01/19/99 City Council Minutes1390
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. TUESDAY, JANUARY 19, 1999, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED.
COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE
HAARR, DUANE LARSON, DOUG SCARFF, RON VAN NATTA AND CITY
ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. COUNCIL
MEMBER GARY NYSTUL WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the agenda with the Approval of Pledged
Securities added to the Consent Agenda, and the deletion of one of
the items under #11, the City Manager Selection. The motion was
seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote. -
CONSENT
A.
AGENDA
Council
APPROVAL
Minutes -Regular Meeting
January 4, 1999
B.
Approval
of Claims per Payables
Register-$200,933.95
C. Pledged Securities December 31, 1998
van Natta moved approval of the Consent Agenda as presented. The
motion was seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUSLIC
Roxanne Brothers, 786 4th Avenue West North, stated she would like
to see the formation of a three -member panel to review citizen
complaints as provided in MCA 2-2-144.
Ann Stafford, Arizona Street, criticized Haarr for making false
statements on the radio and calling her a "hostile person" and the
group she represents "sick people." She said since the Council has
refused to organize an ethics review committee, her group will set
up a watchdog ethics review board to monitor what the Council is
doing.
Rose Barrons, 541 West Colorado Street, said she doesn't like the
"bickering" at City Council meetings and Council members are a
"disgrace to the citizens who elected them." She said whoever is
hired as the City Manager is "doomed from day one, as he must work
with a totally divided Council."
Delores Swanberg, Past President of the Northwest Montana
Historical Society, thanked the Council for the 40-year lease with
the Central School Museum. She said the Museum is something
Kalispell and the entire Flathead Valley can be proud of.
RESOLUTION 4444 - AWARD BID - LOT 4 - TETON TER ACR
At a bid opening on December 23, 1998, Pacific Homes and Land, Inc.
was the successful bidder to build a duplex on Lot 4 in Teton
Terrace.
Atkinson moved Resolution 4444, a resolution authorizing the Acting
City Manager, Finance Director and Clerk of Council to execute the
documents necessary to transfer Lot 4, Teton Terrace, Records of
Flathead County, located in the NEIA, of Section 12, T28N, R22W,
P.M.M., Flathead County, Montana to Pacific Homes and Land, Inc.
The motion was seconded by Graves.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in
f avor. .
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RE30L•L1'1_'ION 4445 -AWARD BID - LOTS 19 & 22 - WOODLAND COURT
Pacific Homes and Land, Inc., at the same bid opening, was also the
successful bidder for two single-family lots in Woodland Court.
Larson moved Resolution 4445, a resolution authorizing the City
Manager, Finance Director and Clerk of Council to execute the
documents necessary to transfer Lots 19 and 22, Plat of Woodland
Court, located in the SE'A of SE'h, Section 17, T28N, R21W, P.M.M.,
Flathead County, Montana to Pacific Homes and Land, Inc. The
motion was seconded by Atkinson.
There was discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, van Natta and Boharski voting in
f avor. .
RESOLUTION 4446 - AMENDING RESOLUTION 3922 - TAX INCREMEN'P POLICY
In 1990, the City Council adopted a Tax Increment Policy Manual
setting forth the basis of review for projects which could qualify
for tax increment funding. Susan Moyer, PECDD, has stated recent
requests for loans from the TIP have necessitated a review and
refinement of the previously existing policy. The document
supplants the policy adopted in 1990.
Graves moved Resolution 4446,
process and procedure for
authorized by ordinance 933
of Kalispell. The motion was
There was discussion.
a resolution adopting an application
review for tax increment assistance
on redevelopment projects in the City
seconded by Scarff.
Donahue said he doesn't object to the resolution or what it's trying
to accomplish, but it needs to include a system of how the money
will be handled when the money is paid back to the City. He
proposed that action on the resolution be postponed until the next
meeting. Donahue said in the meantime, Neier and Moyer can develop
a plan that shows not only where the money goes, but also provides
for the final disposition of funds at the end of an Urban Renewal
District authority.
Donahue moved the matter be tabled until the City Attorney can
include the above stated information in the resolution. The motion
was seconded by Haarr.
Neier stated right now the money is placed into the Tax Increment
Fund. He said once the Tax Increment District is terminated,
either by statute or action of the Council, all the monies
remaining in the fund must be distributed to all other taxing
jurisdictions according to law.
The motion carried unanimously upon vote.
ORDINANCE 1299 - AMERICAN LAND & DEVELOPMENTINC-ZONING OF R-2 -
2ND READING
At the last meeting, the City Council annexed certain real property
owned by American Land & Development, Inc. located east of Willow
Glen Drive at Kelly Road. The property is currently zoned One
Family Residential (R-3) under the Flathead County Zoning
Regulations. In order to conform to the Kalispell Zoning Ordinance,
the property needs an attached City zone of Residential (R-2) which
provides for single-family dwellings and a minimum lot size of at
least 9600 square feet.
Haarr moved second reading of Ordinance 1299, 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 in Exhibit A (previously zoned County R-3, One Family
Residential), to City R-2, 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.
Scarff said he'll vote in favor of the resolution but believes
anytime an area is annexed, it should be contiguous to the City.
aarr said it isn't always possible to annex contiguous property and
t gives the City an opportunity to "backfill." He said if the
ouncil is looking at expanding the Wastewater Treatment Plant,
then the City should provide for more people and those people
should be within the City limits.
Boharski stated that over a year ago, the Council decided to zone
and annex this area and then extended services. He said he feels
the current Council is in a "difficult position not to go forward
with the completion of the project."
Donahue commented he's been on the Council for over three years and
he has no recollection of this coming before the Council in the
past. He said it must have been "someone else in the City that
gave him that assurance." Donahue said this type of annexation
actually "impedes" the growth of a City because the people in
between get the benefits of sewer and water without ever having to
annex.
Atkinson said in the past, the Council has annexed "islands" to the
City and it didn't create a lot of goodwill. He said it's a poor
way to approach the annexation process.
Van Natta said the matter before
annexation. -He said the Council,
to extend services to this area
finish the process.
the Council is the zoning, not the
somewhere along the line, agreed
and he feels the Council needs to
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Scarff, Van Natta and Boharski voting in favor, and
Atkinson voting against.
ORDINANCE 1100 SPECIAL STREET MAINTENANCE AnjllsTMENT - 2ND
RE_AnIN[:
Ordinance 1300 adjusts the Special Street Maintenance District
Ordinance to allow for a reduction of assessments for individuals
when the assessment is larger than the benefit they derive from the
service.
Scarff moved second reading of Ordinance 1300, an ordinance
amending Ordinance No. 1035 by providing a method for adjusting
Special Street Maintenance Assessments, and providing an effective
date. The motion was seconded by Graves.
There was discussion.
Donahue moved an amendment by changing the last line in Section I
to read: by inserting the word "adjusted," between "special" and
"charges," and then adding at the end, "and the period for which
they shall apply." The motion was seconded by Haarr.
Donahue said the adjustments will vary from case to case and the
amendment will clarify the intent.
The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon roll call vote
with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van -Natta
and Boharski voting in favor.
nRnTNANCE 1101 - UNIFORM BUI nTNr CODE, ET AT 2Nn gEAnTNr.
The Montana Department of Commerce, Building Codes Division, has
adopted various uniform codes applicable to buildings within the
State of Montana. The City of Kalispell, if it wants to retain its
building enforcement system, must adopt those same codes.
Larson moved second reading of Ordinance 1301, an ordinance to
adopt, by reference, the "Uniform Building Code," 1997 Edition; the
"Uniform Mechanical Code" (ICBO version), 1997 Edition; the "Uniform
Plumbing Code," 1997 Edition; the "Council of American Building
Officials, One & Two Family Dwelling Code," 1995 Edition; .-The
"Uniform Code for Abatement of Dangerous Buildings," 1997 Edition;
the "Uniform Housing Code," 1997 Edition; and the "Model Energy
Code," 1993 Edition; as the Building Codes of the City of
Kalispell, and applicable to the jurisdictional area thereof;
subject to the amendments made, adopted and approved by the
Building Codes Division, Department of Commerce, State of Montana;
to provide a penalty for the violation of any lawful order issued
pursuant thereto; and establishing an effective date. The motion
was seconded by Atkinson.
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There was discussion.
Van Natta asked if the fees are any different from what we have
now.
Neier said Staff didn't want to raise any of the fees and that's why
there's reference to the 1988 Edition of the Codes.
The motion carried unanimously upon roll call vote with Atkinson,
Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Boharski
voting in favor.
kl"HORITY TO ADVERTISE FOR PROPOSALS FOR SALE OF LOTS 1 AND 3 -
DALEY FIELD
Neier explained the City has received several inquiries on the
remaining lots at Daley Field and selling the property will provide
funds which could be used for projects such as the Highway 93
construction and airport improvements. He said he would like
Council's permission to prepare advertising documents for Lots 1 and
3 of Daley Field.
Atkinson moved the Council authorize the City Attorney to prepare
documents to advertise for sale Lots 1 and 3 of Daley Field. The
motion was seconded by Van Natta.
There was discussion.
Haarr said the Council has been notorious for spending money about
as quickly as it appears and he's afraid if the lots are sold now,
the money won't get it's best use. Haarr added the land isn't going
anywhere and he'd like to see a review of the property value before
making any decision at this time.
Neier said the Staff isn't going to advertise without Council's
approval but he would like to get started on the paperwork.
Scarff said he agrees with Haarr and added he would like to look
into the possibility of splitting Lot 3 into two parcels:
Neier said the problem with splitting that lot is access. He said
the only access to that south parcel is off Kelly Road and there
are restrictive covenants and.cross easements involved.
Donahue said he doesn't agree with past comments that leasing the
property could create problems to the City. He said his main
concern with selling the property is the effect it would have on
the airport. Donahue said there are still too many unanswered
questions and "nobody in their right mind will bid on it unless
they know what kind of building they can build and how close they
can build it to the present airport."
Van Natta said he will vote against the motion, not because he
believes that leasing is the right thing to do, but because he also
has some questions as to the effects on the airport. He added,
however, the Council shouldn't wait too long in making a decision.
Boharski agreed, stating the Highway 93 South project is going to
cost a minimum of 2.4 million dollars and if the Council waits too
long, a construction season will be lost. He said a five million
dollar building generates one hundred thousand dollars a year in
property taxes and if it's the will of the Council to clarify
certain things he would like to see it done quickly.
Larson said the City has received a lot of professional advice that
leasing isn't the answer and you "need to strike while the iron is
hot." He said just because the City has offers now, doesn't mean
there will be offers in the future.
Haarr said he doesn't want to hold it off indefinitely, but more
research needs to be done and the property's value needs to be
established.
Atkinson said after hearing the discussion, he doesn't want Neier
and Moyer to waste their time preparing a document that has "little
chance of being utilized."
Atkinson withdrew the motion.
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ADOPTION OF 9-7-1 INTE LOC r. AGREEMENT
Deputy County Attorney Jonathan Smith has re -drafted the Interlocal
Agreement including all of the recommendations made by the Council.
Van Natta moved to authorize the Mayor to sign the 9-1-1 Interlocal
Agreement. The motion was seconded by Haarr.
There was discussion.
Van Natta commended the jurisdictions involved.
Boharski commented the funding for the program -is from an
assessment of twenty five cents that has been placed on phone bills
for approximately three years.
The motion carried unanimously upon vote.
CONTR_AZT APPROVAT• - INTERIM CITY MANAGER - AT_. THEL.EN
Thelen has agreed to serve as interim manager for approximately
ninety days for a payment of six thousand dollars per month, an
automobile and round trip air fare once a month.
Larson moved the Mayor enter into an agreement with -Al Thelen for
the stated term in the contract. The motion was seconded by
Graves.
There was discussion.
Larson questioned the wording in the contract that states "until
such time a permanent City.Manager can be selected and available to
the City." He said what would happen if the Council wanted to
terminate Thelen's services prior to a manager being hired.
Neier stated the agreement is exactly like the last one the Council
entered into with Thelen, and he doesn't feel there would be any
obligation to retain him after the ninety days.
The motion carried unanimously upon vote.
COUNCIL romm iTS-IINFnTION/QUESTIONS
Neier informed the Council that Tim Orthmeyer will be at a Work
Session January 27 at 7:00 p.m. to answer any questions the Council
may have on the Master Plan Study for the airport.
Haarr stated that several communities are contracting to supply
utilities within their community and it's been recommended that it's
an opportunity to provide utilities at a good price to residents
and asked Neier to look into the program.
Donahue said at the last City -County
that the governmental users, such as
County and the three Cities, should
organization.
Joint Meeting it was suggested
the School District, Flathead
get together and form their own
Atkinson said at the last meeting it was mentioned that of the top
eleven City Manager candidates three were still interested. He
said it was suggested that Chris Kukulski be interviewed and if the
Council liked him, to hire him. Atkinson said according to a
letter from Kukulski, he's had conversations with Haarr and
Boharski, which Atkinson said he wasn't aware of until it was
suggested Kukulski be interviewed first. He asked Haarr and
Boharski what the conversations with Kukulski involved.
Boharski replied he received a phone call from Kukulski asking if
the position was still open. He said as far as he knows .the
references are still being checked and he's not aware of any
decision to interview Kukulski first.
Haarr said Kukulski had called the Chamber of Commerce asking for
some names of business people and a list of Council members and the
Chamber suggested he call him since he's both.
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Atkinson said Haarr has always advocated leasing the balance of the
property at Daley Field. He commented that Haarr mentioned that
the bank he works at has a client that wants to lease Daley Field
and asked whether that's a conflict of interest for him to
participate in any further discussion or votes.
Haarr answered the man he mentioned was just inquiring as to what
opportunities there were for financing and was told his request.for
financing exceeds the limits of the bank. He added he isn't a
customer of his and wouldn't be.
AnJougN
The meeting was adjourned at 8:37 p.m.
ATTEST: --
Theresa white
Clerk of Council
Approved February 1, 1999
WMI-BaharS I ..
Wm. E. Boharski, Mayor