03/15/99 City Council Minutes1419
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MARCH 15, 1999, 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, DOUG SCARFF, RON VAN NATTA AND CITY
ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE
PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda as presented. The motion was
seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting March 1, 1999
Council Minutes -Special Meeting March 3, 1999
B. Approval of Claims per Payables Register-$229,865.90
C. Proclamation -Harmony Week
Nystul moved approval of the Consent Agenda as presented. The
motion was seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
RECOGNITION OF OVER 28 YEARS OF SERVICE BY ASSISTANT FIRE CHIEF
ORLAND LELAND
Fire Chief Ted Waggener commended Leland for his many years of
service and presented him with a plaque.
HEAR THE PUBLIC
Unicore Development (Chokecherry Ridge Condos) - Request for
Annexation and Zoning
The following spoke in favor of the request:
Max Battle, Whitefish, Attorney for Unicore
Robert Guditis, A 2 Z Engineering, 662 Country Way
John Vincent, Owner of "Chokecherry Ridge" and co -applicant, Polson
Russ Linnell, 1943 Blue Stone
Creta Lund, 1505 Whalebone Drive
Mona Wagner, 217 Apple Tree Circle
Bruce Long, Great Falls
Ron Lambrecht, Kalispell business owner, Somers
Brenda Vincent, Owner of "Chokecherry Ridge" and co -applicant,
Polson
The following spoke against the request:
Matt Montgomery, 477 5th Avenue East North
Ed White, adjoining property owner, Fernwell Apts. #102
Marge White, adjoining property owner, Fernwell Apts. #102
Sue Ellen Anderson, 484 8th Avenue East North
Jeri Andersen, 476 5th Avenue East North
Steve Cheman, 494 5th Avenue East North
Lance Staub, 459 3rd Avenue East North
Kerry Culver, 461 East California Street
Georgia Staub, 459 3rd Avenue East North
Clara Anderson, 484 8th Avenue East North
Estelle Will, 494 East California Street
Arla Culver, 461 East California Street
Robley Carr, 550 4th Avenue East North
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In consideration of the audience, Boharski proposed moving Agenda
Item #9, the Unicore Request, to the next order of business.
There was no objection.
RESOLUTION 4453 - RESOLUTION TO APPROVE UNICORE DEVELOPMENT'S
(CHOKECHERRY RIDGE CONDOS) ANNEXATION AND ZONING REQUEST BASED ON
PLANNING STAFF' S RECOMMENDATION
OR
RESOLUTION 4454 - RESOLUTION TO REJECT UNICORE DEVELOPMENT'S
(CHOKECHERRY RIDGE CONDOS) ANNEXATION AND ZONING REQUEST BASED ON
PLANNING BOARD'S RECOMMENDATION.
The project under consideration includes the construction of a 10
unit residential cluster development on the north side of
California Street between 5th and 6th Avenues East North. Even
though the Planning Staff recommended approval with several
conditions, the Planning Board denied the request on a vote of 5 in
favor, 2 opposed and 1 excused.
Thelen said he feels there's a serious due process issue here
because changes to the project were received at 4:45 p.m. today and
the staff has not had a chance to review the new information. He
said the Planning Commission had a public hearing relating to the
original project proposal, which has now been significantly
changed. Thelen stated he feels the Council should send the matter
back to Planning Staff to review the new material and the Planning
Commission should hold another public hearing.
Neier agreed,
adding that under administrative
law, all the
information is
supposed to be provided at the time a
public hearing
is held. He
said the Council is only supposed to act on the
record, which
he feels has been "significantly
expanded this
evening beyond
anything that was offered at the Planning Board".
Atkinson moved
the Council re -direct the proposal
to the City -
County Planning Board for reconsideration and public
hearing. The
motion was seconded by Donahue.
There was discussion.
Tom Jentz, FRDO, said it keeps the issues "clean" when it goes back
to the hearing process but he has seen other communities handle it
both ways.
Donahue suggested the Council deny the request and let the
developers start from scratch.
Boharski commented he doesn't see where there has been a
substantive change in the project because the developers are still
proposing a 10-unit condominium complex. He said the only changes
that have been made were those trying to address the concerns of
the Planning Board.
Jentz said the developers, however, still don't have an adequate
site plan and conditions recommended by staff have not been met.
Thelen stated due process is a clear issue, regardless of what the
City has done in the past. He said it's unreasonable to think the
staff can look at a new plan in ten minutes and added in his
opinion, there have been substantive changes.
Battle said he feels the conditions have been met, but if the City
Attorney is uncomfortable with the issue, then the Council should
send it back to the Planning Board.
The motion carried unanimously upon vote.
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AUTHORIZE ADVERTISEMENT FOR BID - CENTRAL SCHOOL NORTH PARKING LOT
Sitescape Associates have prepared plans and specifications for the
north parking lot of Central School and requested the City's
authorization to advertise for bids.
Public Works Director Jim Hansz informed the Council that the
specifications and bid package were received this afternoon and
staff hasn't had a chance to study it. He said his main concern is
the lack of lighting.
Boharski asked if it would be a problem to delay the bidding for
two weeks.
Thelen answered it wouldn't pose a problem to postpone it and it's
another example of receiving the plans at the last minute.
Council agreed to consider the issue at the April 5th meeting.
AWARD BID - FIRE TRUCK
The City received five bids on the purchase of a 1500 GPM Certified
Midship Pumper Fire Truck with Big Sky Fire Equipment having the
low bid of $203,265.00. Thelen explained the low bidder is such
because Big Sky is a Montana Corporation and receives the three
percent bidder's preference.
Graves moved to award the bid to Big Sky Fire Equipment for
$203,265.00. The motion was seconded by Scarff.
There was discussion.
Donahue stated it appears the new fire engine is necessary, but he
still feels the City needs an overall equipment replacement plan.
The motion carried unanimously upon vote.
AWARD BID - RIM DRIVE HEATING SYSTEM- WWTP
This item was authorized for bid by the City Council in order to
place heating elements in the pipes of the secondary clarifier. Of
the five bids received, Garden City Plumbing submitted the lowest
bid of $27,978.00, $520.00 below the engineer's estimate.
Larson moved the Council award the rim drive heating system bid to
Garden City Plumbing & Heating in the amount of $27,978.00. The
motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon vote.
RESOLUTION 4451 - AIRPORT HEIGHT RESTRICTIONS
This resolution will amend Resolution 3306 by changing the
perimeter boundary of the airport to a line which reflects the FAA
transitional and approach surfaces. The passage of this resolution
is important to the Daley Field development, including Rosauers and
the two parcels that have not been sold. This resolution was
reviewed with Morrison-Maierle Inc. and the Airport Advisory Board
and both support its adoption.
Zoning Administrator PJ Sorensen explained there are a number of
problems with the current resolution. He said Resolution 4451 re-
establishes the perimeter boundaries according to FAA requirements,
focuses more on the runway and establishes more reasonable height
restrictions to the Daley Field area.
Atkinson moved Resolution 4451, a resolution amending Resolution
3306 by redefining the perimeter boundary of the landing field of
the Kalispell City Airport. The motion was seconded by Graves.
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There was discussion.
Nystul stated the Phase I Feasibility Study shows the Object Free
Area as 250 feet from the centerline, and the new resolution shows
only 125 feet.
Sorensen says when using the State Statutes, there are certain
limitations, and one of those is that there wouldn't be an Object
Free Area. He said in essence there is still an Object Free Area,
it's just not the ideal size everyone would like to see.
Donahue commented State law requires that you measure from the .
boundary of the airport and not from the centerline.
The motion carried unanimously upon roll call vote.
RESOLUTION 4452 - FIXED ASSET POLICY
Finance Director Amy Robertson has requested a change in the City's
policy for capitalizing fixed assets. 1n 1985, the current policy
of 4" ,L0 plus 5 years life was established by the Finance
Committee. Robertson is requesting the City change the policy to
$2,000 and 5 years, except for computer hardware which would
depreciate over 3 years.
Haarr moved Resolution 4452, a resolution establishing a policy for
the capitalization of fixed assets. The motion was seconded by Van
Natta.
There was discussion.
Donahue suggested that departments should also create a tracking
program for equipment of a lesser value so it doesn't just
disappear.
The motion carried unanimously upon roll call vote.
RESOLUTION 4455 - RESOLUTION AUTHORIZING PARTICIPATION IN BOARD OF
INVESTMENT LOAN PROGRAM FOR PURCHASE OF KUBOTA TRACTOR AND
THERMOPLASTIC APPLICATOR
This resolution is the follow-up paperwork to complete a $37,000
loan for a $22,000 commercial mower and $15,000 thermoplastic
applicator.
Hoharski commented the mower and applicator have already been
approved in the budget.
Van Natta moved Resolution 4455, a resolution authorizing
participation in the Board of Investments of the State of Montana
Annual Adjustable Rate Tender Option Municipal Finance
Consolidation Act Bonds (Intercap Revolving Program), approving the
form and terms of .the loan agreement and authorizing the execution
and delivery of documents related thereto. The motion was seconded
by Atkinson.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1304 - ORDINANCE ESTABLISHING MUNICIPAL COURT FILING FEES
2ND READING
This ordinance establishes fees for the City's Municipal Court at
a level between the fees for Justice Court and District Court.
Donahue moved the second reading of Ordinance 1304, an ordinance
amending Ordinance No. 1166 by establishing civil fees for the
Municipal Court and declaring an effective date. The motion was
seconded by Atkinson.
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There was no discussion.
The motion carried unanimously upon roll call vote.
COUNCIL CObMNTS/INFORMATION/QUESTIONS
Scarff said Council should have received copies of a news article
concerning a noise ordinance in Fort Lupton, Colorado which
requires offenders to meet once a month to listen to an hour of
court -selected music. He said he has asked the Police Chief to
look into the possibility of establishing a similar punishment in
Kalispell and asked Garner if he's looked into it.
Chief Garner answered he needs to discuss it with the Manager and
the City Attorney because it will require changes to the current
ordinance but he feels it would be "do -able."
Donahue asked Neier for an update on the Valley Bank Parking Lot
purchase.
Neier said he's learned this week that the "deed is in the mail"
and the City will have to close on the property in the next few
weeks.
Donahue said he had spoken with Thelen earlier concerning the city
airport and asked him to give the Council a summary of his
experience on City airport operations.
Thelen said when he was in Helena the Airport Authority was
independent from the City, and in Billings, the airport is a
separate department that answers to the City Manager and uses an
advisory committee. He said in his opinion, using an Airport
Authority in the City of Kalispell doesn't make any sense. Thelen
said he feels the airport should be a division of a City department
and in the long term would be much more successful than it is now.
ADJOURN
The meeting was adjourned at 10:30 p.m.
6)m.E.bohar*i
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
Clerk of Council
approved April 5, 1999