01/05/87 City Council Minutes481
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY,
JANUARY 5, 1987, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNIDY PRESIDED.
COUNCILMAN PALMER WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
APPROVE MINUTES
Regular Meeting December 15, 1986
Special Meeting December 22, 1986
' Special Meeting December 30, 1986
December 22, 1986
Councilman Grainger questioned the changes in the election date for Council President.
He also requested confirmation of the decided election date.
Mayor Kennedy explained when a new mayor comes in, he would have a month to work with
the old Council president before a new one was elected.
December 30, 1986
Councilman Ruiz objected to the meeting of December 30, 1986 in which 4 council members
were present and one member was called on the phone. He questioned the meaning of
a quorum. He did not feel this was fair to the other members and proper
representation was not apparent. He also did not feel any other business should have
been conducted at this meeting.
Councilwoman Hafferman also questioned the issue of a quorum and members present.
City Attorney Neier confirmed Montana law does recognize telephone communication as a
quorum.
Councilman Nystul moved the minutes from the 3 meetings be approved, Councilman
Schindler seconded and the motion carried.
BID OPENINGS:
' FIRE TRUCK
BIDDER
1. Becker Fire Equipment Co.
Casper, Wyoming
2. L.N. Curtis & Sons Emergency
Equipment -Seattle, Washington
3. Starline Equipment Company
Boise, Idaho
BOND AMOUNT
10% $139,604.00 truck price
19,349.72 loose
equipment
$159,953.72 TOTAL
10% $125,496.00
Option A $ 2,825.00 foam system
Option B $ 1,200.00 hose line
equipment
$129,521.00 TOTAL
10% Proposal 1 $144,553.00
4. General Fire Apparatus 10%
' Bid #1
Bid #2 10%
Alternate
Proposal $155,597.00
$ 68,500.00
Cab & $ 49,562.00
Chassis
$ 49,922.00
$ 1,500.00
$ 63,425.00
$ 52,867.00
$ 1,075.00
$115,262.00
Pierce
Suburban
1500 gal.
pumper
Pierce Arrow
pumper
Class A -
exclusive of
Cab &
Chassis
Montana Mack
Andrews
Equipment
Deducted from
price if not
delivered
Class A
Montana Mack
delivery
TOTAL
I
482
Councilman Grainger moved the bids be referred to the Safety Committee to report back
to the Council. Councilman Schindler seconded and the motion carried.
PUBLIC HEARING
Proposed Amendments to Kalispell Zoning Ordinance
An Ordinance to amend the City of Kalispell Zoning Ordinance, Ordinance No. 885, as
amended by Ordinance No.'s 920 and 953 by conforming the requirements of non -conforming
uses within the City allowing the change of a non -conforming use to another similar I
non -conforming use upon review by the Board of Adjustments, and declaring an effective
date.
Mayor Kennedy opened the Public Hearing and called for proponents and opponents.
There being none the public hearing was declared closed.
ADDRESSING THE COUNCIL
Legislative Meetings in Helena
Councilman Nystul reminded the Council of the legislative meetings in Helena.
Mayor Kennedy asked if anyone was interested in a committee to discuss issues prior
to going to Helena. Councilman Ruiz, Schindler, Saverud and Nystul agreed to work on
the commitee.
Proposed Business Licensing
Eugene Thomas, electrical contractor, addressed the council to speak against the
proposed business license. He stated he is required by the state to purchase a state
license in order to do any work within the state. He felt this was double standards.
Tom Woytus, Kalispell businessman, agreed that, with Thomas being licensed with the
state, the City would be duplicating the license.
Ed Trippet, businessman, commented the license would have potential if everyone was
licensed or taxed on an equal basis.
COMMITTEE REPORTS: '
PARKS & PUBLIC LANDS
New Park Rules
Councilman Manning reported on the new rules for the park. He stated he had a
meeting with Parks Director Drent and Drent feels we need more input on the issue.
FINANCE AND ADMINISTRATION
Approve Claims
Councilman Nystul moved the approved claims found in order be paid. Councilman Ruiz
seconded the motion and carried. (approved claims are listed in the accounts payable
register)
License Fees
Councilman Nystul explained the history of the license fees with the city having so
many nickel and dime fees. The committee felt we should eliminate all these small fees
and implement a standard fee for all businesses, no matter where they are located.
The Finance Committee met with the City Clerk and obtained information from other
cities, such as Missoula, Billings, Great Falls, Helena, to see what others are doing
in the area of business licensing. Many cities have licensing based on square footage,
or number of employees in a business.
The Committee felt, rather than discriminate against different businesses, it would be
fair to all to tax each business $25.00. I
Councilman Hafferman asked if the pop and cigarette machines being licensed by the
state. She spoke against the proposed $25.00 tax.
Councilman Ruiz questioned whether each professional in a group has to purchase a
license or would there be one license for the building?
Ed Trippet said he did not feel it was possible to tax a state owned
business, therefore the tax would be selective and would be unfair.
Councilman Schindler asked what the businesses would get in return for the fee. Nystul
explained the intent of the fee was to provide some public information to the
administration of the city and various departments. He also stated this is a very
broad concept at this time.
483
Councilman Ruiz read a list of different types of licenses and fees, pointing out the
large differences and varieties of fees.
Guil Halket questioned the purpose of $25.00. He has a business in the mall and pays a
$2.00 license fee and feels he is just as registered for $2.00 as he would be for
$25.00.
Councilman Saverud commented many vendors set up at Main and Idaho and those dollars go
right out of the community. He also suggested approaching this issue the same as with
' the Sign Ordinance, involving a sub -committee of the Chamber, an Ad Hoc committee
of interested citizens, and the Finance Committee. He does agree something needs to be
done to eliminate some of the odd nuisance fees.
After discussion by the council, it was agreed the Committee will further research the
issue.
PUBLIC SAFETY
Councilman Schindler announced a Committee meeting on Thursday, January 8, at 4:00 p.m.
to discuss false alarm fees regarding the Fire Department.
ANNEXATION
Crop Hail Management Preliminary Plat Approval
Councilwoman Hafferman reviewed the Preliminary Plat Approval requirements.
Councilman Manning reported it is hoped an easement can be procured for mall access to
Two Mile Drive. They also want an easement from Highway 2 to Crop Hail and Financial
Drive to be sure they will always have access to the south.
Several people requested a sidewalk be provided for pedestrian access to the Mall from
the North.
Dean Marquardt, engineer, voiced his opinion on the access and felt it would be in a
very poor location due to where it is located meeting Two Mile Drive. He also added,
' in time the Mall will provide better access to the Mall from the North. He is against
the improvement of Financial Drive.
He further stated there is a recorded mutual access agreement between Gateway West
Mall, the theatre and Crop Hail Management.
After further discussion, Councilwoman Hafferman advised no further action would take
place until the next Council meeting.
Dean Marquardt agreed to provide a letter from the developers waiving the time limit
for Preliminary Plat Approval.
Ordinance 1090
Councilwoman Hafferman reviewed Ordinance 1090, an ordinance to amend the City of
Kalispell Zoning Ordinance, Ordinance No. 885, as amended by Ordinance No. 920 and 953
by conforming the requirements of non --conforming uses within the City allowing the
change of a non -conforming use to another similar non -conforming use upon review by the
Board of Adjustment.
Councilwoman Hafferman moved and Councilman Schindler seconded Ordinance 1090.
Councilman Manning spoke in favor of the ordinance. He stated it is tying together
redevelopment and the City proper.
Councilman Nystul questioned if this meant giving more power to the Board of
'Adjustments?
After lengthy discussion, the vote was unanimous, and motion carried.
COMMUNITY DEVELOPMENT & PUBLIC BUILDINGS -no report
PERSONNEL AND POLICY
Ordinance 1091
An Ordinance amending Ordinance No. 1089, 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 January 1, 1987; repealing all other Ordinances
in conflict therewith.
Councilman Grainger moved Ordinance 1091 and Councilman Schindler seconded.
484
The motion carried on roll call vote.
PUBLIC WORKS
Garbage Refund
Councilman Ruiz reported the Committee recommended the refund of garbage fees to
Francis Schumacher, Rick Hull, Russ Novak, and Tom O'Neil, due to overcharges.
Shumacher - refund $48.00 for 1986 and reduce rate to $48.00. Rick Hull -
$48.00 refund for the years 1980 through 1986 and reduce rate. Russ Novak -
hold until policy is established. Tom O'Neil - his request is justified and
should be paid.
Councilman Ruiz moved these three persons receive refunds on fees, Councilman Nystul
seconded. With unanimous vote, the motion carried.
WATER ABED SEWER
Ordinance 1092
Councilman Nystul read proposed Ordinance 1092, An Ordinance requiring the use of
public sewer by residents of the City of Kalispell, and providing an effective date.
Nystul explained the ordinance and then moved passage of first reading. Councilman
Schindler seconded and the motion carried on roll call vote.
Councilman Nystul reported the SID 337 project is moving right along.
ACKNOWLEDGEMENTS, ANNOUNCEMENTS & APPOINTMENTS
Kalispell City -County Planning Board
Mayor Kennedy announced the appointment of the following to the Kalispell City -County
Planning Board: James B. Stephens and Virginia Sloan.
Mayor Kennedy requested appointment of John Gunnerson as member at large. Councilman
Grainger so moved, Councilman Saverud seconded and the motion carried.
Shade Tree Commission
Mayor Kennedy also announced his recommendation of members to be appointed to the Shade
Tree Commission. The members are Bill Wright, Al Martinson, Ed Brannon, Betty
Albright, Georgia Otten and Dale Haarr.
Councilman Manning moved the confirmation and Councilman Nystul seconded.
Councilman Schindler felt there was not proper representation with two of the persons
being neighbors. Mayor Kennedy pointed out Betty Albright represented citizens and
Dale Haarr represents the business district. He did not see this to be a problem. He
also mentioned he had solicited for volunteers for quite some time and the response did
not enable him to choose from a better cross section of the City.
The motion carried with Councilman Schindler opposed.
OUT OF TOWN
Councilwoman Hafferman noted she would be out of town from January 10-17th.
Mayor Kennedy stated he would be out of town January 10-15th.
ADJOURN
Councilman Grainger moved for adjournment, Councilman Schindler seconded and the
meeting was adjourned at 9:20 p.m. A
Approved as presented January 19, 1987
Ed Kennedy, Mayor
ATTEST:
Don Halver, Clerk/Treasurer
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