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06/04/90 City Council Minutest�4 5 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY. JUNE 4. 1990. IN THE' -COUNCIL CHAMBERS AT CITY HALL. MAYOR HOPKINS PRESIDED. COUNCILMAN NYSTUL WAS ABSENT. ALL OTHER COUNCILMEMBERS WERE PRESENT. - Mayor Hopkins called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes Regular Meeting May 21, 1990 Approve Claims Councilman Atkinson moved the consent agenda be approved. Councilwoman Moses seconded and the agenda was approved. BID OPENING Curb & Sidewalk Year Ending April 30. 1991 Sandon Construction Mariott Concrete Inc. Standard curb & gutter L.F. $6.30 $6.50 Straight curb L.F. 7.10 7.30 4" thick sidewalk S.F. 1.85 1.90 5/8' crushed gravel C.Y. 8.50 8.50 Excavation -straight curb L.F. .75 .90 Excavation -standard c & g L.F. .75 .90 Excavation-4" sidewalk S.F. .50 .70 10% bid bond 10% bid bond Councilman Furlong moved the bids be referred to the Public Works committee. Gunnerson seconded and the motion carried. Councilman Furlong moved the agenda be adjusted to accommodate the audience so that the Public Safety/Parking/Gambling be next. Councilman Buck seconded and the motion carried. PUBLIC SAFETY/PARKING/GAMBLING Ordinance 1150, Pornography Ordinance The following spoke in favor of the pornography ordinance: Ron Overlander, Family Forum Chairman Harold Kellam. 28 Dale Dr. Ray Thompson, owner SemiTool Don Nelson. CAP, 538 Ponderosa St. Twila Jordan Bruce Brown. 164 3rd Ave. WN The following spoke in favor of more research and careful consideration of the proposed ordinance. They felt there is a violation of citizen rights. and wondered about who the average person is, as to who will make the decision what is illegal and what is legal. Huz Jensen stated the right of opinion is the First Amendment, and we cannot take away rights. Huz Jensen, 620 4th Ave. E., owner --Books West JoAnn Jensen, 620 4th Ave. E.. owner -Books West Mary Lou Woodcock. 97 Hawthorne West, owner Village Book Shop Councilman Larson moved the second reading of 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. Upon roll call vote, the ordinance passed unanimously. Ordinance 1151, Skateboard Ordinance Councilman Larson moved the first reading of the Ordinance 1151, an ordinance prohibiting the use of skateboards, roller blades. roller skates. coasters or scooters upon certain public right of ways in certain areas of the City of Kalispell. and private property where signed, providing a penalty for violation and providing an effective date. Councilwoman Moses seconded the motion. There was discussion and the question asked as to the results of the parent organization that was to work with the Chief Clark. Clark reported there had been one meeting with one individual and no further contact. A facility for skateboarders was discussed. 1 1 259J Art Horn, 3199 West Valley Dr., stated he felt a facility similar to the Woodland Park pool where there is an admission fee would take care of the liability insurance. He also felt it was alright to ride on the streets, just not on Main St. Mayor Hopkins stated liability insurance at this time will not cover skate board parks, Parks Director Baker is checking into other carriers, as it is not easy to get and not immediately available to the City. After more discussion, upon roll call vote the ordinance carried. The meeting returned to the regular agenda. PUBLIC HEARINGS Request for Zone Change: Hawkins Property Mayor Hopkins explained an application by the City of Kalispell and Hawkins Properties to amend the official zoning map of the City of Kalispell by changing the zoning of property described as Lots 1,2,3,4,5,6,7,8,9,10,11 & 12, Block 23 of Kalispell original, according to the map or plat thereof, on file and of record in the office of the county clerk and recorder of Flathead County, Montana. The proposal is to change the current zoning of Public P-1 to Community Business B-3. Proponents Brent Kohls, 10346 Overland Road, Boise, Idaho, Hawkins Properties, Tidyman's, stated he and Mike Davis, Chief Financial Officer from Tidyman's, spoke in favor of the zone change and look forward to moving forward on the project here in Kalispell. There were no opponents. Mayor Hopkins closed the public hearing. Request for Zone Change: First Citizens Bank, Polson Mayor Hopkins stated the request for zone change, First Citizens Bank, Polson, to amend the official zoning map of the City of Kalispell, by changing the zoning of property described as Lot 5 of Hall's Addition #82. According to the plat thereof on file and of record in the office of the county clerk and recorder of Flathead County, Montana. The proposal is to change the current of zoning of residential apartment RA-1 to neighborhood business B-1. There were no proponents or opponents. Harley Gosney, 1185 N. Meridian, stated he did not oppose the change but would like a fence to seperate his property from the other. He said his property borders that property the full length on the south end and without a fence of some type, there would be people in the yard. He does not oppose it if a fence would be put in. Mayor Hopkins closed the public hearing. MAYOR'S REPORTS: Reappointment: Glen Neier, City Attorney Mayor Hopkins recommended to the council the reappointment of City Attorney Neier for a two year term. Councilman Furlong so moved and Gunnerson seconded the motion. Furlong stated as a member of the council, he has dealt with Neier on a day to day basis and has yet to be disappointed in the support, work, information and legal advise given by Neier. He stated he has the highest regard for Glen Neier's work. Upon vote, the motion carried unanimously. Appointment: Norbert Donahue, Conrad Mansion Board Mayor Hopkins stated Norbert Donahue has requested appointment on the Conrad Mansion Board to replace the late Jim Murphy. Furlong so moved the appointment. Moses seconded the motion and carried. Jerry Hanson, Public Works Coordinator Mayor Hopkins recommended Jerry Hanson fill the temporary position as Public Works Coordinator, for a term not to exceed six months and at a salary of $30.250.00. He stated Hanson comes with lengthy experience, abilities and a former resident of Kalispell. 260 Councilwoman Moses so moved the appointment. Atkinson seconded the motion. After discussion, the motion carried with Gunnerson voting against. COMMITTEE REPORTS: COMMUNITY DEVELOPMENT/PUBLIC BUILDINGS Resolution 3934--Resolution Authorizing Sale of Lots 1-12. Block 23. KO Councilman Furlong moved Resolution 3934. a resolution authorizing the sale of property to review 'with the City Clerk the right to execute all legal documents necessary to . transfer by warranty deed and all City's rights in interest, Blocks 1-12, Lot 23. Councilman Larson seconded the motion. There was lengthy discussion about the alley. Upon roll call vote the resolution carried with Atkinson abstaining. Kalispell Business Council Funding for Main Street Banners Councilman Furlong stated the Kalispell Business Council has requested funding for a program of basic artistic banners for Main St. and 1st and 2nd Avenues East and West, for beautification of Kalispell, not too exceed $5.000. He said it was the committee's recommendation to approve this and he so moved. Grano seconded and the motion carried. FINANCE/PERSONNEL & POLICY/INSURANCE Ambulance Write-offs Councilman Atkinson moved that $16,814.08 in uncollectable accounts be written off the books. He stated the majority of these accounts are those who have Medicaid. Resolution 3935-Parks Budget Amendment Councilman Atkinson moved Resolution 3935, a resolution setting a date for a public hearing on amending the budgets for the general fund, Parks Department, to properly account for 1) the expenditures financed by revenue from recreation programs and to account for 2) expenditures for the replacement of the tractor as approved by the finance committee and to account for 3) expenditures by an Urban Forestry grant. Councilman Larson seconded and upon roll call vote, carried. Resolution 3936-DARE Fund Budget Amendment Councilman Atkinson moved Resolution 3936, setting a date on a public hearing on amending the budget for the DARE Fund to properly account for donations from individuals to the program. Councilwoman Moses seconded and upon roll call vote. carried. PARKS/PUBLIC LANDS/ANNEXATION/ZONING/BUILDING REGULATION Ordinance 1152- First Reading Zone Change Ordinance: Old Griffin Field Site Councilman Furlong moved Ordinance 1152. an Ordinance to amend Section 5.01. Official Zoning Map City of Kalispell zoning ordinance, (Ordinance 1110). by zoning the old Griffin Field site (previously zoned Public. P-1) Community Business, B-3, in accordance with the Kalispell City -County Master Plan. and to provide an effective date. Atkinson seconded the motion. Upon roll call vote the motion carried. Ordinance 1153-First Reading Zone Change Ordinance: Lot 5 Hall's Addition #82 Councilman Furlong moved Ordinance 1153, an Ordinance to amend Section 5.01. Official Zoning Map. city of Kalispell zoning Ordinance. (Ordinance 1110). by zoning Lot 5 of (RA-1) Neighborhood Business. B-1, in accordance with the Kalispell City -County Master Plan. and to provide an effective date. Councilwoman Moses seconded the motion. Upon roll call vote the motion carried. Resolution 3932-Conditionally Approving Amended Plat Lots 2,4, Hall's Addition, #82 Councilman Furlong 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 6. township 28 North, Range 21 West, P.M.M., Flathead County. Montana. Moses seconded the motion. L 261 1 After discussion. Mayor Hopkins stated the motion that should be removed from the table, is the motion as has been amended to this point, which included an amendment to change 10 ft. to 5 ft. and reserved to dedicated. He said a motion is needed to bring the amended motion from the table and then consider the amendment that was being considered at the time of the tabling. Councilman Atkinson so moved. Moses seconded and the motion carried. Hopkins stated the discussion at this point is on the amendment as made by Gunnerson to delete Item 12 and seconded by Larson. Furlong withdrew his motion for Resolution 3932 and the second was withdrawn also. Atkinson spoke against the amendment to remove Item 12. Furlong spoke against removing Item 12, he said he would support the compromise to make it coincide with the installation of a traffic signal at North Meridian and Hwy 93 intersection. Gunnerson withdrew his motion to the amendment and to reword it as stated by Furlong. Larson withdrew his second to the motion. Gunnerson moved to amend Item 12 to state the closure of that road will commence at the placement of a signal light at Meridian and Hwy 93. Larson seconded and the amendment carried unanimously. Hopkins stated the motion before the council includes the amendment to Item 9 and 12. After more discussion, Moses moved to amend the previously amended condition. Item 9, to change the word reserved back to dedicated so it would read the 5 ft. dedicated. Atkinson seconded the motion. After discussion, the amendment failed with Furlong, Moses and Atkinson voting in favor. Upon roll call vote, the resolution carried unanimously. Approval of Main Street Decorative Banner Design Councilman Furlong moved the design for the City banners be approved as approved by the Hockaday Board and the Kalispell Business Council. Moses seconded and the design was approved. Pool Fee Structure Councilman Furlong moved the new pool fee structure. Granmo seconded and the motion carried. PUBLIC SAFETY/PARKING/GAMBLING Meridian Road Update Moses reported the Meridian Road project is on schedule and is to be completed 8/3/90. SEWER & WATER Granmo reported that a draft is in progress for an interlocal agreement with Evergreen Sewer & Water District. The last modification is in Evergreen's hands. A joint meeting will be held 6/6/90 at 7:00 p.m. ANNOUNCEMENTS: 262 Committee Meetings: Sewer & Water/Evergreen-6/6/90 7:00 p.m. Sewer & Water-6/6/90 7:00 a:m. Public Works-6/12/90 7:00 a.m. Budget Session"6/25/90 8:00 a.m. ADJOURN The meeting was adjourned at 11:04 P.M. ATTEST: Amy Robertson, City Clerk Treasurer Debbie Liverman, Recording Secretary Approved as presented June 18, 1990 1 1