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07/06/92 City Council Minutes04 471 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JULY 6, 1992, IN HECOUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. ALL WERE PRESENT. Mayor Rauthe called the order and led the Pledge of Allegiance. INTRODUCTIONS City Manager Williams explained the recent retirement of Sgt. Ray Dyer created a sergeant position opening and he introduced Gene Holliday, who upon Council approval will be filling the position effective July 1, 1992. As another result of the retirement, Williams rit.roduced John Ortiz to fill the officer appointment with Council confirmation. Williams also introduced Officer Mark Mulcahy, who was approved `or appointment April 6, 1992 and was unable to attend the meeting. He excused the officers and noted that later in the meeting he will be asking for confirmation. Mayor Rauthe welcomed the officers and they were applauded. CONSENT AGENDA Approve Minutes -June 15, 1992 Approve Claims per Payables Register Buck moved the approval of the consent agenda. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL Kent Nelson, P.O. Box 3066, Kalispell, owner of the Poston Addition property, was present for any questions regarding Resolution 4057. ORDINANCES & RESOLUTIONS Resolution 4057-Poston Addition -Preliminary Plat Atkinson moved Resolution 4057, a resolution conditionally approving the Preliminary Plat of the amended Plat of Lot 12, Block 1, Poston Addition to Kalispell located in the SW 1/4 SW 1/4, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The ;!notion was seconded. Upon roll call vote the motion. carried. Resolution 4058-Refinance Bonds -Immanuel Lutheran Home Collins moved Resolution 4058, a resolution approving issuance by the City of refunding revenue bonds on behalf of Immanuel Lutheran Corporation of Kalispell, Montana for Senior Housing Project. The motion was seconded. City Attorney Neier explained that the primary purpose for industrial development revenue bonds is to allow an industry to finance a proposition with tax free `bonds. If the industrial development revenue bonds are issued by the city, then under _ certain circumstances they are tax free to the person who buys the bonds. Generally the interest on those bonds is maybe slightly or significantly lower than market securities. This was previously done by the Buffalo Hill Terrace and those bonds were sold during higher interest rate time and if they can refinance them there will be significant savings to the Immanuel Lutheran Home Corporation. )47' 472 Williams noted historically these types of bonds have been used to promote economic development benefiting local governments across the country. They have been available for both public and private kinds of activities. Granmo questioned why the amount was for $7 million when it was originally issued was $6,545,000? Attorney. Steve Cummings, representing Immanuel Lutheran Home, stated it was set at $7,000,000 but will probably be substantially less than that. They are going to be doing a slightly higher amount of bonds this time because of the cost of issuance, which is primarily the cost of the underwriting of the bonds that is going to be financed. The motion carried with a roll call vote. BUSINESS FROM MAYOR & COUNCIL Parking Advisory Board Appointments Mayor Rauthe stated the Parking Advisory Board appointments will be made at the next meeting. BUSINESS FROM MANAGER Conditional Use Permit -Getman Bed & Breakfast The Kalispell Planning Board met June 9th and held a public hearing on a Bed & Breakfast CUP request. The request was made by Sheryl Getman for a CUP to allow for a Bed & Breakfast in an existing residence located at 538 5th Avenue East. The Planning Commission considered the public testimony and the FRDO Staff report. The Commission voted to accept the s�-.aff report and recommended to City Council that the Getman Bed & Breakfast be granted a conditional use permit with 13 conditions. The conditions are outlined in the Planning Commission letter dated June 11. Williams recommended that council approve the CUP as per the Planning Commission's findings and recommendation. Atkinson moved the council approve the conditional use permit for the Getman Bed & Breakfast with the 13 conditions. The emotion was seconded. There were questions as to the 5 rooms, 10 person occupancy and the usage. Sheryl Getman explained there are 5 rooms, of which 1 has 2 queen beds and 1 room has 2 twins and a queen. She noted she did not intend to have children staying, but did have 1 room that could be used if needed. With a vote the motion carried. Conditional Use Permit-Westwind Village Apartments Williams referred to the memorandum from the Planning Commission concerning the general reason for the request including the recommendation concerning the conditional use permit. The CUP would allow Westwind Village, a Montana Limited Partnership, to construct an apartment complex consisting of 34 residential units. The site of the proposed apartments is located off of Two Mile Drive, adjacent to the new Kalispell Senior Apartments. By motion the Planning Commission adopted the FRDO Staff report as findings of fact and recommended to the City Council that a conditional use permit be granted to Westwind Village Apartments with 12 conditions. These conditions are outlined in the Planning Commission letter dated June 11, 1992. Condition #4 as discussed at the work session of last week required the developer to build a public street to be built 28' back of curb to back of curb. The subject street has already been built to 271, less than the standard specified. 0478 473 Now the developer is requesting that the city accept the 27' street claiming that a lack of communication was the reason the street was built less than the required 28'. A letter from the City to Mr. Ron Pack dated July 16, 1991, specifically spells out under what standards the street was to be built. In addition, the recent conversation between Public Works Director and Mr. Pack, which had taken place concerning the matter, was prior to the street being built. The conversations included a verbal reminder from Mr. Babb to Mr. Pack of the street standard requirement. Failing to accept this as a public street, could possibly result in this project not being funded. The community could lose the benefit of 34 rental units. Williams felt there were three options. The options are: 1. Require the developer to honor all 12 conditions with no exceptions. 2. Require the developer to honor all 12 conditions except modifying condition #4 to read a 27' street. 3. Require the developer to meet all 12 conditions but modify condition #4 accepting the 27' street (provided it has been properly built) and penalize the developer by imposing the provision as outlined in Robert Babb's memo dated July 2, 1992. Babb suggested in his memo that the contractor consider a penalty for disregard of the policy. That it should be a $5,000 cash penalty which represents the amount of money that the developer would have to pay to have the street built after the fact to the 28' standard and require the developer to dedicate a 60' right- of-way through adjacent property for the future extension of the street Corporate Way. Williams felt comfortable that the penalties were commensurate with the disregard for the policy. Since this memorandum was written, he has talked with Ron Pack. He also has talked with the developer Alpha Group senior partner, Ed Mackey. Mackey asked Williams to relay a couple items to the council. 1. He asked if Council would consider postponing a decision on this until he could come up from California. Williams told him he did not think Council would like to consider that because this was not a public hearing and the communication concerning the street was not directed to Alpha Company or to Mr. Mackey, but had been previously directed to the property owner Mr. Pack. The communication breakdown was between Mr. Pack and the City as opposed to Mr. Mackey (representing the developer) and the City. 2. Mackey wanted Williams to let Council know that there was a discussion between himself and Mr. Babb concerning the issue related to the street width. Mr. Mackey was concerned that we be aware there was communication at least preliminarily between his company and the city a few months ago, prior to the time the street had been actually constructed. 047 474 Williams stated after reviewing the circumstance and the fact that over the last several months the city has had continuing discussions and even reduced to writing what the city's intent was with respect to this street. There should have been no confusion and no mix up concerning what standard the city wanted the street built to. Because of that he recommended the City Council accept the 27' street, imposing the penalties outlined in Mr. Babb's memo and granting the conditional use permit with the remaining 11 conditions. Williams stated the 4th condition needs to be modified as per the recommendation of the manager and then adopt the findings with the 12 conditions. Atkinson stated he was in favor of option No. 1 requiring all 12 conditions with no exceptions. This city needs to live up to its standards and not be over run by developers. Kennedy felt a $5,000 penalty was too extreme against the developers. There was discussion. Kennedy moved to grant the conditional use permit changing Condition No. 4 to read 27' road, have a one time donation from the developer of $2,500, putting up the street signs and no parking signs, curb painting where necessary, the 60' right of way easement and the city accept the road as a city street. The motion was seconded. There was 'more discussion. Ron Pack attempted to explain the sequence of events to the Council and admitted the city was not responsible. Atkinson spoke against the motion. Collins felt the $5,000 was excessive and that the $2,500 was also excessive. Collins moved to amend the penalty amount to $1,500 and eliminate the 60' right-of-way dedication. The motion was seconded. There was more discussion. Moses spoke against the amendment to the motion. She was not in favor of either the $2,500 or the $1,500, she felt Babb's $5,000 recommendation was reasonable. Nystul spoke in favor of the amendment and the original motion. The amendment carried upon vote with Atkinson, Buck, Rauthe and Moses voting against. Williams noted the city did not have the opportunity to inspect the street, and that condition should be included. Kennedy moved to amend the city accept the street as 27' after the city has inspected it and it meets the rest of the city standards. The motion was seconded. The amendment carried with Buck, Moses and Atkinson voting against. Upon vote the original motion with both amendments carried with Atkinson, Buck, Moses and Rauthe voting against. Authority to Bid -Tennis Courts Collins moved the Council approve authority to bid resurfacing of the tennis courts. The motion was seconded. 047S_/c 475 The 1993 budget has a provision for this item. At the last work session Williams asked Council permission to proceed without the budget having been approved yet so the tennis players of the community could have benefit of playing on resurfaced tennis courts this summer. With a vote the motion carried. Confirmation of Police Officer Williams requested confirmation of the appointment of John Paul Ortiz to the position of police officer effective July 1, 1992. Kennedy moved Council confirm the appointment of John Paul Ortiz to Kalispell Police Officer effective July 1, 1992. The motion was seconded. The motion carried upon vote. Confirmation of Police Sergeant Williams also requested Council's confirmation of the appointment of Gene Holliday to the rank of sergeant. Atkinson moved council confirm to the position of sergeant with The motion was seconded. With a vote the motion carried. the appointment of Gene Holliday the Kalispell Police Department. _Fire Department Temporary Position Williams requested permission to hire Kevin Hadley -as a temporary firefighter. A regular firefighter is on Worker Compensation with a back injury and will be off until at least September and possibly longer if he has surgery. The firefighter trainee has been placed on the shift to cover and now a person is needed to cover vacations and sick leave. Additional cost for this person will be about $200 per month for no longer than six months. Hadley was rated #2 on the hiring list and is willing to come to work as a temporary firefighter. Buck moved the city manager be authorized to proceed with hiring a temporary firefighter for approximately six months. The motion was seconded. Upon vote the motion carried. Recognition -David Greer Mayor Rauthe read letters of appreciation and commendation for David Greer who is leaving the Flathead Regional Development Office. The letters read were from the City of Kalispell City Council and City Manager, Sharon Stratton, Board of Commissioners, County Planning Board Zoning Commission, Flathead Regional Development Office Planning Director, Steve Herbaly. Rauthe presented the letters to Greer and wished him luck and thanked him. Greer was applauded and received a standing ovation. Executive Session Rauthe recessed the meeting to an Executive Session at 8:45 p.m. The Executive session adjourned at 9:45 p.m. and the Regular meeting resumed. Ratify Kalispell Police Association Contract Williams asked for council consideration to ratify the contract with the Kalispell Police Association. He summarized the elements of the new contract and asked for authority to sign the agreement with the Kalispell Police Association. ,(a 47-6 476 Atkinson moved the council ratify the contract with the Kalispell Police Association for a 3 year term. The motion was seconded. The motion carried unanimously with a vote. STAFF REPORTS Next Work Session 7/13/92 7:00 p.m. Next Council meeting 7/20/92 7:00 p.m. ADJOURN The meeting was adjourned at 9:55 p.m. Dougl D. Rauthe, Mayor ATTEST: y H obertson, Finance Director Debbie Gifford, Clerk of Council Approved July 20, 1992