06/17/93 City Council Minutes0571
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JUNE 21, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL.
MAYOR RAUTHE PRESIDED. COUNCILMEMBERS ATKINSON, GRANMO, MOSES,
BUCK, LARSON, KENNEDY, NYSTUL, COLLINS AND CITY MANAGER WILLIAMS
WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Minutes -June 7, 1993
Approve Claims per Payables Register
Buck moved to approve the consent agenda. The motion was seconded.
Nystul noted a claim had been deleted that had already been paid.
The motion carried with a vote.
ADDRESSING THE COUNCIL
No one addressed the council.
ORDINANCES & RESOLUTIONS
Ordinance-1196-No Truck Traffic -Certain Streets-2nd Reading
Collins moved Ordinance 1196, an ordinance to amend Section 17-
48.2, Kalispell City Code (Ordinances No.s 741 and 907) to prohibit
truck traffic on certain streets within the City of Kalispell; and
to provide an effective date. The motion was seconded.
The motion carried with a roll call vote.
Resolution 4101-Close Out Inactive SID Funds to Revolving Fund
Moses moved Resolution 4101, a resolution authorizing the Finance
Director to close out the inactive Special Improvement District
Funds to the SID Revolving Fund. The motion was seconded.
Upon roll call vote the motion carried.
Resolution 4102-Close Out Inactive Special Revenue Fund to Tax
Increment Fund
Larson moved Resolution 4102, a resolution authorizing the Finance
Director to close out the inactive Special Revenue Fund 2965 to the
Tax Increment Fund. The motion was seconded.
With a roll call vote the motion carried.
Resolution 4103-Intent to Create Special Parking Maintenance
District No. 2
Moses moved Resolution 4103, a resolution of intention to create
Special Parking Maintenance District No. 2. The motion was
seconded.
The motion carried upon roll call vote.
Resolution 4104-Intent to Provide Funding of Maintenance for
Special Parking District No. 2
Buck moved Resolution 4104, a resolution of intention to provide
for the funding of the cost of maintaining, operating, repairing,
and improving Special Parking Maintenance District No. 2; providing
for a maximum estimate of total expenses connected therewith which
must be collected by ad valorem taxes; to provide for a protest
period; and to set a date for a public hearing for the passing on
protests and provide a date for the fixing, levying and assessing
of the amount to be raised by ad valorem taxes upon all the
property within Special Parking District No. 2. The motion was
seconded.
Ed Trippet, 445 Main, requested copies of the three resolutions
concerning the proposed parking district.
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The motion carried with a roll call vote.
Resolution 4105-Declaring Need for Parking Commission
Moses moved Resolution 4105, a resolution declaring a need for a
Parking Commission to function An the City of Kalispell, Montana,
and declaring a jurisdictional area wherein said Parking Commission
is authorized to function. The motion was seconded.
There was discussion.
Upon roll call vote the motion carried.
Resolution 4106-Gilbertson Addition -Preliminary Plat
Larson moved Resolution 4106, a resolution conditionally approving
the Preliminary Plat of the subdivision of resubdivision of Lot A
of the resubdivision of Block 12, High School Addition in
Government Lot 3, Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana. The motion was seconded.
The motion carried with a roll call vote.
BUSINESS FROM MAYOR & COUNCIL
Proclamation
Mayor Rauthe proclaimed June 20-June 26, 1993 as DADS' Week.
BUSINESS FROM MANAGER
Northwest Health Care -Conditional Use Permit
Northwest Health Care (KRH) has made an application for a CUP to
construct a storage building on property located in a parking lot
south of the hospital. The City -County Planning Board and Zoning
Commission recommended approval of CUP subject to two conditions.
Williams recommended that the CUP be granted.
Kennedy moved to approve the Conditional Use Permit with the two
attachments for Northwest Health Care. The motion was seconded.
There was discussion.
Kennedy spoke in favor of the motion.
With a vote the motion carried with Nystul voting against.
Developers Diversified Clinic -Conditional Use Permit
Developers Diversified and Dr. Wilson Higgs have made an
application for a CUP to construct a two-story (12,000 sq. ft. main
floor and 4,600 sq. ft. second floor) medical clinic at US #93 and
Sunnyview Lane. The City -County Planning Board recommended
approval of the CUP with 12 conditions. Eventual development of
the entire parcel will include a right-of-way extension for an
intersection with US #93 and Meridian Road as well as an
abandonment of a 60' water line easement which bisects the
property. Williams recommended that the CUP be granted subject to
the conditions.
Collins moved to approve the Conditional Use Permit for the
application made by Dr. Higgs to construct a two-story (12,000 sq.
ft. main floor and 4,600 sq. ft. second floor) medical clinic at US
#93 and Sunnyview Lane. The motion was seconded.
Kennedy spoke in favor of the motion.
Dr. Carl Oehrtman, one of the partners involved in the project,
spoke in favor of a sidewalk but would also like to see sidewalks
go in as a unit throughout the entire development area when
Windward Way is expanded and improved.
Granmo spoke in favor of the concept.
There was discussion.
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Nystul moved to amend the motion by inserting a substitution of
Condition #8 to "the developers will guarantee the installation of
a sidewalk subject to the Director of Public Works approval at such
time as the Sidewalk System for the neighborhood shall be completed
in design". The motion was seconded.
There was more discussion.
Nystul amended the amendment to read "such construction to commence
no later than the acquisition of the right of way for the south
street extension". There was no second.
Nystul amended the amendment to read "the sidewalks to take place
no later than the construction of the alignment of the extension of
Meridian Road". The motion was seconded.
For clarification the amendment is that the developers will
guarantee the construction of a sidewalk subject to the approval of
the Public Works Director at such time as the alignment of the
extension of Meridian Road is constructed.
The amendment carried with a vote.
The amended motion carried upon vote.
Northridge Lutheran Church Expansion -Conditional Use Permit
Northridge Lutheran Church has made an application for a CUP to
expand the Church located at 323 Northridge Drive. The expansion
will accommodate additional space for the Sunday School and adult
education. The expansion will almost double the size of the
structure. The City -County Planning Board and Zoning Commission
recommended approval of the CUP subject to three conditions. One
of the conditions requires the paving of the parking lot and access
roads which previously have created some problems in the
neighborhood. Williams recommended that the CUP be granted subject
to the conditions contained in the Grant of Conditional Use.
Kennedy moved the conditional use permit for Northridge Lutheran
Church be approved. The motion was seconded.
Kennedy and Larson noted their membership in the church but did not
feel it was a conflict of interest.
The motion carried with a vote.
Lilienthal Apartments -Conditional Use Permit
Robert C. Lilienthal has made an application for a CUP to build
three 4-plex apartments on property located in Brown's Addition on
Airport Road. The City -County Planning Board and Zoning Commission
recommended approval of the CUP subject to 12 conditions, contained
in the Grant of Conditional Use. Compliance with all conditions
may result in a reduction in density. Williams recommended that
the CUP be approved subject to the conditions set forth in the
Grant of Conditional Use.
Atkinson moved to approve the conditional use permit for the
Lilienthal apartments with the 12 conditions. The motion was
seconded.
There was discussion.
Upon vote the motion carried.
Juniper Bend Phase II -Final Plat -Phase II Juniper Bend
Phase II of Juniper Bend involves Final Plat approval of five 2
unit townhouses on property located East of Grandview Drive. The
Preliminary Plat Approval of Juniper Bend contained 17 conditions.
The report issued by FRDO indicates substantial compliance with the
Preliminary Plat Approval and recommends Final Plat Approval.
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One comment in the FRDO report indicates a desire by the Developer
to submit a letter of credit on Monday, the 21st of June. The
Final Plat will not be signed for filing unless and until a letter
of credit in the appropriate amount is received by the City
approved by the City Attorney.
Collins moved to approve the final plat of Phase II of Juniper
Bend. The motion was seconded.
With a vote the motion carried.
Kalispell Market Place Phase I -Final Plat
Warehouse Industries, Inc. has made an application for Final Plat
Approval on a portion of the Kalispell Market Place Project. The
Preliminary Plat proposed a five lot subdivision and the approval
contained four conditions. Warehouse's Final Plat creates only
three lots (Phase I) and FRDO recommends that the subdivision be
approved, as complying with the conditions.
Atkinson moved to approve the final plat of Kalispell Market Place
Phase I. The motion was seconded.
Upon vote the motion carried.
Ambulance Write -Offs
At the Work Session of July 14th, 1993 the Finance Director
submitted a list of ambulance write-offs totalling $33,047.14.
Writing off ambulance accounts is a necessary bookkeeping
procedure. Although many of the accounts are uncollectible,
(Medicaid, Deceased/No Estate, Indigent) the Finance Director
continues to attempt collection on some accounts through a
collection agency.
Kennedy moved approval of the ambulance write-offs from 6/92 to
5/93 in the amount of $33,047.14. The motion was seconded.
The motion carried with a vote.
Bid Awards -Street Materials
Bids were opened 6/18/93 for the 1993 Construction Materials as
follows:
Material
Company
Unit
Amount
A. C. Hot Mix
A-1 Paving
ton
$18.25
NuPac
$19.00
Cold Mix
A-1 Paving
ton
$80.00
Sand
L.H.C., Inc.
ton
$ 3.40
L & M Trucking
$ 2.60
Pea Gravel
L.H.C., Inc.
ton
$ 3.20
NuPac
$ 5.00
3/4' Crushed
L.H.C. Inc.
ton
$ 3.20
L & M Trucking
$ 4.80
A-1 Paving
$ 4.40
NuPac
$ 5.00
3" Crushed
L.H.C., Inc.
ton
$ 2.45
A-1 Paving
$ 3.00
6" Pit Run
L.H.C., Inc.
ton
$ 1.20
L & M Trucking
$ 1.20
A-1 Paving
$ 1.50
NuPac
$ 2.50
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Williams and the Public Works Department recommended the following
bid awards:
Material
A.C. Hot Mix
Cold Mix
Sand
Pea Gravel
3/4" Crushed
3" Crushed
6" Pit Run
6" Pit Run
Company
Unit
Amount
A-1 Paving.
ton
$18.25
A-1 Paving
ton
$80.00
L & M Trucking
ton
$ 2.60
L.H.C., Inc.
ton
$ 3.20
L.H.C., Inc.
ton
$ 3.20
L.H.C., Inc.
ton
$ 2.45
L.H.C., Inc.
ton
$ 1.20
L & M Trucking
ton
$ 1.20
Kennedy abstained from discussion and vote.
Collins moved approval of 1993 construction material purchase
recommendations from Public Works Director Babb and City Manager
Williams. The motion was seconded.
The motion carried with a vote.
Curb & Sidewalk
Bids were received from Marriott Concrete and Sandon Construction.
The bid represents fifteen individual items. Given the various
combinations possible for an individual project, either of the
contractor's prices could be low on one project and high on the
next. In order to be fair to the contractors and the property
owners, the Public Works Department recommends the City enter into
contract with both Marriott and Sandon.
Collins moved approval of the bids for the curbing and sidewalk
ending 4/30/94 according to the recommendation from Public Works
Director Babb, to enter into a contract with both Marriott and
Sandon. The motion was seconded.
The motion carried with a vote.
CRSS-Meridian Bypass Recommendation
Williams read the "Draft" letter written to CRSS expressing the
Council's concerns with the recommendation of CRSS to utilize
Meridian Road as a bypass. Pending Council changes the draft
should be approved by the Council, and mailed to CRSS.
After discussion several changes were made to the letter.
Granmo spoke against the letter.
Atkinson moved the city manager be directed to send this letter to
Joe Hart as revised. The motion was seconded.
Collins spoke in favor of the motion.
Upon vote the motion carried with Granmo voting against.
Building Inspector Position
Williams noted Richard Fura had been hired for the Building
Inspector position.
Fire Department Confirmation
Williams reported Craig Fischer has completed his probationary
period and requested confirmation.
Atkinson moved to confirm Craig Fischer as fire fighter to the
Kalispell Fire Department. The motion was seconded.
With a vote the motion carried unanimously.
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STAFF REPORTS
Flathead Building Association
Rauthe noted an invitation was received from the Flathead Building
Association to participate in a brain storming work shop for "One
Stop Shopping" concept for countywide building permits. It will be
held Monday 7/28/93 from 1-4 p.m.
Budget Work Session following this meeting.
Next Work Session 6/28/93 7:00 p.m.
Next Regular Meeting 7/6/93 7:00 p.m.
ADJOURN
The meeting was adjourned at 8:35 p.m.
Douglaq D. Rauthe, Mayor
ATTEST:
Amy H. Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved 7/6/93