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1. Council Minutes - Regular Meeting July 19, 19991 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JULY 19, 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, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND CITY MANAGER CHRIS KUKULSKI 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 Nystul. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting July 6, 1999 Council Minutes -Special Meeting July 12, 1999 Council Minutes -Special Meeting July 13, 1999 2. Approval of Claims per Payables Register-$249,161.10 3. Award Bid - Downtown Tax Increment Sidewalk Replacement Project - Phase III The City received two bids for this project. Pack & Company bid $118,000.00 with Sandon Construction bidding $86,329.00. 3. Recognition of 25 Years of Service by Sergeant Bob Lanfear The Council and Police Chief Frank Garner commended Lanfear for his many years of service to the City. Atkinson moved approval of the Consent Agenda. The motion was seconded by Van Natta. There was discussion. Donahue commented the Downtown Tax Increment Sidewalk Replacement Project should actually be referred to as the Downtown Urban Renewal Sidewalk Replacement Project. Haarr asked if a claim to Pack & Company for the 1st Alley East project indicates a resolution to a current dispute between Pack and the City. iq Public Works Director Jim Hansz said the claim indicates the City's assessment of fair value of the product received. The motion carried unanimously upon vote. HEAR THE PUBLIC None PUBLIC HEARING - ALLEY ABANDONMENT OF 1ST ALLEY WN FROM WEST MONTANA STREET TO WEST IDAHO STREET (Withdrawn at the request of the Applicant) MERIDIAN TRAIL PROJECT AGREEMENT MODIFICATION This is an increase of $24,088.00 to the construction and development costs for the Meridian Road Walkway, a CTEP project. The City's share would amount to $4,817.60 with the Federal's Share $19,270.40. Parks Director Mike Baker explained the modification involves cost changes involving the railroad crossing, right-of-way acquisition and other construction items. Haarr moved to increase the budgeted amount for the Meridian Road Walkway from $105,060.00 to $129,148.00. The motion was seconded by Larson. There was discussion. Boharski said he doesn't see how the Council can amend the 1999- 2000 budget when it hasn't been adopted yet. Finance Director Amy Robertson said the modification is basically a change in the Preliminary Budget and involves moving money around in the Park's In Lieu of Fund with a transfer into the ISTEA Fund. The motion carried unanimously upon vote. AWARD OR REJECT BID - EL DORITA LIFT STATION IMPROVEMENT PROJECT Four bids were received for this project which would replace sewage lift station #4 on Liberty Street. All bids greatly exceeded the project budget and staff recommended the bids be rejected. Hansz said they hadn't estimated the increase of costs between the time the budget for the project was set and the bids were received. He said there were also additional costs for an emergency generator. Hansz said on advice of Counsel, he would like to readvertise the project with the emergency generator deleted. 3 Graves moved to reject the bids for the El Dorita Lift Station Improvement Project and to eliminate the emergency generator from the specifications. The motion was seconded by Scarff. There was discussion. The motion carried unanimously upon vote. RESOLUTION 4492 - PROPOSED AMENDMENT OF TERMS OF THE INDUSTRIAL DEVELOPMENT REVENUE NOTE (KALISPELL CENTER LIMITED PARTNERSHIP PROJECT) AND CALLING OF A PUBLIC HEARING. The original note was issued on December 17, 1984 to finance the acquisition of land and the construction of the Kalispell Center Mall. The primary purpose of the refinancing is to lower the interest rate. A public hearing has been scheduled for August 16.' Kukulski said refinancing fees should net the City approximately $17,000 in fees. Van Natta moved Resolution 4492, a resolution relating to the proposed amendment of terms of the industrial development revenue note (Kalispell Center Limited Partnership Project) of the City; calling for a public hearing thereon. The motion was seconded by Graves. There was discussion. Nystul asked if Kalispell Center Limited has responded to inquiries from Interim Manager Al Thelen concerning their plans to conduct partial demolition to the north of the mall. Kukulski said he hasn't had a formal answer, however the local manager said headquarters should be contacting him within thirty days. Donahue commented prior to the hearing, the public should be informed of the original rate and if possible, the new rate. The motion carried unanUmousli upon roll call vote. ORDINANCE 1330 - - 1ST READING This ordinance updates Ordinance 887 concerning the removal of tall grasses, rubbish and debris which create a fire hazard within the City. Fire Chief Ted Waggener explained the current ordinance doesn't allow the fire department to take any action on overgrown weeds until July 1st. He said the revised ordinance removes that date and also removes the hourly charge a property owner is billed if the City has to cut the weeds. Waggener said instead, staff is recommending the property owner be billed the actual cost of the work plus one hour to cover administrative cost. Atkinson moved Ordinance 1330, an ordinance amending Ordinance No. 887, Sections 10-8 and 10-9 of the Kalispell City Code, to provide for responsibility of the owner, his representative or contract purchaser or the occupant of real property within the City to remove fire hazards therefrom and to be liable for costs of removal thereof if such person fails to remove same after the written notice, and establishing an effective date. The motion was seconded by Larson. There was discussion. Larson said the-- revision is long overdue. He said the July 1st date has always made weed control a problem and there have been several cases where people will wait for the City to cut the weeds because it's cheaper. Donahue said he feels the ordinance is being interpreted improperly. He said the first section states if a person has a fire hazard on their property, it has to be removed, whether it's before or after July 1st. Donahue moved an amendment deleting Section I which would place the July 1st date back in the ordinance. The motion was seconded by Haarr. Larson spoke against the amendment, stating past City Attorneys have refused to enforce the ordinance prior to July 1st and that's the reason for removing the date. Neier said in the past, July 1st has been the starting date for notices and it's been a never ending problem. He said by deleting the date, it gives the fire department the discretion when notices are given. Waggener commented it all builds up to July 1st and when July 1st comes it's a "flood gate for us trying to deal with this." Van Natta spoke in favor of the change stating whether the ordinance is enforceable or not prior to July 1st, the public is aware of that July 1st date and wait for it. 5 Graves agreed, stating there could be leftover weeds from the year before and with a dry spring, there could be a fire hazard in May. Donahue argued the original ordinance would cover that as long as there's a legitimate fire hazard, regardless of the time of year. He said after July 1st, the Fire Chief doesn't have to prove it's a fire hazard for weeds to be ordered removed. Boharski agreed with Donahue and suggested it might make the ordinance clearer if Section 10-8 is broken down into two sentences as follows: "It shall be the duty of the owner, his representative or contract purchaser, or the occupant of real property within the City to remove all dry grass, readily combustible rubbish or debris from said property so that such material shall not constitute a fire hazard. After July 1 of each year all weeds and grasses over eight inches in height constitute a fire hazard for the purpose of this Section." Donahue agreed to withdraw his motion and moved the amendment as suggested. The second concurred. There was discussion. Van Natta moved the matter be tabled until an ordinance can be developed that satisfies everyone. Boharski said the motion would not be in order until the amendment is voted on. The amendment carried upon roll call vote with Donahue, Haarr, Nystul, Scarff and Boharski voting -in- favor, and Atkinson, Graves, Larson and Van Natta voting against. Van Natta moved the matter be tabled until an ordinance can be developed that satisfies everyone. The motion was seconded by Nystul. The motion failed upon roll call vote with Graves, Larson, Nystul and Van Natta voting in favor, and Atkinson, Donahue, Haarr, Scarff and Boharski voting against. Donahue moved an- amendment to insert "and a reasonable administrative fee" at the end of the first sentence in Section II to read..."the City Manager is hereby authorized to remove such material, weeds or grasses and charge such person with the cost of such removal and a reasonable administrative fee" and strike the remaining sentence. The motion was seconded by Haarr. There was discussion. N. Kukulski said he's uncomfortable with the word "reasonable" and he would prefer the Council set a specific amount. Donahue said the fee could be set by the City Manager. Nystul said it would seem beneficial to set different fees depending on the time spent with each property owner. The amendment carried upon roll call vote with Graves, Haarr, Nystul, Scarff and Donahue voting in favor, and Atkinson, Larson, Van Natta and Boharski voting against. The main motion as amended carried unanimously upon roll call vote. ORDINANCE 1326 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - MINIMUM PARKING STANDARDS - 2ND READING This is the second reading of an ordinance to amend Section 27.26.050 (16) (17) & (30) concerning parking requirements for medical and dental offices along with drive -through and fast food restaurants. Nystul moved second reading of Ordinance 1326, an ordinance amending Section 27.26.050 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the "Parking Minimum Standards by Use" of off-street parking, medical and dental offices, changing drive-in restaurants to drive -through restaurants and combining that with fast food restaurants into one category, and declaring an effective date. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1327 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - ADMINISTRATIVE CONDITIONAL USE PERMIT - 2ND READING This is the second reading of an ordinance amending Section 27.34.030 (9) by authorizing the Zoning Administrator to issue an Administrative Conditional Use Permit for any minor amendment to an existing Conditional Use Permit. Scarff moved second reading of Ordinance 1327, an ordinance amending Section 27.34.030 (8) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by creating new Sections 27.34.040 (1) Issuance of a Conditional Use Permit, and 27.34.040 (2) Administrative Conditional Use Permit, and declaring an effective date. The motion was seconded by Larson. 7 There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1328 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - BANKS, SAVINGS AND LOANS AND FINANCE COMPANIES - 2ND READING This is the second reading of an ordinance amending Section 27.14.020 to add Banks/Savings and Loan/Finance and Loan Companies as a permitted use in the B-2 zone. Graves moved second reading of Ordinance 1328, an ordinance amending Section 27.14.020 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by allowing banks, savings and loans, and finance companies as permitting uses in the B-2, General Business District, and declaring an effective date. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1329 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - ADDING AND DELETING CERTAIN DEFINITIONS - 2ND READING This is the second reading of an ordinance to amend Section 17.37.010 (179) and Subsections 27.37.010 (212) (a through o) of the Kalispell Zoning Ordinance. Larson moved second reading of Ordinance 1329, an ordinance amending Section 27.37.010 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the definitions of professional offices and sexually oriented businesses, and declaring an effective date. The motion was seconded by Scarff. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff and Van Natta voting in favor, and Boharski voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski stated the new Code Books have been delivered and he's waiting for direction from the Council as to updating the ordinances. n Haarr asked if everyone has received a copy of a handout from Colorado titled "Parkmaster" and said it might be the answer to the City's parking problems. ADJOURN The meeting was adjourned at 8:12 p.m. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk