12/07/98 City Council Minutes1366
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, DECEMBER 7, 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, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING
CITY MANAGER GLEN NEIER WERE PRESENT. COUNCIL MEMBER GARY NYSTUL
WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the agenda as presented. The motion was
seconded by Scarff.
Atkinson moved an amendment to the Consent Agenda by adding Council
approval for Jim and Kay Thomas to set up the Nativity scene in
Depot Park. The motion was seconded by Van Natta.
There was no discussion.
The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon vote.
A. Council Minutes -Regular Meeting November 16, 1998
B. Approval of Claims per Payables Register-$290,344.81
C. Approval for Nativity scene in Depot Park.
Atkinson moved approval of the Consent Agenda as presented. The
motion was seconded by Larson.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Neil Brown, 560 Wolf Creek Dr., Bigfork, expressed concern about
Resolution 4436, a resolution of intent to amend the Master Plan.
Br&;ii- asked the Council to closely review the Planning Board minutes
beF(3i'making a final decision. He said there are many issues to be
considered.
BA'�arski-explained a public hearing on the issue will be held at the
jahiary 4" Council meeting.
RESOLUTION 4436 - RESOLUTION OF INTENTION TO AMEND MASTER PLAN
Boharski explained that William Lincoln, the owner of property
located adjacent to Conrad Drive, has made an application to the
land use designation from "open space," Suburban Residential and
Transitional, to Resort Commercial. He stated the Council is simply
setting a date for a public hearing and is not making a decision on
the --proposal this evening.
Haarr moved Resolution 4436, a resolution of intention_,ito adopt,
revise oor reject an amendment tthe Kalispell City -County Master
Plan. The motion was seconded by Graves.
There was discussion.
Atkinson said he has always wondered what would happen if the
Council voted against a resolution of intent and asked Neier to
explain.'
Neier answered a resolution of intent is a required step to amend
a_._Mas_te-r _Plan and merely announces a time and place for a public
hearing and is ministerial in nature.
Thi motion carried upon roll call vote with Atkinsof, Donahue,
Gx ves7, Haarr, Larson, Scarff, Van Natta and Boharski voting- in
f aor _
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RESOLUTION 4417 - RE -AWARDING OF BID - LOTS 12 & 1 - TRrrON TgggAcg
Neier explained that in November, the Council authorized the sale
of the property to Hewitt Construction, which later was deemed to
be unable to properly complete construction. He said Pacific Homes
and Land, Inc. has submitted bids on Lots 12 and 13, and Timberland
Construction submitted bids and agreed to complete construction on
Lots 14, 15 and 16.
Graves moved Resolution 4437, a resolution authorizing the Acting
City Manager, Finance Director and Clerk of Council to execute the
documents necessary to transfer Lots 12 and 13, Teton Terrace,
records of Flathead County, located in the NEIA, of Section 12,
T28N, R22W, P.M.M., Flathead County, Montana to Pacific Homes and
Land, Inc. The motion was seconded by Scarff.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in
f avor. .
RESOLUTION 4439 - RE-AWA_RnING OF BID - LOTS 14, 1S & 16 - TETON
TERRACE
Atkinson moved Resolution 4438, a resolution authorizing the Acting
City Manager, Finance Director and Clerk of Council to execute the
documents necessary to transfer Lots 14, 15 and 16, Teton Terrace,
records of Flathead County, located in the NEIA, of Section 12,
T28N, R22W, P.M.M., Flathead County, Montana to Timberland
Construction. The motion was seconded by Larson.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Scarff, Van Natta and Boharski voting in
f avor. .
AUtHORIT`r TO BID - TWO LOTS IN SOUTH WOODLAND & TWO TOTS IN TETON
TERRACE
Boharski said Susan Moyer of PECDD needs Council approval to market
two.' more lots in Teton Terrace and South Woodland. 'He said once
these lots are sold, there will be 12 loti r6maining in Teton
Terrace and 13 lots in South Woodland.
S'cg4ff moved the Council authorize Moyer to advertise for sale two
lots in Teton Terrace and two lots in South Woodland. The motion
was seconded by Atkinson.
There was no discussion.
Tate^motion carried unanimously upon vote.
.ONIN � T .XT AMENDM NT - BOB COOK
aR�TNANC 6
Bob,Cook has requested Section 27.22.020 (3)(a) of the Kalispell
Zoning Ordinance be changed to allow the location of residential
garages in the front yard when the lot does not abut an a11ey..' The
Kalispell City -County Planning Board_ and _�Zvning _Commission
considered the request on November 1oIh
- -
and has r2commende_ .ado
p tzon
of,the amendment.
Larson moved the first reading of Ordinance 1296, an ordinance
amending Section 27.22.030(3)(a) of the Kalispell Zoning Ordinance,
(Ordinance No. 1175), by allowing residential. garages to be located
in front -yards on lots that do not- abut an alley.; -and - declaring- an
affective date. The motion was seconded by Haarr.
There was discussion.
Ab it`s: PPordinance-stating-the-- - allows
�m opposed the current. ordinance all_
foV_gafages in the front yard as long as they are attached. He said
by:ailwing unattached garages in front, the City_'is putting -too
much'emphasis on vehicles and _too little emphasis onourneighbors
aiid green spaces.
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Donahue said he agrees with Atkinson in some respects, but he also
sees the dilemma for people who don't have an alley. He said he
doesn't feel the change will cause that much trouble.
Atkinson reiterated the City already has an ordinance that allows
garages in the front yard, but they have to be attached.
Haarr said in many cases an attached garage or carport is not
feasible. He said right now anyone who wants to build a detached
structure has to go before the Board of Adjustment for a variance
which costs approximately one hundred and eighty five dollars.
Haarr said he thinks the citizens should be accommodated.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Scarff, Van Natta and Boharski voting in favor, and Atkinson
voting against.
CONDITIONAL USE PERMIT - NORTHWEST HEALTH CARE - TEMPORARY OFFICE
BUITMIN
Northwest Health Care has requested a CUP to build a temporary Home
Options facility to replace the current building which does not meet
Building or Fire Codes. The modular building will be custom built
as a medical office facility and the Kalispell City -County Planning
Board and Zoning Commission has recommended the CUP be granted.
Donahue moved the Conditional Use Permit be granted to Northwest
Health Care. The motion was seconded by Haarr.
There was discussion.
Donahue moved an amendment to the CUP by deleting condition number
two which states "the building, parking and sign shall comply with
the Kalispell Zoning ordinance." The motion was seconded by Haarr.
There was discussion.
Donahue stated he feels the Council should get "out of the habit of
telling people they have to obey the law."
.Larson asked if there are any special codes for temporary buildings.
Steve Kountz, FRDO, stated the Uniform Building Code does require
that the structure is hooked to sewer and water and is on a
foundation.
The amendment carried unanimously upon vote.
Donahue. moved a second amendment to the CUP by requiring
ntion be made to the Kalispell Zoning Enforcement officer
iis'a'd of the Flathead Region_ al Development Off ice when the
biilainq;has been removed. The motion was seconded by -Larson.
There` was discussion.
Atkinson asked Kountz if there's a reason for the notification to be
made to _FRDO . _
Kountz answered there's really no reason the Zoning Officer couldn't
handle it.
T$4 amendment carried unanimously upon vote
The iia-1. •-motion as amended carried{- unanimously upor� vote:
1314T614 CONTRACT APPROVAL - FIREFIGHTERS ASSOCIATION
Neier explained Local 547 has. notified his office that its
membership - ._
voted to ratify the ia�t-est- agreement proposal'. -He'said
there were several changes in the contract with the most significant
being an increase in the base pay of_1.75% the first year,-1.35% the.
second year and 1.75% the third -year. In addition, Neer said there
was an increase in the insurance should it reach the cap and -an
increase in certification pay. He said overall, the cost'to theCity
will be an additional twenty two to twenty five thousan&`dollars'per
year -over the next three years. -
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Larson moved ratification of the agreement between the City of
Kalispell and the Firefighters Union. The motion was seconded by
Van Natta.
Haarr commented the Firefighters have negotiated in good faith and
the City appreciates it. Haarr asked Neier if the agreement falls
within the budgeted amount.
Neier answered the City will be able to meet the perimeters set out
in the contract.
Donahue said with the new agreement, the median salary for a
firefighter is $35,527.00, which doesn't include insurance or
ambulance pay. He said the budget will take care of the increase
this year, but next year, with CI-75, something else will have to
be cut to pay for those increases.
Scarff asked whether a clause should be added as to CI-75 in order
to protect the City.
Neier stated it's going to be difficult in the future to fund salary
increases, but he's reasonably sure at this point of time that the
City can fund those raises over the next three years. He said CI-75
may have the effect in the future as to how collective bargaining
agreements are written. Neier said they may have to be done one
year at a time, but at this point the City should be able to meet
the limits in the contract.
Larson said he appreciates the positive comments members have made
on behalf of the Firefighters Association and thanked the Council
for its consideration.
The motion carried unanimously upon vote.
rON T MATTON - PnT.TrR QVFTrRR ANTHONY MCDONNELL
Patrolman Anthony McDonnell recently completed his one year
probationary period and Police Chief Frank Garner is recommending
confirmation of the appointment which is required by State law and
City policy.
Scarf moved the confirmation of Officer Anthony McDonnell. The
motion was seconded by Larson.
Haarr commented he would like to postpone the confirmation due -to
the present negotiations with the Police Department and the fact -'the
City has suffered a loss of revenue with the Police slow down.
He said the timing on this action isn't good, even _though the
postponement would be no reflection on Officer McDonnell and -his
performance.
Larson disagreed, stating the officers take the probationary period
very seriously and at the end of that time they expect to -be
confirmed if they have performed in a satisfactory manner' He said
the Council has no idea what Officer McDonnell's view is of the slow
ddwn=-and the confirmation has nothing to do with it.. Larson added
Yt�-viould be unfair to single him out.
Van__ Natta- commented if the Council feels action is warranted, then
it should -be taken against the entire department, and n0- te7ust one
individual.
Donahue said he doesn't want to reject the confirmation, but
suggested it might be wise to table the matter for sixty to ninety
days to see what happens with the negotiations.
Boharski said he also had concerns about the confirmation but
clarified -McDonnell is not being added to the Police Iorce he's
already a -member. He said he feels --the Council should move forward
with the -confirmation and deal with the negotiations and budgetary
concerns separately.
Atkinson stated the Council needs to find a new way to negotiate and
he doesn't think an adversarial approach is the way to go.
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Scarff said the officer has done his job for the past year and
Council members should now do theirs by approving the confirmation.
The motion carried unanimously upon vote.
AWARD BID — COMPACT UTILITY TRACTOR
The City recently advertised for a compact utility tractor for the
garbage department. Triple W Equipment was the only bidder at
$41,375.00.
van Natta moved the bid be accepted from Triple W Equipment for the
compact utility tractor. The motion was seconded by Graves.
There was discussion.
Boharski asked Public Works Director dim Hansz if the tractor, with
the snow blower attachment, now gives the City two large snow
blowers.
Hansz said this unit is fairly small and would be used for narrower
spaces, such as areas in a parking lot where the larger snow blower
can't reach.
The motion carried unanimously upon vote.
COUNCIL COMMENTS/INFORMATION/QUESTIONS
Atkinson commented how pleased he was with the recent Downtown Art
Walk and thanked the merchants and the promoters for creating the
sense of community the City is looking for downtown.
Larson inquired if any progress has been made on Merry Begg's
complaint with the Teton Terrace drainage problems.
Neier answered a meeting should be scheduled soon and he's asked the
Public Works Department to look into any possible technical
alternatives.
Donahue asked for an update on 'Che-re-purchasing of the valley Bank
parking lot.
Neier stated it hasn't been completed yet but should be soon.
Boharski said he spoke with County Commissioner Dale Williams who
would like two Council members to meet and discuss the Edgerton Dike
path _ _ -
Atkinson and Haarr volunteered.
ADJOURN
Th meeting was adjourned at 8 1 p-I nt'
j- -
�1p:E .�d�arSiCl _
Wm. E. Boharski, Mayor
ATTEST:
° h6—rests_ White
Clerk -of Council
approved December 21, 1998