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02. Council Minutes - Regular Meeting - July 10, 1995778 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JULY 10, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR, DUANE LARSON, PAM KENNEDY, GARY NYSTUL, CLIFF COLLINS, CITY ATTORNEY GLEN NEIER AND CITY MANAGER BRUCE WILLIAMS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Moses moved to approve the agenda. The motion was seconded. The motion carried upon vote. Approve Minutes -July 19, 1995 Collins moved to approve the minutes. The motion was seconded. The motion carried with a vote. Approve Claims per Payables Register Moses moved to approve the claims. The motion was seconded. `= There was discussion. Upon vote the motion carried. ADDRESSING THE COUNCIL Stillwater River/Shady Lane -Master Plan Amendment Debra Hendrickson, 55 Ainley Lane, spoke against the Stillwater River/Shady Lane -Master Plan Amendment. Northwest Montana Mental Health CUP Amendment The following spoke in favor of 24 hour care: Boyd Roth, 1343 6th Avenue East Sylvia Hoag Winnifred Storli, 3420 Airport Road, spoke in favor of a unified effort for the best care for clients. ORDINANCES & RESOLUTIONS Ordinance 1228-Salary-Police/Fire-lst Reading The purpose of this ordinance is to update the salary ordinance to include the new salaries for the police and fire bargaining unit members and also the previously negotiated salaries for the AFSCME members. Williams negotiated a tentative labor agreement with both the police and fire associations. f' Larson moved Ordinance 1228, an ordinance amending Ordinance No. 1216, fixing the limits of the salary and compensation of the City Officials, Supervisors, and Employees pursuant to Title 7, Chapter 4, part 42, M.C.A., beginning July 1, 1995, repealing all other ordinances in conflict therewith. The motion was seconded. N The motion carried upon roll call vote. _Resolution 4217-Adopt, Revise, or Reject Stillwater River/Shady Lane -Master Plan Amendment William Lincoln is requesting an amendment to the Kalispell City/County Master Plan on his property located on the north side of Conrad Drive east of the Stillwater River. The requested amendment would change the land use designation from Suburban Residential (0-2 dwelling units per acre) to Urban Residential (2-8 dwelling units per acre). Mr. Lincoln's request was originally limited to his 50 acre tract of land, but was expanded by FRDO to include another 190 acres of property located from the Stillwater River to Shady Lane, and from Conrad Drive south to Highway 2 and 35. The Planning Board held a public hearing considering this request with one person speaking in support of the proposal and 18 speaking in opposition. The Planning Board has recommended rejection of the proposed amendment, and staff concurs with this recommendation. Moses moved Resolution 4217, a resolution adopting, revising or rejecting a recommended amendment to the Master Plan. The motion was seconded. City Attorney Neier recommended the motion be amended. Moses moved to amend the motion by changing the first line to "a resolution rejecting a recommended amendment to the Master Plan". On page 2, Section I, 4th line, remove the word "by". The motion was seconded. The amendment carried with a vote. Haarr and Nystul spoke against the motion. With a roll call vote the motion carried with Haarr, Granmo and Nystul voting against. Resolution 4218-third Annexation This is a request for annexation of a parcel of land containing approximately .5 acre located 150 feet east of 5th Avenue East and 1,000 feet south of 18th Street East. The applicant has also petitioned for a zoning classification of RA-1. This annexation request was prompted by the creation of the 5th Avenue East Sewer SID. The Planning Board recommends the property be zoned RA-1 upon its annexation. 780 Staff agrees with the Board's recommendation and further recommends that Council adopt the resolution annexing the parcel into the City of Kalispell. Larson moved Resolution 4218, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, a tract of land described in Exhibit "A", to be known as Hird Addition No. 266; to zone said property Low Density Multi -Family Residential, RA-1, to amend the City Zoning Map accordingly and to declare an effective date. The motion was seconded. The motion carried upon roll call vote. Resolution 4219-Boller Annexation This resolution is a request for annexation of a parcel of land containing 18,300 square feet located approximately 150 feet east of 5th Avenue East and 400 feet south of 14th Street East. This annexation request was also prompted by the 5th Avenue East Sewer SID. The Planning Board recommends an RA-1 zoning classification upon annexation. Staff concurs with the Board's recommendation for zoning and further recommends that Council adopt the resolution annexing the parcel into the City. Collins moved Resolution 4219, a alteration of the boundaries of the therein, as an annexation, a tract "A", to be known as Boller Addition Low Density Multi -Family Resident Zoning Map accordingly and to de motion was seconded. resolution to provide for the City of Kalispell by including of land described in Exhibit No. 265; to zone said property ial, RA-1, to amend the City Clare an effective date. The The motion carried upon roll call vote. Resolution 4220-Mvren Annexation This resolution provides for the located on the northwest side Garland Street approximately 900 The zoning classification is pri Board recommends the R-3 and recommending that Council adopt t into the City. annexation of a 1.4 acre parcel of Kalispell, 110 feet west of feet north of Three Mile Drive. posed to be R-3. The Planning staff agrees. Staff is also he resolution annexing the parcel Moses moved Resolution 4220, a alteration of the boundaries of th therein, as an annexation, a tra "A", to be known as Myren Addition Urban Single Family Residential, R accordingly and to declare an e seconded. resolution to provide for the e City of Kalispell by including ct of land described in Exhibit No. 268; to zone said property -3, to amend the City Zoning Map ffective date. The motion was With a roll call vote the motion carried. 781 Resolution 4221-Fairway Boulevard Phases VI, VII and VIII This resolution completes the annexation of the Fairway Boulevard subdivision. Phases I-V were previously annexed as part of an agreement reached with the property owners affected by the original annexation. Phases VI, VII and VIII were not a part of the original annexation, because at the time they were not final platted. Since they are now final platted and being built upon, the property owners in phase I-V have asked that the City initiate annexation so that all phases of the subdivision fall within the City jurisdiction for City service purposes. The intent of the resolution is to annex phase VI, VII, and VIII, which will complete the annexation of Fairway Boulevard. It is the recommendation of the Planning Board to assign the property an R-3 zone and staff agrees. Further, staff recommends the adoption of the resolution allowing for the annexation of this property in the City. Moses moved Resolution 4221, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, a tract of land described in Exhibit "A", to be known as Fairway Boulevard Addition No. 267; to zone said property Urban Single Family Residential, R-3, to amend the City Zoning Map accordingly and to declare an effective date. The motion was seconded. With a roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL Board Appointments Airport Advisory Board Mayor Rauthe recommended the following individuals be appointed to the Airport Advisory Board: Gib Bissell, Jim Lynch, Walt Nolte, Dana Severey, Art Thompson, Reed Lamb and Richard Fougeron. He noted there were 15 applicants and thanked everyone that applied. Atkinson moved to confirm the appointment of Gib Bissell, Jim Lynch, Walt Nolte, Dana Severey, Art Thompson, Reed Lamb and Richard Fougeron to the Airport Advisory Board. The motion was seconded. The motion carried with a vote. Board of Adjustments Mayor Rauthe recommended the appointment of Gene Johnson to the Board of Adjustments. Larson moved the confirmation of Gene Johnson to the Board of Adjustments. The motion was seconded. Upon vote the motion carried. 4. 782 City/County Planning Board Mayor Rauthe recommended the appointment of Michael Conner to the City County Planning Board to replace Rita Fitzsimmons. Kennedy moved to confirm the appointment of Michael Conner to the City/County Planning Board. The motion was seconded. The motion carried with a vote. Parking Commission Mayor Rauthe recommended the appointment of Mike Stocklin to the Parking Commission, who would replace Bob Smith. Atkinson moved to confirm the appointment of Mike Stocklin to the Parking Commission. The motion was seconded. The motion carried with a vote. BUSINESS FROM MANAGER Flathead Industries CUP Flathead Industries requested a conditional use permit to allow a 7-unit apartment complex on properties located at 217 and 229 4th Avenue West. The property is zoned RA-2 High Density Residential. The Planning Board held a public hearing on the request with no one speaking in opposition. The Planning Board recommends the approval of the CUP request with nine conditions. Williams and Staff agreed with the Planning Board's recommendations and requested Council's favorable consideration. Kennedy moved approval of the conditional use permit for the Flathead Industries for a 7 unit apartment complex at 217 and 229 4th Avenue West with the nine conditions. The motion was seconded. The motion carried with a vote. Northwest Montana Mental Health CUP Amendment The Council's decision to grant a conditional use permit to Western Montana Mental Health Center to operate a community residential facility at 1225-2nd Avenue East has resulted in a lawsuit alleging the City's requirement that WMMHC staff Independence House on a 24- hour basis violates state and federal anti -discrimination laws. At the work session of June 26, 1995, Council discussed this issue and concluded that it would be in the City's best interest to amend condition number 2 of the CUP by striking the following language: "The community residential facility herein authorized shall provide on -site resident care on a twenty-four hour a day basis." The amended condition 2 will read, "This conditional use permit is approved in accordance with MCA Title 76, Sections 76-2-412; and 76-2-411(1) , which states that this is to be "a community group home for the developmentally, mentally, or severely disabled persons which does not provide skilled or intermediate nursing care." 783 Any deviation or modification of this permit would require an amended/new conditional use permit. Atkinson moved to amend condition number 2 of the CUP by striking the following language: "The community residential facility herein authorized shall provide on -site resident care on a twenty-four hour a day basis." The amended condition 2 will read, "This conditional use permit is approved in accordance with MCA Title 76, Sections 76-2-412; and 76-2-411(1), which states that this is to be "a community group home for the developmentally, mentally, or severely disabled persons which does not provide skilled or intermediate nursing care." The motion was seconded. There was discussion. Williams read the statutes. Nystul moved to amend the motion to include the language from MCA Title 76, Sections 76-2-412; and 76-2-411(1) in Section I, condition 2 of the conditional use permit. The motion was seconded. The amendment carried with a vote. f i There was more discussion. Moses and Larson encouraged the public to communicate with those who can do something about this issue, such as the governor, county commissioners, state legislators and the directors of the group home. The amended motion carried upon vote with Kennedy voting against. Police/Fire Labor Contracts Williams previously discussed with Council the recently negotiated labor contracts with the police and fire bargaining units. The two contracts are very similar with regard to settlement; 1) both are three year contracts; 2) both call for salary increases of 3% each of the three years or the CPI-U Western Edition, whichever is greater; 3) both require the City to pay for physicals of its members not covered by City insurance; 4) the Fire Contract recognizes for the first time the value of EMT -I and Paramedic status by paying certification pay for those members holding these certifications; and 5) the Police Contract authorizes $50.00 per month for those members required to carry pagers. Williams recommended that Council ratify the contracts and allow him to sign them on behalf of the City. Moses moved to ratify the Police Labor Contract. The motion was seconded. There was discussion. 784 With a vote the motion carried. Larson moved to ratify the Fire Labor Contract. The motion was seconded. Upon vote the motion carried. Demolition Bids Williams noted McElroy & Wilken was low bidder for the demolition of the two houses at 217 and 229 4th Avenue West (Flathead Industries 7 unit apartment complex project) and will do the work for $3,500. Police Chief Clark Williams welcomed Police Chief Ad Clark back from the FBI Academy. He announced Clark graduated with honors from the academy. He was top in his management class and tied for top pistol score. He thanked Clark for serving the community well. STAFF REPORTS Next Work Session July 17, 1995 7:00 p.m. Next Regular Meeting July 24, 1995 7:00 p.m. ADJOURN The meeting was adjourned at 8:50 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council