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A. Council Minutes - Regular Meeting August 17, 19981 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 17, 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 APPROVAT• Haarr moved approval of the Agenda as presented. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL. A. Council Minutes - Regular Meeting August 3, 1998 Council Minutes - Special Meeting August 10, 1998 B. Approval of Claims per Payables Register-$485,434.50 Nystul moved approval of the Consent Agenda as presented. The motion was seconded by Haarr. Boharski questioned a claim concerning the Central School parking lot and said he has heard rumors about problems with the parking lot. Susan Moyer, PECDD, said she hasn't heard of any problems. Neier stated he has heard there may be changes needed with the parking lot but he hasn't seen anything in writing. The motion carried unanimously upon vote. HEAR THE PUBLIC Jim Sappington, Realtor, said he has lived in the Kalispell area since 1968 and in that period of time he hasn't seen much change in the boundaries of Kalispell, even though growth surrounding the City has been tremendous. Sappington said he is willing to work with the Council to establish a growth plan for the City. Boharski asked if Sappington's proposal would be a workshop or if he was looking at a consulting job. Sappington stated if the City is going to develop a plan, it needs a facilitator to direct the plan, which would be for a longer term than a one day workshop. Haarr said Sappington has raised some interesting questions and the Council has an opportunity to decide whether a no -growth policy will continue or if growth is favored. He said if the Council F desires the City to grow, then a plan is needed, and he would be very interested in having a meeting to talk about the future. Atkinson commented a Master Plan update is underway, and asked Sappington if he has followed the process. Sappington said he would challenge some of the decisions made with the Master Plan and would like to see a meeting with everyone involved to bring some unity to the plan. Atkinson asked Sappington if he is urging the Council to consider his proposal, and not the Master Plan update. Sappington answered he thinks the Council should consider everything and all parts have a valid place. He added he's not saying he's right and the planners are wrong, but he thinks the Council should look at all aspects and would like the City to retain his services to help with the planning process. Donahue stated quite a bit of property has been annexed since 1968 and he feels the City is "friendly with growth." He said the City has a Planning Board which is developing a Master Plan and he doesn't understand what Sappington is saying about the City not encouraging annexation. Donahue asked for some specifics. Sappington said most of the things he's seen as far as growth have been "fill-in." He said in his estimation, he sees no direction on where the City is going. Larson commented the Master Plan update is almost done and he feels it's a little late to make changes based on Sappington's disagreement with the Plan. He said for better or worse, the Plan is close to completion and he doesn't see the value of hiring Sappington at this time. RESOLUTION 4429 - ADOPTING MUNICIPAL RECORD RETENTION srHEDCTT.E Neier explained the City generates documents at the rate of about six hundred thousand pages per year and the management, retention and disposition of the records has become a problem. He said the Montana Local Government Records Committee has developed the Municipal Records Schedules which establishes a retention and disposition schedule for records. Neier stated Resolution 4429 would adopt, by reference, the Municipal Records Schedules compiled by the Committee. Donahue moved Resolution 4429, a resolution to adopt, by reference, the Municipal Records Schedules, as promulgated by the Montana Local Government Records Committee, pursuant to Section 2-6-403, MCA. The motion was seconded by Nystul. There was discussion. Donahue said he thinks a good filing system is long overdue and in addition, there should be a study made to locate appropriate filing and storage places for these records. He said this is the first 3 step needed to make an appropriate system for filing City documents. Haarr commented that the paper usage in the City could be cut considerably if copies were made on both sides of the paper and with the current technology, there's no reason that can't be done. -The motion carried unanimously upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1290 - ZONE CHANGE - IVAN & MARIAN O'NEIL - 2ND READING Neier stated this is the second reading for Ordinance 1290 which concerns a request from Ivan and Marian O'Neil for a zoning map amendment on three tracts of land located between 3rd and 5th Avenues East. He said the O'Neil's are requesting a General Business, B-2, zoning designation for the property which is currently zoned Low Density Residential Apartment, RA-1. Larson moved the second reading of Ordinance 1290, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance No. 1175), by zoning property known as Assessor's Tracts 5-0, 5-2, and 5-18 located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned RA-1, Low Density Residential Apartment), 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 no discussion. The motion carried unanimously upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1291 - BUILDING FEE - 1ST READINC- Neier explained that during the budget process, the Council determined that charging expenses for zoning administration to the Building Department was not advisable under the current law. He said to correct the problem, Ordinance 1291 reduces the fee charged for a building permit with the City of Kalispell and within the jurisdictional area of the Kalispell Building Department by twenty percent, with a separate ordinance to collect the zoning fee. Nystul moved Ordinance 1291, an ordinance amending Ordinance 1221, Section I, by reducing the fees for building permits issued within the jurisdictional area of the City of Kalispell, Montana, Building Department by twenty percent (20%), and establishing an effective date. The motion was seconded by Scarff. There was discussion. Nystul stated he feels the twenty percent reduction is confusing because you would have to look at Ordinance 1221 to figure out what the City is charging now and then apply the reduction to that. He 9 asked Building Official Craig Kerzman what percent of the 1988 fee schedule the City is using now. Kerzman answered that currently, the building permit fee is calculated based on the value of the construction, which is calculated based on the square footage and the type of construction of the building. He said right now, the value of the permit fee is one hundred percent of the 1988 fee table. Nystul said he felt the ordinance would make more sense if it read "the building fee would be eighty percent of the 1988 fee structure." Kerzman commented a new Uniform Building Code should be available in the fall and Ordinance 1291 could be amended at that time. He said at that time, the Council will have to decide whether to adopt the new fee schedule, or retain the 1988 schedule. Atkinson asked why the City doesn't just contract with the Flathead Regional Development Office to handle the zoning. Kerzman answered it has worked well having one person who deals with the day-to-day codes enforcement of the Kalispell Zoning Ordinance, rather than having someone who is "one step removed" like FRDO. Atkinson said he would like to further discuss the possibility of FRDO handling the zoning, and moved to table ordinance 1291 until additional information is gathered. The motion was seconded by van Natta. The amendment failed upon roll call vote with Atkinson voting in favor, and Donahue, Graves, Haarr, Larson, Scarff, van Natta and Boharski voting against. Boharski said he'd like to clarify that Kalispell has been charging the cost of the City's Zoning Enforcement Officer against building permit fees and that's not allowed any longer under House Bill 308. He said after several discussions with Kerzman, it was decided to reduce the building permit fees to take care of the problem. The main motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, and Atkinson voting against. Neier commented he agrees with Nystul that the wording may be confusing and agreed to clarify the ordinance prior to the second reading. ORDINANCE 1292 - ZONING PEE - 1ST READING Neier explained that in connection with reducing the building permit fee, Staff is recommending the City institute a zoning fee of twenty percent of the building permit fee within the corporate 9 limits of Kalispell. He said the fee will probably not fund the entire zoning Administration Office, but will provide a substantial amount of funds, perhaps as much as $25,000.00 to assist in the operation. He suggested shortfalls be assigned to General Fund appropriations. Neier added the Staff is recommending a trial period of one year and after that time the procedure could be evaluated and possibly changed. Donahue moved Ordinance 1292, an ordinance establishing a zoning administration fee of twenty percent (20%) of the building permit for all building construction within the City of Kalispell, Montana, and declaring an effective date. The motion was seconded by Graves. There was discussion. Donahue stated he -doesn't like the wording in Section I and moved Section I be amended to read, "From and after the effective date of this Ordinance the City of Kalispell shall, upon issuance of a building permit for construction within the City corporate limits, charge a recipient thereof a 'zoning administrative fee' of twenty five percent (25%) of the fee charged for the said building permit. All sums collected therefore shall be used to partially cover the cost of the City's Zoning Administration Office." The motion was seconded by Haarr. There was discussion. Donahue said he included twenty five percent in the motion because he feels the City will be losing money with only a twenty percent fee. For example, Donahue said a five hundred dollar permit would be sold for four hundred dollars under Ordinance 1291, and twenty percent of four hundred dollars is eighty dollars. He said because of that, only four hundred and eighty dollars would be collected from the applicant, instead of the five hundred dollars collected currently. Donahue said by increasing the zoning fee by five percent, the fee would be back in line with what is being collected now. Neier said in the beginning, Staff expects contractors to complain about the zoning fee, and they felt the small loss would be worth it when it came to telling applicants that the same permit previously would have actually cost them more. He said in addition, Staff felt the citizens of Kalispell deserved some consideration since the zoning fee is only charged for construction within the City limits. Haarr commented that by taking the shortfall from the General Fund, the City is taxing people that have no intention of buying a building permit. He encouraged the Council to support the twenty five percent. Atkinson said even if the Council adopts the twenty five percent, the City will still experience a loss because of the reduction in the building permit fee for construction outside the City limits. He said if the City chose to use FRDO for its zoning, then equity would be established. Larson agreed with the amendment, saying even though County residents may be getting a break, they aren't getting the services the City provides. Nystul suggested the Manager provide an analysis of alternatives to the zoning fees prior to the second reading of this ordinance. The amendment carried upon vote with Atkinson voting against. The main motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, and Atkinson voting against. ORDINANCE 1293 - SALARY- lST REAnTNG Neier outlined that the AFSCME employees became entitled to a salary increase of approximately twenty five cents per hour on July 1, 1998. He said in addition, Staff has recommended a salary range increase of five percent for appointed officers, supervisors and other salaried employees which does not necessarily result in an increase in pay for any employee, but merely increases the range available for pay. Neier said certain adjustments to the recreational department crew salaries were also suggested and Ordinance 1293 reflects the various changes stated. Nystul moved Ordinance 1293, an ordinance amending Ordinance No. 1277, fixing the limits of the salary and compensation of the City officials, supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the dates indicated herein, repealing all other ordinances in conflict therewith. The motion was seconded by Van Natta. There was discussion. Nystul asked Neier if he was correct in assuming that if the last change in the range occurred in 1995, than the new schedule reflects a one point six percent increase per year for the last three years in the non -union schedule. Neier answered that is correct. Nystul commented as far as the Parks Department employees, he feels the pay has to be changed to get the job done and reduce turnover. Donahue asked that "Councilperson," listed under Elected Officials in Exhibit A, be changed to "Councilor." Neier agreed to make the change. The motion carried unanimously upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. EVERGREEN SEWER RATE APPROVAL Neier explained Finance Director Amy Robertson has analyzed the charges to be levied by the City on Flathead County Water & Sewer District #1, Evergreen, for treatment of sewage by the City's Wastewater Treatment Plant. He said the charges are up thirty seven cents per thousand, due primarily to the mild weather which resulted in lower infiltration rates within the City and a slight increase in District flows. Nystul stated he will abstain from the discussion and vote. Van Natta moved approval of the Evergreen Sewer Rate for Fiscal Year 1999. The motion was seconded by Atkinson. There was discussion. Larson said Robertson's cover letter listed Evergreen's usage as 24.9464 percent but in the actual calculations, the percentage is listed as 23.9464. Robertson said that was a typographical error and the correct percent is 23.9464. The motion carried upon vote with Nystul abstaining. COUNCTL COMMENTS JTNFORMATTON-/QTL_$STIONS_ Donahue said one year ago, the City passed an emergency ordinance relative to alcoholic beverages being consumed in City Parks and on other property. He said as far as he knows, the emergency ordinance has died and a permanent ordinance needs to be brought before the Council. Larson said Neier, in a letter to the Council, has suggested that any annexation or zoning of the property north of Kalispell be delayed until the City receives a formal annexation request from the State for 8.8 acres. He asked if the Council follows his advice, and ValleyDome, L.L.C. decides to go ahead with its building project, can they request the property be zoned by the County. Neier said the application for annexation and zoning was made to the City and they would have to reapply to the County. He said a letter received from ValleyDome Attorney Max Battle stated ValleyDome, L.L.C. agrees to hold the land in abeyance until the State formally requests annexation. Jim Lynch, representing owners of Pack & Company, explained the remaining property could be petitioned for a zone change as commercial designation in the County, but that is not their 8 intention at this time. He said the "whole idea" was to annex that property and expand the City limits. Boharski asked if the Developers Agreement can be drafted while the Council is waiting for the annexation request. Neier answered that his office is already working on the Agreement and it shouldn't take over two weeks to draft. Donahue said the City's sludge removal contract with Glacier Gold is coming up for renewal and he asked Public Works Director Jim Hansz for information concerning the costs of the removal and if there are any alternatives, such as the City handling the sludge disposal. Hansz stated the issue is very complex and he would like to go over it with the Council at a work session. Scarff asked Hansz about the possibility of erecting stop signs at 1st Avenue East and llth. Hansz said traffic counts are being taken at that intersection right now and the information gathered will be presented to the Council. He said if a sign is warranted, the Chief of Police would make the formal request. Haarr said the Kalispell Development Corporation is requesting a member of the Council be appointed to its Board of Directors and he - would like to volunteer for the position. Boharski asked Neier to place the appointment on the next agenda. Atkinson moved to adjourn. The motion was seconded by Donahue. The motion carried unanimously upon vote. ADJOURN The meeting was adjourned at 8:37 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council