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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. 534 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. 535 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. - - LO-0111 ATTEST: Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 2/16/93