05/05/97 City Council Minutes1028
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 5, 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 -April 21, 1997
B. Approval of Claims per Payables Register-$288,874.96
C. Award Bid-Elk's Lift Station
D. Authority to Bid -Teton Terrace/South Woodland Court Landscaping
E. Proclamations
Be Kind to Animals Week -May 4-10, 1997
Kalispell Tourism Week -May 4-10, 1997
Kalispell Letter Carrier Day -May 10, 1997
National Historic Preservation Week -May 11-17, 1997
Law Enforcement Memorial Day -May 15, 1997
Collins moved to approve the consent agenda. The motion was
seconded.
Upon vote the motion carried.
HEARING THE PUBLIC
Flathead Industries Conditional Use Permit
Mike Kelly, Flathead Industries Executive Director, spoke in favor
of the approval of the conditional use permit for Flathead
Industries.
Central School
The following spoke in favor of the Central School Museum:
Rosalie Heinecke, 61 Buffalo Hill Drive
Linda Collins, 302 Salish Court
Gordon Pirrie, 420 Lake Hills Lane
Delores Swanberg, 154 Point Caroline Road
Resolution 4329-Refund 1986 Sewer Revenue Bonds
Larson moved Resolution 4329, a resolution relating to $925,000
Sewerage System Revenue Refunding Bonds, Series 1997; authorizing
the issuance and fixing the terms and conditions thereof. 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.
Ordinance 1261-Elected Officials Salary-2nd Reading
Kennedy moved Ordinance 1261, an ordinance amending Ordinance No.
1233, 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 therewith. The motion
was seconded.
Donahue spoke against the pay for the mayor and council.
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The motion carried upon roll call vote with Collins, Donahue,
Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor
and Atkinson voting against.
Flathead Industries Group Home -Conditional Use Permit
The site is located on the southwest corner of 1st Street West and
3rd Avenue West in an RA-2, Residential Apartment Zoning District
with the construction of a group home to accommodate a maximum of
eight adults with developmental disabilities.
Larson moved the conditional use permit be granted to Flathead
Industries. The motion was seconded.
Nystul abstained from discussion and vote.
The motion carried unanimously with a vote.
44 Unit Assisted Living Facility -Conditional Use Permit
The site is located approximately 200 feet north of Two Mile Drive
between Glenwood Drive and Meridian Road and contains approximately
2.06 acres and would allow the construction of a two story 44 unit
personal care facility in the RA-2 Low Density Residential
Apartment Zoning District.
Larson moved the conditional use permit be granted for the 44 unit
assisted living facility. The motion was seconded.
With a vote the motion carried.
Ordinance 1262-Gardner Auction Zone Change -1st Reading
Nystul moved Ordinance 1262, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance
(Ordinance No. 1175), by re -zoning property owned by Gardner
Auction Service, Flathead County, Montana (previously zoned RA-1,
a Residential Apartment District), to I-1, a Light Industrial
District, in accordance with the City -County Master Plan and to
provide an effective date. The motion was seconded.
Kennedy moved to amend to remove Section III, the property is
appropriately buffered as required by Section 27.22.050 (2), from
the ordinance. The motion was seconded.
There was discussion.
Donahue and Haarr spoke against the motion.
The amendment failed upon vote with Atkinson, Donahue, Granmo,
Haarr, Larson, Nystul and Rauthe voting against and Collins and
Kennedy voting in favor.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4330-CDBG Grant Application
Kennedy moved Resolution 4330, a resolution authorizing submission
of an application to the Montana CDBG Program for the expansion of
the Samaritan House Shelter. 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.
National Flood -Agreement to Purchase
Council gave the staff authority to work with Mr. Mendenhall in a
process that would ultimately make the City owners of the National
Flood Services building. The previous agreements and
representations were based upon leases, purchases, needs, and
improvements that would:
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A. retain National Flood Service in Kalispell;
B. allow National Flood Service to expand it's labor force to
approximately 200;
C. increase the capability of Mr. Mendenhall to grow and improve
the Kalispell Gateway West Mall area into a new mall or office
complex.
Since the last conversations and actions pertaining to the Gateway
West Urban Renewal Areal there has been a change in ownership of
National Flood Services and a change in direction of the ownership.
Due to this change, further discussion is needed regarding the
purchase of the property. A letter was submitted from the new
President and CEO, Curtis Lund. The letter explains their goals,
time frame, options, and especially their desire to sell the
building immediately. The City has held several meetings with Mr.
Lund. In Krepps opinion, Lund is sincere about the immediate
growth/space needs and that he is considering several sites in
Kalispell. Although from a marketing perspective, he could and/or
should consider other sites. He is willing to commit to a
relocation within the Kalispell City Limits if the City purchases
his building as originally planned.
Time is extremely important to the company. The original goal was
to retain National Flood Services within the City. That goal can
still be achieved at the same price as agreed upon before. The
down side to moving ahead with this purchase is it has no positive
impact on the Mendenhall project. The City is still and will
continue to work with Mr. Mendenhall.
Krepps recommended that the City purchase the National Flood
Services building. The City will also continue to work with Mr.
Lund to consider the "college" property as his new site. He
suggested to direct staff to complete the purchase transaction for
National Flood Services for a $330,000 purchase price plus verified
moving costs not to exceed $30,000.
Atkinson moved to approve the agreement to purchase from National
Flood. The motion was seconded.
There was discussion with Lund and Gallagher answering questions.
City Attorney Neier explained the consensus of the following
changes to the agreement:
1. Condition the possession of us taking the property upon them
purchasing land and obtaining a building permit in the City of
Kalispell. 2. Rent Provision -after 8 months from the date we
purchase the property, then they shall vacate the property and if
they don't they will owe us rent after that date at a rate of $8.00
a square foot and utilities.
Kennedy so moved the attorney make his recommended changes. The
motion was seconded.
There was more discussion.
Kennedy moved to change the amendment to remove the building permit
issue. The second agreed.
Upon vote the amendment carried with Granmo, Haarr and Donahue
voting against and Atkinson, Collins, Kennedy, Larson, Nystul and
Rauthe voting in favor.
There was more discussion and Kennedy called for the question.
The amended motion carried with Donahue, Granmo and Haarr voting
against and Atkinson, Collins, Kennedy, Larson, Nystul and Rauthe
voting in favor.
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Central School Lease -Approval of Proposed Agreement
Krepps explained the Option to Lease and Lease agreement as
follows:
The City to have required the $250,000 cash sum to be put into
escrow prior to exercising the lease agreement. 1C in the option
to lease agreement, the City must agree to invest the sum not to
exceed two million five hundred thousand dollars, if Council agrees
to the option and when the Historical Society wants to exercise
this once they receive the $250,000 and put in the escrow account,
Council has made the full commitment at that time for 2.5 million
dollars. He wanted to know when Council wants to begin with the
Architectural Study and if it is what Council wants to do, prior to
actually having the option to lease and actual lease agreement in
place. He recommended the option to lease that the Historical
Society fulfills the $250,000 escrow account prior to moving on to
protect the City.
Larson moved the lease format be approved. The motion was
seconded.
Nystul moved to amend in Exhibit A lease agreement, Topic 10 on
page 5 and 6, with the language to the effect that the City will
own the policy, the City will cover the building for fire as the
City Attorney suggested, with the typical clauses, and that the
Historical Society reimburse the City for the premium on the
policy. The motion was seconded.
There was discussion and the amendment carried unanimously.
There was more discussion and Larson moved to amend Section 21 to
read, "that in the event the premises or any part thereof is
damaged by fire or if for any reason including strikes, failures or
utilities or any act of God, if the damage amounts to over 50%,
then the City may render the fulfillment of this lease agreement by
the City impossible and the Society releases the City and its
agents of all demands, claims and causes of actions arising from
any of these causes." The motion was seconded.
After discussion the amendment failed with a vote with Atkinson,
Kennedy, Larson and Rauthe voting in favor and Collins, Granmo,
Nystul, Donahue and Haarr voting against.
Kennedy moved to amend the lease agreement, page 3, item 2, "term
of this lease shall be for 40 years if it is legal and 20 years if
it is not as determined by the City Attorney."
The motion was seconded.
There was more discussion.
Kennedy called for the question and the amendment carried
unanimously with a vote.
Collins moved to remove item 21 and replace it with a covenant for
the City to rebuild with any proceeds from insurance. The motion
died for lack of a second.
There was more discussion.
Collins moved to reconsider item 21. The motion was seconded.
Kennedy called for the question.
The motion to reconsider carried with Collins, Kennedy, Atkinson,
Larson and Kennedy voting in favor and Nystul, Haarr, Donahue and
Granmo voting against.
The vote to amend as Larson moved carried with Atkinson, Collins,
Larson, Kennedy and Rauthe voting in favor and Donahue, Haarr,
Granmo and Nystul voting against.
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Atkinson called for the question.
Upon vote the twice amended motion
Kennedy, Larson and Rauthe voting
Haarr and Nystul voting against.
carried with Atkinson, Collins,
in favor and Donahue, Granmo,
Donahue moved to amend page 2 of the option, near the top of the
paragraph to add on the end of paragraph 2 the following wording:
"also, in such event the Society shall reimburse the City for the
costs expended by the City for architectural fees on the project up
to the amount collected by the Society pursuant to paragraph 1, sub
paragraph e. above." The motion was seconded.
There was discussion.
Kennedy, Collins, Atkinson Larson and Rauthe spoke against the
amendment.
Upon vote the amendment failed with Haarr and Donahue voting in
favor and Atkinson, Collins, Granmo, Kennedy, Larson, Nystul and
Rauthe voting against.
Granmo moved to amend paragraph 1, d., the City will not expend
funds unless and until the Society complies with paragraph e. The
motion was seconded.
Kennedy, Larson, Collins and Rauthe spoke against the amendment.
Haarr, Atkinson and Donahue spoke in favor of the amendment.
There was discussion and with a vote the amendment carried with
Atkinson, Granmo, Donahue, Haarr and Nystul voting in favor and
Collins, Kennedy, Larson and Rauthe voting against.
The amended motion carried with Donahue and Haarr voting against
and Atkinson, Collins, Larson, Granmo, Nystul, Kennedy and Rauthe
voting in favor.
Award Contract -Central School Renovation for Architectural
Services
There was consensus to address this issue at the next work session.
Resolution 4331-Municipal Court Budget Authority
Haarr moved Resolution 4331, a resolution to approve a transfer
among appropriations within a general classification of
expenditures as adopted by the City of Kalispell budget for 1997
fiscal year. 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.
Public �Safetv-/I-nsurance _—Health Benefits -New Federal Law
Larson moved the City of Kalispell provide health care benefits to
public safety officers as legislated in Federal Public Law number
PL 104-208 and any amendment to the law. The motion died for lack
of a second.
Resolution 4332-Police Crime Block Grant Budget Authority
Haarr moved Resolution 4332, a resolution to amend the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 1996-97 budget adopted by the City Council for the Local Law
Enforcement Block Grants Program. The motion was seconded.
Kennedy and Larson spoke in favor.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
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Tentative; Center Mall/Equity Agreement
Not ready to address at this time.
Resolution 4333-Flood Emergency
Krepps explained that if and when the City may need to request
assistance to be reimbursed from FEMA this resolution is necessary.
Allan Marble from the County gave an update on the potential flood
situation in the area.
Atkinson moved Resolution 4333, a resolution declaring an emergency
flood proclamation for the City of Kalispell, Montana. 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.
Krepps reported sandbagging took place recently at the wastewater
treatment plant lift station and is dry at this time.
FOR YOUR INFORMATION
Next Work Session May 12, 1997 7:00 p.m.
Next Regular Meeting May 19, 1997 7:00 p.m.
Airport Advisory & Authority Meeting to follow regular meeting
RFQ Discussion -Airport Master Plan
ADJOURN
The meeting was adjourned at 10:24 p.m.
ATTEST:
6JJ-� L�' a'
Debbie Gif o CMC
Clerk of C it
AMroved 5/19/97
ri
Dougl s D. Rauthe, Mayor