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11/16/98 City Council Minutes1362 1362 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 16, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order. AGENDA APPROVAL Haarr moved approval of the agenda as presented. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting November 2, 1998 B. Approval of Claims per Payables Register-$264,782.24 Nystul moved approval of the Consent Agenda as presented. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Bill Goodman, 200 1st Avenue East, stated the City will not increase parking downtown by buying additional parking lots. He said the City needs to increase the density downtown with more buildings, not more parking lots. PUBLIC HEARING -ANNEXATION OF STATE SHOP ADDITION NO, 286-CANCELED The Public Hearing set at this time has been canceled subject to notice and hearing at a later date. RESOLUTION 4434 - APPROVAL TO SELL FIVE LOTS IN TETON TERRACE Neier explained that on Friday, November 13th, Susan Moyer of PECDD received proposals on the sale of five lots in the Teton Terrace Subdivision. He said the sale of the lots is part of a continuing effort of the City to develop housing opportunities for low to moderate income people. Susan Moyer, PECDD, said the winning contractor was Hewitt Construction, the same contractor currently building a tri-plex unit in Teton Terrace. She added since the lots have been opened up to Realtors it's been going extremely well and approval to sell an additional five lots should be coming before the Council soon. Atkinson moved Resolution 4434, a resolution authorizing the Acting City Manager, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 12, 13, 14, 15 and 16, Teton Terrace, a subdivision of Porta Villa #2, Records of Flathead County, located in the NEIA, of Section 12, T28 N, R22W, P.M.M. Flathead County, Montana to Hewitt Construction. The motion was seconded by Scarff. There was discussion. Boharski asked Moyer how many lots would be left after these five, and the additional five she spoke of, are sold. Moyer answered there will only be nine left. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. 1363 1 1363 RESOLUTION 44- VALLEY RANK PARKING LOT PURCHASE Neier stated the City has bought and sold the Lots at the northwest corner of Main and 3rd Street at least twice in the last ten years. He said in 1994, the City sold the Lots to Valley Bank, which planned on building a bank at the site. Neier said the bank has not been constructed and the Parking Commission has requested the City repurchase the property for use as a parking lot. He added the money received from Valley Bank in 1994 was deposited in the Tax Increment Fund and that's where the one hundred and sixty thousand dollars will come from to repurchase the lot. Scarff moved Resolution 4435, a resolution relating to the acquisition of Lots 8, 9, 10, 11, 12, Block 55, Kalispell Original, identifying the interest to be acquired and providing a basis upon which to base the purchase price. The motion was seconded by Nystul. There was discussion. Donahue commented he's been pushing for this for the last few years and the lot, as far as he knows, will be remain strictly for parking. Atkinson stated he agrees with Bill Goodman that the downtown needs some density, however he feels it's important to have a good balance and the purchase of this lot will help the City assist businesses in finding parking for their customers. Boharski commented he agrees with Donahue, but he won't close the door to selling the property down the road for a nice project. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. TPT PROPERTY PURCHASE Neier explained the Parking Commission has also requested the City purchase Lots 7, 8 and the North 20 feet of Block 76, Kalispell Original, for the sum of $280,000. He said the purchase price is based on an appraisal conducted for the owner of the property. Neier stated at this time, the City should not proceed with purchasing the property until the City can have an independent analysis of the appraisal. Graves recommended the Manager acquire an independent appraisal. Council concurred. A i HORTTY TO BTD - FIRE F.N ,TN . Neier said during a workshop on November 91h, the consensus of the Council was to authorize the call for bids for a new fire engine. He said a motion authorizing the Fire Chief to advertise for bids will start the process, even though the City will probably not see the delivery of the fire truck for a year to a year and a half. Van Natta moved the Council Kalispell Fire. Chief to call motion was seconded by Graves. There was discussion. authorize the City Manager and the for bids for a new fire engine. The Haarr said he doesn't disagree that the City needs a new fire engine, however he'd like to see a plan defining the boundaries of Kalispell to determine exactly what the City will need in the future. Atkinson agreed with Haarr and added there have been several committees that have been working on a new Master Plan and he encouraged everyone to attend the public hearings to help design the boundaries of Kalispell. Donahue stressed the importance of an equipment replacement plan for the City. He pointed out the last fire engine was purchased twelve 1364 1364 years ago and if the Fire Department had set aside twenty five thousand dollars a year at that time, the City wouldn't have to borrow any money to purchase a new engine. Boharski commented he will support the motion, but he added he's still not convinced that purchasing a fire engine is the best way to invest in the Fire Department. He said the most important thing right now is for the City to lower the fire rating which in turn will entice people to Kalispell. The motion carried unanimously upon vote. DEED RESTRICTIONS - FLATHEAD INDUSTRIES 5T11 AVENUE WEST APARTMENTS Recently the City Council authorized the Manager to release deed restrictions on certain real property owned by Flathead Industries. Neier explained releasing the deed restrictions will facilitate the sale of the property in order to finance new buildings on 5tn Avenue Vest. He said Flathead Industries has proposed that the deed restrictions placed on the new property have a termination date of 2008, which would mean that at some point Flathead Industries owns the property without City control. Moyer disagreed with Flathead Industries' proposal, stating the City paid approximately $120,000.00 for the original three pieces of property and then spent an additional $125,000.00 to rehabilitate the units. She said because of the City's involvement, that property is a valuable asset to sell today. Moyer said the new deed restrictions should be at least for twenty years to ensure that the new units remain available to Flathead Industries' low income and disabled clients. Donahue agreed and added that he'd also like a condition that states if the property is ever sold, the City would be reimbursed $125,000.00. Nystul commented the original deed restrictions had no expiration date and the intent of the proposal is to eliminate any confusion in the future. He suggested Flathead Industries be informed of the various opinions and asked for input prior to any decision being made. Neier agreed to write a letter to Flathead Industries explaining the situation. Van Natta stated he's uncomfortable with Donahue's idea of Flathead Industries having to reimburse the City $125,000.00, especially since the funds came directly from grants. AIRPORT ENCROACHMENT - SWARTZENBERGER Neier explained that R & J wrecking occupies approximately five acres of land near the airport that is owned by the City. He said the occupation is without license or permission and has continued for about twenty years. Neier said Councilor Nystul has requested that a letter be written directing them to vacate the property. Nystul moved that the City Manager write a letter to R &'J Wrecking. The motion was seconded by Scarff. - There was discussion. Atkinson asked if this is coming up now becauseof -the City's expansion plans for the airport. Neier said the encroachment probably won't impinge on airport operations, it's simply a matter that they have been occupying City property for a long period of time without license He said R & J has approximately one hundred "wrecks on that property and it won't be any easy matter moving them off." Atkinson commented he will support the motion because the process will be long and drawn out and he hopes the problem can be solved in anagreeable way. 1365 1 1365 Nystul clarified the intent of the motion is to get discussions underway before anoth r twenty years passes. He said if they want a lease then a writ en document should be done with terms and conditions. Donahue said it shouldn't be a big problem to move the wrecks to the landfill where a machi a comes in twice a year and hauls them away. -The motion carried unanimously upon vote. Scarff asked that additional background information on Flathead Industries be compiled for the Council. Nystul commented the P' blic Works Department has a "good handle" on the leaf removal and if the snow holds off for a while the City should be in good sha e. Boharski complimented Finance Director Amy Robertson on setting aside money every yea for a new computer server. Haarr passed out copies of a newspaper editorial concerning uncontrolled intersections and suggested the Council spend some money on informational programs which would inform citizens of driving laws. Police Chief Frank Garner said his department is working with the television station right now to set up a weekly program for just that purpose. Haarr asked that the information also be placed in the newspaper. Donahue criticized an ditorial in the Daily Inter Lake that stated "Shut Up and Deal With the Tax Initiative." He said first of all the paper shouldn't be using the vernacular "shut up," and secondly the author needs to look closer at how CI-75 will impact the City, the County and the State. Donahue stated the initiative is an "affront to representative government and without representative government we're back to feudalism." ADJOURN The meeting was adjourned at 8:15 p.m. Wm.E -Bahvski . Wm. E. Boharski, Mayor ATTEST: Theresa White Clerk of Council approved December 7, 1998 1366 1366 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 7, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. COUNCIL MEMBER GARY NYSTUL 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 Scarff. Atkinson moved an amendment to the Consent Agenda by adding Council approval for Jim and Kay Thomas to set up the Nativity scene in Depot Park. The motion was seconded by Van Natta. There was no discussion. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon vote. A. Council Minutes -Regular Meeting November 16, 1998 B. Approval of Claims per Payables Register-$290,344.81 C. Approval for Nativity scene in Depot Park. Atkinson 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 Neil Brown, 560 Wolf Creek Dr., Bigfork, expressed concern about Resolution 4436, a resolution of intent to amend the Master Plan. Br&;ii- asked the Council to closely review the Planning Board minutes beF(3i'making a final decision. He said there are many issues to be considered. BA'�arski-explained a public hearing on the issue will be held at the jahiary 4" Council meeting. RESOLUTION 4436 - RESOLUTION OF INTENTION TO AMEND MASTER PLAN Boharski explained that William Lincoln, the owner of property located adjacent to Conrad Drive, has made an application to the land use designation from "open space," Suburban Residential and Transitional, to Resort Commercial. He stated the Council is simply setting a date for a public hearing and is not making a decision on the --proposal this evening. Haarr moved Resolution 4436, a resolution of intention_,ito adopt, revise oor reject an amendment tthe Kalispell City -County Master Plan. The motion was seconded by Graves. There was discussion. Atkinson said he has always wondered what would happen if the Council voted against a resolution of intent and asked Neier to explain.' Neier answered a resolution of intent is a required step to amend a_._Mas_te-r _Plan and merely announces a time and place for a public hearing and is ministerial in nature. Thi motion carried upon roll call vote with Atkinsof, Donahue, Gx ves7, Haarr, Larson, Scarff, Van Natta and Boharski voting- in f aor _ 1367 1367 RESOLUTION 4417 - RE -AWARDING OF BID - LOTS 12 & 1 - TRrrON TgggAcg Neier explained that in November, the Council authorized the sale of the property to Hewitt Construction, which later was deemed to be unable to properly complete construction. He said Pacific Homes and Land, Inc. has submitted bids on Lots 12 and 13, and Timberland Construction submitted bids and agreed to complete construction on Lots 14, 15 and 16. Graves moved Resolution 4437, a resolution authorizing the Acting City Manager, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 12 and 13, Teton Terrace, records of Flathead County, located in the NEIA, of Section 12, T28N, R22W, P.M.M., Flathead County, Montana to Pacific Homes and Land, Inc. The motion was seconded by Scarff. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in f avor. . RESOLUTION 4439 - RE-AWA_RnING OF BID - LOTS 14, 1S & 16 - TETON TERRACE Atkinson moved Resolution 4438, a resolution authorizing the Acting City Manager, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 14, 15 and 16, Teton Terrace, records of Flathead County, located in the NEIA, of Section 12, T28N, R22W, P.M.M., Flathead County, Montana to Timberland Construction. The motion was seconded by Larson. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in f avor. . AUtHORIT`r TO BID - TWO LOTS IN SOUTH WOODLAND & TWO TOTS IN TETON TERRACE Boharski said Susan Moyer of PECDD needs Council approval to market two.' more lots in Teton Terrace and South Woodland. 'He said once these lots are sold, there will be 12 loti r6maining in Teton Terrace and 13 lots in South Woodland. S'cg4ff moved the Council authorize Moyer to advertise for sale two lots in Teton Terrace and two lots in South Woodland. The motion was seconded by Atkinson. There was no discussion. Tate^motion carried unanimously upon vote. .ONIN � T .XT AMENDM NT - BOB COOK aR�TNANC 6 Bob,Cook has requested Section 27.22.020 (3)(a) of the Kalispell Zoning Ordinance be changed to allow the location of residential garages in the front yard when the lot does not abut an a11ey..' The Kalispell City -County Planning Board_ and _�Zvning _Commission considered the request on November 1oIh - - and has r2commende_ .ado p tzon of,the amendment. Larson moved the first reading of Ordinance 1296, an ordinance amending Section 27.22.030(3)(a) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by allowing residential. garages to be located in front -yards on lots that do not- abut an alley.; -and - declaring- an affective date. The motion was seconded by Haarr. There was discussion. Ab it`s: PPordinance-stating-the-- - allows �m opposed the current. ordinance all_ foV_gafages in the front yard as long as they are attached. He said by:ailwing unattached garages in front, the City_'is putting -too much'emphasis on vehicles and _too little emphasis onourneighbors aiid green spaces. 1368 1368 Donahue said he agrees with Atkinson in some respects, but he also sees the dilemma for people who don't have an alley. He said he doesn't feel the change will cause that much trouble. Atkinson reiterated the City already has an ordinance that allows garages in the front yard, but they have to be attached. Haarr said in many cases an attached garage or carport is not feasible. He said right now anyone who wants to build a detached structure has to go before the Board of Adjustment for a variance which costs approximately one hundred and eighty five dollars. Haarr said he thinks the citizens should be accommodated. The motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson voting against. CONDITIONAL USE PERMIT - NORTHWEST HEALTH CARE - TEMPORARY OFFICE BUITMIN Northwest Health Care has requested a CUP to build a temporary Home Options facility to replace the current building which does not meet Building or Fire Codes. The modular building will be custom built as a medical office facility and the Kalispell City -County Planning Board and Zoning Commission has recommended the CUP be granted. Donahue moved the Conditional Use Permit be granted to Northwest Health Care. The motion was seconded by Haarr. There was discussion. Donahue moved an amendment to the CUP by deleting condition number two which states "the building, parking and sign shall comply with the Kalispell Zoning ordinance." The motion was seconded by Haarr. There was discussion. Donahue stated he feels the Council should get "out of the habit of telling people they have to obey the law." .Larson asked if there are any special codes for temporary buildings. Steve Kountz, FRDO, stated the Uniform Building Code does require that the structure is hooked to sewer and water and is on a foundation. The amendment carried unanimously upon vote. Donahue. moved a second amendment to the CUP by requiring ntion be made to the Kalispell Zoning Enforcement officer iis'a'd of the Flathead Region_ al Development Off ice when the biilainq;has been removed. The motion was seconded by -Larson. There` was discussion. Atkinson asked Kountz if there's a reason for the notification to be made to _FRDO . _ Kountz answered there's really no reason the Zoning Officer couldn't handle it. T$4 amendment carried unanimously upon vote The iia-1. •-motion as amended carried{- unanimously upor� vote: 1314T614 CONTRACT APPROVAL - FIREFIGHTERS ASSOCIATION Neier explained Local 547 has. notified his office that its membership - ._ voted to ratify the ia�t-est- agreement proposal'. -He'said there were several changes in the contract with the most significant being an increase in the base pay of_1.75% the first year,-1.35% the. second year and 1.75% the third -year. In addition, Neer said there was an increase in the insurance should it reach the cap and -an increase in certification pay. He said overall, the cost'to theCity will be an additional twenty two to twenty five thousan&`dollars'per year -over the next three years. - 1369 1369 Larson moved ratification of the agreement between the City of Kalispell and the Firefighters Union. The motion was seconded by Van Natta. Haarr commented the Firefighters have negotiated in good faith and the City appreciates it. Haarr asked Neier if the agreement falls within the budgeted amount. Neier answered the City will be able to meet the perimeters set out in the contract. Donahue said with the new agreement, the median salary for a firefighter is $35,527.00, which doesn't include insurance or ambulance pay. He said the budget will take care of the increase this year, but next year, with CI-75, something else will have to be cut to pay for those increases. Scarff asked whether a clause should be added as to CI-75 in order to protect the City. Neier stated it's going to be difficult in the future to fund salary increases, but he's reasonably sure at this point of time that the City can fund those raises over the next three years. He said CI-75 may have the effect in the future as to how collective bargaining agreements are written. Neier said they may have to be done one year at a time, but at this point the City should be able to meet the limits in the contract. Larson said he appreciates the positive comments members have made on behalf of the Firefighters Association and thanked the Council for its consideration. The motion carried unanimously upon vote. rON T MATTON - PnT.TrR QVFTrRR ANTHONY MCDONNELL Patrolman Anthony McDonnell recently completed his one year probationary period and Police Chief Frank Garner is recommending confirmation of the appointment which is required by State law and City policy. Scarf moved the confirmation of Officer Anthony McDonnell. The motion was seconded by Larson. Haarr commented he would like to postpone the confirmation due -to the present negotiations with the Police Department and the fact -'the City has suffered a loss of revenue with the Police slow down. He said the timing on this action isn't good, even _though the postponement would be no reflection on Officer McDonnell and -his performance. Larson disagreed, stating the officers take the probationary period very seriously and at the end of that time they expect to -be confirmed if they have performed in a satisfactory manner' He said the Council has no idea what Officer McDonnell's view is of the slow ddwn=-and the confirmation has nothing to do with it.. Larson added Yt�-viould be unfair to single him out. Van__ Natta- commented if the Council feels action is warranted, then it should -be taken against the entire department, and n0- te7ust one individual. Donahue said he doesn't want to reject the confirmation, but suggested it might be wise to table the matter for sixty to ninety days to see what happens with the negotiations. Boharski said he also had concerns about the confirmation but clarified -McDonnell is not being added to the Police Iorce he's already a -member. He said he feels --the Council should move forward with the -confirmation and deal with the negotiations and budgetary concerns separately. Atkinson stated the Council needs to find a new way to negotiate and he doesn't think an adversarial approach is the way to go. 1370 1370 Scarff said the officer has done his job for the past year and Council members should now do theirs by approving the confirmation. The motion carried unanimously upon vote. AWARD BID — COMPACT UTILITY TRACTOR The City recently advertised for a compact utility tractor for the garbage department. Triple W Equipment was the only bidder at $41,375.00. van Natta moved the bid be accepted from Triple W Equipment for the compact utility tractor. The motion was seconded by Graves. There was discussion. Boharski asked Public Works Director dim Hansz if the tractor, with the snow blower attachment, now gives the City two large snow blowers. Hansz said this unit is fairly small and would be used for narrower spaces, such as areas in a parking lot where the larger snow blower can't reach. The motion carried unanimously upon vote. COUNCIL COMMENTS/INFORMATION/QUESTIONS Atkinson commented how pleased he was with the recent Downtown Art Walk and thanked the merchants and the promoters for creating the sense of community the City is looking for downtown. Larson inquired if any progress has been made on Merry Begg's complaint with the Teton Terrace drainage problems. Neier answered a meeting should be scheduled soon and he's asked the Public Works Department to look into any possible technical alternatives. Donahue asked for an update on 'Che-re-purchasing of the valley Bank parking lot. Neier stated it hasn't been completed yet but should be soon. Boharski said he spoke with County Commissioner Dale Williams who would like two Council members to meet and discuss the Edgerton Dike path _ _ - Atkinson and Haarr volunteered. ADJOURN Th meeting was adjourned at 8 1 p-I nt' j- - �1p:E .�d�arSiCl _ Wm. E. Boharski, Mayor ATTEST: ° h6—rests_ White Clerk -of Council approved December 21, 1998 1371 1 1371 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 21, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER 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 as presented. The motion was seconded by Scarff. There was discussion. Atkinson moved to amend the Agenda by moving #16 (City Manager Selection) to #3. The motion was seconded by Larson. There was discussion. Donahue said he doesn't have any objection with moving the Agenda Item, but by doing so, it would create an embarrassing situation for Nystul. Nystul said it appears the Council has not completed the process and is not ready to take action on the issue. He said as a question of procedure he wonders whether it should be on the Agenda at all. Neier stated if the Council is planning on further discussion, then it shouldn't be on the agenda. He said he understood the Council wanted to vote on an offer. Boharski commented the Council needs to make a decision. The amendment failed upon roll -call vote with Atkinson, Larson and Van Natta voting in favor, and Donahue, Graves, Haarr, Scarff and Boharski voting against. Nystul "abstained. Van Natta said he would like to add the COPS Grant to the Consent Agenda if Neier needs authority to move ahead with it. Neer said the grant allows for the immediate hiring of two officers with the City paying twenty five percent of their salaries. He said the positions were approved during the budget process and Police Chief Frank Garner would like to get started with the hiring immediately. Neier said he would like a general consensus from the Council approving the two officers now, and an additional officer from another grant in the near future. Approval was given. The main motion carried unanimously - upon vote. CONSENT AGENDA APPROVAL Minutes -Regular Meeting December 7,__1998 A. Council B'-`'Approval of Claims per Payables Register-$375,998.10 Vas'Natto moved approval of the -Consent Agenda as presented:: The mot�:on,was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. HEAR THE P BT.Tr _ Art Thompson, Lakeside, Airport Advisory Board Member, reported that a request is before the City -County Planning Board to rezone a portion,of the Daley Field property on the east side of the City Airpo-`t from P-1 to B-2. He said -the change, if passed, threatens to. block any possibility of the- Airport meeting FAA standards by allowing buildings to be constructed to the edge of the runway. 1372 1372 Neier said height restrictions located adjacent to the Airport was discussed thoroughly prior to the City entering into a contract with RSI, Rosauers Supermarkets, Inc. He said the contract states "that based upon the current information available to the parties, the elevation of the building at twenty feet west of the setback to be constructed pursuant to this agreement shall not exceed 5,957.82 feet above sea level and the elevation at a point not less than 21 feet east of the westerly setback line, shall not exceed 2,960.82 feet above sea level." Neier said the reason the contract was worded as such was to assure that any construction conforms to FAA requirements. He said the request for the zone change is part of the contractual obligation because at the time the property was purchased by Rosauers, everyone understood it to be zoned B-2. Neier stated when it was discovered eighty feet is listed as P-1, steps were taken to rectify the problem. Dan Johns, 260 North Riding Road, asked the Council to pass Resolution 4430, a request to purchase irrigation equipment for the soccer fields at the Youth Athletic Complex. Fred Hammel, 505 7th Avenue west, in referring to the City Manager Selection, said he would like to see a Manager that can live within a budget. Andrew Farris, 168 Holt Stage, said he wants to develop a low income housing project on East Reserve Drive and asked the Council to approve his request to connect the subdivision to the Evergreen Sewer and water District's sewage collection system for treatment by the City of Kalispell. Stan Pine, 201 Lakeshore Drive, asked the Council to approve Ordinance 1298, an ordinance changing the zone from RA-1 to RA-3 on property near the intersection of U.S. Highway 93 North and Indian Trail. Tom-karks, 401 Sylvan Drive, said he's concerned about the request fig ffi- Cr-a-Lon Corporation for an -apartment complex He asked --the CauncTto keep the area zoned ag single family. Deioes Swanberg, Outgoing President of the Northwest MofitaAa �YY y� 'st'c�rcal Soviet told the Council the Central School renoVation is-`'c®mplete and invited all members to see how beautiful it i's.' Ann`'ingram, 607 Sylvan Court, pro -tested Cra-Longs proposal stating the'pr'bposed apartment complex will -increase traffic and water problems. She asked the Council to keep the area as single family. Robert':Tate, 200 Zimmerman Roadj-"suggested a thorough study be ofcEdie area Cra-Lon plans on fill' rg to see if it should be declared a wetland. Dave Lawrence, 184 Lawrence Lane, said he's also -concerned about=the fill-'i1stating the water, with no other place to go, would more than likely flood his property. Floyd riauli, 40.4 Sylvan Drive, also stated he would like tq -see the zoning in the Cra-Lon proposal--remain-single family . ORDINANCE 1296 - ZONING TEXT AMENDMENT - 2ND READING Bob Cook has requested Section 27.22.020 (3)(a) of the Kalispell ___f, _ -- Zoning Ordinance be changed to allowthelocation_of_residential garages .in the front yard when ---the -lot,-does not abut; an. -alley`., - The Kalispell City -County Planning Board and Zoning Commission considered the request on November 10t' and has recommended adoption of the amendment. After discussion at the December_7th meeting, the Council adopted the 1st reading,- -of Ordinance 1296. - kiiii -moved the second reading` of- `-Ordinance 1296, an ordinance amending Sections 27.22.030(3)-la) of -the Kalispell -Zoning ordinance, (Ordinance`No. 1175), by allow -.ng residential garages to be located in;front yards on lots that do'7ndt abut an alley, an - c declaring -_an effective date. The motion was -seconded by Graves'. 1 1 1 There- was discussion. 1373 1373 Atkinson stated he still opposes the ordinance which he feels "continues the antiquated look at how to develop a community." Donahue expressed concern that the way the ordinance is written a garage can be built right up to the sidewalk. Neier stated the building would still have to meet setback regulations. Donahue said for clarification, he would move to amend the ordinance by adding in Section I, following "shall be located in any front yard," the words, "provided however, that a garage may not encroach into the setback areas applicable to the residence." The motion was seconded by Nystul. There was discussion. Haarr said he feels the amendment is redundant because it's already covered in other ordinances and may actually add confusion. Larson asked if the amendment would require a third reading of the Ordinance. Neier answered the amendment would not be a substantive change and therefore wouldn't need an additional reading. The amendment carried upon vote with Haarr and Boharski voting against. The main motion as amended carried upon roll call vote with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor and Atkinson voting against. RE_S_OL_UTION 4440 - CRA-L.ON ADDITION - ANNEXATION Neier explained that Cra-Lon Corporation has requested annexation of a tract of land located near the corner of Sylvan Drive and College Avenue. He said all City services, sewer, water, etc. are available within the right-of-way abutting the property and the proposed annexation lies within and conforms to the Kalispell City - County Master Plan. Donahue moved Resolution 4440, a resolution annexing certain real p 61)erty' 7to the City of Kalispell, said territory -being aftik6kiMately 0.543 acres of the Northwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, t6be described as Cra-Lon Addition No. 287. The motion was seconded by Scarff. There -was discussion and Steve Kountz of FRDO answered questions. N�rst 1 clarified that Lots 1 & 2 of the proposed subdivision are already in the City limits and are zoned RA-1. He said the annexation request before the Council involves the proposed Lots 3 & A and asked Kountz if the City is allowed to annex -a wetland, -if the area is declared such.' Kountz answered it wouldn't have any -effect on the annexation: Atkinson said he's concerned with the fill proposed for -Lot 4-and asked if --there is something the Council could do to require thath Lot$`3 & 4 be combined. _ Larson stated condition number 4 from FRDO states "A qualified en:g-ineer, hydrologist or agency shall ---delineate any part_ of the site which qualifies as a wetland.. and designated -as a -_drainage easement ..and if lot 4 does not contain a 40' x 40 building- site outside _of such drainage easement andquired zonin re g setback, then lots I"'afid 4 shall be combined -into one lot." Kounti said there's still a certain amount of uncertainty because not all wetlands are "jurisdictional"- wetlands. He said there is still a lot of research to be -completed and the Council will -have aa'lbt more information prior to being asked to approve the Final 1374 1374 The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in f avor. . RESOLUTION 4441 - CRA-LON PRELIMINARY PLAT Resolution 4441 would allow Cra-Lon to proceed toward final subdivision of the property, subject to nine conditions. Scarff moved Resolution 4441, a resolution approving the Preliminary Plat of Cra-Lon Addition, Flathead County, Montana. The motion was seconded by Graves. There was discussion. Donahue said condition 2A requires sidewalks which he feels would be an imposition since there are no other sidewalks in the area. Jean Johnson, Stokes & Associates, representing Cra-Lon Corporation, stated the developers would be willing to waive the right of protest to future improvements. Boharski commented he doesn't feel waiving right of protest will make any difference under CI-75 and sometime in the future this road will probably be improved. He asked if there is any way to collect payment in lieu for the project cost later. Public works Director Jim Hansz stated there's actually nothing in place at the moment for fees in lieu, but it would be a good idea to develop a way to collect money up front which would then be put into the General Fund for these kind of improvements. Donahue moved to amend condition number 2A by changing the wording to read, "City will waive requirement of street improvements including curb, gutter, and detached sidewalk in lieu of waiver of right to protest installation of curb, gutter, and detached s diwalk." The motion was seconded by Nystul. There was discussion. Atkinson -spoke against the amendment stating he's never bested wa vers'`of right to protest since the "Evergreen debacle." He said to get sidewalks and gutters, you have to start somewhere and encbiiraged the Council to start getting those curbs, gutters and sidewalks where and when you can. Boharski said he understands that without rebuilding that road, there i-s no way to put in the curbs and gutters right now. The„amendment carried upon vote with Atkinson voting against. There was further discussion. S-carf-f 'asked Johnson if it's the developers intention to build' a multi=family dwelling on Lot 4 and how' -much fill would be required; Johnson answered the developers have _agreed - to the _single family designation. He said even if a 40' x 40'°- squar�-s-tructure"was _ built', it would only require a-10-foot fill -of an existing slope. Haarr commented any infringement on that &Y&inage means the water will have to go somewhere. He -said it still amazes him that people continue to build in areas that are subject to flooding. The main motion as amended carried-' on. -roll --call vote with Doz$ahue� parr,_ Larson, Nystul, Scarff; Van- Natta and Boharski' votilig ift fa' Vor --'-and Atkinson and Graves voting main-st-. QAptNA1gc,F 1297 - ORA -TON zONIN - R- i 1 sT g .ADIN Cra-Lon corporation asked for a zoning designation of -Low Density Residen"tial Apartment, RA-1. the kalispell'City County -Planning Board _and zoning Commission has recommended Single Family Residential, R-3. 1 1 1 1375 1375 Van Natta moved Ordinance 1297, 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 a tract of land in the Northwest Quarter Northeast Quarter and in the Northeast Quarter Northwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County (previously zoned City R-2, One Family Limited Residential) to R-3 (Single Family Residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Larson. There was discussion. Larson pointed out the heading should read "previously zoned County R-2," not City R-2. Neier noted the change. Scarff reiterated that by passing this ordinance, Lots 3 and 4, if Lot 4 is buildable, would remain single family. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1298 STANT FY PINE ZONE CHANGE RA-1 TO RA-1 1 T R ADIN[: Stanley Pine made an application to re -zone property located near the intersection of U.S. #93 North and Indian Trail from Low Density Residential Apartment, RA-1, to Residential Apartment Office, RA-3. The site is generally adjacent to single family residences on the North, East and West, and borders the Buffalo Commons "common area" to the South. The Kalispell City -County Planning Board and Zoning Commission has unanimously recommended the zone change. Scarff moved Ordinance 1298, an ordinance to amend Section 21 02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property descril�ed-in Exhibit "A" (previously zoned City RA-1, Low Density Residential Apartment) to RA-3 (Residential Apartment/Office), in accordance with the City -County Master Plan, and to provide an effective -date. The motion was seconded by Atkinson. There was discussion. Nystul said the neighbors were concerned about the increase in traffic with the RA-3 zoning, versus the RA-1 zoning. He asked Kountz if an RA-3 generally cause more intrusion than an RA-1, or does it vary equally with the permitted uses. Kountz said the RA-3 designation would normally increase the amount of vehicles on a road, however with a medical office, it can vary significantly. - _ - Atk3nson commented a good community has multiple uses and this is an__opportunity to give people a chance to work within walking distance -from where they live. The motion carried upon roll call vote with Atkinson, Donahue, Haarr. Larson, Scarff, Van Natta and Boharski.voting in favor, and Grav_ee a _ nd Nystul voting against. >.-. . RfkS6LtiTTON 4439 - BUDGET TRANSFER - YOUTH ATHLi�I'IC COMPLEX Boharski said the resolution would^ provide- -authority to spend approximately fifteen thousand dollars to purchase irrigation equipment for the Soccer fields at the- _Youth Athletic Complex. '- Van Natta moved Resolution 4439 a resolution to approve_'a-transfer among appropriations within a general -classification of expenclitures as adopted by the City of Kalispell --Budget for 19991-_Fis-&,i1- `'ear. The motion was seconded by Larson. There was discussion. 1376 1376 Nystul said he's concerned that if the Council authorizes the fourteen thousand dollar expenditure for irrigation equipment, it won't have the twenty thousand dollars needed to pave Four Mile Drive, which is a requirement under the State Lands Lease. Parks Director Mike Baker said the paving will have to be looked at during the next Budget session. He said the City has about nine months to determine where the money will come from to complete Four Mile Drive and he hopes by sitting down with Kidsports, a solution can be found. Haarr said he's also concerned about the expenditure and wonders where the paving funds will come from. He said he agrees with Nystul that it would be a lot easier to raise money for irrigation equipment than for asphalt. Haarr added the further extension of Four Mile Drive is an absolute necessity and Baker will probably be asked during the next Budget session if he has the extra money to finish the road. Baker said it's been the Parks Department's contention that the road should have been paved with Gas Tax Funding to begin with and not from the construction budget for the ball fields. Haarr commented the County should be asked to contribute because he thinks its "ludicrous" the County doesn't share in some of the costs, especially the road. Donahue stated this project keeps growing and sooner or later it has to stop. Boharski agreed. He said just because the construction costs were lower than anticipated, it doesn't mean the extra money should be spent, especially since the City has other contractual commitments. The motion carried upon roll call vote with Atkinson, Larson, Nystul, Scarff and Van Natta voting in favor, and Donahue, Graves, Haarr and Boharski voting against. ORSAND ADDITION - FINAL PLAT Ift--February, 1996 the City Council conditionally approved the Preliminary Plat of Lot 1, Opsand Addition. Opsand Addition is located near the intersection of Garland and Three Mile Drive. Newer explained all conditions required in the Preliminary Plat have been met. Larson moved approval of the Final Plat for the Amended Plat"Of.Lot 1'# Opsand Addition #107. The motion was seconded by Van=Na h = There was no discussion. The motion -carried unanimously upon vote, EVERGREEN HOOK-UP REQUEST - ANDREW FARRIS Andrew Farris has requested permission to connect a 47 singl'e family lot subdivision to the Evergreen Sewer and Grater District's sewage cbllect-i-on system for treatment by the City of Kalispell. The property proposed to be connected to the sewer is north of East. Reserve Drive. Newer stated under the city's Interlocal Agreement with Evergreen, no connections outside the District's boundaries may be_ made without City consent._ He said the property is located several miles from the City limits and outside the service -area boundaries of the City's facility plan; Atkinson moved the City Council deny the Farris request for sewer s d by ervice via the Evergreen System. The motion was seconds, , Gf°ave-s There was discussion. Boha rski' said he feels Farris has a- wonderful' project, but at the 1`ast'-''vrork session, Hansz pointed out the City is looking at pp ­�ly 240,000 gallons of 'usage at the Wastewater --treatment a roximat I 1 1 1377 1377 Plant before expansion has to be done. He said with the amount of activity that's anticipated to occur near the City in the future, the Treatment Plant will most likely be reaching its capacity sooner than expected. Because of that, Boharski said he can't support the Farris addition at this time. Nystul said recently a similar request was considered and he remembers the Council asking the Staff to prepare a policy statement concerning requests such as this. He said members determined at the workshop that the City needs more density closer in, which makes sense, but there still needs to be a written policy to provide consistency. Haarr agreed the City needs a policy, but stated the Council needs to think of the entire valley, not just the people of Kalispell. Haarr said he missed the work session, but if the Evergreen Sewer District has agreed to the hook-up, why should the Council disagree. Hansz explained because the project is outside the boundary of the Evergreen District, it would not go against the Evergreen allocation, it would go against whatever capacity remains of the City's remaining portion. Haarr said he still feels it's ridiculous that the City allows subdivisions, that can get sewer service, to continue to have septic systems. He said the answer may be the creation of a larger sewer district that involves the entire County. Larson agreed, stating that for the future of our community and the availability of affordable housing, members should vote in favor of the hook-up. Scarff said he understood that a portion of the project was located within the Evergreen District. Hansz answered a very small portion of the parcel is within the boundary, but the Evergreen District still looks at the project as a Vhole as outside. - Atkinson said he's in favor of more affordable Housing, but feels it would create an additional burden on City taxpayers to have a precedent set by allowing the hook-up. Donahue said the Council's primary duty is to the residents and taxpayers of Kalispell. He said he wishes Farris well, but'`=the project is so far from the City there is no possibility it will''ever be' `annexed. Donahue added the reason the City hasn't grown faster than it has is because it's given too much sewer and water service outside Kalispell. The motion carried upon roll call Vote with Atkinson, Donahue, Graves, Nystul, van Natta and Boharski voting in favor, and Haarr, Larson and Scarff voting against. _ AUTHORITY TO BID - CENTRAL SCHOOL LANDSCAPING, DRAINAGE AND PARKING At the last Council workshop=;- Susan -Moyer, PECDD, informed the Council that she had received plans and specifications -from SiteScape and Associates for the construction of a parking 10 with _. amenities -on the North Parking- Lot-of'Central-School. The estimated cost]=_ -was $53,000.00. Larson moved the Council grant tho"authority to bid the North Parking Lot of Central School.- The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. AWARD BID - AMBULANC E Theity Ambulance Department recently received bids for a new m6d6f&-4mbulance. Braun Northwest, Inc. was the lowest bidder with 1378 1378 a bid of $63,908.00. The Fire Chief has recommended awarding the bid to Braun. Larson moved the Council accept the bid -from Braun Northwest, Inc. in the amount of $63,908.00 to purchase a new ambulance. The motion was seconded by Graves. There was discussion. Donahue asked how many ambulances the Department will have now. Fire Chief Ted Waggener said even with the purchase of the new ambulance there will still only be four in service. He said the Department hopes to take the oldest one and make a rescue rig out of it. The motion carried unanimously upon vote. AWARD BID - LOADER BACKHOE Several weeks ago the City received bids for a backhoe for the Sanitary Sewer Division. Long Machinery was the low bidder with a CAT 416 at $51,806.00. Graves moved to enter into a contract with Long Machinery for the backhoe in the amount of $51,806.00, plus the optional equipment in the amount of $3,208.30 for a total of $55,014.30. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. APPOINTMENT - CONRAD MANSION BOARD Boharski recommended Gayle Vidal be reappointed to the Mansion Board. Donahue moved the Mayor's recommendation be accepted and Gayle Vidal by reappointed to the Conrad Mansion Board. The motion was seconded by Haarr. There was discussion. Donahue commented Vidal has been a member of the Board for many years and has been very valuable. The motion carried unanimously upon vote. APPOINTMENT - CITY -COUNTY PLANNING BOARD Boharski explained four applications were received for two positions on the Board. He said for the first position he's recommending the reappointment of Jean Johnson. Nystul moved the reappointment of Jean Johnson to the City -County Planning Board. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. Boharski recommended the second position be given to Don Mann. Haarr moved approval of the Mayor's recommendation to appoint Don Mann to the City -County Planning Board. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. COUNCIL COMMENTS/INFORMATION/QUESTIONS. Nystul commended the Police Department on it's Public Service Announcements to help inform drivers of the laws. He said in 1379 1379 addition, he heard comments at an accident recently how quickly the Fire Department and Police Department responded. Scarff said that students involved in the Youth Leadership Program recently visited City Hall and met with Council members and he was extremely impressed with their questions and knowledge of politics. Atkinson, referring to a recent letter from Valley Bank's attorney, said he was unaware that valley Bank did not want to sell its parking lot back to the City and asked Neier what happens now. Neier said several points made in the letter are accurate and barring any unforeseen circumstances, the property will remain in the possession of Valley Bank. Donahue said he understands the main concern from Bank officials is that the lot will remain for parking. He suggested Neier propose a clause in a deed that would keep that property for parking for ten years or so. Council agreed. Graves commented the County has purchased most of the block south of the Justice Center for future development and he feels the City should emulate the County by buying property close to City Hall for future expansion and parking. Donahue suggested the City Manager get specifics from the FAA on whether the City's ordinance concerning the airport is compatible with their regulations and standards for developing the airport. Van Natta agreed, saying the City should know exactly where it stands. Haarr wished the Staff and Management of the City of Kalispell a Merry Christmas and Happy New Year and said he feels the City's had a great year. He said as we go into 1999 he hopes the Council can continue to improve it's relations. Nystul excused himself from the remainder of the meeting. CITY MANAGER ELE _TTON Boharski said the Council basically has to decide whether to offer the position to Nystul, go back through the applications or bring Al Thelen back to Kalispell in the interim while the City starts the search over. Donahue moved to offer the position to Nystul and instruct the City Manager to conduct negotiations within the boundaries of the offer made to Jeff Towery. The motion was seconded by Scarff. There was discussion. Van Natta said he still doesn't think Nystul has the managerial or supervisory experience needed for the job. He said Nystul voted to fire Krepps and he doesn't think considering him is ethical. Van Natta said as far as the contract to Towery, he found it embarrassing. He said the newspaper reported the Mayor changed the original offer the Council agreed on from $62,500.00 to $60,000.00. Boharski stated he doesn't remember the Council giving Neier an exact amount to offer Towery. He said Neier called him about the 1380 1380 offer and he gave Neier his opinion. Boharski said he had no intentions of acting outside the wishes of the Council. Larson said Boharski may not have had any "ill intentions" when he talked to Neier but he still acted out of the scope of his office. Neier said he called Boharski because he wasn't given many parameters and he didn't want to make an offer the Council couldn't agree with. He said from talking with Towery, he doesn't think the salary was the basis of the refusal. Atkinson called the "whole thing an incredible travesty." He said now the City has someone left who isn't qualified and this is the "final blow.to destroy the City Manager form of government." Haarr said of the four candidates interviewed, Nystul is left and should be given a chance. He said he would defy anyone to say that Nystul lacks any of the credentials advertised for, even if he doesn't have the degree. Haarr said he can recount anything that's happened in the City over the past fifteen years and it's apparent he can do a wonderful job as a Manager. Larson said he has no animosity towards Nystul, but he doesn't think he's a Manager. He said the City didn't advertise for a Historian, it advertised for a Manager and Nystul isn't a Manager. Larson said to be fair about it, Al Thelen should be hired until the City can find an applicant that everyone can accept. Donahue commented he's known Nystul for a long, long time and he's very confident he'll do an excellent job for the City. Graves said he doesn't understand the argument that Nystul doesn't have the ability to manage. He said it doesn't take a Rocket Scientist to manage eight people who are some of the finest Department Heads in the whole country. The motion carried upon roll call vote with Donahue, Graves, Haarr, Scarff and Boharski voting in favor, and Atkinson, Larson and van Natta voting against. Atkinson suggested the offer be finalized and agreed upon tonight. Boharski said Neier has suggested a one year contract, an evaluation after six months, no severance pay for the first six months, membership in organizations and attendance at conventions subject to Council approval during the budgeting process, City health insurance, 12 days sick leave, standard retirement and a salary that needs to fall within the $55,000.00 to $70,000.00 pay range. Graves suggested the salary start at $55,000.00 with an evaluation after six months. He said if Nystul's done a good job then he should receive a pay raise of five percent at that time. Council agreed. Donahue commented if negotiations with Nystul are successful, then he would like to see every member of the Council vote in favor of the contract. ADJOURN The meeting was adjourned at 11:05 p.m. • �r,.E.�o�arski Wm. E. Boharski, Mayor ATTEST: heresa White Clerk of Council approved January 4, 1999