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02/16/99 City Council Minutes1402 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, FEBRUARY 16, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT GARY NYSTUL PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. MAYOR WILLIAM E. BOHARSKI WAS ABSENT. President Nystul called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the agenda as presented with the addition of Council discussion on House Bill 91. The motion was seconded by Scarff. . There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting February 1, 1999 B. Approval of Claims per Payables Register-$390,105.76 Atkinson moved approval of the Consent Agenda as presented. The motion was seconded by Graves. There was discussion. Haarr inquired about a claim to Remax Land & Lake in the amount of $5,600.00. Susan Moyer, PECDD, explained several months ago the Council approved the payment of real estate commissions for selling homes in Teton Terrace and Woodland Court. She said the funding comes out of program income that has previously been earned on other grant activities. The motion carried unanimously upon vote. HEAR THE PUBLIC Ann Stafford, West Arizona Street, said the group she represents has requested an Ethics Review Board be established and wonders why the issue has never been placed on the agenda. Stafford also asked by what authority Mayor Boharski has to ask for legislation that would change how the City could use tax increment monies. Kari Finley, 445 Addison Square, the President of the Flathead Landlord Association, asked the Council to stay out of the real estate business and reject Hampstead Partners' loan request for Big Sky Manor. POLICE CONFIRMATIONS - OFFICERS SEAN McRAE AND JAMES WARDENSKY Police Chief Frank Garner has requested the Council's recognition that Police Officers Sean McRae and James Wardensky have successfully completed their one year probationary periods effective February 19, 1999. Donahue moved the permanent appointment of James Wardensky to the Kalispell Police Department. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. Donahue moved the permanent appointment of Sean McRae to the Kalispell Police Department. The motion was seconded by Graves. 1403 There was no discussion. The motion carried unanimously upon vote. ORDINANCE 1302 - ZONE CHANGE - JANAE MOORE, et al. - 2ND 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 second 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 Scarff. There was discussion. Van Natta stated he spoke against the ordinance at its first reading and he said he's still concerned about changing the character of a neighborhood that's designated for single family homes. Donahue said this is a classic case of spot zoning which amounts to creating little islands of varying zoning throughout the City. Haarr agreed, saying it's been a residential neighborhood that "has served us well" and he feels if one part of the block is changed, it can spread throughout the area. Nystul noted he views the RA-3 as Larson said he's been convinced by to vote against the motion. transitional. what's been said and has decided The motion failed upon roll call vote with Atkinson, Scarff, and Nystul voting in favor, and Donahue, Graves, Haarr, Larson and Van Natta voting against. ORDINANCE 1303 - ZONE CHANGE - CITY OF KALISPELL & RSI LLC - P-1 TO B-2 - 2ND 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 second 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 no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Nystul voting in favor. 1404 RESOLUTION 4447 - POLICY FOR THE USE OF FUNDS IN THE WEST SIDE URBAN RENEWAL DISTRICT Thelen explained that City Service, at an October work session, asked the City for help with infrastructure improvements and the Council has directed the Staff to create a policy for the use of funds in the West Side Urban Renewal District. He stated the policy before the Council emphasizes the need for infrastructure in this district because a lot of the blight in that area has been identified as being directly related to the lack of infrastructure. Thelen said he would like the Council to adopt the policy, and then give the Staff some direction as to what should be in the Developers Agreement as it relates to the City Service development. Scarf moved Resolution 4447, a resolution designating a policy regarding the use of funds generated from the West Side Urban Renewal District. The motion was seconded by Graves. There was discussion. Atkinson asked if the plan is to designate $47,000 to the infrastructure of the City Service development. Thelen said that's actually a separate issue from the resolution and would be handled in a Developers Agreement following direction from Council. He added however, the policy does recognize the City's commitment to City Service. Atkinson stated there may have been a consensus to help City Service but there's never been an actual vote. He said he's concerned about the approach the Council is taking relative to promises, which he feels leaves out the Staff and the public. Atkinson asked Council members that if any of them are dealing with developers privately, to "stop it." Donahue said despite whether his points are well taken, he doesn't think Atkinson's concerns are germaine to the issue at hand. He said the resolution designates a basic policy on how the urban renewal money will be allocated and not how specific projects are listed. Donahue moved an amendment to the motion by adding the word "primarily" to Section I and having it read: "Tax funds generated under the West Side Urban Renewal Plan will be used primarily for the construction of public infrastructure improvements..." Donahue moved Section II should read "Requests received by the City staff for financial assistance within the West Side Urban Renewal Plan area shall be reviewed by the staff and placed upon a City Council Agenda for consideration at which time the Council will accept, reject or modify the proposal" and in Section III, Donahue moved it should read "The City may endeavor to sell tax increment bonds for major projects, designated -by the Council, within the West Side Urban Renewal Plan, whenever said projects are deemed feasible and requiring more money that the City has on hand. The motion was seconded by Larson. There was discussion. Atkinson stated he can see the City needing all of the tax increment money possible to complete Meridian Road and other projects planned, and he's concerned with "siphoning" some of that money off at this time. He said because of that, he will vote against the addition of the "primarily" in Section I. Van Natta said he approves of the Council having a choice of the projects, but added he would like to see a plan developed that outlines the upcoming projects so the Council can determine whether it has a "snowballs' chance" of meeting the needs of the infrastructure improvements. 1 1 1 1405 Larson commented he will vote in favor of the amendments because he feels the Council should have some discretionary use of the funds to keep the District viable and growing. The amendments carried upon vote with Atkinson voting against. The main motion as amended carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarf f, Van Natta and Nystul voting in favor. Nystul, in response to Atkinson's earlier comments, stated there were indications made by Council that the City would assist City Service in its Westbrook project and he feels it's been badly handled from the beginning. Haarr said he would like the $47,000 figure reviewed because he remembers the Council also discussing demolition and storm water control at the October work session. He said his recollection is that it would take approximately $100,000 to address the storm drain and infrastructure improvements. BIG SKY MANOR/HAMPSTEAD PARTNERS - LOAN REQUEST Hampstead Partners has requested a loan of $124,000 to aid them in their acquisition and upgrade of Big Sky Manor located at 110 2nd Avenue West. This is one of eight projects included in a package put together by the Montana Board of Housing. Thelen said Council discussed the use of UDAG monies in place of Tax Increment funds and after reviewing the issue, the Staff has determined that because Big Sky Manor benefits low to moderate income residents, the use of UDAG funds would make the most sense Scarff said the Council discussed at the work session that if something went wrong with the project down the road, the City probably wouldn't be able to recover any of the loan. Moyer answered to ensure the City recaptures its money, the City would have to do the same thing it's done in the past on simple housing mortgages by buying out the tiers above it. Atkinson said he's in favor of the loan because he'd like to see the elderly be able to stay in this building. He said the Landlord Association has asked the Council to deny the loan, but he feels it would be advantageous to support it. Atkinson commented that by leaving Big Sky Manor for the low income, it keeps an additional 60 units out of competition with the other landlords. Donahue stated he's pleased the Council is considering using UDAG money rather than TIF funds and the City should do whatever it can to help maintain Big Sky Manor. Atkinson moved the Council authorize a UDAG loan of $124,000 at five percent over twenty years to Hampstead Partners and Northwest Human Resources for the acquisition and renovation of Big Sky Manor if the project proceeds. The motion was seconded by Van Natta. Moyer commented that she would like a deed restriction included that states Big Sky Manor must be rented to the low income elderly. The motion carried unanimously upon vote. CONRAD MANSION - FUNDING REQUEST FOR FIRE CONTROL SPRINKLING SYSTEM The President of the Conrad Mansion Directors, Louis Bibler, is asking the City to pay one half of the cost of installing a fire sprinkling system at the Conrad Mansion. The system is estimated to cost between thirty and forty thousand dollars. Donahue, a member of the Conrad Mansion Board of Directors, said the Conrad Mansion has become a viable part of the community and if 1406 it catches fire, it's gone. He said the Board would like to install a sprinkler system as soon as possible, without disrupting the tourist season. Donahue stated if the Board waits until the City approves the budget in July, it's "going to cut in seriously" into the time the Conrad Mansion has to produce income this year. He asked the Council to assure the Board that half of the cost of the sprinkler system will be included in the FY2000 budget and said by doing so, the Board can get started on the installation now. Larson moved the Council commit up to one-half of the cost of a sprinkler system for Conrad Mansion, not to exceed $20,000, to be funded out of the FY2000 budget. The motion was seconded by Haarr. There was discussion. Atkinson asked if the sprinklers would detract from the looks. Donahue said the engineer has said the heads will be camouflaged as much as possible. He said obviously some of the beauty will have to be "violated" to save the whole building. Atkinson commented the Council could be tying its hands by budgeting the money now, but added because it's $20,000 in a very large budget, he thinks the Council should do it. The motion carried unanimously upon vote. APPOINTMENTS TO 9-1-1 ADMINISTRATIVE BOARD The 9-1-1 Interlocal Agreement specifies the appointment of one Elected Official to the Administrative Board and two Public Safety Officials, one primary member and an alternate. Graves moved the appointment of Fire Chief Ted Waggener as the primary Public Safety Official, Police Chief Frank Garner as the alternate and Council Member Ron Van Natta as the Elected Official on the 9-1-1 Administrative Board. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon vote. APPOINTMENT TO CITY -COUNTY PLANNING BOARD- MEMBER AT LARGE At the last meeting, the Council rejected the confirmation of Jack Fallon as the 9th member of the City -County Planning Board. The Planning Board has now requested approval of either Mike Fraser or Richard Kuhl as the member at large. The member selected must be approved by both the City Council and the County Commissioners. Atkinson moved the Council recommend the appointment of Richard Kuhl as the member at large on the City -County Planning Board. The motion was seconded by Larson. There was discussion. Atkinson said both applicants were endorsed by the City -County Planning Board and the only reason he recommended Kuhl is because Mike Fraser works for Thomas, Dean & Hoskins which the City conducts business with at times. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Nystul voting in favor. HOUSE BILL 91 Nystul explained that House Bill 91, introduced by B. Simons of Yellowstone County, would stop cities like Kalispell from issuing building permits and conducting inspections in the four and a half 1407 mile area outside the City limits until an election is held to determine if the residents of the affected area approve of the City providing this service. Nystul stated if the City wishes to take a position on this bill, then direction needs to be given to Thelen to prepare a letter. Thelen said the reason the City started inspecting homes outside the City limits was to ensure that the property annexed met City Codes. He said the State provides inspections for four-plexes and above, but if the City doesn't inspect the rest, nobody will. Thelen stated an interesting question is raised. He said if the City isn't going to have some degree of enforcement of Codes in those outlying areas, will the City want to extend services? Building Official Craig Kerzman said the Building Codes are adopted by the State of Montana, Department of Commerce, Building Codes Division. He said they are updated approximately every three years and are enforced by the Kalispell Building Department. Kerzman said all construction within the jurisdictional boundaries of the Building Department is treated the same as far as enforcement of the Building Codes. He said if the bill is passed, the long term impacts would mean that the City could annex buildings that would not have been inspected and could become a liability. Kerzman asked the Council to take a position opposing House Bill 91 and let the Building Department continue this service to the public. Nystul commented the news last night reported that the Flathead Valley is located in an earthquake zone and as infrequently as the State inspectors visit the area, how can they inspect the amount of reinforcing iron that is in a foundation if they are not there before the foundation is poured. Atkinson commented "this is really a no brainer." He said the Council has an obligation to help the citizens by assuring them that they are not buying substandard construction. Atkinson moved the Council authorize the City Manager to write, and the Mayor to sign, a letter to the Legislators recommending they vote against House Bill 91. The motion was seconded by Larson. Donahue suggested the letter should also be sent to the Governor. Atkinson accepted the suggestion as a friendly amendment. Thelen said he would also send a copy to the Montana League of Cities and Towns. The motion carried unanimously upon vote. COUNCIL CObMNTS/INFORMATION/QUESTIONS Thelen informed the Council that one of the City Manager Candidates, Michael McCurdy, has accepted a job elsewhere and will not be part of the interview process. Donahue commented the Municipal Court system was established over a year ago and an ordinance establishing the civil fees still has not been adopted. He said he'd like to see the Council direct the City Attorney to draft an ordinance as soon as possible. Council concurred. Haarr inquired as to the status of the Jerry Begg issue. Thelen explained Neier and Hansz had a meeting with Begg and his attorney last week and information is still being exchanged. • Atkinson stated the Council has been criticized for not having an Airport Authority meeting for several months and asked why there hasn't been one scheduled. Thelen said he hasn't caught up with the issue since he's been here, but he is looking into it and will bring something to the Council as soon as possible. Larson said the Council is also being criticized for not establishing an Ethics Review Committee and asked Neier his opinion. Neier stated he has researched the issue and there is no State law requiring the establishment of an Ethics Committee. He said the issue is discretionary on the part of the Council. Thelen said he wouldn't suggest setting up an outside committee. He said the Council is responsible for the conduct of Council members and to appoint an outside board is "asking for trouble." Van Natta commented he's not in favor of it but maybe the Council should place the item on the agenda and settle the issue once and for all. ADJOURN The meeting was adjourned at 9:10 p.m. L M.F-.BOhar*i - I Wm. E. Boharski Mayor ATTEST: Theresa White Clerk of Council 1 approved March 1,1999