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1. Council Minutes - Regular Meeting August 6, 2001A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 6, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting July 16, 2001 2. Approval of Claims per Payables Register - $750,358.29 3. Pledged Securities as of June 30, 2001 4. Award Bid - Air Compressor - Kalispell Fire Department Three bids were received July 31 for a High Pressure Air Compressor from Big Sky Fire & Equipment, Norco and L.N. Curtis. Staff recommended the contract be awarded to Big Sky Fire & Equipment in the amount of $29,208.00. 5. (Removed) Recognition - Police Officer Retirement Effective August 31, 2001, Paul Hahn will be retiring from the Kalispell Police Department following 24 years of service. Haarr moved approval of the Consent Agenda with the removal of Item #5, Recognition of Police Officer Retirement. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Fred Hammel, 505 7th Avenue West, criticized the way people behaved at the special meeting Thursday evening. Kalispell City Council Minutes August 6, 2001 The following spoke in support of allocating $2 7 million to the streetscape project: C.M. Clark, Kalispell Grand Hotel. Gordon Pirrie, Western Outdoor. Kam Beaver, Columbine Glassworks & Gallery. Patricia Johnson, Mountain Valley Foods. Bill Goodman, KM Building. PUBLIC HEARING - 2001/2002 BUDGET The City Council received public comments concerning eligible activities for CDBG and HOME Funding, specifically a 40-unit senior apartment complex. Susan Moyer, Community Development Director, explained this is the third and final public hearing that is required before applications can be submitted to the Montana Department of Commerce. She said staff plans to apply for a $500,000 CDBG grant and a $400,000 HOME grant. Moyer added she has received numerous letters in support of the project. (Letters are attached and by this reference are made a part of the official record) Boharski opened the public hearing. Proponents Douglas Rauthe, Northwest Montana Human Resources Executive Director. Steve Van Helden, Glacier Bank President. Opponents None Boharski closed the public hearing. RESOLUTION 4634 - AUTHORIZATION TO SUBMIT CDBG AND HOME GRANT APPLICATIONS Scarff moved Resolution 4634, a resolution authorizing submission of grant applications to the Montana Department of Commerce CDBG and HOME Programs and agreement to certifications for the applications. The motion was seconded by Larson. Kalispell City Council Minutes August 6, 2001 Page 2 of 15 There was discussion. Atkinson said he would normally abstain from voting because he is the director of the Agency on Aging, and will be working with Hampstead Partners on this project. He stated, however, that he would like to see a unanimous vote submitted to the State and asked Council members if they had any objection with him participating. There was no objection. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. POLICE OFFICER CONFIRMATION Officer Doug Overman has successfully completed his one-year probationary period as a patrol officer for the Kalispell Police Department and Police Chief Frank Garner asked for Council confirmation. Larson moved confirmation of Doug Overman as a permanent police officer for the Kalispell Police Department. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. RESOLUTION 4635 - ANNEXATION REQUEST Neil Bangs is requesting annexation of a 0.30 acre parcel of property located on the east side of 5th Avenue East and north of lath Street. Haarr moved Resolution 4635, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described as Assessor's Tract 5-3 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Bangs Addition No. 304; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded by Van Natta. There was discussion. Boharski asked if sewer is available to the property. Kalispell City Council Minutes August 6, 2001 Page 3 of 15 Narda Wilson, TCPO, stated sewer is available on 5th Avenue East. She said one dwelling on the property is already connected and when the property in the rear is developed, it will also be connected. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1390 - INITIAL ZONING OF BANGS ANNEXATION - 1ST READING Bangs is requesting the above -listed property be zoned RA-1, Low Density Residential Apartment, upon annexation into the City. Van Natta moved first reading of Ordinance 1390, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance No. 1175), by zoning certain real property described as a portion of Assessor's Tract 5-3 in Section 17, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned City RA-1, Low Density Residential Apartment and County R-4, Two Family Residential Apartment), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Scarff. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1391 - MOHRENWEISER ZONE CHANGE REQUEST - 1ST READING Richard and Judith Mohrenweiser are requesting a zone change from R-3, Single Family Residential, to RA-3, High Density Residential and Office, on approximately 2.91 acres on property east of North Meridian Road and west of Highway 93. Larson moved first reading of Ordinance 1391, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described as Assessor's Tracts 6B and 6BSAAA in Government Lot 1, Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned City R-3, Residential) to City RA-3 (Residential Apartment/Office), in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded by Kenyon. There was discussion. Kalispell City Council Minutes August 6, 2001 Page 4 of 15 Kenyon asked Van Natta to elaborate on the concerns he expressed at the Planning Board meeting. Van Natta said as a member of the Board he listened to the testimony from the neighbors who are very concerned about more high density development in the area and he agreed the infrastructure isn't adequate to handle the additional traffic. He said the primary access would be from Underhill to Arizona because you can't access from Highway 93. Van Natta added, however, he was the only one on the Planning Board to vote against it. Wilson commented there is a 30-foot wide access from the property to Meridian Road, along with the access to Underhill, so there are actually two accesses to the property. She said the access to Meridian Road is not developed to City standards, but could be used. Kenyon said he's concerned that traffic would use the 30-foot access as a shortcut to Highway 93. Wilson said it wouldn't be a logical choice because they would have to take the road to Underhill Court, then to Arizona and out that way. She said it would be a "rather circuitous route". Atkinson asked what the density differences are between the R-3 and RA-3 zoning designations. Wilson said R-3 has a minimum lot size requirement of 7,000 square feet, and RA-3 has a density of 7,000 square feet for a duplex and 1,500 square feet for each unit beyond a duplex. She said it's a substantial increase in density, however, the topographical constraints will dictate what can go in there. Haarr commented this same request was turned down in 1995 and asked Wilson what has changed since then. Wilson said when the North Meridian Neighborhood Plan was adopted in 1994, it designated that area as "high density residential". She said in 1995, the applicants requested an RA-1 zoning, and the only RA-1 zoning in the area is where the Meridian Point Apartments are currently located. Wilson said since then, the apartment complex and a number of other property owners along North Meridian have received a zone change to the RA-3 designation. Kalispell City Council Minutes August 6, 2001 Page 5 of 15 Public Comment Jean Johnson, Stokes & Associates, said Stokes & Associates provided technical assistance to the Mohrenweisers and they are in complete accord with the staff report and the Planning Board findings. He said there would be two accesses to the property, adding the 30-foot strip is a full City street width, however, it cannot have curbs and sidewalks. Johnson pointed out the discussion should not be centered around a possible development, but the proper zoning of the property. Keith Robinson, 501 Arizona, said there hasn't been any traffic studies done and the "flagpole strip" referred to hasn't been developed and once again, someone is asking for a zone change without any consideration for the future. He said a high density designation will lower the property values on the single family residences and when that happens, the tax base will go down for the City. Annie Robinson, 501 Arizona, said all of the neighbors want the property to stay as R-3 and are asking the Council to table the issue until the next meeting. She said they are signing a petition and would have it available by then. Richard Mohrenweiser, 611 Lower Valley Road, said he agrees traffic on Underhill Court to Arizona should be kept to a minimum. He said the 30-foot road to Meridian would be the main access and he already has a curb opening approved when Meridian is improved. Mohrenweiser stated the RA-3 designation is in compliance with the Neighborhood Plan and the Master Plan and asked Council to approve the zone change request. Steve Middlesworth, 153 Wedgewood Lane, said the growth on North Meridian is not conducive to single-family residences and the zone change should be approved. Boharski commented the zone change request is in compliance with both the Neighborhood Plan and the Master Plan and he feels the Council doesn't have any legal reason to turn it down. Leistiko said he's still concerned about the increase in traffic. Van Natta agreed, commenting he's not convinced that a 30-fcot road is adequate access to the property. Kalispell City Council Minutes August 6, 2001 Page 6 of 15 The motion carried upon roll call vote with Counsell, Haarr, Larson, Scarff and Boharski voting in favor; and Atkinson, Kenyon, Leistiko and Van Natta voting against. PRELIMINARY PLAT EXTENSION REQUEST - BUFFALO STAGE PROFESSIONAL PARK Charles Mason is requesting a one-year extension of the preliminary plat approval for Buffalo Stage Professional Park. The preliminary plat was approved by the Council on August 3, 1998. Larson moved approval of a one-year extension of the preliminary plat approval for Buffalo Stage Professional Park. The motion was seconded by Scarff. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1392 - AMENDING THE ANIMALS & FOWL ORDINANCE - IS READING This ordinance makes it possible to own pygmy goats and pot bellied pigs in the City limits. Scarff moved first reading of Ordinance 1392, an ordinance amending Chapter 4, Animals and Fowl, Kalispell Municipal Code by amending Ordinance No. 879, § 1, permitting the keeping of pygmy goats and pot bellied pigs as household pets, and declaring an effective date. The motion was seconded by Larson. There was discussion. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4636 - BUDGET RESOLUTION This resolution sets the annual appropriations for the City of Kalispell at $28,545,515.00. Leistiko moved Resolution 4636, a resolution setting the annual appropriations for the City of Kalispell, Montana, as set forth in the 2001-2002 Budget adopted by the City Council. The motion was seconded by Van Natta. Kalispell City Council Minutes August 6, 2001 Page 7 of 15 There was discussion. Haarr moved to amend the resolution by reducing the General Fund appropriation of $5,427,453.00 by $102,453.00 for a General Fund total of $5,325,000.00. The motion was seconded by Scarff. There was discussion. Haarr said he feels the City can afford the budget cut if it's spread out over all of the departments. Haarr said it's going to be a tough year for taxpayers with the power rate increases and he feels it's time to hold the line on the budget. Kukulski said in essence, the City is holding the line, because it takes a higher millage rate to collect the same amount of revenue as last year. He said if the Council feels there are certain items that need to be cut, that's fine, but he discouraged members from arbitrarily picking a number. Van Natta spoke in favor of the budget, stating the City has been holding the line in some areas for too long. For example, every year the Council argues about equipment replacement. He said the Council cannot continue to ignore the problems associated with aging equipment and with this budget, an equipment/capital replacement fund is being established. Atkinson said the motion isn't just to take $102,000 out of the government. He said by limiting it to the General Fund, it would mainly affect the Police and Fire Departments. Larson said he feels the budget is well thought out and should be passed as is. The amendment failed upon roll call vote with Haarr, Scarff and Boharski voting in favor; and Atkinson, Counsell, Kenyon, Larson, Leistiko and Van Natta voting against. Public Comment Bob Nystuen, Kalispell Chamber of Commerce President, said the Chamber supports the budget as presented and feels the tax increment funds need to be used to maintain a vibrant central business district for both retail and office use, job creation and economic development and an improved Kalispell transportation system. Kalispell City Council Minutes August 6, 2001 Page 8 of 15 Diane Conradi, CFBF, requested the Council amend the proposed budget to allocate 2.7 million dollars to the streetscape plan rather than the proposed $750,000. Bill Goodman, KM Building, said anything less than 2.7 million dollars for streetscape would be "doing it wrong". Kenyon asked if it's still possible, as the budget stands now, to use 2.7 million dollars for streetscape. Kukulski said by approving the budget tonight, the Council is approving approximately 4 million dollars in downtown tax increment funds. He said the Council can move that money to any project it sees fit. Boharski commented he's disappointed Haarr's motion failed, because if you can't find $100,000 in a five and a half million dollar general fund, then something's wrong. He said over the past two years administrative pay raises have amounted to about $90,000, the Planning Office has, what he feels, is an unnecessary position and the recreation programs are costing more each year. Boharski stated he feels the City needs to be more responsible by funding the increased needs of government through the excess revenue generated by the new businesses and investments coming into Kalispell. Kukulski said despite the growth, Kalispell is losing mill levy value. He said last year, one mill generated $21,154.00 and this year one mill will generate $20,452.00. Kukulski said unfortunately, it's not as simple as saying we're growing, so we should be able to reduce the mill levy. Boharski countered that he's not suggesting the mills remain at 110, however, they shouldn't have to be increased by almost 20. The main motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko and Van Natta voting in favor; and Haarr, Scarff and Boharski voting against. RESOLUTION 4637 - BUDGET RESOLUTION This resolution sets the annual tax levies at 129.42 mills for the City of Kalispell. Atkinson moved Resolution 4637, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2001-2002. The motion was seconded by Leistiko. Kalispell City Council Minutes August 6, 2001 Page 9 of 15 There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko and Van Natta voting in favor; and Haarr, Scarff and Boharski voting against. RESOLUTION 4638 - BUDGET RESOLUTION The City anticipates receiving $504,000 in revenue to be used for the costs associated with the street maintenance program. Larson moved Resolution 4638, a resolution levying an assessment for the cost of special maintenance for the purpose of maintaining the streets and avenues of the City of Kalispell for the fiscal year 2001-2002. The motion was seconded by Counsell. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko and Van Natta voting in favor; and Haarr, Scarff and Boharski voting against. RESOLUTION 4639 - BUDGET RESOLUTION The City anticipates receiving $130,624 in revenue to be used for the costs associated with light maintenance. Counsell moved Resolution 4639, a resolution levying an assessment for the cost of lighting the streets and alleys in the City Special Lighting District for the fiscal year 2001-2002. The motion was seconded by Atkinson. There was discussion. The motion carried upon roll call vote with Atkinson, Counsell, Larson, Leistiko, Van Natta and Boharski voting in favor; Haarr and Scarff voting against. Kenyon was temporarily absent. RESOLUTION 4640 - BUDGET RESOLUTION The City anticipates receiving $6,479 in revenue to be used for the costs associated with decorative light maintenance. Atkinson moved Resolution 4640, a Resolution levying an assessment for the cost of lighting the streets in the City Downtown Decorative Lighting District for the fiscal year 2001-2002. The motion was seconded by Leistiko. Kalispell City Council Minutes August 6, 2001 Page 10 of 15 There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4641 - BUDGET RESOLUTION The City anticipates receiving $260,287 in revenue to be used for the costs associated with the storm sewer fund. Van Natta moved Resolution 4641, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 2001- 2002. The motion was seconded by Counsell. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4642 - BUDGET RESOLUTION The City anticipates receiving $490,730 in revenue to be used for the costs associated with operating the solid waste program. Scarff moved Resolution 4642, a resolution to levy the cost of removal of garbage or other offensive matter from streets, alleys or on any premises as a special tax against property from which such matter was deposited, and the disposition thereof. The motion was seconded by Counsell. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff and Van Natta voting in favor; and Boharski voting against. RESOLUTION 4643 - BUDGET RESOLUTION The City anticipates receiving $53,500 in revenue to be used for the costs associated with the urban forestry program. Counsell moved Resolution 4643, a resolution levying an assessment for the cost of urban forestry maintenance in the City for fiscal year 2001-2002. The motion was seconded by Van Natta. There was discussion. Kalispell City Council Minutes August 6, 2001 Page 11 of 15 The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko and Van Natta voting in favor; and Haarr, Scarff and Boharski voting against. RESOLUTION 4644 - BUDGET RESOLUTION This resolution provides budget authority for the operation of the Parking Commission. Atkinson moved Resolution 4644, a resolution setting the annual appropriations for the Parking Commission as set forth in the 2001- 2002 budget adopted by the City Council. The motion was seconded by Counsell. There was discussion. Boharski suggested everyone vote no and kill the Parking Commission. Van Natta said he really doesn't know why the Parking Commission was created other than to be a scapegoat for the Council. He said the Council is always discussing ways to handle the parking, but never gives direction. Van Natta said personally, he's an advocate for meters. Leistiko said he realizes the City is just approving the Commission's budget, but the budget has gone from $111,000 to $207,000 and he feels sooner or later the City's going to have to step in and bail them out. He said the issue needs to be addressed. Atkinson said he's been on the Council for fourteen years. He said when he started there was a Parking Commission and the City decided to turn the parking over to the Police Department. He said "that was ugly too" and the Parking Commission was re-established. Atkinson said there are no good answers. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko and Scarff voting in favor; and Haarr, Leistiko and Boharski voting against. RESOLUTION 4645 - BUDGET RESOLUTION This levy generates approximately $98,000 in tax revenue for the Health Department. Scarff moved Resolution 4645, a resolution making the annual tax levy for the City -County Health Department of the City of Kalispell City Council Minutes August 6, 2001 Page 12 of 15 Kalispell, Montana, for the fiscal year 2001-2002. The motion was seconded by Van Natta. There was discussion. Boharski commented he will never vote in favor of the Health Department's budget so long as they continue to be involved in abortion referrals. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff and Van Natta voting in favor, and Boharski voting against. EVERGREEN SEWER RATE APPROVAL Sewer rate adjustment for flows contributed by the Water & Sewer District #1 are adjusted yearly retroactive to July 1st of the calendar year. The rate for M&O and replacement is $1.59 per thousand gallons, $.02 less than last year. The debt service amount is $10,089.07 per month, an increase of $11.91 per month based on actual debt service schedules. Van Natta moved approval of the sewer rate as presented for the Water & Sewer District #1. The motion was seconded by Leistiko. There was no discussion. The motion carried upon vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4646 - ENVIRONMENTAL CERTIFYING OFFICER Municipalities are required to appoint an Environmental Certifying Officer responsible for environmental concerns when applying for federal funding. Atkinson moved Resolution 4646, a resolution authorizing Thomas R. Jentz as the Environmental Certifying Officer for the City of Kalispell. The motion was seconded by Scarff. There was discussion. Susan Moyer, Community Development Director, said Jentz is the logical choice for the position because he was the certifying officer for the County and has an excellent planning background. Kalispell City Council Minutes August 6, 2001 Page 13 of 15 The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1389 - SALARY ORDINANCE - 2ND READING This ordinance incorporates the changes resulting from the ratification of union contracts and was passed on first reading July 16th. Atkinson moved second reading of Ordinance 1389, an ordinance amending Ordinance No. 1379, fixing the limits of the salary and compensation of the City officials, supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the dates indicated herein, and repealing all other ordinances in conflict therewith. The motion was seconded by Van Natta. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Leistiko said in light of the special meeting last week he wants to make the following motion: Leistiko moved: "That this Council authorize the President of the Council, Duane Larson, to contact the State Attorney General's Office and determine whether or not that office will assist this Council in answering the questions which arose out of the special meeting agenda item of Thursday, August 2, 2001, and to find out what the procedure would be if that Office can assist us in this matter. Further, this Council authorize President Larson to contact Dr. Ken Weaver of the Local Government Institute at Montana State University to ascertain if he is available for consultation to this Council concerning these issues and at what cost. Further, this Council authorize President Larson to ascertain the names of at least three attorneys who practice outside the Flathead Valley and who are knowledgeable and experienced in local government law and procedures who would be available to act as outside counsel should the need arise. This information will then be discussed at the first available workshop or at a special workshop devoted just to this topic". The motion was seconded by Kenyon. There was discussion. Kalispell City Council Minutes August 6, 2001 Page 14 of 15 Boharski said he opposes the motion for two reasons. He said if the Council agrees this is in the interest of the City, then it's something that perhaps the staff ought to do, and if the Council decides the staff shouldn't look into it, then the appropriate member of the Council to handle it is the Mayor. Leistiko said some of the issues pertain to the Mayor and he doesn't feel it would be appropriate for Boharski to be involved. Haarr stated he feels the Council should have a work session on the issue prior to voting on the motion. Scarff agreed. He said he just received Leistiko's motion and attached documents prior to the meeting and he hasn't had time to look at it. Van Natta said he doesn't object to postponing the motion as long as the Council discusses it at a work session in the next week or SO. Larson commented he feels the motion is straight forward and the Council shouldn't need to discuss it at a work session. Atkinson said these requests were read at the special meeting and he feels it's appropriate to gather further information prior to discussing it. Leistiko agreed that the Council needs the information prior to discussing it. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko and Van Natta voting in favor; and Haarr, Scarff and Boharski voting against. ADJOURN The meeting was adjourned at 10:15 p.m. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor Kalispell City Council Minutes August 6, 2001 Page 15 of 15