07/06/92 City Council Minutes04
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JULY 6, 1992, IN HECOUNCIL CHAMBERS AT CITY HALL.
MAYOR RAUTHE PRESIDED. ALL WERE PRESENT.
Mayor Rauthe called the order and led the Pledge of
Allegiance.
INTRODUCTIONS
City Manager Williams explained the recent retirement of Sgt. Ray
Dyer created a sergeant position opening and he introduced Gene
Holliday, who upon Council approval will be filling the position
effective July 1, 1992.
As another result of the retirement, Williams rit.roduced John
Ortiz to fill the officer appointment with Council confirmation.
Williams also introduced Officer Mark Mulcahy, who was approved
`or appointment April 6, 1992 and was unable to attend the
meeting.
He excused the officers and noted that later in the meeting he
will be asking for confirmation.
Mayor Rauthe welcomed the officers and they were applauded.
CONSENT AGENDA
Approve Minutes -June 15, 1992
Approve Claims per Payables Register
Buck moved the approval of the consent agenda. The motion was
seconded.
The motion carried with a vote.
ADDRESSING THE COUNCIL
Kent Nelson, P.O. Box 3066, Kalispell, owner of the Poston
Addition property, was present for any questions regarding
Resolution 4057.
ORDINANCES & RESOLUTIONS
Resolution 4057-Poston Addition -Preliminary Plat
Atkinson moved Resolution 4057, a resolution conditionally
approving the Preliminary Plat of the amended Plat of Lot 12,
Block 1, Poston Addition to Kalispell located in the SW 1/4 SW
1/4, Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana. The ;!notion was seconded.
Upon roll call vote the motion. carried.
Resolution 4058-Refinance Bonds -Immanuel Lutheran Home
Collins moved Resolution 4058, a resolution approving issuance by
the City of refunding revenue bonds on behalf of Immanuel
Lutheran Corporation of Kalispell, Montana for Senior Housing
Project. The motion was seconded.
City Attorney Neier explained that the primary purpose for
industrial development revenue bonds is to allow an industry to
finance a proposition with tax free `bonds. If the industrial
development revenue bonds are issued by the city, then under
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certain circumstances they are tax free to the person who buys
the bonds. Generally the interest on those bonds is maybe
slightly or significantly lower than market securities. This was
previously done by the Buffalo Hill Terrace and those bonds were
sold during higher interest rate time and if they can refinance
them there will be significant savings to the Immanuel Lutheran
Home Corporation.
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Williams noted historically these types of bonds have been used
to promote economic development benefiting local governments
across the country. They have been available for both public and
private kinds of activities.
Granmo questioned why the amount was for $7 million when it was
originally issued was $6,545,000?
Attorney. Steve Cummings, representing Immanuel Lutheran Home,
stated it was set at $7,000,000 but will probably be
substantially less than that. They are going to be doing a
slightly higher amount of bonds this time because of the cost of
issuance, which is primarily the cost of the underwriting of the
bonds that is going to be financed.
The motion carried with a roll call vote.
BUSINESS FROM MAYOR & COUNCIL
Parking Advisory Board Appointments
Mayor Rauthe stated the Parking Advisory Board appointments will
be made at the next meeting.
BUSINESS FROM MANAGER
Conditional Use Permit -Getman Bed & Breakfast
The Kalispell Planning Board met June 9th and held a public
hearing on a Bed & Breakfast CUP request. The request was made
by Sheryl Getman for a CUP to allow for a Bed & Breakfast in an
existing residence located at 538 5th Avenue East. The Planning
Commission considered the public testimony and the FRDO Staff
report. The Commission voted to accept the s�-.aff report and
recommended to City Council that the Getman Bed & Breakfast be
granted a conditional use permit with 13 conditions.
The conditions are outlined in the Planning Commission letter
dated June 11. Williams recommended that council approve the CUP
as per the Planning Commission's findings and recommendation.
Atkinson moved the council approve the conditional use permit for
the Getman Bed & Breakfast with the 13 conditions. The emotion
was seconded.
There were questions as to the 5 rooms, 10 person occupancy and
the usage.
Sheryl Getman explained there are 5 rooms, of which 1 has 2
queen beds and 1 room has 2 twins and a queen. She noted she
did not intend to have children staying, but did have 1 room that
could be used if needed.
With a vote the motion carried.
Conditional Use Permit-Westwind Village Apartments
Williams referred to the memorandum from the Planning Commission
concerning the general reason for the request including the
recommendation concerning the conditional use permit. The CUP
would allow Westwind Village, a Montana Limited Partnership, to
construct an apartment complex consisting of 34 residential
units. The site of the proposed apartments is located off of Two
Mile Drive, adjacent to the new Kalispell Senior Apartments. By
motion the Planning Commission adopted the FRDO Staff report as
findings of fact and recommended to the City Council that a
conditional use permit be granted to Westwind Village Apartments
with 12 conditions. These conditions are outlined in the
Planning Commission letter dated June 11, 1992. Condition #4 as
discussed at the work session of last week required the
developer to build a public street to be built 28' back of curb
to back of curb. The subject street has already been built to
271, less than the standard specified.
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Now the developer is requesting that the city accept the 27'
street claiming that a lack of communication was the reason the
street was built less than the required 28'.
A letter from the City to Mr. Ron Pack dated July 16, 1991,
specifically spells out under what standards the street was to be
built.
In addition, the recent conversation between Public Works
Director and Mr. Pack, which had taken place concerning the
matter, was prior to the street being built. The conversations
included a verbal reminder from Mr. Babb to Mr. Pack of the
street standard requirement.
Failing to accept this as a public street, could possibly result
in this project not being funded. The community could lose the
benefit of 34 rental units.
Williams felt there were three options.
The options are:
1. Require the developer to honor all 12 conditions with
no exceptions.
2. Require the developer to honor all 12 conditions except
modifying condition #4 to read a 27' street.
3. Require the developer to meet all 12 conditions but
modify condition #4 accepting the 27' street (provided
it has been properly built) and penalize the developer
by imposing the provision as outlined in Robert Babb's
memo dated July 2, 1992.
Babb suggested in his memo that the contractor consider a penalty
for disregard of the policy. That it should be a $5,000 cash
penalty which represents the amount of money that the developer
would have to pay to have the street built after the fact to the
28' standard and require the developer to dedicate a 60' right-
of-way through adjacent property for the future extension of the
street Corporate Way.
Williams felt comfortable that the penalties were commensurate
with the disregard for the policy. Since this memorandum was
written, he has talked with Ron Pack. He also has talked with
the developer Alpha Group senior partner, Ed Mackey. Mackey
asked Williams to relay a couple items to the council.
1. He asked if Council would consider postponing a decision on
this until he could come up from California.
Williams told him he did not think Council would like to consider
that because this was not a public hearing and the communication
concerning the street was not directed to Alpha Company or to Mr.
Mackey, but had been previously directed to the property owner
Mr. Pack. The communication breakdown was between Mr. Pack and
the City as opposed to Mr. Mackey (representing the developer)
and the City.
2. Mackey wanted Williams to let Council know that there was a
discussion between himself and Mr. Babb concerning the issue
related to the street width.
Mr. Mackey was concerned that we be aware there was
communication at least preliminarily between his company and the
city a few months ago, prior to the time the street had been
actually constructed.
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Williams stated after reviewing the circumstance and the fact
that over the last several months the city has had continuing
discussions and even reduced to writing what the city's intent
was with respect to this street. There should have been no
confusion and no mix up concerning what standard the city wanted
the street built to. Because of that he recommended the City
Council accept the 27' street, imposing the penalties outlined in
Mr. Babb's memo and granting the conditional use permit with the
remaining 11 conditions.
Williams stated the 4th condition needs to be modified as per the
recommendation of the manager and then adopt the findings with
the 12 conditions.
Atkinson stated he was in favor of option No. 1 requiring all 12
conditions with no exceptions. This city needs to live up to its
standards and not be over run by developers.
Kennedy felt a $5,000 penalty was too extreme against the
developers.
There was discussion.
Kennedy moved to grant the conditional use permit changing
Condition No. 4 to read 27' road, have a one time donation from
the developer of $2,500, putting up the street signs and no
parking signs, curb painting where necessary, the 60' right of
way easement and the city accept the road as a city street. The
motion was seconded.
There was 'more discussion.
Ron Pack attempted to explain the sequence of events to the
Council and admitted the city was not responsible.
Atkinson spoke against the motion.
Collins felt the $5,000 was excessive and that the $2,500 was
also excessive. Collins moved to amend the penalty amount to
$1,500 and eliminate the 60' right-of-way dedication. The motion
was seconded.
There was more discussion.
Moses spoke against the amendment to the motion. She was not in
favor of either the $2,500 or the $1,500, she felt Babb's $5,000
recommendation was reasonable.
Nystul spoke in favor of the amendment and the original motion.
The amendment carried upon vote with Atkinson, Buck, Rauthe and
Moses voting against.
Williams noted the city did not have the opportunity to inspect
the street, and that condition should be included.
Kennedy moved to amend the city accept the street as 27' after
the city has inspected it and it meets the rest of the city
standards. The motion was seconded.
The amendment carried with Buck, Moses and Atkinson voting
against.
Upon vote the original motion with both amendments carried with
Atkinson, Buck, Moses and Rauthe voting against.
Authority to Bid -Tennis Courts
Collins moved the Council approve authority to bid resurfacing of
the tennis courts. The motion was seconded.
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The 1993 budget has a provision for this item. At the last work
session Williams asked Council permission to proceed without the
budget having been approved yet so the tennis players of the
community could have benefit of playing on resurfaced tennis
courts this summer.
With a vote the motion carried.
Confirmation of Police Officer
Williams requested confirmation of the appointment of John Paul
Ortiz to the position of police officer effective July 1, 1992.
Kennedy moved Council confirm the appointment of John Paul Ortiz
to Kalispell Police Officer effective July 1, 1992. The motion
was seconded.
The motion carried upon vote.
Confirmation of Police Sergeant
Williams also requested Council's confirmation of the appointment
of Gene Holliday to the rank of sergeant.
Atkinson moved council confirm
to the position of sergeant with
The motion was seconded.
With a vote the motion carried.
the appointment of Gene Holliday
the Kalispell Police Department.
_Fire Department Temporary Position
Williams requested permission to hire Kevin Hadley -as a temporary
firefighter. A regular firefighter is on Worker Compensation
with a back injury and will be off until at least September and
possibly longer if he has surgery. The firefighter trainee has
been placed on the shift to cover and now a person is needed to
cover vacations and sick leave. Additional cost for this person
will be about $200 per month for no longer than six months.
Hadley was rated #2 on the hiring list and is willing to come to
work as a temporary firefighter.
Buck moved the city manager be authorized to proceed with hiring
a temporary firefighter for approximately six months. The motion
was seconded.
Upon vote the motion carried.
Recognition -David Greer
Mayor Rauthe read letters of appreciation and commendation for
David Greer who is leaving the Flathead Regional Development
Office. The letters read were from the City of Kalispell City
Council and City Manager, Sharon Stratton, Board of
Commissioners, County Planning Board Zoning Commission, Flathead
Regional Development Office Planning Director, Steve Herbaly.
Rauthe presented the letters to Greer and wished him luck and
thanked him.
Greer was applauded and received a standing ovation.
Executive Session
Rauthe recessed the meeting to an Executive Session at 8:45 p.m.
The Executive session adjourned at 9:45 p.m. and the Regular
meeting resumed.
Ratify Kalispell Police Association Contract
Williams asked for council consideration to ratify the contract
with the Kalispell Police Association. He summarized the
elements of the new contract and asked for authority to sign the
agreement with the Kalispell Police Association.
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Atkinson moved the council ratify the contract with the Kalispell
Police Association for a 3 year term. The motion was seconded.
The motion carried unanimously with a vote.
STAFF REPORTS
Next Work Session 7/13/92 7:00 p.m.
Next Council meeting 7/20/92 7:00 p.m.
ADJOURN
The meeting was adjourned at 9:55 p.m.
Dougl D. Rauthe, Mayor
ATTEST:
y H obertson, Finance Director
Debbie Gifford, Clerk of Council
Approved July 20, 1992