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04/16/01 City Council Minutes1754 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 16, 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 with the addition of two items under the Consent Agenda; a claim to Process Heating Company, Inc. in the amount of $33, 492.00 and a Proclamation for Credit Education Week. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting April 2, 2001 2. Approval of Claims per Payables Register - $187,760.19 3. Proclamation - Arbor Day 4. Proclamation - Credit Education Week Scarff moved approval of the Consent Agenda. The motion was seconded by Larson. There was discussion. Kukulski explained the Process Heating claim is for the purchase of a unit that goes in the back of a dump truck to hold heated asphalt for street patching. He said the claim for $33,492.00 is roughly $20,000.00 below what was budgeted. The motion carried unanimously upon vote. HEAR THE PUBLIC David Brown, 1925 Belmar, provided the Council with additional information concerning the relationship between faulty nutrition and alcoholism. Greg Stevens, City -County Planning Board President, stated he is concerned the joint Planning Board has only two regular meetings left under the current znterlocal Agreement. He said what authority does the Planning Board have after the agreement expires. Stevens said the Council should drop the pending lawsuit and immediately sit down with the County to update the Interlocal Agreement. (Two letters submitted by Stevens are attached and incorporated herein as if set forth in full at this place) David Downey, 344 6th Avenue East, presented a letter to the Council updating members on what has been accomplished at Lawrence Park and what the Friends of Lawrence Park have planned for the future. (Letter is attached and incorporated herein as if set forth in full at this place) Kalispell City Council Minutes April 16, 2001 1755 Bill Wright, 1104 lst Avenue E., Street Tree Commission Member, presented the Tree City USA Growth Award to Kalispell. Kukulski introduced Kalispell's new Fire Chief, Randy Brodehl. He said Brodehl has 30 years of firefighter experience, most recently working as a shift commander in Corvallis, Washington. Haarr, referring to Greg Stevens' letters and concerns, stated a legal opinion provided by Glen Neier states "the legal authority authorizing action by Planning Boards is not dependent upon any interlocal agreement". Haarr asked Neier to explain further. Neier said essentially, it's his office's opinion that the City - County Planning Board can continue to function in an advisory capacity without the need of a formal interlocal agreement because the respective governing bodies hire its staff and independently finance the costs. He said the Planning Board is not affected by the withdrawal of the County from the County Administrative Board. FIRE DEPARTMENT COMMENDATIONS Assistant Fire Chief Tec Mower presented Toby Hubbard, Kirk Pederson and Terry Gormley with Excellence Awards for the way they handled a recent 911 call concerning a pregnant woman from Missoula. Pederson was also presented with a Citizenship Award for his work with the Department's car safety seat check clinic, and Tim Soule was presented an Achievement Award for the many hours he has spent writing grants for specialty equipment. RESOLUTION 4609 - REVISING THE TAX INCREMENT ASSISTANCE PROGRAM The Architectural Review Committee is recommending several changes to the TIF Commercial Loan Program in an attempt to make funding available to as many applicants as possible. Scarff moved Resolution 4609, a resolution adopting an application process and procedure for reviewing tax increment assistance authorized by Ordinance #933 on redevelopment projects in the City of Kalispell. The motion was seconded by Larson. There was discussion. Haarr commented he's glad to see the program is being fine tuned and the Community Development Department has done a good job of stretching dollars. The motion carried unanimously upon roll call vote. MAYOR COUNCIL/CITY MANAGER'S REPORTS Leistiko moved the Mayor appoint three Council members, with one member as chairman, to a committee for the purpose of conducting the City Manager's annual evaluation. The motion was seconded by Kenyon. There was discussion. Boharski suggested the Council vote on the motion and then allow him to discuss it at the workshop following the meeting in order to give him some time to choose the members. The motion carried unanimously upon vote. Kalispell City Council Minutes April 16, 2001 Page 2 of 3 1756 Atkinson said the City Attorney also needs an evaluation which he believes hasn't been done for about two years. Boharski asked Neier what the terms of his contract are. Neier stated there isn't a contract because he hasn't been reappointed. Atkinson moved the Mayor appoint three Council members, with one member as chairman, to a committee for the purpose of conducting the City Attorney's annual evaluation. The motion was seconded by Leistiko. The motion carried unanimously upon vote. Leistiko said he will be traveling to Boise, Idaho, Wednesday and Thursday as part of a High Tech Development Tour organized by the Kalispell Chamber of Commerce. He said several local business people will also be attending. Boharski stated April 30th is the opening date for filing for City elections and announced he will be filing for reelection. ADJOURN The meeting was adjourned at 8:00 p.m. ATTEST: Theresa Whi e City Clerk Approved May 7, 2001 - UmIlAft&I Wm. E. Boharski Mayor 1 Kalispell City Council Minutes April 16, 2001 Page 3 of 3 1757 KALISPELL CITYZCOUNTY PLANNING BOARD April 12, 2001 To: Flathead County Commissioners Kalispell City Council Re: Legal Status of the Kalispell City/County Planning Board The joint planning board for Flathead County and the City of Kalispell would like some clarification as to our legal status as of the 1" of July. Is there any inter -local agreement which gives us legal authority to continue functioning after July 1", 2001? If so, where is it and what does it say? We need a copy of any such agreement, so that we know what our responsibilities and duties are. We request a timely written response from the corm -mission and the council so that we may have a document to guide us in our work sessions. As of this date, the only document referred to has been Kalispell City Ordinance #725. The ordinance was cited to the council in a letter of January 1 Oth, 2001, from the City Attorney. Does the City of Kalispell intend to honor the agreement embodied in that Ordinance, or does it intend to establish a Tri-City planning group and assign powers and duties to some entity other than the joint board? Section 12 of the Kalispell City Ordinance #725 states that "At the proper time as required by law, the board shall submit to the county a budget of its requirements for the fiscal year." Since the 2001-2002 Fiscal Year Budget Schedule for Flathead County conunences April 16th with a proposed budget deadline of May 18'h, we will need to begin work right away to fulfill our responsibilities if Ordinance #725 is the authority for our existence on July 1st. Please respond as soon as possible. Time is of the essence now, so that the board can fulfill it's legal duties and obligations. Sincerely Kalispell City/County Planning Board Greg evens, President 1 1758 KALISPELL CITY/COUNTY PLANNING D To: Flathead County Commissioners Kalispell City Council April 15, 2001 71 H I APR I G PM 4'- 46 KALISPELL CITY CLERK The Kalispell City/County Planning Board urges the council and the commission to create a method whereby the issues raised by our letter of April 12t', 2001, can be addressed and resolved. Difficult challenges often contain significant opportunities for improvement and we hope this to be the case in this situation. We hope that a planning structure can be developed which will be more productive and less divisive for the community. The last sentence of the letter of April 2, 2001, from the commission's attorney states "The county invites the cities to come to the table to work on creating,a more responsive system of planning for the citizens of Flathead County and looks forward to hearing from you in the near future." If an updated inter -local agreement needs to be mutually established by Kalispell and Flathead County, then that offer could present a beginning point. The joint board is willing to give any assistance it can for a smoother, more unified transition to a new city/county relationship. Sincerely, Kalispell City/County Planning Board Greg S vens, President C 1 1 1759 To: Mayor City Council, City Manager of Kalispell Concerning: Lawrence Park It hardly seems possible that we started to save and enhance Lawrence Park in 1985 (over fifteen years ago). Thanks to you the city council and the generous help from individuals, civic organizations and businesses, we have another beautiful city park besides Woodland park. These are some of the improvements that have been made over the years. 1. The hillside north of the playfield area has been sloped back and stabilized. 2. The playfield area was reclaimed from a waste disposal area, and made into a beautiful general use playfield and it's irrigated. 3. Wetlands have been added. 4. Two picnic pavilions were built, one for the historic Lawrence Park (by the Nofsinger Springs) and one for the playfield area. 5. New toilets have been built for both areas. b. A walking, bicycling trail has been established from north main street through the park. 7. A trail has been built to a viewing area across the reclaimed slope. 8. A playground with swings, slides etc. was built by volunteers and generous donations. 9. Trees have been planted. Now what's coming? 1. We'll soon have a walking bicycling bridge over the Stillwater River. This will connect with a trail from Whitefish Stage for access to the park and the city. It will be much safer for kids than Whitefish Stage. 2. A higher viewing area on the bank. The existing one gives a fine view of the park and the view to the east. The higher one will provide a wonderful view of the city and the mountains beyond, and also a view to the west. 3. Another picnic pavilion would be a good addition, but there are no definite plans for it at this time. Now the main reason you're being addressed tonight is to let you know that there are severe problems with the road. It's a real dust problem for both those using the park and the families that live close to the park entrance. Also gravel from the road gets onto the walking bicycle trail, making that quite dangerous to use, especially for people on bicycles. I know you have a budget coming up. Perhaps you could pave the road in sections to spread out the cost. Thank you for your kind attention. ka--e- Dave Downey President Friends of Lawrence Park 1