07/20/98 City Council Minutes1307
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JULY 20, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR,
DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF'I, CITY
ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Nystul moved approval of the Agenda with Agenda Item #6 being placed
before Agenda Item #2. The motion was seconded by Haarr.
There was discussion.
Neier said he has advised the Mayor that it would be inappropriate
to accept any further comments concerning the proposed amendment to
the Master Plan. He said the time for the public hearing was duly
announced and everyone was given an opportunity to comment on July
131h. He added he also feels it's inappropriate for Council members
to ask any further questions concerning Resolution 4414, the
resolution adopting the Master Plan Amendment. Neier stated if
evidence is accepted, following the close of the public hearing, the
process is questionable and may be subject to challenge.
Atkinson said he feels there are people who would like to address
this issue on camera that may not have had an opportunity earlier,
and he doesn't feel comfortable stifling public input.
Neier said if the Council wants to hold another public hearing then
one should be noticed, but it would be inappropriate to let people
speak tonight.
The motion carried upon vote with Atkinson and Larson voting
against.
CONSENT AGENDA APPROVAL
A. Council Minutes - Regular Meeting July 6, 1998,
B. Approval of Claims per Payables Register-$666,433.14
Scarf moved approval of the Consent Agenda as presented. The
motion was seconded by Van Natta.
There was no discussion.
Boharski read a Proclamation affirming July 24, 1998 as G. George
Ostrom Day, in honor of Ostrom's 70tr birthday.
The motion carried unanimously upon vote.
RESOLUTION 4414 - MASTER PLAN AMENDMENT
A public hearing was held July 13, 1998 concerning a requested
amendment to the City -County Master Plan to change the land use
designation of sixty acres of land, located generally at the corner
of US Highway #93 and West Reserve Drive, from Industrial to
Commercial. Resolution 4414 would accommodate this change.
Haarr moved Resolution 4414, a resolution adopting a. recommended
amendment to the Kalispell City -County Master Plan. The motion was
seconded by Graves.
There was discussion.
Larson commented he is not opposed to the ValleyDome, however the
Council is not voting on the ValleyDome, it is voting on an
amendment to the Master Plan. He said the amendment will designate
an additional sixty acres of land as commercial and the City doesn"t
need more commercial property.
Haarr stated the City has an opportunity to upgrade Industrial
property to a higher and better use. He said if we can improve the
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lot and character of the land which surrounds our community, then
that's to our benefit.
Nystul asked if it's appropriate to discuss a Planned Unit
Development at this time.
Neier answered the applicants have made it clear they are not in
favor of a PUD, and he doesn't feel a PUD is advisable at this time.
He added the PUD wasn't made part of the findings because it
centered around the valleyDome and not the Master Plan amendment.
Nystul said it would be appropriate, however, to comment on the
policies and goals of the Master Plan when arriving at a decision.
He said there needs to be consideration down the road to make the
development aesthetically pleasing. Nystul said he wants to make
sure the Council will have the ability to implement some control to
assure a "nice looking" entrance into the City.
Atkinson asked "what is wrong with assurances?" He quoted part of
the Master Plan stating, "one of the goals and objectives is to
develop a balance between development codes in the City, and the
rural area, which promotes or directs growth into the City, as
opposed to uncontrolled, unrestrained growth in rural areas."
Atkinson said this is a thirty-five acre growth in a rural area
which is larger than the Kalispell Center Mall. He said this is a
"strip development" and he doesn't feel the amendment, without
conditions, follows the objectives of the Master Plan, especially
since the City has no assurances of anything.
Van Natta said the concept of a sports center is exciting, but it's
now evident there is no guarantee the Dome will be built because the
thirty-five acre commercial area has to be developed first. He said
the project has moved along "way too fast" and there are still a lot
of questions that need to be answered, such as traffic impacts and
fire and police services. Van Natta stated that during some part
of this process, a Development Agreement needs to be made, however,
he does feel this is probably the City's last opportunity to "achieve
something on this parcel for the years to come, other than a big
hole in the ground."
Atkinson said a lawsuit entitled Ash Grove Cement vs,. Jefferson
County has been cited as a reason for not placing a PUD on the
project, however, a letter received from Tom Tornow, the attorney
for Citizens for a Better Flathead, states the case has no bearing
on this situation. He asked that the letter, received following the
publien-hearing, be placed in the record.
Neier answered any correspondence received following the public
hearing cannot be entered into the record.
Donahue said a "lot of emotion, but very few facts- p has been
presented at the various meetings held, and if he had attended the
public hearing on July 13t°, he probably would have voted against
the amendment. He stated despite what the Council -does this
evening, that property will-aevelop. Donahue said although most
people would prefer residential, it's not going to happen because of
the highway. He said because of that, commercial is the best use
for that; area.
Boharski commented most of the concerns expressed this evening are
zoning` .issues which will be addressed during the zoning process.
He said he hopes this land use change, "with all due respect to the
people of Evergreen," changes the commercial corridor in the
Flathead Valley onto Highway 93 which keeps traffic in the Central
Business District of downtown Kalispell.
The ,notion carried upon roll call vote with Donahue, Graves, Haarr,
Nystul, Scarff, van Natta and Boharski voting in favor, and Atkinson
and Larson voting against.
HEAR THE PUBLIC
Clare Hafferman, 1337 3rd Street West, stated she doesn't feel the
City should be paying for Senior trips outside Kalispell. She
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stated people should not be asking the government to provide
recreation from the "cradle to the grave."
Gordon Pirrie, Kalispell Business Owner, said he would like to help
clear up the confusion over funding for the Business Improvement
District. Pirrie said business owners would like the City to budget
$67,000.00 for the initial start up of the BID and then contribute
$25,000.00 annually. He said the funding would be contingent on the
business owners getting a BID started.
Roy Diamond, 533 west Wyoming, stated he is one of the Seniors that
takes advantage of the trips offered by the Parks and Recreation
Department and the reason he enjoys the program is because he can't
take these excursions by himself. He said he has been paying taxes
since 1950 and because of the exercise he gets on these trips, he's
still here today to continue to pay taxes.
Richard Bucher, 202 2nd Avenue East, asked for the City's support of
a teen program. He said he worked for an establishment in town that
offered a non-alcoholic dance center for kids and supporters came
to the Council for help. Bucher stated because the City and County
refused to contribute to the program, the establishment had to
close. He asked the Council to review their values.
Max Battle, attorney for ValleyDome LLC, gave the Council an update
on the project, stating he is very encouraged that a PUD zoning
application will be submitted by December 12t''. He added that he
feels the application deals with a lot of the concerns expressed by
citizens.
PUBLIC HEARING - ADOPTION OF PRELIMINARY BUDGET
This is the date set by the Council for a public hearing on the
Fiscal 1199 Kalispell City Budget. Notice of the public hearing was
published in the Daily Inter Lake on July 8 and July 15. Final
adjustments to the budget will be made at a Special Meeting August
10.
Boharski opened the public hearing.
David Downey, 344 6th Avenue East, thanked the Council for it's
support of Lawrence Park. He said he would like the Council to
budget for further improvements this year, including the removal of
power lines, some kind of dust control on the roads and regular
police patrols of the area.
Cindy Kruse, 485 Orchard Ridge Road, and Dave Parker, the principal
of Peterson School, asked the Council to support playground repairs
at Meridian Park. Kruse said POPS, Parents of Peterson School, has
agreed to volunteer the time and labor, but they need financial aid
from the City.
Richard Regan, 3854 whitefish Stage Road, stated he is another one
of "those Seniors" who really appreciates the Parks and Recreation
programs.
Doris Forkin said she lives outside the City limits but also wanted
to compliment the Parks and Recreation Department.
Vonda Mc Cubbins, 6 Parkway Drive, commented she also loves the
programs offered.
Boharski closed the public hearing.
PUBLIC HEARING - T-. .Y ABANDONMENT
Father Kevin O'Neill at St. Matthew's Church and School has requested
that the City abandon and vacate the alley in Block 95, Kalispell
Original. The alley is platted between St. Matthew's Church/Parking
Lot and St. Matthew's School/Playground. The parish desires to
expand the playground facility and needs the area for the expansion.
The proposal has been duly noticed by posting and publication as
required by law.
Boharski opened the public hearing.
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Prx)nnents
Jim Lynch, 430 Lakehills Drive, explained the abandonment is
necessary for the playground remodeling. He said St. Matthews
Church has provided another access to the parking lot so the alley
can be abandoned.
Opponents
None
Boharski closed the public hearing.
ORDINANCE 1289 - ORDINANCE 1166 AMENDMENT - 1st READING
Neier stated Ordinance 1166 provides that the Manager represents the
City in administration of local government service agreements and
intergovernmental administrative agencies. The ordinance
specifically mentions the County Administrative Board, City -County
Health Board and City -County Planning Board and Zoning Commission.
It has been suggested that the City Manager should not be designated
by ordinance as the City representative on these boards. Ordinance
1289 would require that any appointments to the boards be made by
the Mayor, subject to approval by the Council.
Boharski explained the ordinance was tabled during the July 6tn.
meeting.
Nystul moved to take Ordinance 1289 from the table for discussion.
The motion was seconded by Haarr.
The motion carried unanimously upon vote.
Van Natta said, as he stated at the last meeting, he feels this
ordinance is an erosion of the City Manager form of government. He
said the City Manager is accountable to the Council, whereas Council
members are accountable to no one.
Larson agreed, saying he sees no reason for this ordinance and
doesn't see any reason to change it. He added in the future, he
would like to see a comparison document to compare the original and
the proposed changes.
Boharski suggested striking Number 1 of Subsection b, in Section I.
He said he is not comfortable with appointing a substitute to a
meeting if an appointee is unable to attend.
Larson stated he agrees. He said he mentioned at the last meeting
that a substitute wouldn't be able to "jump in" and understand what's
been -happening.
Donahue said he would rather have a representative of the Council
at a meeting than an empty chair. He added he feels the amendment
will straighten up some discrepancies in the ordinance, such as
Larson being a member of the Health Board. Donahue pointed out if
the Council wanted to follow the ordinance to the letter, then the
City Manager should be on the Health Board and not Larson.
Haarr said he feels a substitute is necessary to represent the City,
whether the person can contribute to the discussion or not. He said
the City needs "as much and as broad a citizen involvement as we
possibly can get" and stated he is favor of the ordinance.
Larson moved to strike Number 1 of Subsection b in Section I. The
motion was seconded by Atkinson.
There was discussion.
Nystul inquired whether a provision has ever been made for an
absence or vacancy on boards.
Neier answered not that he is aware of.
Nystul said on the Planning Board„ if you don't have a quorum, you
don't conduct business. He added the City has not encountered any
serious problems with not having a substitute and he doesn't see the
need for it now.
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Boharski stated even though he brought up the issue, after listening
to the arguments, he agrees that it's very difficult to get anything
done without a quorum.
The amendment carried upon roll call vote with Atkinson, Graves,
Larson, Nystul and Van Natta voting in favor, and Donahue, Haarr,
Scarff and Boharski voting against.
Larson asked the Mayor what his intentions are toward him as a
Health Board member if the ordinance passes.
Boharski answered he doesn't know, but he would guess Larson would
serve out his term which expires in two years. Boharski added even
though the appointments will be made by the Mayor, they will still
require consent of the Council.
Larson said his fear is the appointments will become "political
patronage" and will be given to people who agree with the Mayor.
Nystul commented that historically, the Council has had members of
the public, and/or members of the Council, sitting on the City -
County Planning Board, so in essence, the City has always been in
violation of ordinance 1166.
The main motion carried upon roll call vote with Donahue, Graves,
Haarr, Nystul, Scarff and Boharski voting in favor, and Atkinson,
Larson and Van Natta voting against.
RESOLUTION 441 - ALLEY ABANDONMENT
Neier explained Staff has no objection to the requested abandonment
of the alley, subject to the conditions that the Fire Department has
access to serve the south end of the Church and the west side of the
School; and the Church makes sure utility service in the alley is
not interrupted.
Donahue moved Resolution 4415, a resolution to abandon and
discontinue the alley between 6th Street West and 7th Street West
behind Saint Matthew's Catholic Church in Kalispell, Montana. The
motion was seconded by Graves.
There was discussion.
Van Natta asked if the City will still have access if any utility
work is needed.
Lynch answered the Church is aware that access may be needed to
service utilities and it's not a problem.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting
in favor.
RESOLUTION 4416 - POLICE BLOCK GRANT - SENTING, PIMLIC H AR N
Neier explained the Police Department has applied for a Block Grant
to fund overtime for Police officers engaged in Community Policing
related to juvenile substance abusers, and bike patrols within the
City. He said in order to comply with the grant conditions, the
City must schedule a public hearing to allow public comment on the
receipt and use of the funds. Neier said Resolution 4416 calls for
the hearing and provides for notices.
Atkinson moved Resolution 4416, a resolution calling for a public
hearing on the application for a Local Law Enforcement Block Grant
to fund overtime for Police working overtime related to juvenile
substance abuse and bike patrols in the Business District and local
parks. The motion was seconded by Larson.
There was discussion.
Boharski asked Acting Police Chief Frank Garner if regular shifts
can be paid from the grant.
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Garner answered the grant does not allow funds to be supplanted,
only for the payment of overtime to existing officers.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting
in favor.
BUFFALO COMMONS - SPRINKLING CONNECTIONS
Neier explained Northwest Healthcare is requesting consideration
from the Council in the cost of connecting to City water for
sprinkling services in Buffalo Commons. He said the current City
tariff does not distinguish between sprinkling and general usage for
purpose of connection fees. Neier added that a total waiver of the
connection fee for Northwest Healthcare will cost the water utility
$6,648 in lost connection fee revenue, however it may not be
equitable for the City to charge full connection charges when the
water usage is for a limited time period.
Public Works Director Jim Hansz recommended establishing an
irrigation category to provide a fixed fee and sprinkling rate. He
said by compromising with Northwest Healthcare, you're placing an
additional burden on rate payers. Hansz added discussions on this
matter started several weeks ago and Northwest Healthcare still has
not filed an application for service.
Nystul suggested the City provide Buffalo Commons with the water
service, and in the meantime, research the matter further.
Neier said Northwest Healthcare has spent a lot of money on the
development and he doesn't want to see the trees die. He added,
however, he didn't feel comfortable providing a meter without the
Council's permission.
Nystul said he would agree to providing the development with water
but would like to pursue a standard for handling future irrigation
hook-ups.
Haarr commented that a $3,000.00 or higher connection fee to this
development is discouraging. He said Northwest Healthcare has done
a nice job landscaping that area and the City should encourage more
of that by providing lower fees.
Donahue commented the development should get a reduction because the
City will be selling them more water.
Boharski remarked the situation could be addressed by amending the
ordinance to include irrigation systems. He added the City could
provide water to Buffalo Commons in the meantime, but he would also
like to see a standard set for the future so cases aren't decided on
a one-to-one basis.
Nystul moved the Acting City Manager and Public works Director be
authorized to work with Northwest Healthcare to provide water to
Buffalo Commons and return to the Council with suggestions or
amendments to the City's rules, regulations and tariffs relative to
commercial sprinkling. The motion was seconded by Haarr.
There was no further discussion.
The motion carried unanimously upon vote.
FINAL PLAT - SOUTHFIELD PARK
Richard A. Dasen has requested Final Plat approval on Southfield
Park, formerly Haven Field. Neier said all conditions imposed on the
Preliminary Plat have been met and the bond was received today.
Haarr moved approval of the Final Plat for Southfield Park
Subdivision. The motion was seconded by Scarff.
There was discussion.
Larson asked once the property is subdivided, would Dasen still be
responsible for the payment in lieu of taxes.
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Neier said under the Development Agreement, Dasen is still liable
for those payments.
The motion carried unanimously upon vote.
FINAL PLAT - LANTIS SUBDIVISION
Neier explained the City granted Preliminary Plat approval for the
Lantis Subdivision on June 11, 1118. Lantis has since developed a
portion of the property, located at Three Mile Drive and Liberty
Street, as a nursing facility. Neier said all of the conditions of
the preliminary plat have been met and the Council should approve
the Final Plat.
Van Natta moved approval of the Final Plat for Lantis Subdivision.
The motion was seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
PARKING COMMISSION APPOINTMENTS
Two openings are available on the Parking Commission.
Boharski stated that after soliciting applicants, two people wrote
letters expressing interest and he recommended Vonnie Day be
appointed to the Commission.
Haarr moved that Vonnie Day be appointed to the Parking Commission.
The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon vote.
Boharski said the other applicant is James Thompson and recommended
his appointment.
Haarr moved that James Thompson be appointed to the Parking
Commission. The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon vote.
COUNCIL COMMENTS.T_NFORMATION/QUESTIONS
Haarr informed the Council the City still has a problem with Teton
Terrace as pointed out in a letter from Jerry Begg. He said it
appears the City needs to develop a stormwater plan that adequately
meets the stormwater flows of this development. Haarr asked Neier
and Hansz to resolve the issue as soon as possible.
Donahue stated none of the lots should have been sold without a
stormwater plan.
Narda Wilson of FRDO said she's sure there was a stormwater drainage
plan for that subdivision prior to approval and she will research
it further, but she added stormwater runoff in that area is a
chronic problem because of the way the land slopes.
Nystul stated he feels it's time the Council compensates Neier for
his extra duties as Acting City Manager.
Nystul moved the Council approve added compensation for the Acting
City Manager at a rate of $45.00 per day. The motion was seconded
by Scarff.
There was discussion.
Graves said at $45.00 per day the monthly increase would be
approximately $900.00.
Graves moved an amendment to the motion by making the compensation
$50.00 per day or a flat $1,000.00 per month increase. The motion
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was seconded by Nystul.
Larson said he would like to see a termination date on Neier's
duties to "drive" the Council toward hiring a new City Manager.
Nystul said if everyone is comfortable with November 1st, that could
be added to the amendment.
Craves agreed to add the termination date to the amendment.
Donahue suggested adding November 1st or upon the hiring of a City
Manager, whichever first occurs.
Graves concurred.
The amended motion carried unanimously upon vote.
The main motion carried unanimously upon vote.
Donahue, referring to a letter from the Montana Department of
Commerce, asked why the City's audit for the fiscal year ending June
30, 1997 has not been finalized.
Nystul responded that according to Finance Director Amy Robertson,
the only thing left to be done is the exit conference. He said the
conference was scheduled with former City Manager Clarence Krepps,
but upon his termination, it never took place. Nystul suggested as
soon as Robertson returns from vacation, the exit conference should
be scheduled.
Atkinson moved to adjourn. The motion was seconded by Graves.
The motion carried unanimously upon vote.
ADJOURN
The meeting was adjourned at 10:04 p.m.
WmI.50harS i .
Wm. E. Eoharski, Mayor
ATTEST:
Theresa white
Clerk of Council
approved August 3, 1998
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