05/04/98 City Council Minutes1170
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 4, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR,
DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY
ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Gary Nystul moved to approve the agenda with the addition of
Resolution 4401 and the addition of the draft of a new City -County
Health Department Interlocal Agreement. The motion was seconded by
Haarr.
There was discussion.
Atkinson said he opposed any action on the new Interlocal Agreement
because there are several concerned citizens who would like to be
present at the discussion and who would have liked to have known it
was on the agenda.
Nystul commented the discussion is only preliminary and everyone
will have a chance to comment prior to final approval.
Atkinson moved to amend the motion by deleting any action on the
Interlocal Agreement. The motion was seconded by Larson.
There was discussion.
Donahue said
the Commissioners are going to act on the agreement
and he feels
the Council should follow
suit. He added he would
like to see a
motion of intent to adopt
the Interlocal Agreement.
Atkinson repeated the item shouldn't be placed on the agenda without
proper notice to the public.
Boharski said the purpose of adding it to the agenda is to discuss
the issue in front of the public to help everyone understand the
agreement.
Larson said although he seconded Atkinson's motion, he doesn't feel
there is any problem in discussing the agreement as long as the
Council only gives it preliminary approval.
The amendment failed upon vote with Atkinson and van Natta voting
in favor.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
F. Council Minutes -Regular Meeting April 20, 1998.
B. Approval of Claims per Payables Register-$285,415.28.
C. Final Appointment -Toby Hubbard-Firefighter/EMT-1
D. Proclamations - National Historic Preservation Week
Kalispell Letter Carrier Day
Haarr moved approval of the consent agenda. The motion was seconded
by Nystul.
There was discussion.
Boharski questioned a bill from PTI Communications for the Hockaday
Center for the Arts in the amount of $212.00. He said he feels the
amount is excessive for long distance.
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Krepps answered the bill includes lease charges.
Boharski then inquired about a Community Development bill of
$231.37 to mow and clean up South Woodland. He asked if that isn't
something the Parks Department could be doing.
Community Development Director Larry Gallagher said the bill
included the removal of all the weeds and debris from South
Woodland and Teton Terrace along with some clean up around the CDC
building.
Parks Director Mike Baker answered it will be another two weeks
before all the summer staff is hired and the Department doesn't have
the manpower right now for additional tasks.
Boharski proclaimed May 9 as Kalispell Letter Carrier Day and May
10-16 as National Historic Preservation Week.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Bill Wright, 1104 1st Avenue East, a member of the Street Tree
Commission, presented Mayor Boharski with the 1997 Growth Award,
which represents the 6th year in a row the City has received the
award for achievements in tree plantings and maintenance.
Gilbert Bissell, 76 Stafford Street, Chairman of the Airport
Advisory Board, urged the Council to move forward with the sale of
Daley Field. He said the airport project should be done in its
entirety, and not piecemeal. Bissell added the sale of Daley Field
is imperative to the project.
David Miller, 910 West Reserve,
dialogue on a skateboard park.
proposed the Council
He said petitions
start official
for a park are
being circulated and hopefully
at the next meeting
the petitions,
with approximately two thousand
(2000) signatures, can be presented
to the Council.
Daniel Ulibarri, 91921/2 Hwy 35, Bigfork, said he is a youth pastor
and he has found a large support in the community for a skateboard
park. He asked the Council to set aside time in the next few weeks
to talk about location, costs, insurance and other issues
surrounding a park.
Ken Yachechak, 157 N. Meridian, urged the Council to coincide the
1st Alley East Utility Project with the sale of the KDC and NFS
lots. He said it doesn't make any sense to do the underground
utilities until the City knows what kind of development may go into
that area.
David Dachs, 335 Summit Ridge Drive, spoke to the Council as a
representative of Kidsports and encouraged members to proceed with
the sale of Daley Field for the general purpose of airport
improvements.
PUBLIC HEARING -RESOLUTION 4400-BUDGET AMENDMENT
Boharski opened the public hearing.
Boharski closed the public hearing.
RESOLUTION 4400-ATI GET AMENDMENT
Resolution 4400 is necessary to proceed with repairs of the
digester and fermenter system at the WWTP. The $180,000.00 needed
is available in the Equipment Reserve Fund but a budget amendment
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is needed to authorize the expenditure of the funds.
Nystul moved Resolution 4400, a resolution amending the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 1997-98 Budget adopted by the City Council for the Sewer Fund,
Wastewater Treatment Plant Equipment Replacement (Capital
Improvement) Account. The motion was seconded by Larson.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
RESOLUTION 4401-PIETER DRENT FORMAL GARDEN
Pieter Drent, the City Parks Director from September 4, 1973 to
September 18, 1987, was instrumental in the beautification of
Woodland Park.
Nystul moved Resolution 4401, a resolution dedicating the Formal
Garden in Woodland Park as the Pieter Drent Formal Garden and to
provide an effective date. The motion was seconded by Larson.
There was discussion.
Nystul commented that when he worked for the City as the Finance
Director you could be sure when Pieter asked for money he had "am
twisted" the merchants down as far as they would go.
Donahue said he also worked with Pieter for many years and his
great love was flowers. He added it's a fitting tribute to dedicate
the garden in his memory.
Larson said he served on the Evergreen Fire Department with Pieter
over forty years ago and he was always kind and gentle with a deep
concern for the community and kids. He suggested the City have a
formal dedication ceremony and invite Pieter's wife, Therese.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
ORDINANCE 1287-70NIN, TEXT MRNDM.NT-DAIL TNTRR .A - ND RRAnTNC
This ordinance would reduce the minimum rear yard in B-2 and B-3
zoning districts from twenty (20) feet to ten (10) feet.
Haarr moved the 2nd reading of Ordinance 1287, an ordinance
amending Sections 27.14.040 and 27.15.040 of the Kalispell Zoning
Ordinance, (Ordinance 1175), by establishing a minimum rear yard of
ten (10) feet in General Business (B-2) and Community Business (B-
3) zoning districts, and declaring an effective date. The motion
was seconded by Scarff.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
KE .L.y ROAD •T T STATION REPLACEMENT
The Kelly Road Lift Station #5 is marginal for existing flows and
a new lift station is needed. Billmayer Engineering has proposed
entering into an agreement with the City for the replacement.
Public Works Director Jim Hansz explained the existing lift station
serves the Greenacres area and is undersized. He said when the
Willows Subdivision was developed one of the criteria was to
upgrade the lift station. Hansz said at the beginning of the
development, which was about two (2) years ago, the City decided it
could contribute $50,000.00 to the cost of the upgrade with the
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remainder being funded by the Willows Subdivision. He said since
that time, the size of the lift station has been increased to
handle future growth and therefore the cost is greater than what
was originally anticipated. Because of the cost increase,
Billmayer Engineering has proposed the City enter into an agreement
for partial reimbursement of construction costs in accordance with
the City's Extension of Services Plan. Hansz said when the project
is complete, the City will have contributed an additional
$49,503.00 to the project and in return would receive a
substantially upgraded lift station at a cost lower than normal.
Haarr moved to accept the proposal by Billmayer Engineering and
enter into a cost -reimbursement agreement within the parameters
specified. The motion was seconded by Nystul.
There was discussion and Hansz answered questions.
Boharski asked if the storm drain issues in the Willows Subdivision
have been taken care of and if the lift station will compound the
water problems in that area.
Hansz answered the DEQ has approved a storm drain system for the
subdivision and tests have shown that the system should function
with no problem.
Donahue inquired as to whether the Willows Subdivision is in the
City limits.
Hansz said at this time the subdivision is outside the City but has
agreed to annexation. He added when annexation occurs, the lift
station is big enough to handle the developed areas.
The motion carried unanimously upon vote.
DALEY FIELD
In December of 1997 the City sold Lot 2 of Daley Field Subdivision
to Rosauers. Staff is now recommending the sale of Lots 1 and 3 to
finance airport improvements.
Krepps explained authorization is needed to move ahead with the
sale. He said Staff feels leasing the property could create
several problems and recommended the Council move ahead with the
offering.
Haarr moved the Council not act on the sale or lease of Daley Field
until after the receipt of the Master Plan and designation of the
City Airport is complete. The motion was seconded by scarff.
There was discussion.
Haarr said when the City has money sitting in a "pot" for a project,
the project always seems to outgrow the "pot." He cited the Youth
Athletic Complex as an example and said he feels it's premature for
the City to act on Daley Field without a firm plan for the airport.
Larson disagreed, saying the Council has been given the reasons for
why the property needs to be sold and has been asked by the
citizens of Kalispell to move ahead with the project. He reminded
the Council that promises were made to sell the property. He said
it's time to move forward with the sale and not "throw another
roadblock in the way of progress."
van Natta also encouraged the Council to vote in favor of the sale
saying the property is as valuable now as it's going to get.
Boharski said he feels, as Haarr does, that the City hasn't shown
much ability to be careful with the money it has in the bank. He
added the fields will not depreciate in value and the Council
should wait.
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Donahue stated he also feels the Council hasn't been very wise in
its use of resources and has spent money it should have kept. He
said if the land is sold the money will be "down the tube," but if
the land is leased the City will have a constant flow of cash that
will go directly to the airport.
The motion carried upon roll call vote with Donahue, Haarr, Nystul,
Scarff and Boharski voting in favor and Atkinson, Graves, Larson
and Van Natta voting against.
FINAL PLAT-RITPEAT.O SQUARE gtMnIVi-qT
This subdivision contains approximately 5.852 acres and is located
on the west side of Whitefish Stage Road, south of Edgerton School.
Preliminary Plat approval was granted on November 3, 1997, subject
to five conditions. All conditions have now been adequately met.
Nystul moved final plat approval of the Buffalo Square Subdivision.
The motion was seconded by Haarr.
There was no discussion.
The motion carried unanimously upon vote.
CONDITIONAL USE PERMIT-GRUMPA'S RESTAURANT AND CASINO
"G" L.L.C. Development. has requested a conditional use permit to
allow the use of an existing building, proposed for expansion, for
a casino and restaurant in a B-2, General Business zoning district.
Haarr moved approval of the Conditional Use Permit for Grumpa's.
The motion was seconded by Nystul.
There was discussion.
Donahue moved an amendment to the motion by changing Section 1,
Number 3 of the Conditional Use Permit to read, "that no additional
neon lighting be included in the signage of the proposed building."
The amendment died for lack of a second.
Scarff asked why an additional condition for a landscape buffer was
removed.
Narda Wilson of the Flathead Regional Development Office explained
the FRDO staff had recommended the creation of a landscape buffer
in the right-of-way west of Grumpa's, which is currently asphalt,
but Grumpa's requested the condition be removed because of the
additional cost. Wilson said the Planning Board complied and the
condition was removed.
Donahue commented the Council is worried about the landscaping yet
it doesn't care if neon lighting is added.
With a roll call vote the motion failed with Graves, Haarr, Larson
and Nystul voting in favor and Atkinson, Donahue, Scarff, Van Natta
and Boharski voting against.
Nystul informed the Council that in order to reject a Conditional
Use Permit, findings of fact have to be established.
Neier agreed, saying a Conditional Use Permit is a permitted use
subject to the conditions under the zoning ordinance. He said if
the conditions can't be met, then it may be determined not to grant
the permit, but you can't just deny the permit without making
findings of fact or conclusions that support the denial.
Wilson said if the Council wants conditions added to the permit
then those issues should be addressed, but if it's the Council's
intention to strictly deny the permit, then findings should be
made, i.e., findings based on neighborhood compatibility or impacts
to the community.
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Neier said a denial would require a public hearing because nothing
in the record shows it can't be granted.
Donahue moved to reconsider. The motion was seconded by Scarff.
The motion carried unanimously upon vote.
Nystul moved to table the motion to the next regular meeting. The
motion was seconded by Scarff.
The motion carried unanimously upon vote.
Krepps asked Council for input and any suggestions on the
Conditional Use Permit prior to the next meeting.
The City Council has formed a committee to review and revise the
Interlocal Agreement between the City and the County.
Donahue moved Council to go on record as expressing it's intent to
adopt the new City -County Health Department Interlocal Agreement.
The motion was seconded by Haarr.
There was discussion.
Donahue informed members that the committee recently met with
County Commissioner Howard Gipe and Health Department Director Joe
Russell. He said all proposals were considered and a draft
agreement compiled. Donahue said the original agreement was signed
in 1980 and needed to be brought up to date. He said among other
things, the new agreement gives the City one more seat on the Board
and provides an opportunity to look at the budget.
Atkinson restated he feels the public should have an opportunity to
comment on the agreement and it shouldn't come as an "afterthought"
on the agenda.
Nystul said the final agreement will be in the form of a resolution
and the public will have adequate notice to comment.
The motion carried upon vote with Atkinson voting against.
COUNCIL COMMENTS-INFORMATION/QUESTIONS
Nystul asked for concurrence from the Council to direct the Manager
to write a note to Pacific Power & Light concerning recent tree
pruning by Bethlehem Church on 6th Street. He said PP&L did not
follow City policy when pruning the trees and did not set a good
example of tree maintenance.
Nystul also asked that a revised skateboarding ordinance be
drafted. He said the current ordinance, Ordinance 1151, was
adopted in June, 1990 and states, "no person shall operate or ride
on a skateboard, roller blades, roller skates, coasters or scooters
on any street or alley." Nystul said things have changed in the
past nine (9) years and the ordinance should be updated.
Larson agreed, saying the City needs to broaden the scope of the
ordinance for skateboarders.
Atkinson apologized to the Airport Advisory Board for the Council's
negative vote concerning the sale of Daley Field.
Donahue said he feels it's important to get the valley Bank parking
lot back in City title to show good faith to the downtown
businesses that parking is important to the Council.
Donahue requested an update on the Central School project. He said
he hopes the architect will present an interim report to the
Council in the near future.
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Haarr inquired as to the possibility of Kalispell participating in
fire training at the new training facility being built in Creston.
Krepps said the center would be open for our use, however the
facility is only one story and would not provide training with the
aerial ladder.
Fire Chief Ted Waggener said before Kalispell commits to any
training program, the ISO (Insurance Services Office) should be
contacted as to specific training requirements.
Atkinson moved to adjourn. The motion was seconded by Scarff.
The motion carried unanimously upon vote.
AD.IOTTRN
The meeting was adjourned at 8:55 p.m.
ATTEST:
Wm I Baharski
Wm. E. Boharski, Mayor
eresa white
Clerk of Council
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