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1. Council Minutes - Regular Meeting October 4, 1999A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 4, 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 Scarff. Nystul moved an amendment to the Agenda by adding, as Agenda Item #6, Direction on Updating the Municipal Codes. The motion was seconded by Van Natta. -There was no discussion. The amendment carried unanimously upon vote. The main motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting September 20, 1999 2. Approval of Claims per Payables Register- $618,302.23 Atkinson moved approval of the Consent__ Agenda. The motion was seconded by Nystul. There was discussion. Donahue stated a correction on Page 2 of the Minutes, Paragraph 3. He said his exact quote was "navigable water of the United States". So noted. The motion carried unanimously upon vote. HEAR THE PUBLIC Delores Swanberg, Past President of NW Montana Historical Society, informed Council that officials from the museum service that established the Lewis & Clark Interpretive Center in Great Falls are coming to Kalispell to do a design concept for the Central School Museum. PUBLIC HEARING - FINAL FEASIBILITY/MASTER PLAN STUDY FOR THE KALISPELL CITY AIRPORT The Kalispell City Airport may request federal aid for development at the City Airport. This public hearing is being held for the purpose of considering the social, economic and environmental effects of the proposed development and its consistency with the goals and planning objectives for this area. Tim Orthmeyer, Morrison-Maierle, gave a brief summary of the Final Feasibility Study and stated the site analysis identified five alternatives for the City airport: 1) existing alignment at the current site with B-2 dimensional criteria; 2) five degree realignment of the current runway with B-2 dimensional criteria; 3) current configuration of the airport ($1 million option) which would be 100% City cost; 4) generic location requested by the FAA; and 5) no development which would leave the airport at its current status. He said the preferred option is the five degree realignment with FAA participation. Orthmeyer asked the Council, at a later meeting, to formally adopt the Master Plan Study. Boharski opened the public hearing. Proponents Gilbert Bissell, Airport Advisory Board member, stated the City Airport is much more than "pilots playing around" and encouraged the Council to approve the five degree realignment. Art Thompson, Airport Advisory Board member, reported the results of an Airport Survey done last year. (Letter with survey results is attached hereto and by this reference is made a part of the official record) Jana Goodman, 200 1st Ave. E., said the City Airport is a "wonderful continuing addition" to the City and encouraged Council members to support it. Lex Blood, 844 3rd Ave. E., stated he doesn't oppose the airport expansion, but asked Council to take into account the people that live next to it and the noise factor when choosing an option. Mike Strand, 1258 Foys Lake Road, stated he's had over one thousand pilots complete flight training through the City Airport. He said many flight services, including ALERT, originated at the City airport and he encouraged the Council to support the five degree realignment plan. Kalispell City Council October 4, 1999 Minutes Page 2 of 7 Bill Goodman, 200 1st Ave. E., told Council members the Downtown Business Association supports the airport and its continued growth. Wayne Ristine, 2898 Hwy 93 N., said he's been involved in aviation for about thirty years and the airport is a valuable asset to the area. He encouraged approval of the five degree realignment. Mike Ferguson, Administrator of the MT Aeronautics Division, said the Aeronautics Division strongly supports the airport and its location. He said the Mountain Search Pilot Clinic is held at the airport every year and he asked the Council to proceed with expansion. Russ Crowder, Marion, said the airport has been neglected for a long time and he encouraged the Council to support the airport and give the Advisory Board "room to work". Opponents None Boharski closed the public hearing. Neier said the public hearing will not remain open but Morrison- Maierle will accept written comments for two weeks. Kukulski stated after the comment period expires, Morrison-Maierle will provide an addendum to the study and he would expect the Council could take action on the Master Plan sometime in November. POLICE OFFICER CONFIRMATION Sebastian Dobis has successfully completed his one-year probationary period as a patrolman for the Kalispell Police Department and Council confirmation is required. Larson moved confirmation of Officer Sebastian Dobis. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon vote. RESOLUTION 4511 - A RESOLUTION MAKING THE ANNUAL TAX LEVIES FOR THE CITY FOR FISCAL YEAR 1999-2000 Boharski explained the resolution will set the mill levy at 114.25, which is approximately three mills higher than last year due to the change in valuation on property. Kalispell City Council October 4, 1999 Minutes Page 3 of 7 Graves moved Resolution 4511, a resolution making the annual tax levies for the City of Kalispell, Montana, for the Fiscal Year 1999-2000. The motion was seconded by Nystul. There was discussion. Boharski commented that taxes are based upon both the mills and the valuation. He said personally, the valuation of his house went up forty one percent but the taxes actually went down. The motion carried unanimously upon roll call vote. RESOLUTION 4511A - A RESOLUTION ASSESSING 4.402 MILLS AS THE CITY' S SHARE OF THE COST OF OPERATING THE FLATHEAD CITY -COUNTY HEALTH DEPARTMENT Larson moved Resolution 4511A, a resolution making the annual tax levy for the City -County Health Department of the City of Kalispell, Montana, -for the Fiscal Year 1999-2000. The motion was seconded by Atkinson. There was discussion. Donahue said every year the City has to accept the Health Department's budget without ever having a chance to review it with the County Commissioners. He said he would like to see a committee of Council members meet with the Commissioners to see if the mill levy can't be changed by using a greater amount of the grant revenue for administration costs. Donahue moved to table the resolution until a committee can be appointed to meet with the Flathead County Commissioners. The motion died for lack of a second. Nystul said Donahue has made some good points, but Flathead County needs the levies and the Council doesn't have the "luxury of a delay of time." He added, however, the Council and Commissioners should meet on the budget in the future. Larson said the Council has had the budget since April and has had every opportunity to sit down with the Commissioners if there was something members didn't agree with. Kalispell City Council October 4, 1999 Minutes Page 4 of 7 Van Natta, commenting on Donahue's suggestion to use more of the grant money for administration costs, said he feels the City should subsidize the administration because he would rather see the grant money be used to help more of the public. Atkinson agreed, saying it's too late to make any changes now. Boharski commented the Council has a representative on the City - County Health Board and if members don't like the budget, then turn it down. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff and Van Matta voting in favor, and Boharski voting against. RESOLUTION 4512 - RESOLUTION OF INTENT TO AMEND THE WEST VALLEY NEIGHBORHOOD PLAN Vernon and Thelma Johnson have requested approximately 112 acres of land located northwest of the intersection of Highway 93 and West Reserve Drive be reclassified from Agricultural to Suburban Residential. A public hearing on the request has been scheduled for November 1st. Haarr moved Resolution 4512, a resolution of intention to adopt, revise or reject a recommended neighborhood plan amendment to the Kalispell City -County Master Plan. The motion was seconded by Scarff. . There was discussion. Donahue said the Planning Board minutes reflect that some people feel anybody should be able to build anything they want on their property. He said obviously those folks don't understand the concept of zoning. The motion carried unanimously upon roll call vote. RESOLUTION 4513 - PRELIMINARY PLAT APPROVAL FOR CHM FINANCIAL PARK SUBDIVISION E.H. Direct, in care of Marquardt Surveying, has requested preliminary plat approval of a five -lot commercial subdivision west of Gateway West Mall. The total acreage is 11.31 with 9.99 acres devoted to lots and 1.32 acres devoted to roads. Kalispell City Council October 4, 1999 Minutes Page 5 of 7 Scarf moved Resolution 4513, a resolution conditionally approving the preliminary plat of CHM Financial Park Subdivision, located south of Two Mile Drive and west of Gateway West Mall, and as more particularly described as the resubdivision of the amended plat of Gateway West Addition #34. The motion was seconded by Larson. There was discussion. Nystul stated one of the conditions says the streets will be designed and constructed in compliance with City Codes. He asked if that includes existing streets. Narda Wilson, FRDO, said there will have to be some upgrade to the existing roadway. Atkinson inquired as to how much of the property is located in the flood plain. Wilson said part of lot five is, but there's still at least two acres on the lot that can be developed. Boharski asked if condition number 7, requiring a common mail facility, is necessary. Wilson said that's a standard condition for subdivisions. She said requirements for mail delivery and pickup is essentially a matter between the developers and the post office. Wilson said it would probably be better to strike "common" and leave the condition as simply a mail facility approved by the postmaster. Council agreed to strike the word "common" from condition number 7. The motion carried unanimously upon roll call vote. DISCUSSION ON UPDATING MUNICIPAL CODES Nystul explained the Codes have recently been recodified, but now they need to be updated. He said several things on the books are no longer legal or applicable and have been changed by the City Attorney, but the Council has never taken action on any of them. Nystul moved the City Attorney be directed to present, on a monthly basis, updates to the Kalispell City Codes for the Council's consideration. The motion was seconded by Scarff. There was discussion. Kalispell City Council October 4, 1999 Minutes Page 6 of 7 Donahue said he doesn't think the motion is necessary because this is something that should have been done by the staff and management a long time ago. Nystul disagreed, stating the motion gives clear direction in the record. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski thanked the Council for the opportunity to attend the Montana League of Cities Conference in Bozeman and said he would present a report at the end of the week. Nystul commended the Shade Tree Commission and volunteers of the Trash to Trees Collection that was held this past weekend and said since the conception of -the program, 179,000 pounds of recyclable material has been collected. ADJOURN The meeting was adjourned at 8:30 p.m. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor Kalispell City Council October 4, 1999 Minutes Page 7 of 7