08/18/97 City Council Minutes1062
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, AUGUST 18, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, JOHN GRAVES,
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.
Krepps requested the removal of Item E. and the addition under the
Consent Agenda, Review and Approval of City Attorney Neier as
recommended by the committee.
Donahue requested the addition of Item 10 to discuss the City's
duties and obligations as related to the City/County Health
Department.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes - Regular Meeting August 4, 1997
B. Approval of Claims per Payables Register $153,168.62
C. Airport Advisory Board Appointment
D. Bid Award -North Wells -Pump House and Telemetry
E. Bid Award Digester Cleaning
F. Adjustment of Evergreen Sewer Rates
Collins moved to approve the consent agenda. The motion was
seconded.
Rauthe announced the recommendation of Tom Weaver as the Airport
Advisory Board appointment.
Rauthe also announced the City Attorney Review Committee brought
forward a recommendation of a 2.5% increase retroactive to January
1, 1997.
Public Works Director Hansz reported the bid for the North Wells -
Pump House and Telemetry Bid was $170,000 over the estimate. He
found funding in another area of the budget to cover the added
expense. The low bid was Ross Construction in the amount of
$449,750.
The other two bids were from Swank Construction in the amount of
$457,000. and Diamond Plumbing and -Heating for $516,221.
Nystul abstained from Item F., Evergreen Sewer Rates, due to a
conflict of interest.
Upon vote the motion carried with Nystul abstaining.
HEARING THE PUBLIC
KDC Site
David Thornquist, 132 Troutbeck Rise, Lakeside, Woods and Water
Realty, spoke in favor of the KDC site proposal. He introduced
developers David Irwin and Mark Davis and their architect Gary
Bernardo.
Gordon Pirrie, 420 Lake Hills Lane, spoke in favor.
Lee Berger, 208 Riverside Drive, also spoke in favor.
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Petition fnr Aaai S an _ With Re-Zo�_-Regue,&L_R--4__to T-2
Katrina Kiger, 496 9th Avenue East North, spoke in favor of Agenda
Item 4 and requested assistance from the City.
Claire Anderson, 484 8th Avenue East North, also spoke in favor and
requested assistance.
Sharon Copeland, 560 9th Avenue East North, also agreed.
Parking Ticket
John Harper, Parking Commission Director, reported on a recent
parking ticket issued, where the violator wiped the chalk off of
the tire, which resulted in another violation of obstructing
justice. He wanted the public to realize it is easier to just pay
parking violations.
PUBLIC HEARING
The Immanuel Lutheran Home has requested a refunding/refinancing of
the Series 1987 Bonds to enable them to begin construction of
additional improvements. The City must sponsor this type of
bonding but has no liability for it and does not count against the
City's bonding capability or rating. At the regular meeting on
July 21 the City Council approved Resolution 4347 granting
preliminary approval of this process and calling for a public
hearing on the issue.
This is the continuation of the bonding process.
Since this will enable an improvement and expansion to be completed
without a financial commitment from the City, Krepps recommended
approval of this request.
proponents
Keith Gendro, Executive Director Immanuel Lutheran Home
Opponents
None
Rauthe closed the public hearing.
Resolution 4199 -Ref i nanc-e/Loan Aareement 9nonsnrshi p for Tmmanupl
L u h ran Hom
Atkinson moved Resolution 4359, a resolution relating to a project
and refinancing on behalf of Immanuel Lutheran Corporation of
Kalispell, Montana and the issuance of revenue bonds to finance the
costs thereof under Montana Code annotated, Title 90, Chapter 5,
Part 1, as amended; ratifying preliminary approval thereof. The
motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Petition for Assistance With R - nninq Re ieat-R-4 to I-2
Correspondence was received from Katrina Kiger and the neighborhood
that will be impacted by a zoning request by McElroy & Wilken, Inc.
The FRDO staff recommended against approval of the Findings of
Fact. A Public Hearing was held on June loth by Planning and
Zoning. At that meeting, the Planning Board and Zoning Commission
denied the request on a 5-1-1 vote. The one abstention was by Jean
Johnson who represents McElroy & Wilken. On July 15th, the County
Commissioners held a hearing. Apparently, despite the staff and
Planning and Zoning's negative recommendation, the Commissioners
wanted to approve the request. They then continued the issue for
45 days to enable McElroy & Wilken to illustrate the mitigation
plan for the area.
The City has received several calls and inquiries about this item.
Although the City has no direct authority to review this request,
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a change in the zoning and use of this land will impact the City's
citizens.
Krepps felt the request does not comply with the Master Plan
adopted by the City and County (Item #1 of Statutory Criteria), and
the approval will devalue the existing homes in the neighborhood
(Item 10 of Statutory Criteria). Although the City may not have
formal authority for this review, he believed there is a need to
assist the City's citizens in resisting this change of zoning.
Krepps recommended a formal letter from the City Council stating
opposition to the change be sent to the Commissioners immediately.
Haarr moved Council instruct the City Manager to write a letter,
signed by the Council members, expressing our strong opposition of
this zone change adjacent to our City property and based on the
substantial support from all the adjacent landowners that are next
to it, we emphasize that this should be taken under very careful
consideration before the zone change be considered or granted. The
motion was seconded.
Kennedy abstained from discussion and vote.
Upon vote the motion carried with Kennedy abstaining.
Kalispell Downtown rAntgr Rguest-Trwin Recniest
A memorandum was received from David Irwin, the developer
interested in the KDC site. This is the group that has been in
discussion with the development staff and City Manager over the
past few months. This is a very general outline of the proposal to
purchase and develop the downtown site.
The City staff did not initiate the City lease portion of the
proposal nor encourage this approach..
Without knowing the development proposal, economic and actual
improvements, the City has not been able to analyze the value, pay
backs, strengths or shortcomings of the proposed project. Although
the KDC Board reviewed the proposal this morning, the City will not
be ready to make any recommendations at this meeting. As an
opportunity to work with a development team for improvements for
this site, Krepps recommended the City formally receive the offer
to purchase the property, direct the staff to analyze the proposal,
negotiate with the developer, and allow staff sufficient time to
respond with a full review of the proposal. He suggested no later
than the September 15th Council Meeting for review and possible
approval of the offer.
David Irwin, a Redmond, Washington developer, gave a presentation
of the proposed project.
There was lengthy discussion and questions answered.
Kennedy moved to give direction to staff to analyze this proposal
as presented and negotiate with the developer and come back with a
recommendation to the Council no later than September 15th. The
motion was seconded.
With a vote the motion carried.
Parking Commission R _auest
A letter was received from the Parking Commission Director
requesting a loan from the City to purchase a $13,448.69 four-wheel
drive vehicle for their operations. The possibility of the
Intercap Loan Fund for this purchase has been discussed.
Krepps felt the City should directly loan the Parking Commission
the funds for this purchase. He suggested that they should
consider a buy down of the loan amount rather than borrowing the
entire amount for five years.
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This would reduce the total cost of this vehicle. He also
suggested a term not to exceed three years would be more desirable.
The City would loan the money to the Parking Commission from the
Solid waste Funds.
There was discussion.
Collins moved to authorize the approval of the loan from the Solid
Waste Funds at the current investment rate subject to change semi-
annually with payments subject to change also for a term of three
years. The motion was seconded.
The motion carried unanimously with a vote.
Kerr Re G
Mrs. Judy Kerr of 1672 Stag Lane requested permission to connect to
the City's sewer system. The Staffs position has been no
approvals of service outside the City until an agreement for
annexation is obtained. It appears that the Green Acres annexation
is a long term situation and will not happen in the near future.
(The eight lots that had problems last year were allowed to connect
to the sewer line at their own expense and payment of the sewer
connection fee.)
In this case, Lot 85, has a sewer main right behind their house
that is approximately 3 feet deep. To connect to this line the
homeowner will need to install a lift pump to enable them to use
the sewer. There is no need for City improvements or expense.
To continue to comply with the philosophy of not providing services
unless the property annexes, Krepps recommended disapproval of this
request.
Atkinson moved to disapprove the Kerr request for City sewer. The
motion was seconded.
Haarr, Larson, Donahue, Rauthe and Kennedy spoke against the
motion.
There was discussion.
The motion failed with Atkinson voting in favor and Haarr, Donahue,
Nystul, Larson, Kennedy, Graves, Collins and Rauthe voting against.
There was more discussion.
Nystul moved to grant permission to 1672 Stag Lane to connect to
the City of Kalispell sanitary sewer service contingent upon them
executing and recording the proper petition for annexation, a
proper consent to withdraw from a rural fire district and evidence
of having a water meter, all to be assumed at their expense. The
motion was seconded.
The motion carried upon vote with Collins, Donahue, Haarr, Kennedy,
Nystul, Larson, Graves and Rauthe voting in favor and Atkinson
voting against.
Resolution 4160-19 7 Budget T anG a
The State requires that no governmental funds show deficits. This
is a resolution that will correct the transfer of appropriations
within the budget.
Kennedy moved Resolution 4360, 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.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
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R G lu ion 4161-FEMA D_Gignation of -Applicant's Rernu_G
In the City's continuing work with FEMA and attempts to recover
some of the unexpected costs related to flood response preparation
and/or actual damages, the City has completed the first phase of
paperwork. To continue the process, the Council needs to designate
the agents for signing future applications and assurances.
This resolution will designate Clarence Krepps or Jim Hansz as the
official for these projects. Hansz has been working directly with
the officials and will be most familiar with the issues.
Larson moved Resolution 4361, a resolution designating an agent for
the City of Kalispell for the purpose of applying for financial
assistance under the Disaster Relief Act. The motion was seconded.
The motion carried upon roll call vote with Atkinson, Collins,
Donahue, Graves, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
City/County Health Department
Donahue was concerned about the County Commissioners requesting an
audit. He felt since it is a joint department it was not
appropriate.
Larson, Board member gave an update on the Department.
FOR YOUR INFORMATION
Next Regular Meeting September 2, 1997 7:00 p.m.
Work Session Central School Plans September 8, 1997 7:00 p.m.
Donahue noted he would not be attending the September 2nd meeting.
Transportation Meeting
Krepps reminded everyone of the Transportation meeting at 6 p.m.
August 19th at Fender's, no host dinner.
Central_ School
Krepps asked if Council would like to meet on September 8th to
review the Central School plans. It was agreed.
League Meetina
He also reminded Council of the League meeting in Helena in
October.
FAA Meeting
September 19, 1997 9:00 a.m.
ADJOURN
The meeting was adjourned at 10:04 p.m.
Doug166 D. Rauthe, Mayor
ATTEST:
bj&�lco,
Debbie Gi fo CMC
Clerk of n it
7�pperwed 9/2/97