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01a. Council Minutes - Regular Meeting May 17, 19991 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MAY 17, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND CITY MANAGER CHRIS KUKULSKI WERE PRESENT. COUNCIL MEMBER GARY NYSTUL WAS ABSENT. 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 Atkinson. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting May 3, 1999 B. Approval of Claims per Payables Register-$529,122.32 C. Authority to Bid - Meridian Road Pedestrian Trail D. 1998 Ambulance Write Offs E. Proclamation - Good Sam Club Clean Up Day Van Natta moved approval of the Consent Agenda as presented. The motion was seconded by Larson. There was discussion. Donahue suggested the Medicare and Medicaid write offs for the Ambulance be done administratively once a month instead of coming to the Council for approval. Kukulski said the issue would be placed on the June 7th agenda. The motion carried unanimously upon vote. 2 PUBLIC HEARING - DOMESITE PLANNED UNIT DEVELOPMENT Domesite L.L.C. has proposed a Planned Unit Development amendment to the Kalispell Zoning Ordinance consisting of creating a Commercial B-2 with a PUD overlay on property owned by Pack & Company and the Montana Department of Transportation north of the City limits between Flathead Valley Community College and West Reserve Drive. Kukulski explained one of the issues settled this afternoon involved bonding. He said staff is recommending a phased bond approach, with the remaining pieces of the project being secured by the property as collateral. Boharski opened the public hearing. The following spoke in favor: Jim Lynch, applicant and property owner David Riddle, representing the developer Ron Christensen, Minneapolis, MN, developer Lori Smith, West Glacier Joe Unterreiner, Chamber of Commerce Executive Vice President Chris Jackola, 1045 Conrad Drive The following_ spoke in opposition: Thomas Tornow, Attorney for Citizens for a Better Flathead Don Bauder, 538 5th Avenue East Bill Breen, 335 Mountain Meadow Road Suzanne Brown, 1535 Foys Lake Road BJ Carlson, 375 Grandview Drive Marye Flowers, Talley Lake Road Paul Stelter, Somers Sue Crawford, 327 Hilltop Avenue Boharski closed the public hearing. RESOLUTION 4476 - ANNEXING DOMESITE Scarff moved Resolution 4476, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property of 51 acres of land located generally at the corner of U.S. Highway #93 and West Reserve Drive and described as Assessor's Tract 3A, 3D, 3E and 4C located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as the Domesite, Addition No. 290, and to declare an effective date. The motion was seconded by Graves. 3 There was discussion. Larson asked for an answer to Tornow's statement that the PUD is illegal because the property is owned by both Pack & Co. and the State, and the State has not joined in the application for the PUD. Assistant City Attorney Richard Hickel said State officials have indicated they would not object to the PUD and therefore it was determined to be a legal procedure. Atkinson commented that even though the agreement mentions a "village concept" for the developments, there is no strict definition of a "village concept" and therefore the developers can create another strip development which isn't what he wants for the City of Kalispell. Boharski said in order to prevent another strip mall, the FRDO staff has required several things including an internal road structure to access the development and buffer zones. He commented this is an extremely restrictive PUD agreement and he's convinced it's going to be a high quality project. Atkinson stated the property is not contiguous to the City and by annexing it, Council would be going against its own policy. Kukulski said that has been discussed and one of the solutions would be to apply the "flag pole" concept and annex the highway. Atkinson moved to table the resolution and not remove it from the table until the application has been reviewed by FRDO and the annexation policy issue has been addressed. The motion was seconded by Larson. The motion failed upon a roll call tie vote with Atkinson, Donahue, Larson and Van Natta voting in favor, and Graves, Haarr, Scarff and Boharski voting against. Haarr said by annexing this property, it's a first step in accomplishing an -annexation plan for the City of Kalispell. He said he's always been in favor of annexing everything within a four mile limit of Kalispell and it's time to let property owners know if they'll ever get city services. Van Natta said he feels like he was "sucked into" agreeing to a zone change for the property because of the Dome, and now it 4 doesn't appear there will be a dome. In addition, he said he's concerned the annexation will precipitate the immediate need for a second fire station. Donahue stated he feels annexation is the key_ to the City's existence, but he doesn't feel the City should create islands. He said if the staff can assure him the property would be annexed properly, then he would be in favor of it. The motion carried upon roll call vote with Donahue, Graves, Haarr, Scarff and Boharski voting in favor, and Atkinson, Larson and Van Natta voting against. ORDINANCE 1312 - ADOPTING DOMESITE PLANNED UNIT DEVELOPMENT - 1ST READING Haarr moved first reading of Ordinance 1312, 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 Graves. There was discussion. Larson stated he doesn't feel comfortable voting on a PUD that was just received this evening and the public hasn't seen at all. Larson voted to table Ordinance 1312. The motion was seconded by Atkinson. The motion failed upon roll call vote with Atkinson, Larson and Van Natta voting in favor, and Donahue, Graves, Haarr, Scarff and Boharski voting against. Van Natta expressed concern that the developers want to put up land as collateral in lieu of bond. Kukulski explained the land is being offered as collateral for the entire project, with an individual bond forthcoming prior to the start of each phase. The main motion carried upon roll call vote with Donahue, Graves, Haarr, Scarff and Boharski voting in favor, and Atkinson, Larson and Van Natta voting against. PUBLIC HEARING - STATE SHOP ADDITION NO, 286 The State Shop Anndxation has been requested by the Montana 5 Department of Transportation and is linked to the Domesite PUD approval. Boharski opened the public hearing. The following spoke in favor: None *- • •. 9• ••N- •M0• •* Boharski closed the public hearing. RESOLUTION 4477 - ANNEXING STATE SHOP ADDITION NO, 286 Haarr moved Resolution 4477, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, --certain real property of approximately 8.883 acres, more or less; described in Parcel 2 of Certificate of Survey No. 12230 situated in U.S. Government Lots 1 and 2 of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, located at the Northeast corner of Highway 93 North and Reserve Drive Northeast of the City limits, to be known as the State Shop Addition No. 286, and to declare an effective date. The motion was seconded by Scarff. There was no discussion. The motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson voting against. REQUEST FROM 2 RIVERS RV RESORT FOR PERMISSION TO HOOK TO THE EVERGREEN SEWER SYSTEM William Lincoln is asking for permission to connect his proposed RV resort to the Evergreen Sewer System with the usage being charged to the City's sewer capacity. At this time, the City's current policy does not allow the use of the City's sanitary sewer system without the property first being annexed. Staff has presented four options for the Council to consider. Larson moved the City accept option number four by referring the issue back to the Evergreen Sewer and Water District for their resolution by giving consent to a revision of their District boundary to include the Lincoln property. The motion was seconded by Van Natta. 0 There was discussion. Haarr asked if the Council would then consider option number one, annexing the property, if the Evergreen District turned down the boundary extension. Kukulski said if the Council indicates that annexation is also an option, then there would be no reason to discuss a boundary extension to the Evergreen District. The motion carried unanimously upon roll call vote. AUTHORIZATION TO DEED STORAGE PROPERTY TO SCHOOL DISTRICT 5 In 1994 the City of Kalispell built a storage building for School District No. 5 on a lot owned by the City near the City Shop Complex. Staff is suggesting the property be deeded to the school district with a reverter clause if the district discontinues its use. Van Natta moved the staff move forward with deeding the property to School District No. 5 with a reverter clause. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon vote. RESOLUTION 4478 - PRELIMINARY PLAT APPROVAL - WESTGATE SUBDIVISION This minor subdivision is a four lot commercial subdivision located on the west side of Corporate Way north of Highway 2. The subdivision contains about 2.4 acres and is zoned B-2, General Business. Atkinson moved Resolution 4478, a resolution conditionally approving the Preliminary Plat of Assessor's Tract 7A, Section 12, Township 28 North, Range 22 West, P.M.M, Flathead County, Montana. There was discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Larson, Scarff, Van Natta and Boharski voting in favor. Haarr was absent. FINAL PLAT APPROVAL - PARKVIEW TERRACE ADDITION #1, LOT 58 Marquardt Surveying is asking for Final Plat approval of the amended plat of Lot 58, Parkview Terrace Addition No. 1 for a two - lot residential subdivision located on the east side of Harrison Blvd and north of Indian Trail. Scarf moved to -adopt the Findings of Fact contained in Staff Report KWP-99-1 and approve the Final Plat for Parkview Terrace Addition #1, Lot 58. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon vote. FINAL PLAT APPROVAL - SUNNYSIDE TOWNHOUSES Bob Cook has requested Final Plat approval for a four -lot __residential subdivision known as Sunnyside Townhouses located on the south side of Sunnyside Drive between Fifth and Sixth Avenues West. Scarff moved to adopt the Findings of Fact contained in Staff Report KWP-99-2 and approve the Final Plat for Sunnyside Townhouses. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. RESOLUTION 4479 - ICMA DEFERRED COMPENSATION PROGRAM This resolution will authorize the City Manager's participation in the ICMA Retirement Corporation Governmental Money Purchase and Trust under a 401K program. Larson moved Resolution 4479, a resolution by the City of Kalispell relating to the ICMA Deferred Compensation Plan. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4470 - AMENDING AIRPORT FEES The Airport Advisory Board has adjusted the current airport fees as directed by the Council. u Donahue moved Resolution 4470, a resolution repealing Resolution No. 3773, revising the fee schedule for use of the Kalispell City Airport, and setting an effective date. The motion was seconded by Graves. There was discussion. Donahue moved an amendment to the resolution by adding the word "aircraft" in Section I, Subsection A to read; a user fee will be assessed against all aircraft, persons, firms, etc. The motion was seconded by Haarr. There was discussion. Parks Director Mike Baker said the intent of the Advisory Board was to assess the fee against the user, and not the aircraft, but he doesn't think the Board would have any problem with the change. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon roll call vote. ORDINANCE 1309 - WATERFORD PLANNED UNIT DEVELOPMENT - 2ND READING Neier explained the changes made at the first reading have been incorporated into the PUD and the agreement is now ready for final passage. Scarff moved second reading of Ordinance 1309, an ordinance approving a Planned Unit Development on certain real property owned by Waterford on Summit Ridge, L.L.C. The motion was seconded by Graves. There was no discussion. The motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson voting against. ORDINANCE 1310 - AMENDING ADMINISTRATIVE CODE - 2ND READING This ordinance requires the City Manager to notify the Mayor and City Council of the expiration of the terms of Citizen Board and Commission members sixty days prior the expiration date. Donahue moved second reading of Ordinance 1310, an ordinance amending Ordinance No. 1166 by requiring the City Manager to notify the Mayor and Council of vacancies on Boards and Commissions VJ appointed by the Mayor and approved by the Council. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1311 - AMENDING FALSE ALARM FEES - 2ND READING The Police and Fire Chiefs have developed an escalating fee schedule pattern for false alarms similar to one being used in Helena. Graves moved second reading of Ordinance 1311, an ordinance amending Ordinance No. 1094, by revising the fee schedule for monitoring burglar and fire alarms by the Police and Fire Departments and imposing a penalty for false alarms, and establishing an effective date. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon roll call vote. AUTHORIZATION TO REFUND SPECIAL MAINTENANCE_ ASSESSMENT - ROBERT & CARLENE PETERS Robert and Carlene Peters have requested relief from City assessments for street maintenance and storm sewer on approximately four acres used primarily for pasture. Neier explained the Peter's property does not generate storm water run off in any large amount and the property is not served by storm sewer. He said Staff feels the Peter*`s' storm sewer and maintenance 4,9-"' assessments should be reduced to the level of that paid by a 10,000 square foot lot, occupied by a residence, within the City. Larson moved a refund of storm sewer and maintenance assessments be made to Robert and Carlene Peters in the amount of $3,374.00 and that future assessments be adjusted accordingly until such time the land use changes. The motion was seconded by Atkinson. There was discussion. Donahue said he doesn't object to the refund, but suggests in the future any refunds should be limited to the current year and the immediate past year. 10 The motion carried unanimously upon vote. APPOINTMENTS TO COMMITTEE - CITY ATTORNEY'S ANNUAL EVALUATION Mayor Boharski informed the Council that members Graves and Scarf will assist him in carrying out the City Attorney's annual evaluation. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Haarr asked if any headway is being made on claims made by Jerry Begg. Neier said the claims are being reviewed by the City's insurance carrier and suggested the Council not attempt to negotiate any settlement. Haarr said he met with city officials from Stevensville recently and learned the Highway Department is considering a roundabout for the intersection of Highway 93 into Stevensville. He asked Public Works Director Jim Hansz to inquire as to the possibility of a roundabout in our area for the intersection of Highway 93 and Highway 2. ADJOURN The meeting was adjourned at 10:55 p.m. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk