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A. Council Minutes - Regular Meeting October 6, 19971XIMi A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 6, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Rauthe requested the addition of a proclamation to the consent agenda for Domestic Violence Awareness Month. Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting -September 15, 1997 B. Approval of Claims per Payables Register-$497,945.07 C. Proclamation -Domestic Violence Awareness Month Rauthe proclaimed October, 1997 as Domestic Violence Awareness Month. Nystul moved adoption of the consent agenda. The motion was seconded. Questions were asked about certain claims. Upon vote the motion carried. HEARING THE PUBLIC T_ndenpndpn , _ Ho lap Winnifred Storli, Box 249, Kalispell, submitted a letter and wanted to know if the Independence House at 1225 2"d Avenue East is considered a duplex or dwelling. She also questioned the adequate supervision at the House. Rauthe responded that the City Attorney will prepare a response to her letter. KDC S tt- Dave Thornquist, 132 Troutbeck Rise, Lakeside, Woods and Water Realty noted Irwin Davis, the principal partner was present for any questions. Lee Berger, Kalispell Development Corporation President, on behalf of the KDC, spoke in favor of the KDC Site project. 1077 PUBLIC HEARING Annexation of Mate Le;;se Land -Kalispell Youth Athletic Complex The City did not receive any written or verbal input on this subject. rnpnn n A None Dnpo e—nt None Rauthe closed the public hearing. Resolution i on 4367 - nn x ion of S atQ Lease Land- Kal i cnel l Youth Athletic Complex The action item for the annexation of the State Lands for the youth complex project requires that a resolution be approved. Since the City has completed the lease negotiations, signed the lease documents, offered and sold Haven Field, as well as a portion of the Daley Field property to enable the City to achieve one of Council's priority goals, the City needs to continue to complete the project process. The Planning Board approved the annexation request on a vote of 5- 0. The Architects/Engineer are currently estimating the cost of three alternative utility plans to serve the youth complex-. The City Manager has not received the estimates that will enable the City to evaluate all of the alternatives. The original concept was to serve all of the fields through a well system with a small line to serve as a potable water service. The alternatives for water service extension to the end of the City property line (either to the north or to the west) is being discussed. Larson moved Resolution 4367, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, approximately 160 acres located at the northwest corner of Highway 93 north and Four Mile Drive at the northwest city limits, to be known as the City's Youth Athletic Complex, Addition No. 283; and to declare an effective date. The motion was seconded. There was discussion. Larson spoke in favor. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. 1078 This land is currently zoned P-1 (County zoning). Upon annexation, the City needs to determine the initial zoning for the City. The recommendation of the Planning and Zoning Commission is to support the requested zoning of P-1. Kennedy moved Ordinance 1267, an ordinance to amend Section 27.02.010, official zoning Map, City of Kalispell Zoning Ordinance, (Ordinance 1175), by zoning property owned by the Department of Natural Resources and Conservation, described herein (previously zoned County Ag-80, Agricultural), to City P-1, Public, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. KDC Site-Atltiroval of Sale hnri 7-at-i on for city Manag .r to Sian Final n _v .lonment AgreP_mPnt Since the September 15 Council Meeting, the staff has met with and discussed the various factors for the sale of this property to Irwin Davis Company. The City has been able to agree to terms that should be satisfactory for the City. The summary of the deal points are outlined below: 1. The brokerage fee that was discussed at prior -meetings- wil-1 be- paid by the buyer. The City will not be responsible for any of these costs. 2. The project will be built in phases. The first phase of the project shall be no less than 18,000 square feet to be constructed on the southeast corner of the property. Construction shall begin no later than August 1, 1998. 3. The second phase of the project shall be no less than 12,000 square feet constructed on the northern portion of the property fronting Center Street. This phase shall commence construction December 31, 1999. If the buyer has not begun construction by that date, the City shall have the right to repurchase the northern portion of the property at the same price ($6.65 psf) within 60 days (commencing on January 1, 2000). If the City does not desire to repurchase the property, the buyer shall have no further development obligation and may sell the property. This parcel of property will be approximately 140 feet by 185 feet or 25,900 square feet. 4. With the exception of the terms outlined above, the buyer shall not transfer or sell any portion of the property until the completion of the planned Phase I improvements. 1079 5. The buyer shall not rely on the income approach of valuing property when contesting any property taxes or assessments. The National Flood property is not a part of this agreement. However, Irwin Davis Company may bid for this property to improve their holdings. Krepps requested the authorization for the City Manager to sign the development agreement with the deal points outlined above and within the letter of September 11, 1997 from Woods and Water Realty. Larson moved to direct the City Manager to compile a final development agreement and purchase agreement for the KDC property with the Irwin Davis Company and to authorize the City Manager to sign both agreements when completed to the manager and City Attorney's satisfaction. The motion was seconded. Kennedy spoke in favor of the motion. There was discussion. The motion carried unanimously with a vote. Resolution 4168-Ambulanceate Increase Reque-cLt The Fire Chief has requested a rate increase for the Ambulance service. The last increase for the service was in 1995. This increase is requested due to the increasing non -collectible billings and the slow reimbursements from Medicare. The non -collectibles were projected to be approximately $60,000 for the end of the fiscal year. The actual shortfall in this fund was $77,908. This means that the replacement fund will not receive the $25,000 that was expected. The increase that is requested is summarized below: Current Rate BLS Runs $220 ALS Runs $290 Standby $110 1st hour Standby $ 85 After 1st hour Proposed Rate Inc. New Rate %Increase $ 15 $235 6.8% $ 15 $305 5.2% $ 15 $125 13.6% $ 15 $100 17.6% *Based upon 1,750 runs annually this increase should generate approximately $26,000 additional revenue. Krepps concurred with the Fire Chiefs request and recommended approval of the rates as proposed. 1080 Larson moved Resolution 4368, a resolution establishing ambulance rates for the use of the Kalispell Ambulance Service and declaring an effective date. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Graves, Kennedy, Larson, Nystul and Rauthe voting in favor and Donahue and Haarr voting against. ntral School um -Conditional Use Permit The Planning and Zoning Commission, based upon the staff findings, voted unanimously to approve the Conditional Use Permit for the Central School renovation. Kennedy moved to approve the Conditional Use Permit for Central School to be used as a museum. The motion was seconded. with a vote the motion carried. CW. ., ( L-"°' Resoluion 4369-TCMA-RC Trust Resolution Available to all employees of the City, a deferred compensation plan through the International City Manager's Association Retirement Corporation is offered. This is the City Manager's primary source of retirement planning and funding. Previous documents adopting this plan are now outdated in terms of new IRS rulings and federal legislation. Previous accounts were held in the name of the employee but the funds were actually the City's. This has caused problems with several thousands of employees when certain governmental agencies raided these funds to=pay off their debts or to purchase junk bonds. This led the ---City Manager-'9 Association to seek remedies to this undesirable problem. The new document creates a trust to hold plan assets as required by the new federal legislation. This trust is similar to dedicated trusts established by governmental units for various purposes, such as holding pension fund assets or providing for perpetual care of cemetery plots. In order to be eligible to participate in the Retirement Trust, each employer must adopt the Declaration of Trust by resolution of the City Council. This resolution adopts the deferred compensation plan document and appoints ICMA-RC to administer to the plan. Through this document the City also executes the Declaration of Trust of the ICMA Retirement Trust. The City will no longer hold title to the employee plan assets. These assets will be for the exclusive benefits of the employee participants and beneficiaries. Krepps recommended this correction and change in the administration of funds. 1081 Nystul moved Resolution 4369, a resolution amending the ICMA Retirement Corporation Deferred Compensation Plan. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Rpsol u _ion 4370 - S _on Sigma 1 st Avenue West North & OrPcn Based upon inquiries from citizens and/or Council Members, the Public Works Director and the Police Chief have reviewed the need and history of this intersection in terms of traffic control and/or accidents. Larson moved Resolution 4370, a resolution approving the placement of a stop sign in the north and south bound lanes on 1st Avenue West North at its intersection with Oregon Street and declaring an effective date. The motion was seconded. There was discussion. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4371-Stop Sians- .nd Avenue West North and Washington - Based upon inquiries from citizens and/or Council Members, the Public Works Director and the Police Chief have reviewed the need and history of this intersection in terms of traffic control anal/or accidents. Haarr moved Resolution 4371, a resolution approving the placement of a stop sign in the north and south bound lanes on 2nd Avenue West North at its intersection with Washington Street and declaring an effective date. The motion was seconded. Donahue moved to table the ordinance until the next meeting at which time we will have the report back from 3rd Avenue and can add the two streets into one ordinance. The motion died due to lack of a second. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr,. Kennedy, Larson, and Rauthe voting in favor and Nystul voting against. Ordinance 1 .68-M _r' ian gnad-Onta Vast Rtmtwpen Hw= 93 and Windward Way -1st Reading Discussion of this change in the traffic flow for Meridian Road has been ongoing since 1995. 4111—M As a condition for the approval of the improvements to the Meridian intersection for the Buffalo Commons development, MDOT required a traffic flow change to one-way Eastbound. The approach access permit for Northridge Drive/Buffalo Commons has the change included as item 16 I. The City's representatives all acknowledged this requirement. The improvements to the road and to the intersection are now being completed. we need to proceed with the changes in striping and signing as soon as possible. To fulfill previous commitments and to follow through with the conditions this Council approved at the July 21, 1997 meeting, I highly recommend approval of this change in traffic direction. The staff will work with the contractors to complete the change- over in concert with the intersection improvements. There was discussion. Kennedy expressed she would like to postpone this ordinance and negotiate with MDOT. Kennedy moved to table Ordinance 1268 until a date set for negotiation and meeting with MDOT officials. The motion was seconded. The motion carried unanimously with a vote. FOR YOUR INFORMATION Next Regular Meeting October 20, 1997 7:00 p.m. Work Session -Tuesday October 14, 1997 Snow Policy Discussion ADJOURN The meeting was adjourned at 8:32 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council