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1A. Council Minutes - Regular Meeting January 19, 19991 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, JANUARY 19, 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, DOUG SCARFF, RON VAN NATTA 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 the Approval of Pledged Securities added to the Consent Agenda, and the deletion of one of the items under #11, the City Manager Selection. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting January 4, 1999 B. Approval of Claims per Payables Register-$200,933.95 C. Pledged Securities December 31, 1998 Van Natta moved approval of the Consent Agenda as presented. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PIMLIC Roxanne Brothers, 786 4th Avenue west North, stated she would like to see the formation of a three -member panel to review citizen complaints as provided in MCA 2-2-144. Ann Stafford, Arizona Street, criticized Haarr for making false statements on the radio and calling her a "hostile person" and the group she represents "sick people." She said since the Council has refused to organize an ethics review committee, her group will set up a watchdog ethics review board to monitor what the Council is doing. Rose Barrons, 541 West Colorado Street, said she doesn't like the "bickering" at City Council meetings and Council members are a "disgrace to the citizens who elected them." She said whoever is hired as the City.Manager is "doomed from day one, as he must work with a totally divided Council." 2 Delores Swanberg, Past President of the Northwest Montana Historical Society, thanked the Council for the 40-year lease with the Central School Museum. She said the Museum is something Kalispell and the entire Flathead Valley can be proud of. RESOLUTION 4444 - AWARD BID - LOT 4 - TETON TERRACE At a bid opening on December 23, 1998, Pacific Homes and Land, Inc. was the successful bidder to build a duplex on Lot 4 in Teton Terrace. Atkinson moved Resolution 4444, a resolution authorizing the Acting City Manager, Finance Director and Clerk of Council to execute the documents necessary to transfer Lot 4, Teton Terrace, Records of Flathead County, located in the NEIA, of Section 12, T28N, R22W, P.M.M., Flathead County, Montana to Pacific Homes and Land, Inc. The motion was seconded by Graves. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. . RESOLUTION 4445 -AWARD BID - LOTS 19 & 22 - WOODLAND COURT Pacific Homes and Land, Inc., at the same bid opening, was also the successful bidder for two single-family lots in Woodland Court. Larson moved Resolution 4445, a resolution authorizing the City Manager, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 19 and 22, Plat of Woodland Court, located in the SE'/4 of SE'/4, Section 17, T28N, R21W, P.M.M. , Flathead County, Montana to Pacific Homes and Land, Inc. The motion was seconded by Atkinson. There was discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in f avor. RESOLUTION 4446 - AMENDING RESOLUTION 3922 - TAX INCREMENT POLICY In 1990, the City Council adopted a Tax Increment Policy Manual setting forth the basis of review for projects which could qualify for tax increment funding. Susan Moyer, PECDD, has stated recent requests for loans from the TIP have necessitated a review and refinement of the previously existing policy. The document supplants the policy adopted in 1990. Graves moved Resolution 4446, a resolution adopting an application process and procedure for review for tax increment assistance authorized by ordinance 933 on redevelopment projects in the City of Kalispell. The motion was seconded by Scarff. 3 There was discussion. Donahue said he doesn't object to the resolution or what it's trying to accomplish, but it needs to include a system of how the money will be handled when the money is paid back to the City. He proposed that action on the resolution be postponed until the next meeting. Donahue said in the meantime, Neier and Moyer can develop a plan that shows not only where the money goes, but also provides for the final disposition of funds at the end of an Urban Renewal District authority. Donahue moved the matter be tabled until the City Attorney can include the above stated information in the resolution. The motion was seconded by Haarr. Neier stated right now the money is placed into the Tax Increment Fund. He said once the Tax Increment District is terminated, either by statute or action of the Council, all the monies remaining in the fund must be distributed to all other taxing jurisdictions according to law. The motion carried unanimously upon vote. QRnTNANCR 1299 MERICAN LAND & DEVELOPMENT INC. ZONING= OF R- 2 - 2ND READING At the last meeting, the City Council annexed certain real property owned by American Land & Development, Inc. located east of willow Glen Drive at Kelly Road. The property is currently zoned One Family Residential (R-3) under the Flathead County Zoning Regulations. In order to conform to the Kalispell Zoning Ordinance, the property needs an attached City zone of Residential (R-2) which provides for single-family dwellings and a minimum lot size of at least 9600 square feet. Haarr moved second reading of Ordinance 1299, 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 R-3, One Family Residential), to City R-2, Residential, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by van Natta. There was discussion. Scarff said he'll vote in favor of the resolution but believes anytime an area is annexed, it should be contiguous to the City. Haarr said it isn't always possible to annex contiguous property and it gives the City an opportunity to "backfill.' He said if the Council is looking at expanding the Wastewater Treatment Plant, then the City should provide for more people and those people should be within the City limits. n Boharski stated that over a year ago, and annex this area and then extended the current Council is in a "difficult with the completion of the project.' the Council decided to zone services. He said he feels position not to go forward Donahue commented he's been on the Council for over three years and he has no recollection of this coming before the Council in the past. He said it must have been "someone else in the City that gave him that assurance." Donahue said this type of annexation actually "impedes' the growth of a City because the people in between get the benefits of sewer and water without ever having to annex. Atkinson said in the past, the Council has annexed "islands' to the City and it didn't create a lot of goodwill. He said it's a poor way to approach the annexation process. Van Natta said the matter before annexation. He said the Council, to extend services to this area finish the process. the Council is the zoning, not the somewhere along the line, agreed and he feels the Council needs to 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 1300 SPECIAL STREET MAINTENANCE An RTSTMENT - 2mn READING Ordinance 1300 adjusts the Special Street Maintenance District Ordinance to allow for a reduction of assessments for individuals when the assessment is larger than the benefit they derive from the service. Scarff moved second reading of Ordinance 1300, an ordinance amending Ordinance No. 1035 by providing a method for adjusting Special Street Maintenance Assessments, and providing an effective date. The motion was seconded by Graves. There was discussion. Donahue moved an amendment by changing the last line in Section I to,read: by inserting the word "adjusted,' between "special" and "charges," and then adding at the end, "and the period for which they shall apply.' The motion was seconded by Haarr. Donahue said the adjustments will vary from case to case and the amendment will clarify the intent. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon.roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. 5 ORDINANCE 1301 - UNIFORM BUILDING CODE, ET. AL - 2ND READING The Montana Department of Commerce, Building Codes Division, has adopted various uniform codes applicable to buildings within the State of Montana. The City of Kalispell, if it wants to retain its building enforcement system, must adopt those same -codes. Larson moved second reading of ordinance 1301, an ordinance to adopt, by reference, the "Uniform Building Code," 1997 Edition; the "Uniform Mechanical Code" (ICBO version), 1997 Edition; the `Uniform Plumbing Code," 1997 Edition; the "Council of American Building Officials, one a Two Family Dwelling Code," 1995 Edition; The "Uniform Code for Abatement of Dangerous Buildings," 1997 Edition; the "Uniform Housing Code," 1997 Edition; and the "Model Energy Code," 1993 Edition; as the Building Codes of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, 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. Van Natta asked if the fees are any different from what we have now. Neier said Staff didn't want to raise any of the fees and that's why there's reference to the 1988 Edition of the Codes. The motion carried unanimously upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta -and Boharski voting in favor. AUTHORITY TO ADVERTTSS FOR pROPOsALs FOR SALE OF LOTS 1 AND 3 - DALEY FIELD Neier explained the City has received several inquiries on the remaining lots at Daley Field and selling the property will provide funds which could be used for projects such as the Highway 93 construction and airport improvements. He said he would like Council's permission to prepare advertising documents for Lots 1 and 3 of Daley Field. Atkinson moved the Council authorize the City Attorney to prepare documents to advertise for sale Lots 1 and 3 of Daley Field. The motion was seconded by Van Natta. There was discussion. Haarr said the Council has been notorious for spending money about as quickly as it appears and he's afraid if the lots are sold now, the money won't get it's best use. Haarr added the land isn't going anywhere and he'd like to see a review of the property value before making any decision at this time. r Neier said the Staff isn't going to advertise without Council's approval but he would like to get started on the paperwork. Scarf said he agrees with Haarr and added he would like to look into the possibility of splitting Lot 3 into two -parcels. Neier said the problem with splitting that lot is access. He said the only access to that south parcel is off Kelly -Road and there are restrictive covenants and cross easements involved. Donahue said he doesn't agree with past comments that leasing the property could create problems to the City. He said his main concern with selling the property is the effect it would have on the airport. Donahue said there are still too many unanswered questions and "nobody in their right mind will bid on it unless they know what kind of building they can build and how close they can build it to the present airport." van Natta said he will vote against the motion, not because he believes that leasing is the right thing to do, but because he also has some questions as to the effects on the airport. He added, however, the Council shouldn't wait too long in making a decision. Boharski agreed, stating the Highway 93 South project is going to cost a minimum of 2.4 million dollars and if the Council waits too long, a construction season will be lost. He said a five million dollar building generates one hundred thousand dollars a year in property taxes and if it's the will of the Council to clarify certain things he would like to see it done quickly. Larson said the City has received a lot of professional advice that leasing isn't the answer and you "need to strike while the iron is hot." He said just because the City has offers now, doesn't mean there will be off-ers in the future. Haarr said he doesn't want to hold it off indefinitely, but more research needs to be done and the property's value needs to be established. Atkinson said after hearing the discussion, he doesn't want Neier and Moyer to waste their time preparing a document that has "little chance of being utilized." Atkinson withdrew the motion. ATX�PTION OF 9-1-1 INTERIOCAL AGREEMMU Deputy County Attorney Jonathan Smith has re -drafted the Interlocal Agreement including all of the recommendations made by the Council. van Natta moved to authorize the Mayor to sign the 9-1-1 Interlocal Agreement. The motion was seconded by Haarr. 7 There was discussion. Van Natta commended the jurisdictions involved. Boharski commented the funding for the program is from an assessment of twenty five cents that has been placed on phone bills for approximately three years. The motion carried unanimously upon vote. CONTRACT APPROVAL - INTERIM CITY MANAGER - AL THELEN Thelen has agreed to serve as interim manager for approximately ninety days for a payment of six thousand dollars per month, an automobile and round trip air fare once a month. Larson moved the Mayor enter into an agreement with Al Thelen for the stated term in the contract. The motion was seconded by Graves. There was discussion. Larson questioned the wording in the contract that states "until such time a permanent City Manager can be selected and available to the City." He said what would happen if the Council wanted to terminate Thelen's services prior to a manager being hired. Neier stated the agreement is exactly like the last one the Council entered into with Thelen, and he doesn't feel there would be any obligation to retain him after the ninety days. The motion carried unanimously upon vote. COUNCIL COMMENT^�TNFy ORMATION�QUESTIONS Neier informed the Council that Tim Orthmeyer will be at a Work Session January 27 at 7:00 p.m. to answer any questions the Council may have on the Master Plan Study for the airport. Haarr stated that several communities are contracting to supply utilities within their community and it's been recommended that it's an opportunity to provide utilities at a good price to residents and asked Neier to look into the program. Donahue said at the last City -County Joint Meeting it was suggested that the governmental users, such as the School District, Flathead County and the three Cities, should get together and form their own organization. E3 Atkinson said at the last meeting it was mentioned that of the top eleven City Manager candidates three were still interested. He said it was suggested that Chris Kukulski be interviewed and if the Council liked him, to hire him. Atkinson said according to a letter from Kukulski, he's had conversations with Haarr and Boharski, which Atkinson said he wasn't aware of until it was suggested Kukulski be interviewed first. He asked Haarr and Boharski what the conversations with Kukulski involved. Boharski replied he received a phone call from Kukulski asking if the position was still open. He said as far as he knows the references are still being checked and he's not aware of any decision to interview Kukulski first. Haarr said Kukulski had called the Chamber of Commerce asking for some names of business people and a list of Council members and the Chamber suggested he call him since he's both. Atkinson said Haarr has always advocated leasing the balance of the property at Daley Field. He commented that Haarr mentioned that the bank he works at has a client that wants to lease Daley Field and asked whether that's a conflict of interest for him to participate in any further discussion or votes. Haarr answered the man he mentioned was just inquiring as to what opportunities there were for financing and was told his request for financing exceeds the limits of the bank. He added he isn't a customer of his and wouldn't be. ADJOURN The meeting was adjourned at 8:37 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa White Clerk of Council