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04/03/00 City Council Minutes1589 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 3, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER 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 Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting March 20, 2000 2. Approval of Claims per Payables Register-$212,116.44 3. Proclamation - Arbor Day Scarff moved approval of the Consent Agenda as presented. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC None RESOLUTION 4546 - ANNEXATION REQUEST FROM DELORES PARTNERSHIP GROUP PINE AND STERNER Delores Partnership Group, Stanley Pine and Marie Sterner are requesting that approximately 8.16 acres be annexed concurrently with an eight -lot commercial subdivision, Appleway Office Complex. Larson moved Resolution 4546, a resolution to provide for alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described in "Exhibit A", to be known as Appleway Office Complex Addition No. 291; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1351 - 1ST READING - INITIAL ZONING REQUEST FROM DELORES PARTNERSHIP GROUP, STANLEY PINE AND MARIE STERNER FOR B-2 GENERAL BUSINESS The above listed property owners are requesting City B-2 zoning, General Business, which allows a wide variety of general commercial, retail and office -type uses. Atkinson moved first reading of Ordinance 1351, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described in Exhibit "A" (previously zoned County R-1, Suburban Kalispell City Council Minutes April 3, 2000 1590 Residential) to B-2, (General Business), in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4547 - PRELIMINARY PLAT APPROVAL FOR APPLEWAY OFFICE COMPLEX Appleway Development Group is requesting preliminary plat approval for an eight -lot commercial subdivision on approximately 11.96 acres. Bill Rice, 117 Bing Court, asked Council to consider that the condition requiring curbs, gutters and sidewalks be postponed until such time as Appleway is reconstructed. Scarff moved Resolution 4547, a resolution conditionally approving the preliminary plat of Appleway Office Complex, located on the north side of Appleway Drive and more particularly described in Exhibit "A". The motion was seconded by Atkinson. There was discussion. Atkinson asked if postponing the installation of curbs, gutters and sidewalks is a legitimate request. Narda Wilson, FRDO, stated as a matter of policy, improvements are required at the time of development. She said that's why staff is recommending the developers submit a waiver to protest a special improvement district for the upgrade of Appleway Drive with the final plat. Wilson said the same type of arrangement was made with the hospital for Sunnyview Drive. Jim Hansz, Public Works Director, said it's a tough call because an SID is the typical way a project like Appleway would be funded, however, he can appreciate the developers' concern about putting improvements in that may be removed later. He said maybe a bond should be obtained for those improvements and when all of the financing can be put together for the entire project, a substantial portion is already secured. Van Natta asked if it would be possible to establish a grade for future road improvements so the curbs and sidewalks could be installed now. Hansz answered it's possible, but when it comes time to actually upgrade, the center line elevation may be totally different than what there is now. Haarr commented that he doesn't see any difference between this preliminary plat and the one proposed for Meadow Creek Subdivision on the corner of 8th Street West and 12th Avenue West. He said on March 6th, the Council told those developers they have to pave the street without using an SID. Hansz said the difference is Appleway is already paved, even though it's not in particularly good condition. He said in the other development, the roads providing primary access are not paved. Haarr said he still feels there's a push to make this development work and there wasn't a cooperative effort to make the other development work. He said they weren't even given the option of an SID. Kalispell City Council Minutes April3, 2000 Page 2 of 4 1591 Leistiko said the difference is that the developers for Appleway have no problem with paying for the improvements, they just don't want to spend the money now when it might be wiser to wait until the entire road is upgraded. Wilson stated another option would be to have the developer upgrade Appleway Drive. Boharski said that option would be consistent with the decision made by Council on March 6th requiring the developers of Meadow Creek Subdivision to provide curbs, gutters and sidewalks on the portions of 8th Street West and 12th Avenue West adjacent to the development without the option of an SID. Larson said just because the Council removed the SID language from the preliminary plat approval for Meadow Creek, it doesn't mean the property owners couldn't petition for one in the future. Kukulski said rather than voting at this time, he suggested the Council table the matter until staff has time to discuss the issue and develop alternatives. Atkinson moved to table Resolution 4547 until the next regular meeting of April 17th. The motion was seconded by Kenyon. The motion carried upon vote with Scarff voting against. RESOLUTION 4548 - RESOLUTION AUTHORIZING BUDGET TRANSFER This resolution authorizes a transfer of funds in the amount of $18,000 from the City's contingency fund to fund expenditures for Municipal Court legal fees. Haarr moved Resolution 4548, a resolution to approve a transfer among appropriations within a general classification of expenditures as adopted by the City of Kalispell Budget for 2000 Fiscal Year. The motion was seconded by Leistiko. There was discussion. Boharski asked how much money would be left in the contingency fund. Kukulski replied about $25,000.00. The motion carried unanimously upon roll call vote. ORDINANCE 1352 - 1ST READING - ORDINANCE ESTABLISHING AN ALCOHOL POLICY ON CITY OWNED PROPERTY This ordinance establishes rules governing the sale and consumption of alcoholic beverages at specified City owned properties, specifically the Hockaday Center for the Arts, the Chamber of Commerce building, the City Airport, the Conrad Mansion and the Central School Museum. Larson moved first reading of Ordinance 1352, an ordinance repealing Ordinance No. 811 §1 and Ordinance No. 813 §1 W-10.1, Kalispell City Code) by prohibiting the sale, consumption or possession of alcoholic beverages in or upon any buildings or other property owned or occupied by the City and upon any street or sidewalk, except certain premises as approved by the City Manager or his designee and establishing an effective date. The motion was seconded by Van Natta. There was discussion. Kalispell City Council Minutes Aprril3, 2000 Page 3 of 4 1592. Leistiko asked how the ordinance would affect City -owned apartments. Neier explained any apartments owned by the City are rented as private property and are not subject to this regulation. Jim Glantz, 154 3rd Avenue East North, stated he feels the approval process should be through the Police Department and not the City Manager's office and added he would also like the Council to place in the ordinance a time limit for a reply from the City once the application is filed. Kukulski stated even though final approval will come from his office, he will certainly apprise the Police and Fire Departments of any applications. He also agreed as far as a reply to an application, the City should have a time limit for approval or denial. Without objection, Council agreed to strike "not later than ten (10) days prior to the event" in Section C, and add a new subsection under Section F stating "such denial or approval of the permit will be granted within ten (10) working days from the time the application is received". The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski reported staff is working hard on the budget process, Stream's first twenty four employees have started training, meetings are continuing with the Evergreen Sewer District Board concerning their request for additional capacity, and a letter was sent to the Commissioners asking them to adopt a casino ordinance similar to the City's. ADJOURN The meeting was adjourned at 8:28 p.m. ATTEST: 11_�1 Theresa White City Clerk approved April 17, 2000 WM.F- .6oharskf . Wm. E. Boharski Mayor 1 1 Kalispell City Council Minutes April3, 2000 Page 4 of 4