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06/21/99 City Council Minutes1470 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 21, 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 as presented. The motion was seconded by Scarff. There was discussion. Nystul asked that Consent Agenda Item #5, the Authority to Administratively Write Off Uncollectible Medicare, Medicaid and Bankruptcy Ambulance Claims, be moved to the end of the Regular Agenda as Item #17. There was no objection. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting June 7, 1999 Council Minutes -Special Meeting June 14, 1999 2. Approval of Claims per Payables Register-$341,852.27 3. Award Bid - Meridian Trail Project Sandon Construction was the low bidder with other bids being received from Glenn's Construction, L.L.C., Marriott Concrete, Inc., and Pack and Company. 4. Award Bid - Lots 7, 18 and 20 of Woodland Court Randy Jones Construction was the low bidder with other bids being received from Pacific Homes and Land, Inc. and Timberland Construction Award Bid - Lots 1, 2, 5 and 6 of Teton Terrace Pacific Homes and Land, Inc. was the low bidder with other bids being received from Randy Jones Construction and Timberland Construction. 5. Authority to Administratively Write Off Uncollectible Medicare, Medicaid and Bankruptcy Ambulance Claims (Moved to Agenda Item #17) Van Natta moved approval of the Consent Agenda. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Joe Unterreiner, Executive Director Chamber of Commerce, reported on the Air Show and thanked the City for its participation. Ann Stafford, West Arizona, asked the Council why a negotiator was hired to work on the Police Contract stating the City Manager should be allowed to handle the matter. The following voiced support for the Kalispell Police Association Bill Miles, 1311 7th Street West Doug Heifetz, 347 2nd Avenue West Katrina Kiger, 496 9th Avenue EN 1471 Dianne Neva, 400 Liberty St. #310 Tim Wise, 202 2nd Avenue West Jackie Helt, 347 2nd Avenue West, President of Hotel & Restaurant Employees Union Local 427 Troy Holt, President, KPA Kathy Glover, Valley View Apartments #408 Clay Coker, Libby Police Chief Jann Tonjum, 106 Greenbriar Drive PUBLIC HEARING ON WHETHER BIG SKY MANOR AND VALLEY VIEW APARTMENTS MEET A COMMUNITY HOUSING NEED Northwest Montana Human Resources and Hampstead Partners are applying for tax credits for the Big Sky Manor and Valley View Apartments. Recent state legislation requires the public hearing prior to the issuance of tax credits. Boharski opened the public hearing. The following spoke in favor Fred Allen Waters, 110 2nd Avenue West #403 Doug Rauthe, Executive Director, Northwest Montana Human Resources Dianne Neva, 400 Liberty St. #310 Chris Foster, President of Hampstead Partners Kathy Glover, #408 Valley View Apartments Susan Moyer, PECDD Judy Saurman, #305 Big Sky Manor Marie Thomas, #113 Big Sky Manor Dorothy Kern, #206 Big Sky Manor Cindy Anderson, 400 Liberty Street #301 Ida Anderson, #110 Big Sky Manor Eleanor Chorn, #309 Valley View Apartments Arvitz Snyder, 400 Liberty Street #404 Darla Mellem, #302 Big Sky Manor Tammy Fleury, 400 Liberty Street #204 Boharski added for the record that an additional twenty people in the audience raised their hands in support of the project. The following spoke in opposition: None Boharski closed the public hearing. PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT GRANT APPLICATION AS IT RELATES TO COMMUNITY NEEDS The purpose of this public hearing is to discuss with the public the CDBG-ED Program and the variety of activities eligible for funding. Boharski opened the public hearing. 1472 Dianne Neva, 400 Liberty St. #310 Tim Wise, 202 2nd Avenue West Jackie Helt, 347 2nd Avenue West, President of Hotel & Restaurant Employees Union Local 427 Troy Holt, President, KPA Kathy Glover, Valley View Apartments #408 Clay Coker, Libby Police Chief Jann Tonjum, 106 Greenbriar Drive PUBLIC HEARING ON WHETHER BIG SKY MANOR AND VALLEY VIEW APARTMENTS MEET A COMMUNITY HOUSING NEED Northwest Montana Human Resources and Hampstead Partners are applying for tax credits for the Big Sky Manor and Valley View Apartments. Recent state legislation requires the public hearing prior to the issuance of tax credits. Boharski opened the public hearing. The following spoke in favor Fred Allen Waters, 110 2nd Avenue West #403 Doug Rauthe, Executive Director, Northwest Montana Human Resources Dianne Neva, 400 Liberty St. #310 Chris Foster, President of Hampstead Partners Kathy Glover, #408 Valley View Apartments Susan Moyer, PECDD Judy Saurman, #305 Big Sky Manor Marie Thomas, #113 Big Sky Manor Dorothy Kern, #206 Big Sky Manor Cindy Anderson, 400 Liberty Street #301 Ida Anderson, #110 Big Sky Manor Eleanor Chorn, #309 Valley View Apartments Arvitz Snyder, 400 Liberty Street #404 Darla Mellem, #302 Big Sky Manor Tammy Fleury, 400 Liberty Street #204 Boharski added for the record that an additional twenty people in the audience raised their hands in support of the project. The following spoke in opposition: None Boharski closed the public hearing. PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT GRANT APPLICATION AS IT RELATES TO COMMUNITY NEEDS The purpose of this public hearing is to discuss with the public the CDBG-ED Program and the variety of activities eligible for funding. Boharski opened the public hearing. -19 1473 The following spoke in opposition None Boharski closed the public hearing. Boharski asked if it would be possible to experiment first by trying diagonal parking on the Main Street side of 1st Avenue East and lst Avenue West and leaving the other side parallel parking to see how that works. He said if that worked, then the other side of the street could be changed. Doug Widmayer, Peccia & Associates, said to implement that plan, the City would have to modify traffic signals because the center line would be offset, and then if the other side was changed, the traffic signals would have to be modified again. He said if the Council would like to have a phased approach, he would suggest changing 1st Avenue West first to see how it goes. Donahue said he has three concerns with the proposal. The first is the 1977 agreement with the State and whether the State will agree to the change. Second, he has received comments from the public that changing the parking on those streets will push the traffic onto Main Street which is already a "zoo" and third, statistics show angle parking causes more accidents. Hansz answered the State has indicated if a study shows a better plan for the street it will be considered, and he's confident the analysis from Peccia confirms the proposal is a good one. He said the staff will approach the State as soon as possible. He said as far as traffic accidents, there may be more parking accidents, but the intersection accidents should decrease. Widmayer said concerning the traffic on Main Street, a four lane road can handle around twenty five to thirty thousand vehicles a day, and right now, Main Street is only at sixteen thousand. He said the proposal will move some people back onto Main Street, but personally, he feels that's where the traffic should be. Scarff said he's had several calls from citizens concerned with the proposal and he feels all the emergency and safety aspects need to be covered closely prior to making any commitment. Haarr commented he's in favor of the plan, but it will only work if the traffic has another place to go. He said people aren't going to want to travel Main Street at fifteen miles per hour and the main question is whether the City wants to move the traffic onto 3rd and 4th Avenues East and 5th Avenue West. Haarr said additional information is needed on the actual traffic counts during the middle of Summer. Boharski suggested staff settle the question with the State and provide the Council with some hard traffic counts prior to any further discussion. Donahue said he would still like to see an alternative. Donahue moved the City Attorney be instructed to draft an ordinance for the next meeting establishing one way traffic running east to west with angle parking on Third Street from Second Avenue East to Second Avenue West. The motion was seconded by Haarr. There was discussion. Van Natta said until the State critiques the study, he feels Council should reserve any change in the traffic. Nystul agreed, stating the Council should look at the whole picture before making any decision. He said this is the City's "one shot" at fixing the traffic problem and outside validation should be sought as to whether this is the wisest way to proceed. 1474 Atkinson said he supports Donahue's motion because it gets the City started at looking at the overall activity and how it will affect the downtown. The motion carried upon vote with Nystul and Van Natta voting against. PUBLIC HEARING ON ALLEY CLOSURE REQUEST BY GLACIER BANK (WITHDRAWN AT REQUEST OF APPLICANT) ADOPTION OF PRELIMINARY BUDGETS AND NOTICE OF PUBLIC HEARING The Council is required to adopt the Preliminary Budgets by July loth and properly notice the process for public hearing and final adoption. The public hearing has been scheduled for July 6th. Scarff moved to adopt the preliminary budgets. The motion was seconded by Atkinson. There was no discussion. The motion carried upon vote with Boharski voting against. FINAL PLAT APPROVAL - BUFFALO COMMONS PLANNED UNIT DEVELOPMENT Northwest Health Care has requested final plat approval of Phase II, Block 2 of Buffalo Commons PUD. This phase contains 12 townhome lots and a 3.3 acre common area. Nystul moved final plat approval for Buffalo Commons, Phase II, Block 2. The motion was seconded by Van Natta. There was discussion. Nystul suggested that in the near future, the Council should discuss the installation of stop signs in subdivisions prior to any traffic. He said it's pretty absurd to see stop signs with only two houses. The motion carried unanimously upon roll call vote. RESOLUTION 4487 - ANNEXATION REQUEST BY DAVID AND DEANNE BERGER The Bergers have requested the annexation of approximately 0.62 of an acre located on the north side of Belmar Addition subdivision which lies west of airport road. Scarff moved Resolution 4487, a resolution annexing certain real property to the City of Kalispell, said territory being approximately 0.62 acres of the northeast quarter of the northeast quarter of Section 19, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana, and further described in Exhibit "A", to be described as Berger Addition No. 292. The motion was seconded by Graves. There was discussion. Nystul asked if the easement meets the City's access criteria. Narda Wilson, FRDO, said it's a dedicated paved easement and is actually owned by the property owners. She said it's twenty feet wide which meets the regulations. The motion carried unanimously upon roll call vote. ORDINANCE 1317 - INITIAL ZONING REQUEST BY DAVID AND DEANNE BERGER - 1ST READING The Planning Board and staff are recommending the property listed above, upon annexation, be zoned R-4, Two Family Residential. Van Natta moved first reading of Ordinance 1317, 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 as the northeast quarter of the northeast 1475 quarter of Section 19, Township 28 North, Range 21 West, P.M.M, Flathead County (Previously zoned County R-1, Suburban Residential) to City R-4 (Two Family Residential), in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4488 - ANNEXATION REQUEST BY GEORGE E. SCHULZE, AKA KAL- MONT DAIRY FARM George Schulze has requested the City annex approximately 5.536 acres located on the northeast corner of Whitefish Stage Road and West Evergreen Drive. Haarr moved Resolution 4488, a resolution annexing certain real property to the City of Kalispell, said territory being approximately 6.83 acres on the northeast corner of Whitefish Stage Road and West Evergreen Drive, more particularly described in Exhibit "A", to be described as Schulze Addition No. 293. The motion was seconded by Graves. There was discussion. Van Natta said there is a County road between the property and the City limits and pointed out the City's policy is not to annex unless the property is contiguous. Neier said State statute specifically excludes roads, ditches and other tracts of land too small to be certified when determining whether property is contiguous to the City. He said under the law, this property is contiguous. The motion carried unanimously upon roll call vote. ORDINANCE 1318 - INITIAL ZONING REQUEST BY GEORGE E. SCHULZE - 1ST READING The Planning Board and staff are recommending the property listed above, upon annexation, be zoned B-1, Neighborhood Buffer District. Graves moved 1st reading of Ordinance 1318, 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 as approximately 6.83 acres on the northeast corner of Whitefish Stage Road and West Evergreen Drive, more particularly described in Exhibit "A" (previously zoned County B-1, Neighborhood/Professional Business) to City B-1 (Neighborhood Buffer District), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Atkinson. There was discussion. Donahue said the zoning should be referred to as Schulze Addition No. 113. Neier agreed to make the change. The motion carried unanimously upon roll call vote. RESOLUTION 4489 - PRELIMINARY PLAT APPROVAL - VILLAGE PLAZA George Schulze has also requested preliminary plat approval of a 5- lot commercial subdivision for the property annexed. Haarr moved Resolution 4489, a resolution conditionally approving the preliminary plat of Village Plaza Subdivision, located on the northeast corner of West Evergreen Drive and Whitefish Stage Road, and as more particularly described in Exhibit "A", and to declare an effective date. The motion was seconded by Graves. There was discussion. 1476 Nystul said the sewer district name of North Village Sewer District in Section II, Paragraph 2 is incorrect and should read the Village County Sewer District. Wilson said she will do some research but she thinks it's been changed to the North Village Sewer District. Donahue commented he would like the resolution to include the addition number and should read, "preliminary plat of the subdivision of Schulze Addition No. 293". The motion carried unanimously upon roll call vote. RESOLUTION 4490 - PRELIMINARY PLAT APPROVAL - RANCHVIEW SUBDIVISION Robert Peters has requested preliminary plat approval of a 10-lot residential subdivision on approximately 2.88 acres located west of Grandview Drive and south of Commons Way. Scarff moved Resolution 4490, a resolution conditionally approving the preliminary plat of Ranchview Subdivision, located on the west side of Grandview Drive and just south of Commons Way, and more particularly described as a 2.88 portion of Assessor's Tract 5AA located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and to declare an effective date. The motion was seconded by Larson. There was discussion. Donahue moved to add a condition to the preliminary plat approval by requiring a sidewalk be installed along Grandview Drive. The motion was seconded by Atkinson. Project Engineer Jeff Larson said a sidewalk wouldn't be consistent with that area and it wouldn't accomplish much to have a short piece of sidewalk. Boharski suggested the City require a bond for future construction. Neier said the City could require a waiver of right to protest a future SID on the property. Donahue said he still feels the City should require sidewalks to the "first link in a chain of beautiful sidewalks all up and down Grandview Drive." Doug Peters, property co-owner, said it's a country setting and no place on Grandview has a sidewalk. Larson agreed, saying it's not fair to force one person on the entire length of the road to supply sidewalks. Haarr said it lost its country setting the minute the subdivision was approved and the sidewalk should be supported. Nystul commented Grandview would be an excellent place for a trail project, not sidewalks. The amendment failed upon roll call vote with Atkinson, Donahue, Haarr and Boharski voting in favor, and Graves, Larson, Nystul, Scarff and Van Natta voting against. The main motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, and Donahue voting against. ORDINANCE 1319 — ZONING TEXT AMENDMENT REQUEST FROM THE NURTURING CENTER - 1ST READING The Nurturing Center has requested an amendment to the parking standards for day care facilities and the definition of day care uses. 1477 Graves moved first reading of Ordinance 1319, an ordinance amending Section 27.26.050(15) (Off Street Parking for Day Care Home, Day Care Center, Group Home or Nursery School) and Section 27.37.010(69) (Day Care) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by changing parking requirements for Day Care Homes and the definition of "Day Care" and declaring an effective date. The motion was seconded by Scarff. There was discussion. Wilson explained the intention of the ordinance is to allow a maximum of two loading spaces on the street for day care homes or centers rather than requiring it off street. Nystul commented the ordinance is confusing and suggested the introduction in the ordinance should read "parking requirements" rather than "off street parking". He also suggested in Section I, concerning off street parking, the sentence should be changed to allow two loading spaces on the street "adjacent" to the property, instead of "in front of" the property. The motion carried unanimously upon roll call vote. ORDINANCE 1320 - ZONE CHANGE REQUEST FROM WALLE AND MARY LOU LINDSAY - 1ST READING The Lindsays have requested a zone change from RA-1 to B-3 on approximately 0.79 of an acre on the west side of North Meridian Road and north of Two Mile Drive approximately 150 feet. Scarff moved first reading of Ordinance 1320, 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 as Lot 1 of Stubbs Addition No. 58 located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, in accordance with the City -County Master Plan, and to declare an effective date. The motion was seconded by Larson. There was discussion. Donahue commented all that needs to be stated in the property description is Lot 1 of Stubbs Addition No. 58. He said the rest is "garbage". Scarff replied "one person's garbage is another person"s treasure". The motion carried unanimously upon roll call vote. ORDINANCE 1321- ORDINANCE AMENDING CITY CODES §17-58 AND §17-114 - 1ST READING The recent addition of the Police Department's bike patrol requires an amendment to the City Code that prohibits the riding of bicycles on sidewalks and the recent addition of a radar trailer requires a change to the City Code that prohibits leaving an unattached trailer in the city limits. Larson moved first reading of Ordinance 1321, an ordinance amending Chapter 17, Motor Vehicles and Traffic, Kalispell City Codes, Sections 58 and 114, by amending R.O. 1947, Sections 368 and 923 and declaring an effective date. The motion was seconded by Graves. There was discussion. Nystul suggested the reference to vehicles "ordinarily drawn by horses" be stricken from the ordinance. Donahue asked that the word "legitimate" be removed from the last paragraph of Section I. He said he feels all law enforcement activities are legitimate. The motion carried unanimously upon roll call vote with Graves being absent. 1478 ORDINANCE 1322 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - ACCESSORY BUILDING HEIGHTS - 1ST READING The Planning Board has recommended the Council amend the height limitation for accessory buildings from 15 feet to 18 feet. Scarff moved Ordinance 1322, an ordinance amending Section 27.22.020(3)(f) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by allowing accessory building heights of eighteen (18) feet, and declaring an effective date. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1323 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - SIDE CORNER SETBACKS - 1ST READING The Planning Board is recommending the Council decrease the side corner setbacks to alleviate frequent problems involving smaller lot sizes in the older parts of town. Wilson suggested Neier change the language in the title of the ordinance to read more like Section I, which states "if the distance between the side setback and side corner setback on a corner lot is less than 35 feet". Neier said he would make the change prior to second reading. Scarff moved first reading of Ordinance 1323, an ordinance amending the Kalispell Zoning Ordinance, (Ordinance No. 1175), adding a new Section 27.22.140 by allowing adjustment of the side corner setback on corner lots less than 35 feet in width, and declaring an effective date. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1313 - ZONING REQUEST FROM DELORIS PARTNERSHIP GROUP - 2ND READING Council passed first reading of this Ordinance at its last meeting zoning approximately 4.045 acres located on the north side of Appleway and east of Highway 2, B-2, General Business. Larson moved second 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 Scarff. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1314 - ZONE CHANGE REQUEST FROM BOB CHEROT, PHIL NEUHARTH AND BRUCE YOUNG - 2ND READING Council passed first reading of this ordinance at its last meeting rezoning approximately 3.8 acres located at 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. Van Natta moved second 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 -19 1479 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 no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1315A - ZONING TEXT AMENDMENT REQUEST FROM RICHARD OCKEY - 2ND READING At its last meeting Council passed first reading of this ordinance to set the side yard setbacks in the RA-1, RA-2, and RA-3, Low Density Residential Apartment Districts, to ten feet for buildings over 25 feet in height. Scarff moved second 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 to ten feet in the RA-1, RA-2, and RA-3 Zoning Districts, and declaring an effective date. The motion was seconded by Nystul. There was discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1316 - ORDINANCE ESTABLISHING PROGRAM TO RECOVER HIGHWAY 93 SOUTH UTILITY COSTS - 2ND READING This ordinance, passed on first reading June 7th, establishes a recovery formula of 10 percent by front footage, with the remaining 90 percent being split between area and usage. Graves moved second 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. 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. AUTHORITY TO ADMINISTRATIVELY WRITE OFF UNCOLLECTIBLE MEDICARE, MEDICAID AND BANKRUPTCY AMBULANCE CLAIMS Nystul moved the City Manager and City Attorney be directed to prepare a resolution formally establishing a policy addressing the ambulance, water, sewer and garbage claims. There was discussion. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Larson, referring to Sunday's advertisement in the Daily Inter Lake concerning police salaries, said he felt it was done in bad judgment and helped to further widen the chasm between the City and the KPA. Scarff said he feels the advertising done by the KPA is very deceptive by showing the City is trying to eliminate the Police Department. He feels the Council needs to provide the public with better information on what the City has done to try and settle the contract. Scarff said there's been confusion concerning the City's Last, Best and Final Offer and suggested the City Attorney draft a legal opinion on what it really means. • Kukulski said he's very disappointed with the way things have been going. He said the City needs to respond to the KPA ads, but it also needs to be very sensitive to how the information is projected. Nystul said when the Last, Best and Final Offer was made, the "ball then went to their court". He said the City is now waiting on the KPA. Neier said it's uncomfortable for everyone, but any movement by the Council off that Last, Best and Final Offer may result in a declaration by the Department of Labor that you're no longer at an impasse and then you're back at the old contract and a shaky legal position. Atkinson said he's concerned about the "undue amount of activity that the Mayor spends with the Domesite group" and feels other members of the Council are also concerned. He said it's been suggested that members take "a look at the actions of the Mayor and the City Council" relative to ethics involved in public service. Atkinson asked for consensus from the Council that the matter be discussed at the next work session with some kind of monitoring established on individual actions with developers. Scarff said the Mayor doesn't have any more power than anyone else. He said the previous Mayor was the only one involved in the Kalispell Center Mall discussions and no one objected then. Scarff said the Mayor should be thanked for getting something done. Larson said he disagrees, feeling the Mayor has stepped out of line. He said he feels the matter should be discussed even though he doesn't have high hopes of a resolution. Nystul said some ground rules should be set on the various roles of City Officials, especially with the upcoming hiring of a Community Development Director. Boharski said he will continue to promote the City as a good place to invest and bring projects. He said he doesn't have the authority to negotiate, and he doesn't negotiate. Boharski said at every meeting he's had with developers, staff has been involved. Haarr feels the criticism is tied to personalities and ideologies and any discussion should be extremely short. He said at some point, the Council needs to pull together and vote for what is best for the City. Atkinson said he still doesn't feel it's right when he sees the Mayor in private meetings with the developers and finds out he's receiving faxes at his home from developers. He said he still thinks everyone's responsibilities should be discussed. Donahue said it's been discussed and "it's done". He said there's plenty of blame to go around and it's time to get together and work out what's best for the City. ADJOURN The meeting was adjourned at 11:42 p.m. wm.F baharsRi Wm. E. Boharski Mayor ATTEST: , 1-4, ��� eresa White City Clerk approved July 6, 1999 21 st Century Economic Development Partnership 1481 1 1 June 18, 1999 Ms. Susan Moyer Planning Economic & Community Development Department 248 Yd Ave East Kalispell, MT 59901 Dear Susan: bbbi 1 Z Nnr Jobs Now, Inc. is in support of the Kalispell City Council forming a Community Development Block Grant Program. This program will enable the City of Kalispell to be competitive with other communities and states in the region when trying to bring new jobs to the area. The program does not obligate the city to apply for any loans, it is only a requirement of the Federal Government to qualify to submit applications for these CDBG loans. Please feel free to call if you have any questions. 257-7711 Sincerely, i Alf T arnette l June 8, 1999 Mayor Bill Boharski Kalispell City Council RE: Angle Parking Gentlemen, I would like to support the idea of angle parking in the downtown area as outlined in a recent article in the Daily Interlake. In particular I would like to see Third Street became a single -lane, one-way westbound corridor. I do feel however that it should extend to Second Ave West so that it includes the block that the downtown Post Office is on. Since all traffic must exit to the west from the front parking lot it would only make sense to add more parking spaces and user friendly street crossings for the 4000 box facility. You know that it will only get busier in the future. If you do not do the entire concept then at least do Third Street to Second Ave West.