10/18/99 City Council Minutes1525
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, OCTOBER 18, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON,
GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN
NEIER WERE PRESENT. COUNCIL MEMBER JIM ATKINSON AND CITY MANAGER
CHRIS KUKULSKI WERE ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda as presented. The motion was
seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes -Regular Meeting October 4, 1999
2. Approval of Claims per Payables Register-$152,481.95
3. Pledged Securities as of September 30, 1999
4. Proclamation - Red Ribbon Week
Nystul moved approval of the Consent Agenda as presented. The
motion was seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
None
RESOLUTION 4514 - FINAL PLAT APPROVAL FOR DEPOT PARK SQUARE
This is a request for approval of the revised preliminary (final)
plat for a five -lot commercial condominium at the Depot Park Square
development.
Graves moved Resolution 4514, a resolution approving the final plat
of Building Number Three Depot Park Square Subdivision, an amended
plat of Lot 3, Depot Park Square, Block 36, Kalispell Original
Townsite, Kalispell, Flathead County, Montana. The motion was
seconded by Haarr.
There was discussion.
Ken Yachechak, Meridian Partners, thanked the Council for its
support of the development and stated he feels downtown Kalispell
is still the best investment around and Meridian Partners wants to
continue to add to the Downtown area.
Haarr thanked Yachechak and his partners for their efforts and
commended them for completing the development in such a short time.
Larson agreed, stating it's the beginning of the rebirth of the
downtown.
Donahue said he used to point to that parcel with alarm and now he
points to it with pride.
The motion carried unanimously upon roll call vote.
ORDINANCE 1336 - AN ORDINANCE AMENDING ORDINANCE 1166 - 1ST READING
Neier explained Ordinance 1336 establishes the position of the City
Clerk and adjusts the duties of the Finance Director in accordance
with Montana law.
Scarff moved first reading of Ordinance 1336, an ordinance amending
Chapter 2, Administration, Kalispell Municipal Code by amending
Ordinance 1166, § 2-44, adjusting the duties of City Finance
Director, creating the position of City Clerk, establishing duties
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thereof and authorizing the City Attorney to recodify § 2-44 in
accordance with this ordinance and declaring an effective date.
The motion was seconded by Nystul.
There was discussion.
Nystul said there are a few changes he'd like to see in the
ordinance prior to second reading such as adding that the Finance
Director is responsible for preparing the City's financial
statements. He said under the City Clerk's duties, the section
referring to licenses should be deleted along with the section
making the Clerk responsible for all property belonging to the .
City.
The motion carried unanimously upon roll call vote.
ORDINANCE 1337 - AN ORDINANCE REVISING CHAPTER 9, ARTICLES I & II,
KALISPELL MUNICIPAL CODE - 1ST READING
Neier explained Ordinance 1337 repeals outdated ordinances and
generally revises the qualifications, appointment and suspension of
firefighters.
Larson moved first reading of Ordinance 1337, an ordinance amending
Chapter 9, Fire Department, Kalispell Municipal Code, by amending
R.O. 1947 55 69, 71, 73, and Ordinance 597 § 1; repealing R.O. 1947
H 74, 75, 77, 78; enacting new Section II (qualifications of
firefighters), Section III (term of appointment of firefighters -
probationary period), Section IV (authority to suspend
firefighters), Section V (suspension procedure), Section VI (review
pursuant to collective bargaining agreement), Section XIII
(Firefighters, Unified Retirement Act); authorizing the City
Attorney to recodify Chapter 9 in accordance with this ordinance;
and declaring an of fective date. The motion was seconded by Scarf f .
There was discussion.
Donahue said he has several problems with the ordinance starting
with the physical examination requirement. He said in Section B
under qualifications, firefighters are required to simply pass a
physical examination when they should have to be capable of
performing arduous physical exertion for a certain period of time.
Donahue said that's touched on in Section D where it states the
applicant has to perform the physical work usually required of
firefighters but it needs to be more specific. He said it may help
to combine the two sections.
Neier said the physical requirements are taken straight from State
law, but he can possibly incorporate the two sections into one.
Larson stated the two sections deal with two different types of
physical exams. He said one is a physical agility exam and the
other is a medical exam by a physician.
Nystul said if that's the case, then they should be clarified.
Boharski said he questioned the section that states a firefighter
shall not be more than 34 years of age at time of appointment. He
asked whether that would disqualify a firefighter that has ten
years with another department but is older than 34.
Fire Chief Ted Waggener said the section states 34 years of age at
the time of original appointment, regardless of where that
appointment takes place. He said it wouldn't affect transfers from
one city to another.
The motion carried unanimously upon roll call vote.
ORDINANCE 1338 - AN ORDINANCE REPEALING ARTICLE I, CHAPTER 5,
BUILDINGS, KALISPELL CITY CODE - 1ST READING
Neier explained Ordinance 1338 repeals the sections dealing with
Fire Zones and lot requirements for dwellings because they are
dealt with under the Zoning Ordinance. He said the remainder of
Chapter 5 has not been changed by this Ordinance.
152.7
Graves moved first reading of Ordinance 1338, an ordinance amending
Chapter 5, Buildings, Kalispell Municipal Code, by repealing R.O.
1947, § 926; and Ordinance No.'s 579, § 1 and 754, §§ 1 and 2,
authorizing the City Attorney to recodify Chapter 5, Kalispell
Municipal Code in accordance with this ordinance; and declaring an
effective date. The motion was seconded by Haarr.
There was no discussion.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Boharski made several announcements:
The Planning Board has scheduled a public hearing on the City -
County Master Plan Update for November 9th at Kalispell City Hall.
The draft will be available starting October 23rd at the Flathead
Regional Development Office.
The Northwest Montana Association of Realtors is conducting a
food drive and they will be picking up donations starting tomorrow
evening at 6:00 p.m.
The Notre Dame Glee Club will be performing at the Flathead
High School Wednesday evening, October 20th. Tickets are available
at St. Matthews School.
Leaf pickup has begun and vehicles should be parked on the
even side of the street on even numbered days and the odd side of
the street on odd numbered days.
ADJOURN
The meeting was adjourned at 7:45 p.m.
I
ATTEST:
Theresa White
City Clerk
approved November 1, 1999
1
WM I.6 ohars f
Wm. E. Boharski
Mayor