06/07/99 City Council Minutes1456
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JUNE 7, 1999, 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, DOUG SCARFF, RON VAN NATTA AND CITY
ATTORNEY GLEN NEIER AND CITY MANAGER CHRIS KUKULSKI 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 appointment to the
Kalispell Board of Adjustment being moved from the Consent Agenda
to Agenda Item #13. The motion was seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes -Regular Meeting May 17, 1999
Council Minutes -Special Meeting June 2, 1999
2. Approval of Claims per Payables Regi3ter-$382,143.12
3. Award Bid - Sidewalk & Curbing for the Year Ending June 30,
2000
Bids were received from Pack and Company and Sandon
Construction with the low bid coming from Sandon.
4. Award Bid - Sewer Improvement Project
Bids were received from LHC, Pack and Company, Sandon
Construction and Don Kelly Construction with Sandon being the
low bidder with a total bid of $374,240.00.
5. Proclamation - National Flag Day (June 14)
Nystul moved approval of the Consent Agenda. The motion was
seconded by Van Natta.
There was discussion.
Nystul asked the Council to consider a change in the Minutes
involving Public Hearings to include a synopsis of individual's
statements.
Nystul noted the recent purchase of a pickup and asked what the
cost difference is between buying in the City and buying off a
State contract.
Public Works Director Jim Hansz answered the pickup is identical to
a 1998 model the City purchased locally last year and the 1999
model was seven hundred dollars less on the state bid price.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Thomas Tornow, Attorney for Citizens for a Better Flathead,
reiterated concern with the Domesite PUD and asked for assurance
that the "verbal promises" made now don't evaporate as quickly as
the "verbal promises made between Pack & Company and ValleyDome LLC
evaporated and as soon as Pack got what they wanted."
Mayre Flowers, Talley Lake Road, Whitefish, spoke in opposition to
both the Domesite PUD and the DNRC Neighborhood Plan and asked
Council members to think about the cost of the growth these
developments represent for the taxpayers.
Jim Lynch, 430 Lakehills Lane, responding to criticism from Tornow,
stated his dealings with ValleyDome, LLC were his private business
and called Tornow's comments libelous.
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PUBLIC HEARING - DEPARTMENT OF NATURAL RESOURCES MASTER PLAN
AMENDMENT/NEIGHBORHOOD PLAN
The Montana Department of Natural Resources has requested a
Neighborhood Plan for the state school section of property located
at the northwest corner of Four Mile Drive and Highway 93. The
development plan contains a mix of commercial, office and high
density residential uses for approximately 600 acres.
Boharski opened the public hearing.
The followina spoke in favor
David Greer, DNRC Consultant, stated he prepared the plan which he
feels complies with state law for school trust land by developing
the area to its highest and best use while at the same time giving
the entrance to Kalispell a pleasing appearance.
The following spoke in opposition:
Marye Flowers, Talley Lake Road, feels the State hasn't explored
all of its options and feels the wording of the plan is vague.
In closing, Clive Rooney, DNRC, said the State's objective is to
raise funds for the schools by developing a plan that the neighbors
were not in opposition to.
Boharski closed the public hearing.
RESOLUTION 4480 - RESOLUTION TO ADOPT A RECOMMENDED NEIGHBORHOOD
PLAN AMENDMENT TO THE KALISPELL CITY -COUNTY MASTER PLAN
Atkinson moved Resolution 4480, a resolution adopting a recommended
neighborhood plan amendment to the Kalispell City -County Master
Plan. The motion was seconded by Nystul.
There was discussion.
Donahue commented because the State will
retain title to the land
the City will be providing water and sewer,
fire protection
and
street service to the area with no
tax benefit from
any
development. He said the City will
receive taxes from
the
buildings but not from the land and stated
he will not vote for
it
until some changes are made including a
provision for payment
in
lieu of taxes is made.
Nystul said with or without a plan this land will develop and
possibly a future solution would be to go to the legislature and
request fees in lieu of taxes for state land.
Haarr stated he doesn't see any adverse impact in providing City
sewer and water because any impact fees owed would be paid by the
developer.
Atkinson commented the State doesn't have to develop a neighborhood
plan at all and this is a golden opportunity to see a plan that has
incorporated a lot of public input.
The motion carried upon roll call vote with Atkinson, Graves,
Haarr, Nystul, Scarff, Van Natta and Boharski voting in favor, and
Donahue and Larson voting against.
ORDINANCE 1312 - ADOPTING DOMESITE PLANNED UNIT DEVELOPMENT - 2ND
READING
This is the second reading of Ordinance 1312 regarding a PUD
amendment to the Kalispell Zoning Ordinance consisting of creating
a Commercial B-2 with a PUD overlay on property owned by Pack &
Company and the Montana Department of Transportation.
Scarff moved second reading of Ordinance 1312, an ordinance
approving a Planned Unit Development on certain real property owned
by the Department of Transportation, State of Montana and Pack and
Co. The motion was seconded by Haarr.
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There was discussion.
Atkinson said because of the number of drafts of the PUD agreement
and the changes made, the plan should be returned to the Planning
Board.
Atkinson moved to table the second reading of Ordinance 1312 until
this Planned Unit Development Agreement is reviewed again by the
Planning Board. The motion was seconded by Larson.
The motion failed upon roll call vote with Atkinson, Donahue,
Larson and Van Natta voting in favor, and Graves, Haarr, Nystul,
Scarff and Boharski voting against.
Larson asked if there is hazardous waste on that property, who is
responsible for the clean up.
Assistant City Attorney Richard Hickel suggested an environmental
assessment be completed in the event the City has to enforce the
lien on the land and end up in the chain of title.
Lynch said environmental studies have already been done and it's
Pack & Company's responsibility to remove any underground storage
tanks and any contaminated materials from the area.
Van Natta said he thinks the City should have those reports prior
to accepting the land in lieu of a bond.
Lynch answered it's important to understand the City will never own
that land, even if it takes it in lieu of a bond. He said the only
way the City would take it in lieu of a bond is to exercise
foreclosure to pay a contractor who isn't being paid by the
developer to do the work.
Donahue disagreed, saying the agreement states if the development
isn't done, the City can foreclose on the property. He said the
discussion could be settled by providing the City with the
environmental studies.
Larson said he's concerned that the contractor doesn't want to
commit to a looped water system. He said the City needs to be very
careful that all questions are answered, especially the required
amount of fire flow to protect the area, before any alternative is
accepted.
Hansz said the agreement states an alternate water system will be
acceptable only if it meets all the requirements for supplying the
needs of the facility and meets all Federal, State and City
standards.
Van Natta commented he will continue to vote against the project
until there is a guarantee a Dome will be built.
Nystul reminded members of a recent policy set by the Council that
stated only contiguous property would be annexed to the City. He
said even though he didn't vote in favor of it, he doesn't feel
annexing the highway is what the policy had in mind.
The motion failed upon roll call vote with Graves, Haarr, Scarff
and Boharski voting in favor, and Atkinson, Donahue, Larson, Nystul
and Van Natta voting against.
RESOLUTION 4481 - ANNEXATION REQUEST FROM DELORIS PARTNERSHIP GROUP
William C. Rice of Deloris Partnership Group has requested
annexation of approximately 4.045 acres located on the north side
of Appleway and east of Highway 2. The Planning Board has
recommended approval of the annexation.
Haarr moved Resolution 4481, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein as an annexation certain real property, more particularly
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described in "Exhibit A", to be known as Deloris Addition No. 291,
to zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was
seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1313 - INITIAL ZONING REQUEST FROM DELORIS PARTNERSHIP
GROUP - 1ST READING
William C. Rice of Deloris Partnership Group has requested initial
zoning of B-2, General Business, upon annexation into the City.
Larson moved first reading of Ordinance 1313, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property
described in Exhibit "A" (previously zoned County R-1, Suburban
Residential) to B-2 (General Business), in accordance with the
City -County Master Plan, and to provide an effective date. The
motion was seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon roll call vote.
CONDITIONAL USE PERMIT REQUEST FROM DELORIS PARTNERSHIP GROUP
William C. Rice of Deloris Partnership Group is requesting a
conditional use permit to allow a 92-unit mini -storage facility to
be located on the property described above.
Van Natta moved approval of the Conditional Use Permit subject to
the recommended conditions. The motion was seconded by Graves.
There was discussion.
Narda Wilson of FRDO informed the Council that because of
neighborhood concerns, the applicant is actually reconsidering this
proposal.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Van Natta and Boharski voting in
favor, and Scarff voting against.
CONDITIONAL USE PERMIT REQUEST FROM COLUMBIA FALLS LOUNGE
CORPORATION, INC.
Columbia Falls Lounge, Inc. has applied to the City of Kalispell
for a conditional use permit to convert an existing tavern in
Cavanaughs into a casino.
Nystul moved to table the Conditional Use Permit. The motion was
seconded by Larson.
There was discussion.
Nystul said there are some clarifications that need to be made on
what the Council can or can't do with a conditional use application
concerning casinos before members vote on this issue.
Dan Johns, attorney for the applicant, stated the applicant has
satisfied every criteria that's set forth in the zoning ordinance
and the Council cannot deny the permit arbitrarily, only unless
there is some specific adverse impact.
The motion carried unanimously upon vote.
ORDINANCE 1314 - ZONE CHANGE REQUEST FROM BOB CHEROT, PHIL NEUHARTH
AND BRUCE YOUNG - 1ST READING
This is a request for rezoning approximately 3.8 acres located at
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the southern end of 7th Avenue EN, south of Idaho Avenue and north
of Woodland Park from RA-1, Low Density Residential Apartment, and
I-1, Light Industrial, to B-2, General Business.
Haarr moved first reading of Ordinance 1314, an ordinance to amend
Section 27.02.101, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property
described as Parcel A, COS #7847 (RA-1 and I-1 Zoning) to B-2
(General Business), in accordance with the City -County Master Plan,
and to declare an effective date. The motion was seconded by
Graves.
There was discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1315A - ZONING TEXT AMENDMENT REQUEST FROM RICHARD OCKEY
- 1ST READING
This is a request to set the side yard setbacks in the RA-1, RA-2,
and RA-3, Low Density Residential Apartment, district to ten feet
for buildings over 25 feet in height.
Van Natta moved first reading of Ordinance 1315A, an ordinance
amending Section 27.09.040(3), 27.10.040(3), and 27.11.040 (3) of
the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending
the minimum side yard setback from ten feet to ten feet in the RA -
if RA-2, and RA-3 Zoning Districts, and declaring an effective
date.
There was discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1316 - ORDINANCE ESTABLISHING PROGRAM TO RECOVER HIGHWAY
93 SOUTH UTILITY COSTS - 1ST READING
Boharski explained the staff is recommending a recovery formula of
10 percent by front footage with the remaining 90 percent being
split between area and usage.
Nystul moved first reading of Ordinance 1316, an ordinance
establishing a program to recover utility costs associated with the
installation of municipal utilities in connection with the
reconstruction of U.S. Highway 93 South. The motion was seconded
by Scarff.
There was discussion.
Nystul suggested attaching an exhibit map to the ordinance showing
the parcels of land this applies to.
Neier agreed.
Atkinson commented he will vote against the ordinance because he
feels before the Council agrees to a recovery cost for Highway 93
utilities, a discussion should be held as to whether those
utilities should even be sent down Highway 93.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, and
Atkinson voting against.
ORDINANCE 1308 - SALARY ORDINANCE - 3RD READING
A third reading of the salary schedule ordinance is being presented
as a result of two salaries being inadvertently changed between the
first and second readings.
Graves moved third reading of Ordinance 1308, an ordinance amending
Ordinance No. 1293, fixing the limits of the salary and
compensation of the city officials, supervisors, and employees
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pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the
dates indicated herein, and repealing all other ordinances in
conflict therewith. The motion was seconded by Atkinson.
There was discussion.
Kukulski explained the positions of Recreation Coordinator and
Aquatics Coordinator were reclassified and the salaries raised
accordingly. He said the salary change was reflected in the first
reading of the salary ordinance, but right before the second
reading, Interim Manager Al Thelen dropped the classifications to
their original status. Kukulski said he can't fully explain the
reason for the reversal, but recommends the Council pass a third
reading of the ordinance with the reflected salary changes as
determined by the reclassification.
Donahue questioned why the change is being made at all if the Union
negotiated the original salary.
Neier answered the Union voted in support of the reclassification.
Nystul commented Local 256 should be looking at its bargaining unit
people and this change should have been presented by the Union
previously.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff and Van Natta voting in
favor, and Boharski voting against.
RESOLUTION 4482 - BOUNDARY LINE ADJUSTMENT - DON ANDERSON
This resolution is follow-up action to Don Anderson's proposal to
adjust the property boundary line on the northeast corner of
Woodland Park.
Nystul moved Resolution 4482, a resolution authorizing a boundary
line adjustment on the east side of Woodland Park and authorizing
the Mayor to execute a deed to the property subject to the
adjustment. The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4483 - INACTIVE SPECIAL IMPROVEMENT DISTRICT FUNDS CLOSE
OUT
This resolution gives the Finance Director authority to close out
inactive Special Improvement District Funds and transfer the
balances of those funds to the SID Revolving Fund as prescribed by
Statute.
Atkinson moved Resolution 4483, a resolution authorizing the
Finance Director to close out the inactive Special Improvement
District Funds to the SID Revolving Fund. The motion was seconded
by Nystul.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4484 - SPECIAL IMPROVEMENT FUNDS TRANSFER
This resolution gives the Finance Director the authority to
transfer funds which are in excess of 50 of the outstanding debt
service for all Special Improvement Districts from the SID
Revolving Fund to the General Fund.
Graves moved Resolution 4484, a resolution authorizing the Finance
Director to transfer the funds in excess of 5% of the outstanding
SID debt from the SID Revolving Fund to the General Fund. The
motion was seconded by Atkinson.
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There was no discussion.
The motion carried unanimously upon roll call vote.
APPOINTMENT TO THE KALISPELL BOARD OF ADJUSTMENT
Rob Heinecke has submitted a letter requesting he be appointed to
the Kalispell Board of Adjustment.
Mayor Boharski recommended Rob Heinecke be appointed to the Board
for a three-year term.
Scarff moved Rob Heinecke be appointed to the Kalispell Board of
Adjustment. The motion was seconded by Graves.
There was discussion.
Nystul commented Heinecke is already a member of the Planning Board
and considering the size of our community the City shouldn't have
the same people sitting on more than one board.
The motion carried upon roll call vote with Graves, Haarr, Larson,
Scarf and Van Natta voting in favor, and Atkinson, Donahue and
Nystul voting against.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Haarr said he respects the Council's decision on the Domesite but
feels the decision against the PUD "points out a dire and desperate
need for the Council to get together and decide the parameters of
our community." He said the negative vote sends a "clear signal"
to businesses that "if you can get located in the County, you
better do it." Haarr said development will continue to grow
outside the City and "we'll become the bedroom community" and the
number one priority for the Council should be to decide where
people can develop.
Kukulski said TCI is requesting the Council take a break at
approximately 9:30 p.m. during regular meetings to allow the
changing of video tapes.
Kukulski informed the Council he is leaving for Michigan on the
16th for the final move to Montana and said he anticipates
returning in time for the next meeting on June 21st.
ADJOURN
The meeting was adjourned at 10:20 p.m.
W Ll)m E G
TBoharski
Mayor
ATTEST:
eresa White
City Clerk
approved June 21, 1999