01a. Council Minutes - Regular Meeting December 15, 1997KA.LISPELL CITY COUNCIL
Agenda
January S, 1998
AGENDA APPROVAL
AGENDA ITEM 1 - CONSENT AGENDA APPROVAL
A. Council Minutes - Regular Meeting December 15, 1997
B. Approval of Claims per Payables Register $483,635.02
MIX
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, DECEMBER 15, 1997, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, JOHN GRAVES,
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.
AGENDA APPROVAL
Haarr moved to accept the agenda as presented. The motion was
seconded.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting -December 1, 1997
B. Approval of Claims per Payables Register-$515,534.38
Collins moved to approve the consent agenda. The motion was
seconded.
Upon vote the motion carried.
HEARING THE PUBLIC
Bill Boharski, 1433 5 t h Avenue West, was concerned about the
Kidsports agreement by the City committing to the ballfield and
having not closed on the Rosauers deal. He did not want this
Council to put the next Council in a bind.
zSalaries and Sppace NPPfls fit_ idy
Clare Hafferman, 1337 3rd Street West, did not like the comparison
of City employees to local employees that was made at the last
meeting and felt $17,000 was too much for a Space Needs Study.
nrdi n n . 1 .48-Adopt Urban _Renewal Projects
Rich DeJana, 422 Summit Circle, thanked the outgoing Council
members for what they have given to the community and on behalf of
the Flathead Business Industry Association, felt the procedure of
Ordinance 1248 (Adopt Urban Renewal Projects) and the amendment
made on the 2nd reading was not proper and should be re -adopted or
else the courts will decide on the validity of the Ordinance.
Pn _ral School
The following spoke in favor of the Central School project:
Alfred Swanberg, Lakeside
Henry Oldenburg, 1119 2°d Avenue East, felt the 2.5 million should
be used to create higher paying jobs in the area.
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Mike Daley, 1001 South Main
Richard Riley, 945 Sunnyside Drive, he also thanked Mayor Rauthe
for his tenure.
Meredith Haverfield, Cavanaugh's Marketing Director,
Bob Hatfield, 612 6th Street East
Mark Holston, 104 Northern Lights Boulevard
Norma Happ, 535 5th Avenue East
Mary Pat Murphy, Kalispell
Jim Thompson, 160 Riverview Drive
Kathy McKay, 491 Eckleberry Drive, Columbia Falls
Rebecca Bauder, 538 5 t h Avenue East
Jack Mann, 375 Ponderosa Lane
Joann Shadowitz, 100 Main Street
Lex Blood, Kalispell
Rosalie Heinecke 61, Buffalo Hill Drive
Dorothy Druse, 63 Hawthorne
Randy Beaver, Columbia Glass Works
The following expressed concerns about the Central School proposal:
Doug Scarff, 123 12th Street East, suggested mailing a ballot and
letting the voters decide.
Mark Agather, 540 6th Avenue East, asked Council postpone the
decision and let the Historical Society earn the money.
Vinny Weisman, Vinny's Cafe, 120 Main Street, encouraged Council to
let the voters decide.
George Dachs, 270 Summit Ridge Drive
Don Trankle, 1120 8t� Avenue East, encouraged Council to let people
vote.
Gary Warren, 46 Parkway, wants it sold to the voters.
Rudy Stefanitz, 111 Northwest Lane, felt it should be voted on.
Sue Daley, 245 Addison Square, wanted to give the voters a choice.
Mike Grachek, 197 Demarsville, felt there was a better use of funds
and would like to see it put to a vote.
Bill Lincoln, 203 Lakeshore Drive, felt the voters should have a
say in this project.
Kidsnor_ t s Aarppment
Roy Beekman, 182 Morningview Drive, encouraged Council to sign the
Kidsports agreement.
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PUBLIC HEARINGS
Budget Amendment -HOME Grant
The City received verification of receipt of a $400,000 HOME Grant
for additional improvements to the Samaritan House. This hearing
and amendment to the budget is required to allocate those funds.
Rauthe closed the public hearing.
Budget Amendment PRMA Grant
As previously discussed, the City received verification (and the
check from FEMA) of reimbursement of flood damage expenditures
($43,510). This hearing and amendment to the budget is required to
allocate those funds.
Rauthe closed the public hearing.
Clarify Total Budget Adoption
Krepps referred to a list of potential expenditures that have
either been budgeted in this year's budget or are currently
identified in the Capital Improvement Plan. This does not include
all of the needed expenditures within the TIF area. As an example,
extensive Storm Sewer Improvements are not considered in this list.
The basic question seems to be: Can the City use $2.5 million for
other expenditures? His answer was yes, but the priorities and
goals of the City were set by the Council and Central School Museum
was one of the top priorities. The City's needs far outweigh the
funds available from the budget, TIF funds, or any other sources.
The staff can fill the expenditures for TIF funds for many years.
• •••.-•
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Opponents
Bill Boharski, 1433 5`h Avenue West
Rich DeJana, 422 Summit Circle, representing FBIA
Rauthe closed the public hearing.
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Resnl »t i On _385_- Budget -Amendment._- H0ME _ Grant
Atkinson moved Resolution 4385, a resolution to amend the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 1997-98 budget adopted by the City Council for the Home
Investment Partnerships Program. The motion was seconded.
There was discussion and Susan Moyer answered questions.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4386-Budget -Amendment-FEMA Grant
Larson moved Resolution 4386, a resolution to amend the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 1997-98 budget adopted by the City Council for the FEMA
approved project application. The motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Reselution-4387 -Clarify Total _B uc get_Adop o
Atkinson moved Resolution 4387, a resolution amending the annual
appropriations for the City of Kalispell, Montana, as set forth in
the 1997-98 budget adopted by the City Council. The motion was
seconded.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Ordinance 1277- Salary- AFSCME Union-2nd Reading
Larson moved Ordinance 1277, an ordinance amending Ordinance No.
1233, fixing the limits of the salary and 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,
repealing all other ordinances in conflict therewith. The motion
was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Review Rid,Contract Approvalntra�.$.ChQc?1. Renova -ion Projee
This item was tabled at the last meeting. Based upon the
discussion at the December 1, 1997 Council Meeting, consideration
of the approval of the ATTIC add alternate and the KITCHEN add
alternate should be added to the base bid submitted by Swank
Enterprises if decided to proceed with the project.
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Collins moved to remove from the table the matter of the Review
Bids/Contract Approval -Central School Renovation Project. The
motion was seconded.
The motion carried with a vote.
City Attorney Neier explained the letter received from Rich DeJana.
He felt the ordinance passed with both readings meets all the
requirements. He also noted the amendment about eminent domain had
nothing to do with Central School.
Based upon the Council goals and invested staff and consultant
time/expenditures, Krepps recommended approval of the contract and
bid submitted by Swank Enterprises.
There was discussion.
Larson moved to proceed onward with the agenda item before us and
accept the city attorney's legal advice and move forward and to
authorize and direct the city manager to enter into a contract with
Swank Enterprises for the base bid, alternate #1 and alternate #2
in the amount of $2,193,000. for the restoration of Central School.
The motion was seconded.
There was discussion.
Nystul moved to amend the motion to say subject to an affirmative
vote of the voters by mail ballot to be conducted as soon as
possible. The motion was seconded.
Larson, Collins, Atkinson, Kennedy and Rauthe spoke against the
amendment and Haarr, Donahue and Graves spoke in favor of the
amendment.
The amendment failed with Donahue, Haarr, Graves and Nystul voting
in favor and Larson, Kennedy, Collins, Atkinson and Rauthe voting
against.
There was more discussion.
Kennedy and Rauthe spoke in favor of the original motion.
With a vote the motion carried with Nystul, Donahue, Haarr and
Graves voting against and Collins, Kennedy, Larson, Atkinson and
Rauthe voting in favor.
Kidspnrts Agreement
On December llth, Mike Baker, Glen Neier, Dan Johns and Clarence
Krepps met to discuss the agreement between Kidsports and the City.
Two concepts of the agreement were discussed and with all arriving
at a mutual conclusion. Mr. Johns recompiled the agreement with
changes that all agreed upon.
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The concept for this agreement is not to specify all of the
construction cost, etc. This concept is to determine the basic
relationship of Kidsports and the City in terms of lease payments,
fees, and maintenance responsibilities.
Larson moved to remove this item from the table. The motion was
seconded.
Upon vote the motion carried.
Larson moved to authorize and direct the city manager to enter into
the agreement with Kidsports. The motion was seconded.
There was discussion and Donahue spoke against the agreement.
Krepps answered questions.
The motion carried upon vote with Nystul, Donahue and Haarr voting
against and Atkinson, Collins, Larson, Kennedy, Graves and Rauthe
voting in favor.
Ordinance 1278-Res taurant Beer and WinQ_LiGenses-lct- Reading
This ordinance will amend the State Code requirement that restricts
any liquor license holder to operate within 600 feet of a church,
synagogue or school.
The change has been requested for those restaurants that may
receive the new beer and wine licenses. The ordinance eliminates
any distance separation for places operating under their license.
There would be two churches potentially affected with this change
within the Central Business District.
Based upon the limited exposure, current operations in the Central
Business District, and the State restricted number of
establishments eligible to receive this type of license, Krepps
recommended approval of the ordinance as proposed.
Donahue 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.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
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hesolution 4388-Minor _�Scl�v? Gioll___�lat __Aj2pr�?Ys31-I2dlsjt
The purpose of this resolution is to formally plat the 5.25 acres
of the Daley Field property to allow the City to close the Rosauers
sale.
This is a portion of a 15 acre parcel. The closing of this sale is
scheduled on or before December 23, 1997. The development
agreement and purchase agreement has been compiled and reviewed.
To complete the sale, the platting needs to be completed.
Haarr moved Resolution 4388, a resolution approving the final plat
of the Daley Field subdivision, Flathead County, Montana. The
motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
FOR YOUR. INFORMATION
Next Regular Meeting January 5, 1998 7:00 p.m.
Work Session January 12, 1998, 7:00 p.m. Review Ball Field Plans by
Engineer
Rauthe wished everyone a Merry Christmas.
Kennedy thanked the citizens of Kalispell for allowing her to serve
for the past seven years.
Collins also thanked the citizens, the three city managers and the
staff for all their hard work.
ADJOURN
The meeting was adjourned at 11:00 p.m.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC/AAE
Clerk of Council