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A. Council Minutes - Regular Meeting December 7, 19981 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 F.M. MONDAY, DECEMBER 7, 1998, 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/ACTING CITY MANAGER GLEN NEIER 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 Scarff. Atkinson moved an amendment to the Consent Agenda by adding Council approval for Jim and Kay Thomas to set up the Nativity scene in Depot Park. The motion was seconded by Van Natta. There was no discussion. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting November 16, 1998 B. Approval of Claims per Payables Register-$290,344.81 C. Approval for Nativity scene in Depot Park. Atkinson 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 PT .Tr- Neil Brown, 560 Wolf Creek Dr., Bigfork, expressed concern about Resolution 4436, a resolution of intent to amend the Master Plan. Brown asked the Council to closely review the Planning Board minutes before making a final decision. He said there are many issues to be considered. Boharski explained a public hearing on the issue will be held at the January C'R Council meeting. RESOLUTION 4436 - RESOLUTION OF INTENTION TO AMEND MASTER PLAN Boharski explained that William Lincoln, the owner of property located adjacent to Conrad Drive, has made an application to the K land use designation from "open space," Suburban Residential and Transitional, to Resort Commercial. He stated the Council is simply setting a date for a public hearing and is not making a decision on the proposal this evening. Haarr moved Resolution 4436, a resolution of intention to adopt, revise or reject an amendment to the Kalispell City -County Master Plan. The motion was seconded by Graves. There was discussion. Atkinson said he has always wondered what would happen if the Council voted against a resolution of intent and asked Neier to explain. Neier answered a resolution of intent is a required step to amend a Master Plan and merely announces a time and place for a public hearing and is ministerial in nature. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4437 - RE -AWARDING OF B D - LOTS 12 & 1 - TETON TERRAeR Neier explained that in November, the Council authorized the sale of the property to Hewitt Construction, which later was deemed to be unable to properly complete construction. He said Pacific Homes and Land, Inc. has submitted bids on Lots 12 and 13, and Timberland Construction submitted bids and agreed to complete construction on Lots 14, 15 and 16. Graves moved Resolution 4437, a resolution authorizing the Acting City Manager, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 12 and 13, Teton Terrace, records of Flathead County, located in the NEIA, of Section 12, T28N, R22W, P.M.M., Flathead County, Montana to Pacific Homes and Land, Inc. The motion was seconded by Scarff. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4438 - RE -AWARDING, OF BID - LOTS 14, 15 & 16 - TETO T2RRACE Atkinson moved Resolution 4438, a resolution authorizing the Acting City Manager, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 14, 15 and 16, Teton Terrace, records of Flathead County, located in the NE'/,, of Section 12, T28N, R22W, P.M.M., Flathead County, Montana to Timberland Construction. The motion was seconded by Larson. There was no discussion. The motion carried upon roll Graves, Haarr, Larson, Scarff, favor. 3 call vote with Atkinson, Donahue, van Natta and Boharski voting in ATTTNORTTV TO BID - TWO LOTS IN SOUTH WOODLAND & TWO LOTS IN TF5'TON TRRRAC"F. Boharski said Susan Moyer of PECDD needs Council approval to market two more lots in Teton Terrace and South Woodland. He said once these lots are sold, there will be 12 lots remaining in Teton Terrace and 13 lots in South woodland. Scarff moved the Council authorize Moyer to advertise for sale two lots in Teton Terrace and two lots in South woodland. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. OR TN N _ . 1296 - ZONING TEXT AMENDMENT - BOB COOK Bob Cook has requested Section 27.22.020 (3)(a) of the Kalispell Zoning Ordinance be changed to allow the location of residential garages in the front yard when the lot does not abut an alley. The Kalispell City -County Planning Board and Zoning Commission considered the request on November 10`` and has recommended adoption of the amendment. Larson moved the first reading of Ordinance 1296, an ordinance amending Section 27.22.030(3)(a) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by allowing residential garages to be located in front yards on lots that do not abut an alley, and declaring an effective date. The motion was seconded by Haarr. There was discussion. Atkinson opposed the ordinance stating the current ordinance allows for garages in the front yard as long as they are attached. He said by allowing unattached garages in front, the City is putting too much emphasis on vehicles and too little emphasis on our neighbors and green spaces. Donahue said he agrees with Atkinson in some respects, but he also sees the dilemma for people who don't have an alley. He said he doesn't feel the change will cause that much trouble. Atkinson reiterated the City already has an ordinance that allows garages in the front yard, but they have to be attached. Haarr said in many cases an attached garage or carport is not feasible. He said right now anyone who wants to build a detached 4 structure has to go before the Board of Adjustment for a variance which costs approximately one hundred and eighty five dollars. Haarr said he thinks the citizens should be accommodated. The motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson voting against. �ONDITIONAT USE PERMIT - NORTHWEST HEALTH CARE - TEMPORARY OFFICE _ST IMING Northwest Health Care has requested a CUP to build a temporary Home Options facility to replace the current building which does not meet Building or Fire Codes. The modular building will be custom built as a medical office facility and the Kalispell City -County Planning Board and Zoning Commission has recommended the CUP be granted. Donahue moved the Conditional Use Permit be granted to Northwest Health Care. The motion was seconded by Haarr. There was discussion. Donahue moved an amendment to the CUP by deleting condition number two which states "the building, parking and sign shall comply with the Kalispell Zoning Ordinance." The motion was seconded by Haarr. There was discussion. Donahue stated he feels the Council should get "out of the habit of telling people they have to obey the law." Larson asked if there are any special codes for temporary buildings. Steve Kountz, FRDO, stated the Uniform Building Code does require that the structure is hooked to sewer and water and is on a foundation. The amendment carried unanimously upon vote. Donahue moved a second amendment to the CUP by requiring notification be made to the Kalispell Zoning Enforcement Officer instead of the Flathead Regional Development Office when the building has been removed. The motion was seconded by Larson. There was discussion. Atkinson asked Kountz if there's a reason for the notification to be made to FRDO. Kountz answered there's really no reason the Zoning Officer couldn't handle it. 5 The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon vote. UNION CONTRACT APPROVAL - FIREFIGHTERS ARSOCIATION Neier explained Local 547 has notified his office that its membership voted to ratify the latest agreement proposal. He said there were several changes in the contract with the most significant being an increase in the base pay of 1.75% the first year, 1.35% the second year and 1.75% the third year. In addition, Neier said there was an increase in the insurance should it reach the cap and an increase in certification pay. He said overall, the cost to the City will be an additional twenty two to twenty five thousand dollars per year over the next three years. Larson moved ratification of the agreement between the City of Kalispell and the Firefighters Union. The motion was seconded by Van Natta. Haarr commented the Firefighters have negotiated in good faith and the City appreciates it. Haarr asked Neier if the agreement falls within the budgeted amount. Neier answered the City will be able to meet the perimeters set out in the contract.. Donahue said with the new agreement, the median salary for a firefighter is $35,527.00, which doesn't include insurance or ambulance pay. He said the budget will take care of the increase this year, but next year, with CI-75, something else will have to be cut to pay for those increases. Scarff asked -whether a clause should be added as to CI-75 in order to protect the City. Neier stated it's going to be difficult in the future to fund salary increases, but he's reasonably sure at this point of time that the City can fund those raises over the next three years. He said CI-75 may have the effect in the future as to how collective bargaining agreements are written. Neier said they may have to be done one year at a time, but at this point the City should be able to meet the limits in the contract. Larson said he appreciates the positive comments members have made on behalf of the Firefighters Association and thanked the Council for its consideration. The motion carried unanimously upon vote. CONFIRMATION - POLICE OFFICER ANTHONY McDONNELL Patrolman Anthony McDonnell recently completed his one year probationary period and Police Chief Frank Garner is recommending 0 confirmation of the appointment which is required by State law and City policy. Scarf moved the confirmation of Officer Anthony McDonnell. The motion was seconded by Larson. Haarr commented he would like to postpone the confirmation due to the present negotiations with the Police Department and the fact the City has suffered a loss of revenue with the Police slow down. He said the timing on this action isn't good, even though the postponement would be no reflection on Officer McDonnell and his performance. Larson disagreed, stating the officers take the probationary period very seriously and at the end of that time they expect to be confirmed if they have performed in a satisfactory manner. He said the Council has no idea what Officer McDonnell's view is of the slow down and the confirmation has nothing to do with it. Larson added it would be unfair to single him out. - Van Natta commented if the Council feels action is warranted, then it should be taken against the entire department, and not just one individual. Donahue said he doesn't want to reject the confirmation, but suggested it might be wise to table the matter for sixty to ninety days to see what happens with the negotiations. Boharski said he also had concerns about the confirmation but clarified McDonnell is not being added to the Police force, he's already a member. He said he feels the Council should move forward with the confirmation and deal with the negotiations and budgetary concerns separately. Atkinson stated the Council needs to find a new way to negotiate and he doesn't think an adversarial approach is the way to go. Scarff said the officer has done his job for the past year and Council members should now do theirs by approving the confirmation. The motion carried unanimously upon vote. AWARD BID . COMPACT UTILITY TRACTOR The City recently advertised for a compact utility tractor for the garbage department. Triple W Equipment was the only bidder at $41,375.00. Van Natta moved the bid be accepted from Triple W Equipment for the compact utility tractor. The motion was seconded by Graves. There was discussion. rl Boharski asked Public Works Director Jim Hansz if the tractor, with the snow blower attachment, now gives the City two large snow blowers. Hansz said this unit is fairly small and would be used for narrower spaces, such as areas in a parking lot where the larger snow blower can't reach. The motion carried unanimously upon vote. COUNCIL COMMENTSIINFORMATTON./QUESTIONS Atkinson commented how pleased he was with the recent Downtown Art Walk and thanked the merchants and the promoters for creating the sense of community the City is looking for downtown. Larson inquired if any progress has been made on Jerry Begg's complaint with the Teton Terrace drainage problems. Neier answered a meeting should be scheduled soon and he's asked the Public Works Department to look into any possible technical alternatives. Donahue asked for an update on the re -purchasing of the Valley Bank parking lot. Neier stated it hasn't been completed yet but should be soon. Boharski said he spoke with County Commissioner Dale Williams who would like two Council members to meet and discuss the Edgerton Bike Path. Atkinson and Haarr volunteered. ADJOURN The meeting was adjourned at 8:21 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council