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04/07/97 City Council Minutes1014 1014 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 7, 1997, 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 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 B. Approval of Claims per Payables Register-$308,831.73 C. Award Bid-2nd Street East Manhole Replacement D. Award Bid -Architectural Services -Samaritan House Krepps asked Item D be removed. Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. HEARING THE PUBLIC Haarr asked everyone to remember Spence Ryder as he passed away April 13t. He noted he was one of the founding members of the Over the Hill Gang and spent a lot of time in Glacier Park. He wanted to remember Spence and to remember his family. PUBLIC HEARING West Valley Neighborhood Plan Proponents None Opponents None Rauthe closed the public hearing. VERBATIM PROCEEDINGS OF THE PACK/NUPAC ISSUE ARE ON FILE IN THE CLERK OF COUNCIL'S OFFICE. Pack & Company Request -Master Plan Amendment Industrial to Commercial Proponents The following spoke in favor of the proposed zone change. Michael Jackola, Jackola Engineering, handed out a compilation of 12 items from the County document that were to be used as criteria to evaluate this. Jim Lynch, owner of the property, presented a picture of the property, and spoke in favor of the proposal. He gave Council a handout of letters that were received, also in favor of the proposed project. Kalispell Chamber of Commerce Flathead Valley Community College Board 1015 1 1 Duane Hagadone, Hagadone Corporation (neighbor David Waatti, President of City Service Flathead Land Consultants Dan Henderson (multiple property owner) Dick Uskoski Bruce Severson (Semitool, Inc.) Jean Parson (lives in Ponderosa subdivision) Pete Fennelly (West Valley Property owner) James and Julie Tibbs (County property owner) Earl McPeek Jack Robertson (Country Estates resident) Steve Petrini (Indian Trail) Mike Jackson (Country Estates resident) he also wrote a letter to a Country Estates representation he made on his behalf Steve Holleher (Ole's Country Stores) Dick Sonju (owns body shop north of NuPac) John Dudis (Indian Trail) Roy Chattin (Country Estates) Paul Graham (Country Way) 1015 to the north) board member in a Dan Johns, letter addressed concerns as to the property from State Lands and endorses the project Rich DeJana, same concerns as Johns The hearing continued. David Riddle, realtor representing Pack & Bruce Severson, representing Ray Thompson, Directors at Semitool Larry Lee, 2545 Highway 93 North Steve Hanson, representing City Service and himself. Thor Jackola, Jackola Engineering Don Lloyd, 126 Winchester City leasing Company Chairman of the Board of the Dasen Companies and Dan Henderson, Bigfork Bob Riso, Whitefish, President of the Kalispell Chamber of Commerce Steve Petrini, 2265 Mission Drive North Peter Fennelly (Mackinaw and Company owner, homebuilder) Opponents Dale Luhman, Country Estates Suzanne Brown, 137 Ponderosa Lane, Ponderosa Estates Rauthe closed the public hearing. Resolution 4323-Adopt West Valley Neighborhood Plan This plan was unanimously recommended for approval by the City - County Planning Board on December 10, 1996. Amendments to the plan have been adopted by the County Commissioners on February 19, 1997. Haarr moved Resolution 4323, a resolution adopting a recommended Neighborhood Plan amendment to the Kalispell City -County Master Plan. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4324-Adopt Revise or Reject Master Plan Amendment Industrial to Commercial -Pack & Company Request A request to amend the Master Plan for a 20-acre site on Highway 93 North has been processed through the City -County Planning Board. The Findings of Fact were adopted by the Planning Board. The board voted to recommend denial of the Master Plan. Many questions are raised by this request that relate to the City's overall economy, future retail growth, proper usage of this corridor, and relationship to historical decisions for growth control within this area. 1016 1016 In reviewing the minutes, discussion points, and Findings of Fact, there is one factor of City Manager Krepps' major concern. The fact that the City is currently in the process of updating the entire Master Plan is extremely important and relevant. It's relevancy is that a change may be needed or desired for these parcels in the 93 North corridor, but the longer general process will be a more rational and less emotional decision making alternative. He concurred with staff's analysis and with the recommendation of the Planning Board. He recommended that Council continue the historical stance for this corridor by denying the Master Plan amendment for this parcel. This will allow the more general process to determine the best usage for the North 93 corridor. This will also allow the decision to be made without the immediate pressure of economic interests pressing a decision that may be a long term growth problem. Collins moved Resolution 4324, a resolution adopting a recommended amendment to the Kalispell City -County Master Plan. The motion was seconded. Kennedy stated she was employed at NuPac and believed she did not have a conflict of interest. On July 9, 1996 she requested a legal opinion from City Attorney Glen Neier about the appropriateness of voting on issues involving her employer. He stated section 2-2-125 MCA, which indicated that if she comply with the voluntary disclosure, that there is not violation of the code of ethics. Haarr and Donahue spoke against the appropriateness of Kennedy entering into discussion and voting. Kennedy spoke in favor. Collins, Atkinson and Larson spoke in favor of her continuing. Narda Wilson, FRDO, gave a presentation very similar to the one that was given at the Planning Board meeting and the basis for their recommendation for denial. The Kalispell City -County Planning Board considered this matter at the February, 1997 meeting and held a public hearing. At the public hearing the FRDO staff recommended that the Planning Board deny the requested Master Plan amendment primarily because it does not comply with the goals, policies and objectives of the Master Plan. The Planning Board adopted the staff report as findings of fact and has recommended to the City Council and the County Commissioners that the request be denied. Neier reviewed an analysis of the spot zoning issue, and cases that had gone to the Supreme Court and the outcome. He also reviewed other items of concern that had not been mentioned. There was very lengthy discussion with questions to the City Attorney and his explanations. Donahue spoke against the motion. Collins spoke in favor of the motion. Granmo could support the Findings of Fact that would support the action but not as it is. Nystul spoke in opposition to Resolution 4324. Collins moved to table the discussion until the April 21st Council meeting. The motion was seconded. The motion carried upon vote with Atkinson, Collins Donahue, Granmo, Haarr, Kennedy and Mayor Rauthe voted in favor and Larson and Nystul voted present. 1 1 1017 1017 Ordinance 1261-Elected Officials Salaries -1st Reading Atkinson moved Ordinance 1261, an ordinance amending Ordinance No. 1228, 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., beginning January 1, 1998; repealing all other ordinances in conflict therewith. The motion was seconded. Rauthe read a narrative attempting to explain the role of mayor in the Council/Manager form of government. (A copy of this narrative is on file in the Clerk's office.) Nystul moved to amend the salary schedule by changing the salary of the Municipal Judge to $40,000 per annum. The motion was seconded. The intent of the maker of the motion was for this amendment to be effective for 4 years. There was discussion and Nystul, Donahue, Larson and Kennedy spoke in favor. Haarr spoke against the amendment. With a vote the amendment carried and Atkinson, Collins, Donahue, Granmo, Kennedy, Larson, Nystul and Rauthe voted in favor and Haarr voted against. Donahue moved to amend the ordinance to set the salary of the mayor at 1 1/3 times the salary of the council members. The motion was seconded. Nystul, Collins, Kennedy and Larson spoke in opposition. Granmo, and Haarr spoke in favor. Upon vote the amendment failed and Haarr, Donahue and Granmo voted in favor and Atkinson, Nystul, Collins, Kennedy, Larson and Rauthe voted against. Collins moved to amend the council salary to be $4,000 and the mayor to be $8,000. The motion was seconded. There was discussion and Larson, Donahue, Atkinson, Rauthe, Kennedy and Collins spoke against and Granmo and Haarr spoke in favor. With vote the amendment failed with Collins, Larson, Atkinson, Kennedy and Rauthe voting against and Nystul, Haarr, Donahue and Granmo voting in favor. Kennedy moved to amend the council salary to $5,000 and the mayor to $10,000. The motion was seconded. Donahue spoke against. Nystul called for the question. The motion failed and Collins, Donahue, Atkinson, Granmo, Haarr and Nystul voted against and Kennedy, Larson and Rauthe voted in favor. Collins moved to amend the council salary to $5,000 and the mayor to $9,000. The motion was seconded. Atkinson called for the question. The motion failed with Atkinson, Granmo, Nystul, Kennedy, Donahue, Larson and Rauthe voting against and Collins and Haarr voting in favor. Nystul moved to amend the council salary to $4,000. The motion was seconded. t 1018 The motion failed with Atkinson, Collins, Kennedy, Larson and Rauthe voting against and Donahue, Granmo, Haarr and Nystul voting in favor. The motion was seconded. Kennedy moved the council salary to $5,000. The motion was seconded. The motion failed with Larson, Kennedy, Collins and Rauthe voting in favor and Donahue, Granmo, Haarr, Nystul and Atkinson voting against. With a roll call vote the amended motion to increase the judge's salary to $40,000 and others remain the same carried with Atkinson, Kennedy, Larson, Nystul and Rauthe voting in favor and Collins, Donahue, Granmo and Haarr voting against. Resolution of Intent 4325-Master Plan Amendment -Gardner Auction The City rejected a previous request for a change in use of the Gardner Auction facility. At that time, the Council also directed staff to submit a request for a Master Plan Change and Zone Change on behalf of Gardner Auction. This is the follow-up action to that request. Upon review of the Findings of Fact, the unanimous vote to recommend by the Planning/Zoning Board, and the fact that this is the City's request, Krepps highly recommended approval of the change. A resolution of intent is needed to proceed with a public hearing date of April 21 at 7:00 p.m. After the hearing date, the zoning change will be on the May 5th Council Meeting Agenda. Nystul moved Resolution 4325, a resolution of intention to adopt, revise, or reject a recommended amendment to the Kalispell City - County Master Plan. The motion was seconded. With a roll call vote the motion carried with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4326-Refunding 1986 Sewer Revenue Bonds Since December, Finance Director Amy Robertson and Krepps have discussed reviewing these bonds. The investigation and information compiled by Robertson and D. A. Davidson representatives will allow a refunding of this issue. The refunding will save the City approximately $75,000-$100,000. Adoption of Resolution 4325 as compiled by D.A. Davidson and reviewed by the staff is required to begin the process. This resolution authorizes the Finance Director and City Manager to establish refunding procedures and allows the City to enter into a bond purchase agreement. Kennedy moved Resolution 4326, a resolution relating to sewage system refunding revenue bonds, Series 1997; authorizing the issuance and private negotiated sale thereof and delegating certain duties related thereto to the City Manager and Finance Director. The motion was seconded. The motion carried upon roll call vote with Atkinson, Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Parade Permit Staff compiled a form that is recommended for parade applications. This form addresses the major points of risk management. The insurance requirements that are proposed will assist in protecting the City taxpayer from suits/payments resulting from parade activities. 1019 1019 The form will also assist the applicant/sponsor of parade in planning and directing them to the proper departments for a complete application. Krepps and Police Chief Clark, recommended approval of the form to verify the insurance requirements of all parade sponsors. Larson moved the parade permit form be approved that would verify the insurance requirement of the parade sponsors. The motion was seconded. Donahue moved to amend the form to include a minimum $25 fee. The motion was seconded. There was discussion that included administratively changing the form to include some indication of the type of participants and that the permit has been issued. The amendment failed with Collins, Donahue and Haarr voting in favor and Atkinson, Granmo, Nystul, Larson, Kennedy and Rauthe voting against. Haarr called for the question. The motion carried with a vote. Sykes' Sewer and Water Bill In an effort to assist in understanding the plumbing system in Sykes, Staff submitted a diagram drawn by Chuck's Plumbing and Heating that would illustrate the line location and metering location. The third meter is not an issue in this billing question. The third meter was installed in 1992 after some disagreements about the billing at that time. Mr. Williams compiled an agreement with Syke's to remove the delinquent amounts. The sewer rates were to be charged against all water used but some was actually going to the cooling system. The City had no knowledge that this was going to the cooling system. Syke's was not aware of the ability to have a sewer deduction for the cooling system water usage. Based upon the 11/8/96 memo from the Water Department, the City attempted to get their plumber to go with City personnel to inspect the plumbing system. After several calls and attempts to make arrangements, Mrs. Wise was able to get the plumber with the City employee. The plumber insisted that the changes were completed prior to October, 1996, but cannot tell when and does not have any records to verify any changes. Krepps recommended to reimburse Syke's as per the legal rules and regulations. The responsibility for the private system changes are shared by the private owner and their plumber. No notification to the City was made until October, 1996. Nystul moved to postpone this discussion until the next regular meeting. The motion was seconded. Donahue and Haarr spoke against. Haarr called for the question. With a vote the motion carried and was postponed until the next meeting with Donahue and Haarr voting against. D. Award Bid -Architectural Services -Samaritan House Krepps apologized for removing this item and requested it be replaced on the agenda and acted upon. He was not aware the recommendation had been received. 1020 1020 Larson moved to re -add agenda item D and act on it. The motion was seconded. The motion carried unanimously. Atkinson moved to accept the proposal of Architects Design Group for the architectural services for Samaritan House. The motion was seconded. Upon vote the motion carried unanimously. FOR YOUR INFORMATION "Which Way Downtown" tomorrow 7:00 a.m. at Cavanaugh's Next Work Session April 14, 1997 7:00 p.m. Next Regular Meeting April 21, 1997 7:00 p.m. ADJOURN The meeting was adjourned at 10:31 p.m. ,RU ; Dougl s D. Rauthe, Mayor ATTEST: /Ify 0 Debbie Giffo , C Clerk of Council Approved 4/21/97 1 1