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12/06/99 City Council Minutes1543 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, DECEMBER 6, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBER DALE HAARR WAS ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Larson moved approval of the Agenda with the removal of Agenda Item #10, Police Commission Appointment. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting November 15, 1999 2. Approval of Claims per Payables Register-$374,838.38 3. Award Bid - Weight Class Motor Grader Bids were received from Long Machinery, Modern Machinery and -Triple W Equipment. The bid from Modern Machinery was rejected due to an irregularity along with the bid from Triple W. Staff recommended the bid be awarded to Long Machinery in the amount of $122,382. 4. Award Bid - 2% Yard Tool Carrier/Loader Bids were received from Jones Equipment, Long Machinery, Modern Machinery and Triple W Equipment. The bids from Modern Machinery and Jones Equipment were rejected and staff has recommended the bid be awarded to Triple W for $103,000. Boharski recognized three employees, Jeff Wolf, Vic Schroeder and Joyce LeDuc, all of whom recently celebrated their 25 year anniversaries with the City of Kalispell. Donahue moved approval of the Consent Agenda as presented. The motion was seconded by Graves. There was discussion. Hansz explained even through Triple W had the low bid for the Grader, bid analysis indicated the equipment exception does not meet specification. He said subsequent to the bid opening, Triple W submitted a letter indicating the equipment could be supplied in - spec for the bid price, but the City Attorney ruled the new information as a change in the bid and suggested it be rejected. Neier stated even though the Council could award the bid to Triple W, in his opinion it "endangers the bidding integrity". Donahue asked for a correction in the minutes. He said on Page 6, Paragraph 6, quotation marks should be placed around the section he cited from Zoning Ordinance. So noted. The motion carried upon vote, with Donahue voting against. HEAR THE PUBLIC None ORDINANCE 1340 - 2ND READING - AN ORDINANCE REVISING CHAPTER 4 ANIMALS AND FOWL SECTION OF THE KALISPELL CITY CODE Larson moved second reading of Ordinance 1340, an ordinance amending Chapter 4, Animals and Fowl, Kalispell Municipal Code by amending Ordinance No.'s 666, §§ 2, 4, 7, 8, 11, and 12; 879, §§ 4, 5, 6, 7, 9, 10, and 11; and R.O. 1947, §§ 106, 107; repealing Ordinance No.'s 666, § 9 and 879, § 9; authorizing the City Attorney to recodify Chapter 4, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. 1544 The motion was seconded by Atkinson. There was discussion. Donahue moved three amendments: in Section I, under Definitions, insert the definition of "Pup or Puppy" as "any canine animal of less than six months of age"; in Section VI, under License -Required -Fees, insert at the end of Subsection A, "Puppies are not subject to licensing"; and, in Section XVII, under Limit on Number of Dogs Per Person, change the title to read "Limit on Number of Dogs [and/or Puppies] Per Person", and change the first sentence to read "No person shall keep or maintain on any premises within the city at any time more than four adult dogs [and/or four , or more puppies]". The motion was seconded by Nystul. There was discussion. Larson questioned Donahue as to why he would limit the number of puppies to four and what would happen if a dog had a larger number. Donahue answered the average size litter is four and if they have more they will have to be "disposed of in some fashion". He said some limit has to be placed on puppies. Donahue said a constituent has complained that a neighbor of hers is breeding dogs constantly and the dogs are having puppies all the time. Larson said he doesn't want to be in the business of deciding which puppies to exterminate if a dog has a litter larger than four. He said the ordinance should remain unchanged. Boharski said Donahue is trying to point out that city residents could essentially run dog breeding businesses in town. Nystul said he would like to discuss the matter with the Animal Warden to find out whether there really is a problem with puppies. Police Chief Garner said he agrees that adult dogs should be limited, however he doesn't feel it's possible to limit the number of puppies. Atkinson commented the ordinance, as it stands, states that a dog becomes an adult at the age of six months which gives the owner adequate time to find homes for the puppies and doesn't "make a criminal out of the dog owner" if a litter is larger than four. Donahue moved a substitute motion to table Ordinance 1340 until the Animal Warden can be present to answer questions. The motion was seconded by Nystul. The substitute motion carried upon vote, with Atkinson voting. against. ORDINANCE 1341 - 2ND READING - AN ORDINANCE REVISING CHAPTER 6 THE ELECTION SECTION OF THE KALISPELL CITY CODE Graves moved second reading of Ordinance 1341, an ordinance amending Chapter 6, Elections, Kalispell Municipal Code by amending R.O. 1947 55 124, 125 and Ordinance No. 1192, repealing R.O. 1947, H 126 and 127; enacting a new section § 6-3,1 (Election Procedures), enacting a severability section; authorizing the City Attorney to recodify Chapter 6, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1342 - 1ST READING - AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE TO ADDRESS THE CHANGE IN THE PROTEST PROVISION OF A ZONE CHANGE REQUEST This.amendment will bring the local ordinance into compliance with state statutes which were changed during the 1999 legislative session. Scarff moved first reading of Ordinance 1342, an ordinance amending Section 27.30.030 of the Kalispell Zoning Ordinance (Ordinance No. 1175), by amending the protest provision of a zone change request in order to comply with state statute, and declaring an effective date. The motion was seconded by Larson. 1545 There was no discussion. The motion carried unanimously upon roll call vote. CONDITIONAL USE PERMIT - MEDICAL ARTS PHARMACY Holly Snyder with Medical Arts Pharmacy is requesting a conditional use permit for the operation of a drive -through espresso shop and deli in the existing building next to Medical Arts Pharmacy that was formerly occupied by Glacier Bank. Scarff moved approval of the Conditional Use Permit for Medical i Arts Pharmacy. The motion was seconded by Van Natta. i There was discussion. Nystul moved an amendment to the conditional use permit by striking condition number 2 under Section I, which requires the property owners to seek a resolution to the need for a traffic connection between Conway Drive and Sunnyview Lane. The motion was seconded by Scarff. There was discussion. Atkinson asked why the condition was added and whether the applicant would have any control over the connection. Narda Wilson, FRDO, stated the Council has been concerned about a connection between Conway and Sunnyview and the condition was added for possible discussion. Holly Snyder, applicant, said the building is owned by physicians and it would be up to them to take down the roadblock between Conway and Sunnyview. The amendment carried unanimously upon vote. Discussion continued. Donahue said he is concerned with the lack of space for the drive - through. He said there is only room for two cars and the ordinance requires space for four. Donahue said if three cars are waiting in line, one is going to be encroaching on Conway Drive. Donahue moved an amendment to the conditional use permit by adding a condition that requires customers to enter the drive -through from the north. The motion died for lack of a second. Scarff commented customers will not want to drive up to a restaurant and be served through the passenger window. Wilson said the site plan shows enough space for three cars without infringing on the right-of-way, and if the lead car moves ahead while waiting for the order, then there would be enough room for four. She said that side of the building has been vacant for quite some time and the planning staff would like to support this venture. Larson commented the building is already set up for drive -through service with two-lane access giving space for six cars if necessary. Donahue said the problem would be solved by requiring customers to enter from the north. Wilson said that would solve the stacking problem, but it would make it difficult to serve the customers. Nystul commented he also likes to encourage new businesses, but the Council also has a responsibility to prevent traffic problems on Conway Drive. He asked Neier what would happen if the applicant can't abide by the stacking requirements in the Zoning Ordinance. Neier said the conditional use permit would be terminated. 1546 Snyder said she doesn't feel traffic will be "that big of a problem" because most of the customers will come in the form of walk-up traffic from the people who work in that area. In addition, she said the service window will be at the north end of the building and she's confident there will be enough room for three cars. Kukulski stated it seams pretty cut and dried. Either the proposal meets with the stacking requirements, or if not, the applicant could apply for a variance. Wilson said if the Council is concerned with traffic overflowing onto Conway, then a variance wouldn't solve the problem. She said an option the Council could consider would be to allow the operation of the espresso shop and deli, and not the drive -through. Larson suggested the Council approve the conditional use permit, and if they can't meet the requirements, then they can't operate their business. Graves said he feels the Council is creating a problem that doesn't exist. He said he's frequented espresso shops all over the valley and he's never had to wait in line very long. The motion as amended carried upon vote with Donahue voting against. FINAL PLAT APPROVAL - BUFFALO COMMONS, PHASE III, BLOCK II, LOT I This is a one -lot commercial subdivision located in the northwest corner of the Buffalo Commons development between Commons Way and Highway 93. Graves moved approval of the final plat for Buffalo Commons, Phase III, Block II, Lot I. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. UNITED WAY REQUEST FOR A UDAG LOAN AND RENOVATION GRANT Along with several other non-profit service providers, United Way is seeking assistance to relocate to Appleway Drive as part of a Human Services Complex. United Way is planning to renovate a current residential structure located at 40 Appleway Drive. Larson moved the Council authorize a UDAG loan in the amount of $133,500 at a six percent fixed interest rate for a term of twenty years, and approve a renovation grant in the amount of $28,800. The motion was seconded by Atkinson. There was discussion. Sherry Stevens Wulf, Executive Director of United Way, explained the long range goal is to establish a human services complex that would comprise most of the major health and human care agencies in one area. She said United Way has taken the leadership role by offering to relocate on the site. Wulf said United Way would like to borrow money from the City, rather than a private institution, because the loan payments would then be going back into the UDAG fund for future projects. Lee Berger, United Way President, stated this project would provide a permanent home for United Way, which has outgrown the current location. He said bringing the human agencies together will result in tremendous operational efficiencies as well as more productive client services. Mary Lee Oliverson, United Way President -Elect, said to date, in - kind contributions to the proposed facility totals over twenty five thousand dollars. Boharski commented United Way is looking at approximately $180,000 in purchase and renovation costs, and suggested it may be cheaper to build a new structure. Susan Moyer, PECDD, said because United Way doesn't provide services directly to the clients, they are not considered a public facility and therefore are not eligible for grant assistance for new construction like other human service agencies would be. She said the price is high because it costs more to upgrade a residential structure to a commercial structure. 1547 Boharski asked if it wouldn't be more cost effective to loan United Way the money to build a new building instead of trying to renovate an existing one. Wulf said part of the cost is the price for the land, not just the renovation. Berger said even if a new building could be constructed for eighty dollars a square foot, United Way is still better off with the renovation because of the cost of the land. Larson agreed that building a new structure wouldn't be any cheaper, and added the important thing is that United Way is willing to take the first step in a human services complex and encouraged Council members to support the City's investment. Nystul stated he feels the project is a good one and is needed in the area, but he has a problem with loaning the money from the UDAG fund. He said he feels the intent of UDAG is to generate more jobs and other proposals, such as one that Stream.com has proposed, may be more in line for those monies. Nystul suggested that United Way might look at private financial institutions to see if the same arrangement could be made. Atkinson commented it would not only be a positive move for the human service agencies, but the City would actually be making money with this loan of six percent because the fund is currently only receiving five point two to five point four percent interest. Kukulski said the complex would not only be beneficial to customers, but would also free up some prime downtown property when the agencies relocate. Kukulski agreed with Nystul that the primary function of UDAG monies is to create jobs, but added he doesn't feel a loan of $133, 000 will jeopardize the City's participation in other projects. Donahue said whether it's money from UDAG or other funds, he doesn't feel it's the City's "mission" to loan money. He said he would rather see the City participate by matching funds to those raised by United Way. Donahue said he can't believe United Way can't find a financial institution to loan them money at six percent. Van Natta said he feels it's important the City participate in giving this complex a "kick start" and the City should have its money working for it in a positive fashion, rather than just having it sit. Atkinson said prior to voting, he is required by law to inform the Council that the Agency on Aging is also looking at relocating to the new complex. (Atkinson works at the Agency on Aging) The motion carried upon roll call vote with Atkinson, Graves, Larson, Scarff, Van Natta and Boharski voting in favor, and Donahue and Nystul voting against. RESOLUTION 4522 - FLATHEAD INDUSTRIES DEED RESTRICTIONS Neier explained in 1981, the City gifted three lots to Flathead Industries for the purpose of building house for physically and mentally handicapped individuals. The deeds contained restrictions limiting the use of the property to housing for the handicapped and prohibiting sale of the property without the Council's approval. Last year, Flathead Industries purchased three dilapidated buildings on 5th Avenue West to construct a one story apartment building on the property. He said Flathead Industries needs to sell the original CDBG property to finance the apartment complex and on October 19, 1998, the Council approved a motion allowing removal of the deed restrictions. Neier stated since then, it was discovered that a removal of the impediments requires a resolution. In addition, his office has prepared a Deed Restriction Agreement to place the same restrictions on the new lots purchased by Flathead Industries to expire on January 1, 2031, approximately 50 years after the original grant. He said if the use is changed prior to that date, the agreement states Flathead Industries will pay the City $361,884, the amount originally expended by the City in purchasing the original lots and renovating the buildings. Neier said the agreement has been discussed with the Flathead Industries' Director and he has agreed to the terms. He said a motion to approve the resolution would also cover authorization to sign the Deed Restriction Agreement on the new property. 1548 Nystul moved Resolution 4522, a resolution authorizing the removal of deed restrictions contained in grant deeds executed on behalf of the City of Kalispell to Flathead Industries. The motion was seconded by Graves. There was discussion. Nystul moved to amend the termination date in the Deed Restriction Agreement to January 2, 2011, which is thirty years from the original date. The motion was seconded by Van Natta. There was discussion. Atkinson said the standard for grant competition is a fifty year restriction and questioned whether the Council has the right to change that to thirty. Moyer said in 1981, there wasn't any specified time required and the Council can set the term of the restriction to any number it wishes. She said the Staff suggested fifty years to make it conform with all the other housing grant applications the City has implemented. Nystul said he understands Flathead Industries doesn't have a problem with the fifty years, but he feels it's more reasonable to make the restriction for thirty. Larson said if Flathead Industries doesn't have any objection to the terms, then the Council is wasting time by even discussing it. The amendment failed upon roll call vote with Donahue, Nystul and Scarf voting in favor, and Atkinson, Graves, Larson, Van Natta and Boharski voting against. The motion carried unanimously upon roll call vote. DISCUSSION AND POSSIBLE MOTION ON A TEMPORARY DELAY OF MERIDIAN ROAD RIGHT-OF-WAY ACQUISITION Council has recently been discussing the possibility of relocating the County fairgrounds and redeveloping the existing site to commercial use. Public Works feels this potential change would have a substantial impact on the designed improvements of Meridian Road and would like Council direction on whether to delay ROW acquisition or let the acquisition move ahead as planned. Public Works Director Jim Hansz said he has recently discussed the issue with the consultant and it was determined that acquisition of properties on the west side of Meridian wouldn't need to be delayed at all. He said the recommendation now is to take a "more relaxed approach" to acquiring the property next to the fairgrounds, and not delay the acquisition of the other parcels. Atkinson said if that's the case, maybe the Council should just delete the item from the agenda. Hansz said the staff would still like some guidance as to what approach should be taken. He said we don't want to send a message to MDT that the City is interested in delaying a planned project, yet on the other hand, we don't want MDT to acquire property that the City may later have to deal with at a much higher cost. Van Natta moved to authorize the City Manager and/or the Public Works Director to ask MDT to take a relaxed approach on right-of- way acquisition of those properties along Meridian Road potentially impacted by redevelopment of the fairgrounds so long as it does not delay the project beyond its anticipated date of construction. The motion was seconded by Atkinson. There was discussion. Donahue said the Council should leave the matter to MDT's best judgement. Donahue moved a substitute motion to order MDT to proceed with deliberate speed in acquiring property for the Meridian Road project, while keeping in mind that potential fairgrounds development might pose some problems in the acquisition of certain parcels of property. The motion was seconded by Van Natta. 1 1 1549 There was no discussion. The motion carried unanimously upon vote. REQUEST FROM FRED WALLNER FOR ABATEMENT OF SPECIAL STREET MAINTENANCE AND STORM SEWER ASSESSMENTS Wallner owns a small house on approximately three acres and is asking for relief from City assessments. Finance Director Amy Robertson explained the average City home owner pays $73.00 for street and storm sewer assessments, yet Wallner is paying over $1,000 annually. She said staff is recommending a refund for the past three years. Scarff moved to abate Wallner's assessments in the amount of $2,852.88. The motion was seconded by Larson. There was discussion. Donahue said he feels it's unreasonable to expect the City to refund assessments for the past three years. He said Wallner could have requested this several years ago and he feels the Council needs to set a policy concerning these requests and let the administration handle them on a case -to -case basis. Kukulski said he agrees a policy needs to be set because as it stands right now, only those citizens that complain receive a refund. Larson said it wouldn't be fair to keep the Wallner's waiting and suggested the Council approve the abatement and then try to set a policy. Boharski said he doesn't have a problem with refunding some money to the Wallners, but he's concerned with it being retroactive. Kukulski said the last abatement was made for three years, but the Council is well within its rights to change that. Van Natta said the last request was made several times over three years before Council acted, and that's why the abatement was made for three years. He said this request is only for one year. Atkinson stated he's going to vote against the request for the simple reason that the Council really needs to set a policy for these abatements and this is as good a place as any to start. Robertson commented the policy the Council established was to have Staff bring each individual case before the members for a decision. Atkinson said that's not a workable policy and more needs to be done. Donahue suggested the Mayor appoint an ad hoc committee of the Council to work with Staff and develop a policy to present on the floor. Boharski said he would prefer the staff recommend a policy first. Fred Wallner stated he didn't come to the Council before because he didn't understand the tax numbers. He said it takes nine months of rent on that small house to pay the taxes on the property. Nystul commented when the street and storm sewer assessments were started, a provision was established for protest. He said there are not a lot of parcels in the City with unduly large lots and as a matter of equity, considering how long the Wallners have owned the property, Council should approve Staff's recommendation and authorize the rebate for the last three years. Nystul said then Staff can move forward on a policy. The motion carried upon vote, with Atkinson voting against. CITY MANAGER EVALUATION REPORT Per the Employment Agreement between the City and Kukulski, the City Council agreed to increase Kukulski's salary to $61,800 after six months of service, subject to a satisfactory performance evaluation by the City Council. Kukulski has been with the City six months as of November 1st. 1550 Graves moved that Kukulski has satisfactorily completed his first six months with the City. The motion was seconded by Larson. There was discussion. Boharski commented that before Kukulski was employed, there was quite a bit of dissension and few people would protest that Council made the right decision by hiring him. Larson agreed, saying since Kukulski came, things have been going smoother. He also commended Council members for improving their relationship with each other. The motion carried unanimously upon vote. CITY ATTORNEY EVALUATION REPORT Scarff moved a four percent pay increase for the City Attorney retroactive to July 1, 1999. The motion was seconded by Van Natta. There was discussion. Nystul commented that the Council needs to look at the fact that the City Attorney's salary is still behind some other non -union employees and this raise is well deserved. Graves agreed, stating Neier's increase over the past four years has averaged one point three percent and that's considerably lower than anyone else working for the City. Larson also commended Neier for his work over the past few years and said he hopes with things running smoother, Neier can attend to business instead of always putting out "ground fires". Boharski said he reluctantly agreed to the four percent because of how it looks to the bargaining units, but agreed it's well deserved. He cautioned the City Manager to look closely at pay raises to non -union employees in the future to make sure they are in line with the union employees. Donahue said he has stated many times over the last several years that the City Attorney is the only City employee that, by law, has to have a certain requirement. He said for that reason, he wishes the raise was for five or six percent. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski informed Council he hasn't had a chance to further investigate several City airport issues, but hopes to have an agenda item ready for December 20th. Kukulski updated the Council on Stream.com saying things are progressing in a "positive mode". Kukulski reminded Council of a special CAB meeting at the County Commissioners' office on December 14th. (Atkinson and Haarr will attend along with Donahue as the historian) Kukulski announced that he and his wife Nicole are the proud parents of a baby girl, Chelsea Noel, born December 1st. ADJOURN The meeting was adjourned at 10:08 p.m. 0 Wm.F-'bahars 1 Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk 1 11 1 approved December 20, 1999