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02. Council Minutes - Regular Meeting - June 17, 1996A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 17, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. Rauthe noted prior to this meeting it was requested to move the Acknowledge Planning Board Consideration of the Airport Urban Renewal Plan-TIF District and Improvement Bonding to just below the claims approval. With a vote the motion carried. Approve Minutes -Council Minutes -Regular Meeting June 3, 1996 Collins moved to approve the minutes of June 3, 1996. The motion was seconded. The motion carried with a vote. Special. Meeting June 11, 1996 Collins moved to approve the minutes of the Special Meeting June 11, 1996. The motion was seconded. The motion carried upon vote. Approve Claims per Payables Register Kennedy moved to approve the claims. The motion was seconded. Upon vote the motion carried. Acknowledge Planning Board Consideration of the Airport Urban Renewal Plan-TIF District and Improvement Bonding Thelen explained that Council needed to formally acknowledge by motion, the letter from the Planning Board supporting the creation of the tax increment finance district and the implementation of the Airport Urban Renewal Plan. Kennedy moved to acknowledge the City/County Planning Board letter of May 22, 1996 that supports the creation of the tax increment finance district and the implementation of the Airport Urban Renewal Plan. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL Suaaestions Michael Lightfoot, temporary City resident, gave some suggestions for the City. Sidewalk S es Gordon Pirrie, Norm's News, spoke in favor of the proposed sidewalk sales on Fridays and Saturdays. PUBLIC HEARING 11gL3an Renewal Plan-Airport/Ballfield Complex Larry Gallagher, Planning, Economic and Community Development Department Director, explained the plan. FrQponents Virginia Sloan, 445 6th Avenue East Gordon Pirrie, Norm's News Bob Benson, 510 West California Guy LaVoie, Flathead Soccer Club president Jeanne Parson, Chamber of Commerce president Lorraine Wyde, 355 Somers Road Gib Bissell, 76 Stafford Street Mike Ferguson, Montana Aeronautics administrator Dan Johns, 216 North Riding Road Art Thompson, Airport Advisory Board Mike Baker, Parks Director Walt Nolte, Airport Advisory Board A letter of support was received from David Dachs, 1874 Hwy 93 North. ODDonents, k-o-ne- Rauthe closed the public hearing. Public Hearin Rauthe announced the Montana State Lands Department of Natural Resources will be having a public hearing on June 19, 1996 at 7:00 p.m. at the Outlaw Inn, concerning the City's ball fields, youth athletic field proposal for the school lands north of Kalispell. ORDINANCES & RESOLUTIONS Qrdinance 1240-Establish Court Fees-2nd Reading As part of the budget process the Council directed that an ordinance be drafted assessing City Court fees to increase revenue. Ordinance #1240 establishes fees as follows: a) $5.00 for posting bond or pleading guilty; b) $20.00 for pleading not guilty; c) $10.00 administrative fee for contract in City Court and d) interest on contracts at 10%. It is anticipated these fees will generate about $20,000 additional revenue per year. AM Larson moved Ordinance 1240, an ordinance amending Ordinance No. 1166 by establishing City Court fees for criminal actions, declaring an effective date and authorizing the City Attorney to codify the same. The motion was seconded. Nystul noted he did not oppose the administrative fee or the interest in the ordinance for the time pay accounts, but felt if more revenue was desired the fines should be raised. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, and Rauthe voting in favor and Nystul voting against. Ordinancp. 1-241.-Prohibit Sale or Possession of ILitoxigatjDq Beverages on City Property-2nd Reading over the past couple of years the City has received a few requests to either sell, consume or possess alcoholic beverages in various City parks from various organizations or conventions. Currently the City ordinance does not allow for the requested activities and the Council has allowed some functions on an ad hoc basis. Ordinance 1241 provides a method by which the Council could issue permits to sell, consume, or possess bggg and wine, only, on City owned property. Donahue moved Ordinance 1241, an ordinance repealing Ordinance No. 811 and Ordinance No. 813 (SS 3-10.1, Kalispell City Code) by prohibiting the sale, consumption or possession of alcoholic beverages in or upon any buildings or other property owned or occupied by the City and upon any street or sidewalk, except as permitted by the City Council and declaring the existence of an emergency. The motion was seconded. Upon vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ordinance 1242-Creating an Urban Renewal Plan-Airp_grtjBallfield Complex -1st Reading Kennedy moved Ordinance 1242, an ordinance approving the Kalispell City Airport/Athletic Complex Redevelopment Plan analysis for the City of Kalispell, Montana as an Urban Renewal Plan; authorizing the manager to implement the plan with the powers contained in the urban renewal law, and declaring an effective date. The motion was seconded. There was discussion with Donahue' speaking against the ordinance and Nystul, Larson, Collins, Rauthe, Kennedy and Granmo speaking in favor. With a roll call vote the motion carried with Atkinson, Collins, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Donahue voting against. Resolution 4267-12roi2used Water--Hook-un -Fees-tabled from June 3, 199 This motion was tabled on June 3, 1996 to this date. Atkinson moved Resolution 4267, a resolution to adopt the fees, schedules, rates, charges and classification imposed on the customers of the City of Kalispell, Water Utility. The motion was seconded. Collins moved to remove Resolution 4267 from the table. The motion was seconded. The motion carried with a vote. There was discussion. Haarr moved to amend the motion to change the indexing to 3% and amend the initial impact fee from $642 to $400. The motion was seconded. There was more discussion. Mayor Rauthe suggested a compromise of the following rates: 1996 $400 1997 $550 1998 $642 and the 3% schedule thereafter. Kennedy and Collins spoke in favor of the compromise. Atkinson spoke against the amendment. Donahue and Larson spoke in favor of the amendment. Rauthe and Kennedy spoke against the amendment and Granmo spoke in favor. With a vote the amendment failed with Haarr, Donahue, Granmo and Larson voting in favor and Collins, Kennedy, Nystul, Atkinson and Rauthe voting against. Donahue moved to amend Section 3 to add: All fees collected pursuant to this ordinance shall be deposited to a special account designated as "Water Capital Improvement Account" and same may only be used to defray costs incurred to replace water facilities of the City due to their obsolescence, decay or inadequacy. The motion was seconded. The amendment carried unanimously with a vote. Larson moved to amend the indexing schedule from 5% to 3%. The motion was seconded. AM The amendment carried upon vote unanimously. Nystul moved the fee go to $400 the first year, $500 the second year, $600 the third year and 3% on the base thereafter. The motion was seconded. Larson, Donahue and Collins spoke in favor of the amendment. With a vote the amendment carried with Atkinson voting against. With a roll call vote the motion with three amendments carried with Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Atkinson voting against. Reso ution 4270-Intent to Sell Lots -Teton Terrace The property is lots 1-26 of Teton Terrace, a cluster development, intended to make property available to low income first time home buyers. Kennedy moved Resolution 4270, a resolution of intention to sell certain real property owned by the City of Kalispell. The motion was seconded. There was discussion. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4271-Intent to Sell Lots -South Woodland The property is lots 1-24 of Lots 27, 28, and 29 of Green Acres, intended to make property available to low income first time home buyers. Atkinson moved Resolution 4271, a resolution of intention to sell certain real property owned by the City of Kalispell. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution-4273-Water System Revenue Bonds Kennedy moved Resolution 4273, a resolution relating to $1,060,000 Water System Revenue Bonds, Series 1996; authorizing the issuance and fixing the terms and conditions thereof and creating special funds and accounts and pledging certain revenues as security to such bonds and any additional bonds. The motion was seconded. With a roll call vote Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. sm BUSINESS FROM MAYOR & COUNCIL Rauthe reminded everyone that the Montana State Lands Department of Natural Resources will be having a public hearing on June 19, 1996 at 7:00 p.m. at the Outlaw Inn, concerning the City's ball fields, youth athletic field proposal for the school lands north of Kalispell. BUSINESS FROM MANAGER Thelen moved the Addendum to Interlocal Agreement between the City and Evergreen Water District to this point since Stan Clothier from the Evergreen Water District was present. This addendum to the Interlocal Agreement between the City and the Evergreen Sewer District clarifies how the monthly sewer rate will be computed by the City for the sewage generated in the district. It provides a specific procedure for the accounting of the "replacement" portions of the rate including the provision for the return of the unused portion of the replacement monies contributed by the district at the end of the current Interlocal Agreement in 2015. Since the last work session a provision has been added to acknowledge that the district will be credited with interest earned on their portion of the replacement account and the June 12th memo from Finance Director, Amy Robertson, regarding the process used in computing administrative charges. This addendum protects the interests of the City and provides for an equitable sharing of costs between the City and the District. Thelen recommended that the Council approve this agreement and authorize the Mayor to sign. Bill Astle prepared two documents regarding Interpretive Guidelines regarding the Interlocal Agreement. They provide the basis for the addendum that the City Attorney prepared. The effect of these documents is to agree that "equipment, appurtenances and accessories added to the plant" does not include Treatment Plant buildings nor any real estate. Thelen also recommended Council approve and authorize the Mayor to sign. Clothier noted his board had passed this at the last meeting. Larson moved Council approve the Addendum to the Interlocal Agreement between the City of Kalispell and the Evergreen Sewer District and also approve the two documents regarding interpretive guidelines regarding the Interlocal agreement. The motion was seconded. Nystul abstained from discussion and vote. He stated the interim city manager deserves a substantial amount of credit at resolving this issue and it is due to his very nature and quality of the individual and his understanding of the complexities involved. Al has been well worth our investment. MW The motion carried unanimously with a vote. Airport AssQgia-lion Brgwfgst Reguest An application from the Kalispell City Airport Association was submitted for permission to hold an event at the Soccer Field. The Kalispell Police Chief has signed off on the request and the Parks & Recreation Director has likewise approved the request with certain conditions relating to the clean-up of the grounds that will be used for the event. Thelen recommended that Council approve the request subject to the conditions that the Parks and Recreation Director has included on the application. Haarr moved to approve the Airport Association Brewfest request and the pertinent requirements as stated by the Parks Department. The motion was seconded. With a vote the motion carried. Request for Downtown Sidewalk Sales Gordon Pirrie presented this request to conduct sidewalk sales on Fridays and Saturdays during the summer months at the last work session. The Executive Director of the Chamber of Commerce has endorsed the request. The City Attorney advises that Council may act on this request by the adoption of a motion. Collins' moved the downtown merchants be permitted to sell merchandise from the sidewalk areas on Fridays and Saturdays during the summer season until Labor Day. The motion was seconded. The motion carried with a vote. Flathead Builders Association Request The Flathead Builders Association requested the right to purchase two lots in the South Woodland Affordable Housing Project for the established price of $8,000 per lot. They will build homes on the lots in conjunction with the Applied Learning, & Technology Center of School District #5. Plans are to start the first house in August of 1996 and the second one in August of 1997. Once completed, the two homes will be sold to prequalified eligible low- income buyers in conjunction with the City's Affordable Housing Program. Thelen recommended the approval. Kennedy moved to allow the Flathead Builders Association to purchase one lot in 1996. The motion was seconded. There was discussion. With a vote the motion failed with Kennedy voting in favor. Atkinson moved the City sell 2 lots to the Flathead Builders Association. The motion was seconded. 894 Kennedy spoke in favor of the motion. Upon vote the motion carried unanimously. DDrQval of M morandim of Understanding and ProQram Income Plan- C: ty of Kalis ier Affordable Housing Foundation The Agreement between the City and the Glacier Affordable Housing Foundation provides an understanding of the roles and expectations of the two entities relating to the Affordable Housing Project in the Woodland Court and Teton Terrace Development. The Foundation will provide a down payment and closing costs assistance in the amount of $4,500.00 to forty-four (44) low and very low income families. The foundation will also administer the program income that is developed with the projects in accordance with the rules and regulations that are attached to this letter of understanding. Under this agreement, the City agrees to market the program to assure the recipients of the funds will be within the 60% to 80% of medium income. The City will also be required to see that the marketing and advertising requirements of the Community Development Block Grant Program and the Home Requirements meet the income requirements. It is also agreed by both the City and the Foundation that the program income will only be utilized to provide affordable housing subsidies in the future. Thelen recommended that Council approve the letter of understanding and authorize the Mayor to sign. Atkinson moved the City of Kalispell accept the memorandum of understanding between the City of Kalispell and the Glacier Affordable Housing Foundation with the attachment of the program income plan and the mayor be authorized to sign. The motion was seconded. The motion carried upon vote. Bid Awards Site Grading. Paving. Water and Sewer -Teton Terrace Two bids were opened for the site grading, paving, water and sewer for Teton Terrace on June 4, 1996 as follows: Sandon $191,525.76 Pack & Co. $192,917.96. City Hall Janitorial Services One bid was received and opened on June 12, 1996 from the Gilders in the amount of $1460 per month, an increase of $200/month. 14th Street Roadway & Utility Project Three bids were received and opened on June 13, 1996 as follows: LHC $242,067.00 Crockett $228,029.36 Pack & Co. $190,520.00 Donahue moved to award the bids to the low bidders for each item. The motion was seconded. Kennedy abstained from discussion and vote. The motion carried with a vote. Authority tg Bid -Appliances -South Woodland and Teton Terrace, Projects The Staff requested authority to bid the appliances that will be used in the homes in Woodland Court and Teton Terrace affordable housing units. The City needs to have these costs available so that total costs can be used by the financial institutions and contractors. Atkinson moved to authorize the request for bids for appliances for the projects. The motion was seconded. There was discussion. The motion carried with a vote with Granmo, Kennedy and Nystul voted -against. A!Joipt19 6-97 Preliminary Budget Finance Director Robertson submitted a memo, summarizing action Council has taken on the annual budget. Actions that were taken at the 6:00 meeting, and those taken before the close of the regular meeting, can be added to the memo so that the preliminary budget adopted represents Council's current position. There was discussion. Donahue abstained. Nystul moved Council approve the fiscal 1997 budget. The motion was seconded. The motion carried upon vote. Set Public Hearing for Budget -July 1. 1296 Thelen recommended that Council set July 1st as the hearing date on the annual budget. Atkinson moved Council set a public hearing for the budget for July 1, 1996. The motion was seconded. 896 The motion carried unanimously with a vote. STAFF REPORTS Next Budget -Work Session June 24, 1996 6:00 p.m. Next Work Session June 24, 1996 -7:00 p.m. Next Regular Meeting July 1, 1996 7:00 p.m. ADJOURN The meeting was adjourned at 9:59 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council