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08/21/00 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 21, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Amended Agenda. The motion was seconded by Scarff. Boharski explained the only changes to the agenda were to delete the second reading on a change to the subdivision regulations since it was already approved at an earlier meeting, and to move items eight and nine to the top of the agenda. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Approval of Claims per Payables Register-$512,431.18 2. Award Bid - Ambulance The City received two bids for a 1999 or newer Type I Ambulance. Wheeled Coach submitted a bid of $69,416 with McCoy Miller bidding $73,210. Staff recommended Council award the bid to Wheeled Coach. Van Natta moved approval of the Consent Agenda. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC None PUBLIC COMMENTS ON RESOLUTION TO SUBMIT CDBG AND HOME GRANT APPLICATIONS Susan Moyer, Community Development Director, explained the City is required to receive public comments seeking input on eligible grant activities that CDC should be investigating. She said it also concerns the submission of applications for a CDBG Housing and Neighborhood Revitalization grant, along with a HOME grant for the construction of a 40-unit senior apartment rental project to be known as the Second Avenue West Redevelopment Project, Phase I. Moyer said the grants for the project would amount to $932,000. Boharski asked for public comments. Chris Foster, Hampstead Partners, outlined the proposal for the senior independent living facility on 2nd Avenue West stating it will cost 3.7 million dollars to construct. He stated grants and Kalispell City Council Minutes August 21, 2000 Page 1 1669 loans are needed for the facility to become a reality and encouraged Council to authorize the applications. Sherry Stevens -Wulf, Executive Director of United Way, informed the Council they are now located in their new facility on Appleway Drive and thanked the Council for its support. She asked the Council to keep several projects as high priorities: the Senior Home Repair Project, the 40-unit Senior Apartment Complex, the Glacier Affordable Housing Program and the Human Services Complex on Appleway. Ivan Laurensen, 450 Small Lane, spoke in support of the grant applications and encouraged the Council to keep the Appleway Project as a high priority. Susan Christofferson, Nurturing Center, said she strongly supports the senior housing complex stating there is a serious need for elderly housing. She also supported continued growth of the Human Services Complex on Appleway saying she hopes the Nurturing Center can move there in the future. Doug Rauthe, Executive Director of Northwest Montana Human Resources, commented that all of the Senior housing projects in the core area of Kalispell are full and encouraged support of the grant applications. Terry Herriges, 392 2nd Avenue West North, said she's involved with Head Start, which provides services for over 200 families per year. She said Head Start would also like to move to the Human Services Campus on Appleway and asked the Council to keep that project as a high priority. Moyer informed Council that the Community Development Department has made a strong effort to obtain citizen input on eligible activities under the CDBG and HOME programs. She said the input becomes the building block for future activities and encouraged Council to approve Resolution 4580. RESOLUTION 4580 - CDBG GRANT AND HOME GRANT APPLICATIONS This resolution authorizes the City Manager to apply to the Montana Department of Commerce for grants to construct a 40-unit senior apartment complex. Scarff moved Resolution 4580, a resolution authorizing submission of grant applications to the Montana CDBG and HOME programs. The motion was seconded by Leistiko. There was discussion. Atkinson announced he may have a conflict of interest because he works for the Agency on Aging. Haarr asked Foster how much of that half of block the project would encompass. Foster answered on the south side of the block, the building housing the sport, lock and sign shops will be rehabilitated, with the beauty shop remaining as it is. Kalispell City Council Minutes August 21, 2000 Page 2 1670 Kenyon asked if the apartments would be similar to Big Sky Manor in that non -senior, disabled adults would be eligible for residency. Foster said that hasn't been determined yet. Boharski asked about the administrative costs. Moyer stated $72, 000 from the grants can be used for administrative purposes on each project, but how much will actually be needed is undetermined. Haarr questioned the tax status of the project. Foster said Hampstead has promised the property will be on the tax rolls. The motion carried unanimously upon roll call vote with Atkinson abstaining. MEMORANDUM OF UNDERSTANDING - ADMINISTRATION OF GRANTS Council approval is needed to enter into a Memorandum of Understanding with Flathead County and Glacier Affordable Housing for the Community Development Department to administer the grants. Larson moved approval of the Memorandum of Understanding with Flathead County and Glacier Affordable Housing. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. ORDINANCE 1360 - 1ST READING - MUNICIPAL INFRACTIONS This ordinance authorizes the classification of certain City offenses and municipal infractions. Neier explained that currently, violations of City ordinances are classified as criminal offenses. He said the 1999 State legislature passed a bill permitting cities to decriminalize violations of city ordinances by designating them as "infractions". Neier said there are a variety of offenses which could be classified as "infractions", such as parking, zoning and building violations. He stated in his opinion, converting violations from "crimes" to "infractions" has several advantages: 1) the burden of proof on an "infraction" changes from "beyond a reasonable doubt" to "clear and convincing evidence"; 2) classifying an offense as an "infraction" entitles the alleged offender to a judge trial only, eliminating the right to a jury trial, and; 3) decriminalization reduces "crimes" to a civil matter similar to a small claims action and a disposition can be accomplished without City Attorney involvement. Neier said if Ordinance Nos. 1360 and 1361 (penalty for municipal infractions) are passed, his office will revise a series of City ordinances designating violations as "infractions". Leistiko moved first reading of Ordinance 1360, an ordinance authorizing the classification of City offenses as municipal infractions, prescribing enforcement procedures and penalties, allowing for appeals, and establishing an effective date. The motion was seconded by Scarff. Kalispell City Council Minutes August 21, 2000 Page 3 1671 Boharski said he has several concerns with this ordinance. He said it takes away the rights of the individual by reducing the burden of proof from "beyond a reasonable doubt", it doesn't allow an indigent individual the right to an attorney, and you can only only appeal on issues of law, not on issues of fact. Neier said as it stands right now you are not entitled to an attorney if you are charged with a crime that doesn't carry any jail time. He said staff feels the change to "infractions" on many offenses is the proper way to handle a lot of cases that are difficult and time consuming such as parking tickets. Kukulski commented the Council is not changing any current City violations at this time, but it will give the City the right to look at each violation in the future and make a determination. Leistiko agreed, stating the Council will have a chance to review each "infraction" prior to being approved. Van Natta said he doesn't have a concern with the change and feels there are some violations that apply to this. Kenyon stated he agrees with the Mayor, commenting it makes him nervous when "efficiency and justice are used in the same sentence". The motion carried upon roll call vote with Haarr, Kenyon and Boharski voting against. ORDINANCE 1361 - 1ST READING - PENALTY FOR MUNICIPAL INFRACTIONS This ordinance excludes municipal infractions from the general penalty provision. Scarff moved first reading Ordinance 1361, an ordinance amending Ordinance No. 834 S 1 (§ 1-9, Kalispell City Code) by excepting municipal infractions from the general penalty provision and establishing an effective date. The motion was seconded by Larson. There was discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1362 - 1ST READING - TRAVEL POLICY This ordinance repeals the travel policy in the Kalispell City Codes because it's covered in the recently approved Personnel Policy Handbook. Scarff moved first reading of Ordinance 1362, an ordinance amending Chapter 2, Administration, Kalispell Municipal Code by amending Ordinance 1166, repealing § 2-43 (Travel Policy); authorizing the City Attorney to recodify § 2-44 in accordance with this ordinance and declaring an effective date. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes August 21, 2000 Page 4 1 ORDINANCE 1363 - 1ST READING - FIRE PROTECTION ASSOCIATION STANDARD NFPA 99C, GAS AND VACUUM SYSTEMS This ordinance allows the City to inspect medical gas and vacuum systems. Larson moved first reading of Ordinance 1363, an ordinance to adopt, by reference, the National Fire Protection Association Standard NFPA 99C, Gas and Vacuum Systems 1999 Edition, and applicable to the jurisdictional area thereof; adopted and approved by the Building Codes Division, Department of Commerce, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded by Atkinson. There was discussion. Neier explained it's an optional inspection, but the City has employees already trained for this service and the building department felt it would be preferable to have the City do the inspections rather than wait for the State. Haarr questioned if the State already performs the inspections, why would the City want to add another job and another "level of bureaucracy". Neier said it just makes sense to inspect the medical gas and vacuum systems as part of the medical facility inspection package. Larson said he feels it would be a benefit to the local contractors because they wouldn't have to wait for the State which could hold up the project for several weeks. Counsell agreed, stating since the buildings are in the City, he feels it's the City's responsibility that all codes are met. The motion carried unanimously upon roll call vote. RESOLUTION 4578 - NOTICE OF PUBLIC HEARING - WATER RATES AND METER FEES Due to needed infrastructure replacements, water rates need to be raised to generate additional revenue and to implement a water meter replacement program. A public hearing is scheduled for October 16, 2000. Van Natta moved Resolution 4578, a resolution setting a date for public hearing on a proposal to adopt increases in the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell Water Utility. The motion was seconded by Larson. There was discussion. Haarr asked if the water department's profit and loss statements can be obtained prior to the public hearing. Kukulski said he would provide them with a copy. The motion carried unanimously upon roll call vote. 1 1 Kalispell City Council Minutes August 21, 2000 Page 5 1673 1 1 RESOLUTION 4579 - NOTICE OF PUBLIC HEARING - SEWER RATES Additional revenue must be raised in order to fund revenue bond coverage and provide for maintenance and operation of the City Sewer System. A public hearing is scheduled for October 16, 2000. Van Natta moved Resolution 4579, a resolution setting a date for public hearing on a proposal to adopt increases in the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell. The motion was seconded by Counsell. There was no discussion. The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORT Larson said the Council has received an invitation from the Chamber of Commerce for an "Economic Vitality Tour" to Spokane and was wondering if it would be possible for some Council members to attend. Boharski suggested members think about it and discuss the issue at the work session August 28th. ADJOURN The meeting was adjourned at 8:15 p.m. ATTEST: eresa White City Clerk Approved September 5, 2000 Win-F-10401. Wm. E. Boharski Mayor Kalispell City Council Minutes August 21, 2000 Page 6