge this council to hold off on any rate increase at this time. Last July this council voted to raise sewer rates $0. 10/M. The proposed 03/04 budget contains $1.4n-0ion of a $1 .6 million total capitol improvements to the sewerage system for running the sewer to Four Comers. My arguments against raising sewer rates at this time is the same as for water rates. In addition, there is no need to rush the raising of rates, that can be done at any time. We raised rates last July without solid direction, and here we are again. To: Council members andager From: Bob Hafferman 1man 6- Subject: Utility rate increases Date: May 14, 2003 I want to be sure all council members are aware of why I am concerned about constructing utility lines to Four Comers and why I believe it is not advisable to schedule a public hearing for rate increases at this time. Also attached, for those who may not have seen it, is a letter I wrote to Editor which generally explains my position. First, the Facilities Plan is an important planning document. It is a master plan that, if used properly, helps guide planners, developers and administrators to meet the needs of growth as growth occurs. It also calls attention to deficiency in the existing systems; also,using the best available data, tries to predict needs in the future (in this case to 2020) and envisions a graphic plan to meet those needs. Bear in mind that the graphic plan (picture) does not necessarily show details of how to get from point A to point B as that can only be determined by a site and time specific analysis. Second, the Rate Study is a guide document to determine if current rates are adequate to fund elimination of deficiencies and operate, repair and replace our existing system. The rate study being completed also includes financing of a predetermined growth. It is for this reason that this council should insist, before any determinations are made on a rate increase, that the study include what percentage of the proposed rate is O&M costs and what percentage is new, predetermined growth. Included in the rate study was funding for predetermined utility lines to Four Corners. This study assumed that our existing rate payers would finance the extension of these utilities. Under our existing rules and regulation and under allowable financing by private utilities this is not allowable. (Enterprise ul accounts are intended to mirror private enterprises as they are not considered a necessity exclusive to the city operation). I call to your attention Item 13, Implementation Strategy of the recently adopted Growth Policy, sections 7a that requires developers to install infrastructure needed to serve their development. Ratepayers are not developers. In studying the Public Works Department outline ofprojects presented at the February 20 Workshop, there appears other predetermined growth projects in the next 5 years that should be developer, not ratepayer, financed. The question must also be asked - can some of the necessary ratepayer projects be developed over a longer period of time? Without details, what is anticipated in the next 5 years? Attached is a clipped article from the Daily Inter Lake oy Jim Robischon that succinctly states how utilities operate. I did not personally know Mr. Robischon prior to his letter. He, now retired, was the legal consul for the Montana Public Service Commission for many years and was associated with utility companies throughout Montana. His knowledge should be valuable to this council. In-depth planning is the responsibility of the staff. It is the responsibility of this council to balance thefine-linebetween recommendations of the staff and concern about our citizens cost -of -living More to the story of city water rate hikes j3, b3 Letters to the editor Your article in Thursday's Valley sec- tion did a good job in trying to explain the City Council's dilemma with regard to,raising rates for water, sewer and storm drainage. But the city residents need to know the full story. Your article noted the $1.8 million to extend water and sewer lines along U.S. 93 to Four Corners. Fast, that project is contrary to exist- ing regulations that have existed for over-20 years -which requires develop- ers to install all infrastructure needed to serve their development: Even the recently adopted Growth Policy reiter- ates this requirement. User rates are to pay to maintain, repair and replace infrastructure, not.to build to serve new development. Second, there is no urgent need to install the water and sewer in the high- way right-of-way. In fact, it would be better not to have these utilities in the right-of-way sing future needs for repair and service connections would be safer if,they�were not within a heavi- ly traveled area. The utilities to Four Corners can be installed by developers as the city grows by placing them in an easement along the rear of the proper- ties on the west side of U.S. 93 and along Willow Glen. There are also other ways to reach Four Corners without follow- ing U.S. 9$. . Third, the article intimated that the existing utility customers will be reim- bursed for their "investment" and that connection fees for new customers along the new lines will be higher. The city can only charge connection fees approved by the council and that fee is based on all new customers paying the approved rate for their.type.of service. There is also.. a "Developers Extension Agreement,'�tinstituted in 1982, Which.. allows dey_ lopers to recapture part of their ,investment by allowing:"latecom- ers':' to hook onto a new line if they reimburse the developer for their fair share. This also prevents freeloaders from waiting for someone else to install a line. But the developer never; to my knowledge, fully recovers ;the total cost of installing the lines. This $1.8 million should not be spent using ratepayer's money as an "invest- ment"; that's speculation. Homeowners, renters and business people need to pay attention. It's your money. -Robert Hafferman, Kalispell Water rate P ra alrls -unreaspnable By jIM ROBJS66O The. Daily. Inter Lake recently pub- lished a story,, by William Spence, in which Kalispell City. Manager Kukuls- ki and ,Public: Works Director Hansz defended the proposed 39. percent increas0nlalispell's sewer, water and,stopin-water rates. According to this story, the Kalispell City Council "..seemed to feel the recommended rate increases are appropriate and reasonable.. " Guest While that may be the prro on Opinion increase that is relat- ed to the `hew fiiran- cial "ofthe� ater:.depwtnent, its";r witH'th�at po'rt3on oftlie ' prcTrate ' for the extension of the water and ` waste/storm water facilities beyond the Kalispell city.limits along the U.S. 93 South corridor. Such a rate increase us neither "appropriate". nor "reasonable.,, In order to qualify as an "appropri- ate" rate increase, the increased rate revenue must by applied to the acqui- sition of utility facilities that are nec- essary, used or. useful in the current operation;of the utility.serv'ce. The extension of facilities -outside the cur rent Kalispell,water system is none of those. The current customers of the Kalispell water department will get along, just fine, without the addition of the extension In order to qualify as a."reasonable rate increase; the increased rate rev- enue must be justified by fhe direct cost of service to the customers who will bear the burden of the rate increase. The expenditure of $1.8 mil- hon for -the extension -of facilities out- side the current Kalispell water Sys- tem is completely unrelated to the actual cost of serving the existing Kalispell water department cus- tomers. In charging the current customers an additional $1.8 mullion for the extension of facilities, the city of Kalispell will be unreasonably over- , charging its water customers; based on the actual cost of serving those cus- tomers. -As originally discussers, the pro- posed extension of facilities was to be funded by the sale. of city -owned prop- erty at the south end of town. Appar- ently these funds have been or will be diverted to another municipal pur- pose or are no longer available. In any event it isn't up to the hard-pressed city water utility customers to pick up the tab for the failure of that "funding mechanism." Contrary to what, apparently, the majority of the Kalispell City Council believes, the $1.8 million water -rate increase to fund the extension of facil- ities outside the Kalispell water department service area, along the U.S. ' 93 South corridor, is neither "appropriate" nor "reasonable." Unless it is shown that such an exten- sion of facilities is required to secure the safety and reliability of the exist- ing city water system, the current city water rate payers should not be required to pay for it. ':) .. >Kalispell water customers should contact their City Council representa- tives and the mayor and voice their objections to the proposed increase. It is imperative that you make such a contact soon. The city management would like to have the rate increase approved by July 1. . Just in time for the sprinkling sea- son. Robischon is a resident of Kalispell. ;a Y '