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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with the deletion of Item #5, Resolution 4472, Preliminary Plat approval for the Westgate Subdivision, which was withdrawn at the request of the applicant.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 1440 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. 1 1441 1 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. 1442 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. 1443 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. 1444 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. Fj� 1 1 1445 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. 1446 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 1447 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