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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 r