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04/19/93 City Council Minutes05 5: 554 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 19, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. COUNCILMEMBERS ATKINSON, GRANMO, MOSES, BUCK, LARSON, KENNEDY AND COLLINS WERE PRESENT. COUNCILMAN NYSTUL WAS ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -April 5, 1993 Approve Claims per Payables Register Pledged Securities 3/31/93 Moses moved to approve the consent agenda. The motion was seconded. The motion carried with a vote. ADDRESSING THE COUNCIL Tree City USA Award Bill Wright, 1104 1st Avenue East, Street Tree Commission member, announced the City of Kalispell has been awarded the Tree City USA Award for the 6th year. He noted the City also received a Growth Award. He presented the Mayor with the plaque awards. He thanked Parks Director Baker and his crew for the good work done. Mayor Rauthe also commended the Street Tree Commission for all the time and effort put into it and the dedicated'thought. PUBLIC HEARING DeMeester Zone Text Amendment Proponents Don Wylder, 480 1st Avenue East North, spoke in favor, on behalf of himself and his wife. Opponents None Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS Ordinance 1193-Parking on Boulevards-2nd Reading The purpose of this ordinance is to prohibit parking on the City's sidewalks and on a boulevard where a curb exists. The proposed ordinance has been written in such a manner that parking will be allowed on the boulevard area in neighborhoods of the community where there are no sidewalks or curbs. Kennedy moved Ordinance 1193, an ordinance to amend Section 17-46, Kalispell City Code to prohibit parking on the sidewalks and on a boulevard where a curb exists, and declare an effective date. The motion was seconded. The motion carried with a roll call vote. Ordinance 1194-DeMeester Zone Text Amendment-lst Reading The purpose of this ordinance is to amend the text language of the B-1 zone to allow as a conditional use quick copy shops and related printing type businesses. Atkinson moved Ordinance 1194, an ordinance amending Section 27.13.030 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by expanding the list of Conditional Uses in a Neighborhood Business, B-1 Zoning Classification to include Printing/Publishing/ Reproduction/Blueprinting/Photostating Establishments" as a Conditional Use, and declaring an effective date. The motion was seconded. 555 There was discussion. Williams suggested adding the language "not to include newspaper printing or other publishing uses". Granmo moved to amend the motion to include the descriptions as enclosed on the memo from Brian Wood, Zoning Administrator. Wood's memo reflects adding the language "Printing, reproduction, photostating establishments (not to include newspaper printing or other publishing uses)". The amendment carried with a vote. There was more discussion. The amended motion carried upon roll call vote. Resolution 4094-Building Jurisdiction Collins moved Resolution 4094, a resolution authorizing an extension of the City of Kalispell's Building Code Enforcement Jurisdictional area. The motion was seconded. The City has been requested by the State of Montana Building Codes Division to submit an official statement of its intent to expand the City's Building Jurisdiction boundaries to the 4 1/2 mile limit allowed by law. This resolution officially expresses Council interest regarding the expansion of the building boundaries. The Building Codes Division will be holding a public hearing at City Hall May 5 at 7:30 p.m. to receive public comment concerning the City's request. Granmo spoke against the motion. Kennedy and Buck spoke in favor of the motion. There was discussion. Collins spoke in favor of the motion. With a roll call vote the motion carried with Granmo voting against. BUSINESS FROM MAYOR & COUNCIL Proclamations Mayor Rauthe proclaimed the following: Arbor Day 4/30/93 Law Day 5/l/93 Prayer Day 5/6/93 There will be a Prayer Breakfast 5/6/93 at 6:30 a.m. at the Outlaw Inn. At noon there will be a march of the citizens of Kalispell to City Hall to pray for the City and the elected officials that guide this community. National PreSchool Immunization Week 4/24-30/93 City Attorney Appraisal Rauthe reported the Appraisal Committee, Duane Larson, Gary Nystul and himself finished the performance appraisal for City Attorney Neier. The committee recognized him to be outstanding and an asset for the Council and the City Government. The Committee recommended a 5.5% salary increase, retroactive to 1/l/93. Atkinson moved to authorize a 5.5% salary increase for the city attorney retroactive to 1/l/93. The motion was seconded. 556 Kennedy and Collins spoke against the motion. They wanted more time to look at the figures. Moses withdrew the second and Atkinson withdrew his motion. This will be addressed at the next meeting. CRSS Meeting CRSS, Highway 93 Study consultants will hold the first scoping meeting 4/20/93 at the Elk's Club at 7:00 p.m. There will be a meeting in Somers on 4/21/93 and Whitefish on 4/22/93. CRSS now has an office in the Mountain Mall in Whitefish that will be open throughout the process. Fire Department Larson complimented the Kalispell Fire Department on the recent incident at City Service West. They turned a very dangerous situation into one that was easily handled. He felt they did an excellent job and Council applauded them for their efforts. BUSINESS FROM MANAGER Bid Recommendation -Woodland Park Restrooms One bid was received for the remodel work on the Woodland Park restrooms. The bid from Native Way, Inc. was $29,500 which is considerably above the amount budgeted for the work. Williams recommended that Council reject the bid as being too high and allow the project to be re -bid with a more clearly defined scope of work. Larson moved to authorize the rejection of the bid on the Woodland Park restroom remodeling as being too high and allow the project to be re -bid with a more clearly defined scope of work. The motion was seconded. With a vote the motion carried. ISTEA Proposals -Schedule Public Hearing Before the City considers funding projects for the Federal Enhancement Transportation Act, a public hearing must be held. Three proposals are presently being considered for the use of the City's $65,000 annual allocation from the program. Williams suggested that the hearing be scheduled: for May 3, 1993. Buck moved the city manager be authorized to schedule a public hearing for 5/3/93 for the ISTEA proposals. The motion was seconded. The motion carried upon vote. EN/WN Street Signs A memo has been received from the Postal Service concerning the mail delay as a result of the City designating streets in the north portion of the community West North and East North as opposed to the standard Northwest and Northeast. The City would like to begin replacing the street signs in these parts of town and would request a final decision from Council concerning this issue. Buck spoke against the change. Atkinson moved the council change the designation of the quadrants of the City from West North/East North to Northwest/Northeast. The motion was seconded. Collins spoke against the motion. Kennedy spoke in favor of the motion. Buck, Granmo, Moses and Larson spoke against the motion. Upon vote the motion failed with Kennedy voting in favor. 05- 7 r r 1 557 Police Confirmations Williams requested confirmation of Daniel Bourne as Sergeant and Mark Mulcahy as patrolman. Both have performed in excellent fashion and have completed their probation periods. Larson moved to confirm Daniel Bourne as Sergeant and Mark Mulcahy as patrolman for the Kalispell Police Department. The motion was seconded. The motion carried unanimously. Settlement Agreement Williams explained the settlement agreement reached in the law suit filed against the City by employee Bill Muller. Atkinson moved the passage of the Comprehensive and Final Release and Settlement Agreement and Resignation from Employment of William Muller. The motion was seconded. The motion carried with a vote. STAFF REPORTS Rauthe reported he received a letter from the Solid Waste Board indicating Lauren Granmo's term will be expiring in June and will need his re -appointment if he is still interested or another appointment. This will be discussed at the next work session. Next Work Session 4/26/93 7:00 p.m. Next Regular Meeting 5/3/93 7:00 p.m. ADJOURN The meeting was adjourned at 8:07 p.m. _,,•-101 2'0�/�1 �• •D. Rauthe, Mayor ATTEST: Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 5/3/93