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
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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.
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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.
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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
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