06/15/98 City Council Minutes1265
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JUNE 15, 1998, 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, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY/ACTING
CITY MANAGER GLEN NEIER WERE PRESENT. COUNCIL MEMBER GARY NYSTUL WAS
ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda with Agenda Items #2 and #3
combined. The motion was seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
E. Council Minutes -Special Meeting May 26, 1998
Council Minutes -Regular Meeting June 1, 1998
Council Minutes -Special Meeting June 8, 1998
B. Approval of Claims per Payables Register-$781,573.95
Atkinson moved approval of the Consent Agenda as presented. The
motion was seconded by Larson.
There was discussion.
Boharski questioned a claim for $5,861.01 to Insty-Prints.
PECDD Director Larry Gallagher said the payment was for printing of
the Kalispell Historical walking Tour Brochures.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Gordon Pirrie, Kalispell Business Owner, informed the Council he
attended a workshop sponsored by the National Main Street
Preservation Society and asked the Council to look at the
information provided from that meeting.
Carl Feig, Forest Hills village, told the Council more study is
needed on the ValleyDome before any approval is given.
Bill Breen, 335 Mountain Meadow Road, recommended the Council's
agenda on July 6 include a public hearing on the ValleyDome.
B.J. Carlson, 375 Grandview Drive, representing Citizens for a
Better Flathead, said information on the valleyDome is insufficient
to make an informed decision and also asked for a formal public
hearing.
Don Bauder, 538 5th Avenue East, stated he is concerned about the
economic feasibility of the Dome project and said he remains
skeptical it will ever be built.
Lex Blood, 844 3rd Avenue East, commented the Council has one of the
major land use decisions to make that this community has considered
in several decades and asked the Council to weigh all the
information about the ValleyDome very carefully before making a
decision.
Mayre Flowers, Tally Lake Road, Whitefish, said funding for Highway
93 and US 2 will soon be available and asked the Council for
innovative ideas for the expansion of that intersection.
Russell Crowder, representing Montanans for Property Rights,
commented he feels FRDO is trying to dictate to the ValleyDome
developers and he hopes FRDO doesn't kill the project.
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Max Battle, Attorney for the ValleyDome developers, said he is
available for questions from the Council.
Mayor Boharski asked where people can get information on the
project,
Battle answered Chris Jackola from Jackola Engineering is always
available.
Atkinson commented when the project was first presented, the Council
was told the ValleyDome would be built first, he said now the
developers are saying there are no guarantees the Dome will be built
at all.
Battle said the developers are spending a tremendous amount of time
and effort on the project, however the commercial development is a
"necessary precedent" to building the Dome.
Chris Jackola, 317 1st: Avenue East, Jackola Engineering, told the
Council the objective of the ValleyDome group is to meet the 2000
Hockey Season, and to do that, work needs to begin this fall.
Ross Varner, Salt Lake City, Acquisition Disposition Director of
Collier Hines & Associates, the managing entity of Gateway west
Mall, encouraged the Council to become involved in redeveloping the
Mall. Varner presented, to the Council, a design concept developed
in 1997 which he feels compliments the City, the City's
Infrastructure and the City's culture and environment.
Paul Mendenhall, Vice President and Chief Investment Officer for JP
Realty Inc., Salt Lake City, told the Council he's excited about
being in Kalispell and working with Collier Hines and Associates to
rejuvenate Gateway west Mall. He said JP Realty has looked at the
Kalispell market on the behalf of a number of major department
stores that have wanted to locate in Kalispell for at least five
years. Mendenhall says after studying the area, the determination
was made that the redevelopment of the Mall site is the best
alternative for the community because a lot of the necessary
infrastructure is already there. He added there are still obstacles
to overcome but he hopes the development can be under construction
by next spring with an opening sometime in the summer of 2000.
Mendenhall: said discussion has also been taking place about
relocating the Flathead Fairgrounds. He said joint development of
all the properties in that area would greatly enhance the economic
base of the community.
Thor Jackola, Jackola Engineering, stated his company, along with
Richard Dasen, is involved in Southfield Park and they feel some of
the conditions contained in Resolution 4411 are too restrictive.
He said he just wanted the Council to know how they feel and if
there are any questions when the Council reaches that Agenda item
he would be happy to answer them.
Dick Brinck, HUD representative, presented the City of Kalispell
with a National Award in Recognition of the City's use of the
Community Development Block Grant program on the Samaritan House.
Susan Moyer of PECDD accepted the award.
Atkinson said he wanted the public to know that the award is
"bittersweet," because the Mayor and the majority of the Council
want to eliminate the Planning, Economic and Community Development
Department in the budgeting process.
PUBLIC HEARING
At the Council meeting on June 1, 1998 the Council passed Resolution
No. 4406, setting a Public Hearing for June 15, 1998 amending the
fiscal 1998 budget by increasing appropriations for the purpose of
making severance benefit expenditures to Clarence Krepps, Addison
Clark and Don Hossack.
Boharski opened the public hearing.
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Boharski closed the public hearing.
RESOLUTION 4407 - BUDGET AMENDMENT - SEVERANCE BENEFITS
Neier explained the amendment would authorize the removal of $60,000
from the City's cash reserves to fund the expenditure made necessary
by the termination of Clarence Krepps and the retirements of Addison
Clark and Donald Hossack.
Donahue moved Resolution 4407, a resolution calling for the
amendment of the annual appropriations of the City of Kalispell,
Montana, as set forth in the 1997-98 Budget adopted by the City
Council for the purpose of appropriating funds for severance
benefits. The motion was seconded by Haarr.
There was discussion.
Atkinson questioned whether the $60,000 is enough. He said he
understood the severance benefits totaled around $100,000.
Neier said the balance was paid from money the City was holding in
retirement and unfunded liability in the general fund.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in
favor.
RESOLUTION 4408 - CLOSURE OF SID FUNDS
Neier explained that certain sidewalk and curb accounts of the City
have expired as matter of law. In order to close out the accounts
and properly account for the funds, it is necessary to pass a
resolution authorizing the transfer of said funds to the SID
Revolving Fund.
Larson moved Resolution 4408, a resolution authorizing the Finance
Director to close out the inactive sidewalk and curb funds to the
SID Revolving Fund. The motion was seconded by Scarff.
There was discussion.
Donahue asked why, in 1987, the sidewalk and curb fund was in the
hole, and in 1988, the fund contained an excess.
Finance Director Amy Robertson explained in 1987 the bond included
property owned by the Bank of Columbia Falls and when it went
bankrupt, the City had to borrow from the Revolving Fund to make the
debt service payment. She said she is not sure why there was a
surplus in 1988, however, sometimes the City gets pre -payments, the
bonds can be called sooner and then the interest payments are not
going out.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in
f avor. .
RESOLUTION 440 - TRANSFER EXCESS Fln=q FROM SID REVOLVING FUND TO
GENERAL FUND
Neier explained the City, by law, is required to have a SID
Revolving Fund to assure payment of bonds and warrants issued for
SID's and curbs and sidewalks. He said law established the fund at
5% of the outstanding bonds and warrants. Neier added the fund
currently has excess funds in the amount of $17,148.00 which may be
transferred to the General Fund and Resolution 4409 allows that
transfer.
Graves moved Resolution 4409, a resolution authorizing the Finance
Director to transfer the funds in excess of 5% of the outstanding
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BID debt from the SID Revolving Fund to the General Fund. The
motion was seconded by Donahue.
There was discussion.
Boharski questioned Robertson about the excess.
Robertson answered the surplus is mainly due to delinquent taxes on
funds that have been closed. She said if the taxes are then paid,
the fund shows a surplus.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, van Natta and Boharski voting in
f avor. .
RESOLUTION 4410 - MASTER PLAN AMENDMENT
The Kalispell City -County Planning Board, on June 9, 1998, passed
a resolution approving a Master Plan Amendment by changing the land
use designation of approximately 60 acres north of Kalispell.
Neier explained that Pack and Company and ValleyDome, L.L.c. have
requested the land use change at the southeast corner of the
intersection of US Highway 93 and west Reserve Drive from industrial
to commercial. He stated Resolution 4410, as required by Montana
law, is a resolution of intention to adopt, revise or reject the
Planning Board's recommendation.
Scarff moved Resolution 4410, a resolution to adopt, revise or
reject an amendment to the Kalispell City -County Master Plan. The
motion was seconded by Haarr.
There was discussion.
Donahue moved an amendment by changing the resolution to read, "a
resolution of intention to adopt, revise or reject an amendment to
the Kalispell City -County Master Plan." The motion was seconded by
Haarr.
Upon vote the amendment carried unanimously.
Boharski asked Narda Wilson of FRDO if a report from the Planning
Board is available for review.
Wilson answered she has not prepared a report per se, but she has
provided Neier with a packet which includes a transmittal letter,
a copy of the resolution adopted by the Planning Board, along with
back up documents, and a copy of the Staff report.
Boharski asked if it would be possible to prepare a report including
everything the Planning Board adopted.
Wilson said it would be ready on Tuesday.
Larson suggested a formal public hearing be held with the hearing
noted in the resolution.
Scarff agreed to include the public hearing notice in the original
motion.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Scarff, and Boharski voting in favor, and Atkinson, Larson and van
Natta voting against.
Donahue asked Atkinson, Larson and Van Natta what they are trying
to say by voting no. He said, don't they want the public to attend
the meeting and have a chance to speak.
Larson answered he feels "this thing has been railroaded all the way
through." He added he's not opposed to the ValleyDome, but he's
opposed to the process and he doesn't think the public has had
adequate time.
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RESOLUTION 4411 - PRELIMINARY pT.AT APPROVAL - SOUTHFIELD PARK (HAVEN
FIELD)
Neier explained Resolution 4411 concerns an application of Richard
A. Dasen to subdivide what has been known as Haven Field. Neier said
Dasen intends to subdivide the property into five parcels, which may
be sold and developed by parties not included in the Development
Agreement. Neier said this resolution would authorize approval of
the subdivision subject to the conditions included.
Scarff moved Resolution 4411, a resolution approving the Preliminary
Plat of Southfield Park (Haven Field) commercial subdivision,
Flathead County, Montana. The motion was seconded by Graves.
There was discussion and Narda Wilson answered questions.
Haarr asked what the repercussions would be if changes were made to
conditions one (1), two (2), six (6) and seven (7) as Thor Jackola
had requested.
Wilson answered the conditions contained in the resolution are
fairly standard and should be included. She said the covenants can
be changed, but Staff felt they should be included to insure the
project would be developed in an integrated manner.
Jackola said Dasen would like to keep the conditions as flexible as
possible. He said the buildings will be high quality with nothing
the City would be ashamed of.
Neier said the intentions of the parties are "well taken," however
Staff hasn't seen any of the development documents. He added in his
opinion, it wouldn't be appropriate to change the conditions without
Staff being able to study the development design.
Donahue noted the Development Agreement with Dasen included a
provision requiring Dasen to pay $124,000.00 to the City annually,
the amount estimated that the property would generate in taxes. He
inquired as to how that payment is to be made if Dasen subdivides
the property.
Neier answered the $124,000.00 is a personal obligation of Dasen's,
and if the construction doesn't generate that amount in taxes, then
Dasen is liable for the difference.
Atkinson expressed concern that at the time of the Development
Agreement, the intention was for the property to be developed by one
party.
Neier said the agreement specifically provided that Dasen could
break the property into parcels.
Boharski asked Wilson if the Council can approve the final plat for
the entire property when Dasen may not know what will be built on
all five lots. He said he thinks that is Dasen's concern with the
covenants described in condition number seven.
Wilson answered the covenants only address architectural design, not
the building's purpose.
Haarr stated he feels an amendment should be made to strike
condition number seven from the resolution. He said he sees it as
a limitation on the potential look and design of the whole
development.
Wilson said the idea behind the covenants is architectural
consistency so the area is developed as a single project.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson
voting against.
ORDINANCE 1288 - BUFF IO STAGE ZONIN - 2ND R A INS
Neier explained the City Council, at its June 15` meeting, passed.
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the first reading
generally north of
RA-1, Residential
Office.
of Ordinance 1288, zoning a parcel of property
Edgerton School and west of Whitefish Stage as
Apartment and R-5, Residential/Professional
Larson moved the second reading of Ordinance 1288, 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 RA-1, Low
Density Residential Apartment), City RA-1, Low Density Residential
Apartment, and R'-5, Residential/Professional Office, in accordance
with the City -County Master Plan, and to provide an effective date.
The motion was seconded by Haarr.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, van Natta and Boharski voting in
f avor. .
FINAL PLAT - AMENDED PLAT OF LOT 69 - BUFFALO STAGE II
Neier explained the townhouse subdivision, adjacent to Grandview
Drive, was previously granted preliminary plat approval in the
County and later annexed to the City. He said all conditions of the
preliminary plat have been met.
van Natta moved Final Plat approval of Lot 68, Buffalo Stage Phase
II. The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
APPROVAL OF WRITE-OFFS - WATER, SEWER AND AMBULANCE BAD DEBTS
Neier explained water and sewer bad debts are generally occasioned
as a result of individuals declaring bankruptcy, renters leaving the
property without paying, etc. He said ambulance accounts may be
uncollectible for a variety of reasons including death, Medicare or
Medicaid payments or just the inability to pay. Neier recommended
approval of the bad debt list.
Haarr moved approval of the list of write-offs for 1998 as presented
in the amount of $90,212.25. The motion was seconded by van Natta.
There was discussion.
Scarff inquired as to the length of time the ambulance write offs
cover.
Robertson explained the write-offs include the uncollectible bills
from 1995 and what is uncollectible in the current year from
Medicare and Medicaid. She said every year the City writes off
between seventy and eighty thousand dollars, which is about twenty
percent of what is billed. She added on the other hand, the water
and sewer write-offs is less than one -tenth of one percent of that
billed.
Donahue questioned why the City is writing off over a thousand
dollars in litigation when the money may be coming in later
following the settlement of lawsuits.
Fire Chief Ted Waggener said the litigation included in the write-
offs has been going on too long and the chances of the Department
receiving any money is slim.
Robertson said the Credit Bureau is still trying to collect the
debts, but it's time to take them off the City's books.
Boharski asked why the Medicare and Medicaid write-offs, in the
amount of almost twenty seven thousand dollars, are so high. He
asked Waggener if our bills are that "far out -of -whack" with
Medicare and Medicaid billing amounts.
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Waggener answered Medicare averages all the ambulance rates in the
State, then pays only eighty percent of an allowed amount, which is
never what the City's rate is. He said Medicaid is even worse.
Boharski asked if part of the problem is a non -timely submittal of
claims.
Waggener said many times a bill has to be submitted twice because
Medicare claims it never received it.
The motion carried unanimously upon vote.
AWARD RID - SIDEWALK & CURBING CONSTRUrTTON FOR YEAR FNnTNG T iNE 30
lq9q -
Two bids were received and opened on June loth for the Sidewalk &
Curbing Construction for the year ending June 30, 1999. The bids
were from Pack & Company and Sandon Construction.
Neier informed the Council that Pack & Company was the low bidder,
with an average reduction in cost of twelve percent over last year's
costs.
Van Natta moved the bid be accepted from Pack & Company for the
Sidewalk and Curbing Construction for the year ending June 30, 1999.
The motion was seconded by Atkinson.
There was discussion.
Donahue asked if the Public Works Department has a quality control
in place to make sure the sidewalks are up to specifications.
Public Works Director Jim Hansz said the City periodically inspects
all jobs bid.
The motion carried unanimously upon vote.
AWARD BID - DOWNTOWN TAX INCREMENT SIDEWALK REPLACEMENT PROTECT -
PHARR IT
Four bids were received for this project and were also opened on
June loth. A Supplemental Bid was included in the bid packet to
enable the City to install additional sidewalks up to the budgeted
amount of $28,436.00, should the successful bid be less than that
amount.
Neier explained there are specific sidewalk replacement projects.
within the downtown redevelopment area in the City of Kalispell.
He said those projects were estimated to cost $26,500.00, with Pack
& Company bidding $15,544.00. Neier said because of the
Supplemental Bid included in the bid packet, the Council can award
the contract to Pack & Company, including the Supplemental Bid, not
to exceed the sum of $28,436.00.
Hansz said because of the low bid, the City will be able to do about
$13,000.00 of additional work.
Van Natta moved to award the base and supplemental bids to Pack &
Company. The motion was seconded by Larson.
There was discussion.
Haarr suggested, because of the low price, maybe additional money
could be found to do more sidewalks.
Hansz said he would look into the possibility of adding to the
supplemental work.
The motion carried unanimously upon vote.
APPOINTMENT - ROARD OF APPIRAU
The City, pursuant to the Uniform Building Code, is required to have
a Board of Appeals to evaluate alternative means of construction
proposed by builders.
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Neier said the Board is used sporadically, but when they are called
upon to act, it is generally an important and technical question
that must be answered. He said the City is fortunate to have five
people apply for a position on the Board.
Boharski recommended William Heinecke, Scott Williams, Dewey Swank,
Mike Holder and Thor Jackola be appointed to the Board of Appeals.
Donahue moved to accept the Mayor's recommendations. The motion was
seconded by Haarr.
The motion carried unanimously upon vote.
PRELIMINARY BUDGET APPROVAL
Neier informed the Council that the preliminary budget for fiscal
year 1998-99 must be adopted prior to July 10`h. He said the
adoption will not hinder the Council's ability to critique the
budget document and make changes. Neier said by adopting the
preliminary budget, the Staff can then properly notice the process.
Atkinson moved approval of the preliminary budget. The motion was
seconded by Larson.
There was no discussion.
The motion carried unanimously upon vote.
INTERIM CITY MANAGER
Neier suggested the City begin advertising for a permanent City
Manager. He said in the meantime, he would like some direction from
the Council on how to proceed for an Interim Manager.
Atkinson moved the Council direct the City Attorney to advertise for
a permanent City Manager as soon as possible. The motion was
seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
Boharski informed the Council that Al Thelen, former Interim Manager
for Kalispell, has offered to come to Kalispell and conduct a
workshop for the Council on how to hire a City Manager. He said he
feels the City could bring in Thelen for about $1,000.00.
Haarr said he doesn't think this is a good time because the Council
is extremely busy right now with budgets. He added he'd like to see
Thelen come back, but he doesn't think the timing is right.
Donahue says there are five Council members that have been through
a Manager search and he doesn't feel Thelen is needed.
Larson agreed, stating maybe Thelen could help the City negotiate
a contract with the Manager once one is chosen, but he doesn't feel
it's necessary to include Thelen in the selection process.
Van Natta commented that Neier should be compensated for acting as
Interim Manager.
Donahue countered when Neier feels overburdened he will let them
know.
FIRST NIGHT FLATHEAD
Mayor Boharski said he researched First Night on the Internet and
discovered it involves the National Endowment for the Arts. He
added First Night Flathead needs an endorsement from the Council in
order to work with the National organization and he asked for
approval from the Council to send a letter supporting the event.
van Natta moved to send the letter endorsing First Night Flathead.
The motion was seconded by Atkinson.
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The motion carried unanimously upon vote.
COUNCIL COMMENTSi/INFORMATION/QUESTIONS
Haarr informed the Council a CAB committee hearing was held last
Wednesday and a draft form of a new Interlocal Agreement has been
forwarded to the County Commissioners. He said he hopes the final
agreement will come before the Council in early July.
Boharski said the Chamber of Commerce has agreed to coordinate a
Downtown workshop and is gathering proposals. He added there is
still money in the Tax Increment Fund for consulting fees and he
hopes the Council, at a meeting in the near future, will agree to
help the Chamber fund the project.
Neier told Council members the Department Heads met today and are
looking at alternative financing for several items listed in the
budgets and he hopes to have a memo summarizing the meeting by the
end of the week.
Council members agreed to meet for Budget Work Sessions on Monday,
June 22 and Wednesday, June 24.
Donahue commented the Council agreed at the last meeting to donate
$500.00 to help assist with the hiring of a Facilitator to develop
a Consensus Document from three documents on the Master Plan. He
said the donation was contingent on the County Commissioners
donating the same amount of money to the Planning Board and he asked
whether they had done that.
Wilson answered the Commissioners did agree to donate also and
Richard Hunt was chosen as the Facilitator.
Donahue also commented he feels ordinance 1166 should be amended
relative to the Mayor's power of appointment to Boards and
Commissions and remove the Manager from having that authority.
Donahue said in addition, the ordinance should be amended to allow
substitutes be appointed for Board meetings if a member can't
attend.
it was agreed the matter would be brought before the Council on July
6.
Atkinson moved to adjourn. The motion was seconded by Scarff.
The motion carried unanimously upon vote.
The meeting was adjourned at 10:20 p.m.
wml.baharsM .
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
approved July 6, 1998