A. Council Minutes - Regular Meeting September 8, 19981
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. TUESDAY, SEPTEMBER 8, 1998, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT GARY NYSTUL
PRESIDED. COUNCIL MEMBERS NORBERT DONAHUE, JOHN GRAVES, DALE
HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND
CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. MAYOR
WILLIAM E. BOHARSRI AND COUNCIL MEMBER JIM ATKINSON WERE ABSENT.
President Nystul called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda with the elimination of Agenda
Item 10, the appointment to the RDC Board of Directors, and Agenda
Item 12, the appointment to the Board of Adjustment. The motion
was seconded by Donahue.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting August 17, 1998
B. Approval of Claims per Payables Register-$1,080,179.91
van Natta moved approval of the consent agenda as presented. The
motion was seconded by Larson.
There was discussion.
Nystul stated a correction needs to be made to Page 4 of the
Minutes by adding Nystul as voting on the Amendment.
Donahue asked that claims be presented to the Council earlier than
three days before the meeting so members have time to look at them
more closely. He suggested possibly going over them during a work
session.
Neier said the accounts payable clerk doesn't get the claims until
the Wednesday or Thursday prior to a Council meeting and if the
Council wants to hold them for a work session it will delay
payments.
Haarr asked Finance Director Amy Robertson to explain the Staples
Credit Plan.
Robertson said the City staff has been utilizing Staples more
because both of the local stores, Corporate Express and Boise
Cascade, have removed supplies from their shelves and if you need
something in a hurry employees have to go outside the City.
The motion carried unanimously upon vote.
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HEAR THE PUBLIC
James R. McDonald, McDonald Architects, gave a slide presentation
of the Central School Museum project and informed Council members
that Central School is about eighty percent (80%) complete and
should be ready for occupancy around the end of October.
Jackie Holt, 347 2"d Avenue West, President of Hotel & Restaurant
Employees Union Local 427, said she wants to inform the Council
that Cavanaugh's Hospitality Corporation has a union contract before
the Food and Beverage Membership, but has failed to give
recognition to the Housekeeping Department. She said a delegation
is traveling to Spokane tomorrow in an attempt to meet with
Cavanaugh's Board Members and request recognition.
Denise Shelly, 2160 Airport Road #6, stated the Housekeeping
Department wants to build a partnership with Cavanaugh's
Corporation. She said employees feel that by unionizing, they can
better their situation and provide a trained reliable work force
for the employer.
Roxanne Brothers, 786 4L" Avenue West North, asked the Council to
explain the procedure for reviewing the applicants for City
Manager. Brothers added that it "worries" her that one candidate
has been singled out in the press with comments by Council members.
Damian Warner, 306 East 3ru, Whitefish, said he works at Grouse
Mountain Lodge and supports workers at the Outlaw Inn in their
efforts to form a Union.
Neier announced that Frank Garner has been appointed Chief of
Police and he feels Garner has demonstrated the skill, background
and ambition to best lead the Kalispell Police Department. Neier
said the appointment is subject to Garner's successful completion -
of the probationary conditions of the Employee Handbook and
compliance with all conditions set forth in the job announcement.
Garner stated he is "greatly honored" to be appointed Police Chief
and has high regard for the Police Department, adding that it's
gratifying being a "local kid" that grew up to be Police Chief. He
said he will do everything he can to maintain the high level of
standards the Police Department is known for.
RESOLUTION 4430 - STOP SIGN - 8'"�STREET WEST & 8T11 AVENUE WEST
Neier explained the intersection has one of the -highest accident
rates of any uncontrolled intersection within the City and Police
Chief Frank Garner is recommending that stop signs be erected for
east and west bound traffic on 8" Street. He said Resolution 4430
authorizes the placement of the signs and Council passage is
requested.
Van Natta moved Resolution 4430, a resolution approving the
placement of a stop sign in the east and west bound lanes on 8`h
Street West at its intersection with 8" Avenue West and declaring
an effective date. The motion was seconded by Scarff.
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There was discussion.
Donahue stated he feels it's not necessary to have a stop sign at
that street and having stop signs "willy nilly" in the City is a bad
thing when the real problem is the over growth of bushes and the
failure to trim trees that obscure the intersections. He said the
City has an ordinance that requires property owners to trim bushes
and trees near intersections. Donahue said the Police Department
needs to give notices to the owner of properties in violation of
this ordinance and if the problem still exists after fifteen days,
the owner needs to be ticketed. He said putting in a stop sign is
the wrong remedy and is like "trying to kill a gnat with a shotgun."
Larson said he doesn't see the recommendation as "willy nilly"
installation of a stop sign. He said the Council has a letter from
a resident who has seen several accidents at the intersection, the
Police Department has recommended the stop sign, and he encourages
everyone to vote for it.
Graves concurred with both Donahue and Larson stating the stop sign
should be erected and the intersections should be cleaned up.
Garner agreed, saying there are intersections that need to be
looked at, however this intersection is the worst one in the Valley
for right of way violations and he thinks the matter needs to be
addressed immediately.
The motion carried upon roll call vote with Graves, Larson, Scarff,
van Natta and Nystul voting in favor, and Donahue and Haarr voting
against.
RRSOLUTION 4431 - BUDGRT TRANSFERS
Neier explained that at the end of the budget there are always some
line items for which expenditures have exceeded appropriations and
vice versa. He said as long as the total expenditures do not exceed
the total appropriations, the City is authorized to transfer among
appropriations to compensate for the shortfalls. Neier stated
Resolution 4431 is a "housekeeping matter" and should be adopted by
the Council.
Haarr moved Resolution 4431, a resolution to approve a transfer
among appropriations within a general classification of
expenditures as adopted by the City of Kalispell Budget for 1998
Fiscal Year. The motion was seconded by Graves.
There was no discussion.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Scarff, Van Natta and Nystul voting in favor.
ORDINANCE 1291 - BUILDING FEE - 2ND READING
Neier said the Council discussed this ordinance on August 17 and
made editorial changes which have now been incorporated in the
document.
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Larson moved the second reading of Ordinance 1291, an ordinance
amending Ordinance No. 1221, Section I, by establishing fees for
building permits issued within the jurisdictional area of the City
of Kalispell, Montana, Building Department of eighty percent (80%)
_of the fees authorized by the Uniform Building Code, 1988 Edition,
and establishing an effective date. The motion was seconded by
Graves.
There was no discussion.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Scarff, Van Natta and Nystul voting in favor.
ORDINANCE 1292 - ZONING FEE - 2"D READING
Neier explained in conjunction with Ordinance 1291, this ordinance
institutes a zoning fee based upon the cost of the building permit
fee. He said the Council adjusted the recommendation of the twenty
percent (20%) to twenty five percent (25%) of the building fee.
Neier stated Ordinance 1292 has been changed to reflect Council's
recommendation and is now ready for second and final reading.
Donahue moved the second reading of Ordinance 1292, an ordinance
establishing a zoning administration fee of twenty five percent
(25%) of the building permit for all building construction within
the City of Kalispell, Montana, and declaring an effective date.
The motion was seconded by Haarr.
There was no discussion.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Scarff, Van Natta and Nystul voting in favor.
ORDINANCE 1293 - SALARY - 2ND READING
Neier told the Council that AFSCME employees became entitled to a
salary increase on July 1, 1998. He said in addition, Staff has
recommended a salary range increase of five percent (5%) for
appointed officers, supervisors and other salaried employees.
Neier said Ordinance 1293 passed first reading on August 17 and is
ready for second and final reading.
Scarff moved the second reading of Ordinance 1293, an ordinance
amending Ordinance No. 1277, 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
therein. The motion was seconded by Larson.
There was no discussion.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Scarff, Van Natta and Nystul voting in favor.
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ORDINANCE 1294 - ZONE CHANGE - WILLIAM NEAL HAMMER - RA-1 TO B-4
1ST READING
Neier said William Hammer, D.D.S., operates a dental office located
at 140 Fifth Street West in Kalispell and although the office has
existed at this location for many years, it is located in a Low
Density Residential Apartment District and is therefore non-
conforming. He said because Hammer desires to expand the facility,
and not his practice, -the City -County Planning Board voted
unanimously to allow the zone change to Central Business.
Graves moved Ordinance 1294, 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
the north 17 feet of Lot 17 and Lot 18, Block 87 of Kalispell
Original located in Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County (Previously Zoned City RA-1, Low Density
Residential Apartment) to B-4 (Central Business), in accordance
with the City -County Master Plan, and to provide an effective date.
The motion was seconded by Haarr.
There was discussion.
Donahue said because only part of Lot 17 is affected, this is spot
zoning. He said the change would result in Lot 17 having two
separate zoning classifications.
Neier said the zone change would have minimal impact on the area.
Nystul stated his only concern is the B-4 designation, which allows
approximately seventy four (74) uses, sitting in a residential
area. He said zoning for a neighborhood professional office would
be more appropriate.
Donahue moved to table the ordinance.
The motion died for lack of a second.
The motion carried upon roll call vote with Graves, Haarr, Larson,
Scarff and van Natta voting in favor, and Donahue and Nystul voting
against.
KALISPELL BYPASS ACCESS CONTROL
Neier explained the City has received a letter from Neil
Consultants Inc., discussing limited access controls to_be placed
on the Kalispell Bypass. He said City approval of the limited
access control is required for final MDOT action on the project.
Public Works Director Jim Hansz said Neil Consultants assured him
this is a "crossing the t's, dotting the is type of process" that
allows them to move forward with the project. He said even though
a construction date has not been set, several property owners have
expressed interest in selling their property to the State for right
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of way and the State can't do anything until the City agrees to the
bypass as a limited access facility. Hansz added the State isn't
asking the Council to commit to a specific plan, just agree to the
concept of a limited access bypass.
Scarff asked if it's true the project may be ten or twenty years
down the road.
Hansz said it may be at least that long before funding is found for
a project of this size.
van Natta moved the Council concur with project NH 5-3(60)109 and
the recommendation of the State that the Kalispell Bypass be a
limited access facility. The motion was seconded by Scarff.
The motion carried unanimously upon vote.
APPOINTMENT - VILLAGE COUNTY SEWER DISTRICT BOARD OF DIRECTORS
By statute, the City is entitled to membership on the board of a
sewer or water district which serves persons residing with the
corporate boundaries of the City. Village County Sewer District
serves Fairway Boulevard Estates, Buffalo Stage and River View
Greens, all located within the City limits. The term of current
board member Marlys Davis has expired and she has indicated a
willingness to continue her service. Nystul said Mayor Boharski
has recommended that Davis be reappointed.
Donahue moved to concur with the Mayor's recommendation and appoint
Marlys Davis to the village County Sewer District Board of
Directors. The motion was seconded by Haarr.
There was discussion.
Donahue commented that Davis has been serving on the Board for
seven years without reappointment. He said Board appointments
should occur every four years and the City needs to set up a better
tickler system to keep track of them.
The motion carried unanimously upon vote.
AUTHORITY TO BID - SNOW BLOWER
The Public- Works Department is requesting the authority to
advertise for bids for a loader mounted snow blower which was
approved during the budget process.
Graves moved to give the Public Works Department the authority to
advertise for bids for a loader mounted snow blower. The motion
was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
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COUNCIL. GOMMENTi-IINFOR_MATION/O�j.�'•�T D
Larson asked Neier if the Council has a written procedure for
selecting a new City Manager.
Neier answered the same procedure is being followed that was used
when the previous manager was hired. He said the Council will be
receiving the applications after the meeting and he suggests
Council members pick ten or fifteen top candidates. Neier said
after that, a workshop will be held to narrow the list down to six
or seven and then reference checks will be done. He said by the
end of October he hopes the Council will agree on three to five
candidates to interview personally.
Nystul asked Neier to develop a written procedure and time table so
the Council knows exactly what's expected of them.
Donahue said he's looked at the Glacier Gold Contract for the
disposition of the City's sewer plant sludge, and he feels there is
room for improvement to protect the City in the event of a default
or violation. He asked for Council permission to discuss the
contract with the City Attorney and make possible changes for the
next workshop.
There was no objection.
Haarr said he received a citizen complaint today about the weeds in
the Equity Supply block and he would like to know what is going to
happen to that property and if there's anything Neier can do to get
the owners to cut the weeds.
Neier said he would check into it.
ADJOURN
The meeting was adjourned at 8:25 p.m.
Wm. E. Boharski, Mayor
ATTEST:
Theresa white
Clerk of Council