05/18/98 City Council Minutes1177
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 18, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR,
DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF 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 Consent Agenda Item C moved
to Agenda Item 7 and Discussion on ValleyDome added as Agenda Item
S. The motion was seconded by Nystul.
There was discussion.
Atkinson objected to the addition of the ValleyDome discussion
saying the public was not notified and therefore was not given an
opportunity to comment.
Atkinson moved to amend the motion to eliminate Item 8, the
ValleyDome discussion. The motion was seconded by van Natta.
There was discussion.
Larson supported Atkinson's motion and said the Council needs to
stay above board instead of adding items to the agenda that have
not been advertised or discussed. Larson said because of these
actions a perfectly good project has been turned into a political
battlefield.
Nystul asked Haarr to explain his intention in adding the item to
the agenda.
Haarr explained he had asked Krepps last week to add the item to
the agenda and for some reason it wasn't. He said an informal
discussion on the project isn't going to cause any consternation
amongst the populus and may be enlightening to the Council.
Nystul said to clarify Haarr's motion, it appears the item would be
added in order to enter, for the record, the discussion of the
results from the workshop held May 11.
Haarr agreed.
The amended motion failed upon vote.
The main motion carried upon vote with Atkinson and Larson voting
against.
A. Council Minutes -Regular Meeting May 4, 1998
B. Approval of Claims per Payables Register-$384,338.68
Nystul moved to approve the consent agenda. The motion was
seconded by Haarr.
Boharski commented he has some concerns with some of the claims but
instead of discussing them he will vote against approval.
The motion carried upon vote with Boharski voting against.
HEAR THE PUBLIC
Gordon Pirrie, Kalispell business owner, expressed support for the
Downtown Planning Workshop and asked Council to also consider the
funding of the Business Improvement District proposal presented
several months ago.
Marion Gerrish, 857 1st Avenue East North, Kalispell business
owner, said she has been associated with Main Street business for
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thirty years and urged the Council to support the Downtown Planning
Workshop.
Pat Kelly, 114 Miles Avenue, Whitefish, said he is willing to
answer any questions concerning the Conditional Use Permit for
Grumpa's Casino and Restaurant.
Chris Jackola, Jackola Engineering, 317 1st Avenue East, said the
ValleyDome is a community project and read a prepared statement
from ValleyDome L.L.C.
Ron Trippet, Property Manager of 17 Main, stated he is in favor of
the 1st Alley East Reconstruction Project and would like to see
lighting included similar to that installed during the 1st Alley
West reconstruction.
AWARD BID - 1ST ALLEY EAST UTILITY PROJECT
Krepps suggested a motion to approve the bid should also include a
condition that the final construction easements be settled prior to
the authorization to proceed.
Atkinson moved the City Council authorize the City Manager to
proceed with the construction contract with Pack & Company upon
settlement of the construction easement question. The motion was
seconded by Van Natta.
There was discussion.
Donahue asked if Mr. Trippet's concerns are being addressed and if
adequate lighting will be assured.
Krepps said he has discussed the matter with Mr. Trippet and the
Staff, but at this point there are still a couple of questions that
need to be answered before any assurance can be given.
Public Works Director Jim Hansz commented that because Pack's bid
is 12 (twelve) percent below the Engineer's estimate, a change order
can now be done to provide proper lighting in the alley.
Nystul said the bid award should be coordinated with the sale of
the National Flood Service and Kalispell Development Center sites
to ensure that both projects are coordinated.
Haarr asked if there would be any problem with delaying the award
until June 1, following the opening of the bids for the NFS and KDC
sites.
Hansz answered there really isn't reason to delay the award since
there will be a minimum of a month before the project includes any
relocation of lines and by that time any development plans for the
NFS and KDC sites should be in place.
Scarff commented that he is also concerned that everyone works
together on the projects.
The motion carried unanimously upon vote.
CONDITIONAL USE PERMIT - GRUMPA'S RESTAURANT AND CASINO
At the last meeting the Conditional Use Permit was tabled due to
concerns about the lack of landscaping requirements. Landscaping
has now been added as a condition of approval.
Scarff moved to take from the table the Conditional Use Permit.
The motion was seconded.
The motion carried unanimously upon vote.
Larson moved to approve the Conditional Use Permit for "G" LLC
Development with the five (5) conditions attached. The motion was
seconded by Scarff.
There was discussion.
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Scarff said his questions concerning the landscaping have now been
answered and he encouraged Council to approve the CUP.
Donahue moved to amend the motion by changing condition number
three (3), which states additional neon lighting be limited to one
additional strip, as follows: "That no additional neon lighting be
allowed for the building signage other than to identify the name
and nature of the business as allowed by the Kalispell City Signage
Ordinance." The motion was seconded by Nystul.
There was discussion.
Donahue said he wants to make the public aware of the proliferation
of garish neon lighting which he feels is cheapening the City. He
said he would like to see the Council start eliminating as much of
the neon lighting as possible.
Atkinson asked what the extent of the lighting would be if
condition number 3 (three) remained as it is.
Narda Wilson of the Flathead Regional Development Office explained
the intent of the condition is to limit neon lighting to one strip
along the top of the building, however, there are no restrictions
as to other neon lighting on the building or neon signs.
Haarr said lighting is a personal opinion and what may be next is
limiting the color, the way the door opens, etc. He added the
business should have a certain amount of discretion when it comes
to how the establishment looks.
Pat Kelly, representing Grumpas, stated there are no definite plans
to use neon, but if used, it would probably be for indirect
lighting.
Van Natta said the Council has allowed the strip of neon for other
casinos and the building owner should be allowed to do what he can
to attract customers.
The amended motion failed upon roll call vote with Atkinson,
Donahue, Nystul and Boharski voting in favor and Graves, Haarr,
Larson, Scarff and van Natta voting against.
The main motion carried unanimously upon vote.
REQUEST FOR DOWNTOWN PLANNING WORKSHOP
The Downtown Business Association is requesting the Council approve
a downtown planning workshop with Dan Burden at a cost of
$20,000.00.
Larson moved that the City Manager be authorized to enter into a
contract with Dan Burden for his downtown workshop services. The
motion was seconded by John Graves.
There was discussion.
Larson said the workshop may not cure the problems with the
downtown area but it's a step in the right direction.
Nystul stated he supports the concept of the workshop, but he feels
there may be other workshops that are more relevant to the downtown
issues facing Kalispell. He suggested the business community look
at alternatives to Mr. Burden's program.
Boharski said he feels the workshop should be expanded to include
more than just the downtown area. He said other issues should also
be addressed, such as what the City wants to do with the various
entrances to Kalispell.
Van Natta stated he feels the downtown area is the most immediate
problem, but agreed that other people should be solicited as to
costs of alternative workshops.
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Haarr said he got the impression from Mr. Burden that the City's
most pressing problem is truck traffic and until that issue is
settled, the City "can't do anything" for the downtown. He added he
doesn't want the City to spend money for another report when it
won't take care of the obvious problem which is the truck traffic.
Donahue said he will probably vote for the workshop, but unless
there is a will to carry out the ideas and suggestions, nothing is
going to happen. Donahue added he feels the downtown has to be
concerned about 'its attitude of being visitor friendly." He said
maybe the downtown businesses should get organized and brainstorm
some ideas to make the downtown a friendly place to be.
Krepps said if the Council can determine a scope of services it
would like to see then proposals could be solicited from different
firms.
Nystul moved a substitute motion to direct Staff to obtain
information and references from at least 3 (three) firms which have
expertise in Central Business Districts and to provide the
experience and the scope of services that these firms may provide,
along with price and availability, to the Central Business District
Community for comment and recommendation as soon as possible. The
motion was seconded by Atkinson.
There was discussion.
Van Natta supported the substitute motion saying the Council needs
to do something to demonstrate a willingness to help with the
downtown problems.
The substitute motion carried unanimously upon vote.
JACK AND SHIRLEY BARRETT SETTLEMENT
Neier explained the settlement of $37,500 would close a lawsuit
that has been pending since 1995.
Scarff moved to approve the settlement and authorize the City
Attorney to execute the necessary Stipulation and Mutual Release.
The motion was seconded by Larson.
There was discussion.
Boharski said he opposed the settlement because he feels the
Barrett's owe the City more money than is what is listed in the
settlement.
Donahue said he agrees the City is owed more money, but you have to
consider that included in the settlement is a waiver of any further
claim by the Barretts.
The motion carried upon vote with Boharski voting against.
STREET TREE COMMISSION APPOINTMENT
Boharski recommended Ted Mead be appointed to the Street Tree
Commission.
Haarr moved the Council accept the Mayor's recommendation and
appoint Ted Mead to the Street Tree Commission. The motion was
seconded by Nystul.
The motion carried unanimously upon vote.
VAT.T.EmONE DI S _ IQ a TON
Haarr explained he feels the ValleyDome has very positive aspects
and asked Council if a motion could be developed to give verbal and
City support to the project.
Neier said if a motion is made, it would have to be very general.
He said if the Council makes a specific motion there could be legal
repercussions because the project hasn't been put through the
various hearings that are needed to change the Master Plan and
Zoning.
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Nystul questioned Neier if it would be possible to make a motion
that conceptually supports the project and states the City wishes
to work with the developers, but no commitments are being made.
Wilson expressed concern about the Council getting involved at this
time. She said an application has been submitted to FRDO and
public notice has been sent to the newspaper regarding a Master
Plan Amendment. She said the issue will go before the Planning
Board and the public in June and a recommendation will be made
which will be forwarded to the Council. Wilson added by getting
involved now, there could be some legal ramifications regarding the
Council's position on a project that has not yet gone formally
through the public hearing process.
Neier agreed, stating although there has been a lot of public
comment on the project, there hasn't been any public comment at any
formal hearings.
Boharski commented he feels the ValleyDome is one of the most
exciting projects the City has seen in the last 30 (thirty) years
and he wants the Council to take a formal position on the issue.
He said by doing so, the Staff would have a clear picture that the
Council is very interested in the project and negative comments by
the Staff could be stopped.
Neier said conceptual support could probably be made as long as the
Council doesn't make any promise of financial commitment, but he
added everyone has to understand there are several legal processes
that have to be completed.
Nystul suggested a sentence could be added to the motion stating
the Council is unable to make any formal commitment pending the
finalization of the legal process.
Van Natta said he feels the Staff already has a good idea that the
project is a priority for some of the Council and to start ordering
them around is a "government by intimidation." He added he wants
more information on the project before making a vote one way or the
other.
Larson said maybe the Staff would have been more supportive of the
project if they had been given any information. He said the first
time it came before the Council was at the workshop on May llth.
Boharski asked Nystul if he intended to make a motion.
Nystul answered he would like to hear from the other Council
members before formulating a motion.
Scarff said conceptually he is in favor of the project which he
feels will benefit everybody in the Flathead Valley. He said he
still has questions about the project but would endorse the
concept.
Graves said he is also in favor of the project which could generate
one million dollars annually for the City. He said it's "time to
get into the money -making business instead of the spending
business."
Atkinson said he is not in favor of endorsing any portion of the
Dome at this time. He added that what has been left out of the
picture is a 35-acre commercial area that has to go along with the
project.
Nystul moved the Council conceptually support the ValleyDome plan
as presented May lath, with the understanding there is a statutory
process for planning, zoning and annexation, which will take place
prior to formal Council approval. The motion was seconded.
Boharski said prior to a vote, he wanted to state that certain
members of the Staff, the Council, and the public have made several
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comments that are extremely inaccurate, and even border on
libelous, about comments he has made regarding this project but he
will not elaborate any further on that issue based on legal advice.
He said secondly, he has sat by and watched the City of Kalispell
"virtually have the life blood sucked out of it by the people in
Evergreen." Boharski said we have done a miserable job in trying
to promote business in Kalispell. He added unless the Council
follows forward on plans to develop a Commercial Business District
back in the City of Kalispell from 4-Corners to Highway 93 North,
we are going to continue to see the "City of Evergreen" take the
life blood out of the City of Kalispell. Boharski said moving
forward in an orderly, sensible, progressive, yet conservative
manner to try to build the economic base of the City is a great
idea and Nystul's motion is appropriate and the Council should pass
it unanimously.
Larson responded by saying Boharski is a "very astute and very
intelligent man," however the fact that the Staff may have made
opposing statements concerning the project is only because they
were doing what they were hired to do, protect the best interest of
the City. He said conceptually he agrees with the ValleyDome, but
he wants things done above board and he doesn't want the Staff
harassed and intimidated.
The motion carried upon vote with Atkinson and Van Natta voting
against.
COUNCIL COMMENTS'JINFORMATION/QUESTIONS
Atkinson said he reported to the Citizens of Kalispell several
months ago that the Council's insistence on becoming overly involved
in the everyday workings of the City is undermining the
Manager/Council form of government. He said he is "sorry to report
that the attack on this form of government has greatly increased."
Atkinson explained that on February 5, 1998, and again just
recently, Mayor Boharski called Al Thelen (the interim City Manager
prior to Krepps being hired) and asked if Thelen was available to
be the Interim City Manager again. He said this indicates Mayor
Boharski came into office with the intent on firing the present
City Manager. Atkinson said he would like to read several sections
of a report, compiled by Krepps, concerning a meeting with Boharski
on May 12t" .
Boharski cautioned Atkinson that the report is just one individual's
version and he had better be careful about making libelous
statements about what may or may not have been said.
Atkinson then went on to read several paragraphs from the report
prepared by Krepps.
Atkinson said the subject of firing Krepps has never been presented
in a public forum. He added if Boharski has the 5 (five) votes to
fire Krepps, as indicated in the report, then he has obtained those
votes "outside the view of the public and exclusive to almost one-
half of this City Council." Atkinson said if these actions are not
illegal they are at the least highly unethical.
Atkinson continued by saying as far as the ValleyDome, the first
time the issue was introduced to the full City Council was at the
Work Session on May llth, however, Haarr has been reporting to
Rotarians since October, 1997, that the financing for the project
was in place and the Dome was a "done deal." He said the Staff has
had no opportunity to provide input.
Atkinson stated everything he has described shows that the Mayor,
and some members of the Council, are challenging the
Manager/Council form of government and he feels they are "out of
bounds." He then asked the citizens to get involved with "a strong
voice" as to how the government should be run.
Van Natta thanked Atkinson, saying it took "a lot of guts" and he
felt Atkinson hit the "root of things."
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Donahue said he didn't question Atkinson's sincerity but wanted to
clarify that Council members meeting in groups of two, three or
four is not illegal or unethical, and challenged Atkinson and
Larson to prove that illegal meetings have been held. Donahue
added he is not one of the 5 (five) Council members that were
eluded to as wanting to fire the City Manager, but if some members
feel that way then that's their decision.
Donahue stated he doesn't have any idea how he is going to vote on
valleyDome, but he feels it is conceptually a good idea. He added
if there is any financing involved by the City it will be legal and
above board.
Donahue commented he resents some of the things Atkinson has said
because they have "cast an aspersion on this Council that is not
true and that is not justified." He said when members of the
former Council met in private, "nobody got excited or upset then."
Larson responded that as far as secret meetings, they can be secret
and not illegal. He said these meetings continue to happen and
serve to engineer the agenda. Larson said these meetings, the
continued intimidation of City employees, and the formation of
committees to circumvent the Council as a whole, are leading to the
downfall of the City Manager form of government.
Boharski criticized Atkinson for trying to divide the City of
Kalispell and said when he ran for office in November he ran
"openly and honestly," and has never in his career as a public
servant done anything "underhanded, illegal, unethical or immoral."
He said he takes "great offense" to some of the articles that have
been printed in the Daily Inter Lake and it's unfortunate there is
not a competing newspaper in town.
Boharski said he has met with the City Manager on a "number of
occasions" and has expressed his disappointment in the way "many
matters have been handled." He added the Council has "an absolute
requirement to properly oversee the actions taken forward by the
Staff and Management of this City, otherwise what sense would it
make for the people of Kalispell to vote for the nine people
sitting behind this counter."
Boharski remarked that several things were pushed through the
Council prior to his taking office, such as the Central School
Museum, and none of that bothered Atkinson when he was on the
majority. He said now, however, when the votes go against him that
is no reason to attack the Mayor or any other member of the
Council.
Boharski said despite what is printed in the newspaper, he only has
one agenda item, and that is "to attempt to move the City of
Kalispell forward." He added that is what the people elected him
to do and that is exactly what he intends on doing.
Atkinson moved to adjourn. The motion was seconded.
The motion carried unanimously upon vote.
ADJOITH
The meeting was adjourned at 9:15 p.m.
Wa.E .5aha4i
Wm. E. Boharski, Mayor
ATTEST:
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Theresa White
Clerk of Council