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03/01/99 City Council Minutes1409 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 1, 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, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. 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 Atkinson. Larson moved an amendment to the Agenda by striking Agenda Item #13, Appointments to the Airport Advisory Board. The motion was seconded by Atkinson. There was discussion. Larson said the appointments to the Airport Advisory Board have not been discussed, the City hasn't advertised for prospective applicants and the City has not solicited advice from the current members on the Advisory Board. Boharski stated according to Ordinance 1166, the Mayor makes recommendations for board appointments to the Council. He said three individuals have expressed interest in the Advisory Board and he thought it would be appropriate to bring them before the Council at this meeting. Larson said he wasn't aware there were any openings on the board. Boharski commented there aren't any term limits for the Advisory Board so technically there are always openings. He said he sent a letter to three board members Friday, the three members he felt had the least amount of input at the current time. Boharski said the City Airport is such a viable asset to the City, he felt it would be appropriate to get "some fresh blood" on the board. Van Natta stated he also feels the Council should inform the public if there are vacancies on the Board. Atkinson said he's looked into the matter and discovered that two of the members, due to circumstances in their lives, haven't been able to attend the meetings regularly and have agreed to be replaced. He added, however, that the third member to be replaced, Keith Robinson, is one of the older members of the board, has attended almost every meeting and has not expressed an interest in leaving. Atkinson said he also feels the public should be informed and it's inappropriate to move ahead with the appointments at this time. The amendment failed upon roll call vote with Atkinson, Donahue, Larson and Van Natta voting in favor, and Graves, Haarr, Nystul, Scarff and Boharski voting against. The main motion carried upon vote with Atkinson and Larson voting against. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting February 16, 1999 B. Approval of Claims per Payables Register-$290,303.39 Nystul moved approval of the Consent Agenda as presented. The motion was seconded by Van Natta. 1410 There was discussion. Boharski questioned a payment for sewer or water at Central School. Finance Director Amy Robertson stated that instead of billing the Northwest Montana Historical Society for the usage, School District 5 was incorrectly billed. She said the claim is to reimburse the School District's payment. The motion carried unanimously upon vote. HEAR THE PUBLIC Resolution 4448, a Resolution Adopting a Proposed Amendment to the City -County Master Plan (Lincoln Proposal) The following spoke against Resolution 4448: Christina Granrud, 636 Willow Glen Drive John DeNeeve, 670 Concord Lane Marice Johnson, 643 Leisure Drive Nina Wickersham, 759 Greenridge Drive Glen Graham,739 Greenwich Drive The following spoke in favor of Resolution 4448: Craig Witte, 131 Collier Lane Resolution 4449 - Waterford Annexation The following spoke against Resolution 4449: Carol Burtt, 429 Summit Ridge Drive Jerry Gillies, 110 North Haven Drive Laurie Smithwick Han, 435 Summit Ridge Drive The following spoke in favor of Resolution 4449: Dan Eigeman, 111 North Haven Drive Approval - City's Participation in Business Improvement District Bill Goodman, 1275 Lower Valley Road, encouraged the Council to support the Business Improvement District and sign the petition. Jay Billmayer, Billmayer Engineering, 2191 3rd Avenue East, stated he feels the BID would provide no benefit to the business owners. Appointments - Airport Advisory Board Gib Bissell, 76 Stafford, said no term limits were established for the Airport Advisory Board because it was understood an independent Airport Authority would be formed within a year. He said he can understand why the Council would like to replace Jim Lynch and Tom Reynolds, because they haven't been able to attend meetings, but added the Council owes Keith Robinson a valid explanation if he's replaced. Ann Stafford, 501 West Arizona Street, complemented Gary Nystul and the Council for the way the February 16th meeting was handled. CITY SERVICE REQUEST FOR URBAN RENEWAL FUNDS - WESTBROOK SQUARE City Service has requested TIF funds in the amount of $124,923 for on -site and off -site improvements involving its Westbrook project. Historically TIF funds have been used for off -site costs only. The staff has reviewed the list of improvements submitted by City Service and concluded that $33,775 of these improvements will be located on public right-of-way. Haarr moved the Council commit $100,000 of TIF funds from the 1999- 2000 budget to participate in the public improvements, and the storm water control abatement issues at the Westbrook Square as per the commitment made by the Council at the work session October 14, 1998. The motion was seconded by Scarff. There was discussion. Haarr said he respects the opinions of Thelen and Hansz, but feels the Council made a commitment and should keep its word. 1411 Nystul commented that Thelen has identified $33,000 worth of improvements that is permissible at this time, and the balance of what has been spent to date is not permissible at this time. He stated, as a compromise, he would be willing to advise the developer that the Council would give priority to other phases of the project in the amount of up to $66,000 in eligible urban renewal expenditures. Van Natta said his recollection of the meeting was that the Council would support, up to $100,000, work in the public right-of-way. He said because the work in the public right-of-way doesn't add up to that amount, then the Council should only support the $33,775. Atkinson stated the Council has never given money to a project after the fact, or without a Developers Agreement. Atkinson said he also supports the amount of $33,775, even though he feels the money should be saved for the greater infrastructure on Meridian Road. Donahue said it would be bad policy, and even against the law, for the Council to make any promises to anyone without a Developers Agreement. Boharski asked Thelen if it would be a solution for the Council to direct staff to enter into a Developers Agreement, up to a certain amount, and to ensure that the money is for eligible renewal costs. Thelen answered the $33,775 is the amount of money staff has determined is eligible under the law. He cautioned the Council that the City has never spent money on private property. Van Natta moved a substitute motion directing staff to prepare a Developers Agreement for those items that qualify on the public right-of-way to approximate $40,000. The motion was seconded by Graves. The motion carried upon vote with Haarr and Boharski voting against. Nystul moved to reconsider the substitute motion to make an amendment. The motion was seconded by Larson. The motion carried unanimously upon vote. Nystul moved an amendment to the substitute motion by adding "in consideration of statements made by the Council during discussion of the project, that the Council reserve the balance of $100,000 for future, permissible projects presented to the Council for consideration in the normal course of events." The motion was seconded by Larson. The amendment failed upon roll call vote with Haarr! Larson and Nystul voting in favor, and Atkinson, Donahue, Graves, Scarff, Van Natta and Boharski voting against. Substitute motion stands. RESOLUTION 4448 - RESOLUTION ADOPTING A PROPOSED AMENDMENT TO THE CITY -COUNTY MASTER PLAN - LINCOLN PROPOSAL RESOLUTION 444BA - RESOLUTION REJECTING A PROPOSED AMENDMENT TO THE CITY -COUNTY MASTER PLAN - LINCOLN PROPOSAL William Lincoln, the owner of certain property located adjacent to Conrad Drive, has made an application to amend the land use designation for the property from "Open Space" suburban residential, and transitional, to Resort Commercial. The City - County Planning Board recommended denial of the request at its October 10, 1998 meeting. The Flathead County Commissioners, on February 22,1999, approved the request to amend the City -County Master Plan. 1412 Nystul moved to remove from the table consideration of the proposed amendment to the City -County Master Plan. The motion was seconded by Haarr. The motion carried upon vote with Atkinson voting against. Larson moved Resolution 4448A, a resolution rejecting a recommended amendment to the Kalispell City -County Master Plan. The motion was seconded by Atkinson. There was discussion. Van Natta stated several reasons for why he doesn't feel the amendment should be granted, including the impacts to wildlife, wetlands and water quality, along with the real possibility of the road turning into a bypass in a populated area. Larson said he also feels the change will create a defacto bypass and added he's also against the change because he feels it will obligate the City to provide sewer and water, even though there's been discussions it won't. Haarr commented the question is a land use change only and everything else is ancillary. He said by denying the change, what you've done is basically the "taking of a person's property." Atkinson said by rejecting the amendment, he feels the Council is simply living up to the contract with the public called the Master Plan. Nystul stated he's in favor of the resolution adopting the change because there are land use planning issues that the applicant has suggested he would like to do that are appropriate. He added, however, that he hopes the applicant will consider a PUD or Neighborhood Plan to address the concerns of the people on Willow Glen. Donahue said the only issue before the Council is the change to the Master Plan. He stated to protect the area, the Council should allow the proposed change because more residences would have a larger impact than a Resort Commercial designation. Boharski said the Commissioners have voted unanimously for the amendment and he feels the Council should "bow to the request of the Commissioners" and support the change. Donahue stated for the record that an action in favor of the land - use change does not commit the City to extend sewer and water to this property without conformance with the requirements for sewer and water. The motion failed upon roll call vote with Atkinson, Larson, and Van Natta voting in favor, and Donahue, Graves, Haarr, Nystul, Scarff and Boharski voting against. Haarr moved Resolution 4448, a resolution adopting a recommended amendment to the Kalispell City -County Master Plan. The motion was seconded by Donahue. There was no discussion. The motion carried upon roll call vote with Donahue, Graves, Haarr, Nystul, Scarff and Boharski voting in favor, and Atkinson, Larson and Van Natta voting against. RESOLUTION 4449 - WATERFORD ANNEXATION The Waterford of Flathead Valley, LLC, has requested annexation of approximately 23 acres between Summit Ridge Drive and Four Mile 1413 Drive for the purpose of constructing a 292 unit senior housing facility. The Kalispell City -County Planning Board, at its meeting February 9, voted in favor of the proposal and annexation on a 7-1 vote. Nystul moved Resolution 4449, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation The Waterford of Flathead County, Located in the N/W 1/4 of Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (which is more particularly described in "Exhibit A") to be known as The Waterford of Flathead Valley No. 289; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded by Graves. There was discussion. Nystul stated in the past, the word "Addition No." is always included in annexation resolutions and asked if that shouldn't be added. Neier agreed. Atkinson said he feels the project is planned too far away from community and aging services and would put a strain on Eagle Transit. Mark Fisher, Waterford representative, stated the developers plan to provide the majority of transportation and wouldn't need Eagle Transit other than in an emergency. Larson cited concerns that the road from Four Mile Drive to Summit Ridge will become a thoroughfare. Planning Director Tom Jentz said the plans right now are to gate the road, and Council could even require that as a condition. Nystul stated the issue tonight is annexation and specific design issues will come before the Council when the PUD is presented. The motion carried unanimously upon roll call vote. RESOLUTION 4450 - EXTENSION OF SERVICES POLICY The City Council requested a review of the current policy relating to the extension of City utilities to parties outside the City. Public Works Director Jim Hansz and Planning Director Tom Jentz have recommended language changes and an addition to the Extension of Services Policy that will require properties to be contiguous to the City in order to be annexed and receive City utility service. Van Natta moved Resolution 4450, a resolution amending the City of Kalispell Extension of Services Plan, Section IV, 11 4 and 5, by specifying the conditions under which the City shall provide utility services beyond its corporate limits. The motion was seconded by Graves. There was discussion. Donahue moved an amendment to Section I by adding "documents would be in a form that are recordable in the Flathead County Clerk and Recorders Office as an impediment upon the land." Neier stated a formal amendment isn't needed because the change can be made as part of the form. Haarr commented he's against the resolution because the growth of cities depends to a large extent on going outside the adjacent area for development, despite the possibility that an area in between doesn't want annexation. 1414 Nystul agreed that there are going to be instances that developments will occur that would be advantageous for the City to serve, without initial annexation, such as Fairway Boulevard and Riverview Greens. He said the policy change needs some flexibility. Donahue said the City needs the policy or it will lose growth. He stated it's been proven in the past that once sewer and water is provided, most people will fight annexation. Boharski commented the current policy isn't the problem, the Council's actions are the problem. He cited Evergreen and Greenacres as examples and said to solve the issue, the Council has to make sure it makes sensible decisions. Atkinson said what Boharski suggested leaves the City to the whims of the Council. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Larson, Scarff and Van Natta voting in favor, and Haarr, Nystul and Boharski voting against. ORDINANCE 1304 - ORDINANCE ESTABLISHING MUNICIPAL COURT FILING FEES 1ST READING This ordinance will establish fees for the City's Municipal Court at a level between the fees for Justice Court and District Court. Donahue moved the first reading of Ordinance 1304, an ordinance amending Ordinance No. 1166 by establishing civil fees for the Municipal Court and declaring an effective date. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. APPROVAL - CITY MANAGER CONTRACT Chris Kukulski, Jonesville, Michigan, has accepted the position of City Manager. The contract is for a two year term at a salary of $60,000 per year. Fringe benefits include a $400 per month car allowance and a 10o contribution for retirement. Vacation and sick leave are consistent with prior manager contracts. Kukulski has indicated he can be on the job by May 3 at the latest. Haarr moved approval of the Employment Agreement with Chris Kukulski. The motion was seconded by Van Natta. There was discussion. Donahue stated he's concerned with the contract provision that requires the City to give Kukulski 180 days notice in case of termination, and Kukulski only has to give the City 60 days notice if he plans to leave. He said because of that, he will not vote for the contract. Nystul said it's important that the vote for the contract be unanimous. Boharski concurred, saying Kukulski's going to be a fine addition to the City and he should know the Council is united behind him. Haarr stated he was also concerned about that section of the contract but he hopes it never has to be utilized. He said he would also like to see a unanimous vote and urged Donahue to change his mind. The motion carried unanimously upon vote. 1415 APPROVAL - CITY'S PARTICIPATION IN BUSINESS IMPROVEMENT DISTRICT Downtown property owners have requested the City sign a petition for the creation of a Downtown Improvement District. Sixty percent of the property owners are needed before a BID can be created, and at this time, forty percent have signed the petition. City property represents approximately 11.180 of the property in the district. Atkinson moved the Council authorize the Mayor to sign a petition on behalf of the City to participate in the Business Improvement District. The motion was seconded by Larson. There was discussion. Haarr stated he'll support the BID when it comes to the City's share of monies, but he doesn't feel it's the Council's place to determine what is best for downtown business owners and the City has to remain neutral. Nystul agreed, saying unless a greater majority of the business district signs on, it's not the City's position to put the BID "over the top." Donahue said the City has to stay neutral. He said by signing the petition, the City is agreeing to pay its percentage of the total BID cost, and residents outside the district will have to pay. Atkinson said he doesn't live in the BID, but he would be willing to help pay if it creates a more interesting downtown and a "signature" for Kalispell. Van Natta commented he'd like to see the City participate if sixty percent of the business owners are willing to create the district, but he agrees that it's not the City's responsibility to put it "over the top." Nystul said it appears the majority of the Council would like to see additional signatures before adding the City to the petition, and suggested the matter be tabled. Scarff moved to table the matter pending additional signatures or a different method of arriving at the evaluations. The motion was seconded by Donahue. The motion carried unanimously upon roll call vote. APPROVAL - ADDENDUM TO 9-1-1 INTERLOCAL AGREEMENT The City of Whitefish has proposed an Addendum to the 9-1-1 Interlocal Agreement that was approved by Kalispell City Council members on January 19, 1999. County Attorney Jonathan Smith has recommended approval of the addendum, which will eliminate the Section on Cost Distribution and part of the Indemnity Section. Smith feels this will clarify some ambivalent language in the agreement. Graves moved approval of the addendum to the 9-1-1 Interlocal Agreement. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. DISCUSSION - ETHICS REVIEW REQUEST On January 4, 1999, the City Council received a request to create an Ethics Review Board under Section 2-2-144 of the Montana Code Annotated. Nystul moved the City Council, after considering 2-2-144, MCA, concluded the Ethics Review Board as provided therein is not needed or necessary. The motion was seconded by Haarr. Mwe There was discussion. Nystul said he agrees with a comment made by Thelen stating the Council is the group that should monitor each other, not a separate board. Donahue said the statutes relate to specific issues, and the creation of a separate review committee to investigate whatever it wants is "ridiculous." The motion carried unanimously upon vote. DISCUSSION - LEGISLATIVE BILLS Thelen informed the Council that House Bill 91 will be heard Thursday, March 4th, at 3:00 p.m. and asked Council members if they would like to have someone from the City present. He said the Building Inspector has expressed an interest in attending and if the Council wishes, he could go also. Boharski questioned whether the expenditure of money to attend the hearing is necessary because the room will be packed and any statements will be limited to about two minutes of testimony. Nystul moved the City Manager be authorized and directed to represent the City as he best sees fit in relation to the hearing on House Bill 91. The motion was seconded by Atkinson. The motion carried upon vote with Haarr abstaining. There was discussion on House Bills 273 and 509. APPOINTMENTS - AIRPORT ADVISORY BOARD Boharski recommended Mike Larkin be appointed to replace Keith Robinson on the Airport Advisory Board. Larson said two of the members have expressed an interest in being replaced, but Robinson has not. He asked the Mayor if he would reconsider and replace the two members that are willing, but leave Robinson on the board. Atkinson stated there are no term limits and asked what gives the Mayor the right to determine those limits. He said the matter should be discussed at a work session and maybe term limits should be set. Boharski said under Ordinance 1166, the Mayor has the authority to appoint members to advisory boards with the consent of the Council. Boharski agreed to recommend Larkin be appointed to the board to replace Jim Lynch. Haarr moved to appoint Mike Larkin to the Airport Advisory Board to replace Jim Lynch. The motion was seconded by Larson. There was discussion. Atkinson said he's still concerned the City hasn't solicited applicants. The motion carried unanimously upon vote. Boharski recommended that Mike Manion be appointed to the board to replace Tom Reynolds. Van Natta moved to appoint Mike Manion to the Airport Advisory Board, replacing Tom Reynolds. The motion was seconded by Nystul. There was discussion. 1 1417 Donahue commented he doesn't feel anyone should be placed on the board that doesn't live within the City limits. Neier explained Resolution 4313, creating the Airport Advisory Board, states four members must own real property within the City limits and three members must own real property within the City's Master Plan jurisdictional area. The motion carried upon vote with Donahue voting against. COUNCIL COMMENTS/INFORMATION/QUESTIONS Nystul inquired as to whether the contract has been signed for Phase II of the Airport Master Plan study. Thelen said the City has done what it needs to do and is waiting to see the contract. Donahue suggested the City Manager bring a recommendation to the Council setting term limits on the Airport Advisory Board. He suggested four years on a rotating basis. Atkinson said he feels the Council needs to make some decisions concerning the Highway 93 South project and requested the issue be placed on the March 22 work session. ADJOURN The meeting was adjourned at 10:50 p.m. IWm.E .5ohar5i(I . Wm. E. Boharski Mayor ATTEST: Theresa White Clerk of Council approved March 15, 1999