1. Council Minutes - Regular Meeting April 3, 2000A 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
Kalispell City Council Minutes
April 3, 2000
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 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.
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April3, 2000
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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.
Leistiko said the difference is that the developers for Appleway
have no problem with paying for the improvements, they just don't
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April3, 2000
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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.
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April3, 2000
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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 (§3-10.1,
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.
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.
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April3, 2000
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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:
Theresa White
City Clerk
Wm. E. Boharski
Mayor
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