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07/02/01 City Council Minutes__. 1787 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JULY 2, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda with the removal of Item #10 (Fire Station Delivery Options and Recommendations) pending discussion at a work session. The motion was seconded by Scarff. There was discussion. Van Natta questioned why the issue should be removed. Haarr stated he feels the subject is too complicated and should be reviewed at a work session before making a decision on whether the City should go with the design -bid -build or the design -build concept. Van Natta said he still feels the issue should be discussed and then if the Council is still unsure it can be tabled. Leistiko and Counsell agreed the different options should be discussed. Boharski said he feels that prior to discussion, the Council should find out whether all of the options are legal options. Van Natta said he still thinks the item should be discussed, Van Natta moved a substitute motion leaving Item #10 on the Agenda. The motion was seconded by Atkinson. The substitute motion carried upon vote with Haarr, Scarff and Boharski voting against. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting June 18, 2001 2. Approval of Claims per Payables Register - $1,325,519.72 3. Contract Award - Construction Related Engineering Services for SID #343 Three proposals for consulting engineering support in conjunction with Special Improvement District #343 were received on June 13th. Staff is recommending the City enter into an agreement with Peccia & Associates. Scarff moved approval of the Consent Agenda. The motion was seconded by Van Natta. There was discussion. Haarr questioned several expenditures on the claims, including a $2,000 payment for business cards and large charges on the City's VISA card, Kalispell City Council Minutes July 2, 2001 Kukulski stated 27 employees received 1000 cards each, which should last several years. As for the VISA card, he said most of the expenditures are for travel. Atkinson questioned an $800 expenditure by the Mayor to Who's Who. Boharski stated the membership to Who's Who International allows him to do valuable research. He added that in the four years he has served on the Council, he has never attended any conferences, and he considers the information he can now get from Who's Who as valuable as any information other Council members get from traveling. Larson commented he still doesn't see how getting your name in Who's Who is equal to attending conferences. Boharski stated it' s not a listing fee, it' s an attendance fee that allows him to take advantage of educational opportunities. The motion carried unanimously upon vote. HEAR THE PUBLIC Norbert Donahue, 144 Crestline, accused the Council and City Manager of dereliction by not enforcing City Ordinances. Referring to a recent newspaper article concerning a goat in a residential area near him, he said animals such as this are not allowed in the City limits and he has brought the issue to the City several times with no results. Donahue said he feels his property values are being lowered because ordinances are not being enforced. Senona Partida, 340 loth Avenue West, stated in all the places she's been, Kalispell is the most prejudiced toward Native Americans. She stated several instances of prejudice against her and her children, and asked the Council to do everything they can to change the local attitude toward Native Americans. The following people spoke in regard to Agenda Item 411 Resolution 4632 - Resolution Calling for a Public Hearin - Downtown Redevelopment Plan Modification): Marshall Noice, Noice Studio & Gallery, said tax increment money from the Downtown Urban Renewal District should be used for the Streetscape Plan and not for building a new fire hall. Gordon Pirrie, Western Outdoor, agreed that TIF money was not intended to build a fire station or expand City Hall. C.M. Clark, Kalispell Grand Hotel, said he can't believe the Council would even consider taking TIF money to build a new fire station. Marian Garish, 857 1st Avenue East North, said the TIF money was promised to build up the downtown and it' s not fair for the City to use it for a fire hall. Tom Hall, American Carpet Center, said the TIF money should be used to help eliminate truck traffic from the downtown area and not for a fire hall or streetscape plan. Ben Long, 920 6th Avenue East, said the fire hall costs should be spread across the entire City and not just the downtown. Kalispell City Council Minutes July 2, 2001 Page 2 of 10 1789 Mike Grachek, Mike Grachek Insurance, agreed with Hall that the streetscape plan would just further congest traffic downtown. Patricia Johnson, Mountain Valley Foods, said she's in support of using TIF money to implement the streetscape proposal. ORDINANCE 1384 - ZONING TEXT AMENDMENT - HEIGHT LIMIT IN B-2 GENERAL BUSINESS, ZONING DISTRICT - 2ND READING Jackola Engineering requested a zoning text amendment to increase the maximum height limit in the B-2 zoning district from 35 to 50 feet. The City Council, on first reading June 18th, voted to change the height limit from 35 feet to 40 feet. Haarr moved second reading of Ordinance 1384, an ordinance amending Section 27.14.040(4) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the maximum height limit to 40 feet in the B-2, General Business and B-3, Community Business Districts and declaring an effective date. The motion was seconded by Scarff. There was discussion. The motion carried unanimously upon vote. ORDINANCE 1385 - ZONING TEXT AMENDMENT -- PARKING STANDARDS - 1ST READING Northwest Health Care/Summit is requesting that the zoning ordinance be amended to allow vehicles to park within five feet of the front and side corner lot lines in the H-1, Health Care, zoning district as is currently allowed in the B-1, B-2, B-3 and B-5 zoning districts. Larson moved first reading of Ordinance 1385, an ordinance amending Section 27.26.030(e)(2) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending off street parking design to allow parking in the front and side setbacks in the H-1, Hospital District, and declaring an effective date. The motion was seconded by Counsell. There was discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1386 - ZONING TEXT AMENDMENT -- NEW CATEGORY OF "RETAIL RESTRICTED" - 1ST READING Kalispell Building, LLC is requesting an amendment to the I-1, Light Industrial zoning district of the Kalispell zoning ordinance to include a new category of uses called "retail restricted". Scarff moved first reading of Ordinance 1386, an ordinance amending Sections 27.18.020 and 27.37 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by including a new category under "I-1, Light Industrial, Permitted Uses, of "Retail Restricted", developing a definition of "Retail Restricted" and declaring an effective date. The motion was seconded by Haarr. There was discussion. Narda Wilson, Tri-City Planning office, explained this ordinance recognizes uses that share common characteristics of both industrial and retail elements, and makes a provision for the Kalispell City Council Minutes July 2, 2001 Page 3 of 10 1790 "retail restricted" uses within the district. She said it will allow a business that is predominately industrial to have some limited showroom or retail display space as an incidental part of the business. The motion carried unanimously upon roll call vote. ORDINANCE 1387 - ZONE CHANGE - EAST AND WEST SIDES OF BUFFALO HILL DRIVE - 1ST READING Several property owners are requesting a zone change from H-1, Health Care, to R-3, Residential, on approximately 3.10 acres located on the east and west sides of Buffalo Hill Drive between the hospital and the Buffalo Hill Golf Course. Haarr moved first reading of Ordinance 1387, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance N. 1175), by zoning certain real property, more particularly described as assessor's tracts 6 EC, 6EE, GCB, 6CD, Lot 1 Harmon Addition and Lots 1-5 Highland Park, Golf Course 2nd Addition located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (Previously Zoned City H-1, Health Care) to City R-3 (Residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Van Natta. There was discussion. Marjorie Simpson, 55 Buffalo Hill Drive, spoke in favor of the zone change. The motion carried unanimously upon roll call vote. Leistiko commented that Haarr should have abstained from voting on the resolution since he was one of the applicants. Boharski said the conflict of interest statutes generally apply only if someone benefits solely from an action. He said if it benefits a group, there is no conflict. RESOLUTION 4631 - MEERKATZ ANNEXATION REQUEST Jeffrey Meerkatz is requesting annexation of an 0.60-acre parcel of property located on the west side of South woodland Drive and north of Kelly Road. Van Natta moved Resolution 4631, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described as the Amended Plat of a Portion of Lots 4 and 5, Block 4, Greenacres North-West Subdivision, located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Meerkatz Addition No. 303, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1388 - INITIAL ZONING FOR MEERKATZ ANNEXATION - 1ST READING Meerkatz is requesting the property be zoned R-2, Single Family Residential, upon annexation into the City. Kalispell City Council Minutes July 2, 2001 pitgv 4 of 10 1791 Atkinson moved first reading of Ordinance 1388, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described as the Amended Plat of a Portion of Lots 4 and 5, Block 4, Greenacres North-West Subdivision located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R--1, One Family Limited Residential) to City R-2, (Single Family Residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. CONDITIONAL USE PERMIT - TRINITY LUTHERAN SCHOOL Trinity Lutheran School is requesting a conditional use permit to allow for an expansion of the existing school consisting of five new classrooms and a library. Atkinson moved approval of the Conditional Use Permit for Trinity Lutheran School subject to the conditions listed. The motion was seconded by Larson.. There was discussion. Counsell stated his architectural firm is directly involved with this project and he will abstain from the discussion and the vote. Ken Miller, Architects Northwest, gave an overview of the proposal. The motion carried upon roll call vote with Counsell abstaining. FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT - CAB An amendment to the Interlocal Agreement Establishing the Countywide Administrative Board is necessary following Flathead County's withdrawal. Leistiko moved approval of the Fifth Amendment to the Interlocal Agreement. The motion was seconded by Larson. There was discussion. Kukulski explained the original agreement designated Flathead County as the administrative agent and provider of legal counsel to the CAB. He said this amendment allows the board to appoint a new administrative agent and legal counsel. Kukulski said Kalispell has been asked to act as the administrative agent. He said legal counsel has yet to be decided, however, the cities are leaning toward using all three City Attorneys. Haarr asked if the City would be getting administrative fees for handling the books. Kukulski said the cities have agreed to pay an administrative fee, however, the amount hasn't been decided yet. The motion carried unanimously upon vote. Kalispell City Council Minutes July 2, 2001 Page 5 of 10 1792 CONSULTANT AGREEMENT - BRUCKHAUSER POOL The Consultant Agreement with Architects Design Group covers the costs of architect and engineering services for a new leisure aquatic facility. Atkinson moved to approve the Agreement with Architects Design Group in the amount of $283,775.00 for architectural and engineering services, plus $46,646.00 in reimbursable expenses for a total of $330,421.00. The motion was seconded by Scarff. There was discussion. Haarr questioned how the City can justify spending so much money prior to putting the project before the voters. Michael Absalonson, ADG, said the reason he put together a total and consolidated fee covering the entire project is for budgeting purposes. He said the proposal is highly itemized in order to let the Council decide how many steps should be done prior to taking the issue to the voters. Absalonson said in essence, the City has two options: 1) start at the bottom end (more inclusive), talk to the public and work your way up to the voters; or 2) start at the top end (less inclusive), set a budget limit and go straight to the voters. Haarr said until the cost of the pool can be spread across the County, he feels the voters will turn it down. He suggested establishing a small amount up front and then do a good job in selling it. Kukulski commented the City wouldn't be locked into the total amount by signing the agreement, the City can pull the plug on the project anytime. He suggested the Council at least approve the Pre - Funding Programing services which include a schematic design. Kukulski said that way the City would at least have a schematic design of an aquatic center that the citizens may want in the future. Counsell said he's not convinced how much is needed prior to going to the voters. He said a pre -design is necessary, but he feels going into the schematics is unnecessary. Counsell moved an amendment to the motion by limiting the agreement with Architects Design Group in an amount not to exceed $58,000 in pre -bonding services. The motion was seconded by Van Natta. There was discussion. The amendment carried unanimously upon roll call vote. Boharski commented he could support five to ten thousand dollars, but he can't support spending this much money up front on something the voters may disapprove. The main motion as amended carried upon vote with Boharski voting against. ARCHITECTS DESIGN GROUP - FIRE STATION DELIVERY OPTIONS AND RECOMMENDATIONS Following a City Hall space needs study, it was determined the best option is to relocate the existing Fire Station and remodel the Kalispell City Council Minutes July 2, 2001 Page 6 of 10 1793 current area for Police Department and office space. Architects Design Group was asked to look at three delivery options: design - bid -build, construction manager at risk and design -build. ADG is recommending that Council approve the design -bid -build delivery option. Larson moved the Council adopt the consultant's analysis and recommendation to proceed with design -bid -build as the delivery option. The motion was seconded by Van Natta. There was discussion. Van Natta said if the City proceeds with the fire hall project, then the design -bid -build option is the 11tried and true" scenario and should be the one used. Boharski supported the design -build l concept. He said with the design -bid -build, the contractor is�fixed to the architectural drawings and design associated with the bid, but with the design - build scenario, the contractor and thel,architect work together from the very beginning for a more efficient and less costly project. He added, however, the City needs to determine whether the design - build option is a legal one to use with public funds. Counsell said he has a i problem with I'desig n-build because if the P City doesn't have a precise document describing what is wanted and how the building is to be used, then ',you're going to get "design - build all over the board". He said youimay get a cheaper building, but it may turn out to be just a wooden box. Atkinson said the design -bid -build) concept could include a combination of the two. He said with algood architect, you can have a lot of pre -planning before the bid.'i Boharski said until a legal decision is made concerning the various options, the Council shouldn't be taking vote. He suggested the Council table the issue until further',research can be completed. Kukulski agreed that additional research would be helpful, but emphasized that "savings is time, the�risk is quality". He said he still feels the design -bid -build i4 the best option, but can understand if the Council wants to take more time to study the issue. Van Natta stated he feels the proposal before the Council is from a reputable consultant and based on the information at this time, the design -bid -build option is still the best. He said if he learns differently down the road, then he will change his mind, but for now he will support the motion as it stands. Haarr moved to table. The motion was 'seconded by Scarff. The motion carried upon roll call vote with Haarr, Kenyon, Larson, Leistiko, Scarff and Boharski voting in favor, and Atkinson, Counsell and Van Natta voting against;- - RESOLUTION CALLING FOR A PUBLIC HEARI= - This resolution is the first step tor7ard modifying the Kalispell Downtown Redevelopment Plan project list. The modification includes plans to relocate the Fire Department along with a request for Kalispell City Council Minutes July 2, 2001 Page 7 of 10 1794 funds to help build a new Health Department facility. The public hearing is set for October 15, 2001. Haarr moved Resolution 4632, a resolution calling for a public hearing on a proposed modification of the Kalispell Downtown Redevelopment Plan to approve certain projects as urban renewal projects. The motion was seconded by Scarff. There was discussion. Larson asked if the Council is tied to the figures in the resolution which are $2,500,000 for the fire hall and $500,000 for the health department? He said if the Council approves the modification and finds the fire hall will only cost $1, 500, 000, can the other $1,000,000 be applied toward streetscape? Kukulski said they are "not to exceed" figures. He said the Council is basically just adding to the urban renewal list and reminded members this is just the resolution setting the public hearing. Leistiko reminded the Council of the downtown revitalization that has been planned for years, stating that streetscape is already on the project list and in the budget. Kukulski said there is a possibility there are enough TIF funds to do components of both. Boharski suggested as clarification for the public, the words "a maximum of" should be inserted before "$2,500,000" in the resolution. There was no objection. Kenyon spoke in favor of streetscape stating he has spoken with 25 different downtown business people and 23 of the 25 supported the streetscape plan over the fire hall proposition. He said he will not support this modification and encouraged people to speak up at the public hearing. Diane Conradi, Citizens for a Better Flathead, asked the Council to leave the streetscape plan the way it is. She said anything other than revitalizing the downtown will not create jobs. Joe Russell, Director, City -County Health Department, asked the Council to support the request to help build a new health facility. He said by building elsewhere, it will help turn the area housing Courthouse East back into taxable property. Jean Johnson, 787 North Main, stated he's not in favor of the streetscape plan and he doesn't agree that all downtown business people are in favor of it. He said he thinks there are a lot of questions that have to be answered before moving any further with streetscape. The motion carried upon roll call vote with Kenyon and Leistiko voting against. RESOLUTION 4633 - AMBULANCE RATE INCREASE The Kalispell Fire Department provides ambulance service without support of taxes. In response to rising costs, fees need to be periodically increased. Kalispell City Council Minutes July 2, 2001 Page 8 of 10 1 1 Larson moved Resolution 4633, a resolution amending Resolution No. 4554, by revising ambulance rates for the use of the Kalispell ambulance service and declaring an effective date. The motion was seconded by Leistiko. There was discussion. Boharski commented even though he hates to spend money, there isn't another department in the State thalt can match the quality of service Kalispell provides and for now he thinks the rate increase is a necessity. Scarff agreed, but added the City should make "baby" increases each year instead of a large jump every other year. Haarr said he won't support the motion because the City needs to find better ways to manage its finances. The motion carried upon roll call vote with Haarr voting against. A new salary ordinance needs to be adopted in conjunction with the contracts with the Kalispell Police Association, The International Association of Firefighters Local Union No. 547 and AFSCME, The American Federation of State, County and Municipal Employees. Scarff moved first readingof Ordinance 1389 an ordinance amending 9' Ordinance No. 1379, fixing the limits of the salary and compensation of the City officials,lsupervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the dates indicated herein, and repealiing all other ordinances in conflict therewith. The motion was seconded by Larson. There was discussion. Haarr commented the disparity of City wages es with the private sector P Y Y g is "out of whack". He said at some po'I,int the City needs to become realistic about salaries. The motion carried upon roll call vote with Haarr voting against. BOARD APPOINTMENT - KALISPELL POLICE MMMISSION Colin Andrews is requesting reappoin�Iexamininq ment to the Kalispell Police Commission which assists the City inapplicants for the police force and serves as a grievance board for all matters related to police discipline. Mayor Boharski recommended Colin Andrews be reappointed to the Kalispell Police Commission. Haarr moved Council approve the Mayor I'E; recommendation to reappoint Colin Andrews to the Police Commission. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon viote. EVALUATION REPORT - CITY MANAGER Each year Council members submit a written evaluation of the City Manager. A three -member committee,) comprised of Chairman Don Kalispell City Council Minutes July 2, 2001 Page 9 of 10 1796 Counsell, Dale Haarr and Duane Larson, consolidated the Council evaluations and Counsell presented a summary to members. Counsell moved Council approve a three percent raise for City Manager Chris Kukulski, retroactive to May 3, 2001. The motion was seconded by Atkinson. There was discussion. The motion carried upon roll call vote with Scarff and Boharski voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski, referring to Donahue's criticism, suggested the Council discuss code enforcement at a work session and give direction to staff what exactly should be enforced because it tends to be a political decision. Kukulski announced he will be out of town the first part of next week and there will not be a work session July 9th. ADJOURN The meeting was adjourned at 10:45 p.m. ATTEST: Theresa White City Clerk Approved July 16, 2001 Wm. E. Boharski Mayor F-j Kalispell City Council Minutes July 2, 2001 Page 10 of 10