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02/01/99 City Council Minutes1396 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, FEBRUARY 1, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. COUNCIL MEMBER NORBERT DONAHUE WAS ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the agenda as presented. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting January 19, 1999 B. Approval of Claims per Payables Register-$311,723.60 Atkinson moved approval of the Consent Agenda as presented. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Marshall Noice, 647 6th Street East, said the Downtown Business Association would like to continue the dialog on changes for the downtown area and stated he would have more specific ideas at the next work session. Ann Stafford, West Arizona Street, welcomed Al Thelen to Kalispell and suggested the Council listen to Thelen regarding a new City Manager. She said Thelen is very experienced and asked the Council to hire someone unknown to all members. Richard Salsbury, Spokane, representing Rosauers Supermarkets, Inc., asked the Council approve Agenda Item #4 concerning the zone change for the Daley Field lot purchased by Rosauers. He said he is disappointed to have to appear before the Council because at the time of the Rosauers' purchase, it was indicated the property was already zoned B-2 and asked the Council to fulfill that agreement. Art Thompson, Airport Advisory Board Member, said the Board's only concern about the zone change for Rosauers is that it doesn't affect FAA requirements. ORDINANCE 1302 - ZONE CHANGE - JANAE MOORE, et al. - 1ST READING Janae Moore, et al., has made an application to change the zoning classification of Lots 7 through 12, Block 233, Kalispell 4th Addition, from RA-1 to RA-3. The change would essentially convert the affected lots from a duplex classification to a duplex/professional classification. Larson moved first reading of Ordinance 1302, 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 as Lots 7-12, Block 233, Kalispell 4th Addition, Section 7, Township 28 North, Range 21 West, P.M.M, Flathead County (previously zoned RA-1, Low Density Residential Apartment) to RA-3 (Residential Apartment/Office), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Nystul. There was discussion. 1397 Van Natta said he's concerned about changing the character of a neighborhood that's designated for single family homes. Haarr said he also wonders whether the zone change is a good idea. He said he received a phone call from a resident who's concerned the zone change will "creep" to other areas. Haarr stated he feels there's a good possibility of that happening and asked if the Council wants to preserve the residential character or intersperse the area with offices and other uses allowed under RA-3. Nystul said he agrees to some degree, but said across the street to the west is a B-2 zone, and the RA-3 designation is a more logical transition than RA-1. He added the zone change is relatively minor and allowing commercial use in that area may conserve the existing buildings. Steve Kountz, FRDO, said this type of zone change encourages community growth by providing additional small business development opportunities near the center of the City of Kalispell. He said it also provides for a closer connection and better transition between the arterial business districts and the neighborhoods beyond them, and improves transportation efficiency by development clustering. Atkinson commented he's in favor of the change stating it's a fairly low impact way of expanding the business district within the City and providing for the possibility of a resident having his office close to where he lives. Boharski said he has mixed emotions, however as long as the City can limit the types of offices in the area, the mixed uses are appropriate. The motion carried upon roll call vote with Atkinson, Graves, Larson, Nystul, Scarff, and Boharski voting in favor, and Haarr and Van Natta voting against. ORDINANCE 1303 - ZONE CHANGE - CITY OF KALISPELL & RSI LLC - P-1 TO B-2 - 1ST READING When the City of Kalispell subdivided Daley Field into three lots, all but about 80 feet of the area was re -zoned from P-1 to B-2 to accommodate commercial operations. Lot 2 of Daley Field, which was sold to Rosauers, encompassed the 80 feet referred to. The City sold the property on the basis of the B-2 classification which was referred to in the offering documents. Haarr moved first reading of Ordinance 1303, 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 as Lots 1, 2 and 3, Daley Field Subdivision, Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County (Previously Zoned P-1, Public) to B-2 (General Business), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Graves. There was discussion. Larson asked if the zone change would jeopardize FAA financing. Neier answered Rosauers has indicated the building would be located no closer than 270 feet from the existing runway centerline, and no higher than 20 feet, so no matter what the property is zoned, it's not going to affect the Object Free Areas. He added even if the runway is adjusted, it would be to the west, not the east, putting the runway centerline even farther away. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. • RESOLUTION 4446 - TAX INCREMENT POLICY - AMENDS RESOLUTION 3922 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. At the last meeting, Council discussed the disposition of funds repaid pursuant to loan agreements, and the Policy has been altered designating that the funds repaid after the expiration of the District shall be returned to the respective taxing jurisdictions. Scarff moved Resolution 4446, a resolution adopting an application process and procedure for review for tax increment assistance authorized by Ordinance 933 on redevelopment projects in the City of Kalispell. The motion was seconded by Graves. There was discussion. Boharski said the City has to comply with State Law when Tax Increment ends, and asked if the added language in the resolution could put the City in a difficult position down the road. Thelen said there's a lot to be said about keeping as much flexibility in this type of area as possible. He said you always have to adhere to law, but getting so specific tends to "tie the Council's hands." Thelen added, however, the Council can always amend the resolution later. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. LINCOLN MASTER PLAN AMENDMENT UPDATE Neier explained the Daily Interlake reported that the Flathead Board of County Commissioners (BOCC)had approved the Master Plan Amendment requested by Bill Lincoln in the area of Conrad Drive and Anderson Lane. After asking for a copy of the Resolution, it was discovered the BOCC passed a resolution of intention, not a final resolution. Neier stated the Council, on January 4, decided to table final action on the request until the Commissioners complete their process. He asked Council members if that is still their wish. Van Natta recommended leaving the matter tabled until the Commissioners take final action. Haarr said the reason the Commissioners passed a resolution of intent is because they feel the change shouldn't occur unless there is a consideration for sewer and water service to be available to the property. He said the Commissioners are not opposed to the change, but feel the City should "take the lead" because the Council has the authority to grant or deny the sewer and water service. Haarr urged the Council to place the matter on the next agenda and make a decision. Van Natta said the resolution makes no mention of water and sewer service. Nystul stated the property is in the County and the Commissioners should make the decision. He said this is a land -use planning decision, not an extension of services or utility extension agreement. Larson said he agrees, but if the County's decision hinges on whether the City will agree to water and sewer service, then the Council needs to decide that issue first. Neier commented the extension of services to that area is a matter of zoning and it's premature to even be talking about the sewer and water when the issue is a Master Plan change. 399 Boharski said Bill Lincoln is expecting an answer on his1 application and suggested that Neier draft a resolution to be considered at the next council meeting on February 16. Nystul stated the City's resolution has to coincide exactly with that of the County's, and to be certain of the wording, the Council should wait until the Commissioners take the final step. The Council agreed to act on the amendment request at the first regularly scheduled City Council meeting following the Commissioners final decision. APPROVAL OF PHASE I - KALISPELL CITY AIRPORT MASTER PLAN STUDY At a work session on January 27, the Council received the Phase I Feasibility Study for the Kalispell City Airport. Before Phase II can begin, approval needs to be received from the Council. Larson moved the Council authorize the Mayor to accept the Phase I Feasibility Study and continue with Phase II. The motion was seconded by Nystul. There was discussion. Boharski said a letter received from Michael Ferguson, the Administrator of the Montana Aeronautics Division, expressed concern that the FAA is requiring a 34:1 approach slope rather than the standard 20:1 approach slope for a utility runway. Boharski asked if that should be addressed by the Council. Zoning Administrator P.J. Sorenson said after researching the issue, he determined that the 34:1 approach slope is actually suggested as the "ultimate" approach surface, but is not required. The motion carried unanimously upon vote. AUTHORITY TO ADVERTISE FOR BID - RIM DRIVE HEATING SYSTEM - WWTP Public Works Director Jim Hansz explained there's a problem with the collection sweeps in the primary clarifiers at the Wastewater Treatment Plant. He said the sweeps, which facilitate the movement of sludge to the center of the clarifiers for re -cycling, utilize a wheel system which travels on the rim of the clarifiers. Hansz said during cold weather, icing on the rim impedes the wheel movement and the sludge simply falls to the bottom of the clarifiers, resulting in a plant "up -set." He said he feels the problem could be remedied by the installation of a boiler to heat and circulate a glycol solution through an industrial hose imbedded in the rim which is estimated to cost about $30,000.00. Scarff moved to authorize the Public Works Director to advertise for a Rim Drive Heating System. The motion was seconded by Graves. There was discussion. Boharski asked if the money for the heating system was in the budget, or if a budget amendment is required. Hansz stated money has been found in the current budget to complete the project. The motion carried unanimously upon vote. CONFIRMATION OF JACK FALLON - MEMBER AT LARGE FOR CITY -COUNTY PLANNING BOARD Boharski explained that Jack Fallon has expressed an interest in serving as a member at large on the City -County Planning Board and the Board has recommended the Council approve his appointment. Van Natta said he's not in favor of the appointment because Fallon has been a "thorn in the side of the City" over the past several years. In addition, he said Fallon is a member of the Evergreen Water and Sewer Board which could be perceived as a conflict of interest. 1400 Van Natta moved to deny the appointment. The motion was seconded by Graves. Larson said he will vote against the confirmation because he feels Fallon would be "less than objective" about decisions where the City is concerned. Atkinson said he also opposes Fallon, specifically because of Fallon's involvement in "scuttling" the City's attempt to annex Evergreen, even though Fallon and others initially agreed to the annexation. Haarr commented the member at large doesn't necessarily represent the City or the County. He said Fallon's position on the Evergreen Water and Sewer Board keeps him well informed about the different issues facing the area and added he'd rather have someone like Fallon with experience and knowledge then someone that has to be trained. Boharski agreed, stating Fallon is very intelligent and it would be "a positive" having somebody from the Evergreen area on the Planning Board. The motion to reject carried upon roll call vote with Atkinson, Graves, Larson, Nystul and Van Natta voting in favor, and Haarr, Scarff and Boharski voting against. UPDATE - CITY MANAGER SELECTION Thelen informed the Council that three of the Council's original top candidates are still interested in the job. He said prior to conducting any interviews, the Council has to agree on certain criteria. Thelen said he ,feels certain benefits are important such as a car allowance, moving expenses, membership to a professional organization along with any fringe benefits the other City employees receive. He suggested the Council invite all three candidates, along with their spouses, and show Kalispell "its best face." Thelen said that includes a tour of the area and a reception similar to the one held before. Graves asked if there was a standard length of contract for a City Manager. Thelen answered a contract is as long as the Council wants them to be here. He said the severance pay is designed to give a Manager some time to move if the Council decides they don't want that person. Thelen said normally the contracts are not for a given term, but there does need to be some give and take, such as the Manager giving the Council at least 60 days notice if he or she plans to leave. Boharski commented the Council brought in three candidates last time and wondered if it wouldn't work better to bring in one at a time this go around. Thelen said he feels all three should be invited but it's the Council's decision. He added, however, that by bringing the candidates in one at a time, it lengthens the process considerably and the chance of losing one to another job is greater. Scarff stated it was his understanding that the Council already decided to bring in one candidate at a time. He said the Council has been through the other process and it didn't work. Atkinson said he hasn't determined who the top candidate is and he feels there would always be a lingering question as to the other candidates if the Council hires the first one they see. He said he wouldn't feel comfortable hiring one of the candidates without seeing the other two. Van Natta agreed, stating he wants to see all of the candidates before he decides. Graves said he also would like to meet all of the candidates and J 4 0 1 it costs a few extra dollars, then so be it. Graves moved the Council invite all three candidates. The motion was seconded by Van Natta. The motion carried upon vote with Scarff voting against and Nystul abstaining. COUNCIL COMMENTS/INFORMATION/QUESTIONS Scarff asked if it would be possible to meet with the County Commissioners concerning the Lincoln Master Plan Amendment request. He said it looks like the issue is at a stalemate right now. Thelen said he felt Commissioner Williams was thinking of having a work session after the decision on the master plan has been made. Boharski suggested checking with the Commissioners to see if they want to act alone or have a joint meeting. Haarr commented that apparently the testing site at Highway 93 and Highway 2 has registered enough particulate to require a fuel additive starting in October. Larson said it's not particulate matter, it's carbon monoxide. He explained there's been a task force that has been meeting for over a year that's determined that oxygenated fuel is the only cure for the problem, however, there hasn't been a date set yet for implementation. Larson said he and Hansz have been working on the situation and will give a presentation to the Council in the future. Atkinson asked Boharski the status of legislation to change the tax increment financing procedures so that tax increment dollars could be used outside the tax increment district. Boharski said legislation has been drafted to give cities the ability to use tax increment funds for extension of services. He said he's been interested in it because of discussions by the Council concerning funding for the Highway 93 South project. Atkinson said he's concerned the change would affect citizens who are "paying the bill" in the tax increment districts and not receiving any of the benefits. Boharski said the idea is to limit the use to capital expenditures and infrastructure and that a tighter time frame be established. Larson commented that he has the same concerns as Atkinson. He said if the money is going to be used to "supplement the budget," then the City will find less cooperation from the taxing jurisdictions. Boharski said he was looking at the legislation as an advantage, especially with the passage of CI-75, which will make it difficult to annex areas and extend utilities. He added the City of Kalispell hasn't taken a formal position on the issue. ADJOURN The meeting was adjourned at 9:10 p.m. ATTEST: Theresa White Clerk of Council WM.F-.50harSRi w Wm. E. Boharski Mayor approved February 16, 1999