01/05/98 City Council Minutes1107
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JANUARY 5, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUGLAS RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR,
DUANE LARSON, GARY NYSTUL, PAM KENNEDY AND CLIFF COLLINS, 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 December 15, 1997
B. Approval of Claims per Payables Register-$483,695.02
Collins moved to approve the consent agenda. The motion was
seconded.
Upon vote the motion carried.
Rauthe recognized Debbie Gifford, Clerk of Council for being
accepted into the Academy of Advanced Education from the
International Institute of Municipal Clerks. He thanked her and
the Staff and citizens for allowing him to be a steward of the
City.
Kennedy thanked the citizens and employees for allowing her to
serve on the City Council. She thanked Debbie Gifford, Clarence
Krepps and the City Staff. She said the Staff was the heart of the
City.
Collins also thanked Kathy Kuhlin and the Staff and City Manager.
He was honored to have been able to serve on the Council.
Mayor fCouncil _
r s n a i on
Council President Nystul presented Lauren Granmo, Pam Kennedy,
Cliff Collins and Mayor Doug Rauthe with plaques of appreciation.
They were all applauded.
OathOathg of of f i _
Mayor Rauthe gave the oath of offide to Municipal Judge Heidi
Ulbricht, Councilmen Dale Haarr, Doug Scarff, Jim Atkinson, Ron Van
Natta and Mayor Bill Boharski.
Boharski thanked the outgoing Council and Mayor for their services
to the City of Kalispell. He had heard that some may be concerned
with the new make up of the Council.
He is just concerned with the level of spending and the level of
government in the City of Kalispell. He hoped the things will be
different and better, and just wanted to work together, open and
honest, not only with each other but with the citizens of
Kalispell. We will have a very productive next four years, both
amongst the Council and the citizens of Kalispell.
Van Natta noted he ran to provide some continuity for the direction
of the City.
Scarff thanked the citizens of Kalispell for voting for him.
Elect Council President
Donahue moved to have Gary Nystul serve as Council president. The
motion was seconded.
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The motion carried with a roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Mayor Boharski
voting in favor.
Board Annoin m _n _s
Planning Board -Council Position -replace Pam Kennedy
Citizen Member -City -replace Mike Conner
Conrad Mansion Board -reappointment Sam Bibler
Haarr moved to postpone the Board appointments until the January
20th meeting. The motion was seconded.
Donahue moved to amend the motion to exclude the Conrad Mansion
Board appointment. The motion was seconded.
The amendment carried upon vote.
Boharski recommended Sam Bibler to continue serving on the Conrad
Mansion Board.
The amended motion carried unanimously with a vote.
HEARING THE PUBLIC
Jim Lynch, NuPac, thanked the past Council and commended Pam
Kennedy for her dedication to the City of Kalispell. He also felt
the passing of Resolution 4390 may be premature as NuPac has a
claim against the City.
Mike Fraser, Thomas, Dean & Hoskins, encouraged Council action on
this item.
nrd?nanc 1 .78-R _a a ur nt Be r and Wine Li n c- .nd Reading
This item is the continuation of the requested change to allow the
special beer and wine licenses within 600 feet of a church.
This was a request for a change by certain businesses. This has
passed the first reading. No input has been received on this issue
other than the requesting businesses.
Atkinson moved Ordinance 1278, an ordinance supplanting the State
law distance restriction with respect to restaurant beer and wine
licensees (RBW) and allowing such licensees to operate within 600
feet of a church, synagogue or school within the zoning district
wherein restaurants are a permitted use, and to provide an
effective date. The motion was seconded.
Atkinson and Larson spoke in favor.
The motion carried upon roll call vote with Atkinsgn, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
ordinance 1279-Kalishell Parking Commission R guest.- m nd Ov_rtime
Parking Code 15t Reading
The Parking Commission submitted a letter of request for parking
code changes. John Harper, Parking Commission, explained the
change in times would be from 9 a.m. to 5 p.m., in effect now, to.
8 a.m. to 6 P.M. The other change involves not permitting parking
within the same block face during the same 2 hours.
Nystul moved Ordinance 1279, an ordinance to amend Section 17.90,
Kalispell City Code, prohibiting overtime parking and establishing
two hour ',parking between the hours of 8:00 a.m. and 6:00 P.M. on
certain streets and declaring an effective date. The motion was
seconded.'
There was lengthy discussion and John Harper answered questions.
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with a roll call vote the motion carried with Atkinson, Donahue,
Haarr, Larson, Nystul, Scarff, Van Natta voting in favor and Graves
and Boharski voting against.
Ordinance 12AQ-Znninq_TAxt Amendmpntfrom Daily Inter . k o Allow
NewspaDAr Offinps in B- 1 7nnA as a P _rmi d to _- is t Reading
The City -County Planning Board received a request from the Daily
Inter Lake for a text amendment. The requested change is one that
would be recommended in the entire rewrite of the Kalispell Zoning
Ordinance but due to the timing of the rewriting process, the Inter
Lake desires to expedite the planning and construction of the new
facility. This text amendment would allow this type of usage with
less impact to the area than many other B-3 uses.
Krepps concurred with the request to allow newspaper offices as a
permitted use within the community business zones.
Larson moved Ordinance 1280, an ordinance amending Section
27.15.020, (Ordinance No. 1175), by allowing newspaper offices as
a permitted use in a B-3, Community Business Zoning District, and
to provide an effective date. The motion was seconded.
There was discussion and Donahue moved to amend the ordinance to
reflect publishing/printing facilities rather than newspaper
offices. The motion was seconded.
There was more discussion and the amendment carried unanimously
with a vote.
With a roll call vote the amended motion carried with Atkinson,
Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and
Boharski voting
RPenlutinn 4IR
in favor.
-Au hori y to Sell Lott
for 1st
Time Home BLyerc-
Woodland Court
The City will
be accepting bids
for the
land purchase and
construction of
two homes on lots 6
and 21 in
the Woodland Court
project. To authorize these sales,
approval
is needed from the
Council. The
lots will sell for
$8,000.00
cash with a zero
interest deferred second mortgage of
$16,000.00
respectively to the
low bidder.
As the normal program criteria, the zero interest mortgage will be
assumed by the buyer and assigned to the Glacier Affordable Housing
Foundation for future recapture and assistance to other low income
families upon resale, refinancing, or change of ownership.
Atkinson moved Resolution 4389, a resolution authorizing the
manager, Finance Director and Clerk of Council to execute the
documents necessary to transfer lots 6 and 21, plat of Woodland
Court, a resubdivision of Lots 27, 28 and 29, Block 1, of
Greenacres, located in the SE 1/4 of SE 1/4, Section 17, T28N,
R21W, P.M.M., Flathead County, Montana to Timberland Construction.
The motion was seconded.
With a roll call vote the motion carried with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
Buffalo Commons Phase 2-Block 1-Final Plat
Narda Wilson of the Regional Development office submitted a report
outlining the final plat process for Phase 2 of Buffalo Commons.
The conditions that were set forth within the preliminary plat have
been satisfied.
Larson moved final plat approval for Buffalo Commons Phase 2 Block
1. The motion was seconded.
The motion carried with a vote.
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This final billing from Thomas, Dean & Hoskins for the Woodland
Court project has been held for several months to allow additional
discussions and research to determine the factors involved in the
additional costs for service from the engineer. This billing,
together with one of the contractor's submissions for additional
work, has been reviewed by the staff, the attorney, and other
sources of information to determine why the City had extra costs.
Upon a thorough review, the City Attorney has advised that the
additional work and hours submitted were completed and apparently
justified within this project.
Based upon a lengthy and thorough review of this bill and request
for a change order, Krepps recommended that the change order be
approved and the final payment for the additional dollars be paid.
This is a project that was started approximately three years ago.
At that time a decision was made to split the contract by
separating the sections of the low bids rather than awarding the
bid to the over-all single low bidder.
Krepps felt this decision, rather than creating the desired
savings, actually created administrative and engineering
inefficiencies that over -ran the potential cost savings.
Haarr moved to postpone action on Resolution 4390 indefinitely.
The motion was seconded.
There was discussion and it was requested to be put on a work
session.
Upon vote the motion carried and the resolution was postponed
indefinitely.
Haarr requested the addition of "Comments or Questions from the
Council" to the agenda. He also would like the Thomas, Dean &
Hoskins issue on a work session, as well as the Valley Bank parking
lot and the National Flood disposition.
FOR YOUR INFORMATION
January 12, 1998 Joint meeting with County Commissioners -General
Discussion -noon
Work Session January 12, 1998 7:00 p.m. Review Ball Field Plans by
Engineer
Next Regular Meeting Tuesday January 20, 1998 7:00 p.m.
January 26, 1998-Department Presentations begin-Krepps requested
questions submitted ahead of time of the presentations.
January 13, 1998 5-7 p.m. Reception for Dennis Klukan
Atkinson gone January 20, 1998
ADJOURN
The meeting was adjourned at 8:52 p.m.
.
WM.E .50harskI .
Wm E. Boharski, Mayor
ATTEST:
Apra c-vc 1/20/98
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