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04/05/99 City Council Minutes1424 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 5, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. COUNCIL MEMBER NORBERT DONAHUE 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 Nystul. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting March 15, 1999 B. Approval of Claims per Payables Register-$461,768.27 C. Authorize Advertisement for Bid - Central School North Parking Lot D. Authorize Advertisement for Bid - 1999 Chip Seal Projects & 1999 Overlay Projects E. Authorize Advertisement for Bid - Base Radio Network Console Upgrade for Police and Fire Departments Atkinson moved approval of the Consent Agenda as presented. The motion was seconded by Van Natta. There was discussion. Nystul proposed two additions to the minutes. He said the first is to add that the City recognizes Orland Leland's many years of service and that he is scheduled to retire March 31st. Nystul said the second addition would be to include all the bids submitted for a new fire engine. Boharski questioned a claim from the City to the Flathead Regional Development Office in the amount of $290.00. Thelen explained the payment is part of the zoning administration fee in the extra territorial area and is simply a pass through. The motion carried unanimously upon vote. HEAR THE PUBLIC Wayne Worthington, 365 Summit Ridge Drive, stated he will miss the public hearing on the Waterford Planned Unit Development and wanted to inform the Council he is opposed to the project. Bill Goodman, 1275 Lower Valley Road, spoke in favor of the text amendment allowing micro -breweries in the B-3 Zoning District and suggested similar zoning for the B-4 District. Wes Higgins, 2710 Airport Road, representing Montanans for Better Government and Montanans for Property Rights, asked the Council to separate the City from the Montana League of Cities. John Campbell, 655 Lang Creek Road, Marion, asked the Council to vote in favor of his request to operate a micro -brewery in conjunction with Little Big Man. 1425 Terry Anderson, 123 Fairway Boulevard, owner of Little Big Man, asked for support of the Lang Creek Zoning Text Amendment. Sandy Mueller, 421 2nd Avenue West, asked the Council to support the Zoning Text Amendment request by Michael Hanchett. She said by allowing single-family residences, duplexes and multi -family residences as permitted uses in the B-4 Central Business District, it would also allow her to remodel her home. DEVELOPERS AGREEMENT WITH CITY SERVICE - WESTBROOK SQUARE City Staff has negotiated a Developers Agreement with City Service in accordance with Council direction. The company has provided a public easement so the City can reimburse the company for all of the landscaping, beautification, sidewalk and curb work on the right-of-way and in the public easement. The estimated cost is $53,035 and will be appropriated from the West Side Urban Renewal fund. Larson moved approval of the Developers Agreement with Northwest Investments Partnership, L.L.P. The motion was seconded by Graves. There was discussion. Nystul stated a portion of the agreement says the City will review and approve the infrastructure and landscaping improvements and asked who in the City would be responsible for that. Neier answered the Public Works Department. He said the developer is aware of that but to avoid any confusion he can insert it in the agreement. The motion carried unanimously upon vote. REQUEST FOR PROPOSAL - LOT 1 OF DALEY FIELD The City Attorney has prepared a solicitation of offer to purchase or lease a 2.98 acres parcel referred to as Lot 1 of the Daley Field Subdivision. The offering document establishes a fair market value of $4.00 per square foot or approximately $519,000. If leased, the City will require an annual lease payment to be approximately 100 of the value of the property. Proposals will be accepted until June 9, 1999. Larson moved approval of the solicitation of offers to either purchase or lease the Daley Field property, 2.98 acres. The motion was seconded by Atkinson. There was discussion. Van Natta suggested for clarification, the solicitation needs to point out the height restrictions attached to the property. Neier stated the request refers to the ordinance dealing with the airport boundary description, but he agreed it would be clearer if he attached the document. Nystul commented there is only one paragraph devoted to leasing and feels the solicitation of offers needs to either describe the terms, or state that the proposer should suggest terms. Neier answered the intention is that the City is willing to look at any offer as long as it's not subordinate to any mortgage and the annual lease payment is 100 of the property value. Scarff said he's opposed to the language establishing the fair market value at $4.00 per square foot. He said it's a lot harder to "go up in price then come down". 1426 Nystul commented on Page 11, buyers are encouraged to engage professional real estate brokers to act as their agent. He said the buyer can decide what's in his own best interest and that paragraph should be stricken. Neier agreed to remove that language from the request. Graves stated the City has to obtain as much money as it can for the taxpayer and it's some of the best property in the valley. He said he agrees with Scarff that a set price should be removed. Scarff moved to amend the motion by striking any reference to price in the solicitation of offer. The motion was seconded by Graves. The amendment carried unanimously upon vote. The main motion carried unanimously upon vote. LOW-COST EVALUATION OF WWTP CAPACITY AND UPGRADE FEASIBILITY Public Work Director Jim Hansz has received three requests from consultants to evaluate the capacity and upgrade potential of the Waste Water Treatment Plant. The estimated cost of the study is $10,000 and could be completed in approximately 60 days. Thelen explained the plant, at peak season, is operating at 58% of capacity. He recommended the evaluation be postponed until the plant reaches a higher capacity of usage. In addition, Thelen said it takes a couple hundred hours of staff time to administer a contract and at this time, Public Works' "'plate is pretty full." Boharski said even though the City hasn't reached the 75% capacity, he feels it's important to find out what's going to be involved in the future and he asked Public Works Director Jim Hansz to look into obtaining a report. Hansz explained the request would include an inexpensive, yet thorough evaluation of how well the plant is performing at the present and how difficult it would be in the future to expand. Atkinson asked Hansz whether the study should be done now, or whether the data received may have to be redone when the capacity reached 75%. Hansz answered he does feel the study would have to be done again because the City would be looking at the `real world then, rather than the hoped for world now". Haarr said he also would like to know how difficult it would be to expand, however considering the cost, he's not in favor of it at this time. He commented until the Council develops an aggressive policy where as many septic systems as possible are hooked onto the treatment plan, he feels the study is premature. Boharski stated he feels the Council can't discuss expansion of the City and hooking people onto the plant until the Council has an idea of what's involved to expand the treatment plant. Nystul said he feels it will be several years before the plant reaches the 75% capacity, and if the study is done now, he predicts it will sit on a shelf and be forgotten. The matter died for lack of a motion. RESOLUTION 4456 - PUBLIC HEARING NOTICE FOR BUDGET AMENDMENTS There are five budget amendments that need to be noticed for Public Hearing on April 19th. Each amendment requires an individual resolution and motion. 1427 A. RESOLUTION 4456 - UNIVERSAL POLICE GRANT This resolution will permit the City to move this grant program in the amount of $79,990 for two "COPS" officers to a special fund rather than the general fund. Scarff moved Resolution 4456, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council for the Universal Police Grant Program. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. B. RESOLUTION 4457 - WEST SIDE URBAN RENEWAL AREA This resolution will allow the City to appropriate funds from the West Side Urban Renewal Area that were not previously budgeted. Nystul moved Resolution 4457, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council authorizing the expenditure of funds not previously budgeted within the West Side Urban Renewal Plan Area. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. C. RESOLUTION 4458 - HIGHWAY TRAFFIC STUDY This resolution will allow the City to use a $10,500 grant for a traffic safety trailer for the Police Department. Scarff moved Resolution 4458, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council for the Highway Traffic Safety Grant. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon roll call vote. D. RESOLUTION 4459 - BIG SKY MANOR This resolution will provide budget authority to use UDAG funds for the loan to the Big Sky Manor developer, Hampstead Partners. Atkinson moved Resolution 4459, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council for the purpose of appropriating for the Big Sky Manor Loan. The motion was seconded by Nystul. There was no discussion. The motion carried upon roll call vote with Atkinson, Larson, Nystul, Van Natta and Boharski voting in favor, and Graves, Haarr and Scarff voting against. E. RESOLUTION 4460 - SID BONDS This resolution will allow the City to call an SID bond due to an early payoff. Graves moved Resolution 4460, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council for the payment of SID Bonds. The motion was seconded by Haarr. 1428 There was discussion. Nystul said he feels when the bonds are sold, that's the City' s authorization to spend it, and if the money comes in early, so be it. Neier answered the money wasn't appropriated, so he feels a budget amendment is in order. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Nystul voting against. RESOLUTION 4461 - RESOLUTION OF INTENT AND NOTICE OF PUBLIC HEARING FOR THE WATERFORD PLANNED UNIT DEVELOPMENT This resolution would establish a public hearing date of April 19th for the consideration of the Zoning and PUD Agreement for the Waterford Development project. Atkinson moved Resolution 4461, a resolution of intention to approve, modify or deny a Planned Unit Development Agreement for the Waterford on Summit Ridge, L.L.C. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1305 - ZONING TEXT AMENDMENT - MICHAEL HANCHETT - 1ST READING Michael Hanchett has requested a zoning text amendment to allow single-family residences, duplexes and multi -family residences as permitted uses in the B-4 Central Business District. Haarr moved first reading of Ordinance 1305, an ordinance amending Section 27.16.020 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by allowing single-family residences, duplexes and multi- family residences as a permitted use in the B-4, Central Business District, and declaring an effective date. The motion was seconded by Larson. There was discussion. Atkinson asked if there would be any cons in approving this change. Narda Wilson, FRDO, stated the only disadvantage she can think of is the possibility of displacing commercial development in the Central Business District. Nystul said that's the dilemma facing the Council. He said there's a large number of single-family residences in the B-4 zone and by adding the text amendment, owners will be allowed to add on and improve their homes. Nystul said on the other hand, by adding the amendment, the area now has a "laundry list" of uses that causes some concern. He said to address the needs at this point, he just doesn't know any other way to solve the problem at present other than this approach. Van Natta commented he's concerned that there are no setbacks or yard criteria included in the ordinance and asked if that shouldn't be added. Wilson said anything that's built would have to comply with the building and fire codes. Boharski stated he feels a mixed use area adds foot traffic for the Central Business District. 1429 The motion carried unanimously upon roll call vote. ORDINANCE 1306 - ZONING TEXT AMENDMENT - DELORIS PARTNERSHIP GROUP - 1ST READING Deloris Partnership Group has submitted a written request to amend the Zoning Ordinance to allow mini-storage/recreational vehicle storage as a conditionally permitted use in the B-2, General Business District. Haarr moved first reading of Ordinance 1306, an ordinance amending Section 27.14.030 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by including "Mini-Storage/Recreational Vehicle Storage" as a conditionally permitted use in the B-2, General Business District, and declaring an effective date. The motion was seconded by Nystul. There was no discussion. Boharski asked if the conditions recommended by the Planning Board become part of the ordinance. Neier answered the conditions were excluded from the ordinance and would have to be added by the Council. Atkinson moved an amendment by including in the ordinance the conditions set for the City -County Planning Board. The motion was seconded by Larson. There was discussion. Haarr stated he hasn't really had a chance to study the conditions, but he feels they just add costs to the developer and are not necessary. Atkinson said if the Council has an opportunity to set some standards that the community can live by, then it's the Council's responsibility to do so. Boharski said the downside of the amendment is that it ties the Council to those specific conditions and wouldn't allow as much flexibility. He added the advantage of adding the conditions is it gives the applicant direction of what's required at the very beginning. Nystul stated there are some merits to the conditions, but agreed there is also the possibility of some inconsistencies. He said the Council can delete parts of an ordinance on second reading, but can't add anything. Nystul said because of that, he's in support of the amendment and suggests the Council refine the conditions before the second reading. The amendment carried upon roll call vote with Atkinson, Donahue, Graves, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, and Haarr voting against. The main motion as amended carried unanimously upon roll call vote. ORDINANCE 1307 - ZONING TEXT AMENDMENT - LANG CREEK BREWERY - 1ST READING Lang Creek Brewery has requested a Zoning Text Amendment to allow "micro breweries and/or brew pubs in connection with a restaurant or tavern" as a permitted use in the B-3, Community Business District. Larson moved first reading of Ordinance 1307, an ordinance amending Section 27.15.020 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by including "Micro Breweries and/or Brew Pubs in connection with a restaurant or tavern" as a permitted use in the B-3, 1430 Community Business District, and declaring an effective date. The motion was seconded by Graves. There was discussion. Nystul suggested the definitions of "micro -brewery" and "brew pub" be included in the ordinance. Council concurred. Scarff inquired as to the amount of beer that would be produced and whether the building would be enlarged. Applicant John Campbell said the capacity of the brew pub would be about 1200 barrels a year which would mainly supply beer for the restaurant. He said the building would be remodeled, but the building size will remain the same. The motion carried unanimously upon roll call vote. CONDITIONAL USE PERMIT - DOS APARTMENTS OF KALISPELL Bill Schottelkorb, Ivan O'Neil and Craig Denman have requested a Conditional Use Permit to construct a ten -unit attached garage structure for use by residents of the Birchwood Apartment Complex. The Planning Staff and Planning Commission have recommended approval of the CUP subject to six conditions. Scarff moved approval of the Conditional Use Permit for DOS Apartments. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon vote. BOARD OF ADJUSTMENT REAPPOINTMENT Jerry Lyford's term on the Board of Adjustment expired in March, 1999 and he has sent a letter requesting reappointment. Boharski recommended Lyford be reappointed for an additional three year term. Haarr moved the Council approve the Mayor's recommendation to reappoint Jerry Lyford to the Board of Adjustment. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONFIRMATION OF MEMBER AT LARGE FOR THE CITY -COUNTY PLANNING BOARD The Planning Commission has requested the City of Kalispell and the Flathead County Board of Commissioners appoint Bill Rice as the joint member of the City -County Planning Board. Wilson commented the County Commissioners have already confirmed the appointment. Van Natta moved Bill Rice be appointed as the member at large to the City -County Planning Board. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon vote. AUTHORIZATION FOR COUNCIL MEMBERS TO ATTEND THE LOCAL GOVERNMENT OFFICIALS WORKSHOP IN BILLINGS Council members Dale Haarr and Doug Scarff have expressed interest in attending the annual workshop April 21st through the 23rd in Billings. 1430A Graves moved that Haarr and Scarff be allowed to attend the Local Government Officials Workshop and make a report to the Council when they return. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon vote. COUNCIL COMMENTS/INFORMATION/QUESTIONS Haarr, referring to a letter received from Dick Stotts, stated there's a large gravel pit being filled off of Grandview Lane and mud, rocks and debris is being tracked back onto the road creating a mess for area residents. He asked Hansz if he could look into the situation and possibly find a solution for cleaning up the street. Haarr said another issue is the intrusion of trees at that corner and even though they're on private property, maybe they could be trimmed back. Boharski reminded the Council of the Work Session on April 12th starting at 6:30 p.m. He said one of the items on the agenda includes the utility recovery system for Highway 93 South. Boharski stated he has received letters from landowners fronting Highway 93 South who are concerned about the utility extension and he has invited them to the work session to ask questions of City staff, the City's consulting engineers and a representative from the Montana Department of Transportation. Thelen said the consulting engineers and MDOT were not invited to the meeting but he would contact them and see if they can possibly make it. Boharski said he feels several of the landowners' concerns will never materialize, but he wants to give them an opportunity to ask questions. Nystul said he agrees it's a good idea, but with four items on the agenda he thinks the timing is tight and he would have preferred a separate meeting on the issue. ADJOURN The meeting was adjourned at 9:12 p.m. Wml laharski Wm. E. Boharski Mayor ATTEST: Theresa White Clerk of Council approved April 19, 1999