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1. Council Minutes - Regular Meeting June 5, 2000A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DUNE 5, 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 with the addition of a Proclamation to the Consent Agenda honoring United States Army Week. The motion was seconded by .Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting May 15, 2000 2. Approval of Claims per Payables Register-$359,130.51 3. Proclamation -United States Army Week Scarff moved approval of the Consent Agenda. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Clare Hafferman, 1337 3rd Street West, criticized the Parks & Recreation Department for its Senior Citizen walking program. PUBLIC HEARING Boharski explained Council will receive comments concerning a proposed Urban Forestry District to plant, protect, preserve and care for public trees in the City. Parks & Recreation Director Mike Baker explained in 1991, a total of 5,149 trees were counted along Kalispell's streets and boulevards with another 2, 500 trees identified elsewhere within the Kalispell City Council Minutes June 5, 2000 City. He said these trees amount to over $20,000,000 in assets to the City. Baker said the proposed urban forestry district will allow the City to properly maintain the current trees, and -plant - additional trees, at an assessment to the average taxpayer of approximately $10.12 annually. He said a cap of $300 will be placed on those parcels that exceed five acres. Baker stated about $120,000 will be raised through these assessments and will allow the Parks Department to commit to a strict hazard reduction program, a planting program that will see the addition of 75 to 100 new trees each year, and a pruning and disease control program. Boharski opened the public hearing. Proponents Chris Moritz, Bigfork Landscape Architect, commended the City for considering an urban forestry district commenting that trees are "green air conditioners". Ben Long, 920 6th Avenue East, said he's a board member of Citizens for a Better Flathead and feels trees are a great investment. Lex Blood, 844 3rd Avenue East, thanked the Council and Parks Director Mike Baker for considering the district and said he'd like even more attention to be paid to the urban areas. Donald Hill, 362 College Avenue, said he's always been impressed with the City's thoroughfares under the arched trees and would like to see them protected. Peggy Casey, 614 llth Street East, commented she's 100% in favor of the district, but suggested the Council use gambling money to support it. Jennifer Reese, 745 4th Street West, said the suggested assessment of $10.00 to taxpayers is well worth it and suggested more trees be planted on the west side of town. Paula Rosenthal, DNRC State Program Manager for Urban Forestry, stated urban forestry activities are hurting across the State because forest service funding has diminished and grants have been rescinded. She said more and more cities are looking toward urban forestry districts to supplement these funds and added the benefits to the community are well worth the investment. Kalispell City Council Minutes June 5, 2000 D- 1 „C 10 Ted Mead, 1026 ist Avenue East, said he's a professional forester and urged Council's support of the resolution. Mark Lennon, DNRC Western Regional Community Forester, said he, works with Bozeman, Great Falls_ and Helena with their urban forestry districts and all three cities agree the districts allow them to address tree care and tree problems in a more timely and cost effective fashion due to consistent funding. Tracy Mayer, 645 6th Avenue East, urged Council to support the district. Opponents Greg Stevens, 31 Lower Valley Road, said he's speaking on behalf of elderly friends and relatives who live on fixed incomes. He said this assessment, along with proposed increases in the utility rates, will have a negative impact on their lifestyles. Fred Hammel, 505 7th Avenue West, said the City's never maintained the trees around his house, he's always done it himself. Bill Miles, 1311 7th Street West, stated "my taxes are high enough." He said the Council needs to learn to pay the bills with the current taxes. Don Buckallew, 896 North Meridian, said he's on a fixed income and can't afford an additional tax. Sharon Demeester, 415 Chestnut Drive, commented she owns commercial property in the City and has seen a 5.8t increase in her property taxes over the past two years. Larry Barrow, 1220 6th Avenue West, said his taxes have increased four times since he bought his home and asked the Council to work with the money it has. Lori Fisher, 1310 6th Avenue West, said she takes care of her own trees and hasn't seen much maintenance form the City in the past. She said if the Council is determined to create the district, then assess everyone a flat rate. Paul Ulberg, 204 Colomba Lane, said he lives in the Grandview Townhouses and they maintains the trees now without City help. Kalispell City Council Minutes June 5, 2000 Page 3 of 10 Russell Crowder, Montanans for Property Rights, questioned where the $120,000 raised through assessments will go and stated he's concerned with the precedence this sets. Pat Baker, 1739 Foys Lake Road, said she's continually being taxed for services he doesn't get. She said there aren't any curbs or sidewalks in her area and no place to even plant trees. Lynda Altenburg, 723 2nd Street East, commented she feels taxpayers are paying enough now to maintain the trees. John Altenburg, 723 2nd Street East, stated one of his lots is all asphalt which will never see trees. Ed Marks, 1305 West Idaho Street, said assessment for his property will be around $250.00. He said he doesn't have any City services and planted the only trees he does have. Kit Hunter, 454 1st Avenue East North, stated he loves the trees, but he sees the district as just another bureaucracy. He urged the Council to use the money the City already has. Boharski closed the public hearing. RESOLUTION 4557-RESOLUTION CREATING URBAN FORESTRY DISTRICT NO. 1 Larson moved Resolution 4557, a resolution relating to Urban Forestry District No. 1, creating the district for the purpose of undertaking certain local improvements and financing the cost thereof and incidental thereto by assessing real property within said district. The motion was scionded by Van Natta. There was discussion. Haarr stated everyone loves trees, but the urban forestry program should be funded from what's already in the budget. He said the City should set up the district, but fund it out of the General Fund. Leistiko commented Haarr must not have been at the same budget sessions as he was. He said when Baker proposed the district as a way to properly care for the trees, the Council agreed it was a good solution. Leistiko said maybe other ways should be looked at for funding, but he feels establishing the district is worthwhile. Atkinson spoke in favor of the Staff, stating they do a wonderful job with the money they have. He said the funds for the district Kalispell City Council Minutes June 5, 2000 Pace 4 nf 10 have to come from somewhere, and the departments don't have any extra. Van Natta said this is a difficult decision, but feels the urban forestry program needs to be established. He said Kalispell is` growing, additional services are needed, and the City is struggling. Van Natta agreed, however, that the Council needs to continue to look at other funding methods. Larson said the trees are a form of infrastructure and they're just as important as everything else. He said he received several phone calls from people who were willing to pay something, but didn't agree with the assessment as proposed. Larson said he supports the concept of the district and agreed that all funding possibilities should be explored. Counsell said the district establishes a method for the City to maintain the trees better. He said he doesn't want to pay more taxes either, but held really hate for the City to lose a "huge asset that draws people to the area". Larson said maybe the issue should be tabled until other funding options are researched. Leistiko pointed out the resolution simply establishes the district, and the decision on how to fund the program will be made at budget time. Van Natta agreed, stating there may be a way to come with additional monies during budget deliberations. He said at this time, the Council is simply establishing the district. Kenyon said he'll vote in favor of the resolution because he feels it's a worthwhile project for long term beautification. Scarff spoke against the motion, stating he will be assessed approximately $500.00 a year. He said the issued should be put on the ballot in November. Boharski stated the Council has done a good job on holding the line on spending. He said he constantly questions budget items in the work sessions, including the purchase of new vehicles and a recent increase in salaries. Boharski said the Council needs to continue to hold the line on spending and he will vote against the motion. Kalispell City Council Minutes June 5, 2000 Page 5 of 10 The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko and Van Natta voting in favor, and Haarr, Scarff and Boharski voting against. ORDINANCE 1354 - 2ND READING - ZONING REQUEST FROM GWENN LEE (LEE'S MERIDIAN BUSINESS PARR) FOR B-2, GENERAL BUSINESS Gwenn Lee has requested a B-2 zoning designation for Lee's Meridian Park which is located on the west side of Meridian Road at the terminus of West Center Street. Van Natta moved second reading of Ordinance 1354, 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 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 Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1355 - 2ND READING - ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES KALISPELL MUNICIPAL CODE It's necessary to recodify Chapter 3, Alcoholic Beverages, in the Municipal Codes to conform with State law regarding licensing and enforcement. The recodification is also necessary to incorporate changes made by Council members over the past few years. Scarff moved second reading c� Ordinance 1355, an ordinance amending Chapter 3, Alcoholic Beverages, Kalispell Municipal Code by amending R.O. 1947, §§ 774, 785, 789, 895, 897, 898; and Ordinance No's 676 § 1, 813 § 1, 836 § 1, 840 §§ 2,5, 874 § 1, and 917 § 1, and 3; repealing R.O. 1947, H 773, 776 and 781 and Ordinance No.'s 840 §§ 4, 6 and 7; 874 § 2, 917 §§ 2, and 4; authorizing the City Attorney to recodify Chapter 3, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded by Atkinson. There was discussion. Haarr said asked Neier if the City can legally restrict alcohol consumption on leased property and whether the City can enforce the condition that requires lessees to provide notice when planning an event with alcohol. Kalispell City Council Minutes June 5, 2000 Page 6 of 10 Neier said he feels the City does have the authority to prohibit the consumption on alcohol in any City owned building, but if the Council wants to revisit the issue then they can do so. He asked however, that members approve the recodification at this time and go from there. Boharski said the reason for the notice is to make sure the different entities have insurance. He said otherwise, the City is the one with the "deep pocket" if something would happen. The motion carried unanimously upon roll call vote. RESOLUTION 4558 - RESOLUTION OF INTENTION TO ADOPT, REJECT OR REVISE THE PROPOSED GROWTH POLICY PLAN AND SET A PUBLIC HEARING In accordance with State law, the Council must pass a "Resolution of Intention" concerning the proposed Growth Policy Plan submitted by the Planning Board. This resolution sets the public hearing date to hear comments on the proposed plan. Kukulski said he has a recommendation for the public hearing date, but would like to know how the Council is planning on handling the July 3rd meeting. Boharski said it's his intention call the meeting to order, not special meeting for July loth. to attend the meeting July 3rd, have a quorum, and then call a Kukulski said if that's the case, then he would recommend the Council schedule the public hearing for July loth. Atkinson moved Resolution 4558, a resolution of intention to adopt, revise or reject the recommended Kalispell City -Council Growth Policy and set a public hearing for July 10th starting at 7:00 p.m. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4559 - RESOLUTION AUTHORIZING A CDBG GRANT APPLICATION This resolution allows the City to file an application to obtain training dollars for Stream. Haarr moved Resolution 4559, a resolution authorizing an application to the Montana Department of Commerce for a Community Kalispell City Council Minutes June 5, 2000 Page 7 of 10 Development Block Grant to provide employee training dollars for Stream International Services. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. CONDITIONAL USE PERMIT - FAITH FREE LUTHERAN CHURCH Faith Free Lutheran Church is requesting a conditional use permit for the expansion of its existing church on property zone at 405 Liberty Street. Van Natta moved approval of the Conditional Use Permit for Faith Free Lutheran Church with the attached conditions. The motion was seconded by Scarff. There was discussion. Haarr asked if the Church owns the property planned for expansion. Dan Breen, Church Council Member, said the Church does not own the property but has a buy/sell agreement on the property if the Council approves the conditional use permit. The motion carried unanimously upon vote. CONDITIONAL USE PERMIT - NORTHWEST HEALTH CARE CORPORATION Northwest Health Care is requesting a conditional use permit for the expansion and remodel of the Kalispell Regional Hospital. Haarr moved approval of the Conditional Use Permit for Northwest Health Care with the attached conditions. The motion was seconded by Larson. There was discussion. David Greer, NW Health Care Consultant, explained the main hospital south will be extensively renovated and expanded. He said the purpose is to upgrade the hospital and to recognize changing technology and health care trends. Greer said in addition, the proposal calls for the rerouting of Sunnyview Lane to the north to create a campus setting for the hospital. He said there will also be a new connection between Sunnyview and Conway on the west side as part of the requirements established by the Planning Board. Kalispell City Council Minutes June 5, 2000 Page 8 of 10 Atkinson said the hospital is planning to reconstruct a portion of Sunnyview Lane during the rerouting and asked if there's a possibility of an SID to continue the reconstruction to Highway 93. Kukulski said that's the hope, however, the City can't guarantee it will get the concurrence of the required 51t of landowners needed to establish an SID. Public Works Director Jim Hansz said he would suggest working with Peccia & Associates to at least get an engineering design for the balance of the road so the City can determine what the costs would be for an SID. Ted ,258 Buffalo Hill Drive, criticized Northwest Health Care for leaving porta potties near his property the last time construction was done and asked that it not happen again. He said he would also like to see landscaping between the hospital and the residential area and stop signs at every exit from the hospital along with right turn lanes into the hospital. The motion carried unanimously upon vote. FLATHEAD REGIONAL DEVELOPMENT OFFICE FISCAL YEAR 2000/2001 ANNUAL WORK PROGRAM The Planning Board has recommended a work program for the Kalispell planning jurisdiction for the next fiscal year and is asking for Council's approval. Van Natta moved approval of the work program as presented. The motion was seconded by Leistiko. There was discussion. Haarr asked if planning staff would look at changing the height limits for construction. Narda Wilson, FRDO, said staff likes to look at different problem areas each year and include them all in one ordinance change. She said she would be happy to look at the height limits. Boharski said he'd also like staff to look at side yard setbacks and how those are administered. He said possibly an administrative variance could be an option for people who want minor changes to the zoning ordinance. The motion carried unanimously upon vote. Kalispell City Council Minutes June 5, 2000 Page 9 of 10 CITY MANAGER EVALUATION REPORT AND RECOMMENDATION At the last meeting, three Council members were appointed to review the annual evaluations and report to the Council. Larson was appointed Chairman. Larson asked Kukulski if he would like to have the meeting closed. Kukulski waived his right to close the meeting. Atkinson moved adoption of the evaluation. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. Atkinson moved adoption of a 3% raise for the City Manager retroactive to May 3rd, 2000, and extend his contract to May 3, 2002. The motion was seconded by Van Natta. There was discussion. The motion carried upon vote with Haarr and Boharski voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski reminded Council that comments on the proposed growth policy plan are due today. Kukulski informed Council he is ;ontinuing to work on annexation issues and has a meeting tomorrow with some people from the Village Greens Sewer District. ADJOURN The meeting was adjourned at 11:10 p.m. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor Kalispell City Council Minutes June 5, 2000 Page 10 of 10