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.
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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.
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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.
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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
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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.
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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.
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ORDINANCE 1305 - ZONING TEXT AMENDMENT - MICHAEL HANCHETT - 2ND
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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.
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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