11/06/00 City Council Minutes1702
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, NOVEMBER 6, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, 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.
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
Scarf. f .
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting October 16, 2000
2. Approval of Claims per Payables Register - $389,983.62
3. Pledged Securities as of September 30, 2000
Van Natta moved approval of the Consent Agenda. The motion was
seconded by Counsell.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Joe Unterreiner, Kalispell Chamber of Commerce, informed Council
members the Chamber has just completed its annual survey and the
five top issues listed were: 1) Planning, Zoning and Growth
Management; 2) Highway and Air Transportation; 3) Tax Reduction;
4) Labor Supply; and 5) Health Care Costs. He says the Chamber will
use the survey to help with its Business Plan and Budget for 2001.
(copy of survey attached)
RESOLUTION 4591 - BUFFALO STAGE PHASE V ANNEXATION
Buffalo Chip Partners has requested annexation of approximately
eleven and one half acres known as Buffalo Stage Phase V located on
the west side of whitefish Stage Road and south of Granrud Lane.
This is the last phase of the Buffalo Stage Development and
contains 36 lots.
Leistiko moved Resolution 4591, 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 V
Addition No. 300: 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.
Leistiko said in one phase of this development, the covenants were
not filed when it was completed. He asked if there's a way to
guarantee that the covenants are filed.
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Narda Wilson, FRDO, said the developer is responsible for filing
the covenants. She said the City, the majority of the time, doesn't
get involved with covenants and has no way to enforce them.
The motion carried unanimously upon roll call vote.
ORDINANCE 1369 - INITIAL ZONING FOR BUFFALO STAGE PHASE V - 1ST
READING
Buffalo Chip Partners is requesting an initial zoning designation
of RA-1, Low Density Residential Apartment, upon annexation into
the City.
Van Natta moved first reading of Ordinance 1369, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property known as Buffalo Stage Phase V (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 Scarff.
There was discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4592 - DENNIS CARVER ANNEXATION REQUEST
Dennis Carver is requesting annexation of approximately one acre of
land located on the north side of Kelly Road and east of Highway 93
where he plans to build a shop and office.
Haarr moved Resolution 4592, 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 Am, to be known as Carver Addition No. 301;
to zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was
seconded by Larson.
There was discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1370 - INITIAL ZONING FOR CARVER ANNEXATION - 1ST READING
Dennis Carver is requesting an initial zoning designation of I-1,
Light Industrial, upon annexation into the City.
Haarr moved first reading of Ordinance 1370, 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 1-1, Light
Industrial) to City I-1, (Light Industrial), in accordance with the
City -County Master Plan, and to provide an effective date. The
motion was seconded by Scarff.
There was discussion.
Boharski commented the movement south along Highway 93 shows the
need for utilities to Four Corners.
The motion carried unanimously upon roll call vote.
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RESOLUTION 4593 - FRANK DIVITA ANNEXATION REQUEST
Frank DiVita is requesting annexation of approximately 9,000 square
feet of land located on the northeast corner of Woodland Park Drive
and Shady Glen Drive where he plans to build an artist's studio.
Atkinson moved Resolution 4593, 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 Lot 8, Block 1, Phillips
Addition No. 302; to zone said property in accordance with the
Kalispell Zoning Ordinance, and to declare an effective date. The
motion was seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1371 - INITIAL ZONING FOR DIVITA ANNEXATION - 1ST READING
Frank DiVita is requesting an initial zoning designation of B-1,
Neighborhood Buffer District, upon annexation into the City.
Larson moved first reading of Ordinance 1371, 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 B-1,
Neighborhood/Professional Business) to City B-1 (Neighborhood
Buffer District), in accordance with the City -County Master Plan,
and to provide an effective date. The motion was seconded by
Scarff.
There was discussion.
Kukulski mentioned that all three of these annexations are along
County roads which the County has asked the City to take over.
Boharski asked if there's been any discussion with the
Commissioners concerning funding to help upgrade these roads to
City standards.
Kukulski said the County Road Superintendent has indicated the
County is willing to make an investment in those roads if the City
agrees to take them over, but nothing has been discussed yet with
the Commissioners.
The motion carried unanimously upon roll call vote.
ORDINANCE 1372 - DIEBERT ZONE CHANGE - 1ST READING
Dana and Krista Diebert are requesting a zone change for
approximately a third of an acre located on the west side of North
Meridian Road from R-3 to R-5 for the purpose of converting an
existing residence into office space.
Scarff moved first reading of Ordinance 1372, 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 as Lot 4, Block 1, Adams Addition (previously zoned City
R-3, Residential) to R-5 (Residential/Professional Office), in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded by Larson.
There was no discussion.
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The motion carried unanimously upon roll call vote.
FINAL PLAT APPROVAL - VILLAGE PLAZA
Village Plaza is a five -lot commercial subdivision located on the
northeast corner of Whitefish Stage Road and Evergreen Drive and
contains approximately 6.83 acres.
Haarr moved approval of the Final Plat for Village Plaza
Subdivision. The motion was seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
RESOLUTION 4594 - 4-WAY STOP SIGNS AT 1ST AVENUE EAST AND 11TH
STREET EAST
A traffic study performed in September indicated 4-way stop signs
are warranted at this intersection.
Scarff moved Resolution 4594, a resolution approving the placement
of a stop sign in the north and south bound lanes on 1st Avenue
East at its intersection with 11th Street and declaring an
effective date. The motion was seconded by Van Natta.
There was discussion.
Kukulski apologized for the signs being erected prior to approval.
He said the plan was to place bags over the signs until tomorrow
morning, however, one was removed by the public this past weekend.
Tom Sands, 1313 Austin Crossroad, Columbia Falls, commented in the
fifteen years he's been here, he has never seen an accident at this
intersection and feels a four-way stop will cause bigger problems.
Kukulski said the accident criteria isn't what warranted the signs,
it was the traffic counts.
The motion carried unanimously upon roll call vote.
RESOLUTION 4595 - CLOSE OUT OF 3010 GENERAL OBLIGATION BOND FUND
This resolution gives the Finance Director authority to close out
the 3010 General Obligation Bond Fund which is now inactive
following the final payoff for Bruckhauser Pool.
Scarff moved Resolution 4595, a resolution authorizing the Finance
Director to close out the inactive debt service fund - 3010 General
Obligation Bond Fund. The motion was seconded by Van Natta.
There was discussion.
The motion carried unanimously upon roll call vote.
ARCHITECTURAL REVIEW COMMITTEE APPOINTMENT
Three letters of interest were received for a vacancy on the
Architectural Review Committee. Sharon Jackola, John Peterson and
Wayne Powell have requested the appointment.
Boharski recommended the Council appoint Sharon Jackola to the
Architectural Review Committee. He explained the same
recommendation failed on a tie vote at the last meeting and he
assumed, because there was no discussion, that it failed because
some members had a concern as to whether she is qualified to fill
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the position. Boharski said he has invited Sharon to provide some
personal background and answer any questions Council members may
have.
Sharon Jackola said she has been interested in this committee for
quite some time. She said she's been a member of the Leadership
Flathead Program and feels this board is an extension of that.
Jackola said she has lived in Montana for twenty years, graduating
from Bigfork and then from the Bozeman architectural school. She
said she would very much like to serve on the board and hopes the
Council appoints her.
Counsell moved the Council approve the Mayor's recommendation to
appoint Sharon Jackola to the Architectural Review Board. The
motion was seconded by Haarr.
There was discussion.
Kenyon said Boharski recently abstained from voting on a proposed
subdivision at Bth and 12th Streets because he was involved with
Jackola Engineering. He asked Boharski if that "possible" conflict
of interest doesn't carry over to this appointment.
Boharski said he doesn't see a conflict because the Architectural
Review Committee is not directly tied to the Council.
Neier agreed, stating the committee is a volunteer board and
there's no real potential for a conflict.
Van Natta said if the problem is with the selection process, then
the Council needs to look at that and shouldn't be holding Mrs.
Jackola captive over it.
Atkinson said he feels the Council has been held captive by the
process. He said when the City Manager form of government was
created, the idea behind the Mayoral position was more of a
community supporter and shouldn't have any more power than the rest
of the Council. Atkinson said he understands the law gives the
Mayor the power to make recommendations to boards, but feels
Council members should be able to make their own recommendation if
the Mayor's fails. He recommended the Council discuss Ordinance
1166 as soon as possible and change the process. Atkinson said he
will vote against Jackola's appointment, not because of her
qualifications, but because of a possible conflict of interest and
how the recommendation was made.
Larson stated he has no question about Jackola's qualifications,
but agreed there could be a perception of a conflict of interest.
He added, however, that after speaking with Jackola on the phone,
she convinced him she can be objective and he will vote in favor of
the motion.
Counsell said he's acquainted with all of the applicants and
believes Jackola would be the best choice. He said regardless of
the comments, if he was making the recommendation, he would have
also picked Sharon.
Haarr stated he feels Atkinson wants to run the appointments like
a committee and if he wants to change the ordinance, then he needs
to sit down with the City Attorney, develop a new one, and let the
people vote on it. He said the ordinance states that it's the
Mayor's responsibility to make the recommendations and he doesn't
understand what the problem is with this appointment.
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Leistiko said he thinks Haarr missed Atkinson' s point. He said when
the Mayor makes a recommendation,. the Council has to agree or
nobody gets appointed. He said he agrees the process is flawed, but
now that Jackola has appeared before the Council, he will vote in
favor of the appointment.
The motion carried upon vote with Atkinson and Kenyon voting
against.
MAYOR/COUNCIL/CITY MANAGER'S REPORT
Kukulski referred to a recent problem the City had with eight water
lines breaking at once, and thanked several Public Works' employees
for working throughout the night to correct the problem.
Van Natta said the committee to review the fairgrounds proposals
recommended that they all be rejected, and the Commissioners
formally voted this morning to reject the proposals and keep the
Fairgrounds in its present location. He said the Commissioners also
directed the Fair Board to work on renovation proposals.
Van Natta also commented that one or two of the Commissioners
indicated they are not willing to grant thirty feet of right-of-way
for the Meridian Road project.
Kukulski said hopefully a reasonable compromise can be made because
there's a safety issue at stake with the pedestrian walkway. He
stated he's disappointed in their attitude because this project has
been planned for several years with the County being involved from
the very beginning.
ADJOURN
The meeting was adjourned at 8:32 p.m.
ATTEST:
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Theresa White
City Clerk
Approved November 20, 2000
V
Wm. E. Boharski
Mayor
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November 6, 2000
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