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06/28/99 SP City Council Minutes1482 A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 28, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND CITY MANAGER CHRIS KUKULSKI WERE PRESENT. COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Mayor Boharski called the meeting to order. 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. HEAR THE PUBLIC None ORDINANCE 1324 - ADOPTING DOMESITE PLANNED UNIT DEVELOPMENT - 1ST READING Scarff moved first reading of Ordinance 1324, an ordinance approving a Planned Unit Development on certain real property owned by the Department of Transportation, State of Montana and Pack and Co. The motion was seconded by Haarr. There was discussion. Kukulski explained the main change from the last draft agreement is the addition on page 14 which states if Domesite and Pack and Co. opt to rescind the agreement under Section 3.04 (B)(4), then Domesite and Pack and Co. shall petition the City for de - annexation. Van Natta commented he feels the project has been rushed through, but he has concluded the area will be developed eventually, and it would be better under a PUD in the City than piecemeal in the County. Donahue stated on page 20, Section 3.11 (F), the City Council has to approve the final sign design. He said considering the nature of the Council, he feels this requirement would cause "more consternation than anything else we have in this whole agreement." Donahue moved an amendment to the agreement by excluding letter (F) from Section 3.11. The motion was seconded by Larson. There was discussion. Boharski said the Planning Board couldn't agree on how to treat the sign issue, so members decided to turn the matter over to the Council. Donahue said the City's sign ordinance is adequate and he doesn't see any need to bring it back to the Council. Boharski clarified that letter (F) strictly deals with the large sign of the future Dome and isn't dealt with anywhere else in the agreement. Donahue called for the question. The amendment carried upon vote with Boharski voting against. Donahue moved an amendment to Section 7.02 by inserting the words "and any major amendments thereto" so that the Section reads: "This agreement, and any major amendments thereto, shall be recorded in the Office of the Flathead County Clerk and Recorder". The motion was seconded by Haarr. 1483 There was no discussion. The amendment carried unanimously upon vote. Nystul commented he has several reasons he will vote against the ordinance. He said the latest problems with the agreement could have been avoided if it hadn't come before the Council prior to its finalization. Nystul said he doesn't feel it was a good way of handling a major piece of land use planning. In addition, he said even if the project generates around $130,000 in tax revenue, it still isn't enough to staff a new fire station. Larson said he's been opposed to the project from the beginning, but at this time, he doesn't see any useful value in voting against it. He said he hopes it succeeds and doesn't hurt the viability of the downtown. Donahue stated he feels the delay has produced a better agreement than the City had previously. He said the City is fortunate to have developers who are willing to pay their own way, with proper sewer and water facilities and streets. Boharski agreed, saying the delay has caused frustration but he also feels the City now has a better agreement and the most important thing is that it isn't going to cost the City anything. The main motion with amendments carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Nystul voting against. RESOLUTION 4491 - RESOLUTION AMENDING THE BUDGET TO APPROVE THE MONTANA AIR QUALITY EQUIPMENT AGREEMENT FOR THE BUDGET YEAR ENDING JUNE 30, 1999 This is a "housekeeping" resolution for the recording of the Grant revenue and the receipt of two street sweepers provided by federal grant money. Larson moved Resolution 4491, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 budget adopted by the City Council for the 1998 Montana Air Quality Equipment Matching Funds Agreement (MACI). The motion was seconded by Haarr. There was discussion. Donahue said the resolution isn't complete. He said the resolution has to include that the City is amending the City appropriations. Neier said he would add the appropriate wording. Scarff moved to amend the resolution to include the City Attorney's language. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon roll call vote. ADJOURN The meeting was adjourned at 7:26 p.m. Wm-E .Bdhars I Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk approved July 6, 1999