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04/19/99 City Council Minutes1431 A REGULAR. MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 19, 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, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND INTERIM CITY MANAGER AL THELEN WERE PRESENT. COUNCIL MEMBERS NORBERT DONAHUE AND GARY NYSTUL WERE ABSENT. Mayor Boharski 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 a proclamation for National Credit Education Week under the Consent Agenda. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting April 5, 1999 B. Approval of Claims per Payables Register-$102,120.54 C. Authorizations to Bid - 1st Ave. E. & 3rd St. E. Traffic Signal - Sewer Improvements in the Downtown Urban Renewal District - Sidewalk Replacement Project in the Downtown Urban Renewal District - 5th Ave. W.N. Water Improvement Project - 9th St. Storm Drain Improvement Project - Lift Station #4 Replacement - Liberty Street - WWTP Emergency Power System Modifications - Sidewalk & Curb Replacement for Year Ending June 30, 2000 D. Pledged Securities - March 31, 1999 E. Proclamations - Workers Memorial Day (April 28, 1999) - Arbor Day (April 30, 1999) - National Credit Education Week (April 18-24) Van Natta moved approval of the Consent Agenda as presented. The motion was seconded by Haarr. There was discussion. Atkinson questioned whether this is the right time for the traffic light at 1st Ave. E. and 3rd St. E. because the Downtown Business Association is looking at different alternatives for that area. 1 1432 Thelen said many people have been waiting a long time for that signal and even if the circulation plan shows a change for the area, a traffic light will be needed regardless. The motion carried unanimously upon vote. HEAR THE PUBLIC Bill Wright, Street Tree Commission member, presented Mayor Boharski with the Tree City USA's Growth Award for 1998. PUBLIC HEARING - WATERFORD PLANNED UNIT DEVELOPMENT Boharski opened the public hearing. Proponents Mark Fisher, Waterford representative Opponents Lori Smithwick-Hann, 435 Summit Ridge Drive There was discussion. Atkinson said an ordinance on the PUD wasn't included on the agenda and asked whether the Council should be making a decision on the issue this evening. Thelen explained the ordinance wasn't included because of three major issues: an increase of 14 units to the project; a change in the stormwater drainage plan and a dispute over hook-up fees. He said the ordinance was pulled pending direction from the Council. Fisher said the increase in the number of units was a mistake and the plan still calls for the original 295 units. He said as far as stormwater drainage, the developers and engineers are trying to determine which plan will be the best solution for the area. Jay Billmayer, Billmayer Engineering, said the stormwater plans as they stand now should be viewed as preliminary. He said before the plan is implemented state and federal regulations have to be met before any permits will be issued. Neier agreed, stating he doesn't see any major problems in working with the developers on the stormwater plan. He said right now, the most pressing issue is the connection fees. Neier explained the City's connection fee schedule for sewer and water, which includes a connection for each structure, would be over $300,000 for this project and Waterford is proposing fees in the amount of approximately $80,000. Van Natta moved the City collect the standard connection fees as provided by resolution. The motion was seconded by Atkinson. There was discussion. Billmayer said the development requires a water boost pump creating a second upper service zone specifically for this project. He said because of the required booster facility, Waterford is proposing they only be charged for a single master meter. In addition, Billmayer said the development has private fire protection lines and the City's regulations state the City will adopt a separate fee structure for private lines, even though he couldn't find one. He said the City is asking Waterford to pay for fire protection lines as if they were metered and to pay for multiple lines even though it's one single -service connection. Billmayer said Waterford is proposing one connection point for water and one connection point for sewer. Thelen commented it's the City's contention that each building that hooks to the City has an individual tap. He said it was Waterford's choice to build on this site, which in turn required the water boost pump. He said to ask the City to help pay for that is a break in the integrity of our rate system. 1 1 1433 Haarr said he understands the staff's viewpoint, but to require a meter for each building is a waste of meters and stifles a project that is extremely important to senior citizens and the City. Thelen said he feels the City "gives in too much." He said if the developer doesn't pay the fee, especially for the sewage, then it has to come from everybody else in the City. Boharski said he's concerned that the City is trying to punish the developers just because the buildings are spaced ten feet apart. He said the project won't impact the City's system any differently than it would if all the buildings were all connected. Atkinson commented the developers have a convincing argument, but for the citizens and the future of Kalispell, he has to vote in favor of the motion. He said if the developers don't pay the fees, the burden will be placed on the citizens of Kalispell. Van Natta clarified his motion by stating the City shall assess a fee for service to each of the buildings, in addition to the main building. The second concurred. The motion failed upon roll call vote with Atkinson, Larson and Van Natta voting in favor, and Graves, Haarr, Scarff and Boharski voting against. Van Natta moved to table the issue until staff can develop an appropriate fee schedule. The motion was seconded by Atkinson. The motion failed upon vote. Scarff moved to move forward with what is set forth in the current regulations which would be a water tap fee of $25,313 and a sewer fee of $54,736 for a total of $80,049. The motion was seconded by Haarr. There was no discussion. The motion carried upon roll call vote with Graves, Haarr, Larson, Scarff and Boharski voting in favor, and Atkinson and Van Natta voting against. Boharski and Larson expressed concern that Summit Ridge Drive wouldn't be open to any traffic other than for emergency vehicles. Neier said the PUD agreement limits access to emergency vehicle and public vehicles, such as City -owned vehicles. He said it's not intended to be a public access. Haarr moved to direct staff to prepare an ordinance for the PUD Agreement pursuant to the items agreed upon this evening and bring it to the next Council meeting for action. The motion was seconded by Scarff. The motion carried upon vote with Atkinson voting against. PUBLIC HEARING - BUDGET AMENDMENTS A. Universal Police Grant Boharski opened the public hearing. Proponents None Opponents None Boharski closed the public hearing. B. West Side Urban Renewal Area Boharski opened the public hearing. 1434 Proponents None Opponents None Boharski closed the public hearing. C. Highway Traffic Study Boharski opened the public hearing. Proponents , None Opponents None Boharski closed the public hearing. D. Big Sky Manor Boharski opened the public hearing. Proponents Doug Rauthe, Executive Director of Northwest Montana Human Resources Chris Foster, Hampstead Partners Opponents None Boharski closed the public hearing. RESOLUTION 4462 - UNIVERSAL POLICE GRANT This resolution will permit the City to move this grant program in the amount of $79, 990 for two "COPS" officers to a special fund rather than the general fund. Scarff moved Resolution 4462, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council for the Universal Police Grant Program. The motion was seconded by Haarr. There was no discussion. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4463 - WEST SIDE URBAN RENEWAL AREA This resolution will allow the Council to spend $90,000 from the West Side Urban Renewal fund for the Westbrook project. Larson moved Resolution 4463, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council for the purpose of appropriating funds received in the West Side Urban Renewal District. The motion was seconded by Haarr. There was no discussion. The motion carried upon roll call vote with Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson voting against. RESOLUTION 4464 - HIGHWAY TRAFFIC STUDY This resolution will allow the City to use a $10,500 grant for a traffic safety trailer for the Police Department. Haarr moved Resolution 4464, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in 1435 the 1998-99 Budget adopted by the City Council for the Highway Traffic Safety Grant. The motion was seconded by Graves. There was no discussion. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4465 - BIG SKY MANOR This resolution will provide budget authority to use UDAG funds for the loan to the Big Sky Manor developer, Hampstead Partners. Van Natta moved Resolution 4465, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council for the UDAG Loan Program Income. The motion was seconded by Larson. There was discussion. Haarr questioned whether the property will be taken off the tax rolls. Boharski said he understands recent legislation will take it off the tax rolls but there are still two steps left in the process. He said a public hearing has to be held and the loan document still has to go before the Council prior to final approval. Haarr said he doesn't understand what the City is gaining if it goes off the tax rolls. He said the loan will only benefit Hampstead Partners, a for -profit company, and won't benefit the taxpayers. Larson said he feels the City needs to do everything it can to maintain the lower rents whether Hampstead Partners makes a large profit or not. Rauthe explained the agreement states Hampstead Partners will preserve the lower rents for a period of fifteen years, after which the property reverts to the ownership of Montana Human Resources. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4466 - ESTABLISH FEES FOR ENGINEERING DATA SUPPLIED TO THE PUBLIC This resolution would authorize a fee schedule for distribution of survey data developed by the Public Works Department. The City Surveyor has suggested a fee of $25.00 per section for topographic base mapping or other related information utilizing base mapping, and $150.00 for topographic base mapping covering the entire City. Scarff moved Resolution 4466, a resolution to establish a fee schedule for electronic copies of engineering data supplied to the public from the Public Works Department. The motion was seconded by Larson. There was no discussion. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4467 - ESTABLISH TERMS FOR AIRPORT ADVISORY BOARD MEMBERS Since the Airport Advisory Board was created in 1995, Board members have been appointed by the Mayor with the consent of the City Council, and have only been replaced when a member resigns. This resolution establishes terms of three years and places each current member in a one, two or three year term effective April 1, 1999. 1436 Haarr moved Resolution 4467, a resolution of the City Council to exercise all powers granted under the "Airport Authorities Act" (Title 67, Chapter 11, Montana Code Annotated) for the purpose of operating, maintaining and expanding the Kalispell City Airport, continuing the Airport Advisory Board, and establishing terms for said Board. The motion was seconded by Scarff. There was discussion. Haarr moved the words "in or own real property" be deleted from Section II, Subsection b, so that the language would read "four members who reside within the City limits of Kalispell". Thelen said the language was already changed to include "reside", and if the Council eliminates the part "or own real property" it may eliminate a couple of the current members. Scarff suggested adding a sentence stating the requirement would only affect subsequent appointees. Haarr agreed to add the suggestion to the amendment. The motion was seconded by Scarff. The amendment carried upon vote with Atkinson and Larson voting against. The main motion as amended carried upon roll call vote with Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson voting against. RESOLUTION 4468 - EXEMPT EMPLOYEES This resolution will add positions to the list of exemptions under the Fair Labor Standards Act. The positions which would be added to the exempt status are: Assistant City Attorney; Assistant City Engineer; Design Technician/Project Manager; Public Works Superintendent; Surveyor; Wastewater Treatment Plant Manager; Building Official; Housing Division Manager; Planning & Redevelopment Division Manager; Zoning Administrator; Assistant Finance Director and Personnel Specialist. Graves moved Resolution 4468, a resolution amending Section 20-5, Personnel Policies Handbook, by classifying additional employees as exempt under the Fair Labor Standards Act. The motion was seconded by Haarr. There was discussion. Thelen explained the FLSA has a form which looks at five individual requirements, and to be exempt, an employee must meet at least two of them. He said more than half of the employees added to the exempt status met all five requirements. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. RESOLUTION 4469 - CHANGE ORDER - CONTRACT SUPPLEMENT #6 - MERIDIAN ROAD PROJECT Robert Peccia and Associates has submitted a request for a contract supplement which includes $41,347 for extra work and $339,014.30 for acquisition of right-of-way on the Meridian Road Project. Atkinson moved Resolution 4469, a resolution to alter and amend the contract with Robert Peccia and Associates on the North Meridian Road Reconstruction Project, STPU 6701(6). The motion was seconded by Scarff. There was no discussion. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. 1437 ORDINANCE 1305 - ZONING TEXT AMENDMENT - MICHAEL HANCHETT - 2ND 1 1 READING This zoning text amendment will include single-family residences, duplexes and multi -family residences as a permitted use in the B-4 Central Business District. Scarff moved second reading of Ordinance 1305, an ordinance amending Sections 27.16.020 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by allowing single-family residences, duplexes and multi -family residences as a permitted use in the B-4, Central Business District, and declaring an effective date. The motion was seconded by Graves. There was discussion. Scarff asked whether the words "permitted use" should be replaced with "conditional use" to allow the Council more control. Narda Wilson, FRDO, said there wouldn't be any benefit in going through the conditional use process. Haarr said the City needs to maintain the integrity of the B-4 zone and by making the zoning text amendment a conditional use, the Council can decide whether future development is in the best interest of the area. Wilson said she feels market trends will dictate the type of use, whether commercial or residential, and would suggest not putting it in the conditional use category. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1306 - ZONING TEXT AMENDMENT - DELORIS PARTNERSHIP GROUP 2ND READING This zoning text amendment will allow mini-storage/recreational vehicle storage as a conditionally permitted use in the B-2 General Business District. Van Natta moved second reading of Ordinance 1306, an ordinance amending Section 27.14.030 and enacting a new Section 27.35.090 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by including "Mini-Storage/Recreational Vehicle Storage" as a conditionally permitted use in the B-2, General Business District, establishing performance standards, and declaring an effective date. The motion was seconded by Larson. There was discussion. Scarff suggested adding fossil fuel engines to paragraph (f) in Exhibit A. Council concurred without objection. Haarr suggested adding "the offering for sale, or sale thereof, of any item" to paragraph (g) in Exhibit A, and adding at the end of that paragraph "as allowed by law". Council concurred without objection. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1307 - ZONING TEXT AMENDMENT - LANG CREEK BREWERY - 2ND READING This zoning text amendment will allow "micro breweries/brew-pubs" in connection with a restaurant or tavern as a permitted use in the B-3 Community Business District. 1438 Haarr moved second reading of Ordinance 1307, an ordinance amending Sections 27.15.020 and 27.37 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by including "micro breweries and/or brew pubs in connection with a restaurant or tavern" as a permitted use in the B-3, Community Business District, defining same, and declaring an effective date. The motion was seconded by Larson. There was no discussion. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. ORDINANCE 1308 - SALARY SCHEDULE - 1ST READING The City has not adopted a salary ordinance for 1999 salaries due to the negotiations with the Police and Fire Associations. This ordinance includes current salaries as well as those that will be effective on July 1, 1999 for the two public safety departments and the AFSCME rates that will be put in place July 1, 1999. It also includes a 5% increase to the salary ranges. Atkinson moved first reading of Ordinance 1308, an ordinance amending Ordinance No. 1293, fixing the limits of the salary and compensation of the City Officials, Supervisors, and Employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the dates indicated herein, and repealing all other ordinances in conflict therewith. The motion was seconded by Van Natta. There was discussion. Haarr commented he'll vote for the ordinance, but said salaries at the City have gone up fifty percent in eight years and he urged the Council to consider that when reviewing the budget proposal. The motion carried upon roll cal vote with Atkinson, Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in favor. POLICE COMMISSION APPOINTMENT Boharski explained Jim Vidal's appointment to the Police Commission expires in May, 1999 and he has expressed interest in serving again. He recommended the Council reappoint Vidal for another three-year term. Haarr moved James Vidal be re -appointed to the Police Commission. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon vote. COUNCIL COMMENTS/INFORMATION/QUESTIONS None ADJOURN The meeting was adjourned at 10:40 p.m. wm.E .50b4l . Wm. E. Boharski Mayor ATTEST: Theresa White Clerk of Council approved May 3, 1999