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09/16/91 City Council Minutes4 0 403 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, SEPTEMBER 16, 1991, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMAN NYSTUL WAS ASSENT AND ALL OTHER COUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Claims per Payables Register Approve Minutes -September 3, 1991 Buck moved the consent agenda be approved. The motion was seconded. ADDRESSING THE COUNCIL Tid an's Project Dave Mumby, Fred Meyer meat cutter, summarized his impression of the public hearing at the last council meeting. He requested the decision be delayed indefinitely until it can be put on the ballot for the voters to decide. Proposed Ashley Business Park Henry Oldenburg, Bigfork, encouraged the council to approve the proposed Ashley Business Park. Ordinances 1168 & 1169 Max Lauder, 1138 1st Avenue East, was concerned with the use of monies and the transportation plan regarding Ordinance 1168. In reference to Ordinance 1169, he felt the notification process was inadequate. He felt persons affected by the project should be notified other than by legal ads. Bill Gould, City/County Planning Board member, encouraged delaying the decision. He felt both ordinances need more debate and more public input. He felt the community needed more information as to the Tax Increment process. Gould was bothered that the Ashley Business Park issue did not come before the City/County Planning Board. The reason being that it was a 5 unit subdivision and was not required to come before the board. He understood the reason it is being turned down is because it requires a change in the Master Plan and a change in the Master plan, he felt should have been brought before the City/County Planning Board. He felt more communication with the county would avoid pursuing the law suit. ORDINANCES & RESOLUTIONS Ordinance 1168-Approval of an Urban Renewal Project -The Kalispell Market Place-2nd Reading Kennedy moved Ordinance 1168, an ordinance relating to the Kalispell Downtown Redevelopment Plan; approving a certain project as urban renewal project and authorizing the negotiation of a development agreement with Warehouse Industries, Inc. d/b/a Tidyman's with regard to said urban renewal project. The motion was seconded. Kennedy spoke in favor of the motion. Rauthe explained the proposed ordinance in detail. Rauthe and Larson spoke in favor of the motion. With a roll call vote the motion carried. 1-1 i .01 404 Ordinance 1169-Modify Downtown _Redevelopment Plan--2nd _Reading Moses moved Ordinance 1169, an ordinance relating to the Kalispell Downtown Redevelopment Plan; modifying the procedure for modification and amendments thereto. The motion was seconded. Larson, Atkinson, Granmo, Collins and Moses spoke against the motion. Upon roll call vote the motion failed unanimously. Ordinance 1170-Floodplain-2nd Reading Kennedy moved Ordinance 1170, an ordinance amending Ordinance No. 1101, "The City of Kalispell Floodplain Ordinance" to implement the floodplain and floodway management laws of the State of Montana within the city. Said ordinance provides for establishment of floodplains,' floodways and floodway fringe districts within the city and a map designating same; terms used in administration thereof are defined; uses allowed and prohibited are defined, and use permits provided for with criteria of issuance thereof; flood proofing requirements are set out; a floodway administrator is provided for and his duties under the ordinance are established; variances are provided for and a Kalispell Flood Hazard Board of Adjustment established to administer applications for same; violation of said ordinance is made a misdemeanor; to provide for an effective date. The motion was seconded. The motion carried with a roll call vote. Ordinance 1171-Salary Ordinance -1st Reading Atkinson moved Ordinance 1171, an ordinance amending Ordinance No. 1167, fixing the limits of the salary and compensation of the city officials, supervisors, and employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., beginning July 1, 1991; repealing all other ordinances in conflict therewith. The motion was seconded. Williams explained that the purpose of this ordinance is to implement the minor reorganization in the Public Works Department, which includes two job title changes and a reduction in the scope of requirement for the third, in a job realignment. Upon a roll call vote the motion carried. Resolution 4017-Buffalo Head Propert Moses moved Resolution 4017, a resolution authorizing the sale of lots 4, S, 6, 7, 8, 9, 11, 12, 13, 16, 18, 19, 20 and 21; Buffalo Head Addition No. 92, Kalispell, Flathead County, Montana. The motion was seconded. The purpose of this resolution is to authorize the sale of the Buffalo Head Properties for a price of $260,000. The motion carried with a roll call vote. BUSINESS FROM MAYOR & COUNCIL Proclamation -Constitution Week Rauthe proclaimed the week of September 17-23 as Constitution Week. Department of Transportation -Correspondence -outgoing A Regional Scenic Bi-Ways and Rural Tourism Workshop was held in Whitefish and Pat Thomas local landscape architect, introduced Don Byer and Tom Edak who were attending the workshop. Don Byer, State Engineering Office of Oregon, explained Oregon's statewide highway plan and strategies to meet future needs. 1 405 Tom Edak, Federal Highway Department of Washington D.C., commented briefly on Federal highway funding. Byer wished the City luck on the Hwy 93 project. Rauthe thanked Byer and Edak for sharing their information with the council. Rauthe read the proposed letter to be sent to Mr. Rothwell. There was discussion as to the content of the letter. A new draft of the letter will be prepared and distributed to council for review and input. Public Works Road Work Buck complimented Williams and the Public Works Department on the road work being done, he commented it is a great improvement. BUSINESS FROM MANAGER County Health/Air Quality Proposal Williams recommended moving the control of the Air Quality Control to the County Health Department. Kennedy moved the council endorse the recommendation for a City/County Health representative to become the County's Air Pollution Control Authority. The motion was seconded. The motion carried upon vote. Ashley Business Park Williams asked for authority to proceed with litigation and direct the city attorney to do so. Granmo abstained from discussion and vote due to conflict of interest. Kennedy moved the council authorize the city attorney to enter into litigation in regards to the Ashley Business Park. The motion was seconded. Rauthe and Larson spoke in favor of the motion. The motion carried with a vote. Mower Bid Award Recently bids were opened for a new Parks mowing machine. Three bids were received, Parson Equipment- $18,130, Midland Equipment- $17,933 and John Deere-$15,197. Williams recommended John Deere be awarded the bid in the amount of $15,197. Atkinson moved the bid award for the Parks mowing machine be given to John Deere in the amount of $15,197. The motion was seconded. The motion carried upon vote. Ambulance Bids Williams explained there were two bids received for the ambulance and were non -responsive and did not meet the specifications as outlined. Both bids were over the amount budgeted. He recommends both bids be rejected, review the bid specifications and rebid. Atkinson moved the two bids be rejected for the ambulance and be rebid. The motion was seconded. The motion carried upon vote. .10G 406 Manager Contract Extension Atkinson moved the manager's contract be extended for at least 30 days or until an agreement can be reached on a new contract. The motion was seconded. Granmo and Kennedy spoke against the motion. They felt a specific time frame should be met. Upon vote the motion failed with Collins, Moses and Atkinson voting in favor. Kennedy moved to extend the manager's contract for 45 days. The motion was seconded. The motion carried unanimously upon vote. Correspondence Williams reminded council of various important correspondence in their boxes needing attention. STAFF REPORTS No work session next week. Next work session 9/30/91 Next council meeting 10/7/91 ADJOURN The meeting was adjourned at 10:00 p.m. Dougl s D. Rauthe, Mayor ATTEST: Amy IK Robertson, Finance Director Debbie Gifford, Clerk of Council Approved October 21, 1991 1 C