04/17/89 City Council Minutes121
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY APRIL 17,
1989 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR mmmy PRESIDED. Ca=LMAN
SAVERUD WAS ABSENT. ALL OTHER COUNCILMS 'RS WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
CONSENT AGENDA
Approve Minutes - Regular City Council Meeting April 3, 1989
Approve Claims
City Official Reports
Treasurer's Report (March)
Police Chief "
City Judge "
Building Official "
Fire Department First Quarter Report
Quarterly Pledged Securities
Write Off Old Outstanding Checks
Councilman Schindler moved the consent agenda be approved as presented. Councilman
Gunnerson seconded. Councilman Hopkins pointed out a typing error in the minutes
regarding the additional amount of the L.H.C. Bid for the Southwest Kalispell Project
which the City Clerk/Treasurer agreed to correct.
The motion carried unanimously.
ADDRESSING THE COUNCIL
No one addressed the council.
MAYOR'S REPORT: - No Report
ACKN04LEDGEN TS AND APPOINPM rTPS
Clerk/Treasurer Halver's Certification
Mayor Kennedy read a letter he received from Margaret Griffith, President, IIMC:
On behalf of the International Institute of Municipal Clerks, it gives me
great pleasure to announce that Don Halver, Clerk/Treasurer of the City of
Kalispell, Montana has been awarded the designation of Certified Municipal
Clerk.
This prestigious award recognizes the professional competency of Dcn Halver in
fulfilling the responsibilities and duties of his office. It- is granted
only after a person has met the high educational, experience, and service
requirements established by the IiMC. Such requirements are regularly updated
to keep pace with the changing local government scene.
We are pleased to have a person of Mr. Halver's professional capabilities as a
member of the International Institute of Municipal Clerks.
COMMITTEE REPORTS:
CCMMUNITY DEVELORVEM/PUBLIC B=INGS
O'Neil Lumber Property
Councilman Atkinson moved the City Council approve the purchase of the Lots 6, 7 and 8,
Block 75, Kalispell Original, contingent upon Mr. Robert Smith purchasing and
rehabilitating the old O'Neil Lumber Company Building. Councilman Hopkins seconded.
Councilman Nystul requested the record show the purchase is at appraised value and the
land will be in the name of the City of Kalispell. He also wondered if we needed a
Resolution to do this purchase and City Attorney Neier agreed.
Councilman Hopkins withdrew the second and Atkinson withdrew the motion.
y Resolution #3857
Councilman Atkinson moved Resolution #3857, a resolution authorizing the City of
Kalispell to purchase Lots 6, 7 and 8, Block 75, Kalispell Original, for the appraised
value of $78,750, contingent upon Mr. Robert Smith purchasing Lot 5, Block 75,
Kalispell Original and rehabilitating and occupying for business the old O'Neil Lumber
Ccpany Building.
Councilman Hopkins seconded and the motion carried unanimously upon roll call vote.
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FVCC Properties Purchase Agreement
Councilman Atkinson moved the Council approve the Mayor's signing of the FVCC
agreement, with clarification of Paragraph 5 of the agreement. Councilman Hopkins
seconded.
City Attorney Neier read and explained the clarified paragraph.
The council discussed the property purchase at length.
Councilman Furlong moved to amend Paragraph 5 to read:
"The buyer agrees its purchase of said real property is not based upon any
warranty or representation that the improvements on said property are
suitable for any particular use."
Councilman Atkinson seconded.
Furlong then stated the following information would be deleted from paragraph 5: "The
buyer hereby agrees that it does not intend to occupy the improvements on the meal
property described above and therefore".
The amen n t carried with Hafferman voting no and Gnuierson abstaining.
The amended motion then carried with Hafferman and Schindler voting no and Gunnerson
abstaining.
FINANCE/PERSOMEL & POLICY/PUBLIC BUILDINGS
Ordinance #1132 Salary Ordinance Amendment -- First Reading
Councilman Atkinson moved Ordinance #1132, -an ordinance amending Ordinance No. 1131,
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 July 1, 1988;
repealing all other ordinances in conflict therewith. Councilman Hopkins seconded.
Atkinson explained this ordinance moves the Camunity Development and City Attorney
Secretaries up one step on the Salary Matrix and increases the annual salary of the
City Judge by $1,500. The raises are retroactive to July 1, 1988.
Councilman Gunnerson asked if the salary matrix narrative is ready to be addressed.
Atkinson said it isn't ready yet.
First reading of the Ordinance passed upon roll call vote with Hafferman and Schindler
voting no.
Change of Chair
Mayor Kennedy announced he had to go to another meeting and, in the absence of
Councilman Saverud, turned the chair over to Councilman Nystul, next ranking
councilmember present.
PARKS, PUBLIC LAIRS/ANNEKATION/ZONING/BUILDING PJUTL ATION
Annexation of Wholly Surrounded Properties
Resolution #3839 - Buckallew `Addition #217
Councilman Furlong moved Resolution # 3839, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
the NE1/4MA of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead
County, Montana, to be designated as the Buckallew Addition No: 217, to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3840 - County Addition #218
Councilman Furlong moored Resolution # 3840, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
Government Lot 2 of Section 7, Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana, to be designated as the County Addition No. 218,- to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carded unanimously on roll call vote.
Resolution #3841 - Dry Bridge Addition #219
Councilman Furlong moved Resolution # 3841, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
the NWl/4SE1/4 of Section 17, Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana, to be designated as the Dry Bridge Addition No. 219, to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
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Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3842 - Eighteenth Street Addition #220
Councilman Furlong moved Resolution # 3842, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
the NE1/4NW1/4 of Section 20, Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana, to be designated as the Eighteenth Street Addition No. 220, to fix a
date of Public Hearing thereon, and to provide for due and proper notice of said
annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3843 - Eighth Street Addition #221
CouncihTan Furlong moved Resolution # 3843, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
the Southeast Quarter of Section 18, Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana, to be designated as the Eighth Street Addition No. 221, to fix a date
of Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3844 - Grandview Addition #222
Councilman Furlong moved Resolution # 3844, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
Government Lot 1 of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead
County, Montana, to be designated as the Grandview Addition No. 222, to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call Grote.
Resolution #3845 - Heritage Addition #223
Councilman Furlong moved Resolution # 3845, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
Government Lot 6 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana, to be designated as the Heritage Addition No. 223, to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3846 - Indian Addition #224
Councilman Furlong moved Resolution # 3846, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
Government Lot 1 of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead
County, Montana, to be designated as the Indian Addition No. 224, to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3847 - Meridian Tracts Addition #225
Councilman Furlong moved Resolution # 3847, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
Government Lot 1 of Section 7, Township 28 North, Range 21 west, M.P.M., Flathead
County, Montana, to be designated as the Meridian Tracts Addition No. 225, to fix a
date of Public Hearing thereon, and to provide for due and proper notice of said
annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3848 - Miller Addition #226
Councilman Furlong mowed Resolution # 3848, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
Government Lot I of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead
County, Montana, to be designated as the Miller Addition No. 226, to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
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Resolution #3849 - North Meridian Addition #227
Councilman Furlong moved Resolution # 3849, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
Government Lot 7 of Section 6, Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana., to be designated as the North Meridian Addition No. 227, to fix a date
of Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3850 - Salish Court Addition #228
Councilman Furlong moved Resolution # 3850, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
the West Half of the Southeast Quarter (W1/2SE1/4) of Section 1, Township 28 North,
Mange 22 West, M.P.M., Flathead County, Montana, to be designated as the Salish Court
Addition No. 228, to fix a date of Public Hearing thereon, and to provide for due and
proper notice of said annexation.
Councilman Hopkins seconded and the motion carried unanimously on roll call. vote.
Resolution #3851 - Slivers Addition #229
Councilman Furlong moved Resolution # 3851, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
LeDuc Addition, Flathead County, Montana, to be designated as the Slivers Addition No.
229, to fix a date of Public Hearing thereon, and to provide for due and proper notice
of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on moll call vote.
Resolution #3852 - Sunnyview Addition #230
Councilman Furlong moved Resolution # 3852, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell, said territory being located in
Gorverrrnent Lots 6 and 7 of Section 6, Township 28 North, Range 21 West, M.P.M.,
Flathead County, Montana, to be designated as the Sunnyview Addition No. 230, to fix a
date of Public Hearing thereon, and to provide for due and proper notice of said
annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3853 - Third Avenue Addition #231
Councilman Furlong moved Resolution # 3853, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
the Southwest Quarter of Section 17, Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana, to be designated as the 'Third Avenue Addition. No. 231, to fix a date
of Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3854 - Two Mile Addition #232
Councilman Furlong moved Resolution # 3854, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell, said territory being located in
the SE1/4NE1/4 of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead
County, Montana, to be designated as the Two Mile Addition No. 232, to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
Councilman Hopkins seconded and the motion carried unanimously on roll call vote.
Resolution #3855 - Wyoming Addition #233
Councilman Furlong moved Resolution # 3855, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell, said territory being located in
Government Lots 1 and 2 of Section 7, Township 28 North, Range 21 West, M.P.M.,
Flathead County, Montana, to be designated as the Wyoming Addition No. 233, to fix a
date of Public Hearing thereon, and to provide for due and prr-per notice of said
annexation.
Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
Resolution #3856 - Northwest Tracts Addition #234
Councilman Furlong moved Resolution # 3856, a resolution of intention to annex certain
wholly surrounded territory to the City of Kalispell; said territory being located in
the South Half of Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County,
Montana, to be designated as the Northwest Tracts Addition No; 234, to fix a date of
Public Hearing thereon, and to provide for due and proper notice of said annexation.
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Councilman Atkinson seconded and the motion carried unanimously on roll call vote.
PUBLIC SAFELY/PARKING/GAMBLING - No Report
PUBLIC WORKS/AIR QUALITY/AIRPORT
Street Reconstruction
Councilman Hopkins reported the unfinished projects from last year's plan plus the
reconstruction of South Meridian are the projects for this year for the Street
Department.
The ccrmittee reccomended, and Councilman Hopkins moored, calling for engineering
proposals for the reconstruction of Sixth Street West firm First Avenue West to Sixth
Alley West. Councilman Gunnerson seconded.
Hopkins reported minutes from the Committee Meeting discussing the street projects will
be available to councilmembers before the next meeting.
The motion carried with Councilman Furlong voting no.
SEWER & WATER
Ordinance Requiring use of Public Sewer
Chairman Nystul reported this Ordinance has not yet been reviewed by comittee and
requested that be done before consideration by the council.
Councilman Nystul reported there is a Council Workshop Tuesday April 18, 1989 at 7:30
pm., to discuss Evergreen Sewer issues.
ADJOURN
The meeting was adjourned at 8:58 PM.
ATTEST:
Don Halver, C.M.C., Clerk/Treasurer
Approved as presented May 1, 1989
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"Ed" Kennedy, `Jr. , Mayor