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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 Kalispell City Council Minutes 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. Kalispell City Council Minutes June 18, 2001 Page 2 of 7 1782 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. Kalispell City Council Minutes June 19, 2001 Page 3 of 7 1783 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. Kalispell City Council Minutes June 18, 2001 Page 4 of 7 1784 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. Kalispell City Council Minutes June 18, 2001 Page 5 of 7 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 Kaiispell City Council Minutes June18, 2001 Page 6 of 7 • 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: � fi Theresa White City Clerk Approved July 2, 2001 WMI _B(16es�' .. Wm. E. Boharski Mayor 1 Kalispell City Council Minutes .tune 18, 2001 Page 7 of 7