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05/18/98 City Council Minutes1177 1177 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 1178 1178 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. 1179 1179 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. 1180 1180 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. 1181 1181 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 1182 MI -IN 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." 1183 1183 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: It 7�OZ14Z4 Theresa White Clerk of Council