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