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09/02/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, SEPTEMBER 2, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS BOB HAFFERMAN, DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBERS JIM ATKINSON, RANDY KENYON AND TED POLER WERE ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz, Community Development Director Susan Moyer and Tri-City Director Torn Jentz. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Leistiko moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular MeqtLng. Auggstj8 2003 2. Ordinance 1479 — Initial Zoning — Ashley Park Phases V, Vl, VI1— 2nd Reading Somers Land Co. has requested an initial zoning designation of R-4, Two Family Residential, for approximately 31 acres located on the west side of Airport Road and south of Teal Drive. Ordinance 1479 passed on first reading August 18th. 3. Council Confirmation — Police Officer Nathan Vannoy Officer Vannoy has successfully completed his probationary period with the Kalispell Police Department and Council Confirmation is requested. 4. Proclamation — Youth Soccer Month — September, 2003 Larson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. C. STUDENT ISSUES None. D. HEAR THE PUBLIC Lune Axelsen, 604 Sunnyside Drive, stated she's concerned with the Sunnyside Subdivision and the impact the additional traffic will have on the area and on the number of speeders already on Kalispell City Council Minutes September 2, 2003 Page 1 Sunnyside Drive. Axelsen also commented it's difficult to make a left turn at the intersection of l st Avenue East and 1 st Street East, and asked the Council to have the sound system checked because the sound is extremely distorted on television. Erica Wirtala, Sands Surveying, spoke in favor of the final plats for Sunnyside Subdivision Phase 1 and Ashley Park Phase VI and said she's available for any questions. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EIl. RESOLUTION 4828 — AMENDING THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT This resolution amends Resolution 4797 creating the Downtown Business Improvement District. Leistiko moved Resolution 4828, a resolution amending Resolution 4797 creating a Business Improvement District pursuant to the terms of Title 7 Chapter 12 Part II of Montana Code Annotated. The motion was seconded. Kukulski explained that in order to satisfy concerns expressed from several banking institutions, language has been added to the resolution stating the BID board shall have no authority to seek a levy of assessment upon property within the district until it has obtained an additional 25% tax assessed valuation added into the district by voluntary expansion. Leistiko stated the only change requires members of the BID, not the City, to increase the district's size prior to any assessments. He said the City needs to move forward and pass this resolution. Hafferman commented this whole procedure has been fraught with one problem after another and his preference would be to throw the whole thing out and start over. He said he believed a BID would be good if it unifies the community, unfortunately, from what he's seen it appears to be tearing the business community apart. Hafferman stated what's even more important is that the 2003-2004 budget contains $25,000 for this BID and State law says the members of the BID will pay all costs. He said he's against using taxpayers' money for "welfare for the BID". Mayor Kennedy also stated it's time to move on and she disagreed that it's splitting the downtown businesses. She said there were some differences of opinions, but through several meetings a BID has been created that she feels will meet the needs of the majority of downtown businesses and will be successful for everyone. Mayor Kennedy noted the 25% should not be hard to obtain since the Kalispell Center Mall has already expressed interest in joining. She said as far as providing "welfare" to the BID, anytime the City can help with the economic improvement of the downtown business district and the health of the community she doesn't see it "as any type of welfare what so ever". Peters described the amendment as a "creative choice for getting this thing off the ground". He said the banks have stated they are not against the BID, but want to make sure it's successful. Peters said he sees the 25% addition as a positive. He asked, however, if adding this amendment is proper procedure. Harball answered State law doesn't restrict the City from putting contingencies on a BID. Larson spoke in support of the BID stating the thought that it's splitting the downtown businesses isn't borne out by the percentage of the people in favor of it. Kalispell City Council Minutes September 2, 2003 Page 2 The motion carried upon roll call vote with Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. E/2. ORDINANCE 1468 —REGULATIONS —DOWNTOWN BUSINESS IMPROVEMENT DISTRICT — 2ND READING (TABLED AUGUST 4TH) Ordinance 1468 establishes the regulations for the Downtown Business Improvement District. Ordinance 1468 passed on first reading June 16th. Larson moved to remove Ordinance 1468 from the table (An ordinance establishing the regulations of the Kalispell Downtown Business Improvement District, authorizing the City Attorney to codify this ordinance and declaring an effective date). The motion was seconded. The motion to remove carried unanimously upon roll call vote. Kukulski remarked nothing has changed from the first reading. Peters asked if the next step is appointing a board. Kukulski answered the first step is actually advertising for members and once letters of interest are received the Council will then appoint a seven -member board Second reading of Ordinance 1468 carried upon roll call vote with Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. E/3. FINAL PLAT — SUNNYSIDE SUBDIVISION PHASE 1 TABLED AUGUST 18TH This is a request for final plat approval of Sunnyside Subdivision Phase 1, a 7-lot residential subdivision located on the west side of Boise Avenue south of Sunnyside Drive. Preliminary plat approval was granted by the City Council on October 7, 2002. Leistiko moved to remove the final plat approval and acceptance of the subdivision improvement agreement for Sunnyside Subdivision Phase 1 from the table. The motion was seconded. The motion to remove carried unanimously upon roll call vote. There was no discussion. The final plat and acceptance of the subdivision improvement agreement for Sunnyside Subdivision Phase 1 carried unanimously upon roll call vote. El4. RESOLUTION 4829 — FINAL PLAT — ASHLEY PARK PHASE VI This is a request for final plat approval of Ashley Park Phase VI, a residential subdivision with 3 single family lots and 14 duplex townhouse lots on approximately 3 acres located on the west side of Airport Road at the west end of Teal Drive. Preliminary plat approval was granted by the Board of County Commissioners on May 10, 1994. Leistiko moved the Council accept the subdivision improvement agreement and approve the final plat for Ashley Park Phase VI. The motion was seconded. Kalispell City Council Minutes September 2, 2003 Page 3 Jentz gave a staff report. There was no discussion. The .motion carried unanimously upon roll call vote. E15. ORDINANCE 1480 — ZONE CHANGE — NATIONAL FLOOD SERVICES — 1ST READING National Flood Services is requesting a zoning designation of B-3, Community Business, on property located northeast of Corporate Drive. The property is currently zoned RA-1, Low Density Residential Apartment. Larson moved first reading of Ordinance 1480, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as Assessor's Tracts 2CC, 2CCA and 2CF located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned City RA-1, Low Density Residential Apartment) to City B-3 (Community Business) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Jentz explained National Flood Services would like to expand and the zone change, proposed for property immediately north of the existing National Flood building, is necessary to allow the business to stay in the same location and expand on -site. There was no discussion. The motion carried unanimously upon roll call vote. E/6. RESOLUTION 4830 — MILL LEVY CORRECTION This resolution corrected an error in the mill levy adopted August 4th for the City of Kalispell and the levy for the City -County Health Department. Larson moved Resolution 4830, a resolution correcting Resolution 4814 and the annual tax levy for the City of Kalispell and the City —County Health Department for the City of Kalispell, Montana, for the Fiscal Year 2003-2004. The motion was seconded. Kukul ski explained basically there was an error in utilizing the calculation formula in calculating the mill levy value. He said the value was actually underestimated by $817 per mill. Kukul ski said with the change, approximately four and a half mills will be deducted from the overall mill levy bringing in the exact same dollar figures as were originally estimated. He thanked Robertson for finding the error so quickly and bringing it to his attention for correction. Kukulski said the other change is in the City -County Health Department levy. He explained at the time the Council approved the health levy, the County had not performed the calculations necessary to determine the exact amount necessary. He said it was originally thought that 5 mills would cover the budget, but an actual 5.09 mills is needed to reflect the same levy amount as the County. Hafferman stated the reduction in the mill levy is welcome and brings his City property taxes closer to neutral. He asked all Ward 1 taxpayers to call him when they receive their tax notices and let him know whether their total City taxes increased or decreased. Kalispell City Council Minutes September 2, 2003 Page 4 The motion carried unanimously upon vote. E/7. RESOLUTION 4831— STOP SIGNS The Police Department is recommending the installation of stop signs at nine intersections to better clarify who has the right-of-way. (West Washington at 7th Avenue WN, West Oregon at 7th Avenue WN, West Nevada at 7th Avenue WN, West California at 7th Avenue WN, 3rd Avenue West at 12th Street, 2nd Avenue West at 12th Street, 6th Avenue West at Sunnyside Drive, 7th Avenue West at Sunnyside Drive, 9th Street East at 7th Avenue East) Leistiko moved Resolution 4831, a resolution approving the placement of various stop signs and declaring an effective date. The motion was seconded. Garner gave a staff report. Mayor Kennedy asked the Police Department to look into the speeding problem on Sunnyside Drive and determine if there's something more the City can do to slow traffic. The motion carried unanimously upon roll call vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski stated he recently worked in the field with the firefighters/paramedics and commended them for their professionalism and extreme compassion they showed for patients. He said he also rode with police officers and witnessed the same positive approach in dealing with individuals. Larson noted a 5th Monday meeting is scheduled for the cities and county September 29th in Columbia Falls and said if there's no objection, he would like to place an item on the agenda to discuss how the cities and county can work together to stop the proliferation of septic systems. There was no objection. Mayor Kennedy commended the Community Development department on the senior housing project on 2nd Avenue West stating it's a wonderful asset to the community. Olson commented the Council should be doing whatever it can to encourage Bucky Wolford to bring the proposed mall north of Kalispell into the city limits. ADJOURN The meeting was adjourned at 7:57 p.m. ATTEST: ZZ Theresa White City Clerk Approved September 15, 2003 Kalispell City Council Minutes September 2, 2003 Page 5