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
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April 17, 2000
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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.
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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.
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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
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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.
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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
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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
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