09/16/91 City Council Minutes4 0
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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.
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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.
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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.
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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
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