Loading...
05/05/97 City Council Minutes1028 1028 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MAY 5, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, 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. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting -April 21, 1997 B. Approval of Claims per Payables Register-$288,874.96 C. Award Bid-Elk's Lift Station D. Authority to Bid -Teton Terrace/South Woodland Court Landscaping E. Proclamations Be Kind to Animals Week -May 4-10, 1997 Kalispell Tourism Week -May 4-10, 1997 Kalispell Letter Carrier Day -May 10, 1997 National Historic Preservation Week -May 11-17, 1997 Law Enforcement Memorial Day -May 15, 1997 Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. HEARING THE PUBLIC Flathead Industries Conditional Use Permit Mike Kelly, Flathead Industries Executive Director, spoke in favor of the approval of the conditional use permit for Flathead Industries. Central School The following spoke in favor of the Central School Museum: Rosalie Heinecke, 61 Buffalo Hill Drive Linda Collins, 302 Salish Court Gordon Pirrie, 420 Lake Hills Lane Delores Swanberg, 154 Point Caroline Road Resolution 4329-Refund 1986 Sewer Revenue Bonds Larson moved Resolution 4329, a resolution relating to $925,000 Sewerage System Revenue Refunding Bonds, Series 1997; authorizing the issuance and fixing the terms and conditions thereof. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Ordinance 1261-Elected Officials Salary-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. Donahue spoke against the pay for the mayor and council. 1 1 1029 1029 The motion carried upon roll call vote with Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor and Atkinson voting against. Flathead Industries Group Home -Conditional Use Permit The site is located on the southwest corner of 1st Street West and 3rd Avenue West in an RA-2, Residential Apartment Zoning District with the construction of a group home to accommodate a maximum of eight adults with developmental disabilities. Larson moved the conditional use permit be granted to Flathead Industries. The motion was seconded. Nystul abstained from discussion and vote. The motion carried unanimously with a vote. 44 Unit Assisted Living Facility -Conditional Use Permit The site is located approximately 200 feet north of Two Mile Drive between Glenwood Drive and Meridian Road and contains approximately 2.06 acres and would allow the construction of a two story 44 unit personal care facility in the RA-2 Low Density Residential Apartment Zoning District. Larson moved the conditional use permit be granted for the 44 unit assisted living facility. The motion was seconded. With a vote the motion carried. Ordinance 1262-Gardner Auction Zone Change -1st Reading Nystul moved Ordinance 1262, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance No. 1175), by re -zoning property owned by Gardner Auction Service, Flathead County, Montana (previously zoned RA-1, a Residential Apartment District), to I-1, a Light Industrial District, in accordance with the City -County Master Plan and to provide an effective date. The motion was seconded. Kennedy moved to amend to remove Section III, the property is appropriately buffered as required by Section 27.22.050 (2), from the ordinance. The motion was seconded. There was discussion. Donahue and Haarr spoke against the motion. The amendment failed upon vote with Atkinson, Donahue, Granmo, Haarr, Larson, Nystul and Rauthe voting against and Collins and Kennedy voting in favor. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4330-CDBG Grant Application Kennedy moved Resolution 4330, a resolution authorizing submission of an application to the Montana CDBG Program for the expansion of the Samaritan House Shelter. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. National Flood -Agreement to Purchase Council gave the staff authority to work with Mr. Mendenhall in a process that would ultimately make the City owners of the National Flood Services building. The previous agreements and representations were based upon leases, purchases, needs, and improvements that would: 1030 1030 A. retain National Flood Service in Kalispell; B. allow National Flood Service 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 Areal there has been a change in ownership of National Flood Services and a change in direction of the ownership. Due to this change, further discussion is needed regarding the purchase of the property. A letter was submitted from the new President and CEO, Curtis Lund. The letter explains their goals, time frame, options, and especially their desire to sell the building immediately. The City has held several meetings with Mr. Lund. In Krepps opinion, Lund is sincere about the immediate growth/space needs and that he is considering several sites in Kalispell. Although from a marketing perspective, he could and/or should consider other sites. He is willing to commit to a relocation within the Kalispell City Limits if the City purchases his building as originally planned. Time is extremely important to the company. 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. The City is still and will continue to work with Mr. Mendenhall. Krepps recommended that the City purchase the National Flood Services building. The City will also continue to work with Mr. Lund to consider the "college" property as his new site. He suggested to direct staff to complete the purchase transaction for National Flood Services for a $330,000 purchase price plus verified moving costs not to exceed $30,000. Atkinson moved to approve the agreement to purchase from National Flood. The motion was seconded. There was discussion with Lund and Gallagher answering questions. City Attorney Neier explained the consensus of the following changes to the agreement: 1. Condition the possession of us taking the property upon them purchasing land and obtaining a building permit in the City of Kalispell. 2. Rent Provision -after 8 months from the date we purchase the property, then they shall vacate the property and if they don't they will owe us rent after that date at a rate of $8.00 a square foot and utilities. Kennedy so moved the attorney make his recommended changes. The motion was seconded. There was more discussion. Kennedy moved to change the amendment to remove the building permit issue. The second agreed. Upon vote the amendment carried with Granmo, Haarr and Donahue voting against and Atkinson, Collins, Kennedy, Larson, Nystul and Rauthe voting in favor. There was more discussion and Kennedy called for the question. The amended motion carried with Donahue, Granmo and Haarr voting against and Atkinson, Collins, Kennedy, Larson, Nystul and Rauthe voting in favor. 1031 1031 Central School Lease -Approval of Proposed Agreement Krepps explained the Option to Lease and Lease agreement as follows: The City to have required the $250,000 cash sum to be put into escrow prior to exercising the lease agreement. 1C in the option to lease agreement, the City must agree to invest the sum not to exceed two million five hundred thousand dollars, if Council agrees to the option and when the Historical Society wants to exercise this once they receive the $250,000 and put in the escrow account, Council has made the full commitment at that time for 2.5 million dollars. He wanted to know when Council wants to begin with the Architectural Study and if it is what Council wants to do, prior to actually having the option to lease and actual lease agreement in place. He recommended the option to lease that the Historical Society fulfills the $250,000 escrow account prior to moving on to protect the City. Larson moved the lease format be approved. The motion was seconded. Nystul moved to amend in Exhibit A lease agreement, Topic 10 on page 5 and 6, with the language to the effect that the City will own the policy, the City will cover the building for fire as the City Attorney suggested, with the typical clauses, and that the Historical Society reimburse the City for the premium on the policy. The motion was seconded. There was discussion and the amendment carried unanimously. There was more discussion and Larson moved to amend Section 21 to read, "that in the event the premises or any part thereof is damaged by fire or if for any reason including strikes, failures or utilities or any act of God, if the damage amounts to over 50%, then the City may render the fulfillment of this lease agreement by the City impossible and the Society releases the City and its agents of all demands, claims and causes of actions arising from any of these causes." The motion was seconded. After discussion the amendment failed with a vote with Atkinson, Kennedy, Larson and Rauthe voting in favor and Collins, Granmo, Nystul, Donahue and Haarr voting against. Kennedy moved to amend the lease agreement, page 3, item 2, "term of this lease shall be for 40 years if it is legal and 20 years if it is not as determined by the City Attorney." The motion was seconded. There was more discussion. Kennedy called for the question and the amendment carried unanimously with a vote. Collins moved to remove item 21 and replace it with a covenant for the City to rebuild with any proceeds from insurance. The motion died for lack of a second. There was more discussion. Collins moved to reconsider item 21. The motion was seconded. Kennedy called for the question. The motion to reconsider carried with Collins, Kennedy, Atkinson, Larson and Kennedy voting in favor and Nystul, Haarr, Donahue and Granmo voting against. The vote to amend as Larson moved carried with Atkinson, Collins, Larson, Kennedy and Rauthe voting in favor and Donahue, Haarr, Granmo and Nystul voting against. 1032 1032 Atkinson called for the question. Upon vote the twice amended motion Kennedy, Larson and Rauthe voting Haarr and Nystul voting against. carried with Atkinson, Collins, in favor and Donahue, Granmo, Donahue moved to amend page 2 of the option, near the top of the paragraph to add on the end of paragraph 2 the following wording: "also, in such event the Society shall reimburse the City for the costs expended by the City for architectural fees on the project up to the amount collected by the Society pursuant to paragraph 1, sub paragraph e. above." The motion was seconded. There was discussion. Kennedy, Collins, Atkinson Larson and Rauthe spoke against the amendment. Upon vote the amendment failed with Haarr and Donahue voting in favor and Atkinson, Collins, Granmo, Kennedy, Larson, Nystul and Rauthe voting against. Granmo moved to amend paragraph 1, d., the City will not expend funds unless and until the Society complies with paragraph e. The motion was seconded. Kennedy, Larson, Collins and Rauthe spoke against the amendment. Haarr, Atkinson and Donahue spoke in favor of the amendment. There was discussion and with a vote the amendment carried with Atkinson, Granmo, Donahue, Haarr and Nystul voting in favor and Collins, Kennedy, Larson and Rauthe voting against. The amended motion carried with Donahue and Haarr voting against and Atkinson, Collins, Larson, Granmo, Nystul, Kennedy and Rauthe voting in favor. Award Contract -Central School Renovation for Architectural Services There was consensus to address this issue at the next work session. Resolution 4331-Municipal Court Budget Authority Haarr moved Resolution 4331, a resolution to approve a transfer among appropriations within a general classification of expenditures as adopted by the City of Kalispell budget for 1997 fiscal year. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Public �Safetv-/I-nsurance _—Health Benefits -New Federal Law Larson moved the City of Kalispell provide health care benefits to public safety officers as legislated in Federal Public Law number PL 104-208 and any amendment to the law. The motion died for lack of a second. Resolution 4332-Police Crime Block Grant Budget Authority Haarr moved Resolution 4332, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1996-97 budget adopted by the City Council for the Local Law Enforcement Block Grants Program. The motion was seconded. Kennedy and Larson spoke in favor. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. 1033 1033 Tentative; Center Mall/Equity Agreement Not ready to address at this time. Resolution 4333-Flood Emergency Krepps explained that if and when the City may need to request assistance to be reimbursed from FEMA this resolution is necessary. Allan Marble from the County gave an update on the potential flood situation in the area. Atkinson moved Resolution 4333, a resolution declaring an emergency flood proclamation for the City of Kalispell, Montana. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Krepps reported sandbagging took place recently at the wastewater treatment plant lift station and is dry at this time. FOR YOUR INFORMATION Next Work Session May 12, 1997 7:00 p.m. Next Regular Meeting May 19, 1997 7:00 p.m. Airport Advisory & Authority Meeting to follow regular meeting RFQ Discussion -Airport Master Plan ADJOURN The meeting was adjourned at 10:24 p.m. ATTEST: 6JJ-� L�' a' Debbie Gif o CMC Clerk of C it AMroved 5/19/97 ri Dougl s D. Rauthe, Mayor