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05/21/90 City Council Minutes253 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7.30 P.M. MONDAY. MAY 21. 1990. IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HOPKINS PRESIDED. COUNCILMAN FURLONG WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Hopkins called the meeting to order and led the Pledge of Allegiance. Mayor Hopkins suggested the agenda be readjusted to have the Public Safety/Parking/Gambling Committee report moved to be next on the agenda to accommodate the audience. Councilman Gunnerson so moved and Councilman Nystul seconded the motion. Upon vote, the motion carried. PUBLIC SAFETY/PARKING/GAMBLING Ordinance 1149. First Reading Pornography Ordinance, Declaring Existence of an Emergency, Repealing #957 Councilman Larson moved Ordinance 1149, an Ordinance repealing Ordinance 957 as amended establishing the offense of disseminating obscene materials, defining terms providing a penalty and declaring the existence of an emergency. Councilwoman Moses seconded the motion. City Attorney Neier explained this ordinance is an emergency ordinance which will be in effect immediately and good for 90 days and the permanent ordinance would be in effect in about 45 days. They will coincide with each other, so there will be no lapse in ordinance. Mayor Hopkins said due to a family bereavement. Councilman Furlong is absent and asked him to relay his feelings on this ordinance. He stated Furlong said to do whatever we can to eliminate pornography and he would rather face a law suit for going to far than not far enough. Mayor Hopkins welcomed any comments from the audience on this issue. Allen Murphy, 335 3rd Ave. W., stated he felt by this new ordinance, other's rights are being taken away from them, however he agreed with the ordinance. Ron Overlander, Family Forum Chairman Don Nelson. Citizens Against Pornography Bill Hawthorn, 216 Glenwood Dr. Tom Hines Michelle Koletto Boyd Roth, 8 1st St. West Harold Mills, 35 1/2 loth Ave. West Twila Jordan Carl Naldrett, 627 E. Evergreen Olivia Leichty, 275 Wild Horse Trail Stanley Petrowski Dr. Timothy Heaps, 1874 Hwy 93 N. Todd Mott, 79 Hawthorne Ave. Dan Goodman, 400 Liberty St. Michael Valay. 611 3rd Ave. East The above individuals spoke in favor of the ordinance. Upon roll call vote the ordinance passed unanimously. The audience applauded. Ordinance 1150, First Reading Pornography Ordinance, Repealing #957 Councilman Larson moved Ordinance 1150. an ordinance repealing Ordinance 957, as amended, establishing the offense of disseminating obscene materials, defining terms and providing a penalty. Councilwoman Moses seconded the motion. Larson explained this is a permanent ordinance, which will be in effect 45 days from now. Upon roll call vote the ordinance passed unanimously. Mayor Hopkins stated in the ten plus years he has been attending council meetings, this is the most remarkable hearing he has ever witnessed and all the audience is to be congratulated for the input and seeing this issue through. The meeting returned to the regular agenda. 5 254 CONSENT AGENDA Approve Minutes Special Meeting March 27, 1990 Regular Meeting April 2. 1990 Regular Meeting April 16. 1990 Regular Meeting May 7, 1990 Approve Claims City Official Reports Treasurer's Report Police Chief City Judge Building Official Councilman Atkinson seconded the motion. moved passage of the consent agenda. Councilwoman Moses Councilman Nystul requested corrections to the May 7, 1990 minutes. On Page 250 under Public Hearing —the bond reserve should be $200,000.00. Under Community Development the Councilwoman name is not listed. On Page 251—Finance—concerning Board of Investments. the last three words should be omitted. After vote the consent agenda was approved. ADDRESSING THE COUNCIL Allen Michels, 1515 Western Dr. Mr. Michels read a letter to the council concerning some reconstruction of streets on the south end of 7th Ave. West. He stated clean up has not yet been done to his yard and would like for it to be. Mayor Hopkins stated the matter would be referred to Public Works Committee unless it can be handled administratively. Frank Garner, President Kalispell Police Association, read a letter from the association concerning the performance of City Attorney Neier and that it is unanimous of the association they have no confidence in Neier as a prosecutor. Mayor Hopkins stated that there is at least two sides to every story and the concerns will be addressed administratively. PUBLIC HEARING Continuation of Proposed Sewer Rate Increase There were no proponents. There were no opponents present. A note of opposition was read from Mrs. Lois Magar. Mayor Hopkins closed the public hearing. ACKNOWLEDGEMENTS AND APPOINTMENTS: Board of Adjustment: Frank John Distefano to Replace Harry Taylor Mayor Hopkins requested confirmation of the appointment of Frank John DiStefano to the Board of Adjustments, replacing long time chairman Harry Taylor. who has resigned due to illness. Councilman Atkinson so moved the appointment. Councilman Larson seconded and the motion carried. Refuse Board: Lauren Granmo Mayor Hopkins recommended Councilman Granmo be appointed to the Refuse Board and asked confirmation. Councilman Atkinson so moved. Councilwoman Moses seconded and the motion carried. Parking Advisory Board: Duane Larson Mayor Hopkins recommended the appointment of Councilman Larson to the Parking Advisory Board. Councilman Gunnerson so moved the appointment. Councilman Atkinson seconded and the motion carried. 1 1 1 255 MAYOR'S REPORT -- No Report COMMITTEE REPORTS; COMMUNITY DEVELOPMENT/PUBLIC BUILDINGS - No Report FINANCE/PERSONNEL & POLICY/INSURANCE Call for Proposals Annual Audit Councilman Nystul moved the Finance Committee be allowed to solicit proposals for the audit for the City of Kalispell. Councilman Larson seconded and the motion carried. Intern -City Attorney's Office Councilman Nystul reported upon recommendation of the committee, that the City seek out an intern from the University of Montana, for the summer months, the salary is still undetermined. The majority of the salary would need to be budgeted from the next budget year. Nystul moved the administration be authorized to obtain an intern for the City Attorney's office for this summer period. Councilman Larson seconded the motion. Nystul stated the intern would assist with many of the legal projects ongoing in the City Attorney's office. to include some pending legal work. After discussion, the motion carried with Atkinson voting against. City Policy Manual Councilman Nystul stated we have no reference. other than resolutions and ordinances, to the many varied policies that may have been adopted. A manual consisting of non --ordinance and non --record material into one place the staff and council could look for information is being proposed. Nystul encouraged any input before the next meeting, when it will be formally addressed. PARKS, PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION Recommendation to Rezone Airport Area Councilman Atkinson moved the council request of the committee to pursue Light Industrial designation for the airport and from the runway to Airport Road and Commercial B-5 for the airport runway east to Hwy 93. Councilwoman Moses seconded the motion. Gilbert Bissell, Aero Inn owner, spoke against changing the zone designation, due to his and other neighboring businesses. Al Lerner. attorney. stated he has his office at the Burton Complex near the airport and uses the airport. He felt slot of practical use of aviation will be destroyed if this change takes place. Dick Brady. 1983 Bluestone, spoke against the change. He said that his home is west of the proposed zone change and he built his home there because of the current zone regulations. After discussion. Councilman Granmo moved to amend the motion to exclude the zones and add zoning of the airport be studied. Atkinson rescinded his previous motion and moved the council direct FRDO to prepare an overall neighborhood plan for the airport. Councilwoman Moses seconded the motion. After more discussion, the motion carried. Resolution 3932. Request for Subdivision, Hall Addition, No. 82. Lots 2 & 4 (M&C Tire) Councilman Atkinson moved Resolution 3932. a resolution conditionally approving the preliminary plat of the amended subdivision of Lots 2 and 4, Hall's Addition, located in W1/2 SW1/4. section b, township 28 North, Range 21 West. P.M.M.. Flathead County. Montana. Councilwoman Moses seconded the motion. Tom Sands, stated this resolution is to adjust the boundary to take care of an encroachment of some of the property that Automation is using and M & C Tire is using to create an easement that would be permanent. Carey Weyrach, co—owner of M & C Tire, referred to Item 12 of the resolution. He stated he did not feel the private road is a hazard. Public use is restricted and at times, use of that road for the business is very time saving. When it is used it is with caution and safety. After discussion, Councilman Gunnerson moved to amend the motion so that Item 9 is changed so that the additional 10 ft. be changed to 5 ft. wide and dedicated be changed to reserved. Councilman Larson seconded the amended motion. After more discussion, the amended motion carried, upon roll call vote. Gunnerson moved a second amendment to delete Item 12. Larson seconded the amendment. Upon more lengthy discussion, Councilman Atkinson moved to table the motion. Nystul seconded and the motion carried. Woodland Park Amphitheater Councilman Atkinson moved to dedicate the specified property in Woodland Park for the proposed Bus Foy amphitheater construction. Moses seconded the motion. After discussion, the motion carried unanimously. Resolution 3933. Resolution of Intent for Plan Amendment Atkinson moved for adoption of a resolution of intent, to adopt, revise or amend the Kalispell City/County Master Plan for the purpose of considering a neighborhood plan in that area and set a public hearing date for June 18, 1990. Granmo seconded the motion. Upon roll call vote, the motion carried unanimously. PUBLIC SAFETY/PARKING GAMBLING Ordinance 1147, Second Reading. Prohibit Trucks from Operating on Certain City Streets Councilman Larson moved the second reading of Ordinance 1147. an ordinance amending Ordinances 741 & 907 Kalispell City Code, by prohibiting trucks of a G.V.W. of over 12,000 lbs. from operating on certain streets within the City of Kalispell providing a penalty for violation and providing an effective date. Councilman Atkinson seconded the motion. Upon roll call vote the motion carried. Amend Current Parking Ordinances Councilman Larson stated the committee recommends to the council the following changes be drafted by the City Attorney to amend current parking ordinances and to renegotiate lease agreements to reflect these changes. 1. Change the City lot agreements to a 50/50 split between owner and City. 2. Increase permit price to $15.00 per month in First Federal. Eagles and O'Neil lots. 3. Increase permit space available to 80% in leased lots. 4. Raise parking tickets in lots to $5.00, delete if paid within 24 hours from tickets and eliminate sending reminder postcards stating cost is $5.00. Councilman Larson so moved these changes. Councilman Granmo seconded and the motion carried. PUBLIC WORKS/AIR QUALITY/AIRPORT Resolution 3934, Resolution to Provide for Paint Striping of Certain Streets by Mt. Department of Highways Councilwoman Moses moved Resolution 3934, a resolution to provide for the paint striping of certain streets by the Montana Department of Highways. Larson seconded the motion. After discussion. Atkinson moved to table the motion until the next meeting. Moses seconded and the motion was tabled. Alley Paving Policy Councilwoman Moses moved adoption of the new alley paving policy. Atkinson seconded and the motion carried. 257 SEWER & WATER Resolution 3935, Resolution to Adopt 20% Increase in Sewer Utility Rates Councilman Granmo moved Resolution 3935, a resolution to adopt the fees, schedules, rates, charges and classification imposed on customers of the City of Kalispell sewer utility. Nystul seconded the motion. After some discussion. Nystul moved to amend the resolution by inserting the end of section 1 the language that says for bills issued on or after September 1. Atkinson seconded the motion. Upon roll call vote amendment carried unanimously. Upon roll call vote, the amended motion carried unanimously also. ANNOUNCEMENTS: Committee Meetings Parks-5/30/90 7:00 a.m. Sewer & Water-5/23/90 7:30 p.m. Public Works-5/25/90 7:00 a.m. ADJOURN The meeting was adjourned at 10:57 p.m. Roger W. ATTEST: Amy Robertson, City Clerk -Treasurer Debbie L iverman, Recording Secretary Approved as presented June 4, 1990 1 3