07/07/97 City Council Minutes1043
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JULY 7, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS
JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, DALE HAARR, PAM
KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN NEIER AND
CITY MANAGER CLARENCE KREPPS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
Rauthe noted the token gifts from Mayor Imamura of Takamori.
Ted Main Recognition
Rauthe read a recognition plaque to Ted Main for his 27 years of
service to the City for the Fire Department. He was applauded.
AGENDA APPROVAL
Haarr moved approval of the agenda as presented. The motion was
seconded.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting -June 16, 1997
B. Approval of Claims per Payables Register-$405,735.98
C. Award Bid -West Wyoming Street Water Main Project
D. Adopt 1997-98 Preliminary Budget and Set Public Hearing
for July 21, 1997
E. Closing of Street for Wedding-4th Avenue East
Collins moved to approve the consent agenda. The motion was
seconded.
There was discussion of the street closing for the wedding. It was
consensus to allow the closure from 4:30-6:00.
Upon vote the motion carried.
HEARING THE PUBLIC
The following spoke in favor of Central School:
Rosalie Heinecke, 61 Buffalo Hill Drive
Norma Happ, 535 5th Avenue East
Sherry Stevens -Wulf, 515 3rd Street East
Donna Maddux, County Superintendent of Schools
Joanne Shadowitz, Kalispell Grand Hotel
Huz Jensen, 620 4th Avenue East
Richard Riley, 945 Sunnyside Drive
Linda Collins, 302 Salish Court
Gordon Pirrie, Western Outdoor, also did a slide presentation of
downtown Wenatchee, Washington.
Against
Fred Hammel, 505 7th Avenue West
Richard Kuhl, North Main
Teton Terrace
Earl Colton, 91 Hawthorne West, complained of the abandoned and
stolen cars, and traffic through the Teton Terrace project.
Discussion of Utility Request nor Trailer Court
Dennis Rasmussen requested the extension of City services to his
trailer court located at South Woodland and Haven Drive. This
request is due to failed septic systems that are currently
servicing the trailer court. This court is located outside of the
municipal boundaries by approximately 6001.
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The City has indicated that we will not extend sewer lines to the
court unless or until the court annexed. There is currently four
parcels of land between City boundaries and Mr. Rasmussen's
property. This is a portion of the Green Acres discussion of total
annexation and illustrates one of the reasons to continue with the
annexation decision.
Krepps did not recommend extension of these services outside the
City boundaries.
Atkinson moved to deny the request for extension of utilities. The
motion was seconded.
There was discussion.
Upon vote the motion failed with Larson, Nystul, Haarr, Kennedy,
Donahue and Rauthe voting in favor and Collins and Atkinson voting
against.
Larson moved to extend city sewer services to the property
requesting sewer upon receiving and approving the form of the
petition of annexation and holding off on the actual annexation
until the City deems it's proper timing at the expense of the home
owner and consent to withdraw from rural fire district. The motion
was seconded.
There was more discussion and the motion carried with a vote with
Collins and Atkinson voting against and Donahue, Haarr, Larson,
Kennedy, Nystul and Rauthe voting in favor.
Resolution 4340-Buffalo Stage Phase II Annexation
Krepps concurred with the Findings of Fact and the recommendation
from FRDO to annex and zone this property.
As a disclosure to the Council and the Public, Krepps stated: This
subdivision is where my residence is located. Since my
recommendation is not in conflict with the Planning Board, I
believe, based upon interpretation of the ICMA code of Ethics, I
can submit a recommendation without a breech of the code in
reference to Conflicts of Interest.
Kennedy moved Resolution 4340, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, Buffalo Stage Phase II, Addition No.
281; to zone said property residential apartment, RA-1; to amend
the City zoning map accordingly and to declare an effective date.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor.
Resolution 4341-South Woodland Construction _Chanae_Order
This change order is requested to increase the contract by
$1,042.80 for additional unit quantities of gravel and asphalt
repair. This is a .7% increase in the original contract total of
$157,273.60.
Larson moved Resolution 4341, a resolution to alter and amend the
contract with Sandon Construction Co., Inc. on the South Woodland
Water Main Improvements Project. The motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor.
Re"l_uti_on 4342-Transfer Funds from General Fund to- Bui dim
Department Fund
As indicated at the budget workshop, Staff is requesting Council
approval to transfer $120,509 from the General Fund to the Building
Code Enforcement Fund.
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Based upon historical revenue and expenditures for the Building
Code Department, Staff calculated that a $120,509 cumulative cost
value should be transferred to enable the start-up of this
Department's account as an independent enterprise fund operation.
Haarr moved Resolution 4342, a resolution authorizing the Finance
Director to transfer from the General Fund to the Building Code
Enforcement Fund the equity attributed to the Building Code
Function. The motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor.
Resolution 4343-Golf Course Contract -General Election Ballot Issue
With the renegotiation completed and the tentative approval of the
City Council for the new lease of the Golf Course property to the
Kalispell Golf Association, the City needs to receive approval of
the citizens to fulfill all legal requirements of the State.
Krepps recommended approval of Resolution 4343 to determine the
acceptance/rejection of the proposed contract by general election
of the Citizens of Kalispell.
Collins moved Resolution 4343, a resolution calling for a special
election on the question of approving a lease between the City of
Kalispell and the Kalispell Golf Association, to be held on the 4th
day of November, 1997 in conjunction with the City general
election. The motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor.
Resolution_4344-Central School Proiect-Place on Ballot
This agenda item was requested by Council Member Donahue.
Donahue moved Resolution 4344, a resolution calling for a special
election on the question of expending up to $2,500,000 to renovate
Central School, to be held on the 4th day of November, 1997 in
conjunction with the City general election. The motion was
seconded.
There was discussion.
Larson, Collins, Nystul spoke against the motion.
Donahue, Haarr spoke in favor of the motion.
With a roll call vote the motion failed with Atkinson, Collins,
Kennedy, Larson, Nystul and Rauthe voting against and Donahue and
Haarr voting in favor.
Ordinance 1263-Tackett Zone Change-2nd Reading
Kennedy moved Ordinance 1263, an ordinance to amend Section
27.02.010, official zoning map City of Kalispell Zoning Ordinance
(Ordinance No. 1175) by zoning property known as Assessor's Tract
30K and 30KA located in Section 8, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana (previously zoned County R-
3, One Family Residential), City R-3, Urban Single Family
Residential, in accordance with the City -County Master Plan, and to
provide an effective date. The motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor.
Ordinance 1264-Knoll's Addition Zone Change from R-2 to R-3 2nd
Reading
This request related directly to a desire to reduce side yard
setbacks.
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The discussion of the Planning Board led to a concern of drain
field restrictions and the impact upon the development that current
setbacks have in terms of the types of houses that are being or
will be built on the lots.
Upon review of the minutes of the meeting and the discussion points
Krepps concurred with the Planning Board's opposition for this
change in zoning.
Larson moved Ordinance 1264, an ordinance to amend Section
27.02.010, official zoning map, City of Kalispell Zoning Ordinance
(Ordinance No. 1175), by zoning property known as Lots 9 through
16, Block 5, Knoll's Addition located in Section 17, Township 28
North, Range 21 West P.M.M., Flathead County, Montana (previously
zoned R-2 Single Family Residential), R-3, Urban Single Family
Residential, in accordance with the City -County Master Plan, and to
provide an effective date. The motion was seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Haarr, Larson, Nystul and Rauthe voting in favor and
Kennedy voting against.
Ordinance 1265-Sidewalk Amendment -1st Reading
At the last Council Meeting there was discussion concerning
sidewalks and sidewalk usage. The City Attorney compiled a change
for the sidewalk ordinance that will begin a permit system for the
use of the sidewalks.
Haarr moved Ordinance 1265, an ordinance amending R.O. SS 962 (SS
24-6, Kalispell City Code) allowing obstructions of streets,
alleys, public grounds, and sidewalks by permit, and declaring an
effective date. The motion was seconded.
There was discussion.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor.
Kennedy moved to allow the flower pots in the downtown district
without the permitting that was currently allocated in Ordinance
1265 and that such flower pots must be removed by November 1, 1997.
The motion was seconded.
Larson and Nystul spoke against the motion.
Upon vote the motion failed with Nystul, Larson, Haarr, Donahue and
Rauthe voting against and Collins, Kennedy and Atkinson voting in
favor.
Glacier Tennis Club -Conditional Use Permit Discussion
Council received a copy of prints for the proposed tennis court
facility and the conditional use permit as approved.
The prints, as prepared, do not meet the conditions that Council
had specified for the permit.
The conditional use permit conditions are not fulfilled with the
proposed facility. Krepps recommended the staff's disapproval of
the building permit until the facility meets the conditions unless
Council changes the conditions.
There was consensus that this was an administrative decision, if
conditions were not met, to deny the building permit.
Storm Sewer Assessment Study -tabled from June 2. 1997
As indicated in June, the Internal Staff Committee reviewed the
Street Maintenance Assessment Program just as was done with the
Storm Sewer Assessment.
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Krepps instructed the Committee to investigate a budget revenue
neutral option to assure receiving the current maintenance funds to
continue the current level of services.
Krepps recommended to continue with the current formula for the
Storm Sewer Assessment. Since the reports are not comprehensive
but are used to illustrate the formulas and their potential impact,
he agreed with the Committee and suggested that Council allow
completion this change during the Fall/Winter work schedule with a
February 16, 1998 deadline for all changes to be adopted by the
Council.
There was discussion and consensus to complete in the Fall.
Council Appointment -Tentative Item -only if Council is ready
Six individuals submitted applications for the Council position as
follows: Sydnee Hill, Frederick Hammel, Jerry Begg, Ronald
Brothers, John Graves and Randy Kenyon. Ronald Brothers lives in
Ward IV, so does not qualify.
Kennedy moved to appoint Randy Kenyon for the Ward III Council
position replacing Lauren Granmo. The motion was seconded.
There was discussion.
Nystul, Haarr and Donahue spoke against the motion.
Donahue moved to table the motion.
With a vote the motion failed with a tie vote of Donahue, Haarr,
Collins and Nystul voting in favor and Kennedy, Larson, Atkinson
and Rauthe voting against.
There was more discussion as to meeting with the candidates next
Monday.
The original motion failed upon tie vote with Donahue, Haarr,
Nystul and Collins voting against and Kennedy, Atkinson, Larson and
Rauthe voting in favor.
There was discussion as to the format for the interviews.
FOR INFORMATION
Airport Authority Meeting to follow this meeting.
July 14, 1997 7:00 p.m. Ward III Council position Interviews
Next Regular Meeting July 21, 1997 7:00 p.m.
ADJOURN
The meeting was adjourned at 10:00 p.m.
Dougl D. Rauthe, Mayor
ATTEST:
Debbie Giffor
Clerk of Council
Approved 7/21/97