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04/20/98 City Council Minutes1163 1163 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 20, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. COUNCIL MEMBER DALE HAARR WAS ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Nystul moved to approve the agenda as presented with Consent Agenda Item B (Approval of Claims per Payables Register) being removed due to computer problems, Consent Agenda Item G (Airport Advisory Board Appointment) being moved to Agenda Item 9 with Consent Agenda approval from April 6, 1998 being added as Consent Agenda Item F. The motion was seconded by Scarff. The motion carried upon vote. CONSENT AGENDA APPROVAT. G. Council Minutes - Regular Meeting April 6, 1998 B. Award Bid - 1998 Overlay Project Award Bid - 1998 Chip Seal Project C. Street Closures - 3 on 3 "Jam"boree - Kid's Parade D. Proclamations - Arbor Day - Blue Jeans Friday - Workers Memorial Day - Prayer Day E. Consent Agenda Approval - April 6, 1998 Donahue moved to approve the consent agenda as modified by Nystul. The motion was seconded by Nystul. There was discussion. Nystul, in referring to the overlay and chip seal projects, said he felt it would be prudent to do additional chip sealing in addition to what is in the contract up to the amount the budget allows. He said the overlay costs more than chip sealing and anything the City can do now in the way of extra chip sealing would reduce costs in the future. Boharski asked if another advertisement for bid had to be done if additional chip sealing was added. Public Works Director Jim Hansz said if the Council authorizes the Department to spend the budgeted amount, the additional work can be added to the existing contract. Nystul moved to amend the approval of the consent agenda by authorizing the City Manager and Staff to expend the extra available dollars for chip sealing. The motion was seconded by Scarf. f . The motion carried upon vote. HEAR THE PUBLIC Tatsy Guild, 3165 Foothills Road, spoke to the Council as a representative of "First Night Flathead." Guild said the huge New Year's Eve celebration would be centered in the downtown Kalispell area and she asked the Council to provide written support for the event. 1164 1164 REWHST FROM MICHAEL SEAMAN FOR SEWER_ CONNECTION-405 EAST COTTONWOOD Michael Seaman has requested the City authorize sewer connection to property located at 405 East Cottonwood in Evergreen. The request was denied at a meeting on March 16, 1998. Krepps explained that at the meeting March 16th, the City did not have the Consent to Annex Agreement from Mr. Seaman, but it was received this afternoon. Van Natta moved to accept the request from Michael Seaman for sewer connection. The motion was seconded by Larson. There was discussion. Nystul said he would like to add for the record that approval of the connection, if given by the Council, is for one service line and if the owner wishes to do anything more, the Council and Evergreen would have to concur. He added if the Council wants to agree with the philosophy of eliminating septic systems by bringing them into the municipal system, then the Council should take advantage of the opportunity by accepting the request. Atkinson asked if the parcel is located in the 100-year flood plain. Hansz answered the property is in the flood plain and that is another reason the Staff is recommending approval of the connection. Atkinson moved to amend the motion by requiring a Petition to Annex be filed prior to the connection. The motion was seconded by Donahue. Krepps said a Petition to Annex was received this afternoon along with the Consent to Annex and Notice of Withdrawal from the Rural Fire District. Atkinson said he still would like to include the requirement in the motion for the record. Atkinson then asked if the connection would allow the property to have more than two houses per acre. Narda Wilson of the Flathead Regional Development Office answered the zoning designation of this property is currently R-1, which requires a one -acre minimum lot size. She said if any additional uses to the service line were proposed, it would need to be approved by the Council. The amended motion carried upon vote. Boharski asked what size of line the City requires and what is involved from changing a service line to a main line. Hansz responded the minimum service line is four inches. He said if a main extension is to be made then an eight inch line is required by State law. Scarff asked what would keep other people from tapping into the service line. Hansz said that's a concern that most utilities have to deal with but it will be monitored periodically by the Evergreen District employees who are as concerned as the City about maintaining the integrity of the system. Donahue said he has an uneasy feeling about the connection because the owner may come in later and ask for connections to the other lots he owns. He asked if there is any way of keeping track of the 1165 1165 development and if the Council can deny future requests for houses adjacent to the property. Hansz said if any additional houses were to be built, the owner would have to apply for a flood plain development permit which would alert the City of the development. The motion carried upon vote with Donahue, Graves, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor and Atkinson voting against. AMENDMENT - CAA INTERL.00AT_. AGREEMENT The County Administrative Board has requested an amendment to the Interlocal Agreement which would add an additional representative to the Board and allow the Board Chairman to vote only to break a tie. Krepps explained the amendment was proposed by Whitefish Mayor Michael Jenson. He said he did inform board members that Kalispell has appointed a committee to review the agreement, but the board went ahead and approved the ame-.dment. Donahue said he feels the amendment is premature because the committee was established to look at the entire agreement and the amendment just deals with a portion of it. Van Natta agreed saying if the Council is to consider the amendment then it ought to be brought in line with Ordinance 1166. No motion was made. RESGLUTIGN 419 B -- �UTLA 4--INN/S.ITY_4F RALI S pFT.T.__ PROPERTY EXCHANGE During a recent survey it was discovered that 18th Street between 3rd Avenue East and Highway 93 ecroaches on some parcels of property owned by the Outlaw Inn and Richard Dasen. Neier explained the exchange is needed to assure that the respective parties have title to the property they occupy. He recommends authorization for the exchange of the property. Larson moved Resolution 4398, a resolution authorizing the exchange of land between the City of Kalispell, and Richard A. Dasen and The Outlaw Inn, a Montana Joint Venture, for the purpose of properly aligning 18th Street between 3rd Avenue East and U.S. Highway #93 South. The motion was seconded by Nystul. With a roll call vote the motion carr-Led with Atkinson, Donahue, Graves, Larson, Nystul, Scarff, van Natta and Mayor Boharski voting in favor. Cleaning and inspection_ of the wastewater plant has shown the digesters need repair of support rods with corrosion repair work needed on the boiler gas piping along with similar work necessary inside the fermenter. Public Works has requested a budget amendment for the repairs along with Council's approval of an addendum to the contract with Morrison-Maierle. Krepps explained the repairs need to be made as soon as possible. He said to do that the Council needs to approve Resolution 4399, which sets a public hearing on the budget amendment, and the Council needs to approve the addendum to the contract. Atkinson moved Resolution 4399, a resolution calling for a Public Hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1997-98 Budget adopted by the City Council for the sewer fund, Wastewater Treatment Plant equipment replacement (capital improvement) account. The motion 1166 was seconded by Graves. There was discussion. Larson asked if the Council should be approving the addendum prior to the public hearing. Neier said the City has.enough money in the utility reserve fund to pay for the improvements. Hansz said he would like to encourage the Council to approve the addendum to get the process started. He said the entire bid package needs to be put together and placed in front of the contracting companies in a timely manner. Hansz said by doing that the work can be done before next year. Boharski asked Neier if the budget amendment fails, could the Council then rescind the contract with Morrison-Maierle. Neier answered the engineers would be entitled to some compensation regardless because the City would have signed the contract. Hansz said the Council shouldn't be concerned about paying the engineering contract because even if the addendum fails there is still money elsewhere in the budget to pay for it. With a roll call vote the motion carried with Atkinson, Donahue, Graves, Larson, Nystul, Scarff, Van Natta and Mayor Boharski voting in favor. Scarff moved approval of the addendum to the engineering contract with Morrison-Maierle to allow the design of the digester cleaning project to begin. The motion was seconded by Larson. There was discussion. Nystul questioned the amount of $5,400.00 listed in the addendum for evaluating the bids and bid questions. He said forty (40) hours for the Senior Engineer and twenty-four hours (24) for the Corrosion Engineer seem excessive. Hansz said just because there is approval for a certain amount of money doesn't mean "we have to spend it." He pointed out the original contract was, like the addendum, a not - to- exceed - cost contract in the amount of $44,540.00 and the first phase was completed for $38,941.00. Hansz said the work is monitored very closely and the time spent is appropriate to the work done. He said the hours listed for something this complex are not excessive. The motion carried upon vote. ORDINANCE 1286 - ZONING -TEXT AMENDMENT MANUFACTURED__JiOUSING - 2ND R RAnIN[� This ordinance, which brings the City into compliance with the federal regulations for manufactured housing, was passed by the Council on first reading April 6. Van Natta moved the second reading of Ordinance 1286, an ordinance amending Section 27.22.030 and 27.37.010 (133) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the design standards for single family dwellings to allow for manufactured housing meeting U.S. Housing and Urban Development standards, and declaring an effective date. The motion was seconded by Graves. There was discussion and Narda -�Tilson answered questions. Nystul said his understanding is that the City has three types of construction; manufactured homes, modular homes and site built homes. He said this ordinance deals with the manufactured homes and would permit these homes to be located in any residential zone 1 1167 1167 within the City limits. Wilson disagreed, saying the ordinance would allow a double wide, manufactured home, in any district that allows a single family dwelling. Nystul responded that's the problem. He said if a single family dwelling is allowed next door to the Conrad Mansion, then a manufactured home would be allowed also. Nystul said the problem is compounded because the definitions in the zoning regulations are confusing. He said in the regulations there are definitions for manufactured homes and mobile homes, but none for a modular home. Wilson said that could be confusing, and the definitions will be addressed when the zoning regulations are updated, however, for the purpose of bringing the current ordinance in compliance with federal regulations the proposal before the Council does that. She said she is unclear as to the Council's concerns. Nystul said there are two concerns; one, the City is not clearly distinguishing between a modular home and a manufactured home, and two, the City's zoning ordinance perhaps does not meet the criteria that you don't use the building codes to decide what can be built in what zones. He added the Council might need to "step back" and look at these issues before passing this ordinance on the second reading. Wilson stated by determining what areas manufactured housing would be appropriate or inappropriate would be a deviation from what is currently allowed under the zoning regulations. Nystul said in other words, the ordinance does not "worsen" the City's position in where manufactured housing is allowed. Wilson commented that by adopting the resolution, she feels the City would be encouraging a "better quality of housing stock" by establishing thresholds on what is considered a manufactured home. She said the Staff's original recommendation was to add a provision that a manufactured home could not have been previously located, but the Planning Board deleted it. Wilson said if the Council adds that requirement, it would ensure that a manufactured home would be new. Nystul moved an amendment to the main motion by adding to Section 27.37.030 the language that says "and have not been previously located." The motion was seconded by Atkinson. There was discussion. Boharski questioned Wilson as to why the Planning Board didn't accept the Staff's recommendation of adding the requirement. Wilson answered the Planning Board, if she remembers correctly, felt the "not previously located" portion would require that manufactured homes be new and some board members felt that would be unfair. Boharski said he has a similar concern because you could have a perfectly acceptable place to-t i,ad been, located somewhere else for a very short period of time and the amendment wouldn't allow it to be moved within the City. Wilson commented that even with the amendment, if a party wants to move an existing manufactured home, a variance could be requested. The amendment carried upon vote with Atkinson, Donahue, Graves, Larson, Nystul, Scarff and Van Natta voting in favor, and Mayor Boharski voting against. 1168 1168 With a roll call vote the main motion carried with Atkinson, Donahue, Graves, Larson, Nystul, Scarff, Van Natta and Mayor Boharski voting in favor. ORDINANCE 1287 - ZONING __TEXT _AMENDMENT -_ DAILY INTER LAKE - 1ST READING The Daily Inter Lake has requested the Council amend Section 27.15.040 of the Kalispell zoning Ordinance by establishing a minimum rear yard setback of ten (10) feet instead of the existing twenty (20) feet. Krepps explained the Planning Board, in a 8-0 vote, recommended approval of the zoning text amendment. Larson moved the first reading of Ordinance 1287, an ordinance amending Sections 27.14.040 and 27.15.040, of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by establishing a minimum rear yard of ten (10) feet in General Business (B-2) and Community Business (B-3) Zoning Districts, and declaring an effective date. The motion was seconded by Scarff. There was discussion and Wilson answered questions. Atkinson asked if it is necessary to make the change in all B-2 and B-3 zoning districts in order for the Daily Inter Lake to expand. Wilson answered it's not necessary, but the Planning Board thought it would be appropriate as part of the zoning regulations update. She said with the high price of commercial land in Kalispell, the change makes better use of commercial property. Atkinson said he feels higher density in the business area is good, but he wants everyone to be aware the back sides of the buildings will look different because the text amendment would allow buildings to be built closer to the alleys. With a roll call vote the motion carried with Atkinson, Donahue, Graves, Larson, Nystul, Scarff, van Natta and Mayor Boharski voting in favor. APPOINTMENT _-_ AIRPORT_ AVISORY_BOARD Mayor Boharski explained two (2) people have applied for the vacancy on the Airport Advisor- Board and he concurs with the Board's recommendation that Fred Leistiko be appointed. Nystul moved concurrence with the appointment of Fred Leistiko to the Airport Advisory Board. The motion carried upon vote. COUNCIL COMMENTS/OUESTIAM Nystul asked Krepps if he was planning any meetings with small groups of Council members tc discuss strategy for contract negotiations between the City and the Police and Fire Departments. Krepps answered he would preferetc meet on a one to one basis to discuss guidelines and perimeters. He added by even meeting in small groups they may be violating the open meetings law. Nystul said he feels it's important to share ideas because each one of the members are coming from a different direction. He said he would prefer to have all Council members meet at the same time if possible. Neier told members any meeting would have to be less than a quorum if they didn't want to be subject to the open meetings law. Hansz introduced Richard Ammerman, the new Assistant City Engineer. 1169 Boharski commented that at the March two issues were discussed, and the fire training tower. 1169 Joint Committee Meeting held in the gas and electric utilization Krepps said the gas and electric usage will be presented to the Council before the next Joint Meeting and the City has received a tape concerning fire training with costs ranging from $50,000.00 to $150,000.00 for materials only. Krepps added the 911 consolidation, also brought up at the joint meeting, has been tentatively set for discussion at the May llth workshop. Boharski told Police Chief Ad Clark that during a drive by Sunday morning he noticed that six police cars were parked behind City Hall. He asked if Sunday morning is an extremely light time. Clark said on Sunday morning there are only two officers on shift. He said one officer was writing a report in the station and one was on patrol. With a total of seven cars that leaves six parked. Donahue asked Krepps to obtain a list of fees and fee schedules from Glacier International Airport. He said last Thursday, on invitation from the Pilot's Association, he and Krepps attended a meeting at which he learned the City's Airport is thought of as a compliment to Glacier International. He said Monty Eliason, Manager of Glacier Airport, indicated small planes are often directed to the City's Airport for various reasons. Donahue added the County receives a fee from each plane that lands at Glacier and he feels the City should also be getting paid. Donahue then asked the Staff to pursue the purchasing of the valley Bank parking lot. Boharski said at the last Airport Authority meeting the Council had inquired as to the possibility of an emergency ordinance clarifying the Object Free Area on the Airport. He asked if that has gone to the Planning Board. Krepps answered it hasn't yet because of a staffing problem. Wilson said the biggest question that needs to be answered first is what type of airport the City is going to develop. She says until the FAA Master Plan is completed it would be premature to adopt any airport or overlay zoning. Atkinson moved to adjourn. The motion was seconded by Graves. The motion carried upon vote. ADJOURN The meeting was adjourned at 9:00 p.m. WM.E .bohay.*i . Wm. E. Boharski, Mayor ATTEST: Theresa White Clerk of Council approved 5/4/98