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04/17/00 City Council Minutes1593 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 17, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBER JIM ATKINSON WAS ABSENT. 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 Van Natta. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting April 3, 2000 2. Approval of Claims per Payables Register-$159,522.42 3. Pledged Securities as of March 31, 2000 4. Proclamation - National Credit Education Week Scarf moved approval of the Consent Agenda as presented. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Bill Wright, 1104 1st Avenue East, Member of the Street Tree Commission, presented the Mayor with the Growth Award for 1999 stating Kalispell has been named a Tree City USA for the 13th year in a row. John Fenske, Homer, AK, commented on the possible sale of the fairgrounds and asked the Council to maintain as much common public space as possible without selling it off to developers. PUBLIC HEARING - MEMORANDUM OF UNDERSTANDING WITH THE MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION This Memorandum of Understanding between the City of Kalispell, Flathead County and the State Land Board concerns future development of Section 36, State School Trust Land administered by the DNRC. Boharski opened the public hearing. Proponents and Opponents Jeannie Fairbanks, DNRC program manager of State trust lands, presented background information on the development of the neighborhood plan and stated that DNRC is in favor of the addition of a beneficial use tax in the Memorandum, but is opposed to the requirement that all developments meet City standards whether annexed or not. She said they wouldn't be opposed to wording that Kalispell City Council Minutes April 17, 2000 1594 the streets meet City standards, but requiring that all City standards be met, especially if the property isn't annexed, is unreasonable. Jon Dahlberg, DNRC area manager, commented the State is proposing planned future developments that will generate more money for the schools and create a nice entrance to the City from the north. Ted Giesey, DNRC program manager for forest and trust lands, said adoption of the memorandum is the first step to allow DNRC to proceed with the competitive bidding process. Mayre Flowers, Citizens for a Better Flathead, said opening these 340 acres to development will have a major impact on the area and the memorandum should receive adequate legal and fiscal analysis prior to adoption. Brace Hayden, Citizens for a Better Flathead, stated the memorandum needs to undergo further review under the Montana Environmental Policy Act or MEPA, and urged the Council to "slow down" and gather the necessary data. Dawn Oehlerich, Montana Environmental Information Center, said the City should not enter into an agreement with DNRC until MEPA is fully complied with. Norbert Donahue, 144 Crestline, commented this is a "huge area that will have a huge impact on the City of Kalispell and Flathead County" and several things needed to be added to the agreement. He suggested postponing the issue until the agreement can be looked at more closely. Patricia Johnson, Citizens for a Better Flathead, agreed that the memorandum needs strengthening but said questions still need to be answered, such as what would the strain on the sewer plant be when the development is complete. Barry Roose, MT Department of Commerce, reminded Council of all of the public input that has already been put into the neighborhood plan and asked for approval of the memorandum as presented. Susan Moyer, Community Development Director, said the City has a good chance of obtaining grants for the extension of services but there are several deadlines to meet and approval of the memorandum is just the first. James Metcalf, 165 Trailridge Road, stated the MEPA process needs to be done for the entire area and not piecemeal. Bill Breen, 335 Mountain Meadow Road, supported the recommendations made by Citizens for a Better Flathead. Fairbanks, in closing, said MEPA will be conducted in accordance with the law. She said it isn't feasible to do MEPA for the entire area because there are too many combinations of uses with too many alternatives. Boharski opened the floor to Council questions. Kenyon said he feels the section concerning the beneficial use taxes should be strengthened. 1 1 1 Kalispell City Council Minutes April 17, 2000 Page 2 of 7 1595 Fairbanks answered the DNRC is asking to be treated like anyone else and will be paying the same taxes as any private developer. Larson agreed that the legislature changes the tax rules every year and also suggested the memorandum be strengthened. Kukulski said he feels Neier can strengthen the tax requirements in a way that would be acceptable to DNRC. Haarr moved approval of the Memorandum of Understanding as presented. The motion was seconded by Scarff. There was discussion. Haarr spoke in favor of the motion stating most of the comments are covered under the agreement. He said the DNRC expressed concerns with the section concerning City standards, and if it's going to break the agreement, he doesn't see any problem with striking it. Haarr said if the property is annexed, they'll have to abide by the City's regulations anyway. Larson said he agrees that the City needs to protect the downtown, but a high tech business park development shouldn't hurt as much as other types could. He added however, that maybe the memorandum should be looked at again prior to approval. Counsell commented it's a good agreement and the Council needs to move forward with it. Van Natta said any concerns with MEPA should be left to the State. He said it's a good opportunity to move utilities to the north. Van Natta agreed with Haarr that the City can't require a developer meet City standards unless the property is annexed. Van Natta moved an amendment to the Memorandum of Understanding by striking, "Whereas, DNRC will require that all developments meet City standards". The motion was seconded by Haarr. There was discussion. Leistiko suggested instead of eliminating it, maybe it should be revised to say that any "annexation" must meet City standards. Kukulski argued regardless of annexation, all developments should meet City standards. He said the City shouldn't be willing to risk sub -standard developments like several that surround the City now. Haarr said first the City needs a policy on the issue instead of "picking and choosing". Van Natta stated he agrees both ways, but feels the City is taking a chance on the State not agreeing to the Memorandum if it's not amended. Boharski said the Land Board is coming to the City and will likely agree to any conditions the City wants. He said he thinks DNRC is reading more into the statement than what it actually there. The amendment failed upon roll call vote with Haarr and Van Natta voting in favor, and Counsell, Kenyon, Larson, Leistiko, Scarff and Boharski voting against. Kalispell City Council Minutes April 17, 2000 Page 3 of 7 1596 The main motion carried upon roll call vote with Kenyon voting against. ORDINANCE 1351 - 2ND READING - INITIAL ZONING REQUEST FROM DELORES PARTNERSHIP GROUP, STANLEY PINE AND MARIE STERNER FOR B-2, GENERAL BUSINESS The above listed property owners are requesting City B-2 zoning, General Business, which allows a wide variety of general commercial, retail and office -type uses. Scarff moved second reading of Ordinance 1351, 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 Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4547 - PRELIMINARY PLAT APPROVAL FOR APPLEWAY OFFICE COMPLEX Appleway Development Group is requesting preliminary plat approval for an eight -lot commercial subdivision on approximately 11.96 acres located on the north side of Appleway Drive. The Council tabled the resolution at the last meeting. Van Natta moved to take Resolution 4547 from the table. The motion was seconded. The motion carried unanimously upon vote. Van Natta moved Resolution 4547, a resolution conditionally approving the preliminary plat of Appleway Office Complex, located on the north side of Appleway Drive and more particularly described in Exhibit "A". The motion was seconded by Larson. There was discussion. Van Natta moved an amendment by striking number 4 in Section II and changing number 3 in Section II to read: "The developer shall install a five foot sidewalk on the north side of Appleway Drive adjoining the property boundary with a minimum five foot landscape buffer and file a waiver to protest an SID and a petition to create an SID for the future upgrade of Appleway Drive including curb, gutter, storm drainage and roadway pavement". There was discussion. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon roll call vote. ORDINANCE 1352 - 2ND READING - ORDINANCE ESTABLISHING AN ALCOHOL POLICY ON CITY OWNED PROPERTY This ordinance establishes rules governing the sale and consumption of alcoholic beverages at specified City owned properties, specifically the Hockaday Center for the Arts, the Chamber of Kalispell City Council Minutes April 17, 2000 Page 4 of 7 1597 Commerce building, the City Airport, the Conrad Mansion and the Central School Museum. Haarr moved second reading of Ordinance 1352, an ordinance repealing Ordinance No. 811 §1 and Ordinance No. 813 S1 (53-10.1, 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. Norbert Donahue, 144 Crestline, gave some background history on the issue and told Council members that technically, under this ordinance, anyone having a beer on the golf course, or at the Courtyard Apartments, are committing a crime. He said "this is a bad ordinance that is unnecessary and unenforceable". Haarr withdrew his motion. The second concurred. There was further discussion. Boharski said the golf course should have been listed as an exclusion in the ordinance and Council could direct him to add that language. Frank Garner, Police Chief, stated the intent of the ordinance was to regulate, not prohibit. He said the City is mainly looking for proof of indemnification from any of the properties serving liquor. Neier said a literal reading of the ordinance may prohibit alcohol on properties such as the golf course and Courtyard Apartments, however, he doesn't see any problem with clarifying it and listing those properties as exclusions. Leistiko moved second reading of Ordinance 1352. The motion was seconded by Larson. Leistiko moved to amend the ordinance by adding a section excluding the golf course and the Courtyard Apartments. The motion was seconded by Larson. There was discussion. Neier said he would make the changes and bring it back to the Council for a third reading. The amendment carried unanimously upon vote. There was discussion. Haarr and Van Natta said the Council should see the actual changes prior to making a final vote. Scarff moved to table Ordinance 1352. The motion was seconded by Haarr. The motion to table carried unanimously upon vote. Kalispell City Council Minutes April 17, 2000 Page 5 of 7 1598 RESOLUTION 4549 - RESOLUTION OF INTENTION TO CREATE AN URBAN FORESTRY DISTRICT This resolution sets a public hearing for June 5th on a proposed Urban Forestry District to plant, preserve, and care for public trees in the City. Scarff moved Resolution 4549, a resolution of intention to create Urban Forestry District No. 1 in the City of Kalispell, Montana. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4550 - RESOLUTION AUTHORIZING A LOAN TO THE STREAM CAPITAL PROJECT FUND This resolution advances monies from the UDAG fund to the Stream Capital Project. Larson moved Resolution 4550, a resolution authorizing the Finance Director to advance funds from the UDAG fund to the Stream Capital Project fund in the amount of $500,000.00 for short term financing until grant monies arrive. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4551 - RESOLUTION AUTHORIZING A LOAN TO THE WESTSIDE URBAN RENEWAL DISTRICT FUND This resolution advances monies from the UDAG fund to the Westside Urban Renewal District fund. Scarff moved Resolution 4551, a resolution authorizing the Finance Director to advance funds from the UDAG fund to the Westside Urban Renewal District Fund in the amount of $75,000.00 for the purpose of financing the start up costs for the district, including legal fees and other administrative costs. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1353 - 1ST READING - SALARY ORDINANCE This ordinance adopts the pay schedule of the Police Contract adopted last fall and adjusts the pay ranges in the non -union salary schedule by three percent. Kukulski explained the City overlooked preparing a new ordinance after adoption of the Police Contract and this ordinance will correct the oversight. He said the ordinance does not give anyone a raise, but does address the non -union salary schedule and adjusts the ranges to allow the manager to offer merit raises to management staff who are at the top of their range due to longevity or compression. Kukulski said in the near future, the City should conduct a wage evaluation similar to one the County just completed. Larson moved first reading of Ordinance 1353, an ordinance amending Ordinance No. 1334, fixing the limits of the salary and compensation of the City officials, supervisors, and employees Kalispell City Council Minutes April 17, 2000 Page 6 of 7 1599 pursuant to the 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 Van Natta. There was discussion. Boharski said he doesn't see a reason to raise the lower end of the salary range. He said raising the upper level makes sense, but when you also increase the bottom level, it forces the City to pay more for new hires. Kukulski said he can't see any problem with leaving the lower end of the range as is for right now, but it may cause problems in the future. Amy Robertson, Finance Director, said the intent is to move the ranges in conjunction with the cost of living to make salaries comparable with the public sector. Van Natta said he's in favor of moving the entire range. The motion carried upon roll call vote with Boharski voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski informed the Council that starting next week, budget discussions will begin. He said that includes a proposal for Kalispell and Whitefish to split the cost of an additional person in the Flathead Regional Development office strictly devoted to planning. ADJOURN The meeting was adjourned at 10:35 p.m. ATTEST: Theresa White City Clerk approved May 1, 2000 I WM.F- .Bah r*i Wm. E. Boharski Mayor Kalispell City Council Minutes April 17, 2000 Page 7 of 7