05/03/99 City Council Minutes1439
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 3, 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 AND CITY ATTORNEY GLEN
NEIER, CITY MANAGER CHRIS KUKULSKI AND INTERIM CITY MANAGER AL
THELEN WERE PRESENT. COUNCIL MEMBER RON VAN NATTA 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 with the deletion
of Item #5, Resolution 4472, Preliminary Plat approval for the
Westgate Subdivision, which was withdrawn at the request of the
applicant. The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting April 19, 1999
B. Approval of Claims per Payables Register-$358,531.57
C. Award Bid - Central School North Parking Lot Improvements
Nupac - $39,179.00
Sandon Construction - $47,800.00
A-1 Paving - $55,764.00
LHC - $58,157.00
D. Award Bid - Base Radio Network Console Upgrade
Motorola, Inc. - $44,989.00
E. Award Bid - 1999 Overlay & Chip Seal Projects
Overlay Chip Seal
Nupac - $133,500.00 A-1 Paving - $95,025.00
A-1 Paving - $159,900.00 Nupac - $100,050.00
F. Proclamations
- National Police Officers Memorial Day
- National Assoc. Of Letter Carriers' National Food Drive Day
- Day of Prayer
- National Historic Preservation Week
Atkinson moved approval of the Consent Agenda as presented. The
motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Dan Johns, 216 North Riding Road, gave an update on the Youth
Athletic Complex and handed out pledge packets.
Rico Brazil, Idaho, representative for Kalispell Senior Associates,
spoke in favor of the Conditional Use Permit for a senior apartment
complex.
Unicore Development (Chokecherry Ridge Condos) - Request for
Annexation and Zoning
The following spoke in favor:
Russ Linnell, 1943 Bluestone
Earl McPeek, Kelly Road
John Vincent, Owner of "Chokecherry Ridge" and co -applicant, Polson
Brenda Vincent, Owner of "Chokecherry Ridge" and co -applicant,
Polson
Laurel Moore, Vincent's daughter
Max Battle, Whitefish, Attorney for Unicore
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The following spoke in opposition:
Steve Cheman, 494 5th Avenue EN
Sue Ellen Anderson, 484 8th Avenue
Lance Staub, 459 3rd Avenue EN
Jeri Anderson, 476 5th Avenue EN
Clara Anderson, 476 5th Avenue EN
Robley Carr, 550 4th Avenue EN
Ed White, adjoining property owner,
Richard Kuhl, 867 N. Main
Margaret White, adjoining property
Georgia Staub, 459 3rd Avenue EN
Sarah Locey, 580 4th Avenue EN
EN
Fernwell Apts. #102
owner, Fernwell Apts. #102
Arla Culver, 461 E. California Street
Dr. Marise Johnson, 643 Leisure Dr.
Bob Domrose, 376 6th Avenue EN
Request from 2 Rivers RV Resort for permission to hook to the
Evergreen Sewer System
The following spoke in favor:
Bill Lincoln, 203 Lakeshore Drive
Jim Lynch, 430 Lakehills Drive
The following spoke in opposition:
Marise Johnson, 643 Leisure Dr.
Resolution 4475 - Resolution of Intention and Notice of Public
Hearing for Domesite Planned Unit Development
The following spoke in favor:
David Riddle, 2209 W. Reserve Drive
The following spoke in opposition:
Ann Stafford, West Arizona Street
RESOLUTION 4470 - AMENDING AIRPORT FEES
The Airport Advisory Board has reviewed the current airport fees
and have recommended appropriate adjustments to be effective July
1, 1999. The fees have not been adjusted since 1987.
Haarr moved Resolution 4470, a resolution amending Resolution No.
3773 by revising the fee schedule for use of the Kalispell City
Airport. The motion was seconded by Scarff.
There was discussion.
Haarr commented the resolution lists a fee of 15 cents per square
foot for the purpose of building hangars and asked if that is high
enough. He also asked if a renewal clause could be added.
Mike Baker, Director of Parks and Recreation, said the fee is
comparable to those of other airports around the state with similar
size airports. As far as a renewal clause, he said it would be
easy to add a clarification to the resolution.
Donahue suggested the resolution should be worded as "repealing
Resolution No. 3373" instead of "amending", and added there should
also be a clarification of when the fees are due and who they are
paid to.
Donahue moved to table the resolution until May 17. The motion was
seconded by Haarr.
The motion carried upon vote.
RESOLUTION 4471 - RESOLUTION OF INTENTION TO AMEND MASTER PLAN -
DNRC STATE SCHOOL SECTION PROPERTY - FOUR MILE DRIVE & HIGHWAY 93
This resolution will establish a public hearing on June 7th to
consider a Master Plan Amendment from the Montana Department of
Natural Resources to School Section 36. State officials have
indicated they would be willing to enter into an agreement to
assure the City and County that they would adhere to local
governments' planning and zoning regulations.
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Haarr moved Resolution 4471, a resolution of intention to adopt,
revise or reject a recommended neighborhood plan amendment to the
Kalispell City -County Master Plan. The motion was seconded by
Nystul.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff and Boharski voting in favor.
ORDINANCE 1308 - SALARY SCHEDULE - 2ND READING
The Council adopted first reading of this ordinance at its last
meeting. The City has not adopted a salary ordinance for 1999
salaries due to the negotiations with the Police and Fire
Associations. This ordinance includes current salaries as well as
those that will be effective on July 1, 1999 for the two public
safety departments and the AFSCME rates that will be put in place
July 1, 1999. It also includes a 5% increase to the salary ranges
for non -union employees.
Scarff moved second reading of Ordinance 1308, an ordinance
amending Ordinance No. 1293, 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., commencing on the
dates indicated herein, and repealing all other ordinances in
conflict therewith. The motion was seconded by Larson.
There was discussion.
Thelen explained the ordinance simply adjusts the salary ranges for
non -union employees by five percent, and doesn't give any employee
a pay raise.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff and Boharski voting in favor.
ORDINANCE 1309 - WATERFORD PLANNED UNIT DEVELOPMENT - 1ST READING
This ordinance will adopt an agreement with Waterford regarding
their PUD involving 294 units of retirement housing. The City
Attorney has made the changes directed by the Council at the last
meeting.
Graves moved first reading of Ordinance 1309, an ordinance
approving a Planned Unit Development on certain real property owned
by Waterford on Summit Ridge, L.L.C. The motion was seconded by
Scarff.
There was discussion.
Nystul commented the City is charging Waterford for one water
connection, and asked how the sprinkling costs would be determined.
Thelen said it's up to Waterford, but he's assuming they would want
a separate sprinkling meter to get the commercial rate.
Donahue stated the Developer will own all the water and sewer
facilities within the project, and said he would like to see a
paragraph added that specifically states the developer will be
solely responsible for all maintenance, repair and replacement.
Nystul expressed concern that during construction, fire engines
will be able to get within a reasonable distance of the area and
charged water lines will be available.
Thelen said a water plan will be submitted and approved prior to
any building permits being issued.
Boharski questioned the section concerning the Four Mile Drive
improvements.
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Engineer Jay Billmayer said Waterford is willing to bring the
roadway up to the standards equal to the recently completed City of
Kalispell improvement to Four Mile Drive at the point of
connection.
Haarr commented he understood that Kidsports was responsible to
pave Four Mile Drive as part of the agreement involving the Youth
Athletic Complex. He asked why the City is now making Waterford
solely responsible for the paving.
Baker said that agreement was prior to Waterford's proposal and the
added impact to the road from the development.
Billmayer stated Waterford was never informed of any other
commitments to improve the roadway and maybe a cost sharing
agreement could be worked out.
Neier agreed to take the suggestions and re -work the section
concerning the road improvements.
Graves moved to amend Section 3.02, paragraph D, by adding
"Secondary access to the subject property shall be via Summit Ridge
Drive for emergency vehicles only..." The motion was seconded by
Larson.
There was discussion.
Atkinson said he feels public transportation vehicles should also
be allowed to use that road.
The amendment carried upon vote with Atkinson voting against.
Atkinson commented he's voting against the PUD because he feels the
City is giving the developer too many concessions. He stated
Waterford received a $311,000 break on water and sewer connection
fees just for the sake of bringing development to Kalispell.
Nystul said he missed the last meeting, but the City doesn't have
any regulations dealing with six or eight inch lines. He suggested
to address this problem in the future, the staff needs to develop
hook up fees for larger lines as soon as possible.
Boharski agreed, stating the City will still receive an $84,000 tap
fee, which is still a substantial sum.
The main motion as amended carried upon roll call vote with
Donahue, Graves, Haarr, Larson, Nystul, Scarff and Boharski voting
in favor, and Atkinson voting against.
ORDINANCE 1310 - AMENDING ADMINISTRATIVE CODE, 1ST READING
This ordinance requires the City Manager to notify the Mayor and
City Council of the expiration of terms of citizen boards and
commission members sixty days prior to the expiration date.
Nystul moved first reading of Ordinance 1310, an ordinance amending
Ordinance No. 1166 by requiring the City Manager to notify the
Mayor and Council of vacancies on boards and commissions appointed
by the Mayor and approved by the Council. The motion was seconded
by Haarr.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff and Boharski voting in favor.
ORDINANCE 1311 - AMENDING FALSE ALARM FEES - 1ST READING
The Police Chief has reviewed the City's current charges and has
recommended an escalating fee schedule pattern similar to one being
used in Helena. The Chief feels the new schedule will provide a
further incentive to reduce the number of false alarms.
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Larson moved first reading of Ordinance 1311, an ordinance amending
Ordinance No. 1094, by revising the fee schedule for monitoring
burglar and fire alarms by the Police and Fire Departments and
imposing a penalty for false alarms, and establishing an effective
date. The motion was seconded by Graves.
There was discussion.
Boharski commented he's concerned the new fee schedule will
discourage people from contacting the fire or police departments.
Chief Frank Garner said the fee schedule is intended to discourage
intentional false alarms that the departments respond to routinely.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff and Boharski voting in favor.
FINAL PLAT APPROVAL - WILLOWS SUBDIVISION
The final plat of Unit No. 1 of the Willows Subdivision includes 36
lots on the east side of Willow Glen Drive. Preliminary plat
approval was received in April of 1997 subject to 16 conditions,
which have now been met. The FRDO staff has recommended the final
plat now be approved.
Haarr moved approval of the final plat of the Willows Unit No. 1
Subdivision and approval of the Subdivision Improvement Agreement.
The motion was seconded by Nystul.
There was discussion.
The motion carried unanimously upon vote.
CONDITIONAL USE PERMIT - KALISPELL SENIOR HOUSING ASSOCIATION -
SENIOR APARTMENT COMPLEX
Kalispell Senior Associates has applied for a CUP to construct a
24-unit apartment complex on property located on the west side of
Corporate Way, north of Highway 2. The FRDO staff and the Planning
Board have recommended approval of the CUP subject to eight
conditions.
Haarr moved approval of the Conditional Use Permit for the
Kalispell Senior Associates subject to the eight conditions listed
on Exhibit A. The motion was seconded by Scarff.
There was discussion.
Haarr suggested in condition number seven, "Eagle Transit" be
removed from the wording to allow any public transportation the use
of the bus stop.
There was no objection.
The motion carried unanimously upon vote.
CONDITIONAL USE PERMIT - MDOT - 100 FOOT TALL COMMUNICATIONS TOWER
The Montana Department of Transportation has requested a
Conditional Use Permit to construct a communications tower in
conjunction with the maintenance facility in Kalispell. The
Planning Board has recommended approval of the CUP subject to four
amended conditions.
Narda Wilson, FRDO, stated MDOT is requesting permission to
construct a tower up to 100 feet.
Nystul moved approval of the Conditional Use Permit to allow MDOT
to construct a tower up to 100 feet. The motion was seconded by
Graves.
There was discussion.
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Nystul moved an amendment by deleting condition #3 which requires
MDOT to comply with Federal Communications Commission regulations.
The motion was seconded by Haarr.
There was no discussion.
The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon vote.
CHOKECHERRY RIDGE
A. RESOLUTION 4473 - ANNEXATION
B. RESOLUTION 4474 - PRELIMINARY PLAT
C. ORDINANCE 1312 - INITIAL ZONING OF CITY R-3 - 1ST READING
D. CONDITIONAL USE PERMIT
This request for a ten -unit residential cluster development needs
four separate actions. The proposed development is for a 2.6 acre
site located on the north side of California Street between 5th and
6th Avenues EN. The planning staff and Planning Board have
recommended approval of the Conditional Use Permit with 14
conditions and approval of the preliminary plat with 13 conditions.
Wilson gave a summary of the development and suggested Council
members consider the Conditional Use Permit first which the others
would then depend upon.
Wilson said staff has recommended approval with several conditions,
one of them being a 20-foot set back from the top of the slope. She
said to comply with that condition, the developers have suggested
"Na creative approach" of cutting the slope and creating a new edge.
Boharski explained the Council can't make a binding motion on the
CUP prior to annexation, and suggested before any further
discussion, a member make a motion to adopt the CUP subject to
affirmative votes on the other issues.
Haarr moved adoption of the Conditional Use Permit subject to an
affirmative vote on the annexation, preliminary plat and zoning.
The motion was seconded by Scarff.
There was discussion.
Nystul said the Council needs to focus on the aesthetics and the
density and how many units are appropriate for the neighborhood.
He commented a cluster development requires a common open space
permanently served and maintained as a landscaped park or
recreation space and asked whether the proposal meets this
requirement.
Wilson said the open space is planned for the north part of the
property connecting to Lawrence Park. She added however, the open
space would not be accessible from the units to the park area.
Larson said it appears to him that there's no possible way you can
build ten units and live up to the conditions of the Planning Board
on sixty six hundredths of an acre. He said it seems the developer
is trying to meet those conditions by cutting away the slope which
isn't the best solution.
Engineer Billmayer said if you have an unstable slope, the best way
to gain stability is to remove some of the material at the top of
the shoulder where it starts to break away. He said seven and a
half feet of soil cut away to form a foundation or daylight
basement reduces the soil loading by 825 pounds per square foot.
Billmayer said by cutting the soil away, the set back increases to
30 feet.
Haarr said he feels one of the biggest issues is the highest and
best use of this property. He said both sides need to give and
take and come to some kind of a compromise, like possibly cutting
the ten units down to eight.
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Boharski asked if the project becomes unworkable at eight units.
Unicore Attorney, Max Battle, said the developers have to build ten
units to have a reasonable chance of success for this project. He
said if the number is cut down, then the cost of the units will go
up and the developers feel that will "squeeze the margin too
tight".
The motion failed upon a non -binding roll call vote with Atkinson,
Donahue, Graves, Haarr, Larson, Nystul, Scarff and Boharski voting
in favor.
Neier said in order to keep the record clear, Council should
formally vote on Resolution 4473, the resolution annexing the
property.
Larson moved Resolution 4473, a resolution annexing certain real
property to the City of Kalispell, said territory being
approximately 2.628 acres of the Northwest Quarter of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
to be described as Chokecherry Addition No. 290. The motion was
seconded by Nystul.
There was no discussion.
The motion failed upon roll call vote with Haarr, Scarff and
Boharski voting in favor, and Atkinson, Donahue, Graves, Larson and
Nystul voting against.
RESOLUTION 4475 - RESOLUTION OF INTENTION AND NOTICE OF PUBLIC
HEARING FOR DOMESITE PLANNED UNIT DEVELOPMENT
This resolution sets a public hearing date of May 17th for Council
to consider a Planned Unit Development for the Domesite on property
owned by Pack and Company and the Montana Department of
Transportation north of the City limits between Flathead Valley
Community College and West Reserve Drive.
Scarff moved Resolution 4475, a resolution of intention to approve,
modify or deny a Planned Unit Development Agreement for the
Domesite. The motion was seconded by Graves.
There was discussion.
Thelen stated the PUD is essentially the same as was submitted
under the name of the ValleyDome, but the developers have changed.
He said the new parties would not construct the arena, but are
willing to set aside 22 acres for the project. Thelen said until a
developer for the Dome is found, commercial properties would be
built and the developers have agreed to pay for the installation of
sewer and water lines.
Atkinson said this is a request for a commercial development and
calling it a Domesite is deceiving. He said he wants to make sure
the public attends the hearing and decide if they want the Council
to approve a strip development miles away from downtown.
Wilson said in the original PUD, the dome was presented as a
central element to the proposal, and if that has changed, then the
proposal is completely different.
David Riddle, representative for the developers, said three phases
are being proposed, with the dome as one of the phases. He added,
however, the developers want the option of completing the phases in
any order they want.
Jim Lynch, owner of the property, said for all they know the dome
may be developed first, depending on the interest at the time. He
said he suspects the commercial will come first, but the dome will
be built eventually because 22 acres are being set aside for just
that purpose.
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Thelen said he has attended all of the meetings with the developer
and he has made it clear he will not guarantee the dome.
Donahue said originally the proposal was presented as one project
and now it appears to be two projects, the commercial area and the
dome. He stated if the project is divided, and the Council is just
considering the commercial site, it should probably go back to the
City -County Planning Board for recommendations.
Lynch said all of the property will be designated under the Planned
Unit Development and is still one package.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Nystul, Scarff and Boharski voting in favor, and Atkinson
voting against.
ANDERSON BOUNDARY LINE ADJUSTMENT & WOODLAND PARK DRIVE
A. ANDERSON BOUNDARY LINE ADJUSTMENT
Don Anderson has requested the City deed him 1.087 acres of
hillside and unusable park land. In return, Anderson would make
improvements that would clean up the liability issue on this piece
of property with stabilization and safety.
Larson moved the Council direct the City Attorney to prepare the
necessary documents, and the Mayor to execute the documents, for a
boundary line adjustment on the Anderson Masonry property. The
motion was seconded by Haarr.
There was no discussion.
The motion carried unanimously upon vote.
B. WOODLAND PARK DRIVE
Larson moved the Manager inform the County that the City does not
want to maintain Woodland Drive from Conrad Drive to US Highway 2.
The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
REQUEST FROM 2 RIVERS RV RESORT FOR PERMISSION TO HOOK TO THE
EVERGREEN SEWER SYSTEM
William Lincoln is asking for permission to connect his proposed RV
resort to the Evergreen Sewer System with the usage being charged
to the City' s sewer capacity. At this time, the City' s current
policy does not allow the use of the City's sanitary sewer system
without the property first being annexed.
Haarr moved the Council grant approval to William Lincoln to use
solid waste capacity at the Wastewater Treatment Plant for his
proposed 2 Rivers RV Resort with the conditions that he agrees to
annex to the City: 1) when his land is contiguous; or 2) by the
year 2010 and that his sewer charge be that of 1.5 times the
standard City rate until annexation. The motion was seconded by
Scarff.
Nystul said the request is to allow Lincoln to hook to the
Evergreen Water and Sewer District even though he's outside the
RSID boundaries. He said he doesn't feel the motion on the floor
addresses that and would suggest the motion be clarified.
Boharski said the motion should also require a petition for
annexation.
Haarr accepted the clarifications.
Thelen said he feels the City would be making a major mistake by
allowing Lincoln to hook onto the Evergreen Sewer and Water
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District and use our capacity. He said the Wastewater Treatment
Plant is one of the most valuable assets the City has. Thelen said
it should be used to promote orderly growth and not given away.
Haarr said he sees this proposal as the best thing that could
happen to Kalispell in many years by giving the City an opportunity
to put a truck bypass on the east side. He said the proposal,
whatever form it takes, should go forward but it can't go forward
without utilization of sewage capacity.
Boharski said other than figuring out how to handle the billing,
this doesn't burden the City of Kalispell and he doesn't feel they
would be giving anything away.
Atkinson said he feels the City is buying an east side bypass by
giving sewer to Lincoln's project, even though years of study
determined the west side was the best place for the highway.
Scarff said the Council needs to focus on the sewer hook up and not
the road.
Kukulski suggested Council let staff explore the issues and return
with their recommendations in two weeks.
Nystul agreed, stating the motion should be changed to direct staff
to explore the alternatives and report back.
Donahue and Larson argued the City just recently adopted a policy
requiring annexation prior to receiving services, and both stated
they will stand by that policy.
Haarr moved the motion be changed to direct staff to come back with
a recommendation on how the City can provide the service, either
through annexation or an exception to the policy. The second
concurred.
The motion carried upon vote.
Boharski proposed adjourning and discussing the last two issues at
the next meeting: Authorization to Deed Storage Property to School
District 5 and the Appointments to the City Attorney's Annual
Evaluation Committee.
There was no objection.
ADJOURN
The meeting was adjourned at 11:54 p.m.
WM.F-.5ohar0
Wm. E. Boharski
Mayor
ATTEST:
Tl�eresa White
City Clerk
approved May 17, 1999