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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. Kalispell City Council Minutes January 3, 2000 1554 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. Kalispell City Council Minutes January 3, 2000 Page 2 of 8 1555 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. Kalispell City Council Minutes January 3, 2000 Page 3 of 8 1556 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. Kalispell City Council Minutes January 3, 2000 Page 4 of 8 1557 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. Kalispell City Council Minutes January 3, 2000 Page 5 of 8 1558 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. 1 1 Kalispell City Council Minutes January 3, 2000 Page 6 of 8 1559 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. Kalispell City Council Minutes January 3, 2000 Page 7 of 8 1560 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 Kalispell City Council Minutes January 3, 2000 Page 8 of 8