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1. Council Minutes - Regular Meeting October 18, 1999A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 18, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBER JIM ATKINSON AND CITY MANAGER CHRIS KUKULSKI WERE ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda as presented. The motion was seconded by Nystul. There waq no discussion. The motion carrl mej unanimously upon vote. CONSENT AG VAL 1. Council Minutes -Regular Meeting October 4, 1999 2. Approval; of Claims per Payab es Register-$152,481.95 3. Pledged. Securities as of September 30, 1999 4. Proclamation - Red. Ribbon Week Nystul moored approval of the Consent Agenda as, presented. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC None RESOLUTION 4514 - FINAL PLAT APPROVAL FOR DEPOT PARK SQUARE This is a request for approval of the revised preliminary (final) plat for a five -lot commercial condominium at the Depot Park Square development_ _ Graves moved Resolution 4514, a resolution approving the final plat of Building Number Three Depot Park Square Subdivision, an amended plat of Lot 3, Depot Park Square, Block 36, Kalispell Original Townsite, Kalispell, Flathead County, Montana. The motion was seconded by gaaarr. Kalispell City Council October 18, 1999 Minutes There was discussion. Ken Yachechak, Meridian Partners, thanked the Council for its support of the development and stated he feels downtown Kalispell is still the best investment around and Meridian Partners wants to continue to add to the Downtown area. Haarr thanked Yachechak and his partners for their efforts and commended them for completing the development in such a short time. Larson agreed, stating it's the beginning of the rebirth of the downtown. Donahue said he used to point to that parcel with alarm and now he points to it with pride. The motion carried unanimously upon roll call vote ORDINANCE 1336 - AN ORDINANCE AMENDING ORDTNANCE 1166 - 1ST READING Neier explained Ordinance 1336 establishes the position of the City Clerk and adjusts the duties of the Finance Director in accordance with Montana law. Scarff moved first reading of Ordinance 1336, an ordinance amending Chapter 2, Administration, Kalispell Municipal Code by amending Ordinance 1166, 5 2-44, adjusting the duties of City Finance Director, creating the position of City Clerk, establishing duties thereof and authorizing the City Attorney to recodify 5 2-44 in accordance with this ordinance and declaring an effective date. The motion was seconded by Nystul. There was discussion. - Nystui said there are a few changes held like to see in the ordinance prior to second reading such as adding that the Finance Director is responsible for preparing the City's financial statements. He said under the City Clerk's duties, the section referring to licenses should be deleted along with the section making the Clerk responsible for all property belonging to the City. The motion carried_ unanimously upon roll call vote. ORDINANCE 1337 - AN ORDINANCE REVISING CHAPTER 9, ARTICLES I & II, KALISPELL MUNICIPAL CODE - 1ST READING Neier explained Ordinance 1337 repeals outdated ordinances and generally revises the qualifications, appointment and suspension of firefighters. Kalispell City Council October 18, I999 Minutes Page ? r f 4 Larson moved first reading of Ordinance 1337, an ordinance amending Chapter 9, Fire Department, Kalispell Municipal Code, by amending R.O. 1947 S§ 69, 71, 73, and Ordinance 597 § 1; repealing R.O. 1947 §§ 74, 75, 77, 78; enacting new Section II (qualifications of firefighters), Section III (term of appointment of firefighters - probationary period), Section IV (authority to '. suspend firefighters), Section V (suspension procedure), Section VI (review pursuant to collective bargaining agreement), Section XIII (Firefighters, Unified Retirement Act); authorizing the City Attorney to recodify Chapter 9 in accordance with this ordinance; and declaring an effective date. The motion was seconded by Scarf f. There was discussion. Donahue said he has several problems with the ordinance starting with the physical examination requirement. He said in Section B under qualifications, firefighters are required to simply pass a physical examination when they should have to be capable of performing arduous physical exertion for a certain period of time. Donahue said that's touched on in Section D where it states the applicant has to perform the physical work usually required of firefighters but it needs to be more specific. He said it may help to combine the two sections. Neier said the physical requirements are taken straight from State law, but he can possibly incorporate the two sections into one. Larson stated the two sections deal with two different types of physical exams. He said one is a physical agility exam and the other is a medical exam by a physician. Nystul said if that's the case, then they should be clarified. Boharski said he questioned the section that states a firefighter shall not be more than 34 years of age at time of appointment. He asked whether that would disqualify a firefighter that has ten years with another department but is older than 34. Fire Chief Ted Waggener said the section states 34 years of age at the time of original appointment, regardless of where that appointment takes place. He said it wouldn't affect transfers from one city to another. The motion carried unanimously upon roll call vote. Kalispell City Council October 18, 1999 Minutes Page 3 of 4 ORDINANCE 1338 - AN ORDINANCE REPEALING ARTICLE I, CHAPTER 5, BUILDINGS KALISPELL CITY CODE - 1ST READING Neier explained Ordinance 1338 repeals the sections dealing with Fire Zones and lot requirements for dwellings because they are dealt with under the Zoning Ordinance. He said the remainder of Chapter 5 has not been changed by this Ordinance. Graves moved first reading of Ordinance 1338, an ordinance amending Chapter 5, Buildings, Kalispell Municipal Code, by repealing R.O. 1947, 5 926; and Ordinance No.'s 579, S 1 and 754, §§ 1 and 2, authorizing the City Attorney to recodify Chapter 5, Kalispell Municipal Code in accordance with this ordinance; and declaring an effective date. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Boharski made several announcements: The Planning Board has scheduled a public hearing on the City - County Master Plan Update for November 9th at Kalispell City Hall. The draft will be available starting October 23rd at the Flathead Regional Development Office. The Northwest Montana Association of Realtors is conducting a food drive and they will be picking up donations starting tomorrow evening at 6:00 p.m. The Notre Dame Glee Club will be performing at the Flathead High School Wednesday evening, October 20th. Tickets are available at St. Matthews School. Leaf pickup has begun and vehicles should be parked on the even side of the street on even numbered days and the odd side of the street on odd numbered days. ADJOURN The meeting was adjourned at 7:45 p.m. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor Kalispell City Council October 18, 1999 Minutes Page 4 of 4