04/07/97 City Council Minutes1014
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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
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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)
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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.
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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.
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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.
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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.
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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.
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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
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