08/21/00 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, AUGUST 21, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE
LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER
CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Amended Agenda. The motion was seconded
by Scarff.
Boharski explained the only changes to the agenda were to delete
the second reading on a change to the subdivision regulations since
it was already approved at an earlier meeting, and to move items
eight and nine to the top of the agenda.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Approval of Claims per Payables Register-$512,431.18
2. Award Bid - Ambulance
The City received two bids for a 1999 or newer Type I
Ambulance. Wheeled Coach submitted a bid of $69,416 with McCoy
Miller bidding $73,210. Staff recommended Council award the
bid to Wheeled Coach.
Van Natta moved approval of the Consent Agenda. The motion was
seconded by Larson.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
None
PUBLIC COMMENTS ON RESOLUTION TO SUBMIT CDBG AND HOME GRANT
APPLICATIONS
Susan Moyer, Community Development Director, explained the City is
required to receive public comments seeking input on eligible grant
activities that CDC should be investigating. She said it also
concerns the submission of applications for a CDBG Housing and
Neighborhood Revitalization grant, along with a HOME grant for the
construction of a 40-unit senior apartment rental project to be
known as the Second Avenue West Redevelopment Project, Phase I.
Moyer said the grants for the project would amount to $932,000.
Boharski asked for public comments.
Chris Foster, Hampstead Partners, outlined the proposal for the
senior independent living facility on 2nd Avenue West stating it
will cost 3.7 million dollars to construct. He stated grants and
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August 21, 2000
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loans are needed for the facility to become a reality and
encouraged Council to authorize the applications.
Sherry Stevens -Wulf, Executive Director of United Way, informed the
Council they are now located in their new facility on Appleway
Drive and thanked the Council for its support. She asked the
Council to keep several projects as high priorities: the Senior
Home Repair Project, the 40-unit Senior Apartment Complex, the
Glacier Affordable Housing Program and the Human Services Complex
on Appleway.
Ivan Laurensen, 450 Small Lane, spoke in support of the grant
applications and encouraged the Council to keep the Appleway
Project as a high priority.
Susan Christofferson, Nurturing Center, said she strongly supports
the senior housing complex stating there is a serious need for
elderly housing. She also supported continued growth of the Human
Services Complex on Appleway saying she hopes the Nurturing Center
can move there in the future.
Doug Rauthe, Executive Director of Northwest Montana Human
Resources, commented that all of the Senior housing projects in the
core area of Kalispell are full and encouraged support of the grant
applications.
Terry Herriges, 392 2nd Avenue West North, said she's involved with
Head Start, which provides services for over 200 families per year.
She said Head Start would also like to move to the Human Services
Campus on Appleway and asked the Council to keep that project as a
high priority.
Moyer informed Council that the Community Development Department
has made a strong effort to obtain citizen input on eligible
activities under the CDBG and HOME programs. She said the input
becomes the building block for future activities and encouraged
Council to approve Resolution 4580.
RESOLUTION 4580 - CDBG GRANT AND HOME GRANT APPLICATIONS
This resolution authorizes the City Manager to apply to the Montana
Department of Commerce for grants to construct a 40-unit senior
apartment complex.
Scarff moved Resolution 4580, a resolution authorizing submission
of grant applications to the Montana CDBG and HOME programs. The
motion was seconded by Leistiko.
There was discussion.
Atkinson announced he may have a conflict of interest because he
works for the Agency on Aging.
Haarr asked Foster how much of that half of block the project would
encompass.
Foster answered on the south side of the block, the building
housing the sport, lock and sign shops will be rehabilitated, with
the beauty shop remaining as it is.
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Kenyon asked if the apartments would be similar to Big Sky Manor in
that non -senior, disabled adults would be eligible for residency.
Foster said that hasn't been determined yet.
Boharski asked about the administrative costs.
Moyer stated $72, 000 from the grants can be used for administrative
purposes on each project, but how much will actually be needed is
undetermined.
Haarr questioned the tax status of the project.
Foster said Hampstead has promised the property will be on the tax
rolls.
The motion carried unanimously upon roll call vote with Atkinson
abstaining.
MEMORANDUM OF UNDERSTANDING - ADMINISTRATION OF GRANTS
Council approval is needed to enter into a Memorandum of
Understanding with Flathead County and Glacier Affordable Housing
for the Community Development Department to administer the grants.
Larson moved approval of the Memorandum of Understanding with
Flathead County and Glacier Affordable Housing. The motion was
seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
ORDINANCE 1360 - 1ST READING - MUNICIPAL INFRACTIONS
This ordinance authorizes the classification of certain City
offenses and municipal infractions.
Neier explained that currently, violations of City ordinances are
classified as criminal offenses. He said the 1999 State legislature
passed a bill permitting cities to decriminalize violations of city
ordinances by designating them as "infractions". Neier said there
are a variety of offenses which could be classified as
"infractions", such as parking, zoning and building violations. He
stated in his opinion, converting violations from "crimes" to
"infractions" has several advantages: 1) the burden of proof on an
"infraction" changes from "beyond a reasonable doubt" to "clear and
convincing evidence"; 2) classifying an offense as an "infraction"
entitles the alleged offender to a judge trial only, eliminating
the right to a jury trial, and; 3) decriminalization reduces
"crimes" to a civil matter similar to a small claims action and a
disposition can be accomplished without City Attorney involvement.
Neier said if Ordinance Nos. 1360 and 1361 (penalty for municipal
infractions) are passed, his office will revise a series of City
ordinances designating violations as "infractions".
Leistiko moved first reading of Ordinance 1360, an ordinance
authorizing the classification of City offenses as municipal
infractions, prescribing enforcement procedures and penalties,
allowing for appeals, and establishing an effective date. The
motion was seconded by Scarff.
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Boharski said he has several concerns with this ordinance. He said
it takes away the rights of the individual by reducing the burden
of proof from "beyond a reasonable doubt", it doesn't allow an
indigent individual the right to an attorney, and you can only only
appeal on issues of law, not on issues of fact.
Neier said as it stands right now you are not entitled to an
attorney if you are charged with a crime that doesn't carry any
jail time. He said staff feels the change to "infractions" on many
offenses is the proper way to handle a lot of cases that are
difficult and time consuming such as parking tickets.
Kukulski commented the Council is not changing any current City
violations at this time, but it will give the City the right to
look at each violation in the future and make a determination.
Leistiko agreed, stating the Council will have a chance to review
each "infraction" prior to being approved.
Van Natta said he doesn't have a concern with the change and feels
there are some violations that apply to this.
Kenyon stated he agrees with the Mayor, commenting it makes him
nervous when "efficiency and justice are used in the same
sentence".
The motion carried upon roll call vote with Haarr, Kenyon and
Boharski voting against.
ORDINANCE 1361 - 1ST READING - PENALTY FOR MUNICIPAL INFRACTIONS
This ordinance excludes municipal infractions from the general
penalty provision.
Scarff moved first reading Ordinance 1361, an ordinance amending
Ordinance No. 834 S 1 (§ 1-9, Kalispell City Code) by excepting
municipal infractions from the general penalty provision and
establishing an effective date. The motion was seconded by Larson.
There was discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1362 - 1ST READING - TRAVEL POLICY
This ordinance repeals the travel policy in the Kalispell City
Codes because it's covered in the recently approved Personnel
Policy Handbook.
Scarff moved first reading of Ordinance 1362, an ordinance amending
Chapter 2, Administration, Kalispell Municipal Code by amending
Ordinance 1166, repealing § 2-43 (Travel Policy); authorizing the
City Attorney to recodify § 2-44 in accordance with this ordinance
and declaring an effective date. The motion was seconded by
Atkinson.
There was no discussion.
The motion carried unanimously upon roll call vote.
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ORDINANCE 1363 - 1ST READING - FIRE PROTECTION ASSOCIATION STANDARD
NFPA 99C, GAS AND VACUUM SYSTEMS
This ordinance allows the City to inspect medical gas and vacuum
systems.
Larson moved first reading of Ordinance 1363, an ordinance to
adopt, by reference, the National Fire Protection Association
Standard NFPA 99C, Gas and Vacuum Systems 1999 Edition, and
applicable to the jurisdictional area thereof; adopted and approved
by the Building Codes Division, Department of Commerce, State of
Montana; to provide a penalty for the violation of any lawful order
issued pursuant thereto; and establishing an effective date. The
motion was seconded by Atkinson.
There was discussion.
Neier explained it's an optional inspection, but the City has
employees already trained for this service and the building
department felt it would be preferable to have the City do the
inspections rather than wait for the State.
Haarr questioned if the State already performs the inspections, why
would the City want to add another job and another "level of
bureaucracy".
Neier said it just makes sense to inspect the medical gas and
vacuum systems as part of the medical facility inspection package.
Larson said he feels it would be a benefit to the local contractors
because they wouldn't have to wait for the State which could hold
up the project for several weeks.
Counsell agreed, stating since the buildings are in the City, he
feels it's the City's responsibility that all codes are met.
The motion carried unanimously upon roll call vote.
RESOLUTION 4578 - NOTICE OF PUBLIC HEARING - WATER RATES AND METER
FEES
Due to needed infrastructure replacements, water rates need to be
raised to generate additional revenue and to implement a water
meter replacement program. A public hearing is scheduled for
October 16, 2000.
Van Natta moved Resolution 4578, a resolution setting a date for
public hearing on a proposal to adopt increases in the fees,
schedules, rates, charges and classifications imposed on the
customers of the City of Kalispell Water Utility. The motion was
seconded by Larson.
There was discussion.
Haarr asked if the water department's profit and loss statements
can be obtained prior to the public hearing.
Kukulski said he would provide them with a copy.
The motion carried unanimously upon roll call vote.
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RESOLUTION 4579 - NOTICE OF PUBLIC HEARING - SEWER RATES
Additional revenue must be raised in order to fund revenue bond
coverage and provide for maintenance and operation of the City
Sewer System. A public hearing is scheduled for October 16, 2000.
Van Natta moved Resolution 4579, a resolution setting a date for
public hearing on a proposal to adopt increases in the fees,
schedules, rates, charges and classifications imposed on the
customers of the City of Kalispell. The motion was seconded by
Counsell.
There was no discussion.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORT
Larson said the Council has received an invitation from the Chamber
of Commerce for an "Economic Vitality Tour" to Spokane and was
wondering if it would be possible for some Council members to
attend.
Boharski suggested members think about it and discuss the issue at
the work session August 28th.
ADJOURN
The meeting was adjourned at 8:15 p.m.
ATTEST:
eresa White
City Clerk
Approved September 5, 2000
Win-F-10401.
Wm. E. Boharski
Mayor
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