06/03/96 City Council Minutes880
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JUNE 3, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS
JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN GRANMO, DALE
HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY ATTORNEY GLEN
NEIER AND INTERIM CITY MANAGER AL THELEN 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.
Approve Minutes -Regular Meeting May 20, 1996
Collins moved to approve the minutes from May 20, 1996. The motion
was seconded.
The motion carried with a vote.
Special Meeting May 28. 1996
Collins moved to approve the minutes from the special meeting of
May 28, 1996. The motion was seconded.
The motion carried with a vote.
Approve Claims per Payables Register
Kennedy moved to approve the claims. The motion was seconded.
Upon vote the motion carried.
ADDRESSING THE COUNCIL
Historical Society
Linda Collins, 302 Salish Court, spoke in support of the Historical
Society and the efforts made toward turning Central School into a
museum.
Fire Hydrant Painting
Kim Moss, Fairmont Egan area, explained his new project to
refurbish and add to the downtown by painting the fire hydrants as
business characters. He has received approval of the Fire
Department, Water Department, Architectural Review Committee and
the Mayor and would like Council approval.
TIE
Con Lundgren, 137 Fairway Boulevard, spoke against the expansion of
the mall.
Parks Department Budget Cuts
Richard Kuhl, 867 North Main, read from a memo asking 7 different
questions regarding the proposed budget cuts for the Parks
Department, which he is against.
Lawrence Park Update
David Downey, 344 6th Avenue East, thanked the Council for their
support in the improvement of Lawrence Park. He gave an update on
Lawrence Park and the improvements. He requested consideration of
goals of developing the play field area irrigation, investment of
the park, and closing at night due to vandalism. He also suggested
volunteers for parks.
Tax Increment District Expansion
Margie Simpson, 55 Buffalo Hill Drive, Chairperson School District
#5 Board of Trustees, referred to an earlier request by the Board
to meet with Council concerning the expansion of the tax increment
district. Council responded to meet at a later time. She
requested reconsideration of meeting with the trustees.
0 88
881
Rauthe stated the request would be considered to meet sooner.
TIE
The following spoke in favor of expansion of the TIF District:
Tom Myer, Kalispell Center Mall, representing Goodale & Barbieri
Bill Goodman, 1275 Lower Valley Road, representing Depot Square
Steve Olson, Norwest Bank president, representing the KDC
John McMillan, 258 Juniper Bend, Glacier Bank president
Wayne Saverud, 530 2nd Avenue East
Jeanne Parson, 337 Blue Spruce Lane, Chamber of Commerce president
Gordon Pirrie, Norm's News
Chuck Mercord, 42 Hillcrest Drive
The following spoke against the expansion of the TIF District:
Jack Fallon, 629 Shadow Lane
Howard Hammer, 717 2nd Avenue West
City Manager Selected
Mayor Rauthe announced the Council selected Clarence Krepps as the
new city manager.
PUBLIC HEARING
The purpose of this hearing is to receive
proposal to raise the water connection
1996 and apply a five percent (5%) index
through the year 2013.
Proponents
None
opponents
Jane Powell, 1719 Foys Lake Road
Kit Hunter, 460 1st Avenue East North
Jim Thompson, 116 River View Drive
Al Sylling, 791 Springwood Lane
Jim Lee, 691 Browns Meadow Road
public input regarding a
fees commencing June -July
for future connection fees
A letter was received from Meredith Construction Company in
opposition.
Rauthe closed the public hearing.
ORDINANCES & RESOLUTIONS
Ordinance 1240-Establish Citv Court Fees -1st Reading
As part of the budget process the Council directed that an
Ordinance be drafted assessing City Court fees to increase revenue.
Ordinance #1240 establishes fees as follows: a) $5.00 for posting
bond or pleading guilty; b) $20.00 for pleading not guilty; c)
$10.00 administrative fee for contract in City Court and d)
interest on contracts at 10%. It is anticipated these fees will
generate about $20,000 additional revenue per year.
Larson moved Ordinance 1240, an ordinance amending Ordinance No.
1166 by establishing City Court fees for criminal actions,
declaring an effective date and authorizing the City Attorney to
codify the same. The motion was seconded.
There was discussion.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, and Rauthe voting in favor
and Nystul voting against.
Ordinance 1241-Amend Ordinance on Sale or Possession of
Intoxicating Beverages on City Property -1st Reading
Over the past couple of years the City has received a few requests
to either sell, consume or possess alcoholic beverages in various
City parks from various organizations or conventions.
I
088t?
882
Currently the City Ordinance does not allow for the requested
activities and the Council has allowed some functions on an ad hoc
basis. Ordinance #1241 provides a method by which the Council
could issue permits to sell, consume, or possess beer and wine.
only. on City owned property.
Kennedy moved Ordinance 1241, an ordinance prohibiting the sale,
consumption or possession of alcoholic beverages in or upon any
buildings or other property owned or occupied by the City and upon
any street or sidewalk, except as permitted by the City Council.
The motion was seconded.
Donahue moved to amend the motion to add Section F as follows:
This ordinance shall not be applicable on any property within the
City which, although owned by the City, is in the long term
possession and control of any party who has possession and control
of said property as the result of a contract, lease or other
agreement with the City. The motion was seconded.
There was discussion.
The amendment carried with a vote.
With a roll call vote the amended motion carried with Atkinson,
Collins, Donahue., Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe
voting in favor.
Resolution 4267-Water Hook -Up Fees
The Council considered Resolution #4267 as a result of the Public
Hearing. A full schedule of the indexed connection fees was
submitted. The schedule indicates a 5% index.
Asst. Engineer John Wilson explained the rate structure.
Atkinson moved Resolution 4267, a resolution to adopt the fees, ,
schedules, rates, charges and classification imposed on the
customers of the City of Kalispell Water Utility. The motion was
seconded.
There was discussion.
Kennedy moved to table the motion until the next Council meeting of
June 17, 1996. The motion was seconded.
The motion carried unanimously with a vote and was tabled until
June 17, 1996.
Resolution 4268-Woodland Court Change Order
There has been a request for a change order on the South Woodland
contract for affordable housing from Thomas, Dean and Hoskins. One
of the items requested involved a $8,261.11 increase occasioned
because of a MDEQ requirement to separate water and sewer lines by
18 inches and a County requirement that all backfill be non -shrink.
One other request for $5,000 for asphalt replacement was occasioned
because neither the contract with A-1 or NUPAC contained adequate
provisions for street and driveway pavement replacement and were
not part of either contractor's bid.
Larson moved Resolution 4268, a resolution to alter and amend the
plans and specifications of contract with Pack & Company on the
Woodland Court project. The motion was seconded.
Kennedy abstained from discussion and vote.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Granmo, Haarr, Larson, Nystul and Rauthe voting in favor.
883
Resolution 4269-Intent to Create Urban Renewal -Downtown Projects
At -the workshop on May 28, 1996 the Council discussed some of the
proposed Urban Renewal Projects contained in Resolution 4269 in
depth and all the projects in general. Resolution 4269 declares an
intent to create all ten of the proposed projects and sets a Public
Hearing for July 1, 1996.
Kennedy moved Resolution 4269, a resolution calling a public
hearing on a proposed modification of the Kalispell, Montana Urban
Renewal Plan to approve certain projects as Urban renewal projects.
The motion was seconded.
Thelen introduced Kreg Jones of D.A. Davidson and Mae Nan Ellingson
of Dorsey & Whitney, who explained and answered questions in
regards to the bonding.
There was discussion.
Donahue spoke against the motion.
With a roll call vote the motion carried with Atkinson, Collins,
Granmo, Kennedy, Nystul, Larson and Rauthe voting in favor and
Donahue and Haarr voting against.
BUSINESS FROM MAYOR & COUNCIL
Board of Adjustment Appointment
There will be an opening soon on the Board of Adjustments. The
opening was announced and Rick Goacher, a current member on the
Board, requested reappointment.
Atkinson moved the reappointment of Richard Goacher to the Board of
Adjustments. The motion was seconded.
The motion carried with a vote.
Rauthe thanked Goacher for serving on the board.
BUSINESS FROM MANAGER
School District #5-Russell School -Conditional Use Permit
School District #5 has requested a conditional use permit to allow
the construction of a modular classroom at Russell School subject
to three conditions.
Kennedy moved the Council grant the conditional use permit to
School District #5. The motion was seconded.
Upon vote the motion carried.
Bauder Bed and Breakfast -Conditional Use Permit
Rebecca C. Bauder has made an application to operate a Bed and
Breakfast in the Keith Mansion located at 538 5th Avenue East. The
mansion is on the National Register of Historical Buildings. The
grant of conditional use, subject to 18 conditions was recommended.
Granmo moved the Council grant the conditional use permit to
Rebecca Bauder for the Keith Bed and Breakfast. The motion was
seconded.
There was discussion.
The motion carried with a vote.
Markley Personal Care Facility -Conditional Use Permit
An application has been made for a ten (10) room personal care
facility to be located on Lot 4, Liberty Village Subdivision, which
is at the west end of Liberty Street. The facility will not be
providing nursing care and is to be occupied by persons capable of
independent living. A grant of conditional use with eight (8)
conditions was recommended.
I
0884
884
Kennedy moved the Council approve the conditional use permit to
Jack and Viola Markley for the Personal Care Facility. The motion
was seconded.
There was discussion.
The motion carried with a vote.
Ambulance/Water Write -Offs for FY 95-96
Thelen recommended the annual ambulance and water write-offs.
Ambulance write-offs total is $52,505.84 and water write-offs are
$1,726.71.
Atkinson moved the Council approve the ambulance and water write-
offs for 1996. The motion was seconded.
Upon vote the motion carried.
Bid Award -Depot Building Exterior Finish
One bid was received and opened on the Depot Building exterior on
May 29, 1996. The bid was in the amount of $31,979 from Lilienthal
& Schuman Insulation. Ross Plambeck submitted a memo recommending
the award to Lilienthal & Schuman in the amount of $31,979.
Larson moved to award the bid to Lilienthal and Schuman Insulation,
for the Depot Building exterior finish in the amount of $31,979.
The motion was seconded.
With a vote the motion carried.
Saturday Work Shon
Thelen reminded Council of the budget work session on Saturday.
STAFF REPORTS
Budget Work Session Saturday -June 8, 1996 9-12 p.m.
Next Work Session June 10, 1996 7:00 p.m.
Special Meeting June 11, 1996 12:00 p.m.
Next Regular Meeting June 17, 1996 7:00 p.m.
Montana League of Cities and Towns Regional Meeting
2:00 p.m.
ADJOURN
The meeting was adjourned at
ATTEST:
Debbie Giffo d C
Clerk of Cou
Approved 6/17/96
1-3 p.m.
June 6, 1996
9:59 p.m.
lo, 4- a�
Doug s D. Rauthe, Mayor
1