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A. Council Minutes - Regular Meeting March 15, 19991 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 15, 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, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. 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. CONSENTS AGENDA APPROVAL A. Council Minutes -Regular Meeting March 1, 1999 Council Minutes -Special Meeting March 3, 1999 B. Approval of Claims per Payables Register- $229,865.90 C. Proclamation -Harmony Week Nystul 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. RECOGNITION OF OVER 28 YEARS OF SERVICE BY ASSISTANT FIRE CHIEF ORLAND LELAND Fire Chief Ted Waggener commended Leland for his many years pf service and presented him with a plaque. Jt&C�-A _W11tC1k st 1 04 The following spoke in favor of the request: Max Battle, Whitefish, Attorney for Unicore Robert Guditis, A 2 Z Engineering, 662 Country Way John Vincent, Owner of "Chokecherry Ridge" and co -applicant, Polson Russ Linnell, 1943 Blue Stone Creta Lund, 1505 Whalebone Drive Mona Wagner, 217 Apple Tree Circle Bruce Long, Great Falls Ron Lambrecht, Kalispell business owner, Somers Brenda Vincent, Owner of "Chokecherry Ridge" and co -applicant, Polson F The following spoke against the request: Matt Montgomery, 477 5th Avenue East North Ed White, adjoining property owner, Fernwell Apts. #102 Marge White, adjoining property owner, Fernwell Apts. #102 Sue Ellen Anderson, 484 8th Avenue East North Jeri Andersen, 476 5th Avenue East North Steve Cheman, 494 5th Avenue East North Lance Staub, 459 3rd Avenue East North Kerry Culver, 461 East California Street Georgia Staub, 459 3rd Avenue East North Clara Anderson, 484 8th Avenue East North Estelle Will, 494 East California Street Arla Culver, 461 East California Street Robley Carr, 550 4th Avenue East North In consideration of the audience, Boharski proposed moving Agenda Item #9, the Unicore Request, to the next order of business. There was no objection. RESOLUTION 4453 - RESOLUTION TO APPROVE UNICORE DEVELOPMENT'S (CHOKECHERRY RIDGE CONDOS) ANNEXATION AND ZONING REQUEST BASED ON PLANNING STAFF'S RECOMMENDATION OR RESOLUTION 4454 - RESOLUTION TO REJECT UNICORE DEVELOPMENT'S (CHOKECHERRY RID =E CONDOS) ANNRXAT,TON AND ZONING REQUEST BASED ON PLANNING BOARD'S RECOMMENDATION The project under consideration includes the construction of a 10- unit residential cluster development on the north side of California Street between 5th and 6th Avenues East North. Even though the Planning Staff recommended approval with several conditions, the Planning Board denied the request on a vote of 5 in favor, 2 opposed and 1 excused. Thelen said he feels there's a serious due process issue here because changes to the project were received at 4:45 p.m. today and the staff has not had a chance to review the new information. He said the Planning Commission had a public hearing relating to the original project proposal, which has now been significantly changed. Thelen stated he feels the Council should send the matter back to Planning Staff to review the new material and the Planning Commission should hold another public hearing. Neier agreed, adding that under administrative law, all the information is supposed to be provided at the time a public hearing is held. He said the Council is only supposed to act on the record, which he feels has been "significantly expanded this evening beyond anything that was offered at the Planning Board% Atkinson moved the Council re -direct the proposal to the City - County Planning Board for reconsideration and public hearing. The motion was seconded by Donahue. There was discussion. 3 Tom Jentz, FRDO, said it keeps the issues "clean" when it goes back to the hearing process but he has seen other communities handle it both ways. Donahue suggested the Council deny the request and let the developers start from scratch. Boharski commented he doesn't see where there has been a substantive change in the project because the developers are still proposing a 10-unit condominium complex. He said the only changes that have been made were those trying to address the concerns of the Planning Board. Jentz said the developers, however, still don't have an adequate site plan and conditions recommended by staff have not been met. Thelen stated due process is a clear issue, regardless of what the City has done in the past He said it's unreasonable to think the staff can look at a new plan in ten minutes and added in his opinion, there have been substantive changes. Battle said he feels the conditions have been met, but if the City Attorney is uncomfortable with the issue, then the Council should send it back to the Planning Board. The motion carried unanimously upon vote. AUTHORIZE ADVERTISEMENT FOR BID - CENTRAL SCHOOI, NORTH PARKING LOT Sitescape Associates have prepared plans and specifications for the north parking lot of Central School and requested the City's authorization to advertise for bids. Public Works Director Jim Hansz informed the Council that the specifications and bid package were received this afternoon and staff hasn't had a chance to study it. He said his main concern is the lack of lighting. Boharski asked if it would be a problem to delay the bidding for two weeks. Thelen answered it wouldn't pose a problem to postpone it and it's another example of receiving the plans at the last minute. Council agreed to consider the issue at the April 5th meeting. AWARD BID - FIRE TRUCK The City received five bids on the purchase of a 1500 GPM Certified Midship Pumper Fire Truck with Big Sky Fire Equipment having the low bid of $203,265.00. Thelen explained the low bidder is such because Big Sky is a Montana Corpor tion and receives the three percent bidder's preference. 1� bn, 4 Graves moved to award the bid to Big Sky Fire Equipment for $203,265.00. The motion was seconded by Scarff. There was discussion. Donahue stated it appears the new fire engine is necessary, but he still feels the City needs an overall equipment replacement plan. The motion carried unanimously upon vote. AWARD BID - RIM DRIVE HEATING SYSTEM- WWTP This item was authorized for bid by the City Council in order to place heating elements in the pipes of the secondary clarifier. Of the five bids received, Garden City Plumbing submitted the lowest bid of $27,978.00, $520.00 below the engineer's estimate. Larson moved the Council award the rim drive heating system bid to Garden City Plumbing & Heating in the amount of $27,978.00. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon vote. This resolution will amend Resolution 3306 by changing the perimeter boundary of the airport to a line which reflects the FAA transitional and approach surfaces. The passage of this resolution is important to the Daley Field development, including Rosauers and the two parcels that have not been sold. This resolution was reviewed with Morrison- Maierle Inc. and the Airport Advisory Board and both support its adoption. Zoning Administrator PJ Sorensen explained there are a number of problems with the current resolution. He said Resolution 4451 re- establishes the perimeter boundaries according to FAA requirements, focuses more on the runway and establishes more reasonable height restrictions to the Daley Field area. Atkinson moved Resolution 4451, a resolution amending Resolution 3306 by redefining the perimeter boundary of the landing field of the Kalispell City Airport. The motion was seconded by Graves. There was discussion. Nystul stated the Phase I Feasibility -Study shows the Object Free Area as 250 feet from the centerline, and the new resolution shows only 125 feet. Sorensen says when using the State Statutes, there are certain limitations, and one of those is that there wouldn't be an Object Free Area. He said in essence there is still an Object Free Area, it's just not the ideal size everyone would like to see. 5 Donahue commented State law requires that you measure from the boundary of the airport and not from the centerline. The motion carried unanimously upon roll call vote. RESOLUTION 44R2 - FIXED ASSET POLICY Finance Director Amy Robertson has requested a change in the City's policy for capitalizing fixed assets. In 1985, the current policy of $5,000 plus 5 years life was established by the Finance Committee. Robertson is requesting the City change the policy to $2,000 and 5 years, except for computer hardware which would depreciate over 3 years. Haarr moved Resolution 4452, a resolution establishing a policy for the capitalization of fixed assets. The motion was seconded by Van Natta. There was discussion. Donahue suggested that departments should also create a tracking program for equipment of a lesser value so it doesn't just disappear. The motion carried unanimously upon roll call vote. RRSOLUITION 4455 - RESOLUTION AUTHORIZING PARTICIPATION IN BOARD OF INVESTMENT LOAN PROGRAM FOR PURCHASE OF KUAOTA TRACTOR AND THERMOPLASTIC APPLICATOR This resolution is the follow-up paperwork to complete a $37,000 loan for a $22,000 commercial mower and $15,000 thermoplastic applicator. Boharski commented the mower and applicator have already been approved in the budget. - Van Natta moved Resolution 4455, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE SO4 - ORDINANCE ESTABLISHING MUNICIPAL COURT FILING FEES 2ND READING This ordinance establishes fees for the City's Municipal Court at a level between the fees for Justice Court and District Court. n Donahue moved the second reading amending Ordinance No. 1166 by Municipal Court and declaring an seconded by Atkinson. There was no discussion. of Ordinance 1304, an ordinance establishing civil fees for the effective date. The motion was The -motion carried unanimously upon roll call vote. COUNCIL COMMENTSJINFORMATIONIQUESTIONS Scarff said Council should have received copies of a news article concerning a noise ordinance in Fort Lupton, Colorado which requires offenders to meet once a month to listen to an hour of court -selected music. He said he has asked the Police Chief to look into the possibility of establishing a similar punishment in Kalispell and asked Garner if he's looked into it. Chief Garner answered he needs to discuss it with the Manager and the City Attorney because it will require changes to the current ordinance but he feels it would be "do -able." Donahue asked Neier for an update on the Valley Bank Parking Lot purchase. Neier said he's learned this week that the "deed is in the mail" and the City will have to close on the property in the next few weeks. Donahue said he had spoken with Thelen earlier concerning the city airport and asked him to give the Council a summary of his experience on City airport operations. Thelen said when he was in Helena the Airport Authority was independent from the City, and in Billings, the airport is a separate department that answers to the City Manager and uses an advisory committee. He said in his opinion, using an Airport Authority in the City of Kalispell doesn't make any sense. Thelen said he feels the airport should be a division of a City department and in the long term would be much more successful than it is now. ADJOURN The meeting was adjourned at 10:30 P.M. Wm. E. Boharski Mayor ATTEST: Theresa white Clerk of Council