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05/15/00 City Council Minutes1607 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MAY 15, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBER RANDY KENYON WAS ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda. The motion was seconded by Scarff. There was discussion. Van Natta moved an amendment to the Consent Agenda by adding, as a directive, Item #4 to read: "Council members have until June 5, 2000 to submit comments on the November 23, 1999 Draft Kalispell City -County Growth Policy Plan to the City Manager". The motion was seconded by Leistiko. There was no objection. Leistiko moved to amend the agenda by adding "Committee Selection for City Manager Evaluation" as item D/7. The motion was seconded by Van Natta. There was no objection. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting May 1, 2000 2. Approval of Claims per Payables Register-$128,868.23 3. Proclamation - Law Enforcement Memorial Day 4. Directive - Council members have until June 5, 2000 to submit comments on the November 23, 1999 Draft Kalispell City -County Growth Policy Plan to the City Manager. Scarff moved approval of the Consent Agenda. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Mayre Flowers, Citizens for a Better Flathead, urged the Council to take the leadership with the Growth Policy Plan and use the Planning Board as advisory only. She also asked the Council to prioritize infrastructure needs in the Growth Policy Plan and ways to meet those needs. (When asked, approximately 25 people raised their hands in support of the Council taking the lead) Kalispell City Council Minutes May 15, 2000 Page 1 Anne Biby, Bigfork Attorney, stated she and Citizens are concerned the public isn't always given the opportunity to participate in Council decisions. She said at last Monday's work session, the Council made the decision to send the Growth Policy Plan back to the Planning Board without public comment. Biby said the laws are clear concerning public participation, yet recently an agenda item for a TSEP grant application (Resolution 4556) was added to the agenda right before a Monday meeting without giving the public time to respond. She requested Council packets be available the Wednesday prior to the meeting and asked the Council to require two readings of Resolutions. Biby also proposed Citizen's representatives meet with the Council or the City Attorney as soon as possible to address these issues. Mark Holston, 104 Northern Lights Blvd., said he's concerned with how officials have handled the proposed Growth Plan and was disturbed that County Commissioner candidates attacked the planning staf f recently. He urged the Council to use the professional planning staff to meet the challenges of future planning. Don Bowder, 538 5th Avenue East, said the City needs a stronger, not weaker, growth plan and asked the Council to work with the planning staff and take the leadership role in revising and strengthening the Growth Policy. Ben Long, 920 6th Avenue East, said there are still many shortcomings in the proposed Growth Policy Plan and it's time for the elected officials to take over the process with the help of professional staff. Patricia Johnson, 714 4th Avenue East, agreed and asked the Council to reconsider sending the plan back to the Planning Board. Lex Blood, 844 3rd Avenue East, said the proposed Growth Policy Plan that came from the Planning Board is "an ideological statement for private property rights". He said he's not against private property rights but there's a limit when it overlaps communal rights that involves a livable community. RESOLUTION 4552 - ANNEXATION REQUEST FROM GWENN LEE (LEE IS MERIDIAN BUSINESS PARK) This is a request for annexation of approximately 3.5 acres of property on the west side of Meridian Road at the end of West Center Street. Discussion was postponed at the last meeting pending further information on the bypass proposal. Haarr moved Resolution 4552, 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 Lee's Meridian Business Park Addition No. 294; 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. Kukulski explained in reviewing the bypass plans, it was determined the final design of the highway does not use a West Center Street Kalispell City Council Minutes May 15, 2000 Page 2 1,609 extension, but rather has a exit at the highway's crossing with Highway 2 West and Appleway Drive. The motion carried unanimously upon roll call vote. ORDINANCE 1354 - IST READING - INITIAL ZONING REOUEST_ FROM GWENN LEE (LEE'S MERIDIAN BUSINESS PARK) FOR B-2 GENERAL BUSINESS Gwenn Lee is requesting City B-2 zoning, General Business, which allows a wide variety of general commercial retail and office -type uses. Currently the property is zoned County R-1, single family. Scarf moved first reading of Ordinance 1354, 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 discussion. Haarr commented the proposal constitutes a higher and better use for this property and would like to see more developments of this type. Boharski agreed, adding it's nice to see development occur within the City limits. The motion carried unanimously upon roll call vote. RESOLUTION 4553 - PRELIMINARY PLAT APPROVAL FOR LEE'S MERIDIAN BUSINESS PARK A preliminary plat for a seven -lot commercial subdivision was filed concurrently with the annexation and zoning requests from Gwenn Lee. Larson moved Resolution 4553, a resolution conditionally approving the preliminary plat of Lee's Meridian Business Park, located on the west side of Meridian Road and more particularly described on Exhibit "A". The motion was seconded by Leistiko. There was discussion. Van Natta said he feels a traffic study should be added to the conditions. He said the Planning Staff had a traffic study as one of the conditions originally, but it was removed by the Planning Board. Van Natta moved to amend Resolution 4553 by adding the following language as an additional condition: "A traffic analysis shall be submitted to the Kalispell Public Works Department concurrently with the utility submitted which uses a model based on the most intensive uses of the property which might be allowed under the commercial zoning and that alternatives for mitigation of the potential traffic impacts be identified". The motion was seconded by Atkinson. There was discussion. Kalispell City Council Minutes May 15, 2000 Page 3 1610 Scarff asked why the condition was removed by the Planning Board. Narda Wilson, FRDO, said the planning staff and Planning Board disagreed on this issue and the Board felt the traffic analysis was an unnecessary expense. Kukulski said City staff also recommends that a traffic analysis be conducted. Jim Hansz, Public Works Director, stated because of the Appleway intersection being only a few feet from a railroad crossing, staff would like to know the appropriate configuration for the development. He said the study would also determine if a four-way stop is the best alternative for that area. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon roll call vote. ORDINANCE 1355 - IST READING - ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, KALISPELL, MUNICIPAL CODE In order to conform with State law, it's necessary to recodify Chapter 3, Alcoholic Beverages, regarding licensing and enforcement, and to incorporate changes made over the past few years to various related Ordinances. Van Natta moved first reading of Ordinance 1355, an ordinance amending Chapter 3, Alcoholic Beverages, Kalispell Municipal Code by amending R.O. 1947, §§ 774, 785, 789, 895, 897, 898; and Ordinance No's 676 § 1, 813 § 1, 836 § 1, 840 §§ 2,5, 874 § 1, and 917 § 1, and 3; repealing R.O. 1947, §§ 773, 776 and 781 and Ordinance No.'s 840 §§ 4, 6 and 7; 874 § 2, 917 §§ 2, and 4; authorizing the City Attorney to recodify Chapter 3, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded by Atkinson. There was discussion. Boharski asked if the licenses and applications shouldn't be kept in the Clerk's office instead of the Finance Department. Neier stated fees are collected and therefore it's the Finance Department's responsibility to keep track of those records. The motion carried unanimously upon roll call vote. KALISPELL FACILITY PLAN 2000 CONTRACT AWARD The FY 1999/2000 Budget includes funds for the development of comprehensive facility plans and analyses of the City's water, sewer, storm drainage and wastewater treatment facilities. Staff is recommending the contract be awarded jointly to HDR Engineers and Morrison-Maierle. Van Natta moved the contract for the Kalispell Water, Sewer, and Storm Drainage Systems Facility Plan 2000 be awarded jointly to HDR Engineers and Morrison-Maierle. The motion was seconded by Atkinson. There was discussion. Kalispell City Council Minutes May 15, 2000 Page 4 1611 Haarr questioned why the contract is being awarded jointly to two agencies instead of just one. Terry Richmond, Morrison-Maierle, Inc., said Morrison-Maierle will be handling the entire storm drain and wastewater treatment task with HDR handling the balance. He said with both entities involved, the City will receive a "much better" plan. The motion carried unanimously upon vote. POLICE COMMISSION APPOINTMENT Three applications for appointment were received. Joan Jellison is asking for reappointment with Richard Nelson and Glenn Stoner also requesting the seat. Boharski recommended Joan Jellison be reappointed to the Police Commission. Haarr moved the Council accept the Mayor's recommendation and re- appoint Joan Jellison to the Police Commission. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. COMMITTEE SELECTION FOR CITY MANAGER'S ANNUAL EVALUATION Van Natta moved Don Counsell, Duane Larson and Fred Leistiko be appointed to review the City Manager's performance evaluations submitted by individual Council members and draft a unified response to incorporate all comments and make recommendations to the City Council on June 5th. The motion was seconded by Atkinson. There was discussion. Boharski suggested Larson be appointed Chairman of the committee. There was no objection. Larson asked if the response is to include a recommended salary increase. Atkinson said he understood the recommendations to the Council would include a recommended salary increase. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski informed the Council he attended a State Land Board meeting in Helena this morning and the Land Board approved the Memorandum of Understanding between the City and the State for School Section 36. Kukulski said the City has installed a traffic signal at Rosauers and starting tomorrow the light will be activated. Kukulski asked Council to think about the July 3rd meeting and decide whether they would like to postpone it. Kalispell City Council Minutes May 15, 2000 Page 5 1612 Kukulski reported a series of vandalism at Lawrence Park and Lions Park and stated the Police Department is posting extra patrol in those areas. Kukulski said Andrew Farris has once again requested sewer service and Council needs to make a firm decision as to how it wants to handle extending services to areas outside the City limits. Boharski said Council is waiting for a report from staff recommending how and if the City can properly service that area and whether it's feasible. Kukulski said the staff will develop reports and recommendations and present them at a work session. Larson said Citizens for a Better Flathead expressed concern over the Council's decision, at a work session, to send the Growth Policy back to the Planning Board. He asked Neier if the Council has to abide by that decision. Neier answered the decision at the work session was not formal, and therefore the Council is not bound by it. He suggested the Council pass a Resolution of Intention to Adopt, Revise, or Reject the proposed plan and hold a public hearing. Neier said after the public hearing, then Council can determine its next course of action. Haarr commented that he and Leistiko attended the Municipal Officials Workshop in Billings last Thursday and Friday and was extremely pleased with the agenda. He complimented Clerk White for graduating from the Institute this year and encouraged other Council members to attend future workshops. Boharski expressed frustration with Citizens for a Better Flathead and the constant attacks on the Council. He said the City has an attorney and if Citizens has a legal issue, then members should be talking to Neier. ADJOURNMENT The meeting was adjourned at 9:15 p.m. Attest: Theresa White City Clerk approved June 5, 2000 WM.F--bahars i ft Wm E. Boharski Mayor 1 Kalispell City Council Minutes May 15, 2000 Page 6