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08/04/97 City Council Minutes1054 1054 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 4, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, DALE HAARR, P4XM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. DISCUSSION/REVIEW/ACTION FOR COUNCIL APPOINTMENT Due to perceived confusion about the process and voting actions at the last Council meeting, City Attorney Neier clarified the process and outcome of the voting. There was discussion. Atkinson moved Council revisit the vote and vote by voice, or by acclamation whether it be raise the hand or by voice through the rounds until one person gets 5 votes and that the low vote getters in each round would be eliminated. The motion was seconded. Haarr, Donahue and Nystul spoke against the motion and Kennedy and Collins spoke in favor. With a vote the motion carried with Haarr, Donahue and Nystul voting against and Kennedy, Larson, Atkinson, Collins and Rauthe voting in favor. The vote was as follows: Jerry Begg-none John Graves -Collins, Donahue, Haarr, Larson, Nystul and Rauthe Frederick Hammel -none Sydnee Hill -none Randy Kenyon -Atkinson and Kennedy Rauthe declared John Graves as the winner with 6 votes. SWEAR IN COUNCILPERSON Mayor Rauthe swore in John Graves as Councilperson and he was applauded. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting July 21, 1997 B. Approval of Claims per Payables Register-$345,404.95 Collins moved to approve the consent agenda. The motion was seconded. Haarr expressed concern that displayed in the minutes is the disparity of how we are handling two comparable sales of property. He stated in one case we are charging a fee in lieu of taxes, due the 1-1-98, and for another party we are waiving 30 months before there would be a fee in lieu of taxes for the improvements being put on the property. There was discussion. Upon vote the motion carried. HEARING THE PUBLIC Fred Hammel, 505 7th Avenue West, hoped the ballfields would not be used by the college only and felt the election process was 1055 1055 mathematically impossible for 8 people to vote for 5. He also felt public employees should not do political business during work hours. BLdgek. Clare Hafferman, 1337 3rd Street West, spoke against some expenditures of the budget. KidSports Dan Johns, 216 North Riding Road, gave the history of the ballfields and encouraged Council to proceed with the project. Butt Rich DeJana, 422 Summit Circle, addressed items for the budget. PUBLIC HEARING This is related to the agreement that was approved at the last meeting for the purchase of the Equity Improvements and the Center Mall Improvements. The closing of the street will be a deduction of $4.50 per square foot (approximately $89,900) in both of the agreements. The street will not formally be closed until the closing of the agreements with both Equity and Barbierils. Proponents Brent Johnson, President Equity Supply Tom Maier, General Manager, Kalispell Center Mall Mike Lund, Herberger's Manager Rauthe closed the public hearing. Resolution 41AR-2nd Avenue West r Larson moved Resolution 4348, a resolution to abandon and discontinue 2nd Avenue West North, between the Burlington Northern Railroad Tracks on the south and Montana Street on the north, Kalispell, Montana. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ordinan 266-Meridian Offineq d- Znntm rhanap B-1 to B-2 2nd Reading Collins moved Ordinance 1266, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by re -zoning property owned by Meridian Offices Ltd. And Leslie and Patricia Tinseth, described herein (previously zoned Neighborhood Business Zone, B-1 District), to B- 2, a General Business District, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4149-Authority to Sell Lots for 1st Time Home Buvers- The City is now in position to sell lots for this project. Lots 22 & 23 will need to be authorized for sale. Lot 22 will sell for $6,000 cash and a $10,000 zero interest deferred second mortgage. Lot 23 will sell for $4,000 with a $10,000 zero interest second mortgage (to be assumed by the home buyer) and assigned to the Glacier Affordable Housing Foundation. 1056 1056 Atkinson moved Resolution 4349, a resolution authorizing the Mayor, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 22 and 23, Teton Terrace, an amended subdivision of Lot 6, Porta Villa #3, Records of Flathead County, located in the NE 1/4, of Section 12, T28N, R22W, P.M.M., Flathead Cbunty, Montana to Hewitt Construction. The motion was seconded. There was discussion and Larry Gallagher answered questions. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4350-Authority to Ae11 Lots for 1st Time Home Buyers- Gouth Woodland The City is also in position to sell lots for this project. The 3 lots, 1, 2, and 3, will be sold to Randy Jones Construction for $8,000 cash and $14,000 zero interest deferred second mortgage (to be ultimately assumed by the home buyers) and assigned to the Glacier Affordable Housing Foundation. Larson moved Resolution 4350, a resolution authorizing the Mayor, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 1, 2, and 3, Plat of Woodland Court, a resubdivision of Lots 27, 28 and 29, Block 1 of Greenacres, located in the SE 1/4 of SE 1/4, Section 17, T28N, R21W, P.M.M., Flathead County, Montana to Randy Jones Construction. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4351-Fix Annual Apn_rorariatinns Fy_47-99 Budget Collins moved Resolution 4351, a resolution fixing the annual appropriations for the City of Kalispell, Montana, as set forth in the 1997-98 budget adopted by the City Council. The motion was seconded. Nystul moved to amend the motion to allow $12,000 from UDAG for the roof for Friendship House and adjust the appropriations accordingly. The motion was seconded. Nystul suggested not all the efforts of that department and their salaries support the low to moderate income and it would be appropriate to use some of those out of tax increment which is supporting Community Development. Gallagher expressed that administrative costs coming out of UDAG has been the principle reason why the City has been so successful in attracting Community Development Block Grants. It has been a definite benefit not to use administrative costs from TIF or UDAG. Atkinson spoke against the amendment and Kennedy, Larson and Haarr spoke in favor. There was discussion and with a vote the amendment carried with Collins, Donahue, Kennedy, Larson, Nystul, Haarr and Rauthe voting in favor and Atkinson voting against and Graves abstaining. Donahue and Haarr spoke against the resolution. Nystul complimented City Manager Krepps and Staff for the budget document and the format. The amended motion carried upon roll call vote with Atkinson, Collins, Kennedy, Larson, Nystul and Rauthe voting in favor. Donahue and Haarr voting against and Graves abstaining. 1057 1057 Resnlution dIS .-Ann ual Taxyi c Larson moved Resolution 4352, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 1997-1998. The motion was seconded. The mill value will be determined in a few months by Flathead County. With a roll call vote the motion carried with Atkinson, Collins, Kennedy, Larson, Nystul and Rauthe voting in favor. Donahue and Haarr voting against and Graves abstaining. Resnl u t i on 415 1- , vying and Assessing 4 15 _Mills -C ty/Coun y_ HPai th r)Pp artmPnt Larson moved Resolution 4353, a resolution levying and assessing 4.15 mills as the City's share of the cost of operating the Flathead City -County Health Department. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Graves abstaining. Resolution 41S4-LPVV rost of (Iarhaap R moval Atkinson moved Resolution 4354, a resolution to levy the cost of removal of garbage or other offensive matter from streets, alleys or on any premises as a special tax against property from which such matter was deposited, and the disposition thereof. The motion was seconded. Upon roll call vote the motion carried with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Graves abstaining. Resolution 4'1 S - . -tnr IIssessment f or SQc- J al Ma i ntenan(` Nystul moved Resolution 4355, a Resolution levying an assessment for the cost of special maintenance for the purpose of maintaining the streets and avenues of the City of Kalispell for the fiscal year 1997-1998. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Graves abstaining. Resnlutinn 43S6-r vv Assessmpnf fnrSpecial Ligh inq District Atkinson moved Resolution 4356, a resolution levying an assessment for the cost of lighting the streets in the City's downtown decorative lighting district for the fiscal year 1997-1998. The motion was seconded. Upon roll call vote the motion carried with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Graves abstaining. Resnlution 437-yy Ass ssm n s for 4 arm Spwpr Maintpnannp Nystul moved Resolution 4357, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 1997-1998. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Graves abstaining. Resolution 41S8- irP Truck Bond During discussion at the budget workshop, there was a desire by the majority of the Council to purchase a Fire Truck within the next budget year. Not being able to find the budget amount for the fire truck, an alternative is needed. 1058 1058 The alternatives have been discussed and conclude the State Loan Program will be the best option since the program has little administrative and legal costs associated with it when compared to a small issue general obligation bond. Current Intercap Loan Authorizations are up to ten years. Krepps recommended a five year payoff with a projected principal loan of approximately $200,000 plus interest at 4.75%. This would require annual debt service ranging from approximately $53,000 to $62,000. To achieve the principal and interest funds the City must request a levy outside of the normal levy for the general election ballot. City Attorney Neier compiled Resolutions 4358A & B for consideration. Resolution 4358A would authorize an additional levy for the fire apparatus not to exceed 5 mills over a 2 year period or Resolution 4358B would allow Authority to Bond $275,000 for a maximum term of 20 years. Krepps recommended Resolution 4358A which would authorize the placement of this issue on the City Election Ballot in November and enable funding ($200,000) to be provided through Intercap now, rather than bonding. (Bonding is undesirable since there will be an administrative cost that would be added to this small bond issue.) This, in addition to the $62,000 that is currently in the budget, should allow the purchase of a fully equipped truck with an estimated cost of $225,000-$250,000. Passage of a resolution must be done to authorize a vote for the additional levy. The vote would be on the election in November. If passed, the City could order a truck in late Spring 1998 for delivery in Spring/Summer of 1999. Larson moved Resolution 4358A, a resolution of intention to exceed the current statutory mill level by submitting to the qualified and registered electors of the City of Kalispell, for their approval, the levying of an additional 5 mills over the maximum statutory amount for a period of two years to enable the City of Kalispell to purchase a fire truck, and to direct due and proper notice of said election unto the electors. The motion was seconded. There was discussion and Larson called for the question. The motion carried with a roll call vote with Atkinson, Collins, Kennedy, Larson, and Rauthe voting in favor. Nystul, Donahue and Haarr voting against and Graves abstaining. Donahue clarified the "no" votes are not against the fire truck but they feel there should be more overall items asked for that the City really needs. gginAPrinq Aarpament A,gproval-Youth complex The lease for the State Lands has been finalized and signed. The City is now in control of the State Lands at the youth complex location. Due to the time that it has taken to complete the lease process and the sale of the Haven Field property, the City now has to consider a scheduling problem. The Daley Field offering is being circulated. However at least one, possibly more, of the interested parties are interested in the entire parcel of 15.6 acres. They are interested also in beginning construction as soon as possible. This creates a problem for logistics concerning next seasons ballfields. The intent from the beginning of this project was not to dislocate any fields or teams during the playing season. However, that was based upon a sale completion in early summer and utilizing most of this summer and fall for construction of the youth complex. 1 1 1 1059 1059 This promise cannot be fulfilled now. However, under one scenario the City can allow the Daley Fields to be sold (as an entire parcel), construction to begin, and have ballfields to play on next season. Krepps proposed that the following scenario be considered and approved to expedite and enable the City to consider the whole parcel sale when/if this type of proposal is received. 1. Immediately hire the engineering firm to design a "Phase I" of the youth complex. 2. Phase I design would be for a five field softball pod (relocated from the original draft) to be located on the south central portion of City land. 3. Field design, grading, field accessing and layout and a permanent water line would be designed for $16,500. 4. Completion of the design could be on or before the mid point of September. 5. The City would immediately bid the project to allow work to begin and complete as much as possible yet this year. 6. Fencing, water line, etc. could be completed as late as 3/15/98 and would allow play for the softball season of 1998, baring unforeseen catastrophic weather conditions. 7. The City would then complete the design, layout, and construction at a more leisurely pace in the 1998 construction season. This scenario is not the desired or anticipated process but will allow to: 1. Keep the promise that no one would lose a season of play during the transition to the new complex. 2. Allow Daley Fields to be sold immediately as a small parcel or as an entire parcel. 3. Keep the interested buyers interested in the Daley Fields, if delayed some potential buyers may be lost. 4. Will allow the City to generate the dollars for the youth complex as anticipated. Without the interested buyers, the City may not receive bids that will generate dollars needed for the youth complex and/or airport. He suggested that this scenario appears to be the only way that will allow the City the maximum flexibility and help assure that the best bids for the Daley Fields would be received. This will then give the City the dollars to complete the projects as anticipated. He recommended approval of a Phase I design and bidding process on an expedited schedule. Approval of $16, 500 for the design of a five field pod by Site Scape Associates. Additional authorization to fast track the bidding and allow the staff to proceed with the bidding process upon receipt of the design. All designs will be based upon the conception previously submitted last winter. Estimated ballpark cost for this phase of construction is $100,000 to $125,000. There was lengthy discussion with Dan Johns, Dr. Dachs and Parks Director Baker answering questions. Nystul moved to direct the manager and staff to return at our next meeting with a more complete game plan with alternatives and to give us adequate notice of any correspondence prior to the meeting. 1060 1060 The motion was seconded. Larson, Kennedy and Collins spoke against the motion. With a vote the motion failed with Collins, Kennedy, Larson Atkinson and Rauthe voting against and Nystul, Haarr, Donahue and Graves voting in favor. Kennedy moved to authorize the City Staff to enter into engineering agreement for the entire project as proposed to us this last fall with an element of fast tracking a portion thereof if the necessity becomes eminent. The motion was seconded. There was more discussion. The motion carried with Collins, Kennedy, Larson Atkinson and Rauthe voting in favor and Nystul, Haarr, Donahue and Graves voting against. Council o dur _s As per Council Member Nystul's request, Krepps has reviewed procedures to place items on the agenda. In his opinion, the essence of a Council Member's rights is to have the capability to place items on the agenda for public discussion. The agenda is the City Manager's responsibility to compile. Historically, he has added items to the agenda upon request of Mayors or Council Members. Most of these items have caused discussion, some research and staff time, and in some cases, changes in policy direction to the staff. He suggested, to enhance the threshold of comfort for items to be placed on the agenda, that the following procedures be followed by all Council Members: A. Council Member should discuss the item with the City Manager and together decide if this is an item to be placed on the agenda. B. Future agenda items as requested by the Council Members will then be placed on the next agenda. This will identify the Council Member who requested the item and what the agenda item will be. C. Council would generally discuss the potential agenda item request and give direction to the City Manager, as a Council, as to placement or non -placement of this item on a future agenda. D. If placement on the agenda is agreed upon, the City Manager will then cause research or information gathering for that item by the staff. The City Manager will then place it on an agenda when the timing is right, i.e. all information, research, etc. are complete. Work Sessions A discussion concerning Work Sessions and Council Meetings was requested for this meeting. As indicated in Krepps April 28 memo to the Mayor and City Council, the need/benefit for Work Sessions, on a regular basis, is minimal. In his opinion, and he has not heard otherwise from any Council Members, that business has been completed without the work Sessions with no adverse affects for the Council, staff, or public. Delays in business have not happened. Staff time is more productive since not having to prepare, discuss, and rehash the same issues at a minimum of two meetings and sometimes four meetings. Staff vacation schedules have been accommodated without worrying about meeting dates. There is still, and always will be, the capability to hold special meetings for any major issue needing additional or special attention and discussion. 1061 1061 Since not having had the Work Sessions, 11.5 average agenda items have been addressed in an average of 1.9 hours without degrading the quality of discussions or decisions. He believes the discussion at the regular Council Meetings are more meaningful since all Council Members participate fully, completely open, on the air, offering their opinions and then voting. In terms of scheduling to enable Council Members to know if a Work Session (Special Meeting) will be held, he suggested the Council Members reserve the 2nd Monday of each month. If needed, the Work Session/Special Meeting would target the 2nd Monday of each month as the date for the meeting. This would leave the 4th or 5th Monday open for personal use unless another Special Meeting comes up such as the 5th Monday Joint Meeting with the County and other communities. There was discussion and it was agreed to continue and see if this process works. FOR YOUR INFORMATION Next Regular Meeting August 18, 1997 7:00 p.m. ADJOURN The meeting was adjourned at 10:31 p.m. ATTEST: Debbie Gifrfo MC Clerk of C 1 A_ p roved 8/18/97 1 Douglas D. Rauthe, Mayor