09/07/99 City Council Minutes1508
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. TUESDAY, SEPTEMBER 7, 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 CITY MANAGER CHRIS KUKULSKI WERE
PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda with Consent Agenda Item #3
being moved to Agenda Item #9. The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes -Regular Meeting August 16, 1999
2. Approval of Claims per Payables Register-$842,845.54
3. Award Bid - Woodland Park D.R.E.A.M. Trail Phase III (Moved to
Agenda Item #9)
Atkinson moved approval of the Consent Agenda. The motion was
seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Fred. Hammel, 505 7th Avenue West, spoke against the proposal to
move the Fairgrounds out of the City. He said a commercial
development in that location will cause even more traffic problems,
and until a bypass is built, the Fairgrounds should stay where it
is.
POLICE OFFICER CONFIRMATION
Officer Chad Zimmerman has successfully completed his one-year
probationary period as a Patrolman for the Kalispell Police
Department and Council confirmation is required.
Police Chief Frank Garner commended Zimmerman on his performance
the past year and recommended confirmation.
Officer Zimmerman spoke a little about himself and said he has
enjoyed working for a police department of such high caliber.
Larson moved approval of the confirmation of Police Officer Chad
Zimmerman. The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon vote.
RESOLUTION 4504 - A RESOLUTION TO PURCHASE THE THOMPSON/ P INGREE
TRUST PROPERTIES LOCATED ON LOTS 3, 4, 5, 6, 7, 8 AND 9 OF BLOCK 76
OF KALISPELL ORIGINAL TOWNSITE
The purchase price of $265,000 would be taken from Downtown Urban
Renewal District funds.
Atkinson moved Resolution 4504, a resolution relating to the
acquisition of Lots 3, 4, 5, 6, 7, 8 and 9 (excepting therefrom the
southerly 5 feet of Lot 9), Block 76, Kalispell Original Townsite,
from Debra A. Thompson and Susan M. Thompson as trustees of the
David E. Thompson Revocable Trust and Hugh Pingree as trustee of
the Hugh R. Pingree, Jr. Revocable Living Trust, establishing a
fair market value, and identifying the interest to be acquired.
The motion was seconded by Graves.
There was discussion.
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Donahue questioned Section III which basically reads the lease
shall be assigned to the "David E. Thompson Revocable Trust" prior
to closing. Donahue said he feels the paragraph should state the
lease shall be assigned to the City of Kalispell prior to closing.
Donahue moved the Agreement to Sell and Purchase be amended to read
"the lease between Michael G. Thompson and Flathead Valley Alano
Club, dated February 1, 1998, for 4 years which shall expire on
February 1, 2002, and which shall be assigned to the Buyer prior to
closing." The motion was seconded by Atkinson.
Nystul made a point of order stating the amendment is to the
purchase agreement and not to the motion on the floor which is
Resolution 4504.
Neier commented the wording of the paragraph is essentially
correct, even though the City of Kalispell should be added as
receiving the lease from the David E. Thompson Trust following the
closing of the sale. He said the change is more "form than
substance".
Donahue withdrew his motion. The second concurred.
The motion carried unanimously upon roll call vote.
RESOLUTION 4505 - A_RESOLUTION AMENDING THE ORIGINAL INDUSTRIAL
DEVELOPMENT REVENUE NOTE FOR THE KALISPELL CENTER LIMITED
PARTNERSHIP PROJECT
The original note was issued on December 17, 1984, to finance the
acquisition of land and the construction for the Kalispell Center
Mall. The primary purpose of the refinancing is to lower the
interest rate on the outstanding amount of the note which is
$7,027,917.
Larson moved Resolution 4505, a resolution relating to Industrial
Development Revenue Note (Kalispell Center Limited Partnership
Project); authorizing issuance of a first amended and restated note
and the execution of documents relating thereto. The motion was
seconded by Graves.
There was discussion.
Nystul noted the Council packet included a letter from Barbieri
which was incomplete and asked what the rest of the letter
contained.
Kukulski said there were several thank you letters attached from
several organizations thanking Cavanaughs for its support.
Nystul said he would have liked to see some definite plans on when
the grain elevators across the street are coming down.
Kukulski answered Barbieri has been vague on that question but is
aware of the penalties if Cavanaughs doesn't meet its obligation to
the City concerning the elevators.
Van Natta stated he feels the elevators pose a safety and fire
hazard and the sooner they're removed the better.
Atkinson asked if this resolution could be used to hold the
corporation's "feet to the fire" to fulfill this obligation.
Kukulski stated the City is not subsidizing the new revenue note
and he doesn't feel it would be proper to use the refinancing as a
penalty when provisions for default are already spelled out in the
contract.
Atkinson said he felt the elevator issue needed to be raised, along
with the issue of employee relations, but he added Cavanaughs has
been a major part of downtown growth and he will vote in favor of
the refinancing.
Larson agreed that Cavanaughs has done a lot for the community and
it's important for people to know that.
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Donahue said he has argued from the very beginning that Council
hasn't received all the documents necessary to make an informed
decision on the refinancing. He stated Subsection 1.5 under
Section 1 declares that draft forms of several documents relating
to the amendment of the original note have been prepared and
submitted to the Council. Donahue said the Council hasn't received
any paperwork relating to the refinancing.
Finance Director Amy Robertson said the original note is about five
inches thick and is in the City Hall vault. She said as far as the
bonds, no one will know what they actually are until they are bid.
Nystul stated he doesn't disagree with Donahue's concerns about the
procedure, but added the City's bond counsel prepared the paperwork
and should be trusted.
The motion carried upon roll call vote with Atkinson, Graves,
Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in
favor, and Donahue voting against.
RESOLUTION 4506 - A RESOLUTION AUTHORIZING PARTICIPATION IN THE
BOARD OF INVESTMENT LOAN PROGRAM FOR CONSTRUCTION OF THE PUBLIC
WORKS WASH BAY PROJECT
The Board of Investments approved a loan for this project in
October, 1998. Now that the project is ready to start, it is
necessary to adopt a resolution authorizing participation in the
Board of Investments' loan program.
Boharski explained that utilizing the loan makes sense for this
project because the City can borrow money at 4.3 percent instead of
using funds held in reserve which collect about 5.3 percent.
Graves moved Resolution 4506, a resolution relating to $145,000.00
Solid Waste System Revenue Bond, Series 1999; authorizing the
issuance, awarding the sale and fixing the terms and conditions
thereof and creating special funds and accounts and pledging
certain revenues as security therefor. The motion was seconded by
Scarff.
There was discussion.
Nystul commented he still feels the City's use of borrowing money
this way is not a good way of doing business.
The motion carried unanimously upon roll call vote.
AWARD BID - PUBLIC WORKS WASH BAY PROJECT
The City received four bids for this project on September 1st.
Ross Construction was the low bidder at $162,450.00. Other bids
included Native Way Construction with a bid of $177,940.00, Swank
Construction at $167,400.00 and Treweek Construction with a bid of
$164,900.00.
Scarff moved the bid for the Wash Bay Project be awarded to Ross
Construction. The motion was seconded by Larson.
There was discussion.
Boharski said he recently read an article on "design build
proposals" which tend to give municipalities a better idea on how
to do projects. He said instead of paying for a company to design
a project and then looking for bids, both the design and the build
proposal are included in one packet. Boharski said he would
provide copies of the article for possible use in the future.
The motion carried unanimously upon vote.
FINAL PLAT APPROVAL OF BUFFALO COMMONS PHASE 4, LOT 1, BLOCK 1 AND
BLOCK 2
This is a request for final plat approval of a four -lot commercial
subdivision in the Buffalo Commons development. The lots are
located in the "professional/medical facilities pod" of the
development and contain approximately 4.45 total acres.
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Haarr moved final plat approval of Buffalo Commons Phase 4, Lot 1,
Block 1 and Block 2. The motion was seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
ORDINANCE 1335 - NURTURING CENTER ZONE CHANGE REQUEST - 1ST READING
The Nurturing Center has requested a proposed zone change from RA-2
to B-4 for properties located at the northwest and northeast
corners of Third Avenue West and Second Street West. The zone
change would allow the Nurturing Center to buy a residence across
the street for use as administrative offices.
Van Natta moved first reading of Ordinance 1335, 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 Lot 6, Block 49 and Lot 9 and the west 60
feet of Lots 7 and 8, Block 48, Kalispell Original Townsite,
Kalispell, Flathead County, Montana, previously zoned RA-2, (High
Density Residential Apartment) to B-4 (Central Business), in
accordance with the City -County Master Plan, and to declare an
effective date. The motion was seconded by Graves.
There was discussion.
Dan Henderson, representing Nurturing Center, read a letter dated
September 6, 1999 from Susan Christofferson, the Executive Director
of the Nurturing Center. (Letter is attached hereto and by this
reference is made a part of the official record)
Nystul said he's concerned that designating the properties B-4 may
not be the best classification for this residential area. He said
he spoke with Narda Wilson from FRDO about whether a less intrusive
zone would satisfy the Nurturing Center's needs.
Wilson said staff is recommending a B-4 designation, however an RA-
3 classification would probably satisfy all the property owners
involved in the zone change. She said the "philosophical" question
is whether the Council wants the Central Business District to stop
at this area.
Atkinson asked if designating the area RA-3 would be "spot zoning"
since the property is surrounded by B-4 and RA-2.
Neier said it may be a "spot", but in his opinion it's not illegal
spot zoning because it's a less intense use than B-4.
Nystul moved to amend Ordinance 1335 by inserting RA-3 in lieu of
B-4. The motion is seconded by Scarff.
There was discussion.
Larson noted the purchase agreement between the Nurturing Center
and the owner of the residence across the street states, "This sale
is contingent upon the subject property being rezoned to 3-4 from
RA-211. He asked if the change to RA-3 could jeopardize the sale.
Boharski said he expects the Nurturing Center to investigate the
ramifications of the change prior to the second reading of the
ordinance.
The amendment carried upon vote with Atkinson and Graves voting
against.
The motion as amended carried unanimously upon roll call vote.
ORDINANCE 1334 - AN ORDINANCE AMENDING THE SALARY SCHEDULE - 2ND
READING
Ordinance 1334 is a result of the recently signed contract between
the Kalispell Police Association and the City.
Scarff moved second reading of Ordinance 1334, an ordinance
amending Ordinance No. 1308, fixing the limits of the salary and
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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 Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
AWARD BID - WOODLAND PARK D.R.E.A.M. TRAIL - PHASE III
Two bids were received for Phase III of the project which consists
of a 6 foot wide, 3,106 lineal foot pedestrian walkway through the
north and east -central portion of Woodland Park. Sandon
Construction bid $67,622.22 with NuPac bidding $89,410.13.
Larson moved the bid for the Woodland Park D.R.E.A.M. Trail, Phase
III, be awarded to Sandon Construction in the amount of $67,622.22.
The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski told Council members he will be meeting with several
people tomorrow on three major developments, including a proposed
land swap with the Flathead County Fairgrounds.
Kukulski informed the Council the City was served today with a
grievance by the Kalispell Police Association and he will keep
members up to date on the issue.
Atkinson stated it's imperative the Council receive the new Master
Plan as soon as possible.
Wilson said the Planning Board has been meeting weekly on the
Master Plan since February and a semi-final form of the draft
should be available to the Council and Commissioners in about a
month.
Haarr commented that 30 to 40 percent of the 206 entrants in the
Labor Day golf tournament at Buffalo Hills this past weekend were
from out of the area. He said it shows how important the golf
course is to the local economy.
ADJOURN
The meeting was adjourned at 8:20 p.m.
Wm . E ahyski
Wm. E. Boharski
Mayor
ATTEST:
heresa White
City Clerk
approved September 20, 1999
1.513
1
An'e
Nurturing
Center resource center to strengthen fiamtties
4o6/756-1430 146 Third Avenue West
Stplmber 6, 1999
C*Council Members
Ga Hall
XAFll, MT 59901
Bmable Members,
Kalispell, Montana 59901
kWer for the Nurturing Center to continue to serve the community, it is necessary for us to
cqud our working environment. When the property across the street from us became available
we'w a short term solution to our overcrowded office situation. We seek to modify the zoning
unto continue to provide our programs and services to the families of Flathead County.
Taieg has been acknowledged as a concern by our neighbors. The combined total square
babe for both buildings is 3,341 requiring a minimum of eight off-street parking spaces. We
casfly can accommodate ten vehicles in our existing parking area. We want to remind the
Concil that we are not expanding the number of employees with this move, only providing
addlional office space for those employees who work on site.
ksbe organizations' goal to persevere in offering our family strengthening services with the
konnount of disruption and inconvenience to our neighbors. Thank you for your
caaideration in this matter.
smely,
Sam Christofferson
Fmco ive Director
Parent & CommudV Iderrals
Child Care Animm Program
USDA Food Program
Provide. Training
Rural Satellite Programs
Parent Education
Support Groups