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Staff Reports and InformationI . ! Drawer 1997 • Kalispell, Montana 59903-1997 • (406) 758-7705 • Fax (406) 758-7758 Doug Rauthe, Mayor Clarence Krepps, City Manager Kalispell City Council Members SUBJECT: Kalispell City Court Report for month of OCTOBER, 1996. TOTAL OF FINES AND FORFEITURES: $ 35,632.90 Citations - $14,075.00 Contracts - $16,453.39 Parking - $ 715.00 State Surchgs - $ 1,075.00 City Surchgs - $ 1,457.50 Contract Fees - $ 735.00 DL Reinsts - $ 575.00 Drug Fund - $ 400.00 Interest - $ 147.01 CITATIONS and COMPLAINTS ISSUED: 549 HEARINGS SET DURING THE MONTH: 98 JURY TRIALS ACTUALLY HELD: 2 NONJURY TRIALS HELD: 22 I----------------- Honorable Heidi Ulbricht City Court Judge ih� �Il't ui �� I!iuP Incorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 Mayor Post Office Box 1997 Kalispell, Montana Zip 59903-1997 Clarence W. Krepps City Manager City Council Members: Gary W. Nystul MEMO Ward I Cliff Collins Ward I To: Mayor & City Council Norbert F. Donahue Ward 11 From: Clarence Krepps, City Manager Dale Haarr Ward It Date: December 2, 1996 Jim Atkinson Ward III Re. Storm Sewer Drainage Assessments Lauren Granmo Ward III At the last workshop, there was discussion and concern voiced Pamela B. Kennedy about the "fairness and equitable" taxing procedure that we Ward IV currently utilize for the storm sewer drainage assessments. The M. Duane Larson concern centered around "large parcels" to be annexed and how Ward IV our assessments are affecting these landowners. I have discussed this item with the staff during the last week. I believe we should consider the reduction or elimination of the storm drainage assessments on large parcels that are currently held and, upon annexation, would continue to be held for open space, livestock grazing, or bare country -style acreage. This could be done by reconfiguration of the formula for "large" parcels. A definition of a large parcel would need to be agreed upon and the area of improvement(s) that would be taxed would also need to be agreed to. We would then need to determine the effect upon our storm sewer revenue versus the need for and expense of providing storm sewers to the property. If this procedure for the large parcels would be followed, we would then need to, in lieu of the assessments, create a requirement for the landowner(s) who elects to subdivide, increase density, pave, or make other improvements to mitigate the cost of these charges either on their own or through a special mitigation fee to the City at the time of subdivision. This will take a considerable amount of time to research and compile a report to you. This should also illustrate the effects of this concept on existing, in the City boundaries, large parcels to ensure some equitable formulas. Mayor and City Council Storm Sewer Drainage Assessments December 2, 1996 Page 2 I do not promise that this will be a favorable report nor do I promise that the results will be desirable for annexed properties. I do promise that the research will be done to look at alternatives. This type of report, due to the historical data required, may take several months to complete. I do not recommend that we delay the annexation. The process that has been used to this date has been lengthy, thorough, fair, and complete. We will lose the ground work that has been gained through the process if we further delay the approval. With 23 years of experience behind me, the annexation arguments that have been presented are typical, not new, and are expected. A delay will not change the arguments or the outcome of an annexation authorization. W&W 1 t, 174Q Woc-d!�-;.nd Menue NT 055 65MKLOpY.I91 !Qovernber A 1996 Dea, Mayor 1'�anflhc- of' City (o"111-d: "The lady dath prCaOSL too much, 111CLIAks." (11ijulgi, Act M Scene H) i vv'ottld inizig.-i-Ile 11),al, by Me. 1=1 juni J-1-figlit agict., -,vidi-i'die qtotkon abovbw -1 Nvoold t-;k vo(i to indulue me i6mu bef'ore THE, Dleeiif[L 011 :11"", conc=3 "1110 nly 111"Idle on of, nly -Faini'lly of andl my Liciid;s and, nci bon, up and, Ao..-enue wnct �ViMo-%�' Glen 1 woOd as,11. thai voa CO.11-1dcr thc -fulLvming thAgs w you prepose, to make vouir 11tid de,ision conccrriin-g t1he Grcenazrks ailnexation. Y.�)ur main erherkm for a-!n-,-.,cxing our now i> dae to our receiving city water thi-n,.-chv did not emend sendst, tc, wti. i hopnemvtwn� lls-�S,0 - C 0011 installed tile sym, stealld Clonated it to, ttle We Pay 'an additional I - :S� . -C ht-QCr CrS 01tie of cin, tw��dtio - f i ot1;-` tlu. Civ V�11sdn, �di,oJentY conLCM 10 '1111C to tilt sent Culic!ltiv `,w`fcf, Our soil iii d6s twea iiii, an 1)er6 twe, -witli no himory of gowidwater !)roblt m. z. T Par area Ps C-c"nirpTi�ze'd of SOMe InTgeT IMF (if iar..d, vaT`-ing to the inqjority U10121 ill tile I to 2 acre (-)*,,ir Concern th :jiiL,viss Man ivii Lsiviler th;-- t�a-� fu�nc-td to, the ac-11ditio-aal, Lax= an� ill the Light of our of neWs of city -stivice, the vve excessi-,,,-e and inequitable. I IWW 0, Itj I N 1 11 v0JUDICTT -on thm loll as ranposed". (elf ON I Ad Ape"W"m Vvillgood portion W 03 revemic ns vvetj fiTe chief iz SAr Svnl:II 111I' IT fSOISMIJhLWRogelet�_dve�L,LMiIIS = IMLL e 111 bo 1 1 iulailull Of _Ia!L, I= Mich t-ha! fl-LL dirc C:Ihief nius! L-ce Ln the SAW I "Ilich lie scrve�;. II !, im", hiavc not even had a ,ii do'ti n. meeting with the A to trcmd wotk ow a Soattion to .3 romentiNly NTry daneerous rmoblerm (be b-.,-mkruyqWg fire department, This b�- a my or conceni to the city. J, 1 RUM uf t.pL %7,-Ho o"vn live.-:-tocl: v,'111 be in .-io!mviori of a My ordinance which prcAdbits the keeping of Evestock 1,vithh-I city limits. do not me to be i, lavvbeakcj z;, bi:tt rici(lIer do -we vviSh to I)L flof cCd to glvi� up our minials. ntck m We w(nds Eery mati eo KVcd a 1kif 4 `' zloiliiv 4'4'4h a low turnovel, mr, W, 11USS.1-nd and children and j have hved licre for tt" vearsand are am,Tliz the Temnmer-3''. -o nti,,,hborhood. Nve e71j,'nyed a colmly p0j. Ic" o-LI17 lhve-_�:, mid h�ope to be nble to mamtafn thi,3 In. years to cc.mc. %Vc rcalL,_L� thm cities, ones that have as miich to. offer as Kiil_�pcll� "vill LIlid 't11Li1 i)f 11ev" arca,�- .� aln via�- 10 Pik)VAIC IONLOS to dfcd�, THovvCvei-_ Our afl�a i:,: nx a pois My mw_ bia a slablu (mic. Tkic Snot :cLibjs_'Vid.i IL, 14,jing 011, nol Nvould I be poBible f(--)r the va::t in-.i-iorii-v ..)f as, "is (_tal- I'loil-ICS mul building, sit in, th,- of our lnt�z, Uns of W on-t", f6r t1l,-, VVI y to prondip S-0,01--v for the afraidable VaRy io:-i 'Sc)uflri !Jrivc_ 0-mr f,-E us now, but possibdy 11%: alllci Thiz: has an it is my tinderstmidim that the City cif Kallispeh, is ador)611� an a2�Lrcssivc amrc,-ihon r.rogram. \While 1 penonally disagee vvitb some ofthe r• o a t!L_-• type 1:1,'m, I can Wo Fee the posmAT upen:, sewer and Nv:L, T t,,,D arcas otherwise unfit for hovising, regufiaiing vThat can. be �Ililt 50 a5 to CINUIL0 Se UICI and, Of Lourn, to gyneratc, _-neccz;:�ary i-rcomic tilt City. Due tos recent oulnexation Ilistiory, Y:md thc ncgative press you hav;�, hmd, I su est ths the council p-iove Incif `ood rote ntiomn; bciit.u_ as NOW a, reasonabl, an -1 -1�� ' b - � -,n. 1 hen, Q im mea M iveds en '10 s - le -,li t h�,� ierVcez aid is currenfl,,,- �d"-'Ig in 't� TO brin_'g thi--s nrc-1 into o TO USACM, and anuath, glyw 0cnl In L't !ling 1 'r the v, :',11 DuL, 11L� z�nlal-!Lr ��Lz� ol' QCiV 10to, 1Y1ftCPViLC1 1-k:"CPV-cJ1 11) 1W ankount tL-tja,Iditional fees nuot put in wwom.ibly equitable. Tlhi,i:Jwiinitcly oot dhe i�ase for those kW us With largtr MWIS of land. Wr burdoi of la-ves mid fvc,� �vould be �:ubstanlial, a our needs for addl,!ionctl -tn,icTs ore RAW, nonrxistent, A; labc! the i-d`o'ur 1, id-� i-: tr-.;,icclurate. 1.-,'-xact1yiv'h.at i� louvo& the boandWAS of the City? I,-"- there one -�Zillglle tilLng that the ,lit-v v,'1 lb� off ring tl-iese residents that thev don't :Ircady- ha-ve, and at a lower 1-ldCkWk 00. Arc di;, hoiiicL, or roads suwaudard or 0jisilf ,'�orviparetowhal is C t 1-1 j -10 YvJd-111 coy MY No. MA have a hicalthy- stable V) kiss lived iij a 11, me f6f cold thell hi} lolld ihot may have to subdiddr Our IPTOPM in order to MY -,,rr -horles 15 not proare��C-"-. It J!:. at --4yp— LUIC., 1 n! �111'e '%Vc '�1_11 renieni"er tile tin c t1hat liappened (no threai-��, ju:�A rhetoric!)- I-IC,asC k-,C1fiSjJer QUIC f�Uts as �ou pi-cpafk; ,.uai L,,isiji-is iii the areaaS vvlhich VOU Wit ] be Oil rdionchry. 11 must say, I do itot look fonvardl to the -eenng. 1 Milk it MliV 20 LMjV- FOF my 1 t�31i diankful, for youf forb�cnlr-,I-rlc"'s nit, -!s n fixiti-re ir. the fTOT'If rOVV COT '!N,!:�t TIT1011d experience has been, ni37 tirst in an, foj7m, of goo,,e-im-men( rother thtm writing a a phone caH now mid th -,"i -n n-'ov hn-n2 a ni'nv mr id d aPPIUCKA011 Q, 1-iLl."i tenaciq% mid Ank still tha"t go mi,---mig %A-itlfn toagil and, Conmp'IL:, Lilld ;purobalbly c'uilu' ThaiWqh big Uliday. ilia! 11 how ON yound, an av'Ad' io; -,Ijlc M10hring. but 1':nov, that 1 reAY nierm it. We have a owed thy W a gicat stare mid a grevat cnul"tl"K', al' d jro to be I hCTV i aM See yo-u Mondo-y. City of Kalispell c/o Amy Robertson, Clerk Box 1997 Kalispell Mt 59903 1, Susan W. Haverfield, Election Administrator for Flathead County, do hereby certify the results of the election for the Alternative Form of Government in and for Lhe City of Kalispell as follows: Due the passage of the existing form of city government, the sub -options voted on at this election are void. Certified this 12th day of November, 1996. Susan W. Haverfield Election Admiristrator ' b Dianne M. Murer Election Supervisor . b T A T E M E N T O F V O T E S C A S 8:56:59 8-Nov-1996 FLATHEAD COUNTY, PRESIDENTIAL GENERAL ELECTION, 1996 73 FOR ADOPTION, SELF-GOVERNMENT CHARTER 74 FOR EXISTING FORM OF GOVERNMENT SUB -OPTION 1, LEVYS, COUNCIL OR ELECTORATE VOTE 75 YES COUNCIL,NOT LEVY MORE-107 MILLS 76 NO LEVY, INCREASED BY VOTE ONLY 73.....74 75.....76 0001 RUSSELL SCHOOL GYM KALISPELL 214 284 195 282 0002 LINDERMAN SCHOOL LIBRARY KAL 93 173 91 143 0003 COURTHOUSE E CONFR ROOM 1 KAL 178 228 146 209 0004 SCARFF AUTO CENTER KALISPELL 175 318 198 272 0030 COUNTY FAIR KITCHEN KALISPELL 445 628 419 614 0031 PETERSON SCHOOL GYM 139....277 161....242 0032 HIGH SCHOOL FOYER KALISPELL 198 488 255 384 0040 HEDGES SCHOOL GYMS KALISPELL 188 269 182 251 0041 RUSSELL SCHOOL GYM KALISPELL 294 379 259 381 TOTAL 1,924 3,044 1,906 2,778 H S T A T E M E N T O F V O T E S C A S T 8: 56 s 59 8-Nov-1996 FLATHEAD COUNTY, PRESIDENTIAL GENERAL ELECTION, 1996 SUB -OPTION 2, CITY COUNCIL, EIGHT OR FOUR MEMBERS 77 CITY COUNCIL, 8 MEMBERS, 2 EACH. WARD 78 CITY COUNCIL, 4 MEMBERS, 1 EACH WARD SUB -OPTION 3, COUNCIL MEMBER, ELECTED BY CITY OR WARD 79 COUNCIL RESIDE IN WARD, ELECTED BY ALL 80 COUNCIL RESIDE IN WARD ELECTED BY WARD 77.....78 79.....80 0001 RUSSELL SCHOOL GYM KALISPELL 291 191 199 293 0002 LINDERMAN SCHOOL LIBRARY KAL 152 90 98 154 0003 COURTHOUSE E CONFR ROOM 1 KAL 225 159 159 235 0004 SCARFF AUTO CENTER KALISPELL 285 196 216 265 0030 COUNTY FAIR KITCHEN KALISPELL 622 417 431 611 0031 PETERSON SCHOOL GYM 243....170 180....236 0032 HIGH SCHOOL FOYER KALISPELL 400 253 274 378 0040 HEDGES SCHOOL GYM KALISPELL 245 183 164 269 0041 RUSSELL SCHOOL GYM KALISPELL 386 252 266 389 TOTAL 2,849 1,911 1,987 2,830 �' s RACIFIC POWER A Division of PocifiCorp For further information contact: Hal Bennett, General Business Manager 406-756-3600 TURN t !0MR-Loil Ill K KALISPELL, BIGFORK -- Pacific Power now offers around -the -clock customer phone service, completing the final phase of a year -long transition to a 24-hour, 7-day-a-week business providing a wider array of more convenient and time -saving billing- payment options. According to Hal Bennett, Pacific Power manager, a new customer information computer system along with a companywide business center are helping speed customer service processes, which include the 24-hour telephone customer service and increased payment options outside the traditional office. The new, 24-hour toll -free customer service number is 1-888-221-7070. With the 24-hour customer phone service in place, Pacific Power customers will be able to conduct business by phone with the company from the privacy of their home any time of the day, any day of the week, 365 days a year. "Many of our customers already do business with us by phone or mail," he says. "Those options remain and are being expanded to include other convenient payment locations where local residents generally do other business." In Kalispell, customers may pay their bills in person at two pay stations, which will process bill payments during working hours. Customers should have their billing statements with them to pay by cash or check. Pay stations are: - Valley Bank of Kalispell; Open 8 a.m.- 6 p.m. Monday -Friday - PTI Communications, 290 N. Main; Open 8 a.m.-5:30 p.m. Monday -Friday -more- For added convenience, drop boxes are another payment option. In Kalispell and Bigfork, six drop boxes will be available: Fred Meyer, Buttrey Food & Drug, Rosauer's, Super 1 Foods and Tidyman's, all in Kalispell; and Lake Hills IGA in Bigfork. Payments by check or money -order should be placed in the Pacific Power envelope provided with the billing statement. Additionally, customers may still mail their payments in the Pacific Power envelope provided in the billing statement. As part of this transition, the company discontinues walk-in billing, payment and credit services at its Kalispell customer office Eriday. Nov. 8, 1996 . As general business manager, Bennett will continue to play an active role in community organizations and issues. Additionally, the Pacific Power operations and maintenance staff will continue to quickly respond to outages or emergencies. "I know that the quality of electric service is always important to our customers," Bennett concludes. "I want to assure them that the quality of our service will be unaffected by these changes." -30- (�l 0 a IS I Incorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 MayorPost Office Box 1997 Kalispell, Montana Clarence W. Krepps Zip 59903-1997 City Manager City Council November 18, 1996 Members: Cary W. Nvstul Ward I Sandon Construction Cliff Collins P.O. Box 836 Ward I Kalispell, MT 59903-0836 Norbert F. Donahue Ward II Dear Greg, Dale Haarr Ward II Your contract with the City of Kalispell for Curbing and Sidewalk Construction for the Year Endine June 30. 1997 is terminated as of November 18, 1996 for lack of Jim Atkinson performance. My letters to you dated October 16th and October 25th were blatantly Ward III ibmored. Sandon Construction made no effort whatsoever to meet the obligations of Lauren Granmo the contract. Neither of my letters were directly responded to nor did you ever see Ward II I me personally to resolve these issues. Fred Zavodny apprised you of my feelings on Pamela B. Kennedy your lack of performance on several occasions. Your assurances to him have proven Ward IV to be misrepresentations. M. Duane Larson Ward IV We will be notifying your bond company at once. The difference between your contract prices and the actual construction costs of the next bidder are the responsibility of Sandon Construction. All work completed throughout the duration of the contract life will be subject to the penalty. Regards, Robert H. Babb Director of Public Works cc: Clarence Krepps, City Manager Glen Neier, City Attomey file i Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 October i 6, 1996 Greg Sandon P.O. Box 836 Kalispell, MT 59903-0836 RE: Sidewalk Replacement Dear Greg, In order to meet the deadline for property owners to take advantage of the eight year sidewalk and curbing assessment program. the sidewalks and curbing at the following locations must be installed immediately: 1246 4th Avenue East 803 6th Avenue East 1048 2nd Avenue West ?96 4th Avenue WN 457 6th Avenue EN 38 6th Avenue West ( Thomas Printing) Westside Alley - Royball Project - install three straight curb radiuses. The limits of the projects are marked at each location. As of this date these projects shall take priority over all other City projects. Since R ert H. Babb City Engineer ICU: cc: file Douglas Rauthe Mayor Clarence W. Krepps City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward 11 Dale Haarr Ward 11 Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV PLEASE NOTE THE STAFF REPORTS TAB -THE USUAL STAFF REPORTS AND WILL HAVE FYI (For Your Information Items) ALSO, SO PLEASE REMEMBER TO CHECK. THE FYI ITEMS WILT, BE ON TOP OF THE STAFF REPORTS. 95: To: Mayor & City Council From: Clarence Krepps, City Manager Date: September 30, 1996 Re.: Black Notebooks In an effort to save time and material, we are submitting the necessary paperwork to you in your books. We ask that you please make sure to give your book back to Debbie at the --end of our meeting. We also ask that any paperwork you remove from the book return with you next week for your use at the Council Meeting, -`as it will not be replaced in your book. f JUL-01-96 MOIL 02a01 CITY OF KENNEWICK ;7 FAX NO, 5095854445 P. 01, 402 RULES ON ORM 544. ship rolls and is not under a disciplinary suspension, retains the full rights of a voting member and is legally entitled to vote except as the bylaws may otherwise provide. RIGHT OP ABSTMNMOI%c Aithough it is the duty of cvcry mernber who has an opinion on a question to express it by his vote, he can abstain, since he cannot be compelled to vote. By the same token, where an office or position is to be filled by a number of members, as in the case of a committee, or positions on a board, a mcmber may par- tially abstain by voting for less than all of those for whom he is entitled to vote. ABSTAINING FROM VOTING ON A. QUESTTON OF DIRECT PEP SOMA' INTSPUEST. No member should vote on a qu eiiz- tionin which he has a direct personal or pecuniary interest not common to other members of the organization. For example, if a motion proposes that the organization enter into a contract with a commercial firm ofwhich a member of the organization is an officer and from which contract he would derive personal pecuniary profit, the member should abstain from voting on the motion. VOTING ON QUESTIONS AFFECTING ONESELF, The rime on abstaining from voting on a question of direct personal interest doesitat mean that a member is pre. Y,-ntcd from voti;ig for himself for in office or other position to which members generallyareeligible, nor from voting wficnother member,-, arc included with him in a inotion. If a member could .never vote on a question affecting himself, it would be impossible for a society to vote to hold a banquet, or for the majority to prevent a small minority from preferring charges against them and suspending or expelling them (60). $44. VOUNG P;Locvj)vu. 403 PJ.TLE AGAIVST EXPLANATION BY MEMBERS DU1UX0 VOTING. A member has no right to "explain his vote" during, voting, which would bicthc same as debate at such time, CHANGING ONEs voTi. A member ha,% the right to change his vote up to -the time the result is announced; after that he can make the change only by permission ofthe assembly, which can be given by unanimous consent (p, 52), or by the adoption of a motion to grant the permis- sion, which is undcloatabic. ASSEMBLY'S PREROGATrVE IN JUDGING VOTING PkO. CEI)URF_S_ Unless the bylaws provide otherwise, the amembly itself is the judge of all questions ad sing which are incidental to the voting or the counting ofthc votes. In a.D cic'ction by ballot, for example, the tellers (pp. 407-"9) should refer to the assembly for decision all questions on which there is any uncertainty, Re�galar Methods of Voting on Motions In Chaptcr 11 arc described the following methods of voting: I) by wire (ripa Pm) —the normal method of voting on a motion, 2) by rising —used in verifying an inconclusive voice vote, and in voting on motions requiring a two-thirds vote for adoption; 3) by sbow of m;&—an alternate method that can be used in place of a rising vote in very small assemblies if no member objects. In some small groups,a vote by show of hands is also used in place of a voice vote as normal method of voting. Margery Pike Registered Parliamefttilhan 5711 West Payette Rennewick, W;A 99336 509/585-4275 50W78_37Z7