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10/18/93 City Council Minutes6-0 i 605 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 18, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMEMBERS ATKINSON, GRANMO, MOSES, BUCK, LARSON, KENNEDY, NYSTUL, COLLINS AND CITY MANAGER WILLIAMS WERE'PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -October 4, 1993 Approve Claims per Payables Register Buck moved to approve the consent agenda. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL Picketing Charles Lorentzen, 418 4th Street East, spoke against any proposed ordinance to ban picketing. Mark Stermitz, 728 4th Avenue East, spoke against the picketing that has been going on across the street from where he lives. He would like the Council to address the problem. Georgia Branston, 101 Wagner Lane, spoke against a proposed ban on picketing ordinance. J.B. Noah, 569 North Main, spoke against a proposed ban on picketing ordinance. Air Pollution Control Bernard Hurd, 55 3rd Avenue East North, Northwest Parts and Rigging Company, requested consideration of paving vs. other means of controlling dust. Annexation of Grandview Drive Area Carlene Peters, 340 Grandview Drive, submitted a petition against the annexation of the homes In the Grandview Drive area and spoke against the annexation. Dennis Beams, 126 Ridgeview Drive, was concerned about the proposed annexation. Picketing Marsha Noah, 569 North Main, spoke against a proposed ban on picketing ordinance. ORDINANCES & RESOLUTIONS Ordinance 1197-Air Pollution Control Amendment-2nd Reading In 1987 the U.S. Environmental Protection Agency established Kalispell as a city which did not meet certain provisions of the Air Quality Act primarily because of air borne dust particles. In October of 1989 the City enacted Resolution No. 3908 which established a standard to be followed by the City regarding sanding material to be used on streets during the winter months and provided for the paving of streets and alleys. Further, in January of 1990 the Council passed Ordinance No. 1139 which required certain standards to be met: 1) private and public parking lots and roads, 2) construction and demolition activities, and 3) clearing of land greater than 1/4 acre in size. Since enactment of Resolution 3908 and Ordinance 1139, the City has been very successful in meeting the air quality standards required by EPA and the Department of Health. 060(), Em Ordinance 1197, the subject of amendments, retains the provisions of Ordinance 1139 and Resolution 3908 and provides 1) a contingency plan which would require the use of liquid de-icer on city streets when air quality within Kalispell falls below National Ambient Air Quality Standards; 2) for an expansion of Air Pollution Control District to encompass an area roughly commensurate with the Kalispell City -County Master Plan. Ordinance No. 1197 also incorporates portions of the County program dealing with open burning and solid fuel burning devices. The ordinance gives the City -County Health Department the broadened authority to deal with air pollution in Kalispell and the expanded area. The ordinance has been changed from its first reading to clarify language concerning under what conditions the Control Board hold hearings and other minor changes as discussed at the last work session. Williams and Staff recommended that Council adopt the ordinance. Larson moved Ordinance 1197, an ordinance enacting an emission Control Plan for the City of Kalispell to meet Environmental Protection Agency Standards (PM-10 Standards) by requiring dust abatement and control in the City of Kalispell and within an area commensurate with the boundaries of the Kalispell City -County Master Plan; repealing Ordinance No. 1139 and Resolution No. 3908, prescribing a penalty; and declaring an effective date. The motion was seconded. There was discussion. The motion carried with a roll call vote. Ordinance 1198-Change Street Name-Kinshella to Glenwood-2nd Reading The extension of Glenwood Drive to Two Mile Drive adjacent to the Gateway Orchard Subdivision has resulted in Glenwood connecting with Kinshella Avenue. In an effort to provide consistency to the public, while at the same time creating the least amount of confusion, it is appropriate to designate Kinshella between Two Mile Drive and U.S. Highway 93 as Glenwood. The Staff recommended the passage of this ordinance. Buck moved Ordinance 1198, an ordinance to change the name of Kinshella Avenue to Glenwood Drive and declaring an effective date. The motion was seconded. Upon roll call vote the motion carried. Ordinance 1199-Change Street Name -Justice to Kinshella-2nd Reading Kinshella Avenue wh3,,::.h was redesignated Glenwood under Ordinance 1198 was dedicated and named under a subdivision approval granted several years ago. Persons associated with naming of the street desire that the City, retain the name Kinshella for a City street. Staff recommended that the Council adopt the Ordinance changing the name of Justice Avenue, which is currently a portion of unimproved right-of-way at the end of Liberty Street, to Kinshella. Moses moved Ordinance 1199, an ordinance to change the name of Justice Street to Kinshella Avenue and declaring an effective date. The motion was seconded. With a roll call vote the motion carried. Ordinance 1200-Salary Ordinance No. 1200 adjusts the salary of the City Manager and up- dates pay increases designated in the City's agreements with its various bargaining units. 0607 1 1 607 Moses moved Ordinance 1200, an ordinance amending Ordinance No. 1183, fixing the limits of the salary and compensation of the City Officials, Supervisors, and Employees pursuant to Title 7, Chapter 4, part 42, M.C.A., beginning October 1, 1993; repealing all other ordinances in conflict therewith. The motion was seconded. Buck moved to amend the motion to lower the salary of the mayor from $12,960 to $8,000. The motion was seconded. Atkinson and Moses spoke against the motion. Granmo spoke in favor of the motion. There was lengthy discussion. Rauthe spoke against the motion. Kennedy and Larson spoke against the motion. The motion failed upon vote with Buck, Nystul and Granmo voting in favor and Mayor Rauthe abstaining. Buck moved to lower the councilperson salaries from $3,960 to $3,600. The motion was seconded. Collins spoke against the motion. The motion failed upon vote with Buck, Nystul and Granmo voting in favor. The original motion carried with a roll call vote with Buck voting against. Ordinance 1201-Acceptance of Deeded Roads as City Streets-2nd Reading The Flathead Board of County Commissioners deeded to the City certain roads within the City. Most all the roads have been overlaid or otherwise improved by the County in exchange for the City's agreement to take over ownership and maintenance. The Ordinance will finalize City authority over and responsibility for these streets. Williams recommended that the Council adopt the Ordinance. Washington St. 5th Ave. E. 3rd Ave. E. 18th St. E. Sunnyview Lane W. Colorado St. Grandview Lane 7th Ave. E. Northwest Lane Memory Lane Woodland Avenue W. Wyoming St. 7th Ave. W.N. Ramsgate Dr. Sherry Lane 8th Ave. E.N. W. Wyoming St. N. Main St. W. Utah St. W. California St. 5th Ave. W.N. 3rd Ave. W.N. Northern Lights Blvd. Grandview Dr. 8th Ave. E.N., east to end of street 14th St. E. to 18th St. E. 18th St. E. to Hwy 93 3rd Ave. E. to 5th Ave. E. Hwy 93 to Grandview Dr. 5th Ave. W.N., west to end of street Grandview Dr., east to end of street llth St. W. to Sunnyside Dr. Three Mile Dr. to Junior High School Knoll's Addition Park Place to S. Woodland Ave. Meridian Road to 7th Ave. W.N. W. Wyoming St. to W. California St. Sherry Lane to W. City Limits Ramsgate to Garland St. Oregon St. to California St. 2nd Ave. W.N. to 7th Ave. W.N. Hwy 93 to Lawrence Park entrance 4th Ave. W.N. to 5th alley W.N. 3rd Ave. W.N. to 7th Ave. W.N. W. Washington St. to W. Nevada St. 2nd Ave. W.N. to 3rd Ave. W.N. Liberty St. to Hilltop Ave. Sunnyview Lane to Hwy 93 060 608 Kennedy moved Ordinance 1201, an ordinance accepting and confirming certain public streets deeded and dedicated to the City of Kalispell by Flathead County. The motion was seconded. With a roll call vote the motion carried. Resolution 4134-Increase Ambulance Rates Resolution 4134 would increase the base ambulance rate from its present $195.00 to $205.00. The ten dollar increase is being requested to assist in off setting the cost associated with training our EMT's to become EMT-I's. This program will cost about $9,000. The increase of 5% will also adjust the rate consistent with the inflationary trends since the last rate increase two years ago. The financial summary of the fund as of June 30, 1993 reflects the net income (profit) is $48,593; however $36,000 of this balance continues to be made up of accounts receivable. The budget for FY 94 is $359,798 with anticipated revenues of $370,000 (does not include consideration of a rate increase). Enterprise funds such as this should maintain at least a 30% cash reserve which presently are unable to achieve. This rate increase will allow the city the opportunity to work toward building the reserve and meeting the expenses of the new EMT -I program. Williams and Staff recommended approval of the $10.00 increase in base ambulance rate. Moses moved Resolution 4134, a resolution establishing ambulance rates for the use of the Kalispell Ambulance Service and declaring an effective date. The motion was seconded. There was discussion. The motion carried upon roll call vote. BUSINESS FROM MAYOR & COUNCIL Proclamations Mayor Rauthe proclaimed the week of October 18-22 as "Up With People Days" and October 27th as "Unfunded Mandate Day". Community Network for Youth Meeting Moses reminded everyone of the Community Network for Youth Meeting on 11/4. The informational meetings will be 8!30-10:00 a.m. at the Outlaw Inn or at 4-5 p.m. at Flathead High School Auditorium. The a,,.ditional meeting will be at 7 p.m. at the gymnasium at Flathead High School. BUSINESS FROM MANAGER Authority to Bid Williams requested authority to bid for the following equipment: 1 Sewer and catch basin cleaner, 1 dump truck, 1 garbage truck, and 2 patrol cars. Buck moved to authorize the city manager to go to bid for 1 Sewer and catch basin cleaner, l dump truck, 1 g,,:bage truck, and 2 patrol cars. The motion was seconded. The motion carried with a vote. Norwest Bank Commercial Loan Agreement The revised loan agreement with Norwest Bank identifies the terms and conditions of the City's 3% TIF loan program. The money contributed by the City underwrites the interest rate charged by the bank for the commercial rehab loans. The interest rate subsidy under the terms of the new agreement is 5%. Williams requested authority to sign the agreement on behalf of the City. Kennedy moved to authorize the city manager to enter into the Norwest Commercial Loan agreement. The motion was seconded. With a vote the motion carried. 0609 STAFF REPORTS Joint Meeting with Parking Commission following this meeting Next Work Session 10/25/93 7:00 p.m. Next Regular Meeting 11/1/93 7:00 p.m. ADJOURN The meeting was adjourned at 9:08 p.m. ®r , MiaD.- , mayor ATTEST: Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 11/1/93 1 609