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09/08/98 City Council Minutes1333 1333 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, SEPTEMBER 8, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT GARY NYSTUL PRESIDED. COUNCIL MEMBERS NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. MAYOR WILLIAM E. BOHARSKI AND COUNCIL MEMBER JIM ATKINSON WERE ABSENT. President Nystul called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda with the elimination of Agenda Item 10, the appointment to the KDC Board of Directors, and Agenda Item 12, the appointment to the Board of Adjustment. The motion was seconded by Donahue. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting August 17, 1998 B. Approval of Claims per Payables Register-$1,080,179.91 Van Natta moved approval of the Consent Agenda as presented. The motion was seconded by Larson. There was discussion. Nystul stated a correction needs to be made to Page 4 of the Minutes by adding Nystul as voting on the Amendment. Donahue asked that claims be presented to the Council earlier than three days before the meeting so members have time to look at them more closely. He suggested possibly going over them during a work session. Neier said the accounts payable clerk doesn't get the claims until the Wednesday or Thursday prior to a Council meeting and if the Council wants to hold them for a work session it will delay payments. Haarr asked Finance Director Amy Robertson to explain the Staples Credit Plan. Robertson said the City staff has been utilizing Staples more because both of the local stores, Corporate Express and Boise Cascade, have removed supplies from their shelves and if you need something in a hurry employees have to go outside the City. The motion carried unanimously upon vote. HEAR THE PUBLIC James R. McDonald, McDonald Architects, gave a slide presentation of the Central School Museum project and informed Council members that Central School is about eighty percent (80%) complete and should be ready for occupancy around the end of October. Jackie Holt, 347 2nd Avenue West, President of Hotel & Restaurant Employees Union Local 427, said she wants to inform the Council that Cavanaugh's Hospitality Corporation has a union contract before the Food and Beverage Membership, but has failed to give recognition to the Housekeeping Department. She said a delegation is traveling to Spokane tomorrow in an attempt to meet with Cavanaugh's Board Members and request recognition. Denise Shelly, 2160 Airport Road #6, stated the Housekeeping Department wants to build a partnership with Cavanaugh's Corporation. She said employees feel that by unionizing, they can better their situation and provide a trained reliable work force for the employer. 1334 1334 Roxanne Brothers, 786 4th Avenue West North, asked the Council to explain the procedure for reviewing the applicants for City Manager. Brothers added that it "worries" her that one candidate has been singled out in the press with comments by Council members. Damian Warner, 306 East 3rd, Whitefish, said he works at Grouse Mountain bodge and supports workers at the Outlaw Inn in their efforts to form a Union. Neier announced that Frank Garner has been appointed Chief of Police and he feels Garner has demonstrated the skill, background and ambition to best lead the Kalispell Police Department. Neier said the appointment is subject to Garner's successful completion of the probationary conditions of the Employee Handbook and compliance with all conditions set forth in the job announcement. Garner stated he is "greatly honored" to be appointed Police Chief and has high regard for the Police Department, adding that it's gratifying being a "local kid" that grew up to be Police Chief. He said he will do everything he can to maintain the high level of standards the Police Department is known for. RESOLUTION 4430 - STOP SIGN - 8th STREET WEST & 8TH AVENUE WEST Neier explained the intersection has one of the highest accident rates of any uncontrolled intersection within the City and Police Chief Frank Garner is recommending that stop signs be erected for east and west bound traffic on 8th Street. He said Resolution 4430 authorizes the placement of the signs and Council passage is requested. Van Natta moved Resolution 4430, a resolution approving the placement of a stop sign in the east and west bound lanes on 8th Street West at its intersection with 8th Avenue West and declaring an effective date. The motion ,was seconded by Scarff. There was discussion. Donahue stated he feels it's not necessary to have a stop sign at that street and having stop signs "wally nilly" in the City is a bad thing when the real problem is the over growth of bushes and the failure to trim trees that obscure the intersections. He said the City has an ordinance that requires property owners to trim bushes and trees near intersections. Donahue said the Police Department needs to give notices to the owner of properties in violation of this ordinance and if the problem still exists after fifteen days, the owner needs to be ticketed. He said putting in a stop sign is the wrong remedy and is like "trying to kill a gnat with a shotgun." Larson said he doesn't see the recommendation as "willy nilly" installation of a stop sign. He said the Council has a letter from a resident who has seen several accidents at the intersection, the Police Department has recommended the stop sign, and he encourages everyone to vote for it. Graves concurred with both Donahue and Larson stating the stop sign should be erected and the intersections should be cleaned up. Garner agreed, saying there are intersections that need to be looked at, however this intersection is the worst one in the Valley for right of way violations and he thinks the matter needs to be addressed immediately. The motion carried upon roll call vote with Graves, Larson, Scarff, Van Natta and Nystul voting in favor, and Donahue and Haarr voting against. RESOLUTION 4431 - BUDGET TRANSFERS Neier explained that at the end of the budget there are always some line items for which expenditures have exceeded appropriations and vice versa. He said as long as the total expenditures do not exceed the total appropriations, the City is authorized to transfer among appropriations to compensate for the shortfalls. Neier stated Resolution 4431 is a "housekeeping matter" and should be adopted by the Council. 1335 1335 Haarr moved Resolution 4431, a resolution to approve a transfer among appropriations within a general classification of expenditures as adopted by the City of Kalispell Budget for 1998 Fiscal Year. The motion was seconded by Graves. There was no discussion. The motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Nystul voting in favor. ORDINANCE 1291 - BUILDING FEE - 2ND READING Neier said the Council discussed this ordinance on August 17 and made editorial changes which have now been incorporated in the document. Larson moved the second reading of Ordinance 1291, an ordinance amending Ordinance No. 1221, Section I, by establishing fees for building permits issued within the jurisdictional area of the City of Kalispell, Montana, Building Department of eighty percent (80%) of the fees authorized by the Uniform Building Code, 1988 Edition, and establishing an effective date. The motion was seconded by Graves. There was no discussion. The motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Nystul voting in favor. ORDINANCE 1292 - ZONING FEE - 2ND READING Neier explained in conjunction with Ordinance 1291, this ordinance institutes a zoning fee based upon the cost of the building permit fee. He said the Council adjusted the recommendation of the twenty percent (20%) to twenty five percent (25%) of the building fee. Neier stated Ordinance 1292 has been changed to reflect Council's recommendation and is now ready for second and final reading. Donahue moved the second reading of Ordinance 1292, an ordinance establishing a zoning administration fee of twenty five percent (25%) of the building permit for all building construction within the City of Kalispell, Montana, and declaring an effective date. The motion was seconded by Haarr. There was no discussion. The motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Nystul voting in favor. ORDINANCE 1293 - SALARY - 2ND READING Neier told the Council that AFSCME employees became entitled to a salary increase on July 1, 1998. He said in addition, Staff has recommended a salary range increase of five percent (5%) for appointed officers, supervisors and other salaried employees. Neier said Ordinance 1293 passed first reading on August 17 and is ready for second and final reading. Scarff moved the second reading of Ordinance 1293, an ordinance amending Ordinance No. 1277, 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., commencing on the dates indicated herein, repealing all other ordinances in conflict therein. The motion was seconded by Larson. There was no discussion. The motion carried upon roll call vote with Donahue, Graves, Haarr, Larson, Scarff, Van Natta and Nystul voting in favor. ORDINANCE 1294 - ZONE CHANGE - WILLIAM NEAT, HAMMER - RA-1 TO B-4 1ST READING Neier said William Hammer, D.D.S., operates a dental office located at 140 Fifth Street West in Kalispell and although the office has existed at this location for many years, it is located in a Low Density Residential Apartment District and is therefore non- conforming. He said because Hammer desires to expand the facility, 1336 1336 and not his practice, the City -County Planning Board voted unanimously to allow the zone change to Central Business. Graves moved Ordinance 1294, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described as the north 17 feet of Lot 17 and Lot 18, Block 87 of Kalispell Original located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County (Previously Zoned City RA-1, Low Density Residential Apartment) to B-4 (Central Business), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Haarr. There was discussion. Donahue said because only part of Lot 17 is affected, this is spot zoning. He said the change would result in Lot 17 having two separate zoning classifications. Neier said the zone change would have minimal impact on the area. Nystul stated his only concern is the B-4 designation, which allows approximately seventy four (74) uses, sitting in a residential area. He said zoning for a neighborhood professional office would be more appropriate. Donahue moved to table the ordinance. The motion died for lack of a second. The motion carried upon roll call vote with Graves, Haarr® Larson, Scarff and Van Natta voting in favor, and Donahue and Nystul voting against. KALISPELL BYPASS ACCESS CONTROL Neier explained the City has received a letter from Neil Consultants Inc., discussing limited access controls to be placed on the Kalispell Bypass. He said City approval of the limited access control is required for final MDOT action on the project. Public works Director Jim Hansz said Neil Consultants assured him this is a "crossing the t's, dotting the is type of process" that allows them to move forward with the project. He said even though a construction date has not been set, several property owners have expressed interest in selling their property to the State for right of way and the State can't do anything until the City agrees to the bypass as a limited access facility. Hansz added the State isn't asking the Council to commit to a specific plan, just agree to the concept of a limited access bypass. Scarff asked if it's true the project may be ten or twenty years down the road. Hansz said it may be at least that long before funding is found for a project of this size. Van Natta moved the Council concur with project NH 5-3(60)109 and the recommendation of the State that the Kalispell Bypass be a limited access facility. The motion was seconded by Scarff. The motion carried unanimously upon vote. APPOINTMENT - VILLAGE COUNTY SEWER DISTRICT BOARD OF DIRECTORS By statute, the City is entitled to membership on the board of a sewer or water district which serves persons residing with the corporate boundaries of the City. village County Sewer District serves Fairway Boulevard Estates, Buffalo Stage and River view Greens, all located within the City limits. The term of current board member Marlys Davis has expired and she has indicated a willingness to continue her service. Nystul said Mayor Boharski has recommended that Davis be reappointed. I 1 1 Donahue moved to concur with the Mayor's recommendation and appoint Marlys Davis to the village County Sewer District Board of Directors. The motion was seconded by Haarr. 1337 There was discussion. Donahue commented that Davis has been serving on the Board for seven years without reappointment. He said Board appointments should occur every four years and the City needs to set up a better tickler system to keep track of them. The motion carried unanimously upon vote. AUTHORITY TO BID - SNOW BLOWER The Public Works Department is requesting the authority to advertise for bids for a loader mounted snow blower which was approved during the budget process. Graves moved to give the Public Works Department the authority to advertise for bids for a loader mounted snow blower. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. COUNCIL COMMENTS'INFORMATION"/QUESTIONS Larson asked Neier if the Council has a written procedure for selecting a new City Manager. Neier answered the same procedure is being followed that was used when the previous manager was hired. He said the Council will be receiving the applications after the meeting and he suggests Council members pick ten or fifteen top candidates. Neier said after that, a workshop will be held to narrow the list down to six or seven and then reference checks will be done. He said by the end of October he hopes the Council will agree on three to five candidates to interview personally. Nystul asked Neier to develop a written procedure and time table so the Council knows exactly what's expected of them. Donahue said he's looked at the Glacier Gold Contract for the disposition of the City's sewer plant sludge, and he feels there is room for improvement to protect the City in the event of a default or violation. He asked for Council permission to discuss the contract with the City Attorney and make possible changes for the next workshop. There was no objection. Haarr said he received a citizen complaint today about the weeds in the Equity Supply block and he would like to know what is going to happen to that property and if there's anything Neier can do to get the owners to cut the weeds. Neier said he would check into it. ADJOURN The meeting was adjourned at 8:25 p.m. Wm.E.5ohar5ki . Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council approved 09/21/98