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02/17/98 City Council Minutes1119 1119 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, FEBRUARY 17, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR BILL BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT, Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved to approve the agenda with the addition of Item No. 7 Appointment of the Parking Commission Members and making the original Item No. 7 now No. 8. The motion was seconded by Councilman Nystul. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting February 2, 1998 B. Approval of Claims per Payables Register $208,476.83 Nystul moved to approve the consent agenda. The motion was seconded by Councilman Haarr. Councilman Donahue requested that the statements on page 1119 of the minutes reflect other comments by Mayor Boharski, Councilman Atkinson, and any others pertaining to the Kalispell Center Mall/Barbieri discussion. Mayor Boharski suggested that it read: Comments were made by Mayor Boharski, Councilman Donahue, and Councilman Atkinson. Mayor Boharski questioned the accuracy of the minutes at the top of page 1119 regarding the Solid Waste Collection System discussion. Clarence stated that the tapes would be checked for accuracy. Councilman Donahue noted that, as stated in the claims, our police officers are trained at a polygraph school. Just as a matter of information, we train these officers in a skill that they can use after they leave the department and some of them have done that to their financial advantage. Do we have any contract or agreement with them that when they leave the department, that they would furnish the department with polygraph examinations at either a reduced cost or for free in lieu of the training we give them? Mr. Krepps stated this would be something we could look into before this is done. Councilman Haarr noted that Item C. was also added to appoint the Planning Board's Member -at - Large, Donald Hines, 140 Westview, and he introduced himself to the Council at this time. Upon vote the motion carried. HEARING THE PUBLIC Claire Hafferman, 1337 Third Street West, disagreed with the Parks Department having a Senior Citizen trip scheduled to Loons Echo that is partially paid for by the City and the County. Asked the Council to review future programs being subsidized by our tax money. Delores Swanberg, lives in the County, President of the Northwest Montana Historical Society, Central School update. Kathryn McEnery, lives in lower valley, Project Coordinator for Northwest Montana Historical Society, informed Council of new name of museum voted in, Northwest Montana Heritage Education and Cultural Center. On behalf of the board, she invited the Mayor, Council, City Attorney, and City Manager to attend a tour of Central School on Tuesday, February 24, at 1:00 p.m. Vinny Weisman, Cafe Vinny's, 120 Main Street, spoke against the "new tax" generated from the new beer and wine (cabaret) licenses. 1120 1120 Jeffrey Calnan, Trattori on Main, 34 Main Street, spoke against an additional tax. Thomas, Dean and Hoskins Change Order Mike Fraser, Thomas, Dean and Hoskins, 690 North Meridian, spoke in favor of the change order. Don Murray, Crowley, Etc. Law Firm, representing Nupac, spoke in favor of negotiation to work out the Nupac request and the T D & H request, in lieu of resolving the Woodland Court Project piece meal. Councilman Nystul noted that Gail Bruch who was City Treasurer for about fifteen years passed away this past Wednesday. Councilman Donahue stated that he worked with her, and that the City owes her a debt of gratitude. Resolution 4394-Thomas, Dean & Hoskins Change Order-Anaroval/Disanproval Resolution for Thomas, Dean & Hoskins Change Order. T D & H is requesting $25,225 for additional time spent on Teton Terrace Project by their firm. Glen Neier reviewed the City's position on this matter. Councilman Larson moved to approve Resolution 4394, a resolution to alter and amend the contract with Thomas, Dean & Hoskins, Inc. on the Woodland Court/Teton Terrace Projects. The motion was seconded by Councilman Nystul. Further discussion was held with Council asking questions of Glen. With a roll call vote the motion failed with Atkinson, Larson, and Van Natta voting in favor, and Donahue, Graves, Haan, Nystul, Scarff, and Boharski voting against. Solid Waste Collection System Consultants Contract Award At the February 6 Council Meeting discussion was held regarding this $20,000 study. The City Manager is requesting the Council's authorization to proceed with the proposed contract with Damschen and Associates, Inc. Councilman Atkinson moved that the Council authorize the City Manager to approve the proposed contract with Damschen and Associates, Inc. for $20,000. The motion was seconded. Haarr, Donahue, and Van Natta spoke in favor of the motion, and Larson and Boharski spoke against the motion. With a roll call vote the motion carried with Atkinson, Donahue, Graves, Haan, Nystul, Scarff, and Van Natta voting in favor and Larson and Boharski voting against. Ordinance 1282-Beer/Wine License Fee -1st Reading The state has allowed a new type of license for the restaurants. By lottery and population of a City, a limited number of these licenses are available within the cities. The City needs to adopt by ordinance a fee to enable us to collect the fee. The City Attorney has compiled Ordinance 1282 to authorize the fee and collection by the City. Glen Neier noted that the document should say license fee of 5/8 instead of 100%. Haarr moved Ordinance 1282, an ordinance amending Chapter 3 Alcoholic Beverages, Kalispell Municipal Code by amending Ordinance 874, Section 1, subparagraph Section 326 Kalispell City Code to provide for an annual license fee for a restaurant beer and wine license and declaring an effective date and further stating that the 100% as indicated be changed to 10%, making it a $40 license. The motion was seconded by Larson. Discussion was held. Donahue moved to amend the ordinance to have the first year's license pro rated as of the date of issuance. The motion was seconded by Nystul. Larson spoke in favor of the original motion and the amended motion. With a roll call vote the amended motion carried with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta, and 1121 1121 Boharski voting in favor and Atkinson voting against. Further discussion was held. With a roll call vote the motion carried with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta, and Boharski voting in favor and Atkinson voting against. Site Review Committee Procedures As pointed out in the discussion paper submitted to you at the work session, we will be altering our process. The process will be: (1) Developer has preliminary discussions with Public Works or Building Department staff (present procedure) (2) A checklist will be given to the developer to assist in compilation of plans and specifications (present procedure) (3) Developer will be given opportunity for a pre -development meeting at their request (present procedure) (4) Upon submittal of plans - plans will be distributed to all departments for review (present procedure) (5) Plans will be on Site Review Agenda - the developer will be notified that they are welcome to attend (new procedure) (6) After review, a written approval or disapproval will be submitted to developer (present procedure) (7) After developer resolves all shortcomings, the developer can then be issued a permit or request to be placed on the next agenda for further review (new procedure) (8) When all codes and requirements are fulfilled, the Site Committee will issue the appropriate approvals (present procedure) We will continue to encourage the use of the pre -development meetings, although to date they are rarely requested by the developer. Donahue moved that the Site Review Committee Procedures be adopted by the City. The motion was seconded by Scarff. Donahue moved to amend the motion regarding the recommendations (2 through 4) being forwarded to the City Council before going to the Planning Board. Councilman Nystul mentioned point of order and Mayor Boharski agreed that Donahue was out of order. Discussion was held. The motion carved with Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta, and Boharski voting in favor and Atkinson voting against. Kalispell Parkine Commission Aaaointments Mayor Boharski recommended the appointment of Jack Hensley to the Kalispell Parking Commission. Donahue moved the appointment of Jack Hensley. The motion was seconded. Atkinson spoke against the motion. The motion carried with Donahue, Graves, Haarr, Nystul, Scarff, Van Natta, and Boharski voting in favor and Atkinson and Larson voting against. Mayor Boharski recommended the appointment of Phil Rygg to the Kalispell Parking Commission. Haarr moved the appointment of Phil Rygg. The motion was seconded. Larson and Atkinson spoke against the motion. The motion carried with Donahue, Graves, Haarr, Nystul, Scarff, Van Natta, and Boharski voting in favor and Atkinson and Larson voting against, and Van Natta, due to the lack of previous information for this item, abstained from voting. Comments on Site Review Committee Procedures Donahue requested discussion concerning amending the motion regarding the recommendations (2 through 4) being forwarded to the City Council before going to the Planning Board. Clarence Krepps suggestedthis item be addressed at an upcoming work session. The Council and Mayor agreed. 1122 1122 Nystul complimented Mike Baker for his presentation last week of the Parks and Recreation Department. Haarr and Krepps clarified for Claire Hafferman the costs for recreation programs. Atkinson clarified for Claire Hafferman the Agency on Aging funding of recreation programs from Federal Health Promotion money. Atkinson quoted a part of Larry Gallagher's memo to Clarence regarding Mayor Boharski's questions, specifically regarding the City of Kalispell being in the real estate business. He also quoted the memo from Glen Neier to the Manager, Mayor and Council regarding the Manager/Commissioner form of government. Discussion was held. Boharski discussed the Building and Zoning Staff Report. Haarr asked if the Council could begin to suggest budget input. Larson brought up the issue of certain council members having meetings with less than a quorum secretly with the City Manager and without. ADJOURN The meeting was adjourned at 9:26 p.m. WM.F- .Bahars Is Wm. E. Boharski, Mayor ATTEST: Kathleen S. Kuhlin Executive Secretary apprdVed 3/ 2/ 93