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)
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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
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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.
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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.
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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.
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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
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