Loading...
09/17/01 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, SEPTEMBER 17, 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 WERE PRESENT. Mayor Boharski called the meeting to order and introduced the Big Sky Classic Touch Quartet who sang the National Anthem and a prayer in honor of those who died and those who are suffering as a result of the terrorist attacks on September 11th. AGENDA APPROVAL Haarr moved approval of the Agenda with Consent Agenda Item #4, Authority to Advertise - Streetscape, removed from the Consent Agenda and placed as Agenda Item E/l. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting September 4, 2001 Council Minutes - Special Meeting September 10, 2001 2. Approval of Claims per Payables Register - $197,498.43 3. Award Bid - Four Wheel Drive Module Ambulance - Fire Department Three bids were received for a new ambulance from Braun Northwest ($89,875.00), Pacific Emergency Vehicles (86,460. 00) , and Wheeled Coach ($88, 876.00) . Staff recommended the bid be awarded to Wheeled Coach, 4, Authority to Advertise - Streetscape (Removed from Consent Agenda and placed as Agenda Item E/1) 5. Proclamation - Kids Day America September 22nd marks the seventh annual Kids Day America, which focuses on health, safety and environmental awareness. G. Retirement Recognition - Public Works Superintendent Following fifteen years of service, Dick Brady is retiring from his position as Kalispell's Public Works Superintendent to work in the private sector. Scarff moved approval of the Consent Agenda. The motion was seconded by Van Natta. There was discussion. Haarr questioned why staff is asking that the ambulance contract be awarded to Wheeled Coach, even though it wasn't the lowest bid. Fire Chief Randy Brodehl said the bid from Pacific Emergency Vehicles was for a 2001 chassis, not a 2002 chassis as requested, and therefore did not meet specifications. He added that with the trade-in Wheeled Coach is offering, the actual purchase price will be $85,476.00. Kalispell City Council Minutes September 17, 2001 1909 The motion carried unanimously upon vote. Boharski announced that the public hearing scheduled for this evening on a master plan amendment request by Wolford Development was postponed at a ,special meeting September 13th. HEAR THE PUBLIC Stuart Smith, 1014 4th Avenue West, asked the Council for a loading zone in front of his business at 160 3rd Avenue WN because of the parking problem. Charles Mercord, 42 Hillcrest Drive, said the Flathead Lakers have identified Evergreen as one of the areas critical to the Flathead watershed and he urged the Council to make sure that any development in this area takes special precautions to capture, remove and treat run off to protect the water quality. Diane Conradi, Citizens for a Better Flathead, expressed support for the City in taking the time it needs to look at all of the impacts from the proposed mall, including water quality issues. Jean Johnson, Stokes & Associates, stated he wants to make it clear that Wolford Development and his office were strongly opposed to the cancellation of the public hearing this evening. C.M. Clark, KM Building, said he's been following the proposed mall and he feels the public is only getting half truths from the developer. Kathleen Curtis, 1445 Woodland Avenue, said she is opposed to the mall proposal and feels businesses should be encouraged to locate downtown. Ann Robinson, 501 west Arizona, stated she is also opposed to the proposed mall and added the City can't even keep the downtown mall full. Pamela Kennedy, 1036 6th Avenue West, said master plan amendments should be reviewed on whether conditions have changed in the area since the plan's adoption and she asked the Council to take the time to study the proposal in its entirety. PUBLIC HEARING - SUNNY VIEW LANE ABANDONMENT Northwest Healthcare Corporation has requested the abandonment of Sunny View Lane which is to be relocated under the Special Improvement District recently approved by the City Council. Boharski opened the public hearing. Proponents None Opponents None Boharski closed the public hearing. RESOLUTION 4656 - SUNNY VIEW LANE ABANDONMENT This resolution abandons a portion of the road and transfers the right-of-way to Northwest Healthcare Corporation. Kalispel[ City Council Minutes September 17, 2001 Page 2 of 9 1910 Scarff moved Resolution 4656, a resolution to abandon and discontinue a portion of Sunny View Lane, adjacent to Kalispell Regional Hospital, as described in Exhibit "A". The motion was seconded by Haarr. There was discussion. Boharski commented that the original intent of the SID was to improve Sunny View Lane from Highway 93 to Grandview Drive. He said instead, the area from Glacier View Drive to Grandview Drive was eliminated, despite a reference in a Conditional Use Permit issued to the hospital. He stated he feels this will be a problem in the future and urged the Council to look at issues carefully prior to taking action. The motion carried unanimously upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. AUTHORITY TO ADVERTISE FOR BID - STREETSCAPE DESIGN Staff is asking Council to approve advertising for qualified firms to design the streetscape project. Leistiko moved the Council authorize the Public Works Department to advertise and interview qualified firms, and prepare to recommend a firm to design a streetscape project. The motion was seconded by Larson. Public Comment Marshall Noice, 647 4th Street East, said he spoke with twenty five downtown merchants and only two were opposed to the streetscape project. He said streetscape is integral to rejuvenate the downtown and urged the Council to move forward with the design phase. Richard Mohrenweiser, 611 Lower Valley Road, asked the Council to send out mailings to all of the downtown businesses to get input on the project from the entire area. Pamela Kennedy, 1036 6th Avenue West, suggested the Council include in the design phase a large portion of time for the engineer to work with the downtown business owners. Charles Mercord, 42 Hillcrest Drive, said he's been involved in redevelopment of Kalispell for a long time and the City's biggest priority should be the relocation of the railroad out of the downtown area. There was discussion. Haarr said he doesn't feel the right issues have been addressed for the expenditures of this money. He said there will be no improvements made to Main Street with all of the money being used on 1st Avenues East and West. He said the City doesn't need a streetscape project, it needs reclamation and development of downtown property. Larson said the private sector has spent thousands of dollars in the downtown area and the streetscape plan will enhance those investments. Van Natta said he will support retaining a design consultant, however, he's already on record as not being thrilled with all of Kalispell City Council Minutes September 17, 2001 Page 3 of 9 1 the aspects of the project. He said he's concerned with turning a four -lane road into two lanes and he hopes the design will allow the City to return to four lanes if necessary in the future. Leistiko said it's time to move forward with the design process so the City can decide what's possible to do. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Scarff and Van Natta voting in favor, and Haarr and Boharski voting against. ACTING CITY ATTORNEY APPOINTMENT Due to the retirement of Glen Neier, Boharski recommended Assistant City Attorney Charles Harball be appointed Acting City Attorney until the position is filled. Larson moved Council accept the Mayor's recommendation and appoint Charles Harball as Acting City Attorney. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. ORDINANCE 1391 - ZONE CHANGE REQUEST - MOHRENWEISER - 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 of property east of North Meridian Road and west of Highway 93. Council passed Ordinance 1391 on first reading August 6th. Boharski explained a petition was filed with the City following the first reading and the law requires that if 25 percent of residents living within 150 feet of a zone change protest that change, then a two thirds ,note of the Council is required. He said the Planning Staff researched the petitions which appear to represent 25.7 percent of the property owners. Boharski said he is therefore recommending the Council proceed with the second reading of the ordinance and the requirement of a two thirds vote to pass. Haarr moved second 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 Scarff. Public Comment Ann Robinson, 501 West Arizona Street, said the property is surrounded by R-3 and the zone change should be denied. She said in addition, if apartments are placed on that piece of property, it will add to an already existing traffic problem. Billy Jo Malone, 627 Underhill Court, said she lives next to the property in question and the roads are very narrow with no sidewalks. She said there's going to be real problems with access to the development. Kalispell City Council Minutes September 17, 2001 Page 4 of 9 Kelly Wilke, 625 Underhill Court, said Underhill Street is just a one -lane road and during the winter it's treacherous. He said if a lot of traffic is added to that road, there's going to be some major accidents. Jean Johnson, Stokes & Associates, said he represents Mohrenweiser and encouraged the Council to approve the zone change. He said the Council has a duty to look at the Master Plan which indicates this area is good for affordable housing and high density. Richard Mohrenweiser, 611 Lower Valley Road, said the people passing around the petitions used intimidation techniques and lies to gather signatures. He said the zone change request is in compliance with the neighborhood plan and the master plan. Mohrenweiser asked the Council not to allow a few people who don't want change to affect what is proper and correct. There was discussion. Van Natta said he opposed the zone change on first reading and he's still opposed. He said the only public access to the property is through the residential district to the south and a zone change of RA-3 would potentially create a higher level of traffic. In addition, Van Natta said a RA-3 zone may be compatible with Meridian, but in his opinion it's not compatible with the R-3 to the south. Boharski reminded Council members the zone change request received a favorable recommendation from the Planning Board and does comply with the master plan. The motion failed upon roll call vote with Counsell, Haarr, Scarff and Boharski voting in favor, and Atkinson, Kenyon, Larson, Leistiko and Van Natta voting against. FINAL PLAT APPROVAL - BUFFALO COMMONS LOT 2 BLOCK 2 PHASE 3 This is a request for final plat approval of a one -lot subdivision in the Buffalo Commons development. The lot contains 0.925 acres in the Retail/Commercial/Office pod of the Buffalo Commons Planned Unit Development. Haarr moved final plat approval for Buffalo Commons Lot 2, Block 2, Phase 3. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. ORDINANCE 1393 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 - AGENDA - 2ND READING This ordinance changes the submission date for agenda items to the Wednesday preceding the Council meeting. Council passed Ordinance 1393 on first reading September 4th. Atkinson moved second reading of Ordinance 1393, an ordinance amending Chapter 2, Administration, Kalispell Municipal Code by amending Ordinance 1166, § 2-10, "Agenda", adjusting the time by which agenda items must be submitted to the City Manager, and authorizing the City Attorney to recodify 5 2-10 in accordance with this ordinance and declaring an effective date. The motion was seconded by Counsell. Kalispell City Council Minutes September 17, 2001 Page 5 of 9 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 1395 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 - FINANCE DIRECTOR - 2ND READING This ordinance removes the Personnel Specialist from the supervision of the Finance Director and places it under the City Manager. Council passed Ordinance 1395 on first reading September 4th. Atkinson moved second reading of Ordinance 1395, an ordinance amending Chapter 2, Administration, Kalispell Municipal Code by amending Ordinance 1166, § 2-44 removing the personnel policy procedures from the duties of the City Finance Director; authorizing the City Attorney to recodify § 2-44 in accordance with this ordinance and declaring an effective date. The motion was seconded by Leistiko. 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. ORDINANCE 1396 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 - BUILDING DEPARTMENT - 2ND READING This ordinance removes the Building Department from the supervision of the Community Development Department and places it under the Fire Department. Council passed Ordinance 1396 on first reading September 4th. Atkinson moved second reading of Ordinance 1396, an ordinance amending Chapter 2, Administration, Kalispell Municipal Code by amending Ordinance 1166, § 2-51 and § 2-48, changing the title of the Planning, Economic and Community Development Director, removing the planning and master plan functions from the duties of said director; and removing the building and zoning functions from the duties of said director and assigning them to the Fire Chief; and authorizing the City Attorney to recodify § 2-51 and § 2-48 in accordance with this ordinance and declaring an effective date. The motion was seconded by Larson. There was no discussion. The motion carried upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta voting in favor, and Boharski voting against. ORDINANCE 1398 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 - CITY ATTORNEY - 2ND READING This ordinance removes the City Attorney from the supervision of the City Council and places it under the City Manager. It also removes the appointment of the City Attorney from the Council and places it under the City Manager. Council passed Ordinance 1398 on first reading September 4th. Atkinson moved second reading of Ordinance 1398, an ordinance amending Chapter 2, Administration, Kalispell Municipal Code by amending Ordinance 1166, § 2-3, amending the duties of the Mayor; Kalispell City Council Minutes September 17, 2001 Page 6 of 9 9 2-23, amending the review of ordinances, resolutions and contracts; S 2-53, amending the appointment of the. City Attorney; 9 2-54, amending the duties of the City Attorney; and authorizing the City Attorney to recodify §9 2-3, 2-23, 2-53, 2-54 in accordance with this ordinance and declaring an effective date. The motion was seconded by Larson. There was discussion. Haarr said this ordinance "unlinks a very valuable checks and balance system". Leistiko said he discussed the issue with former Interim City Manager Al Thelen who feels it's time to make the change. He said Thelen agrees with Great Falls, which believes the City Attorney must report to the City Manager to make the system run smoothly. Leistiko said the Council isn't changing any of the Attorney's duties or responsibilities and "there are plenty of safeguards still in effect sa long as the Council does its job". Charles Mercord, 42 Hiilcrest Drive, asked if it's true that the Mayor has started a petition drive to take this ordinance before the voters. Boharski said he feels the public has the right to vote on this change and the petition would allow that. Mercord said he feels the majority of the Council is voting the wishes of the public and asked them to stand by their votes. Ann Robinson, 501 West Arizona, said the Mayor is starting more trouble and once again asked for his resignation. Larson said a petition should be circulated by the public, not a member of the Council, and he's disappointed the Mayor has decided to move forward on this. Atkinson said he applauds the Mayor's right to do what he's doing, but he feels it's an abuse of power when the governing body has already made its intentions known. He told the public the Council as a Whole is looking out for their best interest and he feels the Mayor is taking a lot more control than he should be under the Manager/Council form of government. Diane Conradi, Citizens for a Better Flathead, said she didn't know about the petition and she's concerned about the propriety of a Council member seeking to undermine the authority of the Council. She said Boharski has a clear conflict of interest and should excuse himself from voting on this issue. Jean Johnson, 787 North Main, said he wasn't aware of the petition but feels this ordinance is inappropriate. He said he' s concerned, as a taxpayer, delegating more authority to the City Manager. Johnson said the attorney represents the entire City and the Council should have free access to the attorney without going through the City Manager. Boharski stated like any other citizen of the City of Kalispell, he has every constitutional and statutory right to start a petition process if he feels there is action taken by the Council that is inappropriate. He said a request at a previous meeting to put this 1 r Kalispell City Council Minutes September 17, 2001 Page 7 of 9 change before the voters was not honored, and therefore, the only option he has to get it before the voters is to gather signatures. 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. ORDINANCE 1399 - INITIAL ZONING - MUSKRAT SLOUGH SUBDIVISION - 2ND READING Tim Birk has requested a zoning designation of City R-4, Two Family Residential, for nine acres located on the north side of Russell Drive and west of Willow Glen Drive. Haarr moved second reading of Ordinance 1399, 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 7N and 70H in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-5, Two Family Residential) to City R-4 (Two Family Residential), in accordance with the City -County Master Plan, and to provide an effective date. 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 4657 - SPECIAL RESPONSE FEE SCHEDULE Each year, the Kalispell Fire Department responds to about three hundred incidents that are reimbursable outside of the general tax base, including motor vehicle accidents, hazardous materials events and special rescues. The Fire Department is asking Council to approve a fee schedule for these special responses. Larson moved Resolution 4657, a resolution establishing a special response fee schedule for the use of specialized equipment and personnel of the Kalispell Fire Department and declaring an effective date. The motion was seconded by Atkinson. There was discussion. Randy Brodehl, Fire Chief, said the Fire Department gets about 300 calls a year that are identified as special responses and rescues by insurance companies and those are the ones the department would like to see covered. The motion carried unanimously upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4658 - BUDGET AMENDMENT - AFFORDABLE HOUSING PROGRAM The original budget for affordable housing was overstated by $75,132.00 and available funds require that the appropriation be reduced to provide for a balanced budget. Scarff moved Resolution 4658, a resolution amending the annual appropriations for affordable housing budget as set forth in the 2001-2002 City Budget adopted by the City Council. The motion was seconded by Atkinson. There was no discussion. Kalispell City Council Minutes September 17, 2001 Page 8 of 9 The motion carried unanimously upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4659 - BUDGET AMENDMENT - PARKING COMMISSION The original parking commission budget of $207,697 has been modified by the board with the new appropriation amount set at $115,992. Van Natta moved Resolution 4659, a resolution amending 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 no discussion. The motion carried unanimously upon roll call vote with Atkinson, Counsell, Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor. SPECIAL CITY PROSECUTOR APPOINTMENT The City Attorney's office is requesting the Council appoint Flathead Deputy County Attorney Richard Hickel as Special City Prosecutor for those instances when a conflict arises with the City prosecutor and a criminal case. Larson moved Richard Hickel be appointed as Special City Prosecutor. The motion was seconded by Scarff. There was discussion. The motion carried unanimously 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 Boharski thanked the Junior ROTC program for erecting the flags in the City during these troubled times in our nation. Larson thanked the Mayor for inviting the Big Sky Classic touch to sing at the start of the meeting. He said he would like the Council to discuss the possibility of having different clergy throughout the area give an invocation at the start of each meeting. Larson also thanked everyone who worked on the memorial service and benefit Sunday for the New York Fire Department and emergency ,workers. Kukulski reminded the Council that a work session is scheduled for Thursday evening to clarify the process the City wants to follow in handling the master plan amendment request from Wolford Development. ADJOURN The meeting was adjourned at 9:45 p.m. ATTES: Theresa White City Clerk Wm. E. Boharski Mayor Approved October 1, 2001 Kalispell City Council Minutes September 17, 2001