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A. Council Minutes - Regular Meeting September 21, 19981 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, SEPTEMBER 21, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. 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 was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL, A. Council Minutes -Regular Meeting September 8, 1998 B. Approval of Claims per Payables Register-$681,664.57 Nystul moved approval of the Consent Agenda as presented. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Delores Swanberg, representing the Northwest Montana Historical Society, introduced the new director of the Historical Society, Pat Roath. Pat Roath invited the Council to give her a call if they have any comments or questions concerning the Historical Society. John Harper, Parking Director, stated Parking Commission members met today and developed three proposals they would like the Council to consider: 1) the City assume snow plowing and snow removal in the Parking Commission parking lots for fiscal year 1998-1999; 2) the City conduct an on -going search for additional real estate to expand downtown parking; and 3) the City provide office space for the Parking Commission to offset rental expenses. GENERAL A_ SSIS_TANCE TO PARKING COMMISSION The City Council, during the 1998-1999 budget meetings, decided not to provide any funding for the Parking Commission. Due to lack of funds, Parking Director John Harper has asked the Council to take over the removal of snow on City Parking Lots and adjacent sidewalks during the Winter of 1998-1999. F Van Natta moved the City assume the snow removal responsibility for the Parking Commission parking lots and adjacent sidewalks during the winter of 1998-1999. The motion was seconded by Larson. There was discussion. Neier said the snow removal would be handled by the Public Works Department which would have the responsibility of using City employees or hiring contractors. Donahue suggested snow removal from the sidewalks could be handled by people assigned work hours through the Municipal Court. Harper said he used individuals from the Court work program this summer and he feels it would be possible to set up a similar schedule for snow removal. Donahue said if that's the case, then the City's responsibility for the sidewalks should be removed from the motion. Public Works Director Jim Hansz said he's not concerned with plowing the lots, but he didn't expect the sidewalks to be included. He said if the City has to handle the sidewalks, then they should probably get a small snow blower. Boharski asked Harper how much longer the Parking Commission can operate if the City takes over the plowing. Harper answered that with increased revenue from higher fines, and the deletion of the snow removal, the Parking Commission may be able to function until March. Boharski said it's his understanding that money for snow removal normally comes out of the street repair budget, and asked what effect it would have on street work next summer if the City takes on this added responsibility. Hansz stated there is a budget line item for contract services and he anticipates it should cover any cost related to snow removal. He added, however, that if the cost does exceed the amount in contract services, then the money would be coming from the street repair budget unless the Council appropriates additional funding. Van Natta said he's concerned that Harper predicts the Parking Commission will be defunct in the spring and said the Council needs to look at the parking problem and "deal with it in the near future." He said the Council should approve the snow removal, but it won't solve the overall problem. Haarr commented the Parking Commission was created as a "noble experiment" to see if a Commission could develop a strategy to handle the downtown parking problems. He said even though the Commission is maybe doing the job better than before, it's going to run out of money and the only alternative is give the parking back 3 to the Police Department. He added it's always been his position that business owners provide their own parking, and the downtown has to "take the bull by the horns, form their district and assess themselves" and if not, the Police Department is ready to take it over. Scarff asked Harper if the Commission has considered any of the items mentioned at the last workshop, such as lowering permit rates or providing an incentive program. Harper said the Commission feels the best solution is to establish a special improvement district and tax the business owners to support the parking, but the downtown merchants are opposed to an SID and as well as parking meters as a possible form of revenue. Donahue commented as long as "they have such a negative attitude," he doesn't feel the City should "burn ourselves up in trying to help them out." Atkinson inquired as to whether the Parking Commission, despite business owners' objections, will take steps toward establishing an SID if the Council agrees to take over the snow plowing. Harper answered the feeling he gets from the Commission is they will work toward forming the District. Donahue moved to amend the motion by making the Parking Commission responsible for shoveling the sidewalks adjacent to their parking lots according to City ordinances. The motion was seconded by Haarr. There was discussion. Nystul asked Harper if the Parking Commission has the resources to shovel the sidewalks without the City's help. Harper stated he would probably use individuals from the Court's work program. Van Natta asked if the sidewalks would be shoveled early in the morning. Harper said time would tell, but they did an excellent job on the summer work. The amendment carried upon vote with Atkinson voting against. The main motion carried upon vote with Boharski voting against. ORDINANCE 1294 - ZONE CHANGE - WILLIAM N_EAL_HAMMER - RA-1 TO B-4 2ND READING Neier said William Hammer, D.D.S., operates a dental office located at 140 Fifth Street West in Kalispell and although the office has existed at this location for many years, it is located in a Low Density Residential Apartment District and is therefore non- conforming. He said because Hammer desires to expand the facility, and not his practice, the City -County Planning Board voted unanimously to allow the zone change to Central Business. Larson moved the second reading of Ordinance 1294, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described as the north 17 feet of Lot 17 and Lot 18, Block 87 of Kalispell Original located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County (Previously Zoned City RA-1, Low Density Residential Apartment) to B-4 (Central Business), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Graves. There was discussion. Donahue stated he -feels it would property from a residential district zone" the City has. He added it's a of a lot one way, and the other tw said the issue should be sent back tc zoning the entire lot the same. be a mistake to rezone that to the most "concentrated use bad precedent to zone a third thirds another way. Donahue the Planning Board to work on Nystul said he voted against the zone change at the last meeting, but he's realized there is no "good solution" to the problem. He said the business has been there for thirty years and hopefully will continue for the next thirty years. Neier said he understands Donahue's concern but the problem with the current zoning ordinance is that it prohibits, absolutely, the expansion of a non -conforming use. He said one of the solutions may be to change the zoning ordinance to allow expansion under a Conditional Use Permit, but for now, the only remedy is to change the zone. Boharski agreed, saying he doesn't see another solution. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff, van Natta and Boharski voting in favor, and Donahue voting against. AUTHORITY TO BID --COMMERCTAL GRADE OTTFRONT MOWER Neier said the 1998-1999 budget authorized the purchase of a lawnmower by the Parks and Recreation Department in the amount of $22,000.00. He said the Council needs to give the Parks Department the authority to solicit competitive bids. Atkinson moved the Council give the Parks and Recreation Department authority to bid for a Commercial Grade Outfront Mower. The motion was seconded by Nystul. 5 There was no discussion. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. JOB DESCRIPTION APPROVAL . ASSISTANT CHIEF OF POLICE & LIEUTENANT Neier explained that Police Chief Frank Garner has requested the job descriptions for the Assistant Chief of Police and Police Lieutenant be changed by deleting the requirements for a Bachelors Degree, while at the same time giving credit for Police Officer Standards and Training certificates. Neier said he agrees with the recommendation and asked Council to approve the changes. Nystul moved acceptance of the proposed changes to the job descriptions. The motion was seconded by Graves. There was discussion and Police Chief Frank Garner answered questions. Boharski said he understood from past discussions that the requirement was going to be changed from a Bachelors Degree to an Associates Degree. Garner said it may be appropriate to look at a degree requirement in the future, but he doesn't feel it's fair to make the change now and exclude people who have devoted twenty years to law enforcement work. Boharski questioned two sections in the Assistant Chief's job description which say "consideration may be given for Police Officer Standard and Training Certification and a Supervisory Certificate." He asked if Garner is just considering those certificates or requiring them. Garner stated the Police Officer Standard and Training Certificate should be left as being considered, but he would like to require the Supervisory Certificate. Van Natta suggested letter (C) under the Education and Experience section be changed to read, "candidates must possess a Supervisory Certificate." Scarff asked how soon Garner plans to advertise for the position. Garner said he plans to advertise immediately and hopes to complete hiring as soon as possible because the Police Department has been in a transition phase for five months. The motion carried unanimously upon vote. 7.1 Boharski said after looking at the records, he can't find an ordinance or resolution that sets out a policy for the Mayor or Council to make an appointment to the KDC. Boharski said both Atkinson and Haarr have expressed interest in attending those meetings, and he suggested both attend and keep the rest of the Council informed. APPOTNNT'MRN'T' - BOA_Rn OF ADJUGTMFNT Boharski explained two individuals who have requested appointment to the Board of Adjustment, Ron Kelley and Allan Gerhart. He said he would like to recommend the appointment be given to Ron Kelley. Nystul moved the Council concur with the Mayor's recommendation and appoint Ron Kelley to the Board of Adjustment. The motion was seconded by Haarr. There was no discussion. The motion carried upon vote with Scarff voting against. COUNCIL COMMENTSITNFORMATTO QUEgTTON�q Larson commented the Airport is listed on the Work Session Agenda for September 28`h and he asked Neier if that means Morrison-Maierle is done with their report. Neier said he doesn't know if the report is in final form but Morrison-Maierle and representatives from the FAA will be at the Work Session next Monday night to deliver a presentation which should last about two hours. Nystul said the Council had requested cost estimates for a B-1 and B-2 Airport and asked if those would be available Monday night. Neier answered both options will be presented. Van Nat.ta asked that copies of the report, or at least a summary, be available to the Council prior to the Work Session. The meeting was adjourned at 8:10 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council