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A2. Council Minutes - Regular Meeting June 1, 19981 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 1, 1998, 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, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPRO-VAL Haarr moved approval of the Agenda as presented. The motion was seconded by Nystul. There was discussion. Atkinson moved a substitute motion to add 1st Night Flathead as Agenda Item #15. The motion was seconded by Larson. The substitute motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting May 18, 1998 B. Approval of Claims per Payables Register-$481,846.48 C. Proclamations - National Flag Day Kalispell Aviation Week Nystul moved approval of the consent agenda as presented. The motion was seconded by Van Natta. Boharski questioned Ross Plambeck, PECDD, about a $2,000.00 payment from Community Development to FRDO. Plambeck answered the payment was a commitment from the UDAG budget for an update to the Master Plan. Boharski proclaimed June 14, 1998 as National Flag Day and the week of June 12-8,1998 as Kalispell Aviation Week. The motion carried unanimously upon vote. HEAR THE PUBLIC Cliff Collins, 302 Salish Court, said he takes offense to remarks made at recent meetings that the past Council pushed through the Central School Museum. Alex Hilton, 425 Main Street, Kila, stated since City Manager Clarence Krepps' firing, the only concern he has now is what is best for the City. He said he has two proposals for the City Council: 1) that no employee be terminated during the tenure of an Interim City 2 Manager and, 2) that Mayor Boharski resign immediately. Therese Fox -Hash, 490 Kookosint Trail, speaking on Agenda Item #10, asked the City to support the Master Plan Update and contribute $500.00 toward the project, the same amount being asked from the County. Doug Denmark, 815 Rose Crossing, speaking on Agenda Item #4, stated he proposes to buy the National Flood Service building and would be available to answer any questions. Jim Thompson, 160 Riverview Drive, speaking on Agenda Item #5, said he and his partners are interested in the KDC site and would also be available to answer any questions. Jerry Begg, 220 Woodland Court, commended the Council for leading the City in a "new direction" and said he disagrees with the comments Mr. Hilton made. Roger Pales, 375 V-� Avenue WN, criticized the Council for recent actions and said they should listen to the people. 'UPDATE ON CENTRAL SCHOOL. PROJECT - JAMES R- MCa0NALD; R $TT r. T McDonald, of James R. McDonald Architects, explained the Central School Museum project began in December, 1997 and was anticipated to take about one year. He said the project is a little under 50% complete and should be finished around the first of October. Paul Filicetti of JRMA showed slides. Boharski asked if there was any truth to the rumor that they struck water while digging the elevator shaft. McDonald answered they did, and because of the water, the elevator had to be changed from hydraulic to piston. AWARD BID --NATIONAL FLOOD SERVICE BUILDING Neier explained that bids were opened on May 19� with proposals being submitted from Doug and Debbie Denmark, Gilliland Enterprises and Meridian Industrial Partners, Inc. The Kalispell Development Corporation Executive Board has recommended the City enter into a Development Agreement with Doug and Debbie Denmark for $275,000.00, with a net to the City of $250,000.00 following a credit for development of a parking lot on Lots 1 and 2. Larson moved the acting City Manager to execute the Purchase and Development Agreement with the Denmarks. The motion was seconded by Graves. There was discussion. 3 Doug Denmark showed plans for the development, which he said should coincide with construction surrounding the area. Boharski asked that assuming the motion passes, at what point in time would they be complete with all of the signage and the parking lot. Denmark answered within 45 days on the building, and probably by August for the parking lot. The motion carried unanimously upon vote. AWARD BID - KALISPELL DOWNTOWN CENTER Neier explained that one proposal was submitted for the Kalispell Downtown Center Site. He said Meridian Industrial Partners, Inc. has offered $406,450.00 for Lots 4-16, and the south 11 feet of Lot 3, Block 36, and Lots 1-4, and the north 7 feet, Block 45. He said his office has just finished a draft of the Development Agreement and he hopes to have the draft finalized by Monday, June 8th. Thompson commented he would like to see the Development Agreement signed as soon as possible to enable construction on the first building to start right after the 4th of July. He said the tenants would like to be in the building by November for the Holiday Season. Donahue moved the bid be accepted and that the City Attorney finalize a Development Agreement with Meridian Industrial Partners, Inc. by Monday, June 8th. The motion was seconded by Larson. There was discussion. Atkinson said past requirements of builders included a provision that if the project wasn't built in certain amount of time, they would have to pay the taxes in lieu of the building. Neier answered that requirement was never included on this property. He said it was required for Rosauers, Haven Field and the Kalispell Center Mall because the City was concerned that bonds may have to be sold to complete the projects, but it doesn't appear any bonds have to be sold for this site. Atkinson asked about requirements on materials and density. Neier said there are no requirements on those items in the Agreement. He said the density and the buildings proposed meet the zoning requirements. Atkinson stated he will vote against the motion because he doesn't feel the proposal meets the standards of the "highest and best use of the property." 4 Nystul noted a condition included the texturing of the alley surface and asked whether the City will be required to do that. Plambeck, PECDD, said the texturing is designed to tie in with the "Plaza" effect. He said it would cost approximately $7,500.00 to do the entire alley. Plambeck added it would be a "handsome addition" to the project and funds are available in the budget. Nystul moved an amendment to direct the Acting City Manager to get a proposed change order from the contractor to incorporate the alley texturing in the Agreement. The motion was seconded. The amendment carried upon vote with Atkinson voting against. The amended motion carried upon vote with Atkinson voting against. RESOLUTION 4403 - BUFFALO STAGE -PHAGR III ANNEXATION The properties proposed for annexation are located west of Whitefish Stage Road approximately 1,000 feet. Neier explained the property is currently zoned County RA-1, Residential Apartment. Buffalo Chip Partners have requested that if the property is annexed, it receive two different zoning classifications, RA-1 on 13 Lots and R-5 on a single three -acre Lot. Atkinson moved Resolution 4403, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain real property described in Exhibit A, to be known as Buffalo Stage Phase III; to zone said property Low Density Residential Apartment, RA-1, and Residential/Professional Office, R-5; to amend the City Zoning Map accordingly, and to declare an effective date. The motion was seconded by Graves. There was discussion. Nystul opposed the annexation, stating he feels the City is stretching its services. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor and Nystul voting against. ORDINANCE 1288 - BUFFALO STAGE INITIAL ZONING - 15- READING Neier explained that in accordance with the resolution annexing the property, the Council should also pass the ordinance zoning the property as RA-1 and R-5. Atkinson moved Ordinance 1288, 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 5 Exhibit A (previously zoned County RA-1, Low Density Residential Apartment), City RA-1, Low Density Residential Apartment, and R-5, Residential/Professional Office, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Nystul. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. SIGNAL. UPGRADE PROJECZ AGRRFMENTS/RESOLUTION 4404-CITY MAINTAINEn ROUTES & RES0LUTI0N 4405_STAT_EMAIN AIN .D ROUTER Neier said the agreements deal with the updating of certain traffic signals at various locations in the City of Kalispell. One agreement focuses on traffic lights on Highway 93, with the other agreement concentrating on traffic lights on streets or avenues adjacent to Highway 93. He added both resolutions are required by the State and all Council members must sign if passed. Nystul moved Resolution 4404, which states; It is hereby resolved by the City Council of Kalispell that the City Agreement of Federal Aid Project No. NH-STPHS 6799(18) with the State of Montana, acting by and through the Department of Transportation, is adopted by this Council; and the Mayor of Kalispell is hereby empowered and authorized to execute said Agreement on behalf of the City Council of Kalispell. The motion was seconded by Scarff. There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. Haarr moved Resolution 4405; It is hereby resolved by the City Council of Kalispell that the City Agreement of Federal Aid Project No. NH-STPHS 6799(18) with the State of Montana, acting by and through the Department of Transportation, is adopted by this Council; and the Mayor of Kalispell is hereby empowered and authorized to execute said Agreement on behalf of the City Council of Kalispell. The motion was seconded by Scarff. There was discussion. Donahue asked why two resolutions have to be passed since they say the same thing. Jim Hansz, Public Works Director, explained one resolution has to do with lights that are on the State route, the other with lights on City streets. He said it's nothing more than an agreement that shows the Federal government that the City will continue to 6 maintain those lights the way we have been. Neier added even though the resolutions are exactly the same, they have to do with two different locations and are all one part of a State contract that will probably be awarded to one contractor. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. APPROVAL - FRDO__ADMAL WORK PROGRAM Neier explained FRDO is asking for Council approval of its 1998 Work Plan which includes updating the City -County Master Plan and the Kalispell Zoning Ordinance. Van Natta moved to approve the Work Plan as presented by FRDO. The motion was seconded by Atkinson. There was discussion and Narda Wilson answered questions. Boharski asked when the updates would be completed. Wilson said the Master Plan should be scheduled for a public hearing during the Fall of 1998, or the start of 1999. She added the Planning Board is working through the Zoning Regulations a topic at a time, and those should go before the public around December. Wilson asked for input from the Council on any changes or comments they may have on the Zoning Ordinance. The motion carried unanimously upon vote. FUNDING REO SF�ST _FROM CITY -COUNTY PLANNING BOARD TO T PDA DR MASTER PLAN Neier explained the Planning Board is asking for $500.00 to help assist with the hiring of a Facilitator to develop a Consensus Document from three documents on the Master Plan. He added the Planning Board is also asking for $500.00 from the County which would provide the $1,000.00 needed to hire the Facilitator. Nystul moved the City of Kalispell appropriate $500.00 toward the hiring of a Facilitator as requested by the City -County Planning Board. The motion was seconded by Haarr. There was discussion. Donahue objected to the request, stating FRDO should be able to find $1,000.00 in its budget. He said the City already contributes "quite substantially" to FRDO. Scarff asked whether the County has agreed to donate and why the Planning Board can't complete the process. 7 Steve Kountz, Senior Planner, said the request will go before the Commissioners on June 2nd. He explained the Facilitator will look at the three different documents, which contain substantial differences, and provide one consolidated document. Atkinson explained the initial drafting of the plan was created by three separate committees acting independently of one another. He said the next step is for the Facilitator to assemble one committee from the three to pull all of the findings together to form a consensus which he feels provides a credibility to the process. Scarff said he would like to make an amendment that the City appropriate the $500.00 as long as the County also contributes. Nystul agreed to incorporate the requirement in the main motion. Haarr suggested that possibly the $1000.00 should be budgeted. Kountz answered the first meeting is scheduled for June 15, prior to the budgeting process. Van Natta said the Council should move forward with the appropriation and set an example for the Commissioners. The motion carried upon vote with Donahue, Haarr and Boharski voting against. RESOLUTION 4406 --PUBLIC- HEARING NOTICE=_ BUDGET AMENI.N= Neier stated the budget amendment is needed to cover severance costs for the retirement of Police Chief Addison Clark and Assistant Chief Donald Hossack, as well as the departure of City Manager Clarence Krepps. He said the exact payoff amount is not available yet, so he suggested the Council notice the maximum amount allowed, which is $60,000.00. Nystul moved Resolution 4406, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1997-98 Budget adopted by the City Council for the purpose of appropriating funds for severance benefits. The motion was seconded by Haarr. There was discussion. Nystul said he wanted to point out that the money is coming from cash reserves, and not other sources. Donahue moved an amendment to Section I adding, after the $60,000.00, "for lump sum benefits to retiring Police Officers Addison Clark and Donald Hossack, and City Manager Clarence Krepps." The motion was seconded by Haarr. There was discussion. 0 Larson asked whether the budget amendment would affect the purchase of a fire truck. Neier stated the money allocated for a fire truck would not be touched. The amended motion carried upon vote with Atkinson voting against. The main motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. Neier noted that he appointed Frank Garner as Interim Police Chief. Garner said he greatly respects Clark and Hossack and assured the Council the Police Department will continue to meet the same standards of Police services the City has become accustomed to. TN FRT, AT A =R .MRNT - CITY-COtTNTY HEALTH DEPARTMENT Neier explained the agreement has now been finalized and includes a provision for two appointed members from the City and six from the County. He said a motion approving the agreement would be appropriate. Donahue moved the City adopt the proposed Interlocal Agreement to create the City -County Board of Health and to authorize the Mayor to sign the agreement and to direct the City Attorney to prepare adequate copies for signature and filing as required by Section 7- 11-107, MCA, and to authorize the Mayor to make the appointments as provided therein. The motion was seconded by Larson. There was discussion. Nystul stated he feels the new agreement clarifies the budget procedure for the Board of Health. Donahue agreed, saying it "polishes up" some of the procedures that were in doubt under the old agreement, and will give the Council a chance to look at where the City's money is going. The motion carried unanimously upon vote. DISCUSSION - DOWNTOWN -PLANNING WORKSHOP Neier explained three consultants, or consulting firms, appear to be available for a Downtown Revitalization workshop; Kennedy Smith, Dan Burden and HyettPalma, Inc. Boharski stated downtown business owners are working hard at trying to revitalize Kalispell and would like some help from the Council. Nystul said he would like input from the downtown business owners as to which consulting group they feel would be the most beneficial. Plambeck informed the Council that a conference is scheduled in Butte, June llth, to discuss a Main Street Program in Montana. He said the meeting may give the Council a better direction as to how the City may tie into that program. Haarr said he feels the downtown business owners should decide on the group they want for the workshop with the City authorizing an expenditure for half the cost. He said by matching City funds, the business people will also have an investment in the project. Nystul suggested the Council wait until after the June llth meeting before deciding what to do. Van Natta stated the consulting firms should submit proposals to the Council and downtown business owners before any money is allocated. Larson and Nystul suggested a member from the Council attend the Butte meeting. AWARD BID ` DIGESTER AND FFRMENTER REH_ARTT.TTATTON PROJECT Nystul told Council members that bids for the project were opened May 29'th with three bids received. Hansz explained F.D. Thomas from Medford, Oregon was the low bidder and recommended the Council accept the bid at a price to be set by negotiation. He said the Engineer, after looking over the bid, feels the contractor may have overestimated the difficulty of a portion of the job, specifically the removal of existing ballast shelf tie rods. Hansz said the bidder has agreed to go over the bid June 3rd. Atkinson moved the City accept the bid of F.D. Thomas for the Wastewater Treatment Plant Digester and Fermenter Rehabilitation Project for a price not to exceed Three Hundred and Fifty Two Thousand and Seven Hundred and Sixty Three Dollars ($352,763.00). The motion was seconded by Graves. There was discussion. The motion carried unanimously upon vote. DISCUSSION - 1ST NIGHT FLATHEAD Atkinson said the Council has received several requests from Tatsy Guild requesting Council's endorsement of 1st Night Flathead and he feels the Council should support the New Year's celebration. 10 Atkinson moved the Council direct the Mayor to write a letter endorsing the 1st Night Flathead proposal. The motion was seconded by Graves. There was discussion. Donahue said he doesn't know anything about Tatsy Guild or 1st Night International. He commented you often see groups getting endorsements for various things, collect money and then disappear. Donahue suggested the Council research the program prior to getting "tangled up in it." Boharski said he could look into the event, draft a letter and bring it back to the Council at the next meeting. Atkinson withdrew the motion. .ACTING CITY MANAGER'S- REPRT Neier informed the Council that he has contacted Al Thelen, past Kalispell Interim City Manager, and was told Mr. Thelen would be willing to work for the City again, but would not be available until late August or early September. Neier said Thelen did give him two names of possible candidates: Tom Palmer from Estes Park, Colorado and Dick Larson of Billings. He said Palmer is available immediately for around $6,500.00 a month. Larson would also be available but could only work part time. Neier added he also contacted an organization in Seattle and was informed an Interim City Manager could be provided within a short period of time for a cost of approximately $46.00 per hour or $7,800.00 per month. COUNCIL COMMENTS/INFORMATION/OUESTTONS Van Natta asked when the Council will be looking at the budget for next year. Boharski said the preliminary budgets should be ready for the work session scheduled for June 8. Finance Director Amy Robertson said in the past the Council, after receiving the budgets, has scheduled work sessions with each Department Head. She said the Council can schedule the work sessions however it wants. Boharski said he apologizes if recent comments he made concerning the economic development in Evergreen were taken the wrong way. He said he meant them as a compliment. Donahue informed the Council that the Solid Waste Board is looking at a new fee schedule and he hopes when the fees are set, it will give the citizens of Kalispell a better deal on their assessment for the landfill. 11 Several Council members thanked Ad Clark and Don Hossack for their many years of service and wished them well. Atkinson moved to adjourn. The motion was seconded by Nystul. The motion carried unanimously upon vote. The meeting was adjourned at 9:42 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa White Clerk of Council