1A. Council Minutes - Regular Meeting February 1, 19991
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, FEBRUARY 1, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY
NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND
INTERIM CITY MANAGER AL THELEN WERE PRESENT. COUNCIL MEMBER
NORBERT DONAHUE WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the agenda as presented. The motion was
seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting January 19, 1999
B. Approval of Claims per Payables Register-$311,723.60
Atkinson moved approval of the Consent Agenda as presented. The
motion was seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Marshall Noice, 647 6th Street East, said the Downtown Business
Association would like to continue the dialog on changes for the
downtown area and stated he would have more specific ideas at the
next work session.
Ann Stafford, West Arizona Street, welcomed Al Thelen to Kalispell
and suggested the Council listen to Thelen regarding a new City
Manager. She said Thelen is very experienced and asked the Council
to hire someone unknown to all members.
Richard Salsbury, Spokane, representing Rosauers Supermarkets,
Inc., asked the Council approve Agenda Item #4 concerning the zone
change for the Daley Field lot purchased by Rosauers. He said he
is disappointed to have to appear before the Council because at the
time of the Rosauers' purchase, it was indicated the property was
already zoned B-2 and asked the Council to fulfill that agreement.
Art Thompson, Airport Advisory Board Member, said the Board's only
concern about the zone change for Rosauers is that it doesn't affect
FAA requirements.
ORDINANCE 1302 - ZONE CHANGE - JANAE MOORE, at al. - 1ST RFADING
Janae Moore, et al., has made an application to change the zoning
classification of Lots 7 through 12, Block 233, Kalispell 4th
E
Addition, from RA-1 to RA-3. The change would essentially convert
the affected lots from a duplex classification to a
duplex/professional classification.
Larson moved first reading of Ordinance 1302, 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 as Lots 7-12, Block 233, Kalispell 4th Addition, Section
7, Township 28 North, Range 21 West, P.M.M, Flathead County
(previously zoned RA-1, Low Density Residential Apartment) to RA-3
(Residential Apartment/Office), in accordance with the City -County
Master Plan, and to provide an effective date. The motion was
seconded by Nystul.
There was discussion.
van Natta said he's concerned about changing the character of a
neighborhood that's designated for single family homes.
Haarr said he also wonders whether the zone change is a good idea.
He said he received a phone call from a resident who's concerned the
zone change will "creep" to other areas. Haarr stated he feels
there's a good possibility of that happening and asked if the
Council wants to preserve the residential character or intersperse
the area with offices and other uses allowed under RA-3.
Nystul said he agrees to some degree, but said across the street to
the west is a B-2 zone, and the RA-3 designation is a more logical
transition than RA-1. He added the zone change is relatively minor
and allowing commercial use in that area may conserve the existing
buildings.
Steve Kountz, FRDO, said this type of zone change encourages
community growth by providing additional small business development
opportunities near the center of the City of Kalispell. He said it
also provides for a closer connection and better transition between
the arterial business districts and the neighborhoods beyond them,
and improves transportation efficiency by development clustering.
Atkinson commented he's in favor of the change stating it's a fairly
low impact way of expanding the business district within the City
and providing for the possibility of a resident having his office
close to where he lives.
Boharski said he has mixed emotions, however as long as the City
can limit the types of offices in the area, the mixed uses are
appropriate.
The motion carried upon roll call vote with Atkinson, Graves,
Larson, Nystul, Scarff, and Boharski voting in favor, and Haarr and
Van Natta voting against.
ORDINANCE
1303
-
ZONE CHANGE - CITY OF
KALISPELL & RSI L.LC - P-1 TO
B-2 - 1ST
RENDING
Kalispell subdivided
Daley Field into three lots,
When the
City
of
all but
about
80
feet of the area was
re -zoned from P-1 to B-2 to
3
accommodate commercial operations. Lot 2 of Daley Field, which was
sold to Rosauers, encompassed the 80 feet referred to. The City
sold the property on the basis of the B-2 classification which was
referred to in the offering documents.
Haarr moved first reading of Ordinance 1303, 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 as Lots 1, 2 and 3, Daley Field Subdivision, Section 20,
Township 28 North, Range 21 West, P.M.M., Flathead County
(Previously Zoned P-1, Public) to B-2 (General Business), in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded by Graves.
There was discussion.
Larson asked if the zone change would jeopardize FAA financing.
Neier answered Rosauers has indicated the building would be located
no closer than 270 feet from the existing runway centerline, and no
higher than 20 feet, so no matter what the property is zoned, it's
not going to affect the Object Free Areas. He added even if the
runway is adjusted, it would be to the west, not the east, putting
the runway centerline even farther away.
The motion carried upon roll call vote with Atkinson, Graves,
Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in
f avor. .
RESOLUTION 4446 - TAX INCREMENT POLICY - AMENDS RESOLUTION 3922
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. At the last meeting,
Council discussed the disposition of funds repaid pursuant to loan
agreements, and the Policy has been altered designating that the
funds repaid after the expiration of the District shall be returned
to the respective taxing jurisdictions.
Scarff-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 Graves.
There was discussion.
Boharski said the City has to comply with State Law when Tax
Increment ends, and asked if the added language in the resolution
could put the City in a difficult position down the road.
Thelen said there's a lot to be said about keeping as much
flexibility in this type of area as possible. He said you always
have to adhere to law, but getting so specific tends to "tie the
Council's hands." Thelen added, however, the Council can always
amend the resolution later.
4
The motion carried upon roll call vote with - Atkinson; -- Graves,
Haarr, Larson, Nystul, Scarff, van Natta and Boharski voting in
f avor. .
LIN Oj N MASTER PLAN AMENDMENT UPDATE
Neier explained the Daily Interlake reported that the Flathead
Board of County Commissioners (BOCC)had approved -the Master Plan
Amendment requested by Bill Lincoln in the area of Conrad Drive and
Anderson Lane. After asking for a copy of the Resolution, it was
discovered the BOCC passed a resolution of intention, not a final
resolution. Neier stated the Council, on January 4, decided to
table final action on the request until the Commissioners complete
their process. He asked Council members if that is still their
wish.
Van Natta recommended leaving the matter tabled until the
Commissioners take final action.
Haarr said the reason the Commissioners passed a resolution of
intent is because they feel the change shouldn't occur unless there
is a consideration for sewer and water service to be available to
the property. He said the Commissioners are not opposed to the
change, but feel the City should "take the lead" because the Council
has the authority to grant or deny the sewer and water service.
Haarr urged the Council to place the matter on the next agenda and
make a decision.
Van Natta said the resolution makes no mention of water and sewer
service.
Nystul stated the property is in the County and the Commissioners
should make the decision. He said this is a land -use planning
decision, not an extension of services or utility extension
agreement.
Larson said he agrees, but if the County's decision hinges on
whether the City will agree to water and sewer service, then the
Council needs to decide that issue first.
Neier commented the extension of services to that area is a matter
of zoning and it's premature to even be talking about the sewer and
water when the issue is a Master Plan change.
Boharski said Bill Lincoln is expecting an answer on his
application and suggested that Neier draft a resolution to be
considered at the next council meeting on February 16.
Nystul stated the City's resolution has to coincide exactly with
that of the County's, and to be certain of the wording, the Council
should wait until the Commissioners take the final step.
The Council agreed to act on the amendment request at the first
regularly scheduled City Council_ meeting following the
Commissioners final decision.
5
APPROVAL OF PHASE I - KATISPEL.L CITY AIRPORT MASTER PLAN STUDY
At a work session on January 27, the Council received the Phase I
Feasibility Study for the Kalispell City Airport. Before Phase II
can begin, approval needs to be received from the Council.
Larson moved the Council authorize the Mayor to accept the Phase I
Feasibility Study and continue with -Phase 'II. --The motion was
seconded by Nystul.
There was discussion.
Boharski said a letter received from Michael Ferguson, the
Administrator of the Montana Aeronautics Division, expressed
concern that the FAA is requiring a 34:1 approach slope rather than
the standard 20:1 approach slope for a utility runway. Boharski
asked if that should be addressed by the Council.
zoning Administrator P.J. Sorenson said after researching the
issue, he determined that the 34:1 approach slope is actually
suggested as the "ultimate" approach surface, but is not required.
The motion carried unanimously upon vote.
ATTTHORITV TO ADVERTISE FOR BID - RIM DRIVE HEATING SYSTEM - WWTP
Public Works Director Jim Hansz explained there's a problem with the
collection sweeps in the primary clarifiers at the Wastewater
Treatment Plant. He said the sweeps, which facilitate the movement
of sludge to the center of the clarifiers for re -cycling, utilize
a wheel system which travels on the rim of the clarifiers. Hansz
said during cold weather, icing on the rim impedes the wheel
movement and the sludge simply falls to the bottom of the
clarifiers, resulting in a plant 'up -set." He said he feels the
problem could be remedied by the installation of a boiler to heat
and circulate a glycol solution through an industrial hose imbedded
in the rim which is estimated to cost about $30,000.00.
Scarff moved to authorize the Public works Director to advertise
for a Rim Drive Heating System. The motion was seconded by Graves.
There was discussion.
Boharski asked if the money for the heating system was in the
budget, or if a budget amendment is required.
Hansz stated money has been found in the current budget to complete
the prof eet
The motion carried unanimously upon vote.
CONFTRMATION OF JACK FALLON - BR^ -AT LARGE FOR CITY -COUNTY
PLANNING SOARRD
Boharski explained that Jack Fallon Yias1 expressed an interest in
serving as a member at large on the City -County Planning_Board and
the Board has recommended the Council^approve his appointment.
0
Van Natta said he's not in favor of the appointment because Fallon
has been a "thorn in the side of the City" over the past several
years. In addition, he said Fallon is a member of the Evergreen
Water and Sewer Board which could be perceived as a conflict of
interest.
Van Natta moved to deny the appointment. The motion was seconded
by Graves.
Larson said he will vote against the confirmation because he feels
Fallon would be "less than objective" about decisions where the City
is concerned.
Atkinson said he also opposes Fallon, specifically because of
Fallon's involvement in "scuttling" the City's attempt to annex
Evergreen, even though Fallon and others initially agreed to the
annexation.
Haarr commented the member at large doesn't necessarily represent
the City or the County. He said Fallon's position on the Evergreen
Water and Sewer Board keeps him well informed about the different
issues facing the area and added he'd rather have someone like
Fallon with experience and knowledge then someone that has to be
trained.
Boharski agreed, stating Fallon is very intelligent and it would be
"a positive" having somebody from the Evergreen area on the Planning
Board.
The motion to reject carried upon roll call vote with Atkinson,
Graves, Larson, Nystul and Van Natta voting in favor, and Haarr,
Scarff and Boharski voting against.
UPDATE - CITY MANAGER SELECTION
Thelen informed the Council that three of the Council's original top
candidates are still interested in the job. He said prior to
conducting any interviews, the Council has to agree on certain
criteria. Thelen said he feels certain benefits are important such
as a car allowance, moving expenses, membership to a professional
organization along with any fringe benefits the other City
employees receive. He suggested the Council invite all three
candidates, along with their spouses, and show Kalispell "its best
face." Thelen said that includes a tour of the area and a
reception similar to the one held before.
Graves asked if there was a standard length of contract,'for a City
Manager.
Thelen answered a contract is as long as the Council wants them to
be here. -He said the severance pay is designed to give a Manager
some time •to move if the Council decides they don't warm that
person. .Thelen said normally the contracts are not fora`
given
term, but -`there does need to be some -give and take, sucft as the
Manager giving the Council at least 60 days notice if he or she
plans to leave.
Boharski commented the Council brought in three candidates last
time and wondered if it wouldn't work better to bring in one at a
time this go around.
Thelen said he feels all three should be invited but it's the
Council's decision. He added, however, that by bringing the
candidates in one at a time, it lengthens the process considerably
and the chance of losing one to another job is greater.
Scarff stated it was his understanding that the Council already
decided to bring in one candidate at a time. He said the Council
has been through the other process and it didn't work.
Atkinson said he hasn't determined who the top candidate is and he
feels there would always be a lingering question as to the other
candidates if the Council hires the first one they see. He said he
wouldn't feel comfortable hiring one of the candidates without
seeing the other two.
Van Natta agreed, stating he wants to see all of the candidates
before he decides.
Graves said he also would like to meet all of the candidates and if
it costs a few extra dollars, then so be it.
Graves moved the Council invite all three candidates. The motion
was seconded by van Natta.
The motion carried upon vote with Scarff voting against.
COUNCIL. COMMENTS ,/INFORMATION/QUESTIOr7S
Scarff asked if it would be possible to meet with the County
Commissioners concerning the Lincoln Master Plan Amendment request.
He said it looks like the issue is at a stalemate right now.
Thelen said he felt Commissioner Williams was thinking of having a
work session after the decision on the master plan has been made.
Boharski suggested checking with the Commissioners to see if they
want to act alone or have a joint meeting.
Haarr commented that apparently the testing site at Highway 93 and
Highway 2 has registered enough particulate to require- a fuel
additive starting in October.
Larson said it's not particulate matter, it's carbon monoxide. He
explained there's been a task force that has been meeting for over
a year that's determined that oxygenated fuel is the only cure for
the problem, however, there hasn't been a date set yet for
implementation. Larson said he and Hansz have been working on the
situation and will give a presentation to the Council in the
future.
0
Atkinson asked Boharski the status of legislation to change the tax
increment financing procedures so that tax increment dollars could
be used outside the tax increment district.
Boharski said legislation has been drafted to give cities the
ability to use tax increment funds for extension of services. He
said he's been interested in it because of discussions by the
Council concerning funding for the Highway 93 South project.
Atkinson said he's concerned the change would affect citizens who
are "paying the bill" in the tax increment districts and not
receiving any of the benefits.
Boharski said the idea is to limit the use to capital expenditures
and infrastructure and that a tighter time frame be established.
Larson commented that he has the same concerns as Atkinson. He said
if the money is going to be used to "supplement the budget," then
the City will find less cooperation from the taxing jurisdictions.
Boharski said he was looking at the legislation as an advantage,
especially with the passage of CI-75, which will make it difficult
to annex areas and extend utilities. He added the City of Kalispell
hasn't taken a formal position on the issue.
AWDnM
The meeting was adjourned at 9:10 p.m.
Wm. E. Boharski
Mayor
ATTEST:
Theresa white
Clerk of Council