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01/20/98 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JANUARY 20, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR BILL BOHARSKI PRESIDED. COUNCIL MEMBERS NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARF? AND CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. COUNCILMAN JIM ATKINSON WAS ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. PRESENTATION OF LIFE SAVING AWARD Mayor Boharski & Police Chief Clark presented Zachary Dickson the Citizens Life Saving Medal and plaque for outstanding leadership and action during a life threatening emergency. His clear thinking and quick and decisive action resulted in saving his friends life. He was applauded. Clark expressed how proud the community is and he values the personal example Dickson set as a leader, and also recognized his parents, Robin and Scott Dickson. He also introduced Jacob Cranney, the friend whose life Zachary saved. AGENDA APPROVAL Haarr moved to approve the agenda with Item D. from the Consent Agenda, be moved to #11; add #12, Report on the Police incident of last Friday night; and #13, Questions or Comments from the Council. The motion was seconded. Krepps requested the addition of an insurance check that was received. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting January 5, 1998 B. Approval of Claims per Payables Register $210,060.84 C. Pledged Securities December 31, 1997 D. Authority to Bid Kalispell Youth Athletic Complex Nystul moved to adopt the consent agenda. The motion was seconded. The motion carried with a vote. HEARING THE PUBLIC Ordinance 1279-Kalispell Parking Commission ReQuest- mend Ov_r-im_ Parking Code The following spoke against Ordinance 1279: Don Rothwell, Hillcrest Estates Vinny, Vinny's Cafe, 120 Main Street Jeanne McFarland, 1228 41h Avenue West Darcy Jackson, 10 Yellowstone, also submitted a petition against. Boy Scout Troop#33 Joe Untereiner, 126 51h Avenue East, introduced the Boy Scout Troop in attendance. Kalispell Youth Athletic Com=1-x Rich DeJana, 422 Summit Circle, thanked the Council for reading contracts before approving them and for continuing good faith to complete the youth fields. 1112 1112 Cary Administration Jerry Begg, 220 Woodland Avenue, expressed his concerns about the administration of the City of Kalispell. Samaritan Ho us _ The following spoke in favor of the conditional use permit for Samaritan House: Bruce Measure, 635 5th Street East Mike Labbs, Swan Lake Board An_no i n m _n s . Planning Board -Council Position -replace Pam Kennedy Citizen Member -City -replace Mike Conner Boharski recommended the appointment of Rob Heinecke and Don Garberg to the Planning Board. Donahue moved to appoint Rob Heinecke to the City/County Planning Board to replace Pam Kennedy. The motion was seconded. With a vote the motion carried with van Natta voting against. Scarff moved to appoint Don Garberg to the City/County Planning Board as a citizen member to replace Mike Conner. The motion was seconded. Upon vote the motion carried. nrdinannA 1279-Kalispe11 Parking Commission Recp est-Amend Overtime Parking Code 2nd Reading The Parking Commission has requested a change in the ordinance for parking restrictions. That change deletes the word 'continuously' from the parking for two hours on each "block face". The Commission is currently surveying the owners/operators in the Business District to determine the level of support for this ordinance to control the rock and rollers. Krepps felt this ordinance change will create enforcement problems for the commission as well as continue to increase the customer's frustration and anger levels. The recording of the license and the times of the vehicles on the streets will be a monumental task. The additional record keeping may be more trouble than what they are trying to correct. The City will always have those individuals who abuse the system. The Parking Commission is semi-independent to the Council. They are charged with the operation of the parking facilities of the City. However, the City Council has to approve the changes in the parking ordinance. It is the Parking Commission who enforces the regulations., Krepps recommended against approval of the "block face" two hour parking ban, unless the survey that ,the Parking Commission is conducting supports this type of change. Nystul moved Ordinance 1279, an ordinance to amend Section 17-90, Kalispell City Code, prohibiting overtime parking and establishing two hour parking between the hours of 8:00 a.m. and 6:00 p.m. on certain streets and declaring an effective date. The motion was seconded. There was discussion and John Harper, Parking Commission, a7777ed questions, Larson, Haarr and Scarff spoke against the ordinance...; Nystul moved to amend Section 1 subsection C .to delete,,. block face" and reinsert the original language which would continuously in any parking space. The motion was seconded. Donahue spoke in favor of the amendment. 1113 1113 With a vote the amendment carried unanimously. With a roll call vote the amended motion carried with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. This is the second reading of the text amendment that will allow the use of publishing facilities in the B-3 zone. The City -County Planning Board received a request from the Daily Inter Lake for a text amendment. The requested change is one that would be recommended in the entire rewrite of the Kalispell Zoning Ordinance but due to the timing of the rewriting process, the Inter Lake desires to expedite the planning and construction of the new facility. This text amendment would allow this type of usage with less impact to the area than many other B-3 uses. Larson moved Ordinance 1280, an ordinance amending Section 27.15.020, (Ordinance No. 1175), by allowing newspaper offices as a permitted use in a B-3, Community Business Zoning District, and to provide an effective date. The motion was seconded. Donahue moved to amend by removing the words "including warehousing". The motion was seconded. Upon vote the amendment carried unanimously. With a roll call vote the amended motion carried with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. gpnnl u i on 411 -B uc3gc-r Ampneimpnt-MEG-Ref P»hl i _ Hearing Date The City has been notified of having received another $400,000 grant from the Housing & Neighborhood Revitalization Grant program. This is the last grant for the Samaritan House project. The City has received three out of the four grants that were applied for. Due to the administrative structure and the strength of the project, this application received a perfect score. This resolution is necessary to enable the City to allocate these funds for expenditure. The public hearing date would be scheduled for February 2, 1998. Donahue moved Resolution 4391, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1997-98 budget adopted by the City Council for the CDBG Housing and Neighborhood Revitalization Grant. The motion was seconded. The motion carried upon roll call vote with Donahue, Graves, Haarr, Kennedy, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. R soli ion 43 2 Buffalo ommons-Phase I Block 1-Preliminary Plat Flathead Regional Development Office has reviewed the request for Preliminary Plat approval for this portion of the Buffalo Commons PUD. Krepps concurred with the discussion points of the report, the required conditions, and the recommendation to adopt the preliminary plat with the attached conditions. Nystul moved Resolution 4392, a resolution conditionally approving the preliminary plat of Buffalo Commons, Phase 3, Block 1, Section 6, T28N, R21W, P.M.M., and Section 1, T28N, R22W, P.N.K., Kalispell, Flathead County, Montana. The motion was seconded. 1114 1114 With a roll call vote, the motion carried with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in f avor. . Buffalo Commons-Phasp Commons-PhanI Block 1 Final Pla Flathead Regional Development Office submitted a report reviewing the request for approval of the Final Plat for this PUD. Krepps concurred with the approval. Nystul moved the approval of the Final plat for Buffalo Commons, Phase 3, Block 1. The motion was seconded. The motion carried unanimously with a vote. nrdi_nanre 12R1-Buffalo Commons-PUD Amendm-ntc to ov nanta-1, Reading - The representative has submitted proposed changes to the Buffalo Commons Planned Unit Development declaration of covenants. These changes revise covenants to more precisely describe and restrict the duties of the property owners in regard to their own property and the commons area. The single family covenants will now include architectural review standards in terms of size of home required. The multi -family covenants will now permit a maximum residential unit of four. Other minor changes were made to clarify the intent to limit retail business uses to less than 3,000 sq. ft. Upon review of the request, in conjunction with the Site Development Committee review and the City Attorney's recommendation, Krepps recommended that the changes that have been requested. This approval will give the owners more protection and control of this development. Van Natta moved Ordinance 1281, an ordinance amending Ordinance No. 1226 (Planned Unit Development, Buffalo Commons) by allowing the vacation of the declaration of covenants, conditions and restrictions, Buffalo Commons, (common area, retail/commercial/ office, multi -family, single family and medical facilities) by vacating those covenants, conditions, and restrictions, Buffalo Commons designated in Ordinance No. 1226, Section I, (a),(b),(c), (d) and (e) and replacing said vacated sections with covenants, conditions and restrictions, Buffalo Commons as set forth herein, and declaring an effective date. The motion was seconded. There was discussion and Donahue moved to amend on Page 10, where it says covenants: add "the City will be entitled to a reasonable attorneys fees". This would be added 'throughout the document. The amendment was seconded. The amendment carried unanimously with a vote. The amended ordinance carried upon roll call vote with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. S ma i _an Ho u s _ Vnneiitinnal i7ae Permit Upon review of this report, the recommendation, and the conditions recommended by FRDO, Krepps concurred with the report and encouraged approval of the Conditional Use Permit. Larson moved to grant the conditional use permit to House. The motion was seconded. There was discussion and Nystul moved to amento add that sidewalks are to be installed on the property West and :9th Avenue. The motion was seconded. Larson and Van Natta spoke against the amendment. Haarr and Donahue spoke in favor. 1 1 1115 1115 Nystul, as did the second to the amendment, agreed to change the amendment to only require sidewalks on 2°d Street. With a tie vote, the amendment failed with Graves, Boharski, Larson and Van Natta voting against and Donahue, Haarr, Nystul and Scarff voting in favor. There was more discussion and the original motion carried unanimously. Authority to Rid Kalispell Youth Athletic Co=l x Approval is necessary to authorize the City to begin the bidding process for the ball complex. The construction documents will be completed based upon the presentation at the work session. Since this entire process/project is extremely time sensitive, the City will press to keep the process on the schedule presented at that session. Krepps recommended that the City continue with the project to determine the actual construction costs. After receipt of the bids, the City will better be able to determine what course to take for this project. Haarr moved to grant authorization for the Kalispell Youth Athletic Complex and to clarify that the City will spend up to 1 million dollars for the project but to include in that amount the expenditure for any unfunded requirements in the state lease and including any expenditures made to date. The motion was seconded. There was lengthy discussion. Larson moved to amend the motion, the City will expend up to 1 million dollars minus $100,000 design costs and exclude any previous costs that are assessed to the ballfields and any future liabilities that are assessed as far as the contract with the State Department of Lands goes. The motion was seconded. Haarr and Donahue spoke against the amendment. There was more discussion. The amendment failed with Van Natta and Larson voting in favor and Donahue, Graves, Haarr, Nystul, Scarff and Boharski voting against. There was more discussion. The motion carried unanimously upon vote. Nystul requested a report when this issue is figured out. MM A Tna uranrn ChAnk Larry Gallagher, MMIA Insurance Board member presented the City with a check for $48,048.00 as a Workers Comp Refund. FOR YOUR INFORMATION Airport Authority Meeting to following immediately after meeting Next Regular Meeting February 2, 1998 7:00 p.m. Queationc or rnmmAnts frnm thp Cnunnil Boharski thought the Council should approve the Police and Fire Department! hires according to Ordinance 1166. Krepps said he, - check on the procedure. Thomas, Dean & Hoskins -Woodland rnurt Haarr spoke with Roger Sommerville, he was told a time table was submitted,to Susan Moyer, which may help the issue. Krepps felt it was not appropriate to discuss in a Council meeting, more so in a change order form to be voted on. Whatever the 1116 1116 outcome, then will deal with at that time. Parki na Comm_; ss; on Larson wished at a future work session for Council to share come ideas to the Parking Commission as far as the rock and rollers. There are 2 upcoming appointments to the Parking Commission. Scarff requested the item he discussed with Krepps be brought up at the next work session. Flower Pots Donahue pointed out there are still 12 flower pots on Main Street. ADJOURN The meeting was adjourned at 10:25 p.m. ATTEST: Debbie Giff C/AAE Clerk of Co i Approved 2/2/98 LJm l laha4i . Bill Boharski, Mayor 1 b i� A S' ' 1 r^� `