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A. Council Minutes - Regular Meeting January 5, 19981107 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JANUARY 5, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUGLAS RAUTHE PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, PAM KENNEDY AND CLIFF COLLINS, CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting December 15, 1997 B. Approval of Claims per Payables Register-$483,695.02 Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. Rauthe recognized Debbie Gifford, Clerk of Council for being accepted into the Academy of Advanced Education from the International Institute of Municipal Clerks. He thanked her and the Staff and citizens for allowing him to be a steward of the City. Kennedy thanked the citizens and employees for allowing her to serve on the City Council. She thanked Debbie Gifford, Clarence Krepps and the City Staff. She said the Staff was the heart of the City. Collins also thanked Kathy Kuhlin and the Staff and City Manager. He was honored to have been able to serve on the Council. Mavor/Co un i 1 Presentations Council President Nystul presented Lauren Granmo, Pam Kennedy, Cliff Collins and Mayor Doug Rauthe with plaques of appreciation. They were all applauded. Oaths of of i .P Mayor Rauthe gave the oath of office to Municipal Judge Heidi Ulbricht, Councilmen Dale Haarr, Doug Scarff, Jim Atkinson, Ron Van Natta and Mayor Bill Boharski. Boharski thanked the outgoing Council and Mayor for their services to the City of Kalispell. He had heard that some may be concerned with the new make up of the Council. 1108 He is just concerned with the level of spending and the level of government in the City of Kalispell. He hoped the things will be different and better, and just wanted to work together, open and honest, not only with each other but with the citizens of Kalispell. We will have a very productive next four years, both amongst the Council and the citizens of Kalispell. Van Natta noted he ran to provide some continuity for the direction of the City. Scarff thanked the citizens of Kalispell for voting for him. T?Ipr-,t7 Councile s i de�t Donahue moved to have Gary Nystul serve as Council president. The motion was seconded. The motion carried with a roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Mayor Boharski voting in favor. Board Apj of ntmPnts Planning Board -Council Position -replace Pam Kennedy Citizen Member -City -replace Mike Conner Conrad Mansion Board -reappointment Sam Bibler Haarr moved to postpone the Board appointments until the January 20th meeting. The motion was seconded. Donahue moved to amend the motion to exclude the Conrad Mansion Board appointment. The motion was seconded. The amendment carried upon vote. Boharski recommended Sam Bibler to continue serving on the Conrad Mansion Board. The amended motion carried unanimously with a vote. HEARING THE PUBLIC Resolution 4390-Fina1__Payment-Thomas,___D_ean__�nd_Iio;zkinG-Change Order -Woodland Court Jim Lynch, NuPac, thanked the past Council and commended Pam Kennedy for her dedication to the City of Kalispell. He also felt the passing of Resolution 4390 may be premature as NuPac has a claim against the City. Mike Fraser, Thomas, Dean & Hoskins, encouraged Council action on this item. ordinance 12.78-ReGtaurant_B-eLer__antl.__wine Li- en%e;�2nd__Reading This item is the continuation of the requested change to allow the special beer and wine licenses within 600 feet of a church. 1109 This was a request for a change by certain businesses. This has passed the first reading. No input has been received on this issue other than the requesting businesses. Atkinson moved Ordinance 1278, an ordinance supplanting the State law distance restriction with respect to restaurant beer and wine licensees (RBW) and allowing such licensees to operate within 600 feet of a church, synagogue or school within the zoning district wherein restaurants are a permitted use, and to provide an effective date. The motion was seconded. Atkinson and Larson spoke in favor. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor, Ordinance 1 279 - Kal ispP� l� _P�r}�i I1q_�_mmi.,%S1Qn__R?_gLest_ Am nd ny _r i ma Parking Code 1st Reading The Parking Commission submitted a letter of request for parking code changes. John Harper, Parking Commission, explained the change in times would be from 9 a.m. to 5 p.m., in effect now, to 8 a.m. to 6 p.m. The other change involves not permitting parking within the same block face during the same 2 hours. Nystul moved Ordinance 1279, an ordinance to amend Section 17-90, Kalispell City Code, prohibiting overtime parking and establishing two hour parking between the hours of 8:00 a.m. and 6:00 p.m. on certain streets and declaring an effective date. The motion was seconded. There was lengthy discussion and John Harper answered questions. With a roll call vote the motion carried with Atkinson, Donahue, Haarr, Larson, Nystul, Scarff, van Natta voting in favor and Graves and Boharski voting against. Ordinance 1290-7oningTex-t_Amendment from Daily —Inter -Lake to Allow Newspaper Offices in B-_3Zone as a .>?.e mi t_ t_e_d_U--e _ls-__ .Pad The City -County Planning Board received a request from the Daily Inter Lake for a text amendment. The requested change is one that would be recommended in the entire rewrite of the Kalispell Zoning Ordinance but due to the timing of the rewriting process, the Inter Lake desires to expedite the planning and construction of the new facility. This text amendment would allow this type of usage with less impact to the area than many other B-3 uses. Krepps concurred with the request to allow newspaper offices as a permitted use within the community business zones. 1110 Larson moved Ordinance 1280, an ordinance amending Section 27.15.020, (Ordinance No. 1175), by allowing newspaper offices as a permitted use in a B-3, Community Business Zoning District, and to provide an effective date. The motion was seconded. There was discussion and Donahue moved to amend the ordinance to reflect publishing/printing facilities rather than newspaper offices. The motion was seconded. There was more discussion and the amendment carried unanimously with a vote. with a roll call vote the amended motion carried with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. S e11 Lot G fo_r 1 s The City will be accepting bids for the land purchase and construction of two homes on lots 6 and 21 in the Woodland Court project. To authorize these sales, approval is needed from the Council. The lots will sell for $8,000.00 cash with a zero interest deferred second mortgage of $16,000.00 respectively to the low bidder. As the normal program criteria, the zero interest mortgage will be assumed by the buyer and assigned to the Glacier Affordable Housing Foundation for future recapture and assistance to other low income families upon resale, refinancing, or change of ownership. Atkinson moved Resolution 4389, a resolution authorizing the manager, Finance Director and Clerk of Council to execute the documents necessary to transfer lots 6 and 21, plat of Woodland Court, a resubdivision of Lots 27, 28 and 29, Block 1, of Greenacres, located in the SE 1/4 of SE 1/4, Section 17, T28N, R21W, P.M.M., Flathead County, Montana to Timberland Construction. The motion was seconded. With a roll call vote the motion carried with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. Buffalo Commons Phase 2.-Block 1-Final Plat Narda Wilson of the Regional Development office submitted a report outlining the final plat process for Phase 2 of Buffalo Commons. The conditions that were set forth within the preliminary plat have been satisfied. Larson moved final plat approval for Buffalo Commons Phase 2 Block 1. The motion was seconded. The motion carried with a vote. aL_— ayment - Thomas—__Dean__-and___Hoskins_-�hang_e This final billing from Thomas, Dean & Hoskins for the Woodland Court project has been held for several months to allow additional discussions and research to determine the factors involved in the additional costs for service from the engineer. This billing, together with one of the contractors submissions for additional work, has been reviewed by the staff, the attorney, and other sources of information to determine why the City had extra costs. Upon a thorough review, the City Attorney has advised that the additional work and hours submitted were completed and apparently justified within this project. Based upon a lengthy and thorough review of this bill and request for a change order, Krepps recommended that the change order be approved and the final payment for the additional dollars be paid. This is a project that was started approximately three years ago. At that time a decision was made to split the contract by separating the sections of the low bids rather than awarding the bid to the over-all single low bidder. Krepps felt this decision, rather than creating the desired savings, actually created administrative and engineering inefficiencies that over -ran the potential cost savings. Haarr moved to postpone action on Resolution 4390 indefinitely. The motion was seconded. There was discussion and it was requested to be put on a work session. Upon vote the motion carried and the resolution was postponed indefinitely. Haarr requested the addition of "Comments or Questions from the Council" to the agenda. He also would like the Thomas, Dean & Hoskins issue on a work session, as well as the valley Bank parking lot and the National Flood disposition. FOR YOUR INFORMATION January 12, 1998 Joint meeting with County Commissioners -General Discussion -noon Work Session January 12, 1998 7:00 p.m. Review Ball Field Plans by Engineer Next Regular Meeting Tuesday January 20, 1998 7:00 p.m. January 26, 1998-Department Presentations begin-Krepps requested questions submitted ahead of time of the presentations. January 13, 1998 5-7 p.m. Reception for Dennis Klukan Atkinson gone January 20, 1998 1112 ADJOURN The meeting was adjourned at 8:52 p.m. Wm E. Boharski, Mayor ATTEST: Debbie Gifford, CMC/AAE Clerk of Council