1A. Council Minutes - Regular Meeting January 20, 1998A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JANUARY 20, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR BILL BOHARSKI PRESIDED. COUNCIL
MEMBERS NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON,
GARY NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY GLEN
NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. COUNCILMAN
JIM ATKINSON WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
PRESENTATION OF LIFE SAVING AWARD
Mayor Boharski & Police Chief Clark presented Zachary Dickson the
Citizens Life Saving Medal and plaque for outstanding leadership
and action during a life threatening emergency. His clear thinking
and quick and decisive action resulted in saving his friends life.
He was applauded.
Clark expressed how proud the community is and he values the
personal example Dickson set as a leader, and also recognized his
parents, Robin and Scott Dickson. He also introduced Jacob
Cranney, the friend whose life Zachary saved.
AGENDA APPROVAL
Haarr moved to approve the agenda with Item D. from the Consent
Agenda, be moved to #11; add #12, Report on the Police incident of
last Friday night; and #13, Questions or Comments from the
Council. The motion was seconded.
Krepps requested the addition of an insurance check that was
received.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting January 5, 1998
B. Approval of Claims per Payables Register $210,060.84
C. Pledged Securities December 31, 1997
D. Authority to Bid Kalispell Youth Athletic Complex
Nystul moved to adopt the consent agenda. The motion was seconded.
The motion carried with a vote.
HEARING THE PUBLIC
Ordinance 127 -K l i sppll_Parking Commi ssion_Remi -Amend Overtime
Parking Code
The following spoke against Ordinance 1279:
Don Rothwell, Hillcrest Estates
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Vinny, Vinny's Cafe, 120 Main Street
Jeanne McFarland, 1228 4" Avenue West
Darcy Jackson, 10 Yellowstone, also submitted a petition against.
Boy Scout Trnnp 433
Joe Untereiner, 126 5th Avenue East, introduced the Boy Scout Troop
in attendance.
Kalispell Youth Athletin comple
Rich DeJana, 422 Summit Circle, thanked the Council for reading
contracts before approving them and for continuing good faith to
complete the youth fields.
City Administration
Jerry Begg, 220 Woodland Avenue, expressed his concerns about the
administration of the City of Kalispell.
Samari tan Ro 7 a
The following spoke in favor of the conditional use permit for
Samaritan House:
Bruce Measure, 635 5th Street East
Mike Labbs, Swan Lake
Boar(ai pz o i n _m n a
Planning Board -Council Position -replace Pam Kennedy
Citizen Member -City -replace Mike Conner
Boharski recommended the appointment of Rob Heinecke and Don
Garberg to the Planning Board.
Donahue moved to appoint Rob Heinecke to the City/County Planning
Board to replace Pam Kennedy. The motion was seconded.
With a vote the motion carried.
Scarf moved to appoint Don Garberg to the City/County Planning
/ Board as a citizen member to replace Mike Conner. The motion was
seconded.
r
Upon vote the motion carried.`
s'
prdin n 1.79-Ka ispell Parking Commission Rerniest-Amend Overtime
Parking Code 2nd geadi ng
The Parking Commission has requested a change in the ordinance for
parking restrictions. That change deletes the word 'continuously'
from the parking for two hours on each "block face". The Commission
is currently surveying the owners/operators in the Business
District to determine the level of support for this ordinance to
control the rock and rollers.
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Krepps felt this ordinance change will create enforcement problems
for the commission as well as continue to increase the customer's
frustration and anger levels. The recording of the license and the
times of the vehicles on the streets will be a monumental task.
The additional record keeping may be more trouble than what they
are trying to correct. The City will always have those individuals
who abuse the system.
The Parking Commission is semi-independent to the Council. They
are charged with the operation of the parking facilities of the
City. However, the City Council has to approve the changes in the
parking ordinance. It is the Parking Commission who enforces the
regulations. Krepps recommended against approval of the "block
face" two hour parking ban, unless the survey that the Parking
Commission is conducting supports this type of change.
Nystul moved Ordinance 1279, an ordinance to amend Section 17-90,
Kalispell City Code, prohibiting overtime parking and establishing
two hour parking between the hours of 8:00 a.m. and 6:00 p.m. on
certain streets and declaring an effective date. The motion was
seconded.
There was discussion and John Harper, Parking Commission, answered
questions.
Larson, Haarr and Scarff spoke against the ordinance.
Nystul moved to amend Section 1 subsection C to delete "on any
block face" and reinsert the original language which would make it
continuously in any parking space. The motion was seconded.
Donahue spoke in favor of the amendment.
With a vote the amendment carried unanimously.
With a roll call vote the amended motion carried with Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
Ordinance 1 .SO- .oning Text Am _n m n - fry Daily__In r Take to Allow
Pwspaper Offices in B- 3 Zone as a Permitted_Use— 2nd Reading
This is the second reading of the text amendment that will allow
the use of publishing facilities in the B-3 zone.
The City -County Planning Board received a request from the Daily
Inter Lake for a text amendment. The requested change is one that
would be recommended in the entire rewrite of the Kalispell Zoning
Ordinance but due to the timing of the rewriting process, the Inter
Lake desires to expedite the planning and construction of the new
facility. This text amendment would allow this type of usage with
less impact to the area than many other B-3 uses.
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Larson moved Ordinance 1280, an ordinance amending Section
27.15.020, (Ordinance No. 1175), by allowing newspaper offices as
a permitted use in a B-3, Community Business Zoning District, and
to provide an effective date. The motion was seconded.
Donahue moved to amend by removing the words "including
warehousing". The motion was seconded.
Upon vote the amendment carried unanimously.
With a roll call vote the amended motion carried with Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
R _solu ion 4391 -Budget_ m cum nt-CDB G-S - Public Hea inq Dat--e
The City has been notified of having received another $400,000
grant from the Housing & Neighborhood Revitalization Grant program.
This is the last grant for the Samaritan House project. The City
has received three out of the four grants that were applied for.
Due to the administrative structure and the strength of the
project, this application received a perfect score.
This resolution is necessary to enable the City to allocate these
funds for expenditure. The public hearing date would be scheduled
for February 2, 1998.
Donahue moved Resolution 4391, a resolution calling for a public
hearing to amend the annual appropriations of the City of
Kalispell, Montana, as set forth in the 1997-98 budget adopted by
the City Council for the CDBG Housing and Neighborhood
Revitalization Grant. The motion was seconded.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Kennedy, Larson, Nystul, Scarff, Van Natta and Boharski voting in
favor.
Resolution 4192-Buffalo Commons -Phase 3 Block 1-Preliminary Plat
Flathead Regional Development Office has reviewed the request for
Preliminary Plat approval for this portion of the Buffalo Commons
PUD.
Krepps concurred with the discussion points of the report, the
required conditions, and the recommendation to adopt the
preliminary plat with the attached conditions.
Nystul moved Resolution 4392, a resolution conditionally approving
the preliminary plat of Buffalo Commons, Phase 3, Block 1, Section
6, T28N, R21W, P.M.M., and Section 1, T28N, R22W, P.M.M.,
Kalispell, Flathead County, Montana. The motion was seconded.
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with a roll call vote the motion carried with Donahue, Graves,
Haarr, Larson, Nystul, Scarff, van Natta and Boharski voting in
favor.
Buffalo Commons -Phase 3 Block 1 Final Plat
Flathead Regional Development Office submitted a report reviewing
the request for approval of the Final Plat for this PUD. Krepps
concurred with the approval.
Nystul moved the approval of the Final plat for Buffalo Commons,
Phase 3, Block 1. The motion was seconded.
The motion carried unanimously with a vote.
Ordinance 1281-Buffalo Commons - P D Amendments to ov nan s - 1 s
Read na
The representative has submitted proposed changes to the Buffalo
Commons Planned Unit Development declaration of covenants. These
changes revise covenants to more precisely describe and restrict
the duties of the property owners in regard to their own property
and the commons area. The single family covenants will now include
architectural review standards in terms of size of home required.
The multi -family covenants will now permit a maximum residential
unit of four. Other minor changes were made to clarify the intent
to limit retail business uses to less than 3,000 sq. ft.
Upon review of the request, in conjunction with the Site
Development Committee review and the City Attorney's
recommendation, Krepps recommended that the changes that have been
requested. This approval will give the owners more protection and
control of this development.
Van Natta moved Ordinance 1281, an ordinance amending Ordinance No.
1226 (Planned Unit Development, Buffalo Commons) by allowing the
vacation of the declaration of covenants, conditions and
restrictions, Buffalo Commons, (common area, retail/commercial/
office, multi -family, single family and medical facilities) by
vacating those covenants, conditions, and restrictions, Buffalo
Commons designated in Ordinance No. 1226, Section I, (a),(b),(c),
(d) and (e) and replacing said vacated sections with covenants,
conditions and restrictions, Buffalo Commons as set forth herein,
and declaring an effective date. The motion was seconded.
There was discussion and Donahue moved to amend on Page 10, where
it says covenants: add "the City will be entitled to a reasonable
attorneys fees°. This would be added throughout the document. The
amendment was seconded.
The amendment carried unanimously with a vote.
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The amended ordinance carried upon roll call vote with Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
Samaritan Hnugp- Clonditional lisp- Permit
Upon review of this report, the recommendation, and the conditions
recommended by FRDO, Krepps concurred with the report and
encouraged approval of the Conditional Use Permit.
Larson moved to grant the conditional use permit to the Samaritan
House. The motion was seconded.
There was discussion and Nystul moved to amend to add Condition 9,
that sidewalks are to be installed on the property on 2"d Street
West and 9tn Avenue. The motion was seconded.
Larson and Van Natta spoke against the amendment.
Haarr and Donahue spoke in favor.
Nystul, as did the second to the amendment, agreed to change the
amendment to only require sidewalks on 2"d Street.
With a tie vote, the amendment failed with Graves, Boharski, Larson
and Van Natta voting against and Donahue, Haarr, Nystul and Scarf
voting in favor.
There was more discussion and the original motion carried
unanimously.
Authority o Bid K31 i_s 1 Youth Athletic c _omnl-ex,
Approval is necessary to authorize the City to begin the bidding
process for the ball complex. The construction documents will be
completed based upon the presentation at the work session. Since
this entire process/project is extremely time sensitive, the City
will press to keep the process on the schedule presented at that
session.
Krepps recommended that the City continue with the project to
determine the actual construction costs. After receipt of the
bids, the City will better be able to determine what course to
take for this project.
Haarr moved to grant authorization for the Kalispell Youth Athletic
Complex and to clarify that the City will spend up to 1 million
dollars for the project but to include in that amount the
expenditure for any unfunded requirements in the state lease and
including any expenditures made to date. The motion was seconded.
There was lengthy discussion.
Larson moved to amend the motion, the City will expend up to 1
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million dollars minus $100,000 design costs and exclude any
previous costs that are assessed to the ballfields and any future
liabilities that are assessed as far as the contract with the State
Department of Lands goes. The motion was seconded.
Haarr and Donahue spoke against the amendment.
There was more discussion.
The amendment failed with Van Natta and Larson voting in favor and
Donahue, Graves, Haarr, Nystul, Scarff and Boharski voting against.
There was more discussion.
The motion carried unanimously upon vote.
Report on the Plira. Inci den r)f T.aa riday Niah
Nystul requested a report when this issue is figured out.
MMTA Insurance chenk
Larry Gallagher, MMIA Insurance Board member presented the City
with a check for $48,048.00 as a Workers Comp Refund.
FOR YOUR INFORMATION
Airport Authority Meeting to following immediately after meeting
Next Regular Meeting February 2, 1998 7:00 p.m.
QuPst-; ons or Comments from the Council
,Jd Q Yd
Boharski thought the Council should approve the Police and Fire
Department hires. Krepps said he would check on the procedure.
Thomas, Dean & Hoskins -Woodland Court
Haarr spoke with Roger Sommerville, he was told a time table was
submitted to Susan Moyer, which may help the issue.
Krepps felt it was not appropriate to discuss in a Council meeting,
more so in a change order form to be voted on. Whatever the
outcome, then will deal with at that time.
Parking Commission
Larson wished at a future work session for Council to share come
ideas to the Parking Commission as far as the rock and rollers.
There are 2 upcoming appointments to the Parking Commission.
Scarff requested the item he discussed with Krepps be brought up at
the next work session.
Flower Pots
Donahue pointed out there are still 12 flower pots on Main Street.