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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. 1509 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. 1510 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. 1511 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 1512 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