01/03/00 City Council Minutes1553
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JANUARY 3, 2000, 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
MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT.
President Nystul (Mayor Boharski arrived late) 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 Graves.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes -Regular Meeting December 20, 1999
2. Approval of Claims per Payables Register-$169,330.11
Van Natta moved approval of the Consent Agenda as presented. The
motion was seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon vote.
OUTGOING COUNCIL PRESENTATIONS
Mayor Boharski thanked outgoing Council members Norbert Donahue,
John Graves and Gary Nystul for their time and devotion to the City
of Kalispell.
John Graves said it's been an honor serving on the City Council.
He said even though there have been some trying times, the Council
seemed to be able to reach a consensus on most issues. He thanked
the staff and said the City is fortunate to have such fine
individuals running the different departments.
Norbert Donahue thanked the Council and the staff for all their
hard work, but added the Police officers need to "quit your whining
and quit your bellyaching". He stated he has managed to accomplish
some of the goals he had when he first took his Council seat, such
as the establishment of the Municipal Court and the re-enactment of
the Police Commission. He closed by saying the City needs to "dump
the City Manager form of government" and place personal contact
back in the hands of the Mayor and Council.
Gary Nystul said he was part of the movement toward the City
Manager form of government and still feels it's the better option.
He added Al Thelen should be looked at as the model for City
Managers. Nystul listed several accomplishments of the current and
past Councils which couldn't have been possible without the staff.
He suggested the Council talk to each other and work together on
the upcoming challenges such as growth management. Nystul thanked
the residents of Kalispell, along with his wife and daughter for
their support.
Kukulski presented Donahue, Graves and Nystul with a plaque of
appreciation and thanked them for their service.
OATHS OF OFFICE
Mayor Boharski gave the oath of office to Don Counsell, Randy
Kenyon, Duane Larson and Fred Leistiko.
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Kenyon said he is proud to be a part of the Council and thanked the
residents for their support.
Leistiko thanked the residents for voting for him and assured
Kukulski he is in favor of the City Manager form of government.
Counsell thanked the voters of Ward I and stated he is very
interested in strategic planning for the future growth of
Kalispell.
Larson said he feels very humble that he was reelected and he
thinks things will be moving along very progressively.
ELECTION OF COUNCIL PRESIDENT
Boharski opened the floor to nominations for Kalispell City Council
president.
Scarff nominated Duane Larson as the next Council president. The
motion was seconded by Van Natta.
There was no discussion.
Leistiko moved the nominations be closed. The motion was seconded
by Atkinson.
The motion carried unanimously upon vote.
The main motion carried unanimously upon roll call vote.
HEAR THE PUBLIC
Pauline Sjordal, 234 3rd Avenue West, said the second annual 1st
Night Flathead was a tremendous success and thanked several
organizations, including City staff, for their help.
Marlene Allen, 804 5th Avenue West, thanked Gary Nystul for being
such a fine representative for the City of Kalispell.
Mayre Flowers, Citizens for a Better Flathead, told Council members
CFBF is committed to being active in the growth policy plan and she
hopes the Council looks at the packet CFBF put together on the
plan.
Lex Blood, 844 3rd Avenue East, said the growth policy plan is the
"keystone" to strategic planning for the area and urged the Council
to seek the broadest public participation as possible when
finalizing the plan.
RESOLUTION 4524 - A RESOLUTION TO ABANDON A PORTION OF 1ST ALLEY
WEST NORTH FROM MONTANA STREET TO US 2 (IDAHO STREET)
The owners of Taco Johns and Hardee's have requested the
abandonment which will eliminate access to this alley from US 2.
After reviewing the request, the Public Works Department has
determined the abandonment would present no adverse impact on the
City.
Haarr moved Resolution 4524, a resolution to abandon and
discontinue the alley between North Central Food Systems, Inc.,
D.B.A. Hardee's, located at 40 West Idaho Street, and Taco John's
of Kalispell, located at 150 North Main Street (Highway 93) in
Kalispell, Montana. The motion was seconded by Scarff.
There was discussion.
Haarr commented this is a good move on the part of the property
owners and the City.
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The motion carried unanimously upon roll call vote.
RESOLUTION 4525 - A RESOLUTION ANNEXING ASHLEY PARK PHASE III
Somers Land Co. has requested annexation of Ashley Park Phase III
subdivision, a 33-lot residential subdivision located on the west
side of Airport Road and south of Ashley Creek.
Larson moved Resolution 4525, 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
described in "Exhibit A", to be known as Ashley Park Phase III; to
zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was
seconded by Van Natta.
There was discussion.
Atkinson commented each time the City boundaries are expanded,
there's a chance another casino will be added to Kalispell. He
asked if the annexations this evening will result in any additional
casinos.
Neier said he is not aware of any of the annexations this evening
resulting in any liquor licenses being moved into the City.
Narda Wilson, FRDO, stated with all of the annexations that have
taken place recently between Kalispell, Whitefish and Columbia
Falls, there's "nothing out there that can't already be put into
one of those three jurisdictions".
Atkinson said he's also concerned that there are only two exits
from the subdivision, which he feels creates bottlenecks during
rush hours.
Police Chief Frank Garner said limited access to a subdivision
leads to limited intrusion which can be a positive thing. He said
limited access provides a deterrent to criminals and gives
residents a chance to become familiar with vehicles.
The motion carried unanimously upon roll call vote.
ORDINANCE 1343 - AN ORDINANCE ZONING ASHLEY PARK PHASE III - 1ST
READING
Somers Land Co. is requesting a zoning designation for the 8.41
acre subdivision of R-4, Two Family Residential, which will comply
with other zoning in the area.
Haarr moved 1st reading of Ordinance 1343, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), Ashley Park Phase III (previously
zoned County R-4, Two Family Residential), 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.
RESOLUTION 4526 - FINAL PLAT APPROVAL OF ASHLEY PARK PHASE III
Preliminary plat approval for this subdivisions was granted by the
Board of County Commissioners on May 10, 1994 as a multi -phase
subdivision.
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Wilson said all of the conditions of the preliminary plat have been
met or otherwise adequately addressed. She added there's a
Subdivision Improvement Agreement included that also needs to be
accepted by the Council.
Scarff moved Resolution 4526, a resolution approving the final plat
of Ashley Park Phase III, Kalispell, Flathead County, Montana. The
motion was seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4527 - A RESOLUTION ANNEXING BUFFALO STAGE PHASE IV
Buffalo Chip Partners is requesting annexation of Buffalo Stage
Phase IV, a 16-lot residential subdivision located west of
Whitefish Stage Road and north of Edgerton School.
Leistiko moved Resolution 4527, 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
described in "Exhibit A", to be known as Buffalo Stage Phase IV, to
zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was
seconded by Haarr.
There was discussion.
Haarr commented he would like to see more of these kind of
additions to the City of Kalispell.
The motion carried unanimously upon roll call vote.
ORDINANCE 1344 - AN ORDINANCE ZONING BUFFALO STAGE PHASE IV AS LOW
DENSITY RESIDENTIAL APARTMENT - 1ST READING
The proposed zoning will comply with other zoning in the area
assigned to previous phases of the Buffalo Stage development.
Scarff moved first reading of Ordinance 1344, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), Buffalo Stage Phase IV (previously
zoned County RA-1, Residential Apartment) to City RA-1 (Low Density
Residential Apartment), in accordance with the City -County Master
Plan, and to provide an effective date. The motion was seconded by
Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4528 - A RESOLUTION ANNEXING SUBDIVISION NO. 182
Robert Rinke is requesting annexation of a one acre site located on
the east side of 5th Avenue East, north of 18th Street East for the
purpose of a minor subdivision.
Larson moved Resolution 4528, 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
described in "Exhibit A", to be known as Subdivision No. 182; to
zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was
seconded by Scarff.
There was discussion.
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Counsell asked what would happen to the mobile home that exists on
Lot 4 when the subdivision is approved.
Neier answered the mobile home is a pre-existing use and will not
be displaced.
Leistiko asked about the access to Lots 2 and 4.
Wilson said the two lots will have a shared 10-foot wide, paved
access with a Fire Department approved turn around.
The motion carried unanimously upon roll call vote.
ORDINANCE 1345 - AN ORDINANCE ZONING SUBDIVISION NO. 182 AS LOW
DENSITY RESIDENTIAL APARTMENT - 1ST READING
Scarff moved first reading of Ordinance 1345, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), Subdivision No. 182 (previously
zoned County R-4, Two Family Residential) to City RA-1 (Low Density
Residential Apartment), in accordance with the City -County Master
Plan, and to provide an effective date. The motion was seconded by
Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4529 - PRELIMINARY PLAT APPROVAL
Scarff moved Resolution 4529, a resolution approving the
Preliminary Plat of Subdivision No. 182, Flathead County, Montana.
The motion was seconded by Haarr.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1346 - TELMON ZONE CHANGE REQUEST - 1ST READING
Telmon, Inc. has requested a zone change for a two -acre site
located near the northwest corner of North Meridian Road and Three
Mile Drive for the purpose of developing an office building.
Haarr moved first reading of Ordinance 1346, an ordinance to amend
Section 17.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property
described in Exhibit "A" Residential/Professional Office, R-5, in
accordance with the City -County Master Plan, and to declare an
effective date. The motion was seconded by Atkinson.
There was discussion.
Haarr said with the reconstruction of Meridian Road, this property
will be undergoing a tremendous amount of transition and he hopes
with the improvements, the City will be able to bring sewer and
water to the lots that don't have services.
The motion carried unanimously upon roll call vote.
CITY -COUNTY PLANNING BOARD APPOINTMENT
Two appointments for the Kalispell City -County Planning Board are
made by City Council each year. Don Garberg and Rob Heinecke have
requested re -appointment to the board. Two additional applicants
are also requesting a seat, Richard Kuhl and John Parsons.
Boharski recommended the reappointment of Don Garberg and Rob
Heinecke and asked for a motion dealing first with Garberg.
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Scarff moved the Council accept the Mayor's recommendation and re-
appoint Don Garberg to the City -County Planning Board. The motion
was seconded by Haarr.
There was discussion.
Atkinson made a point of order stating Boharski does not have the
authority to recommend both Garberg and Heinecke. He said one of
the seats is a Mayoral appointment, but the other seat is appointed
by the Council.
Neier said according to State law, one appointment is made by the
Mayor with the other seat filled by the Council. He added because
the Mayor is a member of the Council, there's no reason he can't
make a recommendation.
Boharski said as a compromise between Ordinance 1166 and State law,
it was decided two years ago the Mayor would make a recommendation
for both seats and ask for Council's approval.
Atkinson said he still has a problem with the Mayor making a
recommendation for both seats because he feels it prejudices the
outcome.
The motion carried unanimously upon vote.
Boharski recommended the reappointment of Rob Heinecke and asked
for a motion.
Atkinson moved the Council reject the Mayor's recommendation. The
motion was seconded by Kenyon.
There was discussion.
Haarr said it appears there's an attempt to change a seat on the
Planning Board and unless there's a compelling reason not to make
the reappointment, Heinecke should be placed back on the board.
Kenyon said part of the reason he was elected is because people
felt changes are needed and this is a good place to start.
The motion failed on roll call vote with Atkinson and Kenyon voting
in favor, and Counsell, Haarr, Larson, Leistiko, Scarff and Van
Natta voting against.
Boharski pronounced if there was no objection, the vote be switched
in favor of Heinecke being reappointed to the City -County Planning
Board.
There was no objection.
Don Garberg and Rob Heinecke were reappointed to the board.
CITY -COUNTY HEALTH BOARD APPOINTMENT
Councilor Larson's term expired December 31, 1999.
Boharski stated Larson has served on the Health Board for the past
eleven (11) years. He said since Larson was elected Council
President, it was decided another Council member should serve on
the board.
Boharski recommended Councilor Scarff be appointed.
Haarr moved Council accept Boharski's recommendation and appoint
Doug Scarff to the City -County Health Board. The motion was
seconded by Leistiko.
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There was discussion.
Larson said he enjoyed serving on the board and will miss it, but
sometimes it's better to place someone new on a board for new
ideas.
The motion carried unanimously upon vote.
SOLID WASTE MANAGEMENT DISTRICT BOARD APPOINTMENT
Norbert Donahue's term expired December 31, 1999.
Boharski recommended Councilor Van Natta be appointed.
Leistiko moved Council accept BoharskiIsrecommendation and appoint
Ron Van Natta to the Solid Waste Management Board. The motion was
seconded by Counsell.
There was no discussion.
The motion carried unanimously upon vote.
POLICE COMMISSION BOARD APPOINTMENT
The Mayor received nine applications from people interested in
serving on the Police Commission. They are: Peg Allison; Colin
Andrews; Colleen Breeze; Chris Degenhardt; Norbert Donahue; Sandi
Grob; Karla Jones; Dick Stotts and Joseph Watts.
Boharski recommended Colin Andrews be appointed.
Larson moved Council accept Boharski's recommendation and appoint
Colin Andrews to the Police Commission. The motion was seconded by
Leistiko.
There was discussion.
Larson said it's commendable that so many people want to serve on
the Police Commission and encouraged the unsuccessful applicants to
apply again if another position opens up.
The motion carried unanimously upon vote.
RESOLUTION 4530 - A RESOLUTION SETTING A PUBLIC HEARING ON
MODIFICATION OF THE WESTSIDE URBAN RENEWAL DISTRICT
Due to recent projects being proposed for the Westside Urban
Renewal District, the City needs to conduct a public hearing in
order to amend the urban renewal activities within the district
from those originally specified in 1997. A tentative date of the
public hearing is set for January 24th during a special meeting.
Kukulski explained before the City can utilize Urban Renewal funds,
the Council has to declare a project as part of that Urban Renewal
District. Kukulski said in order to add several projects to the
list, a public hearing has to be held and the amendments approved.
He added, however, that just because a certain project is listed in
the Westside Urban Renewal District, it doesn't mean the City is
required to follow through with it. He said the public hearing
will also allow the City to amend the procedure for approving
projects. Kukulski said as it stands now, every time the Urban
Renewal Plan is modified, notices have to be mailed to all of the
property owners within the district. He said staff would like to
amend that requirement to allow for notice by publication only for
any future amendments.
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Atkinson moved Resolution 4530, a resolution calling for a public
hearing on a proposed modification of the Kalispell Montana Urban
Renewal Plan to approve certain projects as urban renewal projects
and to finance the projects through the issuance of tax increment
urban renewal bonds and to amend Ordinance No. 1259 regarding the
procedure for approving projects. The motion was seconded by
Larson.
There was discussion.
Boharski recommended that without objection, the wording of both
(a) and (g) be changed to read "Gateway West Complex."
There was no objection.
Atkinson suggested that prior to the public hearing, staff provide
the public with a clear understanding of the projects.
Kukulski said he hopes to have all of the information compiled by
next week and it will be made available to the public.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski informed Council members that Senators Baucus and Burns
are sending representatives to Kalispell to discuss the Stream
International project proposed for Gateway West Mall and a meeting
is scheduled for Thursday morning at the Kalispell Chamber of
Commerce office starting at 10:30.
Kukulski said he is trying to set up a workshop with the County
Commissioners concerning the City -County Growth Policy Plan and
what procedure needs to be taken to adopt the plan.
Larson said he received a phone call concerning 1st Alley West on
the 200 block. He said a one-way sign was recently installed and
business owners are apparently concerned. Larson asked staff to
look into the situation and report back.
Larson announced he has been appointed to the Montana League of
Cities and Towns Board of Directors.
ADJOURN
The meeting was adjourned at 9:43 p.m.
ATTEST:
o�
Theresa White
City Clerk
approved January 18, 2000
Wm. E. Boharski
Mayor
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January 3, 2000
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