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08/16/99 City Council Minutes1502 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 16, 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 Nystul. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting August 2, 1999 2. Approval of Claims per Payables Register-$167,180.81 3. Authority to Bid - Woodland Park D.R.E.A.M. Trail Phase III 4. Authority to Bid - Kalispell Public Works Wash Bay Project 5. Reject Bid - El Dorita Lift Station 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 Mayre Flowers, Program Director for Citizens for a Better Flathead, read a letter from the Board of Directors concerning the Dome procedure. (Letter is attached hereto and by this reference is made a part of the official record) Flowers also informed the Council an ethics task force is being established to gather information and make recommendations on guidelines and policies needed "to ensure that existing ethical and procedural deficiencies in our local government are addressed". PUBLIC HEARING - PROPOSED AMENDMENT OF TERMS OF THE INDUSTRIAL DEVELOPMENT REVENUE NOTE (KALISPELL CENTER LIMITED PARTNERSHIP PROJECT) The City has been asked to approve the amendment of the terms of the Industrial Development Revenue Note issued by the City of Kalispell on December 17, 1984, to finance acquisition of certain land, constructing and equipping the Kalispell Center Mall. Boharski opened the public hearing. Proponents None Opponents Carson Stragy-Fora, MT Peoples Action, stated she is helping with efforts to require that businesses which receive any tax subsidies pay their employees at least a living wage, which in Kalispell, is at least $9.02. She encouraged the Council to carefully study what workers need in the community before giving any additional help to Cavanaughs. Joanna Arkima, 635 6th St. W., Cavanaughs employee, said she has been intimidated by her supervisor because she's pro -union and hopes the Council reevaluates the idea of helping another low wage company. Judy Saurman, 110 2nd Ave. W., said she has worked at Cavanaughs for the past eight years and until just recently, was making only $5.15 an hour. 1503 Melissa Case, 347 2nd Ave. W., Political Director for the Hotel Employees and Restaurant Employees Union in Montana, asked the Council to postpone any decision about refinancing before an assessment of Cavanaughs' contribution to the community can be made. Fran Marceau, 98 Sussex Dr., stated any company that has employees who qualify for food stamps is not an asset to the community and doesn't deserve any special consideration. Bob Waltmire, Columbia Falls, said he's a federal and state taxpayer and it doesn't make sense to use taxpayer monies to create jobs for people that when hired, qualify for food stamps. Bill Breen, 335 Mountain Meadow Rd. (Letter read at meeting is attached hereto and by this reference is made a part of the official record) Jackie Held, President of the Hotel Employees and Restaurant Employees Union, said it's the Union's position that Cavanaughs isn't a company that's in desperate need of refinancing. Dick Hader, 2388 Foothill Rd., said a large company like Cavanaughs should have to "pay their own way," especially with so many small businesses in need. Boharski closed the public hearing. CONDITIONAL USE PERMIT - BYRON AND LOIS RANDALL This request was tabled by the Council on August 2nd. The proposal involves a group home for elderly residents on the south side of Crestline Avenue between Claremont Avenue and Buffalo Hill Drive. Atkinson moved to remove the Conditional Use Permit from the table. The motion was seconded by Nystul. The motion carried unanimously upon vote. Van Natta moved to grant the Conditional Use Permit. The motion was seconded by Larson. There was discussion. Donahue said the problems expressed at the last meeting have been ironed out, but he just discovered there's a restriction on the deed prohibiting any business on the property. He said because of that, he feels "it would be inappropriate to proceed further with this matter until this is resolved". Haarr moved to table the motion until the issue of the deed restriction is resolved. The motion was seconded by Donahue. Larson asked Neier if the restriction is the City's problem or the owner of the property. Neier answered in his opinion, the deed restriction is between the owner and the seller of the property and it's not the City's business. The motion failed upon vote. Neier stated some conditions suggested by the Council should be added to the permit, such as restricting the number of residents to four, but he reminded members of the Mahrt vs. Kalispell case and stated he doesn't feel any additional conditions can be placed on the property. Boharski said the owners should definitely check into the deed restriction, but as far as the City is concerned, all other issues appear to have been addressed. He said the City's "hands are tied" by the State Supreme Court and the Council needs to move forward and approve the permit. Tom Samuel, 150 Charlotte Ave., said he's concerned about the safety of the residents. He said there are no sidewalks or curbs and ice in the winter can be a danger. Samuel questioned the 1504 feasibility of loading and unloading wheelchairs in front of the residence, and stated he's also concerned what will happen if there's a fire. He said he feels the City is letting economic gains take over the care of people. Boharski commended Samuel on his concerns, but added those are issues for the State Department of Public Health and Human Services to monitor. Atkinson said he believes one of the reasons cities lost control of these types of residences is because of "NIMBYS", people who constantly say, "Not In My Backyard". He said it's always been extremely hard to get group homes in neighborhoods and he encouraged the Council to vote in favor of the permit. Donahue said he takes offense to Atkinson's comments and the only concern of the neighborhood is the residents's safety, not that they're going to be neighbors. Mayre Flowers, Farm to Market Road, stated the State licensing procedure addresses the health and welfare of the residents and that's "getting lost in this discussion". Dick Hader, 2388 Foothill Rd., commented the legal technicalities on the deed should be investigated to "save the Council embarrassment". Larson said the Council is spending too much time on something it has no control over. He agreed that the State will take care of the safety concerns and the deed restriction isn't the City`s business. Larson suggested the Council vote on the issue and move on with the other agenda items. Haarr said it's still the moral obligation of the Council to ask whether the safety concerns will be addressed. He said the Council votes on these issues without ever seeing the final license. Kukulski said he would try to provide the Council a copy of the license when approved, but he doesn't feel it would be appropriate for members to deny the permit on the basis that a license hasn't been issued. Nystul moved an amendment to the Conditional Use Permit by adding the following conditions to Section I: 1) Number of residents shall be limited to four; 2) Parking will be in conformance to the Kalispell Zoning Ordinance; and 3) Signage will be in conformance to the Kalispell Zoning Ordinance, with nothing identifying it as a group home. The motion was seconded by Donahue. There was discussion. Van Natta stated he doesn't understand why the Council is having so much trouble with this Conditional Use Permit when members have passed several similar ones since he took office. He suggested the Council move along on the issue and vote. The amendment carried unanimously. The motion as amended carried upon vote with Donahue and Haarr voting against. EVERGREEN SEWER RATE APPROVAL Sewer rate adjustments for flows contributed by the Flathead County Sewer and Water District #1 are adjusted yearly. The rate for maintenance, operation and replacement is $1.61 per thousand gallons, down $.12. Nystul stated he will abstain from the vote since he occasionally does work for the district. Larson moved the new rate of $1.61 per thousand gallons for the Evergreen Sewer District be approved. The motion was seconded by Graves. There was no discussion. 1505 The motion carried unanimously upon vote with Nystul abstaining. RESOLUTION 4502 - A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED CHANGE TO THE SEWER CONNECTION FEE SCHEDULE Graves moved Resolution 4502, a resolution setting a date for a public hearing on a proposal to adopt increases in the fees, schedules, rates, charges and classifications imposed on the customers of the Kalispell sewer utility. The motion was seconded by Scarff. There was discussion. Boharski explained the change in the schedule is simply to allow for the connection of meters larger than four inches in diameter and doesn't change the current monthly billing. The motion carried unanimously upon roll call vote. RESOLUTION 4503 - A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED CHANGE TO THE WATER CONNECTION FEE SCHEDULE Graves moved Resolution 4503, a resolution setting a date for a public hearing on a proposal to adopt increases in the fees, schedules, rates, charges and classifications imposed on the customers of the Kalispell Water Utility. The motion was seconded by Scarff. There was discussion. Neier stated the public hearing is scheduled for November 1st. He said the hearing is set a couple months in advance to give staff the time to properly notify City residents. The motion carried unanimously upon roll call vote. ORDINANCE 1333 - ESTABLISHING RULES GOVERNING THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SPECIFIED CITY -OWNED BUILDINGS - 1ST READING This is the first reading of a proposed ordinance establishing requirements which the Hockaday Center for the Arts, the Conrad Mansion and the Central School Museum must meet prior to any alcohol being consumed on the premises. Larson moved first reading Ordinance 1333, an ordinance repealing Ordinance No. 811 §1 and Ordinance No. 813 §1 (§3-10.1, Kalispell City Code) by prohibiting the sale, consumption or possession of alcoholic beverages in or upon any buildings or other property owned or occupied by the City and upon any street or sidewalk, except certain premises as approved by the City Manager or his designee and establishing an effective date. The motion was seconded by Scarff. There was discussion. Haarr questioned why the Chamber of Commerce isn't included in the ordinance. Kukulski said he simply overlooked the Chamber and it could certainly be added. He said there has also been discussion of adding the airport and the golf course, even though the golf course has it's own liquor license. Donahue commented he doesn't think any specific facilities should be identified, because next week it could change. He suggested Ordinance 1241, an emergency ordinance passed on June 17, 1996, be adopted instead because it covers the situation without naming buildings. Donahue moved a substitute motion to replace the body of Ordinance 1333 with the wording of Ordinance 1241, leaving out any reference to "emergency". The motion was seconded by Haarr. There was discussion. Boharski asked whether Ordinance 1241 sets forth a procedure to notify the City of special events where alcohol will be served. 1506 Donahue said he believes it does, although there will have to be a few "editorial" changes, such as changing the City Council to the City Manager in terms of who approves the permit. (Donahue read Ordinance 1241) Boharski commented that Ordinance 1241 appears to exclude the buildings that are leased from the City and the point of Ordinance 1333 is to make sure they have the proper insurance when serving alcohol so that the City isn't liable for any mishaps. Kukulski agreed, saying the intent of Ordinance 1333 was not only to ensure the lessees have the proper insurance before serving alcohol, but also to streamline the permit process. Larson moved to table the ordinance pending further review. The motion was seconded by Donahue. The motion carried upon vote with Van Natta voting against. Nystul commented in the future, other Council members and staff should be given a chance to comment on an issue prior to a motion to table being made. ORDINANCE 1334 - AN ORDINANCE AMENDING THE SALARY SCHEDULE - 1ST READING Ordinance 1334 is a result of the recently signed contract between the Kalispell Police Association and the City. Scarff moved first reading of Ordinance 1334, an ordinance amending Ordinance No. 1308, fixing the limits of the salary and compensation of the City officials, supervisors, and employees 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 Larson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1331 - SMITH FOODS ZONE CHANGE - 2ND READING Scarff moved second 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 zone B-3, Community Business) to B-4 (Central Business District), in accordance with the City -County Master Plan, and to provide an effect date. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1332 - HOUSEKEEPING AMENDMENTS TO SUPPLEMENTAL ZONING REGULATIONS - 2ND READING Graves moved second 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 Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski informed the Council that on Thursday and Friday the Parking Commission will conduct hourly counts of all public parking lots and on -street parking to determine whether there are parking deficiencies in the downtown area and if so, where they are. Boharski commented he can't even count how many people have complained to him concerning the amount of the parking tickets and stated if the Council wants to make the downtown customer friendly, something has to be done about the amount of the fine. 1507 Kukulski reminded the Council of the City Picnic scheduled for Tuesday, August 24th starting at 5:30 p.m. Van Natta commented the new speed signs are posted on Highway 93 North and he commended the people who are abiding by the limits. Atkinson reminded the staff to provide copies of the Master Plan to the Council as soon as possible so that members can be involved in the development. Kukulski said Narda Wilson of FRDO has assured him the Master Plan would be ready for distribution within the next thirty days. ADJOURN The meeting was adjourned at 9:14 p.m. ATTEST: 12� V4,1� Theresa White City Clerk 1 approved September 7, 1999 1 wm.F .Bohar5 I Wm. E. Boharski Mayor 1508 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, SEPTEMBER 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 Consent Agenda Item #3 being moved to Agenda Item #9. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting August 16, 1999 2. Approval of Claims per Payables Register-$842,845.54 3. Award Bid - Woodland Park D.R.E.A.M. Trail Phase III (Moved to Agenda Item #9) Atkinson moved approval of the Consent Agenda. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Fred. Hammel, 505 7th Avenue West, spoke against the proposal to move the Fairgrounds out of the City. He said a commercial development in that location will cause even more traffic problems, and until a bypass is built, the Fairgrounds should stay where it is. POLICE OFFICER CONFIRMATION Officer Chad Zimmerman has successfully completed his one-year probationary period as a Patrolman for the Kalispell Police Department and Council confirmation is required. Police Chief Frank Garner commended Zimmerman on his performance the past year and recommended confirmation. Officer Zimmerman spoke a little about himself and said he has enjoyed working for a police department of such high caliber. Larson moved approval of the confirmation of Police Officer Chad Zimmerman. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon vote. RESOLUTION 4504 - A RESOLUTION TO PURCHASE THE THOMPSON/ P INGREE TRUST PROPERTIES LOCATED ON LOTS 3, 4, 5, 6, 7, 8 AND 9 OF BLOCK 76 OF KALISPELL ORIGINAL TOWNSITE The purchase price of $265,000 would be taken from Downtown Urban Renewal District funds. Atkinson moved Resolution 4504, a resolution relating to the acquisition of Lots 3, 4, 5, 6, 7, 8 and 9 (excepting therefrom the southerly 5 feet of Lot 9), Block 76, Kalispell Original Townsite, from Debra A. Thompson and Susan M. Thompson as trustees of the David E. Thompson Revocable Trust and Hugh Pingree as trustee of the Hugh R. Pingree, Jr. Revocable Living Trust, establishing a fair market value, and identifying the interest to be acquired. The motion was seconded by Graves. There was discussion.