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12/18/00 City Council Minutes1715 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 18, 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 with the deletion of Agenda Item number D/l, Firefighter/Paramedic Confirmation. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting December 4, 2000 2. Approval of Claims per Payables Register - $420,644.54 3. Award Bid - All Season Asphalt Patch Machine one bid was received for an asphalt patching machine. Staff recommended Council award the bid to Process Heating of Seattle in the amount of $33,792.00. 4. Award Bid - 16' Digging Depth Class Backhoe Two bids were received for a replacement backhoe, one from Long Machinery in the amount of $56,255.00 and one from Triple W Equipment for $58,900.00. Staff recommended the bid from Long Machinery be accepted. Scarff moved approval of the Consent Agenda. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC None FIREFIGHTER PARAMEDIC CONFIRMATION REMOVED This item will be placed on the agenda for January 8, 2001. NOTICE OF SALE - PLAZA WEST PARKING LOT Staff is asking for Council approval to sell the Plaza West Parking Lot located on 2nd Avenue West between 1st Street West and 2nd Street. West. Haarr moved the Notice of Sale for the Plaza West Parking Lot. The motion was seconded by Larson. There was discussion. Scarff asked how many parking spaces the City will be losing once the parking lot is sold. Kalispell City Council Minutes December 1B, 2000 Page 1 of 9 1716 Kukulski answered about 50 spaces, however the requirements of the sale include replacing the spaces. Bill Goodman, downtown businessman and Parking Commission member, said he hopes any monies received from the sale is placed in a pool for downtown parking, ideally for a multi -level parking garage. The motion carried unanimously upon vote. ORDINANCE 1374 - CITY OF KALISPELL ZONING TEXT AMENDMENT REQUEST - 2ND READING The Community Development Department has requested a change in the parking requirements in Special Parking Maintenance District No. 2. Ordinance 1374 passed on first reading December 4th. Scarff moved second reading of Ordinance 1374, an ordinance amending Section 27.26.040(11) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending "Off Street Parking Within Special Maintenance District No. 2" to not require more parking than would otherwise be required under the zoning, and declaring an effective date. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1375 - NORTHWEST HEALTHCARE ZONING TEXT AMENDMENT REQUEST - 2ND READING Northwest Healthcare is requesting a change in the maximum building height limits for hospital use only in. the H-1, Health Care, zoning district from 35 to 60 feet. Ordinance 1375 passed on first reading December 4th. Larson moved second reading of Ordinance 1375, an ordinance amending Section 27.12.040 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending Health Care District Property Development Standards to allow the maximum height limit to 60 feet, and declaring an effective date. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1376 - REPEALING CITY LICENSING FOR PLUMBING CONTRACTORS - 2ND READING Plumbers are regulated by the State and staff feels City regulations unnecessarily duplicate State requirements. ordinance 1376 passed on first reading December 4th. Van Natta moved second reading of Ordinance 1376, an ordinance amending Chapter 21, Plumbing, Steam Fitting and Heating Systems, Kalispell Municipal Code, by amending Ordinance 1104, repealing 921-2 B (License Required; Fee); authorizing the City Attorney to codify this ordinance, and declaring an effective date. The motion was seconded by Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes December 18, 2000 Page 2 of 5 1717 ORDINANCE 1377 - REPEALING CITY ELECTRICAL LICENSES - 2ND READING Electricians are also regulated by the State and staff feels City licensing is a duplication of State requirements. Ordinance 1377 passed on first reading December 4th. Scarff moved second reading of Ordinance 1377, an ordinance amending Chapter 7, Electricity, Kalispell Municipal Code; by repealing 5 7-1 (License to Engage in Business and Bond Required; Exception), authorizing the City Attorney to codify this ordinance and declaring an effective date. Atkinson. The motion was seconded by There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1378 - INITIAL ZONING FOR GLACIER VILLAGE GREENS AREA - 1ST READING The Planning Board is recommending that the Council zone the Glacier Village Greens area R-4, Two Family Residential, and RA-3, Residential Apartment Office. The zoning designation would take effect at the same time as the annexation which is November 1, 2001. Atkinson moved Ordinance 1378, 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", attached hereto and thereby made a part hereof, (previously zoned County R-5, Two Family Residential), City R-4, Residential, and certain real property described in Exhibit "B", attached hereto and thereby made a part hereof, (previously zoned County R-5, Two Family Residential), City RA-3, Residential Apartment Office, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Larson. Narda Wilson, FRDO, explained the Planning Board held a public hearing on the zoning with a final recommendation of R-4 and RA-3. She said George Schultz, the owner of the property at the northeast corner of West Evergreen Drive and Whitefish Stage, requested that B-1 zoning be continued along Whitefish Stage in order to allow him some uses that are not allowed in the RA-3 zone, but because the property is currently a single parcel, there was no way to separate that B-1 area. She said Schultz was satisfied that prior to the effective date of November 1, 2001, he could present a development proposal and request a different zoning assignment. There was discussion. Haarr commented he will support the motion, but it still doesn't make the annexation right. The motion carried unanimously upon roll call vote. CITY -COUNTY PLANNING BOARD APPOINTMENTS Two appointments to the Planning Board are made each year. According to State law, one appointment is made by the Mayor, with the other made by the Council. Seven applications have been received for the seats currently being held by Jean Johnson and Don Mann. Mann is requesting reappointment. The other applicants are Donna Barker -Thornton, Richard DeJana, Pamela Kennedy, John Parsons, Robert Vine and Sara Jane Willis. Kalispell City Council Minutes December 18, 2000 Page 3 of 5 1718 Leistiko said the City has four appointments to the Planning Board, two that are made by the Mayor and two that are made by the Council. He asked if the placements made by the Mayor this past January constituted his two appointments and if these two appointments should come from the Council. Neier said the two appointments made in January were recommended by the Mayor and consented to by the Council. He suggests from now on, the Council follow the statute precisely with one appointment being made by the Mayor and one by the Council. Wilson agreed, stating the openings before the members this evening are for a Mayoral appointment and a Council appointment. Leistiko moved the Council appoint Council member Ron Van Natta to the City -County Planning Board. The motion was seconded by Larson. There was discussion. Boharski commented that as a generality, he doesn't feel it's a good idea to have any Council member serving on a Board that advises the City Council for two reasons. First, some members may be swayed just because a Council member is on the Board; and secondly, there has been some consternation in the past that when a Council member was on the Board, sometimes things weren't always coming back to the Council in a neutral way. He said he isn't saying Van Natta would do that, but he still doesn't feel it's a good idea to have a Council member on the Planning Board. Van Natta stated he feels he can be objective and provide some experience to the Planning Board and he hopes, if placed on the Board, he can prove Boharski's concerns wrong. Haarr said he feels having a Council member on the Board can be valuable. He said feedback can be provided at work sessions to hep the Council in planning decisions. Haarr said maybe that hasn't been the case in the past, but he feels Van Natta can do a good job representing the Council. Larson disagreed with Boharski's and Haarr's comments concerning past Council members on the Planning Board. He said he felt the Council did get good feedback with information being presented in a fair and objective manner. Larson said the Council has had a member on the Planning Board for years and it's always worked out. Leistiko said he would not have agreed to Van Natta's appointment if he didn't have "full faith and confidence" that he would do a good job. Scarff asked how the Planning Board will be affected if the Flathead Regional Development Office is disbanded. Neier stated in his opinion, the Planning Board would remain the same. The motion carried upon vote with Boharski voting against and Van Natta abstaining. Boharski stated he received a phone call from Jean Johnson, outgoing Chairman of the Planning Board, who suggested Don Mann be reappointed. He said after visiting with Johnson, he has decided to appoint Mann for another two-year term. 1 I 1 Kalispell City Council Minutes December 18, 2000 Page 4 of 5 Atkinson said Mann was not discussed prior to this meeting and that actually, a different appointment was mentioned by the Mayor. He said he feels this is another "major step backwards" with the Council not being informed prior to a Council meeting. Boharski answered he spoke with Johnson after the Council packet was delivered and he didn't have time to update the memo prior to the meeting. He said he will certainly try to keep the Council informed in the future. Larson commented he's disappointed with the appointment because he feels there's a solid block of members on the Planning Board who all think the same way and he thought "two new thinkers" would be a good thing. MAYOR/COUNCIL/CITY MANAGER'S REPORT Kukulski reminded everyone that the regular meetings in January will be held the 8th and 22nd with work sessions scheduled for January 11th and 18th. He suggested an additional work session be scheduled to work on legislative issues. Larson suggested the Council wait to discuss the legislative issues until the position paper is received from the Montana League of Cities and Towns. Larson complimented members of Youth Leadership Flathead who met with Council members last Friday and said it's rewarding to see teenagers get involved in the government. Haarr recognized the passing of Ambrose Measure at the age of 92. He stated Measure started practicing law in the Flathead in 1935, later becoming a County Attorney and State legislator. He said Measure was instrumental is helping get the first ski lifts on the Big Mountain and was one of the founders of the "Over the Hill Gang". Haarr stated Measure was a pillar of a man and will be sorely missed. ADJOURN The meeting was adjourned at 8:25 p.m. ATTEST: i Theresa White City Clerk Approved January 8, 2001 MT lkrs i Wm. E. Boharski Mayor Kalispell City Council Minutes December 18, 2000 Page 5 of 5