03/19/01 City Council Minutes1744
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MARCH 19, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, RANDY KENYON, DUANE LARSON,
FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS
KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBER
DALE HAARR WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Leistiko moved approval of the Agenda. The motion was seconded by
Scarff.
There was no discussion.
The motion carried unanimously upon vote.
Boharski announced Leistiko has to leave the meeting at 8:00 p.m.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting March 5, 2001
2. Approval of Claims per Payables Register - $372,619.61
3. Award Bid - Aerial Lift Truck for Traffic Signs & Signals
One bid was received from Pacific Utility Equipment Company in
the amount of $29,700.00 for a 36' Versalift aerial man -lift
on a 1994 Chevrolet HD3500 chassis.
Scarff moved approval of the Consent Agenda. The motion was
seconded by Larson.
There was discussion.
Scarff suggested an explanation of what each payment is for be
listed in the Claims.
Finance Director Amy Robertson said the new computer program
doesn't allow for detailed explanations but the Council is welcome
to call her any time with questions.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Mayre Flowers, CFBF, encouraged support of Senate Bills 213, 232
and 470.
ORDINANCE 1380 - MOUNTAIN VIEW PLAZA PLANNED UNIT DEVELOPMENT - 1ST
READING
Crosswell Development LLC and Pack & Company are proposing a
commercial development at the southeast corner of Highway 93 and
West Reserve Drive.
Leistiko moved first reading of Ordinance 1380, an ordinance
approving a Planned Unit Development on certain real property owned
by Pack and Co. The motion was seconded by Van Natta.
There was discussion.
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1745
Kenyon asked why the environmental issue wasn't raised prior to
last week.
Kukulski explained environmental assessments were completed as part
of the original "Domesite" PUD and felt the issue had already been
dealt with. He said the staff feels comfortable the environmental
aspects have been addressed and apologized for not discussing it
with Council members earlier.
Public Comment
Wendell Dunn, Whitefish Attorney, stated he's concerned that a new
environmental assessment wasn't done. He said he's also concerned
that the Site Review Committee can change the agreement without
Council approval and that a major economic impact study wasn't
done.
Boharski replied the Site Review Committee can only act on "minor"
modifications to the agreement, all "major" modifications must come
before the Council.
Richard DeJana, Attorney for Crosswell Development, complimented
the Public Works Director and City Attorney for their hard work,
and stated he feels the environmental issues have been well
handled, to the point of being "overly protected". He added in the
twenty years he has been practicing law, he has never spent as many
hours on an agreement as he did on this one.
Mayre Flowers, CFBF, stated she feels the bonding and liability
could use some further clarification, along with the size and
number of trees being required and the size of the walkway/sidewalk
along Highway 93. Flowers also asked the Council to ensure that
tools are available to analyze the economic impacts of this
development.
When questioned about the age of the environmental analysis, Neier
answered the staff doesn't feel there has been any additional
contamination since the original analysis and Pack & Co. has agreed
to provide a bond of 125 percent of all cleanup costs. He added
this agreement is a much more detailed than the first and he feels
the City is adequately protected against the "dirty dirt".
The motion carried unanimously upon roll call vote.
RESOLUTION 4605 - RESOLUTION AMENDING THE BOUNDARIES OF SPECIAL
IMPROVEMENT DISTRICT #343
Kukulski explained part of the SID includes the extension of
Heritage Way, which primarily benefits Buffalo Commons Phase V. He
said because of that, Northwest Health Care has agreed to pay the
assessment formerly attached to Wel Care/Heritage Place and the
boundaries have been redrawn.
Van Natta moved Resolution 4605, a resolution relating to Special
Improvement District No. 343; modifying the boundaries of the
district. The motion was seconded by Counsell.
Peter Carroll, Wel Care Attorney, thanked the Council and asked
members to support the resolution.
There was no discussion.
The motion carried unanimously upon roll call vote.
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Boharski commented discussions are continuing and there's a
possibility the project can be done without an SID.
AUTHORIZE ADVERTISEMENT FOR BIDS - SID #343
Scarff moved Peccia & Associates be authorized to advertise for
bids for the construction costs associated with SID #343. The
motion was seconded by Van Natta.
There was discussion.
Larson asked if Peccia & Associates would start on this right away,
if they could wait until a final decision is made on the SID.
Kukulski said the advertisement process takes approximately three
weeks and there will be plenty of time to change the scenario.
The motion carried unanimously upon vote.
RESOLUTION 4606 - SUPPLEMENTAL RESOLUTION AUTHORIZING PARTICIPATION
IN BOARD OF INVESTMENT LOAN PROGRAM FOR SOLID WASTE TRUCK
The City has received approval for a Board of Investments loan for
the purchase of a Solid Waste Truck for the Public Works
Department.
Larson moved Supplemental Resolution 4606, a supplemental
resolution relating to $159,265.00 Solid Waste System Revenue
Bonds, Series 2001, authorizing the issuance, awarding the sale and
fixing the terms and conditions thereof and creating special funds
and accounts and pledging certain revenues as security therefor.
The motion was seconded by Atkinson.
There was discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1381 - ZONING TEXT AMENDMENT - VILLAGE PLAZA - 2ND
READING
This zoning amendment increases the maximum gross floor area of
"retail enterprises dispensing on premise commodities or food" in
the B-1 zoning district. Ordinance 1381 passed on first reading
March 5th.
Atkinson moved second reading of Ordinance 1381, an ordinance
amending Section 27.13.020(15) of the Kalispell Zoning Ordinance,
(Ordinance No. 1175), by amending permitted uses in the B-1,
Neighborhood Buffer District, to increase the allowable gross floor
area of "retail enterprises dispensing on premise commodities or
food" from 3,000 square feet of gross floor area to 4,000 square
feet, and declaring an effective date. The motion was seconded by
Scarff.
There was discussion.
The motion carried unanimously upon roll call vote.
Leistiko excused himself from the rest of the meeting.
SENATE BILL 213
Boharski explained this bill would allow local communities to
consider, with a public vote, different types of local option
taxes.
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Larson moved the Council authorize that letters be sent to the
legislature from the Mayor and the Council in support of Senate
Bill 213. The motion was seconded by Atkinson.
There was discussion.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski announced that he and Van Natta drove to Helena this
morning to attend a hearing on Senate Bill 242, concerning building
code jurisdiction, only to find that the hearing had been moved to
an hour earlier. He said they were given the opportunity to speak,
but he felt it was after the fact.
Larson said a lady recently asked him what the procedure is to get
a stop sign at East Washington and 2nd Avenue East North.
Police Chief Frank Garner said all she needs to do is submit a
written request and the staff can then investigate the need.
ADJOURN
The meeting was adjourned at 8:20 p.m.
ATTEST:
Theresa White
City Clerk
Approved April 2, 2000
1
L5M,F-.Bohar*i 46
Wm. E. Boharski
Mayor
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