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08/20/01 City Council Minutes1876 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 20, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBERS DALE HAARR AND DOUG SCARFF WERE ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Larson moved approval of the Agenda with the deletion of Agenda Item #3 (Resolution 4648 - Resolution Placing "Straw Vote" on the November Ballot for Urban Renewal Projects); Item #4 (Resolution 4649 - Lions Park Carousel); Item #5 (Ordinance 1393 - Amendment to Administrative Ordinance 1166/Agenda); Item #6 (Ordinance 1394 - Amendment to Administrative Ordinance 1166/Roll Call Rotation); Item #7 (Ordinance 1395 - Amendment to Administrative Ordinance 1166/Finance Director); Item #8 (Ordinance 1396 - Amendment to Administrative Ordinance 1166/Building Department); and Item #15 (Stop Sign - 5th Avenue West North and Wyoming Street). The motion was seconded by Leistiko. There was discussion. Larson explained he would like the items removed to shorten the agenda in order for the Council to meet immediately following concerning a personnel issue. He said Agenda Item #3 was already discussed at a work session and he thought it had already been decided not to place a "straw vote" on the ballot. Larson said he doesn't feel the Council has been given enough information concerning Item #4, and he thinks Items #5, 6, 7, 8 and 15 can wait until the September meeting. Van Natta said he doesn't see any problem with leaving Item #15, a proposed stop sign at 5th Avenue West North and Wyoming Street, on the agenda because it shouldn't take long. Larson agreed to leave Item #15 on the agenda. The second concurred. Boharski stated there are people in the audience who would like to speak to Item #4, the Lions Park Carousel, and he asked that it also be left on the agenda. Larson agreed to also leave Agenda Item #4 on the agenda. The second concurred. The motion to delete Items #3, 5, 6, 7 & 8 from the agenda carried upon vote with Boharski voting against. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting August 6, 2001 2. Approval of Claims per Payables Register - $303,926.42 3. Award Bid - Outfront Rotary Motor - Kalispell Parks & Recreation Department One bid was received for a Rugged, Agile 1034 Foot Outfront Rotary Mower. Staff is asking Council to award the bid to Midland implement Co. for $32,121.00. Kalispell City Council Minutes Augu®t 20, 2001 1877 4. Award Bid - 911 Dispatch Furniture -- Kalispell Police Department One bid was received for a dispatch center console furniture support system with power gear and desktop enclosures. Staff is asking the Council to award the bid to Watson Furniture Systems for $30,790.00. 5. Reject Bid - 911 Dispatch Center Remodel - Kalispell Police Department One bid was received for this project from Davidson Construction of Whitefish for $20,600.00. The amount was higher than estimated and staff is asking the Council to reject the bid and direct the department to entertain quotes within the project estimates. 6. Recognition. - Police Officer of the Year Award On July 20th, the Montana Chiefs of Police Association presented Montana's annual "Officer of the Year" award to Kalispell Officer Scott Warnell. 7. Recognition - Police Officer Retirement Effective August 31, 2001, Paul Hahn will be retiring from the Kalispell Police Department following 24 years of service. Van Natta moved approval of the Consent Agenda. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Bill Goodman, 50 2nd Street East, stated he has made a couple of requests recently for Tax Increment Funds to help with the restoration of the KM Building. He said because he is now lobbying for the streetscape project, he is now retracting those requests. Sonoia Olson, 536 Parkway Drive, said her residence, along with ten other property owners, is adjacent to vacant property next to Northridge Park. She said the Plymouth Brethren are now planning to develop the property. Olson said a petition has been signed opposing any development and they would like to see it become part of Northridge Park. (Petitions are attached and by this reference are made a part of the official record) The following gave comments on the proposed Glacier Mall in Evergreen Diane Conradi, Citizens for a Better Flathead, asked the Council to take a hard look at a Master Plan Amendment proposed by Bucky Wolford for the Glacier Mall. She said the City needs to gather information on three issues before voting on the amendment: 1) traffic impacts; 2) adequacy of sewer and water facilities and; 3) economic impacts. Sharon Meester, 415 Chestnut Drive, said she's also concerned with the proposed Glacier Mall. She said she feels it's being "fast tracked" and she doesn't feel there's been enough information on how the mall will impact small businesses. Patricia Johnson, 714 4th Avenue East, said the Council needs to Kalispell City Council Minutes August 20, 2001 Page 2 of 10 s s • 6 consult with Whitefish, Columbia Falls, Bigfork and Lakeside prior to approving the Master Plan Amendment for the Glacier Mall. Gordon Pirrie, Western Outdoor, said he watched the Planning Board meeting with Bucky Wolf ord and it reminded him of when Gateway West Mall and the Center Mall were proposed. He said developers are always ready to make promises, but they rarely come true. Pirrie asked the Council not to believe everything Wolford says and take a hard look at the proposal. Mayre Flowers, Citizens for a Better Flathead, said the Glacier Mall proposal is being fast tracked due to a recent opinion issued by the County Attorney's office which states that HB 543 creates an October 1st deadline after which no zoning can go forward without a new growth policy plan in place. She asked the Council to get an opinion from the Attorney General's office and not rush the proposal through. The following spoke in favor of Resolution 4647 - -placing the estion of bonds fora proposed acruatic facility and skate ark on the November ballot Diana. Blend, 1035 5th Street West, presented a petition with signatures of people in favor of the skate park and aquatic facility. Marty Gemmer, 321 Montclair Drive, said there's a great need in the area for a skateboard park. He said local business people understand the liability risk with skateboarders and if the kids have a place to go it would take care of a lot of the problems. Barbara Fenchak, 367 Mountain View, said her son loves to skateboard and the kids need a safe place to practice the sport. FIREFIGHTER/PARAMEDIC CONFIRMATION Terry Gormley has successfully completed his one-year probationary period as a firefighter/paramedic for the Kalispell Fire Department and Council confirmation is required. Atkinson moved confirmation of Terry Gormley as a firefighter/paramedic for the Kalispell Fire Department, The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon vote. RESOLUTION 4647 - RESOLUTION PLACING AQUATIC FACILITY BONDS ON THE NOVEMBER BALLOT This resolution allows voters to decide on whether the City can issue general obligation bonds in the amount of $3,675,000 for the purpose of designing, constructing and equipping an Aquatic Recreational facility and Skate Park in Woodland Park. Larson moved Resolution 4647, a resolution of the City Council submitting to the qualified electors of the City of Kalispell, Montana, the question of issuing General Obligation Bonds in an amount of Three Million, Six Hundred and Seventy Five Thousand and no/100 dollars ($3,675,000) for the purpose of designing, constructing and equipping an aquatic recreational facility and Kalispell City Council Minutes August 20, 2001 Page 3 of 10 1879 skate park in Woodland Park,_and paying costs associated with the sale and issuance of the bonds recitals. The motion was seconded by Atkinson. There was discussion. Brian Milne, Interstate Engineering, gave an overview of the proj ect . Mike Baker, Parks and Recreation Director, answered questions from the Council. The following sipoke in favor of Resolution 4647 Terri Smith, 58 Westview Drive Laura Etzler, 1600 Whalebone Drive Connie Demler, 321 Montclair Bill Goodman, 50 2nd Street East Tracy Lost --Bear, 1277 McMannamy Draw Christopher Lost --Bear, 1277 McMannamy Draw Frank Garner, Kalispell Chief of Police Pam Kennedy, 1036 6th Avenue West Mayre Flowers, Citizens for a Better Flathead The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Van Natta and Boharski voting in favor. RESOLUTION 4649 - LIONS PARK CAROUSEL This resolution would give preliminary approval for a carousel to be located in Lions Park. Larson moved Resolution 4649, a resolution authorizing the use of Lions Park as the site for a carousel and establishing conditions. The motion was seconded by Counsell. There was discussion. Leistiko said he would presume the liability associated with the project would not fall on the City. Neier said it will be located in a City park, however the City can require the sponsors to carry liability in the amount the City is liable for. Van Natta said the resolution states the Council is attaching conditions, but there aren't any attached. He said he assumes the specifics will come before the Council during final approval, however, he still has a lot of questions like how much of the park the attraction will consume and how the private concessionaires are going to be accommodated on public property. Kalispell City Council Minutes August 20, 2001 Page 4 of 10 Larson said he also has a lot of questions and is afraid the project will take over the park, obscuring all of the hard work the Lions Club has done. Ed Wagnild, Lions Club Member, said he understands the concerns but the reason more information hasn't been provided before now is because everyone has been meeting as an "informal group". He added, however, things are starting to move along and a meeting is scheduled with a professional fund raiser next Wednesday. Wagnild said he feels this is a wonderful project and would fill the gap in the center of Lions Park perfectly. He said it would be a wonderful asset to the community and is overwhelmingly supported by Lions Club members. Mike Chamberlain, Lions Club President, said he believes the carousel will be an entertainment center for families and will induce and expand the use of the park. Atkinson said he feels the resolution only allows for the possibility of a carousel in Lions Park and he will vote in support of the resolution. Leistiko said he feels it's a good project, but he's concerned there isn't a time frame specified. Matt Waatti, 418 Orchard Ridge, said it's anticipated to take one to two years to raise the 1.4 million dollars. Leistiko moved an amendment to the resolution stating in the event funds are not raised within twenty four months, the project shall be subject to re -authorization by the Council. The motion was seconded by Atkinson. There was discussion. Counsell said Leistiko just added a condition and asked if adding conditions is now open ended. He said if so, then is the Council going to add conditions to the extent that it squelches the project. Counsell asked how it's going to be handled. Boharski said the group proposing the carousel asked for as vague a language as possible in this resolution with the understanding that any final design has to be approved by the Council. He said it boils down to a trust issue and added there isn't anything the Council does that can't be changed in the future. Kenyon commented that since the project requires final approval from the Council, he doesn't feel the amendment is necessary. Larson agreed, stating why would the Council care if it takes five or ten years to raise the money as long as the Council has final approval. Atkinson said he feels a time frame is appropriate because even though it's a good idea right now, it may go away if the funding isn't there. He said instead of leaving it on the books forever, there needs to be a closing date. The amendment carried upon vote with Kenyon voting against. Kalispell City Council Minutes August 20, 2001 Page 5 of 10 1881 The main motion as amended carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Van Natta and Boharski voting in favor. ORDINANCE 1397 - UNIFORM PLUMBING CODE - IST READING The Council needs to adopt the 2000 edition of the Uniform Plumbing Code in order maintain Kalispell's jurisdictional certification and its ability to enforce the codes. Atkinson moved first reading of Ordinance 1397, an ordinance to adopt, by reference, the "Uniform Plumbing Code", 2000 Edition, as the plumbing code of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Division, Department of Commerce, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded by Counsell. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Van Natta and Boharski voting in favor. ORDINANCE 1390 - INITIAL ZONING OF BANGS ANNEXATION - 2ND READING Neil Bangs has requested a zoning designation of RA-1, Low Density Residential Apartment, for a 0.30 acre parcel of property located on the east side of 5th Avenue East and north of 18th Street. Council passed Ordinance 1390 on first reading August 2nd. Van Natta moved second 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) to City RA-1 (Low Residential Apartment), in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded by Leistiko. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Van Natta and Boharski voting in favor. ORDINANCE 1391 - MOHRENWEISER ZONE CHANGE REQUEST - 2ND READING Richard and Judith Mohrenweiser have requested 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. Council passed Ordinance 1391 on first reading August 2nd. Boharski said a petition has been received that may have signatures from more than twenty five percent of the landowners within 150 feet of the subject property. He said if that's the case, then the zone change would require a 2/3 vote by the Council and he suggested the second reading be postponed until the petition can be reviewed. (Petitions are attached and by this reference are made a part of the official record) Kalispell City Council Minutes August 20, 2001 Page 6 of 10 Larson moved the second reading of Ordinance 1391 be postponed until September 4th. The motion was seconded by Leistiko. The motion carried upon vote with Kenyon voting against. ORDINANCE 1392 - AMENDING THE ANIMALS & FOWL ORDINANCE - 1ST READING This ordinance makes it possible to own pygmy goats and pot bellied pigs in the City limits. Council passed Ordinance 1392 on first reading August 2nd. Leistiko moved second reading of Ordinance 1392, an ordinance amending Chapter 4, Animals and Fowl, Kalispell Municipal Code by amending Ordinance No. 879, 9 1, permitting the keeping of pygmy goats and pot bellied pigs as household pets, and declaring an effective date. The motion was seconded by Counsell. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Van Natta and Boharski voting in favor. REQUEST FOR HOME GRANT ASSISTANCE - SAMARITAN HOUSE Staff is asking the Council to approve a payment of $10,600 to be gifted to Samaritan House for use in its application to the HOME program for a Tenant Based Rental Assistance Grant. Atkinson moved the Council approve the payment of the dollar match of $10,600 to be gifted to Samaritan House for use in its application to the HOME program for Tenant Based Rental funds. The motion was seconded by Van Natta. There was discussion. The motion carried unanimously upon vote. REOUEST FOR SINOPAH HOUSE ASSISTANCE - WESTERN MONTANA MENTAL HEALTH CENTER Staff is asking the Council to approve a payment of $10,000 to help with the construction of a new girl's youth home as part of the Mental Health Center's "Kalispell Campus" development. Atkinson moved the Council approve the payment of $10,000 to assist with the construction of a new girl's youth home known as the Sinopah House. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. STOP SIGN - STH AVENUE WEST NORTH AND WYOMING STREET Staff is asking Council to determine whether four-way stop signs are needed at the intersection of 5th Avenue West North and Wyoming Street. Larson moved to direct staff to prepare a resolution establishing a four-way stop at the intersection of 5th Avenue West North and Wyoming Street. The motion was seconded by Atkinson. There was no discussion. Kalispell City Council Minutes August 20, 2001 Page 7 of 8 1883 The motion carried unanimously upon Grote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS None ADJOURN The meeting was adjourned at 9:00 p.m. 1 ATTEST: /f Theresa white City Clerk Approved September 4, 2001 1 1 Wm. E. Soharski Mayor Kalispell City Council Minutes August 20, 2001 Page 8 of 8 Northridge Hartz $ Petition Against Proposed Church As you are probably aware of by now it has been proposed that a church group would line to buy from the City of Kalispell the lot north of the current city park in Northridge, Kalispell. Bwy signing this petition below you are agreeing that you DO NOT wish to see a church building erected on this land. SIGNATURE PRINT NAME ADDRESS DATE No �t-Soto 5 i-� L G ? -?O - U VIC e.rs00 pa-11 oneveL nil Son 5 2 P ', �, �c KEP S� 4 t'� �4a�ol 1 "`i c'i �5 �11 C' i� �PjH� ��J� 1'G.r :�, ; o r " G 3 c i �l 1 11 1 1 PETITION AGAINST REZONING 6135AAA and 6B 1885 We,The undersigned are in protest to the property known as 6B.&W and 6B requesting to be rezoned from R3 to RA3 which is what Meridian is zoned. We are R3 and this property butts this neighborhood and is 690 ft down a lane from Meridian. Access to this property from Underhill Court will be a traffic hazard. NAME PRINT ADDRESS PHONE NO. T 2 ..� - C I5 r:z, :, 7 W 3 r I ti I q5—�. 2 - 0 s�f't •j!� •� Vf C f y �`L- L� L 10 12 2j V, 744 13- 14 -7G1 15 iti �� -.5 f �lv. �,��rsKfuL 16 18 6 19 / f 21�- 22 ' 7 S`' 23 _a 24 _ . 25 ldlvU... � �� "�� 7- U73 �. C 27 JtEj Ne to, N -is 29_ i 30 �1 PETITION AGAINST REZONING 6BSAAA and 6B 1886 We,The undersigned are in protest to the property known as 6@$AAA and 6B requesting to be rezoned from R3 to RA3 which is what Meridian is zoned, We are R3 and this property butts this neighborhood and is 690 ft down a lane from Meridian. Access to this property from Underhill Court will be a traffic hazard. NAME PRINT ADDRESS PHONE NO.��IGNATURE 1 s 2 3 7c ii C� �� r 12 13 14 •� �t • ,,� ,. 15 18 - , - , 19 tea i cd Q�1 i s --+H9.1 20 21 r -, Cr. 3S U 22 EL r7 G L+ rw, ve -3 23 l r:A NK L-- 24 .iil 25 26 27 v'J�3-!� J z r - 28 29 30 EGA . 7 _s; 5-- ' 71S Viz- Z7 5'Let ki I tit 4 47, vt NAME (PRINT) ADDRESS PHONE NO. 1GNAT E 1 ,r- U - Y , 2 l i `��• i1` ? ''� t �/ Jr/�/ t r �� li Irk[ �� Il' �i t , '(- {1i}�~ �� % r� , ... ;... 3 4 5 6 7 8 9 10 19