11/02/98 City Council Minutes1355
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, NOVEMBER 2, 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/ACTING CITY MANAGER GLEN NEIER WERE PRESENT.
Mayor Boharski called the meeting to order.
AGENDA APPROVAL
Haarr moved approval of the agenda as presented. The motion was
seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting October 19, 1998
Council Minutes -Special Meeting October 22, 1998
B. Approval of Claims per Payables Register-$360,373.11
Nystul moved approval of the Consent Agenda as presented. The
motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Jana York, 129 Main Street, stated all citizens would benefit if
there was more of a cooperative effort between the City and the
County and the HAZMAT Team.
Ann Stafford, Arizona St., expressed disapproval that Gary Nystul
is one of the City Manager candidates and said many people are
unhappy that all of the applicants meet the minimum requirements for
the job except Nystul.
John Harper, Parking Commission Director, said the Commission has
fire proposals for the Council and would like members to review
those prior to the workshop November 9th.
Bill Corwin, Lakeside, and Pete Davis, 412 Summit Ridge,
representing Youth Leadership Flathead, asked Council members to
speak to students about the City and the Council's responsibility at
a Leadership session December 18th.
Howard Henrickson, 202 Columbia Lane, on behalf of the Kalispell
Lions Club, asked the Council to put the Lions Club in charge of the
flag posting in Kalispell.
Troy Holt, President of the Kalispell Police Association, said the
City and the Association still has not reached an agreement and the
Police have been working without a contract since June. He said the
negotiator hired by the City, Rick D'Hooge, has been given no
authority to make concessions with contractual negotiations. Holt
said the members of the Association believe their contractual
requests are "fair and just," and the City's contractual position is
"unjust and dictatorial in nature." In addition, Holt said the City
has refused the Association's request for Binding Arbrtra"tion. He
asked the City Council to show some leadership and sit down with the
Associations's negotiating team.
Boharski said the Council has given D'Hooge certain boundaries to
work in and the response from the Police has been an "economic slow
down." He said the latest offer from the Association is a nine
percent pay raise in the first year of the contract. Boharski said
over the past ten years, the Police Union has received. increases
fifty percent above the Consumer Price Index. He added the Council
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feels the Police are treated very well and has agreed unanimously
the position D'Hooge has taken is appropriate. Boharski stated the
Council is concerned with the "slow down" and it has remedies it can
take, but the Council would rather resolve the process peacefully.
Richard York, 129 Main Street, said the City's law enforcement
response is quick and thorough and he's never heard of a "slow down."
AUTHORITY TO BID - AMBULANCE
Neier explained the Kalispell Fire Department has completed
specifications for a new ambulance and is asking for Council
approval to advertise for bids. He said the Fire Department has
been accumulating reserves for a few years to buy a new ambulance
and there are sufficient funds available for the purchase.
Larson moved the Council authorize the Fire Department to advertise
for bids for a new ambulance. The motion was seconded by Graves.
There was discussion.
Donahue asked if the ambulance would bring the total number in the
fleet up to five, or if one is going to be sold.
Fire Chief Ted Waggener said the Department received only a minimal
amount for the last ambulance it tried to sell, so he's hoping to
make a rescue rig out of engine number four, which was purchased in
1988.
Donahue said most people don't realize the ambulance is a "money
maker" and even though there have been complaints about the rates,
Kalispell charges less than the majority of other areas.
Waggener said by having the rates where they are, this is the first
time the Department will have been able to purchase `an ambulance
without borrowing money.
Atkinson commented the price for an ambulance call in'Kalispell is
actually the lowest compared to the other large cities in the State
and the Department should be commended for keeping the costs down.
The motion carried unanimously upon vote.
AGREEMENT - NOFFSINGER SPRING_FEASIBILITY STUDY -'
The Council recently directed the Public Works Departmerit`to proceed
with an RFP for a hydrological analysis of the surface water
influence on the ground water at Noffsinger Springs. -Neier said the
RFP is the first step in an attempt to avoid either`abandonment or
filtration of the water source and two companies submitted
proposals. He said the Public Works Department received proposals
from RLK Hydro and Land & Water Consulting Engineers and the PD
staff has ranked Land & Water first. Neier stated the? -'is asking
for Council's approval to negotiate a contract with Land & Water.
Atkinson moved the City Manager enter into negotiations with Land
& Water Consulting, Inc. for a Noffsinger Spring Feasibility Study.
The motion was seconded by van Natta.
There was discussion.
Public Works Director Jim Hansz said an engineering services
agreement has already been negotiated with Land & Water and he would
like Council's permission to enter into that agreement.
Atkinson agreed to change the motion authorizing the pity Manager
to enter into a contract with Land & Water Consulting not to exceed
$9,900.00. Van Natta concurred.
Donahue -suggested that Hansz explain that the City was directed to
do th''s study by the State. _
Hans zlexplained that in August, the State classifLed _Noffsinger
Spring as a ground water source- under the direct influence of
surface water. He said after that classification is made, the City
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has eighteen months to either abandon the Spring, come up with a
filtering system or developing a plan that manages ground water
that's under the influence of surface water. Hansz said the
Feasibility Study is the first step in determining what the City
should do.
The motion carried unanimously upon vote.
RF.gO . TTTON 44COPS MORE GRANT
Neier explained the Police Department would like Council's
permission to accept a Federal Grant in the amount of $22,000.00 to
provide for an additional dispatcher. He said the extra position
would allow the department to utilize current civilian staff to work
on hardware, software, data entry and diagnostic issues associated
with the computer system. Neier stated matching funds for the Grant
will be made with authorized expenditures from the existing Police
budget.
Atkinson moved Resolution 4433, a resolution to amend the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 1998-99 Budget adopted by the City Council for the COPS MORE
Grant Program. The motion was seconded by Larson.
There was discussion.
Atkinson commented the grant is for only one year and asked what
will happen to the position once the grant runs out.
Garner said the grant was established to give officers additional
time in the field by hiring a person to do a lot of the data entry
they do now. He said the philosophy is that the position will be
funded following the termination of the grant. Garner stated if the
Council can't guarantee a continuation of the position, then he
would rather not accept the grant.
Nystul said there's a need city-wide for computer support and asked
if the person Garner has in mind could provide other departments
with help.
Garner explained because of how the grant is structured, the person
has to work strictly in the Police Department because they are
actually audited on the number of hours that officers are allowed
back in the field because of the grant. In addition, Garner said
the position requires a rudimentary knowledge of computers, such as
data entry, setting up printers and troubleshooting software, but
it's not programming.
Donahue stated the grant, after it expires, commits the City to an
additional thirty thousand dollars a year. He said- the City is
having a hard time now funding the Department and he encourages the
Council to reject the proposal.
Larson said he doesn't feel the Council can determine at this time
whether it will be able to fund the position next year or not. He
said the grant should be accepted as long as the Council makes a
good _faith effort to retain that person.
Graves said he feels there's a need for a full-time computer person
in the City and if this is a way of getting one, then maybe it's a
good idea.
Haarr=agreed the entire computer system needs analyzing and it would
be-6 t-ter to spend the thirty thousand dollars to hire someone who
could work with all the departments.
Van -Natta said he's also concerned about committing `the City to
another position.
Scarf commented if everyone can "keep an open mind" about the
possibility of this person moving into a computer position for the
entire City, then it might be worthwhile to accept the -grant.
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Boharski said everyone has some good ideas, but he thinks by going
outside the Police Department, it contradicts the good faith effort
the grant has in mind.
Garner agreed.
The motion failed upon roll call vote with Atkinson, Graves and
Larson voting in favor, and Donahue, Haarr, Nystul, Scarff, Van
Natta and Boharski voting against.
ORDINANCE 1295 - ADOPTION OF REVISED KALISPELL CITY CODES - 2ND
READING
At the meeting of October 19, 1998, the Council adopted the first
reading of Ordinance 1295 adopting the revised Kalispell City Codes.
Donahue moved the second reading of Ordinance 1295, an ordinance of
the City of Kalispell, Montana, adopting a revision and codification
of the ordinances of the City of Kalispell entitled "The Code of the
City of Kalispell, Montana," providing for the repeal of certain
ordinances not included therein, with certain exceptions, and for
other purposes hereinafter set out. The motion was seconded by
Graves.
There was discussion.
Donahue questioned Neier as to the status of the index.
Neier answered as soon as Council passes the ordinance, he will send
a copy to Sterling Codifiers who will start the indexing.
Donahue asked for a sample of their work prior to making a
commitment.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting
in favor.
CONDITIONAL USE PERMIT - CHERRY ORCHARD APARTMENTS
Neier explained Kalispell Partners Limited Partnership has made a
request for a Conditional Use Permit to construct a 24-unit senior
citizens apartment complex on Lot 6, Liberty Village Subdivision,
located at the end of Liberty Street on the west edge of Kalispell.
The Flathead Regional Development Office staff has recommended
approval of the CUP.
Larson moved approval of the Conditional Use Permit for Kalispell
Partners Limited Partnership with the eight conditions attached.
The motion was seconded by Nystul®
There was discussion.
Larson. noted that at the Planning Board Meeting there was a concern
about the drainage on Liberty Street and asked if the retention pond
at the south end of the property will take care of any problems.
Steve Kountz, FRDO, said the planned drainage retention pond will
not solve the flooding problem, but it won't compound it either.
Donahue commented that in condition number six the spacing of trees
was changed from fifty feet to twenty five feet which he feels is
too -dense.
Jeff Fox, representing Kalispell Partners Limited, said the original
intent was to plant the trees forty feet apart, but the Planning
Board suggested that twenty five feet would provide a better barrier
froii_=the street noise of Kinshella Avenue. He said the developers
had no problem with planting the extra trees and agreed it would
Provide a better screen.
Boharski said he's concerned that the trees, planted that closely
together, will create problems in the future.
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Parks Director Mike Baker stated the City's specifications for trees
is forty feet. He said some of the original City trees were planted
twenty to twenty five feet apart with the idea of removing every
other tree after ten or fifteen years. Baker said the problem is
they start to look so nice no one wants to cut them down and then
you have overcrowding.
Donahue moved to amend the motion by changing condition number six
to read the trees shall be planted forty feet apart. The motion was
seconded by Nystul.
Nystul commented it would be simpler to completely delete the
reference to spacing since the City's Street Tree Ordinance requires
the forty foot separation. Donahue agreed.
There was discussion.
Larson noted that since the trees will be on private property, the
ordinance doesn't apply. He said the condition is the only way to
control the landscaping and by amending the Planning Board's
recommendation, the Council is once again micro -managing.
Donahue moved to put the forty feet back in the motion. Nystul
stated he doesn't concur.
Neier said he feels the language is adequate the way it's written,
but if Council prefers, he suggested adding that the trees conform
to the City Street Tree Ordinance and let Baker and the developer
come up with a solution.
Nystul concurred with the modification as suggested by the City
Attorney.
Larson said he thought the Council was trying to get away from
making "dictatorial conditions" and asked if from now on the Parks
Department will decide how and where trees should be planted.
Donahue commented the City has an ordinance on the books that
satisfies his objection and all he's suggesting is making sure the
trees conform to that ordinance.
He said in this case however, the property is private and the
Council is trying to tell the developer what to do on private
property.
Haarr stated that condition number six shouldn't even be in the
permit. He said he's sure the developer will abide by the laws and
it's not relevant.
Van Natta said he still feels if it's on private property, the
developer can do whatever he wants with the trees.
Donahue withdrew his motion. Nystul concurred.
Haarr moved an amendment to the main motion by striking condition
number six. The motion was seconded by Scarff.
Larson asked why the Council members feel they know more than the
Planning Board and always have to change the conditions. He said
the Council might as well do away with all the Boards and make all
the decisions.
The amendment carried upon vote with Atkinson and Larson voting
against.
The main motion carried upon vote with Larson voting against.
CONDITIONAL US F PERMIT - TRINITY LUTHERAN DAY ARE
Neier said Trinity Evangelical Lutheran Church has made an
application to convert an existing home at 373 W. Washington into
a day care center. He said the Kalispell City -County Planning Board
and Zoning Commission has reviewed the application and FRDO has
recommended approval.
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Graves moved approval of the Conditional Use Permit for Trinity
Evangelical Lutheran Church subject to the findings and conditions
contained in the Permit. The motion was seconded by Atkinson.
There was discussion.
Donahue moved to amend the motion by changing the wording in the
Conditional Use Permit, condition #5 to read: "shall be graved by the
applicant in accordance with plans approved by the Public Works
Department." The motion was seconded by Haarr.
The amendment carried unanimously upon vote.
Boharski asked why certain conditions, which are required by State
Law, are included in the Conditional Use Permits. He said for
example, condition number two stated the day care center shall be
properly licensed with the State of Montana. Boharski stated since
the license is already required by State Law, it seems redundant to
add it to the permit.
Kountz answered by including those conditions, it lets the applicant
know exactly what has to be done.
Boharski said he feels by adding them, it just confuses the issue.
Atkinson said "in other words, you expect the applicant to know all
the laws and not provide that information to them as a public
service."
Van Natta agreed, stating it helps to point out to an applicant
what's necessary.
Boharski said he feels those requirements should be discussed with
applicants, but it's not proper to include them in the Conditional
Use Permits.
Larson commented as far as the Uniform Building and Fire Codes,
the e==are about four prominent accepted building codes and about
five -,major fire codes. He said when a developer sees he' has to
ab-kabl-by the Uniform Building and Fire Codes, it eliminates any
confusion.
Haa_rr agreed with Boharski, stating the Conditional Use Permits can
be'- streamlined so that the conditions listed actually_ mean
something.
Atkinson asked the citizens of Kalispell how they would like to work
in`'the`=Planning office right now with a Council that critiques every
more: He said he feels the Planning office should be supported by
the citizens, the supervisors and especially_ by the elected
officials. Atkinson said this evening has been a prime example of
"obstructionism and micro management."
The motion carried unanimously upon vote.
BLTFF°AT.O COMMONS EASEMENT A$ANDOMKENT
Nei'er explained that Kalispell has had a utility easement since 1971
between the lift station at Grandview Drive and U.S. Highway 93
North to a manhole located at Northridge Drive. He said when
Northwest Healthcare created the Buffalo Commons Subdivision and
Planned Unit Development, it became necessary to relocate the
easement outside the confines of the 1971 documents. Neier stated
a new easement has been prepared along a surveyed line within the
Buffalo Commons Subdivision and it's appropriate to abandon the old
ease iek t.
Graves moved to authorize the City Manager- to execute the
Abandonment of Easement. The motion was seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
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.O TN TT. COMMENTS '/INFORMATION/QUESTIONS
Donahue commended Chief Garner on the work the Police Department did
on identifying trees and shrubs that are blocking intersections.
Donahue also commended Neier on his report on the CAB meeting. He
said it's the first time he's seen a CAB report in the three years
he's been on the Council.
Boharski asked Hansz when leaf removal will begin.
Hansz stated the street sweepers are already in operation and crews
will start working ten hours a day on Wednesday. He said the problem
is the Department only has one leaf machine so it's a slow process.
Hansz suggested citizens rake leaves into the street about two feet
away from the curb so it's easier for the machine to pick them up.
Boharski asked Harper to specify which lots the Parking Commission
would like the City to buy.
Harper said the three lots include the Valley Bank parking lot, the
block north of the Central School Museum and the TPT lot, including
the buildings where the Parking Commission office is located now.
Boharski said he would like to respond to Atkinson's remarks and
stated several Council members were concerned about the conditions
listed in the Conditional Use Permits and he doesn't feel the
Council was trying to tell the Planning Office how to do it's job.
Haarr noted there was another letter from Jerry Begg concerning
water runoff from Teton Terrace and asked Neier if a work session
on this problem could be scheduled.
Neier answered he doesn't feel it's appropriate for his office to
respond personally to Mr. Begg since he has hired legal counsel.
Haarr responded it still might be a good idea to have a meeting to
explain the situation to all the Council members.
ADJOURN
The meeting was adjourned at 9:12 p.m.
.
Wm.F- laharskl
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
approved November 16, 1998