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A. Council Minutes - Regular Meeting November 16, 19981 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 16, 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, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order. 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 November 2, 1998 B. Approval of Claims per Payables Register-$264,782.24 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. HEAR THE PUBLIC Bill Goodman, 200 Vt Avenue East, stated the City will not increase parking downtown by buying additional parking lots. He said the City needs to increase the density downtown with more buildings, not more parking lots. PTTRTIC. HEARING- ANNEXATION OF STATE SHOP ADDITION NO, 2R6-CANCELED The Public Hearing set at this time has been canceled subject to notice and hearing at a later date. RESOLUTION 4434 • APPROVAL TO SELL FIVE LOTS IN TETON TERRACE Neier explained that on Friday, November 13t�, Susan Moyer of PECDD received proposals on the sale of five lots in the Teton Terrace Subdivision. He said the sale of the lots is part of a continuing effort of the City to develop housing opportunities for low to moderate income people. Susan Moyer, PECDD, said the winning contractor was Hewitt Construction, the same contractor currently building a tri plex unit in Teton Terrace. She added since the lots have been opened up to Realtors it's been going extremely well and approval to sell an additional five lots should be coming before the Council soon. F Atkinson moved Resolution 4434, a resolution authorizing the Acting City Manager, Finance Director and Clerk of Council to execute the documents necessary to transfer Lots 12, 13, 14, 15 and 16, Teton Terrace, a subdivision of Porta villa #2, Records of Flathead County, located in the NEIA, of Section 12, T28 N, R22W, P.M.M. Flathead County, Montana to Hewitt Construction. The motion was seconded by Scarff. There was discussion. Boharski asked Moyer how many lots would be left after these five, and the additional five she spoke of, are sold. Moyer answered there will only be nine left. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4435 - VALLEY BANK PARKING LOT PURCHASE Neier stated the City has bought and sold the Lots at the northwest corner of Main and 3-ci Street at least twice in the last ten years. He said in 1994, the City sold the Lots to Valley Bank, which planned on building a bank at the site. Neier said the bank has not been constructed and the Parking Commission has requested the City repurchase the property for use as a parking lot. He added the money received from Valley Bank in 1994 was deposited in the Tax Increment Fund and that's where the one hundred and sixty thousand dollars will come from to repurchase the lot. Scarff moved Resolution 4435, a resolution relating to the acquisition of Lots 8, 9, 10, 11, 12, Block 55, Kalispell Original, identifying the interest to be acquired and providing a basis upon which to base the purchase price. The motion was seconded by Nystul. There was discussion. Donahue commented he's been pushing for this for the last few years and the lot, as far as he knows, will X remain strictly for —,-- parking. Atkinson stated he agrees with Bill Goodman that the downtown needs some density, however he feels it's important to have a good balance and the purchase of this lot will help the City assist businesses in finding parking for their customers. Boharski commented he agrees with Donahue, but he won't close the door to selling the property down the road for a nice project. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. 3 TPT PROPERTY PURCHASE Neier explained the Parking Commission has also requested the City purchase Lots 7, 8 and the North 20 feet of Block 76, Kalispell original, for the sum of $280,000. He said the purchase price is based on an appraisal conducted for the owner of the property. Neier stated at this time, the City should not proceed with purchasing the property until the City can have an independent analysis of the appraisal. Graves recommended the Manager acquire an independent appraisal. Council concurred. AUTHORITY TO BID - FIRE ENGINE Neier said during a workshop on November 9", the consensus of the Council was to authorize the call for bids for a new fire engine. He said a motion authorizing the Fire Chief to advertise for bids will start the process, even though the City will probably not see the delivery of the fire truck for a year to a year and a half. Van Natta moved the Council Kalispell Fire Chief to call motion was seconded by Graves, There was discussion. authorize the City Manager and the for bids for a new fire engine. The Haarr said he doesn't disagree that the City needs a new fire engine, however he'd like to see a plan defining the boundaries of Kalispell to determine exactly what the City will need in the future. Atkinson agreed with Haarr and added there have been several committees that have been working on a new Master Plan and he encouraged everyone to attend the public hearings to help design the boundaries of Kalispell. Donahue stressed the importance of an equipment replacement plan for the City. He pointed out the last fire engine was purchased twelve years ago and if the Fire Department had set aside twenty five thousand dollars a year at that time, the City wouldn't have to borrow any money to purchase a new engine. Boharski commented he will support the motion, but he added he's still not convinced that purchasing a fire engine is the best way to invest in the Fire Department. He said the most important thing right now is for the City to lower the fire rating which in turn will entice people to Kalispell. The main motion carried unanimously upon vote. 4 DEED RESTRICTIONS - FLATHEAD INDUSTRIES 57H AVENUE WEST APARTMENTS Recently the City Council authorized the Manager to release deed restrictions on certain real property owned by Flathead Industries. Neier explained releasing the deed restrictions will facilitate the sale of the property in order to finance new buildings on 5" Avenue West. He said Flathead Industries has proposed that the deed restrictions placed on the new property have a termination date of 2008, which would mean that at some point Flathead Industries owns the property without City control. Moyer disagreed with Flathead Industries' proposal, stating the City paid approximately $120,000.00 for the original three pieces of property and then spent an additional $125,000.00 to rehabilitate the units. She said because of the City's involvement, that property is a valuable asset to sell today. Moyer said the new deed restrictions should be at least for twenty years to ensure that the new units remain available to Flathead Industries' low income and disabled clients. Donahue agreed and added that he'd also like a condition that states if the property is ever sold, the City would be reimbursed $125,000.00. Nystul commented the original deed restrictions had no expiration date and the intent of the proposal is to eliminate any confusion in the future. He suggested Flathead Industries be informed of the various opinions and asked for input prior to any decision being made. Neier agreed to write a letter to Flathead Industries explaining the situation. Van Natta stated he's uncomfortable with Donahue's idea of Flathead Industries having to reimburse the City $125,000.00, especially since the funds came directly from grants. AIRPORT ENCROACHMENT - SWA_RTZENBERCER Neier explained that R & J wrecking occupies approximately five acres of land near the airport that is owned by the City. He said the occupation is without license or permission and has continued for about twenty years. Neier said Councilor Nystul has requested that a letter be written directing them to vacate the property. Nystul moved that the City Manager write a letter to R & J Wrecking. The motion was seconded by Sc-arff. There was discussion. Atkinson asked if this is coming up now because of the City's expansion plans for the airport. 5 Neier said the encroachment probably won't impinge on airport operations, it's simply a matter that they have been occupying City property for a long period of time without license. He said R & J has approximately one hundred "wrecks on that property and it won't be any easy matter moving them off." Atkinson commented he will support the motion because the process will be long and drawn out and he hopes the problem can be solved in an agreeable way. Nystul clarified the intent of the motion is to get discussions underway before another twenty years passes. He said if they want a lease then a written document should be done with terms and conditions. Donahue said it shouldn't be a big problem to move the wrecks to the landfill where a machine comes in twice a year and hauls them away. The motion carried unanimously upon vote. COUNCIL COMMENTSIINFORMATION/QUESTSONS Scarff asked that additional background information on Flathead Industries be compiled for the Council. Nystul commented the Public Works Department has a "good handle" on the leaf removal and if the snow holds off for a while the City should be in good shape. Boharski complimented Finance Director Amy Robertson on setting aside money every year for a new computer server. Haarr passed out copies of a newspaper editorial concerning uncontrolled intersections and suggested the Council spend some money on informational programs which would inform citizens of driving laws. Police Chief Frank Garner said his department is working with the television station right now to set up a weekly program for just that purpose. Haarr asked that the information also be placed in the newspaper. 11 Donahue criticized an editorial in the Daily "Shut Up and Deal With the Tax Initiative. the paper shouldn't be using the vernacular the author needs to look closer at how CI-7 the County and the State. Donahue state "affront to representative government and government we're back to feudalism." ADJOURN The meeting was adjourned at 8:15 p.m. ATTEST: Theresa White Clerk of Council 5 Inter Lake that stated " He said first of all "shut up," and secondly will impact the City, d the initiative is an without representative Wm. E. Boharski, Mayor