09/03/91 City Council Minutes39
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., SEPTEMBER 3, 1991 IN THE COUNCIL CHAMBERS AT CITY HALL.
MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Claims per Payables Register
Approve Minutes -August 19, 1991
Atkinson moved the consent agenda be approved. The motion was
seconded.
Williams corrected the claims total to $605,225.58.
The motion carried upon vote.
ADDRESSING THE COUNCIL
No one addressed the council.
PUBLIC HEARING
Approval of an Urban Renewal Project --The Kalispell_ Market Place
Williams explained the purpose of this hearing is to receive
public comment concerning the city's intent to designate certain
activities in the Downtown Redevelopment Area as a project.
Specifically the project would allow the City of Kalispell and
Tidyman's to enter into a development agreement with the
objective being the development of certain real property owned by
Ta:dyman"s between 3rd Avenue East North and Main Street, north of
the Burlington Northern railroad tracks. Tidyman's proposes
building upon the property a 57,000 square foot grocery store
with related improvements. The city proposes to assist in the
development by providing infrastructure improvements, which will
be of benefit to the city and to the redevelopment area. The
city proposes to commit up to $500,000 to public infrastructure
improvements out of tax increment funds, and to apply for a
$300,000 Economics Development Administration Grant for
additional improvements.
Larry Gallagher, City of Kalispell Real Estate Counselor,
explained a brief history of the proposed project and the purpose
of tax increment financing.
Proponents
Mike Davis, Tidyman's Secretary/Treasurer, concurred with
Gallagher's comments. He expressed that Tidyman's has tried to
go as far as they can as far answering the needs of the city.
Opponents
Dave Mumby, Fred Meyer meat cutter, was concerned with the
hardship from the loss of jobs and felt there were too many
grocery stores in the area already.
Bill Wright, 1104 1st Avenue East, was concerned with the travel
plan that will affect 1st Avenue East.
Mrs. Owen Sowerwine, felt the post office should be built in this
area rather than Tidyman's.
Janice Skyba, Fred Meyer employee, wanted to know how m4ny local
people would be hired and the wages.
Cheryl Perrin, Fred Meyer Vice President of Public Affairs,
stated Fred Meyer has been in the area for about 30 years and
employs 126 people. She had the following concerns:
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1. Is this the best possible use for public money?
2. This will have a direct economic impact on the area and
specifically Fred Meyer.
3. There will be a definite traffic impact on the area.
Fred Meyer had a consultant do a traffic report of the area and
the results were distributed to the council. Perrin reviewed the
analysis.
Perrin requested a 45 day extension prior to any vote being
taken due to the impacts this will have.
Shelton Williams, attorney representing Super One Foods and some
other local tax paying businesses, felt this project will result
in a loss of jobs. The tax increment subsidy involved is unfair.
There seem to be a lot of unanswered questions and he would like
council to review and delay the decision.
Rauthe closed the public hearing.
Mike Fraser, Architect Design Group, explained the proposed site
plans, including landscaping and parking, sewer, storm drain and
traffic. He also addressed the extension of 1st Avenue East to
Center Street.
There was discussion as to the site configuration.
There were 14-15 different possibilities and this was chosen for
the maximum utilization and development of that site.
Clete Daley, Traffic Engineer, summarized his traffic study of
this area.
Mike Davis, Tidyman's,
reported approximately 120 people
would be
hired, which 10-15 would be management positions brought from
other stores. 60-70%
of the hours worked would be with
full time
positions, the other
would be part time positions.
The wage
would be the going rate in the area. Tidyman's is 100%
employee
owned.
Larry Gallagher explained with a 45 day delay, the construction
would be delayed until next spring. This proposal is asking to
provide for an opportunity for those that want to come to
Kalispell to locate where it's in the best interest of the
community and where the city has infrastructure traffic
circulation.
Modify Downtown Redevelopment Plan
Williams explained the purpose of this hearing is to receive
public comment concerning the- city's intent to amend the
Kalispell Downtown Redevelopment Plan by streamlining the
procedure necessary to effect a plan change or designate a
project. Under the current procedure a plan amendment or urban
renewal project amendment requires notice of public hearing be
given by publication and by mailing notice of such hearing to all
persons in the district whose names appear on the County
Treasurer's tax roll as owners. Compliance requires that the
city mail approximately 1,200 notices. The procedure is both
costly and time consuming. State law allows the city to adopt,
by plan amendment, a procedure which dispenses with the notice
mail provision. The proposed amendment would authorize the city
to amend the urban renewal plan or designate a project by
notifying all property owners within 150 feet of a proposed
project area.
Proponents
None
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Opponents
Max Lauder, 1138 1st Avenue East, spoke against the change. He
felt people should be aware when they would be effected.
Janice Skyba, Fred Meyer employee, stated Fred Meyer relies on
3rd Avenue traffic to stop at their store, if that traffic flow
is lost, they may be trying to put us out of business.
Bill Wright, 1104 1st Avenue East, agreed with Lauder, it is
important persons are notified.
The public hearing was closed.
ORDINANCES & RESOLUTIONS
Ordinance 1168--Approval of an Urban Renewal Project --The Kalispell
Market Place -1st Reading
Moses moved Ordinance 1168, an ordinance relating to the
Kalispell Downtown Redevelopment Plan; approving a certain
project as urban renewal project and authorizing the negotiation
of a development agreement with warehouse Industries, Inc. D/B/A
Tidyman's with regard to said urban renewal project. The motion
was seconded.
Nystul referred to the comment made of the division of the pie of
retail establishments. The city has encouraged expansion of the
retail market and the utilization of that parcel of land is the
ultimate goal. This particular parcel as it relates to the
present and long term growth and expansion of the community
retail establishment as well as what effect does it have on
better utilization of property within the city is the goal.
The movement of the infrastructure and the extension of 1st
Avenue East, will require further discussion at a later date.
Rauthe reminded this is the first reading of this ordinance and
the 2nd reading will be at the next council meeting.
Larson suggested delaying this decision 30-45 days due to lack of
information.
Atkinson spoke in favor of the ordinance. He did not like the
placement of the Tidyman's building and did not fear a loss of
jobs.
Williams felt it would be a mistake to delay this decision.
Kennedy and Buck spoke in favor of the motion.
Kennedy called for the question.
With a roll call vote the motion carried unanimously.
Ordinance 1169-Modify Downtown_ Redevelopment Plan --1st Reading
Moses moved ordinance 1169, an ordinance relating to the
Kalispell Downtown Redevelopment Plan; modifying the procedure
for modification and amendments thereto. The motion was
seconded.
On the first page of the ordinance, under the 6th "Whereas", the
date should be September 3rd rather than the 5th.
There was discussion.
Nystul moved to amend Article VI Section A-1, to change 150 feet
to 300 feet. The motion was seconded.
Upon vote the amendment was defeated with Nystul, Buck, Larson
and Granmo voting in favor.
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Larson spoke against the motion.
Upon roll call vote the motion carried with Larson voting
against.
Ordinance 1170-Flood lain -1st Reading
Atkinson moved Ordinance 1170, an ordinance amending Ordinance
No. 1101, "The City of Kalispell Floodplain Ordinance" to
implement the floodplain and floodway management laws of the
State of Montana within the city. Said ordinance provides for
establishment of floodplains, floodways and floodway fringe
districts within the city and a map designating same; terms used
in administration thereof are defined; uses allowed and
prohibited are defined, and use permits provided for with
criteria of issuance thereof; flood proofing requirements are set
out; a floodway administrator is provided for and his duties
under the ordinance are established; variances are provided for
and a Kalispell Flood Hazard Board of Adjustment established to
administer applications for same; violation of said ordinance is
made a misdemeanor; to provide for an effective date. The motion
was seconded.
Williams explained the purpose of this ordinance is to adopt a
replacement model floodplain ordinance, which has been submitted
by the State Department of Natural Resources for consideration.
The ordinance is not much different from the present floodplain
ordinance, some of the changes include: considerable rearranging
of its content, public notification when an application is made
for a floodplain development permit and language concerning the
replacement of mobile homes. The State of Montana has taken the
position the ordinance must be adopted or risk suspension from
the National Flood Insurance Program.
The motion carried with a roll call vote.
BUSINESS FROM MAYOR & COUNCIL
Proclamation -Chamber of Commerce Week
Rauthe proclaimed September 9-1 as Chamber of Commerce Week and
read the proclamation.
General Discussion -Correspondence
Montana Department of Transport tion
A letter was sent to Governor Stephens requesting he make the
final decision regarding the design of Hwy 93. The same day the
letter was mailed, a letter was received from John Rothwell,
Director of Highways, expressing the reluctance to proceed
without the acceptance of the Kalispell City Council.
After discussion it was decided to wait until next Monday to see
if a reply will be received from Governor Stephens.
Unified Rate
Recently council was addressed by a local businessman concerning
PTI Communications Rate Restructuring Proposal. The Public
Service Commission required as part of their next year's full
rate case, PTI must include a proposal for a unified base rate.
Kennedy moved the mayor be authorized to send letters of
Kalispell's support and requesting support from Montana Office of
Consumer Counsel, Public Service Commission and PTI
Communications for a unified base rate. The motion was seconded.
With a vote the motion carried.
Montana Department of Fish, Wildlife & Parks
Kennedy moved the mayor be authorized to sign the letter in
regards to the State Land and Water Conservation Fund requesting
continued support. The motion was seconded.
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Upon vote the motion carried.
Ashley Business Park Meeting
9/4/91 9:00 a.m. Meeting re: Ashley Business Park
Flathead County Air -Pollution Control Program
Larson reminded council of the public hearing on 9/24/91, and Joe
Russell will be at the next council work shop and explain the
contents of this program.
BUSINESS FROM MANAGER
Chip Seal BidAwardRecommendation
Williams explained two bids were received from the chip seal bid.
Pack & Company bid $62,000 and A-1 Paving bid $75,940. Both bids
were responsive and he recommended the bid be awarded to Pack &
Company in the amount of $62,000. The budget for this project
was $65,242.
Buck moved the chip seal bid be awarded to Pack & Company in the
amount of $62,000. The motion was seconded.
Kennedy abstained from discussion and vote due to conflict of
interest.
Upon vote the motion carried.
Manager Proposal regarding--FRDO
Williams involved himself in an attempt to keep David Greer,
Senior Planner on staff at the Flathead Regional Development
Office on a half time basis. Mr. Greer has resigned his full
time position with FRDO effective September 2, 1991. The
City/County Administrative Board agreed to allow both David and
the newest employee at FRDO to job share a full time position
exclusively for the benefit of the City/County Planning
Commission provided that the City contributes an additional
$5,000 to allow the FRDO agency enough money to employ another
Senior Planner who would work on projects for the other
participating jurisdictions, which were previously handled by Mr.
Greer and the newest employee, Lisa Rice. He expressed his
concern about maintaining continuity with respect to the city`s
present planning efforts and losing Mr. Greer at this point would
set us back on many of these projects 3 to 6 months. He
recommended that council authorize the additional $5,000
contribution to FRDO allowing for the job share concept.
Kennedy moved the city manager be authorized to expend an
additional $5,000 to FRDO so as to maintain Greer and Rice as
planners for the City of Kalispell. The motion was seconded.
The motion carried unanimously upon vote.
Lawrence Park Reclamation Project -Seek Bids
Williams requested authority to seek bids for the Lawrence Park
Reclamation Project.
Buck moved the city manager be authorized to seek bids for the
Lawrence Park Reclamation Project. The motion was seconded.
The motion carried upon vote.
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STAFF REPORTS
Next Council Work Session-9/9/91-7:00 p.m. -.Manager Evaluation
Next City Council meeting-9/16/91-7:00 p.m.
ADJOURN
The meeting was adjourned at 10:30 "
DouglasID. Rauthe, Mayor
ATTEST: %
Amy H. Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved September 16, 1991
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