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A. Council Minutes - Regular Meeting April 21, 19971021 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 21, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS CLIFF COLLINS, NORBERT DONAHUE, LAUREN GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. JIM ATKINSON AND DALE HAARR WERE ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Krepps requested the removal of Item D. and move E to #14. Donahue moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting April 7, 1997 B. Approval of Claims per Payables Register $154,403.25 C. Pledged Securities March 31, 1997 D. Award Bid-Elk's Lift Station -removed until next meeting E. Award Bid -Highway 93 South Sewer and Water F. MDOT Change Order -Lawrence Park Wetlands G. Proclamations Arbor Day -April 5, 1997 Day of Prayer -May 1, 1997 Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. HEARING THE PUBLIC Street Tree Awards Bill Wright, Street Tree Commission, presented the City of Kalispell with the Street Tree City U.S.A. Award and Growth Award. Mayor Rauthe thanked the present and past Street Tree Commissions. Betty Albright, presented Dr. William Jones with the Trees in our Community Award. 1022 Pack Request Suzanne Brown, 137 Ponderosa presented a petition against the Pack request, she was also the spokeperson for Edgerton PTSA. Mark Brechel, business in town, spoke against the Pack issue. Dale Luhman, 169 Trail Ridge Road spoke against the Pack request and felt Kennedy should not vote. Suzanne O'Conner, 845 7th Avenue East, spoke against the Pack request. Suzanne Schwager, 150 Tronstad Road, also spoke against. Ballfields-Kidsports and Pack Proposal Dan Johns, 216 North Riding Road, met with Kidsports and presented a proposed $10 per person user fee to assist with the lease payments. He also spoke in favor of the Pack request. Thor Jackola, Jackola Engineering, 317 15t Avenue East, spoke in favor of the Pack request Jim Lynch, spoke in favor of the Pack request. PUBLIC HEARINGS Abandon 50 feet of 13th Avenue West Proponents None Opponents None Rauthe closed the public hearing. Gardner Auction Master Plan Amendment Proponents Todd Gardner, 1896 Airport Road Opponents Jerry Begg, 220 Woodland Avenue Larson noted he had received a phone call from John Davies, 1989 Bluestone also against. Rauthe closed the public hearing. Resolution 4327-Abandon 13th Avenue West Kennedy moved Resolution 4327, a resolution to abandon and discontinue the westerly 20 feet and the easterly 20 feet of the southerly 50 feet of Thirteenth Avenue West, Kalispell, Montana. The motion was seconded. 1023 With a roll call vote the motion carried with Collins, Donahue, Granmo, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4328-Gardner Auction -Adopt, Revise or Reject Master Plan Amendment Council rejected a previous request for a change in use of the Gardner Auction facility. At that time, the Council directed staff to submit a request for a Master Plan Change and Zone Change on behalf of Gardner Auction. This is the follow-up action that staff was directed to complete. Larson moved Resolution 4328, a resolution adopting a recommended amendment to the Kalispell City -County Master Plan. The motion was seconded. There was discussion. With a roll call vote the motion carried with Collins, Donahue, Granmo, Kennedy, Larson, Nystul and Rauthe voting in favor. National Flood Purchase Council gave the staff authority to work with Mr. Mendenhall in a process that would make the City owners of the National Flood Service's building. The previous agreements and representations were based upon leases, purchases, needs, and improvements that would: A. retain National Flood Services in Kalispell; B. allow National Flood Services to expand it's labor force to approximately 200; C. increase the capability of Mr. Mendenhall to grow and improve the Kalispell Gateway West Mall area into a new mall or office complex. Since the last conversations and actions pertaining to the Gateway West Urban Renewal Area, we have a change in ownership of National Flood Services and a change in direction of the ownership. The new President and CEO, Curtis Lund submitted a letter explaining their goals, time frame, options, and their desire to sell the building immediately. Several meetings have been held with Mr. Lund. He is willing to commit to a relocation within the Kalispell City Limits if the City purchases his building as originally planned. The original goal was to retain National Flood Services within the City. That goal can still be achieved at the same price as agreed upon before. The down side to moving ahead with this purchase is it has no positive impact on the Mendenhall project. Staff still and will continue to work with Mr. Mendenhall. To enable the City to retain the current 70 jobs plus gain approximately 150-180, Krepps recommended to purchase the National Flood Services building. 1024 Kennedy moved to direct staff to complete the purchase transaction for National Flood Services, $330,000 purchase price plus verified moving costs not to exceed $30,000. The motion was seconded. There was discussion,. 1,04\0 Kennedy and Granmo spoke in favor of the motion and Donahue spoke against. The motion carried with a vote and Donahue voted against. Haven Field Agreement Krepps reported there would be no formal action as the discussion remains in the hands of the attorneys. Timmreck Acquisition The funding for this acquisition will come from the airport TIF funds. The purchase of the property will allow the City to further control the airport area property. Krepps recommended the City complete this purchase: A. if the City is proceeding with the airport improvements; and B. if the City believes that Daley Fields will be sold. If Council is not certain to proceed with these issues, the purchase should be delayed. Kennedy moved to direct city staff to enter into a purchase agreement with Lois Timmreck in the amount of $100,000 with $25,000 being the down payment and $75,000 being financed at 6.5% over 5 years with annual payments to begin on January 1, 1998. The motion was seconded. Kennedy spoke in favor of the motion. There was discussion. Donahue moved to amend to include in the contract a clause that does not require any pre -payment penalty should we desire to sell this property. The motion was seconded. Nystul suggested a no prohibition of assignment on the contract. There was more discussion. Donahue withdrew the amendment with approval of the second. The motion carried unanimously with a vote. 1025 Review Ballfield Project State Lease Forms Krepps reviewed the proposed changes in the lease as suggested by staff. 41. Traffic Traffic Signal to be installed when necessary to safely complete a left turn movement off of Hwy 93 as determined by the Montana Department of Transportation rather than be placed April 1, 2000. 51. Development of Athletic Complex Include a future indoor ice rink and other athletic activities The way it was written before may have limited the ballfields and soccer fields. 68. City Sewer & Water to DNRC Complex -Completely removed. There was discussion. Larson moved to instruct staff to move forward with the signing of the lease for the ballfield sites north of town as modified to this point and continue to work on the lease hold agreement. The motion was seconded. Nystul expressed concern that this was premature. Granmo agreed. Krepps noted that Kidsports does need a commitment so they may^_.-' - begin seriously getting their volunteers and commitments lined up. f There was discussion as to finding an alternative site. '`+} f,. Donahue spoke against the motion and Larson spoke in favo:c. Kennedy called for the question. f, The motion carried with a vote with Kennedy, Larson, Coll' s a Rauthe voted against and Donahue, Granmo and Nystul voted against. Krepps was concerned about the lease terms for the last 20 years of the agreement. A reappraisal of the property scheduled for that time could rapidly increase the payment to an amount that the City could not afford. As an example, due to a change to commercial usage within the immediate area the property could be valued at a commercial rate of a minimum $.55 per square foot based upon the formula that is in the lease, the annual payment would be $330,620. (.55 psf X 43,560 sq. ft. per acre = $23,958 value per acre X 138 total acres = $330,620 total payment - a 607% increase in the year 2000.) However, a natural inflation of ag values and inflation could put the annual payment in the six figures. 1026 The City is currently discussing this specific item with the State. Resolution 4324 Adopt, Revise or Reject Master Plan Amendment - Industrial to Commercial -Pack and Company Request This item is the continuation of previous processing of this request for a Master Plan amendment. Collins moved to remove from the table Resolution 4324, a resolution adopting a recommended amendment to the Kalispell City - County Master Plan. The motion was seconded. The motion carried with a vote and was on the table for consideration. There was discussion with Donahue, Larson, Nystul and Rauthe speaking against. With a roll call vote the motion failed with Collins and Kennedy voting in favor and Donahue, Granmo, Larson, Nystul and Rauthe voting against. Donahue moved Resolution 4324A, a resolution rejecting a recommended amendment to the Kalispell City -County Master Plan. The motion was seconded. With a roll call vote the motion carried with Donahue, Granmo, Larson, Nystul and Rauthe voting in favor and Collins and Kennedy voting against. Request for Extension on Preliminary Plat-Frank's Place A request was received from Jean Johnson (February 20, 1997 letter) of Stokes and Assoc. to extend the Preliminary Plat approval for Frank's Place Subdivision for one year (September 6, 1998) to allow the new developer some time to complete the improvements. The planning staff recommended approval. Nystul moved to approve the preliminary plat request for extension. The motion was seconded. The motion carried with a vote. Ordinance 1261-Elected Officials Salaries-2nd Reading Kennedy moved Ordinance 1261, an ordinance amending Ordinance No. 1233, 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. Nystul moved to amend the ordinance to indicate the municipal judge is authorized the usual health insurance and other benefits as other full time employees of the City. The motion was seconded. 1027 The amendment carried unanimously. Nystul moved to amend the council salary be rounded off to $4,000 per annum. The motion was seconded. The motion carried with Rauthe and Collins voting against and Nystul, Larson, Kennedy, Granmo and Donahue voting in favor. Donahue moved the salary of the mayor be amended to show 1 1/3 times the salary of the council members. The motion was seconded. Kennedy and Rauthe spoke against the motion. There was discussion. Collins called for the question. With a vote the amendment failed with Donahue voting in favor. Kennedy moved to reconsider the council salary of $4,000. The motion was seconded. The motion carried with Donahue and Nystul voting against and Collins, Kennedy, Larson, Granmo and Rauthe voting in favor. Collins moved to amend the ordinance to be $5,000 for the council and $9,000 for the mayor. The motion was seconded. Granmo called for the question. The motion carried with Donahue, Kennedy and Rauthe voting against and Collins, Nystul, Larson, Granmo voting in favor. The twice amended motion carried upon roll call vote with Collins, Granmo, Kennedy, Larson, Nystul and Rauthe voting in favor and Donahue voting against. Since amended there will be a second reading at the next regular meeting. Sykes' Sewer and Water Bill Postponed from April 7, 1997 meeting to this date. Krepps recommended to reimburse Syke's as per the City legal rules and regulations. If new precedent is set, there may be a need to re -analyze the policies. The responsibility for the private system changes are shared by the private owner and their plumber. No notification to the City was made until October, 1996. 1028 Nystul moved that a refund for the water and sewer be made of all but the minimum billing that is appropriate for the size of meter that was in there and realizing the minimums changed with our rates during that time. The motion was seconded. Donahue moved to amend that compensation be based on the bi-monthly charge of $365.46 rather than the other 3 different charges which are higher than that so that will reduce the total amount to be paid by $100 or more. The amendment died for lack of a second. Granmo moved to amend to withhold only the minimums for the water system. The motion was seconded. The amendment failed with a vote with Collins and Granmo voting in favor and Kennedy, Larson, Nystul, Donahue and Rauthe voting against. Larson spoke against the motion and Rauthe spoke in favor. The motion carried with a vote with Kennedy and Larson voting against and Collins, Granmo, Nystul, Donahue and Rauthe voting in favor. Moved From Consent Agenda E. Award Bid -Highway 93 South Sewer and Water Bids were received from Forsgren Association and Carver Engineering, Morrison & Maeirle, Billmayer and WMW-Whitefish for the Highway 93 South Water and Sanitary Sewer Improvements project. Asst. Engineer John Wilson recommended the award to Forsgren Association and Carver Engineering in the amount of $121,000. There was discussion. Nystul moved the approval of the bid award to Forsgren Association and Carver Engineering in the amount of $121,000. The motion was seconded. The motion carried upon vote. Kennedy requested a budget schedule. FOR YOUR INFORMATION Next Work Session April 28, 1997 7:00 p.m. Next Regular Meeting May 5, 1997 7:00 p.m. Airport Advisory & Authority Meeting After May 5 Regular Meeting RFQ Discussion -Airport Master Plan ADJOURN The meeting was adjourned at 10:34 p.m.