06/18/01 City Council Minutes1780
A REGULAR MEETING OF THE ICALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JUNE 18, 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 Ordinance
1382, a Zoning Text Amendment Request as Agenda Item E/8. The
motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting June 4, 2001
2. Approval of Claims per Payables Register - $797,678.63
3. Award Bid - Secondary Clarifier Rehabilitation Project - WWTP
Three bids were received for this project from Long Painting
of Seattle, Washington; F.D. Thomas of Medford, Oregon; and
S&S Coatings of Spokane, Washington. Staff recommended the
contract be awarded to F.D. Thomas on a base bid of $132,000.
Scarff moved approval of the Consent Agenda. The motion was
seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Mary Bowdry, Stream International, gave Council members an update
on Stream stating the Kalispell organization, now a year and two
months old, has over 800 employees, including those in training.
She said over 60 percent came from this area and surrounding towns.
PUBLIC HEARING ON BUDGET AMENDMENTS
The City Council will receive public comments on the following
resolutions concerning seven budget amendments for the 2000-2001
Fiscal Year: Resolution 4624 Ambulance Fund; Resolution 4625 Self -
Insured Health Fund; Resolution 4626 US Highway 93 North Water
Bond; Resolution 4627 Water Fund/Water Meter Program; Resolution
4628 Light Maintenance Fund; Resolution 4629 - Special Improvement
District #343.
Scarff moved the public hearing be opened. The motion was seconded
by Leistiko.
There was no discussion.
The motion carried unanimously upon vote.
Proponents
None
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June 18, 2001
1781
opponents
None
Boharski closed the public hearing.
RESOLUTION 4624 - BUDGET AMENDMENT - AMBULANCE FUND
This resolution amends the ambulance budget for an accounting
change requiring the appropriation of an amount for bad debt
expenses previously treated as a reduction of revenue.
Leistiko moved Resolution 4624, a resolution amending the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 2000-2001 Budget adopted by the City Council for the purpose of
appropriating funds for ambulance debts. The motion was seconded by
Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4625 - BUDGET AMENDMENT - SELF INSURED HEALTH FUND
This resolution amends the Self Insured Health Fund to appropriate
available funds to pay health claims.
Scarff moved Resolution 4625, a resolution amending the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 2000-2001 Budget adopted by the City Council for the purpose of
appropriating funds for health claims. The motion was seconded by
Van Natta.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4626 - BUDGET AMENDMENT - US HIGHWAY 93 NORTH WATER BOND
This resolution amends the Water Bond Revenue Fund to appropriate
funds for the Highway 93 North water project. Revenue bonds were
sold for the project and funds will be drawn down this month.
Van Natta moved Resolution 4626, a resolution amending the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 2000-2001 Budget adopted by the City Council for the purpose of
appropriating funds for the U.S. #93 North Water Bond. The motion
was seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4627 - BUDGET AMENDMENT - WATER METER PROGRAM
Budget authority is needed for the water meter replacement contract
and funds will be carried forward to the next fiscal year.
Atkinson moved Resolution 4627, a resolution amending the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 2000-2001 Budget adopted by the City Council for the purpose of
appropriating funds for the water meter replacement program. The
motion was seconded by Counsell.
There was no discussion.
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The motion carried unanimously upon roll call vote.
RESOLUTION 4628 - BUDGET AMENDMENT - LIGHT MAINTENANCE FUND
This resolution amends the fund by $7,000 for unanticipated
electricity costs.
Counsell moved Resolution 4628, a resolution amending the annual
appropriations of the City of Kalispell, Montana as set forth in
the 2000-2001 Budget adopted by the City Council for the purpose of
appropriating funds for street light maintenance. The motion was
seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4629 - BUDGET AMENDMENT - SPECIAL IMPROVEMENT DISTRICT
#343
This resolution creates the budget necessary for construction costs
associated with SID #343 in the amount of $1,618,500.
Haarr moved Resolution 4629, a resolution amending the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 2000-2001 Budget adopted by the City Council for the purpose of
appropriating funds for Special Improvement District #343. The
motion was seconded by Scarff.
There was discussion.
The motion carried unanimously upon roll call vote.
ADOPTION OF PRELIMINARY BUDGETS AND NOTICE OF PUBLIC HEARING
The City Council is required to adopt the Preliminary Budgets by
July 10th and properly notice the process for public hearing and
final adoption. The public hearing is scheduled for July 16th.
Van Natta moved Council adopt the City, City -County Health and
Parking Commission preliminary budgets and authorize notice of the
public hearing. The motion was seconded by Larson.
There was discussion.
Kukulski gave an overview of the 2001-2002 Fiscal Budget and
explained the budget is approximately 28 million dollars with the
following breakdown:
4%
General Government
$
1.2(M)
15%
Public Safety
$
4.3(M)
45%
Public Services
$12.5(M)
5%
Public Well Being
$
1.3(M)
19%
Community Development
$
5.1(M)
12%
Other Budgets
$
3.3(M)
1
Boharski stated he will oppose the preliminary and the final
budget. He said he's concerned with several things: administrative
salaries; the changes in how recreation programs are being funded;
the lack of a policy for reimbursement on the utility extension on
Highway 93 South; how often the City replaces heavy equipment; and
the need for a parking commission.
The motion carried upon vote with Boharski voting against.
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ORDINANCE 1384 - ZONING TEXT AMENDMENT - HEIGHT LIMIT IN THE B-2
GENERAL BUSINESS ZONING DISTRICT - 1ST READING
Jackola Engineering requested an amendment to the Kalispell Zoning
Ordinance to increase the maximum height limit in the B-2 zoning
district from 35 to 50 feet. The planning Board recommended the
height limit in the B-2, plus the B-3, Community Business
Districts, be changed from 35 to 40 feet.
Haarr moved first reading of Ordinance 1384, an ordinance amending
Section 27.14.040(4) of the Kalispell Zoning Ordinance, (Ordinance
No. 1175), by amending the maximum height limit to 40 feet in the
B-2, General Business and B-3, Community Business Districts and
declaring an effective date. The motion was seconded by Van Natta.
There was discussion.
Haarr commented that with the density concerns facing this area,
height limits should be more generous. Referring to a memo from
Fire Chief Randy Brodehl, Haarr said it's frustrating to be told
the City's ladder truck doesn't go high enough to allow tall
buildings. He said that's an "antiquated issue" and the future of
Kalispell needs more density. Haarr said he's in favor of granting
the applicant's request of 50 feet.
Brodehl stated the Fire Department's not in the business of
regulating the height of buildings, but how the buildings are
constructed. He said the Fire Department's only concern is that the
buildings are built according to code.
Leistiko said at the Planning Board hearing, Sharon Jackola stated
Jackola Engineering would prefer 50 feet, but 40 feet would be
adequate. He said he feels the Council should listen to the Fire
and Police Departments when it comes to safety and stay with the
recommended 40 feet.
Boharski commented when the Council recently changed the height
limit in the H-1 zone, there was discussion of making the limit 60
feet City wide. He said with the way new buildings are being
constructed, at least 13 feet is required floor -to -floor and 40
feet will accommodate a three-story building. Boharski added,
however, if the City approved a 60 foot level, then the H-1, B-2
and B-3 zones would be consistent and Kalispell would be able to
allow for four-story buildings in the future.
Counsell stated as an architect and designer, as you add more
mechanical systems the floor to ceiling height has to be higher.
He said it becomes very difficult to plan a building with a 35 to
40 foot height and still maximize the lot size and the use of the
structure. Counsell said he agrees with Boharski that a height
limit of 60 feet should be considered.
Kukulski suggested that for the sake of Jackola's plans, the
Council approve the change as recommended and consider higher
limits in the near future.
Van Natta said he agrees the Council should vote for the amendment
as recommended and then send the issue back to the planning staff.
He said rather than the Council making a quick decision, the height
limits need to be looked at carefully.
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Larson agreed that changing it tonight would be "shooting from the
hip" and the Council should vote on the recommendation presented.
The motion carried unanimously upon roll call vote.
RESOLUTION 4630 - ADDENDUM TO CONSTRUCTION AGREEMENT FOR FEDERAL
AID PROJECT NO. CM -NH 5-3(51)112F
The original agreement for the Main Street reconstruction project
inadvertently excluded maintenance responsibilities of the park
areas at Main and Idaho. As per originally agreed, the addendum
states the City shall maintain those park amenities bordering the
project.
Larson moved Resolution 4630 which states: "It is hereby resolved
by the City Council of Kalispell that the City Agreement of Federal
Aid Project No. CM -NH 5-3 (51) 112F with the State of Montana, acting
by and through the Department of Transportation, is adopted by this
Council; and the Mayor of Kalispell is hereby empowered and
authorized to execute said Agreement on behalf of the Council of
Kalispell". The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
MODIFICATION TO CTEP PROJECT AGREEMENT - MERIDIAN TRAIL CONNECTOR
A modification of the original construction agreement is being
requested to include an additional 1,000 feet of trail with
landscaping and trees. The modification increases the City's match
by $11,217.00.
Scarff moved approval of the Modification to the CTEP Project
Agreement for the Meridian Trail Connector. The motion was seconded
by Atkinson.
There was discussion.
Mike Baker, Parks and Recreation Director, explained the amendment
includes additional handicapped access, trees, benches and provides
for extending the pedestrian trail to the Youth Athletic Complex.
The motion carried unanimously upon vote.
MODIFICATION TO CTEP PROJECT AGREEMENT - LAWRENCE PARK TRAIL
A modification of the original construction agreement is being
requested to allow for an uninterrupted pedestrian trail from
Reserve Drive to North Main and Highway 93 North. The modification
increases the City's match by $5,720.00.
Scarff moved approval of the Modification to the CTEP Project
Agreement for the Lawrence Park Trail. The motion was seconded by
Atkinson.
There was no discussion.
The motion carried unanimously upon vote.
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KALISPELL AND
SCHOOL DISTRICT NO. 5
This agreement outlines the funding responsibilities of the City
and the School District for a School Resource Officer.
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Scarff moved approval of the Intergovernmental Agreement between
the City of Kalispell and School District No. 5. The motion was
seconded by Van Natta.
There was discussion.
Frank Garner, Police Chief, explained the Agreement establishes the
policy parameters and funding responsibilities for the current
resource officer and a second officer if the grant is approved.
The motion carried unanimously upon vote.
LEASE AGREEMENT - HOCKADAY CENTER FOR THE ARTS
The lease agreement between the City and the Hockaday expired April
1st and a new agreement needs to be approved for the next five
years.
Haarr moved approval of the Lease Agreement between the City of
Kalispell and the Hockaday Center of the Arts. The motion was
seconded by Atkinson.
There was no discussion.
The motion carried upon vote with Scarff voting against.
ORDINANCE 1382 - ZONING TEXT AMENDMENT - CELLULAR COMMUNICATIONS
TOWERS - 2ND READING
TriStar Communications, LLC requested changes to the Kalispell
Zoning Regulations that would allow for the installation of
cellular towers as a permitted use in the B-5, I-1 and I-2 zones.
Council, on first reading May 21st, voted to make the towers a
conditionally permitted use in those zones and added a requirement
that all towers be located a minimum of one mile apart. On June
4th, Council voted to table the issue until further research could
be done.
Boharski said a number of legal issues have arisen and he suggested
that if the Ordinance is removed from the table, the Council refer
the matter to the City Attorney and staff to decide whether the
amendment needs to go back to the Planning Board.
Haarr moved to remove Ordinance 1382 from the table. The motion was
seconded by Scarff.
The motion carried unanimously upon vote.
Haarr moved the ordinance be referred to the staff to either make
appropriate amendments or send it back to the planning board. The
motion was seconded by Leistiko.
There was discussion.
J.R. Reger, TriStar Communications, said he has dealt with about
twenty municipalities in five states and he is very familiar with
the issues concerning this ordinance. He said he would be available
at any time for questions.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Frank Garner, Police Chief, invited everyone to a community forum
on metharnphetamine scheduled for June 26th at the Flathead High
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•
School from 7:00 to 9:00 p.m. He said the forum will include three
breakout sessions on prevention, treatment and recognition.
Kukulski announced the Parks and Recreation summer concert series
starts tomorrow evening at Depot Park. He also reminded Council
members the work session set for June 25th will cover the City -
County Growth Policy.
Haarr said he was asked by a citizen if a stop sign is being placed
at the corner of Wyoming Street and 5th Avenue West North and what
is being done about the speeding.
Jim Hansz, Public Works Director, stated the intersection doesn't
warrant a stop sign, but crosswalks are being installed.
Garner, addressing the speeding question, said patrol has been
increased in that area and the traffic trailer will be placed there
on and off.
Larson asked that the TIF requests from School District No. 5 and
the City -County Health Department be placed on a work session
agenda as soon as possible. He said the agencies need an answer on
whether the City is willing to help and he feels formal action
should be taken by the Council.
Kukulski stated if formal action is needed, then he would suggest
putting it on the next regular meeting agenda. He said any action
taken at work session is not considered "formal action".
Boharski said the requests should still be discussed at a work
session prior to a motion being made on the Council floor.
Van Natta commented that the entire budget should be discussed
again at a work session prior to final budget adoption.
Van Natta recognized the passing of Howard Grainger, a former
council member who served the City for twelve years.
ADJOURN
The meeting was adjourned at 9:15 p.m.
ATTEST:
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Theresa White
City Clerk
Approved July 2, 2001
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Wm. E. Boharski
Mayor
1
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