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06/02/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 2, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER DON COUNSELL WAS ABSENT. COUNCIL MEMBER FRED LEISTIKO ARRIVED AT 7:07 P.M. Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Public Works Associate Civil Engineer Frank Castles, Police Chief Frank Garner, Parks and Recreation Director Mike Baker, Fire Chief Randy Brodehl and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Peters 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 May 19, 2003 2. Award Bid — Sewer/Street Maintenance Building Construction Four bids were received for the construction of a new vehicle and equipment storage building. Bids were received from Davidson Construction, Intermountain Industrial, Northwest Building Systems and Synergy Builders. Staff recommended the bid be awarded to Synergy Builders in the amount of $136,468.00. 3. Postpone Award of Bid — Three Mile Drive/Meridian Road Junior High School Water Mains Project Six bids were received for installation of new water mains in the vicinity of the Junior High School near Three Mile Drive and Meridian Road. Bids were received from Nupac, JTL Group, Sandon Construction, Sandry Construction, Settle Services and Timberland. Staff recommended the bid award be postponed until June 16th in order to allow sufficient time to analyze the bids. 4. Council Confirmation — Police Officer Scott McConnell Officer Scott McConnell has successfully completed his one-year probationary period with the Kalispell Police Department and Council confirmation is required. Larson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. STUDENT ISSUES Valerie Tutvedt, 2335 West Valley Drive, Mayor of Kalispell Youth Advisory Council, said the Kalispell City Council Minutes June 2, 2003 Page 1 youth council is currently working with United Way and trying to find ways to make the future skateboard park a safe place to be. She said following the last meeting, the youth council also decided it would like to focus on making neighborhood parks more attractive. Jessica Travis, 1796 South Woodland Drive, said she's a member of the youth council and she's also concerned with the neighborhood parks. She said she used to babysit for several families that live near Airport Road and the parents said the children weren't allowed to go to the neighborhood parks because they're dirty and it's too dangerous. Travis said she'd like to see the community come together to clean up these parks. Erika Wirtala, Sands Surveying, said she's available to answer questions on Ordinance 1457, Ashley Meadows Zoning, along with Resolution 4795 and Ordinance 1462, the annexation and zoning request from Scott and Wanda Grace. Scott Grace, 31 Velva Drive, said he's also available to answer any questions on Resolution 4795 and Ordinance 1462, explaining he is purchasing this property from his grandparents and is planning to build upscale single -level townhouses. ORDINANCE 1457 — INITIAL ZONING — ASHLEY MEADOWS — 2ND READING Tim Knoll requested an initial zoning designation of R-4, Two -Family Residential, for approximately 4 acres of property located at the northeast corner of Bluestone and Denver Avenue. Ordinance 1457 passed on first reading May 19th. Kenyon moved second 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. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1458 — INITIAL ZONING — GETZ — 2ND READING Dorthey Getz has requested an initial zoning designation of B-2, General Business for approximately 3 acres of property located on the south side of Appleway Drive west of Meridian Road. Ordinance 1458 passed on first reading May 19th. Larson moved second 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 2020, and to provide an effective date. The motion was seconded. There was no discussion. Kalispell City Council Minutes June 2, 2003 Page 2 The motion carried unanimously upon roll call vote. ORDINANCE 1459 — INITIAL ZONING — SCHOOL DISTRICT 5 — 2ND READING School District 5 has requested an initial zoning designation of P-1, Public, for approximately 8 acres of land, including Edgerton School. Ordinance 1459 passed on first reading May 19th. Leistiko moved second 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 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1460 — KALISPELL ZONING ORDINANCE — 2ND READING Ordinance 1460 adopts the Kalispell Interim Zoning Ordinance as the permanent zoning ordinance for the City of Kalispell. Ordinance 1460 passed on first reading May 19th. Atkinson moved second 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. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1461 — INITIAL ZONING MEADOW PARK ANNEXATION — 1ST READING Ordinance 1461 establishes the zoning designation for 30 acres in the Meadow Park area as R-4, Two Family Residential, and 19 acres as B-5, Industrial/Commercial. The property, located in the southeast area of Kalispell, was annexed on May 5th. Atkinson moved first reading of Ordinance 1461, 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 Meadow Park Addition No. 323 and further described on Exhibit "A" located in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-5, Two Family Residential and I-1, Light Industrial) to City R-4 (Two Family Residential) and City B-5 (Industrial/Commercial), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kukulski gave a staff report. Leistiko noted there were no comments, either for or against, during the public hearing before the planning board. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes June 2, 2003 Page 3 RESOLUTION 4795 — ANNEXATION REQUEST — SCOTT AND WANDA GRACE Scott and Wanda Grace have requested annexation of approximately one acre of property located at the south end of Fourth Avenue West. Leistiko moved Resolution 4795, 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 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Grace Addition No. 329; to zone said property in accordance with the Kalispell Interim Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson explained the property will be subdivided at some point in the future, but no preliminary plat or development plan has been submitted yet. She said only one person spoke in opposition to the request at the planning board hearing and the planning board is recommending annexation and an initial zoning designation of R-4. Hafferman commented the growth policy requires that all water, sanitary sewer and storm drainage roadway systems must be constructed at developer's expense. He said it will be interesting to see how a cul de sac having a maximum length of 600 feet, or a road extension, will be constructed and where a dead end water main will end up if extended to the furthermost property line. Hafferman added he is disappointed there was no extension of services plan developed for this property, but he's comfortable that no taxpayer or ratepayer monies will be used if the rules and regulations are followed. The motion carried unanimously upon roll call vote. ORDINANCE 1462 — INITIAL ZONING — SCOTT AND WANDA GRACE —1ST READING The Grace's have asked for a zoning designation of R-4, Two Family Residential for the property listed above. Peters moved first reading of Ordinance 1462, 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 Grace Addition No. 329 and further described on Exhibit "A" located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County Montana (previously zoned County R-5, Two Family 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. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1463 — ZONING TEXT AMENDMENT — MARK RHODES —1ST READING Rhodes has requested an amendment to the Kalispell Zoning Regulations to allow limited drive through facilities and residential uses in the B-1 Neighborhood Buffer District as additional permitted uses. Larson moved first reading of Ordinance 1463, an ordinance amending Section 27.13.020 of the Kalispell Interim Zoning Ordinance, (Ordinance No.1439), by amending the permitted uses and conditionally permitted uses in the B-1, Neighborhood Buffer District, and declaring an effective date. The motion was seconded. Kalispell City Council Minutes June 2, 2003 Page 4 Wilson explained Rhodes is in the process of developing a property on the east side of Highway 93 and Nevada Street and would like to construct a small drive -through espresso facility. She said drive -through facilities are not listed as either a permitted or conditionally permitted use in the 13-1 zoning district and after lengthy discussions, a zoning text amendment was proposed to allow drive - through facilities but only with a limited size of 2,000 square feet or less and two drive -through lanes. Wilson said in addition to the amendment allowing drive -through facilities, staff also took the opportunity to do some housecleaning in the 13-1 zone by consolidating some of the uses and including some clean-up language to clarify some of the permitted and conditionally permitted uses currently listed in the ordinance. Leistiko asked if the changes in the uses could leave too much for interpretation. Wilson answered she feels the amendment creates a greater level of discretion for administrative purposes. Olson asked why one of the planning members voted against the amendment. Atkinson explained he felt the espresso facility would be an intensive use in a residential area. The motion carried unanimously upon roll call vote. ORDINANCE 1464 — AMENDMENT TO THE SOLID WASTE CITY CODE — 1ST READING This ordinance amends two sections of the City Code in regard to solid waste services. The first corrects existing language that is inconsistent with State law and the second change amends the fee structure that charges residential lots for City solid waste services regardless of whether the lot is served by private carrier. Leistiko moved first reading of Ordinance 1464, an ordinance amending Chapter 11, Kalispell City Code, to be consistent with Montana State Law and to avoid the double -billing of Kalispell residents receiving private solid waste services and declaring an effective date. The motion was seconded. Kukulski clarified that although the ordinance "will change what we have on the books, it will not change what we've consistently done", adding the city has never double billed anyone. Atkinson asked if this amendment is directly related to the City's recent agreement with Evergreen Disposal. Kukulski said the code amendment and the agreement are two separate issues, however, part of the agreement does require the City to amend the language concerning double billing. The motion carried unanimously upon roll call vote. RESOLUTION 4796 — CALL FOR PUBLIC HEARING — BUDGET AMENDMENTS A public hearing is scheduled for June 16th on eight amendments to the 2002-2003 fiscal budget. Atkinson moved Resolution 4796, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2002-2003 budget adopted by the City Council. The motion was seconded. Kalispell City Council Minutes June 2, 2003 Page 5 Kukulski gave a staff report. The motion carried unanimously upon roll call vote. BOARD APPOINTMENT — CITY PLANNING BOARD AND ZONING COMMISSION Two applications were received for one open seat on the City Planning Board. Mark Brechel and John Hinchey have requested appointment. Mayor Kennedy recommended John Hinchey be appointed to the City Planning Board and Zoning Commission. Leistiko moved the Council accept the Mayor's recommendation and appoint John Hinchey to the City Planning Board and Zoning Commission. The motion was seconded. Hafferman commented the Council just appointed Hinchey to the Parking Commission and he's opposed to citizens serving on more than one City board. Hafferman said he's always heard how hard it is to get people to apply for boards and they certainly won't apply if only "a relative few" are appointed. The motion carried upon vote with Hafferman voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Mayor Kennedy thanked Hedges School students for replacing the tulips that were destroyed at City Hall with their hand -made ones, and she thanked the students from Elrod School for participating in the parking lot clean-up project downtown. Mayor Kennedy also congratulated Flathead High School girl's softball team for winning the 2003 AA Championship. Larson informed members that Alec Hansen, the Executive Director for Montana League of Cities and Towns will be in Kalispell next week to present a legislative overview. Kukulski said the Flathead Builders Association has invited Council members to a meeting on June 25th at Roccos. He said the FBA will present information regarding the impacts of housing and construction on our local economy at Rocco's and would like to know how many will be able to attend. ADJOURN The meeting was adjourned at 8:15 p.m. ATTEST: ?X, -ILI Teresa White City Clerk Approved June 16, 2003 Kalispell City Council Minutes June 2, 2003 Page 6