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A. Council Minutes - Regular Meeting Oct 19, 1998 & Special Meeting Oct 22, 19981 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 19, 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, 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. Boharski asked the record show that Nystul is absent because he is attending a Public Service Commission meeting concerning Flathead Electric Coop's purchase of Pacific Power and Light. AGENDA APPROVAL Haarr moved approval of the Agenda as presented with the addition of the Airport Authority Agenda as suggested by the City Attorney. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting October 5, 1998 B. Approval of Claims per Payables Register-$568,036.87 C. Pledged Securities and Treasurer's Report - September 30, 1998 D. Proclamation - Red Ribbon Week Atkinson moved approval of the Consent Agenda as presented. The motion was seconded by Van Natta. There was discussion. Scarff questioned a claim for a generator for Juniper Bend in the amount of $10,374.00. Public Works Director Jim Hansz explained the claim was for an emergency generator requirement for the Juniper Bend Sewage Lift Station. He said the developer was required to install.- the generator but failed to do so in accordance with the bond requirements. Hansz said on advice from the City Attorney, the bond security was forfeited and the City purchased the generator. Donahue said he was informed by Nystul that there will be a session on Friday afternoons for Council members to review the claims. He asked Finance Director Amy Robertson to explain. 2 Robertson said Council members are welcome any time to review the claims but she has no plans for a scheduled meeting. Scarf asked for a breakdown of the Central School expenses. Boharski questioned a claim for three monitors and asked why the prices were different for each one. Robertson answered the claim is actually for one monitor and two programs. Boharski commented on a claim for a temporary zoning administrator and asked whether the position is part-time or full-time. Robertson said the position is full-time and is being contracted out through a local employment agency. The motion carried unanimously upon vote. HEAR THE PTA No one spoke. Parks Director Mike Baker is recommending the Council award Parsons Tractor a contract to supply a commercial grade outf rout mower at a cost of $20,032.00. Larson moved the Parks Department enter into a contract with Parsons Tractor & Implement to supply the mower. The motion was seconded by Graves. There was discussion. Scarff asked Baker whether the old mower will be retired or kept in reserve. Baker stated the mower is almost fifteen years old and will probably go to auction this Spring. Donahue asked if the new mower can be converted to a snow plow in the Winter. Baker said a broom or blade can be added at minimal cost. The motion carried unanimously upon vote. REQUEST BY FLATHEAD INDUSTRIES TO SELL• REAL PROPERTY Neier explained that in 1981, one of the City's first Urban Renewal Programs involved the CDBG funding of housing for developmentally disabled clients of Flathead Industries. He said three houses were acquired and turned into nine apartments with two conditions: the property had to be used for handicapped individuals; and the 3 City has to approve any sale of the property. Neier stated Flathead Industries has recently purchased three dilapidated buildings on 5th Avenue West and intend to construct a one story apartment building on the property. He said Flathead Industries needs to sell the original CDBG property to finance the apartment complex and a motion by the Council authorizing a deed removing the conditions imposed on the CDBG property will enable the project to proceed. Donahue moved the impediment b transferred with the condition that CDBG property be placed on the seconded by Haarr. There was discussion. e removed from the deed and the restriction on the original new property. The motion was Susan Moyer, PECDD, stated this is a win -win situation because the property Flathead Industries has purchased is "horribly substandard." She said not only will the City be getting rid of three highly blighted parcels, but it will also be perpetuating housing for the developmentally disabled. The motion carried unanimously upon vote. AUTHORIZATION TO SIGN COMMERCIAL LOAN AGREEMENT Neier stated over the past two years, the City has given all core area banks the opportunity to participate in the City's three percent loan program. He said the contracts previously executed are about ready to expire and new agreements need to be executed. Neier explained the City writes the interest down to three percent under its agreement with the banks. He said Moyer has discovered the interest rate on the loans has been reduced from nine and one half percent to nine and one quarter percent and a motion authorizing the City Manager to execute the agreements with core area banks is appropriate. Graves moved the Council authorize the City Manager to execute the agreements. The motion was seconded by Scarff. There was discussion. Haarr commented the program has been extremely effective and it has created an opportunity within the retail and business segment of the community to get a business started or continue a business at an affordable price. Atkinson agreed, stating the Community Development Department should be commended for its approach in helping economic development in the downtown area. Boharski asked how many banks are involved in the agreement and how much money will be available to applicants. 4 Moyer answered every bank in the core area with the exception of one. She said there is approximately eighty five to eighty seven thousand dollars available. The motion carried unanimously upon vote. ORDINANCE 1295-ADOPTION OF REVISED KALISPELL CITY CODES -1ST READING Neier stated at a recent meeting, the Council discussed passing an ordinance adopting the revised Kalispell City Codes. He said the ordinance is now ready for approval. Neier added he has also spoken with Sterling Codifiers on the cost of indexing the Codes and was quoted a price of approximately one thousand dollars. Donahue moved ordinance 1295, an ordinance of the City of Kalispell, Montana, adopting a revision and codification of the ordinances of the City of Kalispell entitled "The Code of the City of Kalispell, Montana," providing for the repeal of certain ordinances not included therein, with certain exceptions, and for other purposes hereinafter set out. The motion was seconded by Haarr. There was discussion. Donahue asked Neier how up-to-date the codes will be. Neier answered the codes will include those ordinances adopted on or before October 19, 1998. Donahue stated as far as the indexing, if the index is as bad as the one the City has now, then the thousand dollars isn't worth it. Neier said he plans on getting an example from Sterling Codifiers, but the work Sterling does includes a computer search also. The motion carried unanimously upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, van Natta and Boharski voting in favor. _EMER STR .ET PLAZA DEVELOPMENT AGREEMENT Neier explained the agreement with CMA, L.L.P. concerns a grant of approximately $16,0000.00 and a loan of $75,000.00 to CMA for development of the Center Street Plaza complex. Neier said Brad Walterskirchen, a principle in the organization, informed him today that he approved of the agreement. He said the Council, by consensus, approved the concept at a workshop in September and a motion to authorize the City Manager to execute the document is in order. Larson moved to authorize the City Manager to enter into an agreement with CMA, L.L.P. for the development of the Center Street Plaza. The motion was seconded by Graves. There was discussion. 5 Atkinson said he feels good about the project but he'll vote against it simply to encourage developers to look at livable communities that promote business developments that are "aesthetically pleasing" for pedestrians. He said plans for the development place the stores at the back of the lot with parking in front. He said that means there will be parking lots on both sides of the street in that area and he doesn't believe that makes an "aesthetically pleasing" walk for pedestrians. Haarr commented there is a substantial amount of landscaping planned between the street and the parking lot. The motion carried upon vote with Atkinson voting against. APPROVAL OF AIRPORT AUTHORITY MINUTES - MAY 19, 1999 Haarr moved approval of the Airport Authority Minutes as presented. The motion was seconded by Graves. The motion carried unanimously upon vote. APPROVAL OF JOB DESCRIPTION - AIRPORT MANAGER The City Council agreed to budget eight thousand dollars to hire a part-time Airport Manager. Neier stated approval of the job description will allow the job to be advertised. Larson moved approval of the Airport Manager job description as presented. The motion was seconded by Haarr. There was discussion. Airport Advisory Board member Fred Leistiko stated there are quite a few duties listed in the job description that only someone with an aviation background can perform. He recommended that a section be added under education and experience requiring some sort of aviation background. He said the Airport Authority is going to have to rely on the Manager to deal with the pilots and it would help if he had an adequate background. Haarr moved to amend the motion by adding applicants must hold, or have held, a pilot's license. The motion was seconded by Larson. There was discussion. Airport Advisory Board member Gib Bissell said he wouldn't limit the requirement to a pilot's license, but rather an aviation certificate. Haarr and Larson agreed to change the motion to reflect the recommendation. The amendment carried unanimously upon vote. 0 Donahue commented it's going to be hard to find somebody that fits the job description for eight thousand dollars a year. Leistiko suggested the Authority make the base pay eight thousand dollars and then make arrangements that the Manager can earn more if they can generate enough revenue to justify it. Bissell said everything was built into the job description to cover the next few years but the main focus right now needs to be on revenue generation to make the airport self supporting. The main motion as amended carried unanimously upon vote. AIRPORT FENCING• Neier stated there isn't a requirement to bid the fencing which will cost about fifteen thousand dollars. He said quotes will be requested from at least two local businesses and the lowest proposal will be accepted. Neier asked for a consensus from the Council that quotes be obtained. Bissell said Morrison and Maierle feel a large portion of the fencing on the north side can be done without interfering with future airport plans. The Council gave approval for obtaining quotes. Larson inquired as to an office for the Manager. Bissell said both of the FBO's have offered office space. Donahue commented another possibility is the vacant building at Lion Park. Bissell said that building would not only be good for an office but could also include public restrooms. AIRPORT FEES The Council has suggested a review of the current airport fees in conjunction with raising additional revenue. The fees that are being used were set by Resolution 3773 in 1987. Boharski asked Bissell if the Advisory Board has compared the current airport fees with other areas and whether they have a recommendation. Bissell stated a lot of the rates being charged are well below what is being charged elsewhere, including Polson and Ronan. He said this would be a good time to review the fees. Bissell added however that a good portion of hangar leases are at a set rate until the year 2004 and 2006 and there's nothing that can be done with those until the leases expire. Boharski said he would like to see the resolution updated prior to any additional leases being signed. Graves commented a user fee of twenty five dollars per year is way out of line. He said to park your car downtown is three hundred dollars per year. Van Natta said the City needs to finish the Master Plan, determine the number of hangars that can be built, and then have a system in place to select who gets the hangars. Leistiko stated the hangar sites should be identified within three to four months and he thinks there will be a lot of room for hangars, both large and small. Donahue said he thinks the first thing that needs to be done is a revision of Resolution 3773 because the airport is going to have to become self supporting. COUNCIL COMMENTS/INFORMATION/QUESTIONS Haarr asked that a short Council meeting be held Monday, October 22'd, to discuss the request for annexation by the State in conjunction with ValleyDome. Neier said a Resolution of Intent could be ready by Monday night if the Council wishes. He said once the resolution is passed, a notice has to be published prior to holding a public hearing. Atkinson spoke against the request, stating this issue has a lot of public interest and the resolution should be handled at a regular Council meeting and televised. Boharski clarified the resolution is simply an intent to annex so the process isn't held back another twenty to thirty days. He said by dealing with the resolution on the 22nd, the ValleyDome PUD Agreement and the State annexation can be handled at the same time on November 16. Atkinson said he understood the Department of Transportation was placing caveats on their intent to annex and asked if those caveats have been met, such as a guarantee the valleyDome will be built. Neier stated the Request to Annex had absolutely nothing attached. Boharski said Atkinson's concerns will be addressed on November 16`h when the entire project is looked at. Atkinson stated he still feels the issue should be handled at a regular meeting. It was agreed a special meeting will be held on October 22nd before the work session. Atkinson deferred to the will of the Council. 8 Haarr asked Fire Chief Ted Waggener if there's, been any plans made on lowering the City's ISO rating and asked for an update on the fire engine. Waggener said the Department's been working on the specifications for a fire engine and an ambulance. He said as far as the ISO rating, he just sent two people to Great Falls for a two day seminar on ISO and the Department's been working on training. Donahue commented on a recent plan of the Parks Department to transport Seniors to Missoula to shop. He said he's had several calls from past and current business people in Kalispell objecting to that outing and even though it's been canceled, he hopes Parks Director Mike Baker will take a closer look at these types of outings. Donahue asked Police Chief Frank Garner for an update on a request to check into the problem of obstructions at intersections. Garner said he expects a memorandum to be complete within two weeks identifying the problem intersections. He said the property owners have already received a written notice to remove any trees and shrubs that are obstructing views. Donahue, referring to recent memorandums from Robertson and Neier concerning the airport, said the City has a 'messy situation' in regard to the Airport Authority and suggested the Council try to find a way to correct the problem. Larson inquired as to the status of building removal on the Equity site. Neier said under the agreement, next fall is the deadline for removal of the buildings. Scarff also commented on the plan to take Seniors to Missoula and said he also received calls and asked if there is a particular group of Citizens that promote these kinds of programs. Baker said there's a whole gamut of Seniors involved in Parks programs and they submit recommendations on things they'd like to do. He said the idea evolved from a recent Libby shopping trip to Kalispell that the City of Libby helped sponsor. Baker said the Seniors were going to find their own transportation and the Parks Department was simply acting as a "clearing house for registration." Atkinson moved to adjourn. The motion was seconded by Donahue. The motion carried unanimously upon vote. ADJOURN The meeting was adjourned at 8:45 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council 1 A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 22, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS 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. COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Mayor Boharski called the special meeting to order. AGENDA APPROVAL Haarr moved approval of the agenda with the addition of public comment and the deletion of the Council's report on the Montana League of Cities Conference. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Marye Flowers, 2770 Upper Lost Creek Road, Whitefish, said she is concerned that the Resolution of Intent before the City Council has not received adequate public notice. She said a letter to the Flathead Regional Development Office dated September loth indicated the State would not move forward with it's request for annexation until an Environmental Assessment and Traffic Study have been completed. Flowers said she feels the community was relying on the fact that these items would be in place prior to this action and she wants to register a protest. Jim Lynch, 430 Lake Hills Lane, said Flowers uses the word "community" very loosely and he doesn't believe she represents the community. He congratulated the City Council in getting this first step going so that the public hearings can take place and the issue resolved. RESOLUTION 4432. - RESOLUTION OF INTENT TO ANNEX STATE LAND Haarr moved Resolution 4432, a resolution of intention to annex certain real property to the City of Kalispell, said territory being approximately 8.8 acres and described as Parcel 2, of Certificate of Survey No. 12230, situated in U.S. Government Lots 1 a 2, Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be described as the State Shop Addition No. 286, to fix a date of public hearing thereon, and to provide for due and proper notice of said annexation. The motion was seconded by Scarff. There was discussion. Van Natta commented it's the State's decision to do the Environmental Assessment and it has nothing to do with the Council's actions tonight. 2 Boharski said the State is required to do an Environmental Assessment in the exchange or sale of property, but it doesn't have to be done as part of the annexation process. Donahue stated the resolution of intention is a formality to get a notice published and a public hearing scheduled. He said at the time of the public hearing, scheduled for November 16th, people will have an opportunity to register either oral or written protests. Boharski questioned Section VI which states the resolution will become effective thirty days after approval. He said he understands that ordinances do not become effective until thirty days after passage, but he thought resolutions became effective immediately. Neier said the Statutes require thirty days for government owned property. The motion carried upon roll call vote with Donahue, Graves, Haarr, Nystul, Scarff, Van Natta and Boharski voting in favor, and Larson voting against. The meeting was adjourned at 7:15 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council