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05/04/98 City Council Minutes1170 1170 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. 1171 1171 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 1172 1172 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 1173 1173 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. 1174 1174 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. 7 1175 1175 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. 1176 1176 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 1 / %� 1 70