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11/15/99 City Council Minutesi A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 15, 1999, 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 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 as presented. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting November 1, 1999 2. Approval of Claims per Payables Register-$542,989.76 3. Postpone Action on Bids to December 6, 1999 for a 27,000 ob. Weight Class Motor Grader - Three bids were received with one containing an irregularity. Staff is asking that action be postponed pending a comparison and analysis of the bids. 4. Postpone Action on Bids to December 6, 1999 for a 2;� Yard Tool Carrier/Loader - Four bids were received with one containing an irregularity. Staff is asking that action be postponed pending a comparison and analysis of the bids. 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 Pauline Sjordal, 234 3rd Avenue West, said another 1st Night Flathead is planned for New Year's Eve and she invited everyone to attend. RESOLUTION 4521 - RESOLUTION ACCEPTING A $10,000 GRANT FROM THE MONTANA DEPARTMENT OF TRANSPORTATION MDOT has agreed to provide $10,000 to the Kalispell Police Department for additional traffic enforcement on holidays. No matching funds are required for the overtime reimbursements. Larson moved Resolution 4521, a resolution accepting a Montana Department of Transportation Grant to fund additional traffic enforcement on specific holiday dates. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1340 - AN ORDINANCE REVISING CHAPTER 4, THE ANIMALS AND FOWL SECTION OF THE KALISPELL CITY CODE - 1ST READING Neier explained this ordinance revises Article II of Chapter 4 of the Kalispell City Code which regulates dogs within the City limits. He said the ordinance modernizes language of the regulations and conforms the regulations to the practices currently in place within the City. Atkinson moved first reading of Ordinance 1340, an ordinance amending Chapter 4, Animals and Fowl, Kalispell Municipal Code by amending Ordinance No.'s 666, §§ 2, 4, 7, 8, 11 and 12; 879, §§ 4, 5, 6, 7, 9, 10 and 11; and R.O. 1947, §§ 9; authorizing the City Attorney to recodify Chapter 4, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded by Nystul. 1 There was discussion. 1537 Donahue stated the new definition of a "dog" is confusing and he would like to have it replaced with the definition from the original code. Council concurred without objection. Graves said that in addition to "dogs used as eyes for the blind or ears for the deaf" when referring to licensing in Section VIII, he would like "helper dogs" added. Council concurred without objection. The motion carried unanimously upon roll call vote. ORDINANCE 1341 - AN ORDINANCE REVISING CHAPTER 6, THE ELECTION SECTION OF THE KALISPELL CITY CODE - 1ST READING Neier explained this ordinance conforms to the election procedure that is designated within state law. Scarff moved first reading of Ordinance 1341, an ordinance amending Chapter 6, Elections, Kalispell Municipal Code by amending R.O. 1947 H 124, 125 and Ordinance No. 1192, repealing R.O. 1947, H 126 and 127; enacting a new section § 6-3,1 (Election Procedures), enacting a severability section; authorizing the City Attorney to recodify Chapter 6, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded by Nystul. There was discussion. Haarr asked how often the ward boundaries are changed. Neier answered they are redrafted after every census, which occurs about every ten years. The motion carried unanimously upon roll call vote. ORDINANCE 1339 - ZONE CHANGE REQUEST FROM WILLIAM AND REBECCA SNEED - 2ND READING The Sneeds are requesting 1.64 acres on the southwest corner of 8th St. W. and 12th Ave. W. be changed from Low Density Residential Apartment to Two -Family Residential. At the last meeting, Council approved the zone change on first reading. Haarr moved second reading of Ordinance 1339, 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 on Exhibit "A" (previously zoned RA-1, Low Density Residential Apartment) to R-4 (Two -Family Residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon roll call vote. SALVATION ARMY CONDITIONAL USE PERMIT REQUEST Lt. Monte Jones, on behalf of the Salvation Army, has applied for a conditional use permit to construct a 12-unit apartment complex on the east side of Bountiful Drive. The Planning Board and Planning Staff have recommended approval with conditions. Narda Wilson, FRDO, explained the single -story apartment complex would be located in the north part of the Salvation Army's parking lot and would be specifically for senior citizens and disabled people. She said because of concern from residents, Salvation Army has agreed to place a site -obscuring fence and landscape buffer along the eastern boundary of the complex. Van Natta moved approval of the Conditional Use Permit for Salvation Army. The motion was seconded by Larson. There was discussion. Nystul said condition number one refers to fencing and asked who will determine the type of fence that's installed. 1538 Wilson said a six-foot tall fence has been discussed and would comply with zoning. She said if Council desires, a specific "six- foot site -obscuring fence" could be added to the condition. Nystul felt that would eliminate any questions. Atkinson asked if there would be proper egress and ingress to the new buildings for buses. Wilson said there has to be access available for fire trucks, and if they can turn around, there shouldn't be any problem for buses. Kukulski commented that Fire Chief Ted Waggener had another meeting to attend and is unavailable for questions, but the proposal would not be approved if adequate fire access can't be met. Atkinson moved an amendment to the conditional use permit by adding a condition number five which would state: "A plan will be devised, in conjunction with Eagle Transit, to meet the ingress and egress needs of public transportation". The motion was seconded by Nystul. There was discussion. Lt. Monte Jones, 216 Glenwood Drive, said the Salvation Army has already planned to provide transportation twice a week to local shopping areas. Atkinson said the elderly are not only Salvation Army's customers, but Eagle Transit's customers as well, and it's in everyone's best interest to work together. The amendment carried unanimously upon vote. Larson said there's a deed restriction requiring that the units be used only by senior citizens and disabled persons. Larson said that hasn't always worked in the past and asked how the provision will be enforced. Lt. Jones said the grant proposal requires the property to remain for low income, senior or disabled persons. He said in addition, the apartments would be built with seniors and disabled persons in mind and would probably not be desirable for anyone else. Boharski asked for public comment. Dean Jellison, 116 Crestline Drive, said his biggest concern with the project is the lack of parking. He said there isn't enough spaces planned and the overflow will end up parking in the neighbors' front yards. Jellison also expressed concern that the development would add to the traffic congestion in that area. Michael Ober, 54 Buffalo Hill Drive, commented he feels the project will devalue the property in the area and he's worried about the "type and character of people who are attracted to this kind of facility". He said he also doesn't feel the project is compatible with the area and it would be isolating seniors and disabled persons from the facilities they need. Rosalee Heinecke, 61 Buffalo Hill Drive, said this neighborhood is a "fragile urban environment" and this is the wrong area for the proposal. Jerry Schnell, 136 Crestline Drive, stated he's concerned with conditional use permits that change the integrity of a neighborhood. He said he's also concerned with the traffic problem. Steve Staneart, Director of the Salvation Army Community Center, said the project will not significantly impact parking or traffic flow. He said when the Salvation Army started looking at projects for this area, they wanted the least impact on the neighborhood and this proposal accomplished that. Staneart said this is a good location for the project because Salvation Army serves two meals a day and residents would be close to nursing homes and medical facilities. He said Salvation Army has worked very hard to work with the neighbors and he feels they have done that successfully, even though a few neighbors may disagree. 1539 Lt . Jones said this type of facility is needed in the community and he's hurt that there are people who want to deny seniors and disabled persons a decent place to live. He said Salvation Army has "bent over backwards" to satisfy everybody, and he feels it's coming down to the "NIMBY principle, neighbors who just don't want it in their backyard". Atkinson asked Wilson if Chief Waggener felt there was any problem with the plans. Wilson answered that Waggener indicated at Site Review that the Fire Department can obtain adequate access to service the building. Larson to all said the Uniform Fire Code requires sides of the buildings, but leaves that access is available it up to the Fire Chief as to how this is to be accomplished. He said Waggener indicated at the work session that until he saw a definitive set of blue prints, he couldn't give a definite answer as to access. Wilson agreed, but stated those requirements are addressed during the actual construction process and not at this stage of the proposal. Haarr commented that this proposal is in his backyard, and even though he feels it will decrease his property value, he's trying to look at it objectively. He said his main concern is the location and that people will be "landlocked". Haarr said it would be easier for the residents if the facility is located near the services they want, instead of relying on a bus schedule. He stated with some effort by the City and Salvation Army, a better location can be found for this project. Haarr encouraged the Council to deny the request and look into other alternatives. Donahue said according to the Zoning Ordinance, the H-1 zone is intended "to provide hospital facilities and supportive services for the care of the sick, the elderly and the distraught, not to serve the general retail or the overnight accommodation needs of the general public". He stated the ordinance also lists several things as conditional uses that the Council "may" allow in this zone. Donahue said it doesn't say "shall" and he feels Council members are well within their rights to deny the request. He said he agrees with Haarr that this is not the best location for the facility and with some work, a better place can be found. Van Natta said whether it should be or not, there is residential mixed in with this zone, and asked Neier where the Council stands legally if it denies the request. Neier stated according to the law, a proposal under a conditional use permit should have "no more adverse effect on the health, safety and comfort of persons living or working in the area, and should be no more injurious economically or otherwise to property or improvements in the surrounding area than any other use generally permitted in that district". He stated "an authorized conditional use permit shall not be denied arbitrarily or if no specific adverse effect is found". Neier said the age, race, creed or national origin along with sex and physical condition of the people occupying a building is irrelevant to the granting of a conditional use permit. He said in his legal opinion, the proposal fits within this zone and complies with the conditional use permit criteria. Haarr said all the residents on Buffalo Hill Drive feel this facility will have an adverse effect on the neighborhood and reduce property values. Atkinson commented that residents of the facility will have access to services from Eagle Transit and Salvation Army buses. He said as long as they can walk from their apartments to the front of the Salvation Army, they will have the same accessibility to the community as the rest of us. Scarff said he doesn't feel comfortable voting on the permit until all of his questions are answered concerning fire access. 1540 Scarff moved the motion be tabled until the Fire Chief is present to answer questions. The motion was seconded by Nystul. The motion failed with Nystul and Scarff voting in favor. The motion as amended failed on a tie roll call vote with Atkinson, Larson, Van Natta and Boharski voting in favor, Donahue, Graves, Haarr and Nystul voting against, and Scarff abstaining. AIRPORT ADVISORY BOARD APPOINTMENT Boharski explained Mike Larkin has vacated his seat on the Advisory Board and four people have requested appointment; Dick Brady, Richard Dews, Don Hines and Jim Robischon. In order to qualify for the seat, the appointee must reside within the City limits. Boharski said only two applicants live in Kalispell, Brady and Robischon. Boharski said Robischon has a business but no aviation background and therefore recommended Brady be appointed to the Board. Donahue commented Robischon was a member of the Airport Committee of the Butte Chamber of Commerce for many years. Boharski stated that wasn't mentioned in Robischon's application letter. Kukulski said staff prefers Brady because of his involvement with the Airport's maintenance. Atkinson moved Dick Brady be appointed to the Airport Advisory Board. The motion was seconded by Graves. There was discussion. Nystul commented he' s hesitant to appoint Brady because he' s a City employee and he feels someone from the public should be appointed. In a related matter, Nystul commented the Council needs to look at the Airport Board and make it more advisory to the Manager than the Council. He said the Council also needs to look at making the City Airport a division of a City Department. Haarr said both Brady and Robischon will do a good job on the board, but Brady is a City employee and when the Council has citizens that are willing to be board members, he doesn't feel a City employee should be appointed. He added instead, Brady should be appointed as the Airport manager. Donahue said the City would be missing an opportunity if Robischon isn't appointed to the board. Larson said he supports Brady because he feels Dick is more qualified than Robischon. Van Natta said he would prefer not to appoint a City employee. The motion failed upon roll call vote with Atkinson and Larson voting in favor, and Donahue, Graves, Haarr, Nystul, Scarff and Van Natta voting against. Haarr moved Jim Robischon be appointed to the Airport Advisory Board. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4520 - A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BUFFALO COMMONS PHASES III, IV AND V - (Tabled 11/1/99) Northwest Healthcare Corp. has applied for preliminary plat approval of a 27-lot commercial subdivision as part of Buffalo Commons, located east of Highway 93 North. At the last meeting, Council tabled the issue pending further information. Haarr moved to take Resolution 4520 from the table. The motion was seconded by Donahue. The motion carried unanimously upon vote. 1541 Kukulski explained conditions have been added requiring the developer to install improvements along the north side of Sunnyview Lane, including curbs, gutters, sidewalks and landscaping next to the property boundary, or posting a bond for the improvements, or waiving the right to protest a special improvement district for the improvements prior to filing Phase V. Nystul asked how the developers can install a sidewalk until the street is designed. He questioned whether the sidewalk wouldn't have to be torn out later. Public Works Director Jim Hansz said in this particular case, the sidewalk will be separate from the curb so it shouldn't create a problem when the street is constructed. Nystul criticized Haarr for tabling the resolution at the last meeting because of access questions concerning Sunnyview Lane. He said Sunnyview Lane is the responsibility of the City of Kalispell and not the hospital. Haarr asked why the City isn't designing the road and requiring improvements that may have to be removed when the road is constructed. Kukulski said staff plans to have a proposal by next February and hopes the Council places this as a high priority for the next budget year. Haarr moved Resolution 4520 a resolution approving the preliminary plat of Buffalo Commons Phases III, IV and V, Flathead County, Montana. The motion was seconded by Atkinson. There was discussion. Donahue suggested that staff start looking at an SID for that area as soon as possible. The motion carried unanimously upon roll call vote. DISCUSSION ON RIGHT OF WAY ENCROACHMENT ON CRESTLINE DRIVE (Tabled 11/l/99) At the last meeting, Donahue made a motion to instruct the City Manager and City Attorney to take appropriate action to move a "rock garden" encroaching on the right of way at 114 Crestline Drive onto the owner's private property. The motion was tabled until Council members could review the situation. Staff investigated the matter and determined the encroachment presents no significant impact to City operations and is not a traffic hazard. Donahue moved to take his original motion from the table. The motion was seconded by Haarr. The motion carried upon vote with Atkinson voting against. Donahue said he assumes the other Council members have looked at the situation and encouraged them to direct the City Manager and Staff to eliminate the encroachment. He said even though some work has been done, neighbors are still not satisfied. Scarff asked Donahue how the neighbors will feel if they have to move shrubbery off the right of way. Donahue said that needs to be a judgment call. He said if it's offensive to other neighbors or presents a site hazard, then the administration needs to take action, but if it's not offensive or obtrusive, then the administration may determine to leave it alone. Donahue said the encroachment in question is big, unsightly and "way out into the right of way". Larson said he looked at the area three times and he doesn't feel it is unsightly. He said he doesn't feel the City should be making subjective judgements as to what is unsightly and what isn't. Larson said City staff has made a determination that the "rock garden" doesn't pose a hazard and Council should support that decision. 1542 Van Natta agreed, stating the landscaping isn't any worse than any of the other encroachments on the same street. He commented the City "screwed up" when it didn't require sidewalks, curbs and gutters in this whole neighborhood. Haarr said since the last meeting, some of the gravel has been moved back, but unless notice is given to property owners that they have a responsibility to identify the property line, then this type of intrusion will continue. The motion failed upon roll call vote with Donahue, Graves and Haarr voting in favor, and Atkinson, Larson, Nystul, Scarff, Van Natta and Boharski voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski told Council members the Joint City -County meeting November 29th will be held in Whitefish and discussions will include the Flathead Regional Development Office and planning issues. Kukulski said some Council members have expressed a desire to disband the Airport Authority and the issue could be discussed further at the work session on the 22nd if Council desires. Boharski said the Council needs to be cautious about making any changes concerning Airport management because it could delay the FAA application for the airport and future FAA funding. Kukulski gave the Council an update on Stream.Com and their interest in the Gateway West Mall. He said executives from the corporate office will be visiting Kalispell Wednesday. Nystul asked Hansz for a written memo on the background of the Grandview Well and also asked for any correspondence from Dorsey & Whitney concerning West Side Urban Renewal financing. Donahue commented he was in Helena recently and the City had placed a flier in the newspaper entitled "Understanding Your Tax Bill" and he suggested something similar could be done here. Donahue asked about the progress of annexing the strip along Highway 93 connecting the City with the property next to Reserve Drive. Neier said he has spoke with the Montana Department of Transportation and was informed the annexation has been approved but nothing in writing has been received yet. ADJOURN The meeting was adjourned at 10:10 p.m. ►P1.F_.bnhars i Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk approved December 6, 1999