08/02/99 City Council Minutes1497
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, AUGUST 2, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DUANE LARSON,
GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN
NEIER AND CITY MANAGER CHRIS KUKULSKI WERE PRESENT. COUNCIL MEMBER
DALE HAARR WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Nystul moved approval of the Agenda as presented. The motion was
seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes -Regular Meeting July 19, 1999
2. Approval of Claims per Payables Register-$464,342.13
Nystul moved approval of the Consent Agenda. The motion was
seconded by Van Natta.
There was discussion.
Donahue made a correction on Page 3 of the Minutes stating the
title of Noxious Weeds should be changed to Fire Hazards.
So noted.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Daveleen DeMars, 117 Highway 2 West, Marion, stated high school
students are in the process of establishing a student center and
would like the Council's support.
John Peterson, 234 White Pine Road, said the student center is a
volunteer effort with several businesses donating time and
materials and he asked the Council to waive the building permit.
RESOLUTION 4493 - BUDGET APPROPRIATION FOR THE CITY'S FISCAL 1999-
2000 BUDGET
This resolution is adopted annually to provide budget authority for
the operation of the City of Kalispell.
Boharski explained the general fund is four million, seven hundred
and eighty one thousand, three hundred and forty two dollars which
is actually around fifty thousand dollars less than last year.
Atkinson moved Resolution 4493, a resolution adopting the budget
for the City of Kalispell for Fiscal Year 1999-2000. The motion was
seconded by Graves.
There was discussion.
Donahue expressed disappointment that the budget doesn't contain an
overall plan for vehicle replacement.
Boharski stated the City Council and staff deserve a lot of credit
for putting together a budget that's down from last year with the
City's reserves staying at fifteen percent.
Nystul said he would like to caution the Council about borrowing
funds and said members need to look at the overall financial health
of the City.
The motion carried unanimously upon roll call vote.
RESOLUTION 4494 - SPECIAL STREET MAINTENANCE ASSESSMENTS
This resolution is adopted annually to provide a levy to fund the
cost of street maintenance within the City of Kalispell.
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Larson moved Resolution 4494, a resolution levying an assessment
for the cost of special maintenance for the purpose of maintaining
the streets and avenues of the City of Kalispell for the Fiscal
Year 1999-2000. The motion was seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4495 - LIGHT MAINTENANCE ASSESSMENTS
This resolution is adopted annually to provide a levy to fund the
cost of maintenance and electricity for City street lights.
Van Natta moved Resolution 4495, a resolution levying an assessment
for the cost of lighting the streets and alleys in the City Special
Lighting District for the Fiscal Year 1999-2000. The motion was
seconded by Nystul.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4496 - DECORATIVE LIGHT MAINTENANCE ASSESSMENTS
This resolution is adopted annually to provide a levy to fund the
cost of maintenance and electricity for decorative lighting in the
downtown light district.
Scarff moved Resolution 4496, a resolution levying an assessment
for the cost of lighting the streets in the City Downtown
Decorative Lighting District for the Fiscal Year 1999-2000. The
motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4497 - STORM SEWER MAINTENANCE ASSESSMENTS
This resolution is adopted annually to provide a levy to fund the
cost of storm sewer maintenance and debt service for the sewer
revenue bonds.
Graves moved Resolution 4497, a resolution levying assessments for
the cost of storm sewer maintenance for the Fiscal Year 1999-2000.
The motion was seconded by Donahue.
There was discussion.
Donahue said just recently the Council authorized a rebate to
Robert and Carlene Peters on their storm sewer assessment and now
the property is in the process of being subdivided. He asked if
the Peters' property will now be placed back into the billing
system.
Neier stated the Peters will again be assessed as soon as the
subdivision process is completed.
The motion carried unanimously upon roll call vote.
RESOLUTION 4498 - SOLID WASTE ASSESSMENTS
This resolution is adopted annually to provide a levy to fund the
cost of removal of garbage or other offensive matter from streets,
alleys or on any premises as a special tax against property from
which such matter was deposited.
Scarff moved Resolution 4498, a resolution to levy the cost of
removal of garbage or other offensive matter from streets, alleys
or on any premises as a special tax against property from which
such matter was deposited, and the disposition thereof. The motion
was seconded by Larson.
There was discussion.
Donahue, a member of the Solid Waste Board, commented the City of
Kalispell is depositing approximately twenty tons of garbage per
day at the landfill and the citizens are getting "quite a bargain"
for seventy dollars.
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Van Natta said he recently discovered less than five percent of
valley residents recycle. He said a lot of garbage can be kept out
of the landfill if people would just make an effort at recycling.
The motion carried unanimously upon roll call vote.
RESOLUTION 4499 - PARKING COMMISSION BUDGET
Atkinson moved Resolution 4499, a resolution setting the annual
appropriations for the Parking Commission as set forth in the 1999-
2000 budget adopted by the City Council. The motion was seconded
by Scarff.
There was discussion.
Donahue commented as to the form of the resolution stating "Now,
therefore, be it resolved, etc" should be placed prior to Section
I.
Neier agreed and said he would make the change.
Kukulski informed the Council that several people, including
himself, will be meeting weekly to find a way to best handle the
finances of the Parking Commission.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Larson, Nystul, Scarff and Van Natta voting in favor, and
Boharski voting against.
RESOLUTION 4500 - UNCOLLECTIBLE CLAIMS
This resolution authorizes the City Manager to administratively
write off uncollectible ambulance, garbage, sewer and water claims.
Donahue moved Resolution 4500, a resolution authorizing the City
Manager to write off uncollectible ambulance, utility and garbage
debts. The motion was seconded by Atkinson.
There was discussion.
Nystul moved an amendment to the resolution by adding Section II
requiring the City Manager to report to the City Council annually
in July a summary of amounts and types of charges written off
during the preceding fiscal year. The motion was seconded by
Scarff.
Donahue said he will be looking at whether the uncollectible claims
are being written off only after an aggressive attempt at
collection has been made.
The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon roll call vote.
RESOLUTION 4501 - AFLAC PLAN
This resolution allows City employees to become members of AFLAC's
Flexible Benefits Plan.
Kukulski explained the plan is on a strictly volunteer basis by the
employee and one hundred percent of the premium is paid by the
employee. He said even though there are small administrative costs
involved, the plan actually saves the City a little bit of money
through the pre-tax benefits.
Scarff moved Resolution 4501, a resolution by the City of Kalispell
adopting a Flexible Benefits Plan. The motion was seconded by
Larson.
There was discussion.
Nystul said a flexible benefits plan is an advantage to the
employees, but he's concerned that local companies with the same
plan weren't consulted. He said a criteria should be established
and local companies should also have the chance to present their
programs.
The motion carried upon roll call vote with Atkinson, Donahue,
Larson, Scarff, Van Natta and Boharski voting in favor, and Graves
and Nystul voting against.
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CONDITIONAL USE PERMIT - GROUP HOME FACILITY
This is a request by Byron and Lois Randall for a conditional use
permit to allow a group home for elderly residents to be located in
an existing single family home on property located on the south
side of Crestline Avenue between Claremont Avenue and Buffalo Hill
Drive.
Dean Jellison, 116 Crestline Avenue, spoke in opposition to the
Conditional Use Permit stating this is not an economically feasible
enterprise for a two bedroom home. He said he's also concerned
there will not be enough parking provided and the overflow will end
up in his parking area.
Tom Samuel, 150 Charlotte Avenue, said parking is a real problem on
Crestline and he doesn't believe the applicants of the group home
can provide adequate off street parking.
Atkinson moved to approve the Conditional Use Permit with the
recommended conditions. The motion was seconded by Larson.
There was discussion.
Donahue said he lives down the street from the proposed group home
and several issues need to be addressed. He said first, "Senior"
needs to be defined and a restriction needs to be placed to allow
only three clients. In addition, a condition needs to be added
that the building cannot be remodeled and no signs will be allowed.
Donahue stated he's been informed by counsel that the Conditional
Use Permit cannot be denied, but he feels that the Council would be
well within their rights to add several conditions prior to
approval.
Nystul asked Neier if it would be reasonable for the Council to
restrict expansion.
Neier, citing the cases of Mahrt vs. Kalispell and Thelen vs.
Missoula, said the statute is clear and even though this may not be
a desirable facility, the Council "would not be on firm ground" to
place any conditions on this project that could not be placed on a
single family residence in that zone.
Kukulski agreed, adding it's discouraging that this kind of project
is placed under a Conditional Use Permit and yet the statute
doesn't allow any additional restrictions. He said the City has
already been fined five hundred dollars for a similar case and if
the City ends up in Court again he doesn't think the Montana
Supreme Court will "be as kind".
Narda Wilson, FRDO, said her office has processed a number of these
applications and the statute makes it clear they are a permitted
use in all residential zones. She suggested the Council initiate
a change to place these facilities in a permitted use category.
When questioned about the parking requirements, Wilson stated it's
her opinion there is adequate parking on site to accommodate the
proposed residents and property owners.
Boharski said his biggest concern is the traffic movement and
pedestrian safety and asked Police Chief Frank Garner to look into
the possibility of prohibiting on street parking in this area.
Donahue moved to table the Conditional Use Permit pending
additional information. The motion was seconded by Scarff.
The motion carried upon roll call vote with Donahue, Graves,
Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, and
Atkinson voting against.
ORDINANCE 1331 - SMITH FOOD'S ZONE CHANGE REQUEST - 1ST READING
This ordinance rezones the Smith Food's property from B-3,
Community Business, to B-4, Central Business District.
Graves moved first reading of Ordinance 1331, 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 B-3, Community Business)
to B-4 (Central Business District), in accordance with the City -
County Master Plan, and to provide an effective date. The motion
was seconded by Nystul.
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There was discussion.
Nystul commented when site review looks at the plans, he hopes
access from Idaho Street is restricted due to the traffic problems.
Wilson said there are no plans for any access from Idaho Street.
Larson said he'd also like site review to consider the loading and
unloading of trucks which is a problem right now on 4th Avenue East
North.
Wilson said the store plans to move the loading area to the south
side of the building after construction is complete.
The motion carried unanimously upon roll call vote.
ORDINANCE 1332 - SUPPLEMENTARY REGULATIONS - 1ST READING
This ordinance amends Chapter 27.22, Supplementary Regulations, of
the Kalispell Zoning Ordinance.
Scarff moved first reading of Ordinance 1332, an ordinance amending
Chapter 27.22, Supplementary Regulations, of the Kalispell Zoning
Ordinance, (Ordinance No. 1175), and declaring an effective date.
The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1330 - FIRE HAZARDS - 2ND READING
This ordinance updates Ordinance 887 concerning the removal of tall
grasses, rubbish and debris which create a fire hazard within the
City.
Atkinson moved second reading of Ordinance 1330, an ordinance
amending Ordinance No. 887, Sections 10-8 and 10-9 of the Kalispell
City Code, to provide for responsibility of the owner, his
representative or contract purchaser or the occupant of real
property within the City to remove fire hazards therefrom and to be
liable for costs of removal thereof if such person fails to remove
same after the written notice, and establishing an effective date.
The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski informed the Council that staff is working on a policy
concerning the sale and use of alcohol on City owned property,
particularly the Central School Museum, Hockaday Center for the
Arts and Conrad Mansion.
Kukulski said the Airport Master Plan is slated for the workshop
August 9th but if the book isn't received by tomorrow at the
latest, the presentation of the plan will be delayed. He added the
workshop will also include discussion of casinos, bars and taverns,
and extending sewer and water to the 2 Rivers Resort.
ADJOURN
The meeting was adjourned at 8:40 p.m.
Calm iar5!
Wm. E . .Bohars i
Mayor
ATTEST:
eresa White
City Clerk
approved August 16, 1999