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08/18/97 City Council Minutes1062 1062 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 18, 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 Haarr moved to approve the agenda. The motion was seconded. Krepps requested the removal of Item E. and the addition under the Consent Agenda, Review and Approval of City Attorney Neier as recommended by the committee. Donahue requested the addition of Item 10 to discuss the City's duties and obligations as related to the City/County Health Department. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes - Regular Meeting August 4, 1997 B. Approval of Claims per Payables Register $153,168.62 C. Airport Advisory Board Appointment D. Bid Award -North Wells -Pump House and Telemetry E. Bid Award Digester Cleaning F. Adjustment of Evergreen Sewer Rates Collins moved to approve the consent agenda. The motion was seconded. Rauthe announced the recommendation of Tom Weaver as the Airport Advisory Board appointment. Rauthe also announced the City Attorney Review Committee brought forward a recommendation of a 2.5% increase retroactive to January 1, 1997. Public Works Director Hansz reported the bid for the North Wells - Pump House and Telemetry Bid was $170,000 over the estimate. He found funding in another area of the budget to cover the added expense. The low bid was Ross Construction in the amount of $449,750. The other two bids were from Swank Construction in the amount of $457,000. and Diamond Plumbing and -Heating for $516,221. Nystul abstained from Item F., Evergreen Sewer Rates, due to a conflict of interest. Upon vote the motion carried with Nystul abstaining. HEARING THE PUBLIC KDC Site David Thornquist, 132 Troutbeck Rise, Lakeside, Woods and Water Realty, spoke in favor of the KDC site proposal. He introduced developers David Irwin and Mark Davis and their architect Gary Bernardo. Gordon Pirrie, 420 Lake Hills Lane, spoke in favor. Lee Berger, 208 Riverside Drive, also spoke in favor. 1063 1063 Petition fnr Aaai S an _ With Re-Zo�_-Regue,&L_R--4__to T-2 Katrina Kiger, 496 9th Avenue East North, spoke in favor of Agenda Item 4 and requested assistance from the City. Claire Anderson, 484 8th Avenue East North, also spoke in favor and requested assistance. Sharon Copeland, 560 9th Avenue East North, also agreed. Parking Ticket John Harper, Parking Commission Director, reported on a recent parking ticket issued, where the violator wiped the chalk off of the tire, which resulted in another violation of obstructing justice. He wanted the public to realize it is easier to just pay parking violations. PUBLIC HEARING The Immanuel Lutheran Home has requested a refunding/refinancing of the Series 1987 Bonds to enable them to begin construction of additional improvements. The City must sponsor this type of bonding but has no liability for it and does not count against the City's bonding capability or rating. At the regular meeting on July 21 the City Council approved Resolution 4347 granting preliminary approval of this process and calling for a public hearing on the issue. This is the continuation of the bonding process. Since this will enable an improvement and expansion to be completed without a financial commitment from the City, Krepps recommended approval of this request. proponents Keith Gendro, Executive Director Immanuel Lutheran Home Opponents None Rauthe closed the public hearing. Resolution 4199 -Ref i nanc-e/Loan Aareement 9nonsnrshi p for Tmmanupl L u h ran Hom Atkinson moved Resolution 4359, a resolution relating to a project and refinancing on behalf of Immanuel Lutheran Corporation of Kalispell, Montana and the issuance of revenue bonds to finance the costs thereof under Montana Code annotated, Title 90, Chapter 5, Part 1, as amended; ratifying preliminary approval thereof. 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. Petition for Assistance With R - nninq Re ieat-R-4 to I-2 Correspondence was received from Katrina Kiger and the neighborhood that will be impacted by a zoning request by McElroy & Wilken, Inc. The FRDO staff recommended against approval of the Findings of Fact. A Public Hearing was held on June loth by Planning and Zoning. At that meeting, the Planning Board and Zoning Commission denied the request on a 5-1-1 vote. The one abstention was by Jean Johnson who represents McElroy & Wilken. On July 15th, the County Commissioners held a hearing. Apparently, despite the staff and Planning and Zoning's negative recommendation, the Commissioners wanted to approve the request. They then continued the issue for 45 days to enable McElroy & Wilken to illustrate the mitigation plan for the area. The City has received several calls and inquiries about this item. Although the City has no direct authority to review this request, 1064 1064 a change in the zoning and use of this land will impact the City's citizens. Krepps felt the request does not comply with the Master Plan adopted by the City and County (Item #1 of Statutory Criteria), and the approval will devalue the existing homes in the neighborhood (Item 10 of Statutory Criteria). Although the City may not have formal authority for this review, he believed there is a need to assist the City's citizens in resisting this change of zoning. Krepps recommended a formal letter from the City Council stating opposition to the change be sent to the Commissioners immediately. Haarr moved Council instruct the City Manager to write a letter, signed by the Council members, expressing our strong opposition of this zone change adjacent to our City property and based on the substantial support from all the adjacent landowners that are next to it, we emphasize that this should be taken under very careful consideration before the zone change be considered or granted. The motion was seconded. Kennedy abstained from discussion and vote. Upon vote the motion carried with Kennedy abstaining. Kalispell Downtown rAntgr Rguest-Trwin Recniest A memorandum was received from David Irwin, the developer interested in the KDC site. This is the group that has been in discussion with the development staff and City Manager over the past few months. This is a very general outline of the proposal to purchase and develop the downtown site. The City staff did not initiate the City lease portion of the proposal nor encourage this approach.. Without knowing the development proposal, economic and actual improvements, the City has not been able to analyze the value, pay backs, strengths or shortcomings of the proposed project. Although the KDC Board reviewed the proposal this morning, the City will not be ready to make any recommendations at this meeting. As an opportunity to work with a development team for improvements for this site, Krepps recommended the City formally receive the offer to purchase the property, direct the staff to analyze the proposal, negotiate with the developer, and allow staff sufficient time to respond with a full review of the proposal. He suggested no later than the September 15th Council Meeting for review and possible approval of the offer. David Irwin, a Redmond, Washington developer, gave a presentation of the proposed project. There was lengthy discussion and questions answered. Kennedy moved to give direction to staff to analyze this proposal as presented and negotiate with the developer and come back with a recommendation to the Council no later than September 15th. The motion was seconded. With a vote the motion carried. Parking Commission R _auest A letter was received from the Parking Commission Director requesting a loan from the City to purchase a $13,448.69 four-wheel drive vehicle for their operations. The possibility of the Intercap Loan Fund for this purchase has been discussed. Krepps felt the City should directly loan the Parking Commission the funds for this purchase. He suggested that they should consider a buy down of the loan amount rather than borrowing the entire amount for five years. 1 Ll 1 1065 This would reduce the total cost of this vehicle. He also suggested a term not to exceed three years would be more desirable. The City would loan the money to the Parking Commission from the Solid waste Funds. There was discussion. Collins moved to authorize the approval of the loan from the Solid Waste Funds at the current investment rate subject to change semi- annually with payments subject to change also for a term of three years. The motion was seconded. The motion carried unanimously with a vote. Kerr Re G Mrs. Judy Kerr of 1672 Stag Lane requested permission to connect to the City's sewer system. The Staffs position has been no approvals of service outside the City until an agreement for annexation is obtained. It appears that the Green Acres annexation is a long term situation and will not happen in the near future. (The eight lots that had problems last year were allowed to connect to the sewer line at their own expense and payment of the sewer connection fee.) In this case, Lot 85, has a sewer main right behind their house that is approximately 3 feet deep. To connect to this line the homeowner will need to install a lift pump to enable them to use the sewer. There is no need for City improvements or expense. To continue to comply with the philosophy of not providing services unless the property annexes, Krepps recommended disapproval of this request. Atkinson moved to disapprove the Kerr request for City sewer. The motion was seconded. Haarr, Larson, Donahue, Rauthe and Kennedy spoke against the motion. There was discussion. The motion failed with Atkinson voting in favor and Haarr, Donahue, Nystul, Larson, Kennedy, Graves, Collins and Rauthe voting against. There was more discussion. Nystul moved to grant permission to 1672 Stag Lane to connect to the City of Kalispell sanitary sewer service contingent upon them executing and recording the proper petition for annexation, a proper consent to withdraw from a rural fire district and evidence of having a water meter, all to be assumed at their expense. The motion was seconded. The motion carried upon vote with Collins, Donahue, Haarr, Kennedy, Nystul, Larson, Graves and Rauthe voting in favor and Atkinson voting against. Resolution 4160-19 7 Budget T anG a The State requires that no governmental funds show deficits. This is a resolution that will correct the transfer of appropriations within the budget. Kennedy moved Resolution 4360, 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. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. 1066 1066 R G lu ion 4161-FEMA D_Gignation of -Applicant's Rernu_G In the City's continuing work with FEMA and attempts to recover some of the unexpected costs related to flood response preparation and/or actual damages, the City has completed the first phase of paperwork. To continue the process, the Council needs to designate the agents for signing future applications and assurances. This resolution will designate Clarence Krepps or Jim Hansz as the official for these projects. Hansz has been working directly with the officials and will be most familiar with the issues. Larson moved Resolution 4361, a resolution designating an agent for the City of Kalispell for the purpose of applying for financial assistance under the Disaster Relief Act. 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. City/County Health Department Donahue was concerned about the County Commissioners requesting an audit. He felt since it is a joint department it was not appropriate. Larson, Board member gave an update on the Department. FOR YOUR INFORMATION Next Regular Meeting September 2, 1997 7:00 p.m. Work Session Central School Plans September 8, 1997 7:00 p.m. Donahue noted he would not be attending the September 2nd meeting. Transportation Meeting Krepps reminded everyone of the Transportation meeting at 6 p.m. August 19th at Fender's, no host dinner. Central_ School Krepps asked if Council would like to meet on September 8th to review the Central School plans. It was agreed. League Meetina He also reminded Council of the League meeting in Helena in October. FAA Meeting September 19, 1997 9:00 a.m. ADJOURN The meeting was adjourned at 10:04 p.m. Doug166 D. Rauthe, Mayor ATTEST: bj&�lco, Debbie Gi fo CMC Clerk of n it 7�pperwed 9/2/97