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02/17/87 City Council Minutes493 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, FEBRUARY 17, 1987, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR KENNEDY PRESIDED. ALL COUXILMEMBERS WERE PRESENT. Mayo) Kennedy called the meeting to order and led the Pledge of Allegiance. APPROVE MINUTES Regular Meeting February 2, 1987 Counciilman Schindler moved the minutes be approved and Councilman Grainger seconded and the motion carried. CITY OFFICIAL REPORTS Treasurer's Report January Police Chief " City Judge " Building Official " Fire Department Quarterly Report, 4th Quarter 1986 Fire Department 1986 Annual Report Councilman Nystul moved the City Official Reports be approved. Councilman Grainger seconded and the motion carried. SSING THE COUNCIL 's meal expenses ilman Ruiz read a letter he had received from Pastor R. D. Ross concerning the t editorials about the Mayor's meal expenses. Pastor Ross was critical of Ruiz' of not allowing the mayor to be reimbursed for some of his meal expenses, and he Ruiz and the Council to move onto more urgent matters. Counc'lman Ruiz wanted to publicly reply to this letter. "First of all this comes from a chu ch which pays no taxes, signed by an individual who does not live in the City. I've been on the Finance Committee for the past 6 years, and I have always taken it upon self to feel it's my job as being a member of that Finance Committee to approve those claims that I find in order. And if I don't find then in order and I don't think ' they Should be paid, I don't sign them. Up until the last few months this was pretty much the way it went. Now all of a sudden because I don't want to sign a claim or partiularly think that it shouldn't be paid, for some reason I am singled out as the only one that has that view and I resent that. I'm just following the Council's instructions. To my knowledge, we have never instituted any policy and I have never gotten any direction from this Council to pay those claims that were submitted that are the ppint of contention." He a so referred to the letter from the Mayor and the opinion from the City Attorney. The mayor's letter respectfully requested the matter be settled so there is no question in the future about this item. Ruiz moved the Mayor's expenses be paid if directly related to his Councilman Schindler seconded the motion. Councilman Ruiz spoke against this motion. Ruiz passed out a list of claims submitted by the Mayor since January, 1986 to the present. Ruiz stated some of the claims had been paid without the proper signatures. Councilman Saverud commented that since being on the Council, the standing policy was anything that was brought to the Council that would require action, usually, unless it was an emergency or highly unusual circumstances, would not be acted upon until it had gone (through a committee recommendation. He did not feel the committee has made a recommendation. He felt this issue was something that ought to go through the committee rather than on the floor. Councilman Ruiz stated the committee could reach no consensus. Councilman Saverud asked if the committee could not, or had not yet reached a consensus. discussion, Councilman Saverud stated he felt the timing on this is priate. He moved to table this until the committee has come back with a ndation. Councilman Nystul seconded the motion. After more discussion, upon vote, Councilmen Saverud, Palmer, Manning and Nystul voted yes to table and Councilmembers Hafferman, Grainger, Ruiz and Schindler voted no, ending up a tie vote. Mayor Kennedy voted yes to break the tie. The motion was carried to table the issue until the committee returns with a recommendation. I 494 COMMITTEE REPORTS: PERSONNEL & POLICY League of Cities Liability Insurance Quote Councilman Grainger reported the committee had met and decided to request a quote to get information. Report on Fire Department E & O Policy Councilman Grainger said the committee had decided not to take the E & 0 policy because there are no boundary problems and therefore no liability. Approve License Bonds Councilman Grainger moved the acceptance of the License Bonds that City Attorney Neier found in order. Councilman Nystul seconded and the motion carried. C & R Plumbing & Heating Plumbing 2,000.00 Scott Levengood DBA C B S Sporting Goods Pawnbroker 1,000.00 Debbie Diane Sheppard Pawnbroker 1,000.00 PUBLIC WORKS - no report WATER & SEWER - no report PARKS & PUBLIC LANDS Recommendation on Use of Depot Park for Art in the Park Councilman Manning reported in the past Art in the Park has been held at Court House East Park. He stated the Hockaday Center has requested to relocate to Depot Park for this function. He also recommended the use of part of the parking lot for concessions to cut down on wear and tear on the grass. Councilman Manning moved to allow the Hockaday Center to relocate the Art in the Park to Depot Park. Councilman Palmer seconded and the motion carried. FINANCE & ADMINISTRATION Approve Claims Councilman Palmer moved the claims found in order be paid. Councilman Nystul seconded and the motion carried. (as listed in Accounts Payable register) Councilman Palmer announced there would be committee meeting Wednesday, February 25, 1987 at 4:00 p.m. PUBLIC SAFETY Ordinance 1094 An ordinance establishing fees for monitoring burglary & fire alarms by the Police and Fire Departments and imposing a penalty for false alarms. Councilman Schindler so moved First Reading of Ordinance 1094 and Councilman Saverud seconded. Councilman Schindler reported the committee had discussed Section 1 of the Ordinance, regarding the monthly fee of $8.00. He said the committee felt the actual dollar amount should not be in the ordinance, in order to save changing the ordinance every time there need be a change in the dollar amount. The committee felt the monthly fee should be determined by the Police and Fire Chiefs and the Council be kept informed. He would like to have this excluded. City Attorney Neier did not feel this was appropriate. He said you cannot delegate a legislative right, which is what this would be. He did not feel this was a good practice to get into. Councilman Schindler called for the question. Upon roll call vote, unanimously, the motion carried. Recommendation on Bus Loading/Parking Flathead High/Elrod School Councilman Schindler reported the committee does not feel anything should be done concerning the recommendation on Bus Loading/Parking at Flathead High and Elrod School. The problem has been created by the High School and should be handled by the High School. Gary Rose, School District# 5 Transportation Manager, disagreed with the solution to the problem. He did not feel the suggestion to solve the problem was feasible, the school does not have the authority to do the things necessary to solve the problem. He stated there was a serious congestion problem on 4th Avenue West. He said he had some 495 real concerns for that block of 4th Avenue West between the High School and Elrod, based on the people trying to drive through there and kids trying to walk through. He did not feel doing nothing would solve the problem. Schindler said a survey was taken and the homeowners do not want to lose the Councilman Grainger stated if the school could come up with a solution and present it to the Council, it could be addressed. Gary Rose said the solutions they have are to make Fourth a one way for that block or eliminate parking on one side of the street. The street is not wide enough for two way traffic. Pam Berry, school bus driver, stated it is a safety problem. If a bus starts to make a turn and meets a vehicle, someone is forced to back up, due to the narrow street, and the school buses are not to do this. Councilman Nystul asked if this will still be a problem after the construction is over. Pam Berry stated it was a problem throughout the school year regardless of the construction. Public Works Director Hammer felt it was a good idea but questioned if this is done, will t come up again in the future about another street, if so, the problem should be look at more closely now. Ruiz moved the issue be tabled and referred it back to the committee until Due to the lack of a second, the motion died. After lengthy discussion, Councilman Schindler moved the Police Chief and Public Works Director handle the situation on a temporary basis. Councilman Saverud seconded and ' the motion carried. Recornuendation to Establish Handicapped Parking Space at South Court House East Councilman Schindler reported Kim Potter requested a handicapped parking space be designated at the South end of Court House East as this is a no parking area now. Handicapped ramps have been put in and the County would purchase the signs to be installed. Councilman Schindler so moved, Councilman Saverud seconded and the motion Resol tion 3716 A re lution approving the preliminary plat of resubdivision of Lot 23, Block 2, North idge Heights Subdivision. Hafferman so moved and Councilman Grainger seconded the motion. Director Drent asked about the needed easement to Eagles Park. discussion, Councilman Grainger withdrew the second and Councilwoman Hafferman ew her motion. Councilwoman Hafferman then moved Ordinance 3716 with an amendment to include a 20' wide easement on the east side of the property for access to Eagles Park. Councilman Ruiz seconded the motion and upon roll call vote, the motion carried unanimously. ' COMMUNITY DEVELOPMENP & PUBLIC BUILDINGS Committee Meeting Councilman Saverud announced there would be a committee meeting on Thursday, February 26, 1987 at 4:00 p.m. Bruce Lutz from Architects Design Group will give a preliminary plan update for urban design. The Ad Hoc Sign Committee will be attending the meeting to discuss a possible sign ordinance. FRDO Letter 1. Councilman Saverud reported a letter was received from FRDO concerning creation of a Sign Qrdinance. FRDO has developed an Ad Hoc Committee to research the proposed an Saverud moved to indicate to the FRDO staff and Ad Hoc committee that the will consider a draft ordinance that they would present to the Council. 496 Councilman Schindler seconded the motion. Councilman Saverud spoke in favor of the motion. Upon vote, Councilmen Ruiz, Grainger and Councilwoman Hafferman voted no and Councilmen Nystul, Manning, Schindler, Palmer and Saverud voted yes and the motion carried. Councilman Schindler commented his vote was not necessarily for a sign ordinance but for the Ad Hoc Committee to present their proposal. ACKNOWLEDGEMENTS, ANNDUNCEMENPS & APPOINTMENTS Shade Tree Commission Member Mayor Kennedy announced the need for another member on the Shade Tree Commission, due to the resignation of Dale Haarr. He would prefer to have someone representing the Southwest area of the City so as to have equal representation. Flathead Basin Commission visit to Waste Water Treatment Plant Councilman Nystul announced the Flathead Basin Commission will be visiting the Waste Water Treatment Plant on Thursday, February 19, 1987 at 9:00 a.m. Anyone interested in attending is invited. Councilman Ruiz reminded of the Workshop for Elected Municipal Officials in Bozeman on March 19 & 20. ADJOURN Councilman Grainger moved the meeting be adjourned. Councilman Manning seconded the motion and the meeting was adjourned at 8:50 p.m. Approved as presented March 2, 1987 Ed Kennedy, yor ' Don Halver, Clerk/Treasurer