02/01/93 City Council Minutes533
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, FEBRUARY 1, 1993, IN THE COUNCIL CHAMBERS AT CITY
HALL. MAYOR RAUTHE PRESIDED. COUNCILMAN NYSTUL WAS ABSENT AND ALL
OTHER COUNCILMEMBERS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -January 19, 1993
Approve Claims per Payables Register
Moses moved to approve the consent agenda. The motion was
seconded.
The motion carried with a vote.
ADDRESSING THE COUNCIL
Jim Davey, pastor of Community Alliance Church, 348 2nd Avenue
West, clarified the church's position regarding the proposed AMVETS
Club. It was explained to the church that if the church said no,
the club could place the building front on the side or alley and be
allowed anyway. That is why they sent a letter agreeing with the
club so to be good neighbors. If the church said no and the club
would not be allowed at all, that would be the church's preference.
Roger Hopkins, 228 7th Street East, invited everyone to a program
called "Ask Your Legislator", to be held in the council chambers on
Tuesday 2/2/93, sponsored by MCTV.
Barbara Smith, owner of Smith Carpets, 302 2nd Avenue West, spoke
against the proposed AMVETS Club.
Jim Ellis, 433 2nd Avenue West, spoke against the proposed AMVETS
Club.
PUBLIC HEARING
Water Rate Increase
Williams explained the water rate/information packet that was
distributed to the audience.
The purpose of the hearing is Co receive public comment concerning
the City's proposal to increase water rates by 12% effective with
the April 1993 billing.
Proponents
None
Opponents
Con Lundgren, 844 Woodland
Mrs. Lloyd Wilson, 357 8th Avenue East North
Fred Hammel, 505 7th Avenue West
ORDINANCES & RESOLUTIONS
Ordinance 1183-Salary-2nd Reading
Ordinance 1183 amends the salary schedule for all non -union
positions by increasing the Galary -` ,des of the schedule by 3.7%
Price Index for Oct. 91-Oct. 92. No cost of living increases will
be given as a result of this adjustment with the exception of the
City Judge, whose salary will increase 3.7%. Williams recommended
Council adopt the ordinance.
Moses moved Ordinance 1183, an ordinance amending Ordinance No.
1179, 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 January 1, 1993; repealing all other
ordinances in conflict therewith. The motion was seconded.
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Upon roll call vote the motion carried.
Resolution 4090-Water Rate Increase
The purpose of this resolution is tr° allow for the increase of the
City's water rate schedule by 12% effective the April 1993 billing.
The rates were last adjusted June of 1987. Williams recommended
that Council adopt Resolution 4090.
Kennedy moved Resolution 4090, a resolution to adopt the fees,
schedules, rates, charges and classification imposed on the
customers of the City of Kalispell Water Utility. The motion was
seconded.
The motion carried with a roll call vote.
Resolution 4091-AMVETS Club
The City has been contacted by a newly chartered American Veterans
organization. The group is proposing to open an AMVETS Club at 313
2nd Avenue West. The zoning of the property, B-4, permits the use
as proposed. The State of Montana, however, will not issue a
liquor license for the club in the absence of a local resolution
that allows the sale of alcohol at this location, as it is within
600 feet of a church. The property owner Jerry Begg is requesting
that Council pass such a resolution so that the license can be
issued. The pastor of the Community Alliance Church has indicated
to the State that the church does not oppose the issuance of a
license to the club. The City Zoning Official sees no problem with
the request from a zoning or land use standpoint. It is Staff's
recommendation that Council adopt Resolution 4091.
Moses moved Resolution 4091, a resolution authorizing location of
an all beverage liquor license at 313 2nd Avenue West, Kalispell,
and declaring an effective date. The motion was seconded.
Pastor Davey was asked to repeat the church's position.
Pastor Davey clarified that the church understood that if they said
no to the club, that the club could change the front door to
another side of the building and go in anyway so rather than saying
no, the church wanted to be good neighbors and said yes. But would
fer the club not be allowed.
W 121ia.ms stated council is being asked by the State of Montana
Liquor Division to make a decision and he did not feel that where
the door was placed would make any difference, the club would still
be within 600 feet of a church.
There was discussion.
Buck, Larson and Kennedy spoke against the motion.
Jerry Begg, property owner and Dave Phillips answered questions.
Kennedy recommended to table the motion and get more public input.
Atkinson spoke against tabling the motion and against the motion on
the floor.
The motion failed with Granmo voting in favor.
BUSINESS FROM MAYOR & COUNCIL
Goal Setting Work Shoff,
Rauthe thanked the Clerk and City Manager for coordinating the Goal
Setting Work Shop. He also thanked the Staff and Council for the
admirable work accomplished.
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He also noted the Goal Setting Work Shop scheduled for 2/6/93 will
be re -scheduled for another time due to several being out of town.
City Winterfest
Moses thanked those who put in a lot of hard work for the City
Winterfest held on Saturday.
Montana Teen Day
Moses explained Governor Racicot has declared Friday, February 5,
1993 as Montana Teen Day.
Teen Day has been set aside to recognize our Teens and let them
know they are valued as they play an important role in our society
and our future.
BUSINESS FROM MANAGER
Trinity Lutheran Day Care -Conditional Use Permit
The Planning Board held a public hearing on January 12, 1993 to
consider a request from Trinity Lutheran Church for a Conditional
Use Permit to operate a 50 child Day Care Center. The Day Care
Center would be located and operated out of an existing residence
and a remodeled garage at 486 3rd Avenue West North. At the
conclusion of the hearing the Board voted unanimously to recommend
approval of the CUP with 9 conditions. Staff concurred with the
Planning Board's recommendation. Williams noted none of the
conditions include a provision for sidewalks.
Williams recommended a loth condition be added to include the
sidewalk requirement.
Collins moved to approve the conditional use permit to Trinity
Lutheran Church for a Day Care Center with adding a loth condition
to require to have sidewalk installed in front of the project. The
motion was seconded.
There was discussion.
With a vote the motion carried.
New Equipment
Williams invited Council to look at the new backhoe and sludge
truck parked in front of City Hall.
STAFF REPORTS
Goal Setting Work Shop 1/29/93 8:30 a.m.
Next Work Session 2/8/93 7:00 p.m.
Next Regular meeting 2/16/93 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:14 p.m.
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ATTEST:
Amy H. Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved 2/16/93