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01/04/99 City Council Minutes1381 1381 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JANUARY 4, 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 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 with discussion of the City Manager Selection being added as number 10 and Council comments being moved to number 11. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting December 21, 1998 B. Approval of Claims per Payables Register-$193,557.58 Atkinson 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 Alex Hilton, Kila, asked the Council to rescind the offer it made to Nystul for the City Manager's position and to reopen the search for a "more qualified and experienced candidate." Ann Stafford, Arizona Street, read a statement saying she and many others feel the Rules of Conduct are being violated by allowing Nystul to run for City Manager and by allowing Neier to simultaneously hold the positions of the City Attorney and the Acting City Manager. She asked that the establishment of an Ethics Review Board be put on the January 19th Council Agenda. Marye Flowers, 2770 Upper Lost Creek Road, whitefish, stated a Cost of Service Study for Flathead County has just been completed and she invited the Council to review the results at a workshop at Cavanaughs on January 29tn. PUBLIC HEARING - MASTER PLAN AMENDMENT REQUEST - BIL.T. LINCOLN Bill Lincoln, the owner of property located adjacent to Conrad Drive, has made an application to amend the land use designation of his property from "open space" suburban residential, and transitional, to Resort Commercial. Boharski opened the Public Hearing and explained Lincoln will be given a chance to present his proposal followed by Staff reports, proponents and opponents, and then giving Lincoln time to respond. Atkinson protested the procedure stating this hearing is set for the public to speak and the developer should not be giving another presentation. Atkinson moved the Council exclude the Staff reports, listen to the proponents and opponents, with the developer's comments being included in the proponent's time, and omit any rebuttal. The motion was seconded by Larson. There was discussion. Donahue commented that during the Planning Board's hearing, the developers are allowed to speak and present any documentation they want. He said the public hearing is for the public and the developer is part of the public. 1382 1382 The motion carried upon roll call vote with Atkinson, Graves„ Larson, Scarff and van Natta voting in favor, and Donahue, Haarr, Nystul and Boharski voting against. Proponents Bill Lincoln, 855 Conrad Drive, said the proposed RV Park has become synonymous with a highway link. He said originally he had envisioned a residential development but was told by FRDC that a piece of property, right in the center, was to be taken for right- of-way. Lincoln said because of the road, a residential development became impossible and an RV resort became the best possible use of the area. He said the highway concept through his property wasn't his idea, he's just trying to make the best of it. Jay Billmayer, Consulting Engineer, stated concerns have been expressed by the Planning Board about the Flood Plain. He said the recommendation by the Board to deny the proposal was based on the current Flood Plain Map, which he says is in error. He said he has studied the map in detail and has worked for the past seven years to get the errors corrected. Billmayer said even though the evidence is overwhelming, the County is dragging its feet in conducting a new study and in the meantime land owners are suffering. He asked the Council not to put too much weight on the mapping because the maps are wrong. Charles Johnson, Flathead County Road Superintendent, commented the road planned across Lincoln's property is extremely "do -able." He said the only major problem he can see is financing. Max Battle, 137 Mallard Loop, Whitefish, said he is concerned about the proliferation of single-family homes on the Flathead River and how it changes the river bank. He said Lincoln's proposal will change the river bank "very little, if at all." Greg Ellingson, 133 Cardiff Avenue, said he moved from Conrad Drive because of the frequency of accidents. He said if Highway 2 was extended, this hazard would be eliminated. Mark Agather, 540 6"' Avenue East, President of Flathead Business and Industry Association, said the Association unanimously approved the project. He said the Association believes the downtown area will not become a financial center until the City gets a hold on the current traffic pattern and the project will help with that. Rich DeJana, 422 Summit Circle, said this is a well thought-out plan and if the road is developed, this project fits with it. He said if the road doesn't happen, then neither does the development. Greg Stevens, member of City -County Planning Board, urged the Council to reconsider it's motion to disallow rebuttal. He said by prohibiting rebuttal, the Council is stifling a free flow of information that is necessary to good decision making. He stated he voted against the proposal at the Board hearing but only because he had concerns about water quality. He said since that time he has researched the issue further and if he had to vote again, he would vote in favor of the project. Stevens said he feels the proposal has a lot of merit and should be given serious consideration. Brent Hall, 1395 Creekside Drive, commented he is a firm believer in this project because it's time we help citizens find ways to make their projects work instead of finding ways to stifle them. Marshall Murray, Attorney, 17A lst Avenue East, said he was a member of an ad hoc committee studying the bypass and because of funding, he doesn't think the west side proposal will ever happen. He said the Valley does however, have the opportunity to complete the east side project and it's essential the road is completed for safety and traffic concerns. Tom Hall, 1723 Foys Lake Road, said the flood problem should not concern the Council because the RV Park would be mobile. He said the project would enhance the area and he agrees that there's a dire need for that road. 1383 1383 Jim Lynch, 430 Lakehills Lane, said there needs to be some economic vitality in and around the City. He said the RV Park will give a haven to the people who visit, will add ticket sales to the Central School Museum and help the downtown businesses. Jack Barrett, 1045 Conrad Drive, said the project could be a wonderful recreation area close to Kalispell. He said the road "is a terror" and something has to be done. Dave Meredith, 280 Summit Ridge Drive, said he uses the road everyday and "it's a disaster." He said he hopes the Council approves the project and improves the road all the way to Highway 2. Terry Powell, 1719 Foys Lake Road, urged the Council to vote in favor of the project, which he feels will be "in tune" with the environment. Bob Harris, 853 Highland Drive, also encouraged the Council to vote in favor of the project. Doug Dall, 322 E1 Rancho Road, said it's Lincoln's property and he should be able to do anything he wants with it. Craig Witte, 131 Collier Lane, said it's a nice -looking project and if it helps improve the extremely dangerous Willow Glen Road, then he's all for it. Frank Pancoast, 3308 Swan Highway, said he owns property off South Cedar and was originally concerned about the project, but after seeing the plans he's in favor of the development. Dallas Herron, 131 Hilltop Avenue, said he's in the business of hauling hazardous materials and he worries about accidents occurring in Kalispell and would welcome another way around the town. Jean Johnson, 787 North Main, said he's in favor of the project but wants to remind everyone this is just the initial stage and there's a/ lot of planning that remains. ]boug Tiffany, Kila, said something has to be done with the traffic. Opponents Neil Brown, member of Flathead Audubon Society, said the Society is opposed to the project. He said if the ground level has to be raised, it's going to cause flooding that will affect everybody. Richard Cole (Kola?), 867 North Main Street, said it doesn't make sense to allow development in a flood plain when the local governments are spending tax dollars to move people out of the flood plain. He said he's opposed to the land use change and if the road is that important, then you deal with it separately. Wayne Worthington, 365 Summit Ridge Drive, said he's not only opposed to the project because of the flood plain, but is also concerned that City taxpayers will end up paying for sewer service. ` Mike Smith, 684 Willow Glen Drive, President of Greenacres Homeowners Association, said he's noticed the majority of the people in favor of the project don't live on Willow Glen Drive. He said the homeowners directly affected are strongly opposed to a bypass in front of their residences. John de Neeve, 670 Concord Lane, said he also strongly opposes the project. He said he loves the rural feeling near his home and he's concerned the character of the entire area will be changed. Mayre Flowers, Citizens for a Better Flathead, said the Council needs to look at the serious complications that could occur if the Master Plan is amended. She asked the Council if another, commercial corridor really needs to be opened, especially one with significant environmental concerns. 1384 1384 Candi Naylor, 1579 Haven Drive, said she is a representative of the Greenacres Homeowners Association and she feels it's appalling the Master Plan may be amended without public review. She said maybe the decision of the Willow Glen Road has taken so long because it's not the right thing to do. Christina Granrud, 636 Willow Glen Drive, said no matter what you call the road extension, it's still a bypass and she doesn't want her children or others put in harms way. She said despite the comments the flood plain maps should be changed, at this time they are still the legal, binding and lawful maps that should be considered. Bill Breen, 335 Mountain Meadow Road, Member of Flathead Audubon Society and Citizens for a Better Flathead, said this sight is unsuitable due to the flood history in the area. He said the current zoning already gives Lincoln considerable use of his land. Brent Mitchell, 9960 Kienas Road, said this is a further inroad into flood plain areas and if there is a flood, any toxic materials will be washed downstream into the rivers and lake. He said we already have enough problems in the river corridors. Dr. Marise Johnson, 643 Leisure Drive, said she bought her property because it was zoned residential and the bypass had been decided for the west side. She said officials need to address the safety issues on Willow Glen Drive before they increase traffic on it. Sally Delby, 1740 Woodland Avenue, asked the Council to listen to the professionals who have already decided the bypass should be located on the west side of Kalispell. Linda Winnie, Kila, said she's concerned about the effects the proposed development will have on ground water and the Flathead River system. Donahue said most of the speakers were concerned with traffic and asked Lincoln if he's looked into what's planned for the road. Lincoln said the traffic is already there. He said in the summer, seventy or more trucks travel that road, and while he can understand their concern, this is a window of opportunity to make the road safer. Atkinson asked for a point of order by saying the Mayor should close the public hearing before the Council asks questions. He said the proper procedure would be for a motion to be made'on(the Resolution to Amend the Master Plan and then Council could gather information. Boharski said according to the procedure the Council�'is following, this is the time for the Council to ask questions. Donahue asked if there is any other reasonable use for the property. Lincoln answered it depends on the road. die" said FRDO has recommended a cluster development, which he agrees with, if the road doesn't materialize. Haarr said he's confused as to the exact number --of acres the proposal wants to change from the "Open Space and Suburban Residential" to "Resort Commercial." Lincoln answered approximately one hundred and twenty five. Boharski asked Billmayer to expound on the State Statutes concerning water quality. Billmayer stated there are many requirements concerning storm water runoff and sewage treatment that Lincoln will have to comply with no matter how he develops the property. He said permits are required for almost every step that would be taken on the property. 1885 1385 Larson commented that despite the argument the flood plain maps are wrong, an application for a flood plain revision has not been filed and therefore the current figures stand. He said the Council has to look at what the map presently shows. Billmayer disagreed, stating the community, once it knows the figures are wrong, are required to conduct a new study. He said FRDO has been aware of the errors since 1992, but hasn't taken any steps to correct the situation. Atkinson asked Steve Kountz, FRDO, why the Planning Board has recommended denial of the amendment. Kountz said the Planning Board determined the proposed change is inconsistent with the surrounding residential property, residential uses and residential zoning that are designated in the Master Plan. He said there was concern that once commercial development starts to occur then it tends to spread. Kountz said as far as the environmental issues, the main concern was the flood plain. He said approximately 85 percent of the site is in the flood plain and 55 percent is in the flood way. Kountz said even though there has been criticism of the maps, these are the maps the Planning Staff have to consider. He added he's not aware that Flathead County has to update those maps. Kountz stated another issue is that the project is not in the Evergreen Water and Sewer District and the Council would have to agree to provide sewer and water. Boharski closed the public hearing. RESOLUTION 4442 - RESOLUTION ADOPTING A PROPOSED AMENDMENT TO THE TTY - COUNTY MASTER PLAN RESOLUTION 4442A - RESOLUTION REJECTING A PROPOSED AMENDMENT TO THE CITY -COUNTY MASTER PLAN Atkinson moved Resolution 4442A, a resolution rejecting a recommended amendment to the Kalispell City -County Master Plan. The motion was seconded by Van Natta. There was discussion. Atkinson said several speakers spoke about the road, but that's not the issue. He said the request is for a Master Plan Amendment and if the Council is basing its decision on the road, then it's premature to vote at this time. Atkinson said he's also concerned with the City providing water and sewer when there's no possibility of an annexation and of the likelihood of strip development. Larson agreed, stating the Planning Board has denied the request and it isn't recommended by either the current Master_ Plan or the proposed Master Plan. He said he's also against the change because of the flood plain and because the road, despite what anyone says, would become a defacto bypass and would not help downtown businesses Haarr commented the City is partners with the County -in this land - use change and he feels the lead should be --taken by the Commissioners. Haarr moved to table the motion until the Commissioners take a vote on the amendment. The motion was seconded by Donahue. There was no discussion. The motion carried upon roll call vote with Donahue, Graves, Haarr, Nystul, Scarff and Boharski voting in favor, and Atkinson, Larson, and Van Natta voting against. RESOLUTION 4141 - AMERICAN LAND AND DEVELOPMENT, INC ANNEXATION American Land and Development, Inc. has made an application to annex and zone certain real property located along Willow,Glen Drive at Kelly Road. The property comprises approximately 28.91 acres totally within a subdivision known as Willowbrook.- which is within the area of the Kalispell Extension of Services Plan. The Staff and the Planning Board have recommended approval of the annexation. 1386 1386 Haarr moved Resolution 4343, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property described in Exhibit A, to be known as Willowbrook Addition No. 288; to zone said property Residential, R-2, to amend the City Zoning Map accordingly and to declare an effective date. The motion was seconded by Graves. There was discussion. Haarr stated the Council, from the beginning, has been in favor of this project and the establishment of a culvert under Willow Glen Drive to help with groundwater problems. He added once the City annexes this area there can be an "orderly annexation of the balance of that property." Nystul said he feels the site is too far from the City. He stated it would "give a start" to annexation in that area but wonders if it's in the best interest of the City. Nystul said he feels it would be better to annex this area when it's part of a larger area. Donahue agreed, saying this type of annexation builds too many problems to run services this far. Kountz commented the developer, on the belief the subdivision would be annexed, has proceeded in good faith by installing streets and infrastructure to City standards. Scarff stated he's opposed to the annexation at this time and feels the Council should wait until the entire area can be brought in. Van Natta said he feels this is an opportunity to annex this development without a "fight over a waiver" and would also bring taxes to the City for the services that are being provided. Boharski said he feels there's a good faith issue when thii='Cbuncil indicated it would move forward with the annexation when the time came. The motion carried upon roll call vote with Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson, Donahue and Nystul voting against. ORDINANCE 1299 - INITIAL ZONING OF R_2 - 1ST READING The property listed under Resolution 4442 is currently zoned one Family Residential, R-3, under the Flathead County Zoning Regulations. In order to conform to the Kalispell Zoning ordinance, the property needs an attached City zone of Residential,-R-2. Haarr moved first reading of Ordinance 1299, an ordinance�to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described in Exhibit A (Previously zoned County R-3, One Family Residential), City R-2, Residential, in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded by Nystul. There was discussion. Larson asked for the difference between the two zoning designations. Kountz explained they're essentially the same with a slight difference in. dwelling size. He said County R-3 requires`_a 10,000 square feet minimum whereas the City R-2 requires 9,600 square feet. The motion carried unanimously upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, van Natta and Boharski voting in favor. ORDINANCE 1297 - CRA-LON ZONING OF R-3 - 2ND READING At the last meeting the Council approved zoning of certain real property located on College Avenue and Sylvan Drive as Residential (R-3) in accordance with the Kalispell City -County Planning Board and zoning Commission recommendation. 1387 1 1 1387 Larson moved second reading of 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 County 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 Scarff. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, and Graves voting against. RDINANCE 1298 - STANLEY PINE ZONE CHANGE FROM RA-1 TO RA-3 - 2ND Stanley Pine has applied for a zone change to certain real property located near the intersection of U.S. Highway 93 North and Indian Trail from Low Density Residential Apartment, RA-1, to Residential Apartment Office, RA-3. The Zoning Commission has unanimously recommended the zone change. At its last meeting, Council passed the 1" reading of the ordinance. Donahue moved second reading of Ordinance 1298, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described in Exhibit "A" (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 Nystul. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski- voting in favor, and Graves voting against. ORDINANCE 1300 - SPECIAL STREET MAINTENANCE AD�'RUSTMENT - 1ST READING Ordinance 1300 adjusts the Special Street Maintenance District Ordinance to allow for a reduction of assessments for individuals when the assessment is larger than the benefit they derive from the service. Donahue moved first reading of Ordinance 1300, an ordinance amending Ordinance No. 1035 by providing a method for adjusting Special Street Maintenance Assessments, and providing an effective date. The motion was seconded by Nystul. There was discussion. Donahue commented this ordinance sets up the appeal -process for individuals who feel they are unreasonably assessed and allows the Council to consider what is equitable. The motion carried unanimously upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Vaii^ Natta and Boharski votinq'in favor. ORDINANCE 1301 - UNIFORM BUILDING CODE, ET AL. 1ST REARING The Montana Department of Commerce, Building Codes Division, has adopted various uniform codes applicable to building within the State of Montana. The City of Kalispell, if it wants to retain its building enforcement system, must adopt those same codes. Nystul moved first reading of Ordinance 1301, an ordinance to adopt, by reference, the "Uniform Building Code," 1997 Edition; the "Uniform Mechanical Code" (ICBO version), 1997 Edition; the "Uniform Plumbing Code," 1997 Edition; the "Council of American Building -Officials, One & Two Family Dwelling Code," 1995 Edition; The "Uniform Code for Abatement of Dangerous Buildings," 1997 Edition; the "Uniform Housing Code," 1997 Edition; and the "Model Energy Code," 1993 Edition; as the Building Codes of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Division, Department of Commerce, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded by Larson. There was discussion. Larson inquired as to why the Uniform Fire Code isn't being adopted at the same time. Neier said the State hasn't sent the documents for the Fire Code, but he'll check on it. Donahue commented the ordinance doesn't change the fee schedule, which is mentioned in Section I for the Building Code, but isn't mentioned in the sections concerning the Plumbing and Mechanical Codes. Neier said he would add similar wording to those sections prior to the second reading. Van Natta said if the fee schedules aren't changing, then the first paragraph on the second page should be deleted. [The fee schedule adopted by the Department of Commerce, Building Codes Bureau, State of Montana is hereby adopted by the City of Kalispell] Neier said that paragraph was included in the packet sent from the State and he'll check to make sure it's removed. The motion carried unanimously upon roll call votewith ,Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, van`_Natta and Boharski voting in favor. Nystul excused himself from the remainder of the meeting. CITY MANAGER SELECTION Boharski explained the Council voted to offer the position of City Manager to Gary Nystul and a date certain should now --be set for Nystul to accept or reject the offer. Boharski asked for a motion that Wednesday at 5.00 p.m. be set as the time for Nystul to respond. He said if Nystul accepts the offer then Neier should be given the authority to enter into a contract with him. Boharski said on the other hand, if Nystul rejects the offer, then Neier should be given the authority to contact Al Theleri_ to see if the City can hire him as Interim Manager. Donahue so moved. The motion was seconded by Graves. There was discussion. Neier explained the final offer to Nystul includes_ a salary of $57,500, a one-year contract and three months severance. Ho said the offer was made after calling each Council member ana"getting a consensus from the majority. -- Atkinson asked if, by law, a Council member is allowed to run for the position of City Manager while still holding the position of Councilman. Neier answered there's nothing in the law prohibiting' -it. The motion carried unanimously upon vote. COUNCIL COMMENTS/INFORMATION,/QUESTIONS Larson, stating the television cable was out at the beginning of the meeting, re -read the written statement given by Ann Stafford, Donahue commented the City has spent two and a hai- mzI'lion dellars on the renovation of Central School and the keys_ Wre ec ntly 1389 1 1 1389 turned over to the Historical Society by the Assistant Fire Chief. He said he was disappointed the Council wasn't included in the exchange with some sort of ceremony and possibly a tour arranged. Boharski said he's bothered by all the negative and belittling comments recently made to the Council and feels the City is moving forward in many areas better then ever before. ADJOURN The meeting was adjourned at 11:15 p.m. ATTEST: dc. � A-1 - Theresa White Clerk of Council approved January 19, 1999 r I.Boharski . Wm. E. Boharski, Mayor