06/03/91 City Council Minutes374
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 5:00
P.M. MONDAY, JUNE 3, 1991, IN THE COUNCIL CHAMBERS AT CITY HALL.
MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Approve Claims per Payables Register
Buck moved the consent agenda be approved. The motion was
seconded and carried with a vote.
ADDRESSING THE COUNCIL
Proposed Annexation -Fairway Boulevard Townhouses
Sandy Schindler, 105 Fairway Boulevard, President, Fairway
Boulevard Homeowners Association, read a letter expressing
opposition to the proposed annexation of Fairway Boulevard
Townhouses.
Proposed Sign Change
Norbert Donahue, 144 Crestline, spoke against the proposed "EN-
WN" sign change requested by the Postal Service and urged the
council'to vote against it.
ORDINANCES & RESOLUTIONS
Resolution 3982-Heritage Day
Collins moved Resolution 3982, a resolution declaring the Friday
following July 4, 1991 as Heritage Day, thereby establishing
Heritage Day as a legal holiday and declaring an effective date.
The motion was seconded.
With a roll call vote, the motion carried.
Resolution 3983-Montana Superhost Program
Larson moved Resolution 3983, a resolution endorsing the
Kalispell Area Chamber of Commerce as the sponsoring organization
for the City of Kalispell in the Montana Superhost Program. The
motion was seconded.
Upon roll call vote the motion carried.
Resolution 3984-Baltrusch Addition Annexation
Larson moved Resolution 3984, a resolution of intention to annex
certain wholly surrounded territory to the City of Kalispell said
territory being located in Southwest Quarter (SW 1/4) of the
Southeast Quarter (SE 1/4), Section 12, Township 28 North, Range
22 West, P.M.M. Flathead County, Montana, to be designated as the
Baltrusch Addition No. 240, to fix a date of public hearing
thereon, and to provide for due and proper notice of said
annexation. The motion was seconded.
The motion carried with a roll call vote.
Resolution 3985-Pack West Addition Annexation
Larson moved Resolution 3985, a resolution of intention to annex
certain wholly surrounded territory to the City of Kalispell,
said territory being located in Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4), Section 12, Township 28 North, Range
22 West, P.M.M., Flathead County, Montana, to be designated as
the Pack West Addition No. 239, to fix a date of public hearing
thereon, and to provide for due and proper notice of said
annexation. The motion was seconded.
Nystul spoke against the motion.
With a roll call vote the motion carried with Nystul and Kennedy
voting against.
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Resolution 3986-Mauzey Addition Annexation
Larson moved Resolution 3986, a resolution of intention to annex
certain wholly surrounded territory to the City of Kalispell,
said territory being located in Lot 1, Block 11, High School
Addition, Kalispell, Flathead County, Montana, to be designated
as the Mauzey Addition No. 244, to fix a date of public hearing
thereon, and to provide for due and proper notice of said
annexation. The motion was seconded.
The motion carried unanimously with a roll call vote.
Resolution 3987-Riverview Greens Annexation
Buck moved Resolution 3987, a resolution of intention to annex
territory to the City of Kalispell, comprising Riverview Greens,
a plat on file and of record, Clerk and Recorder's Office,
Flathead County, Montana, to be designated as Riverview Greens
Addition No. 241, to fix a date of public hearing thereon, and to
provide for publication of notice of said hearing. The motion
was seconded.
Nystul moved to amend Resolution 3987 by inserting the paragraph
found in Resolution 3986 which says "Whereas the City Council
shall, prior to annexing said property cause to be developed a
"mini -extension of services plan" for the territory described in
Exhibit "A", and proposed by the Resolution to be annexed". The
amendment was seconded.
The amendment carried with a vote.
Nystul spoke against the motion. He felt it was premature to be
addressing this and the next two proposed parcels.
There was discussion to the interpretation of the Sewer District
Connection Agreement regarding the 80% of the approved plan
development.
With a roll call vote the motion carried with Nystul and Atkinson
voting against.
Resolution 3988-Fairway Boulevard Annexation
Kennedy moved Resolution 3988, a resolution of intention to annex
territory to the City of Kalispell, comprising Fairway Boulevard
Townhouses, Phases I, II, III, IV, V, plats on file and of
record, Clerk and Recorder's office, Flathead County, Montana, to
be designated as Fairway Addition No. 242, to fix a date of
public hearing thereon, and to provide for publication of notice
of said hearings. The motion was seconded.
Nystul moved to amend Resolution 3988 by inserting the paragraph
found in Resolution 3986 which says "Whereas the City Council
shall, prior to annexing said property cause to be developed a
"mini -extension of services plan" for the territory described in
Exhibit "A", and proposed by the Resolution to be annexed". The
amendment was seconded.
The amendment carried with a vote.
Nystul's comments on Resolution 3987 apply to this resolution
also.
Upon roll call vote the motion carried with Collins, Nystul and
Atkinson voting against.
Resolution 3989-Sign Change -Postal Service
Kennedy moved Resolution 3989, a resolution re -designating
certain streets and avenues within the City of Kalispell from
East North (E.N.) and West North (W.N.) to North East (N.E.) and
North West (N.W.) to comply with U.S. Postal regulations and
declaring an effective date. The motion was seconded.
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Resolution 3986-Mauzey Addition Annexation
Larson moved Resolution 3986, a resolution of intention to annex
certain wholly surrounded territory to the City of Kalispell,
said territory being located in Lot 1, Block 11, High School
Addition, Kalispell, Flathead County, Montana, to be designated
as the Mauzey Addition No. 244, to fix a date of public hearing
thereon, and to provide for due and proper notice of said
annexation. The motion was seconded.
The motion carried unanimously with a roll call vote.
Resolution 3987-Riverview Greens Annexation
Buck moved Resolution 3987, a resolution of intention to annex
territory to the City of Kalispell, comprising Riverview Greens,
a plat on file and of record, Clerk and Recorder's Office,
Flathead County, Montana, to be designated as Riverview Greens
Addition No. 241, to fix a date of public hearing thereon, and to
provide for publication of notice of said hearing. The motion
was seconded.
Nystul moved to amend Resolution 3987 by inserting the paragraph
found in Resolution 3986 which says "Whereas the City Council
shall, prior to annexing said property cause to be developed a
"mini -extension of services plan" for the territory described in
Exhibit "A", and proposed by the Resolution to be annexed". The
amendment was seconded.
The amendment carried with a vote.
Nystul spoke against the motion. He felt it was premature to be
addressing this and the next two, proposed parcels.
There was discussion to the interpretation of the Sewer District
Connection Agreement regarding the 80% of the approved plan
development.
With a roll call vote the motion carried with Nystul and Atkinson
voting against.
Resolution 3988-Fairway Boulevard Annexation
Kennedy moved Resolution 3988, a resolution of intention to annex
territory to the City of Kalispell, comprising Fairway Boulevard
Townhouses, Phases I, II, III, IV, V, plats on file and of
record, Clerk and Recorder's office, Flathead County, Montana, to
be designated as Fairway Addition No. 242, to fix a date of
public hearing thereon, and to provide for publication of notice
of said hearings. The motion was seconded.
Nystul moved to amend Resolution 3988 by inserting the paragraph
found in Resolution 3986 which says "Whereas the City Council
shall, prior to annexing said property cause to be developed a
"mini -extension of services plan" for the territory described in
Exhibit "A", and proposed by the Resolution to be annexed". The
amendment was seconded.
The amendment carried with a vote.
Nystul's comments on Resolution 3987 apply to this resolution
also.
Upon roll call vote the motion carried with Collins, Nystul and
Atkinson voting against.
Resolution 3989-Sign Change -Postal Service
Kennedy moved Resolution 3989, a resolution re -designating
certain streets and avenues within the City of Kalispell from
East North (E.N.) and West North (W.N.) to North East (N.E.) and
North West (N.W.) to comply with U.S. Postal regulations and
declaring an effective date. The motion was seconded.
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Granmo spoke against the motion and would like more information.
Larson spoke against the motion.
Kennedy spoke in favor of the motion.
Collins spoke in favor of the motion.
Nystul suggested postponing this until the next meeting to allow
for representation from the Postal Service.
With a roll call vote the motion failed with Collins, Buck,
Kennedy and Rauthe voting in favor.
Resolution 3990-Banner Policy
Collins moved Resolution 3990, a resolution establishing a policy
regulating the erection of banners over the public right-of-way
in the City of Kalispell. The motion was seconded.
Buck spoke against the motion.
The motion carried upon roll call vote with Buck and Kennedy
voting against.
BUSINESS FROM MAYOR & COUNCIL
Cranbrook-Sam Steel Days -Invitation
The Mayor of Cranbrook has invited the mayor and city council to
participate in Sam Steel Days in Cranbrook on June 15. RSVP
needed by June 10.
Chicago Bulls Telegram
Some members of the community have requested a telegram of
support be sent to Kalispell resident Phil Jackson, coach of the
Chicago Bulls, as they are in the basketball playoffs.
Williams will send the telegram.
Press Conference
There will be a press conference at the armory June 5, 1991 at
9:00 a.m. regarding the existence of the Kalispell location of
the Montana Army National Guard.
BUSINESS FROM MANAGER
Schedule Public Hearing/School District #5 Request to close a
portion of 5th Avenue East (Hedges Schooll
Williams requested authority to schedule a public hearing June
17, 1991. An official petition from School District #5 has been
received requesting the abandonment of a portion of 5th Avenue
East and an alley between 5th and 6th Avenue East as a safety
problem exists. The district feels this closure would be in the
best interest of the motorists and children to permanently
eliminate interactions between cars and students in and around
the play area at Hedges School.
Nystul moved the city manager be authorized to schedule a public
hearing for June 17, 1991 regarding the closure of a portion of
5th Avenue East and an alley between 5th and 6th Avenue East.
The motion was seconded.
The motion carried unanimously with a vote.
Ambulance Write -Offs
Williams recommended the council authorize the write-off of bad
debts amounting to $53,298.71 and the write-off of $22,229.38
representing Medicare/Medicaid accounts, bankruptcies and
indigents. The $53,298.71 will remain in the Credit Bureau for
collection.
Buck moved the manager be authorized to write-off the bad debts
totaling $53,298.71 and $22,229.38 for Medicare/Medicaid
accounts, bankruptcies and indigents. The motion was seconded.
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The motion carried upon, vote.
Library Request-TIF funding „for computer wiring
The library is still in need of completing the funding package
and are continuing to seek $13,891.31 from the City's TIF
programs. The request has had benefit of the TIF Committee's
recommendation and the staff concurs in the recommendation.
Williams recommended council authorize $13,891.31 in funding
request from the TIF program.
Atkinson moved the council direct the city manager to allocate
$13,891.31 from TIF funding to be dispersed to the county library
for installation of electrical hardware and circulation desk
remodeling. The motion was seconded.
After discussion it was requested to have a policy or list of
funding requests prioritized.
The motion carried upon vote with Collins voting against.
Bid Award Recommendation for City Construction & Maintenance
Materials
Williams recommends the following bid awards for the city
construction and maintenance materials:
Material Company Unit Amount
A.C. Hot Mix Al Paving Ton $18.50
UPM Cold Mix Al Paving Ton 76.00
Asphalt Crushing Torgerson Ton 3.40
Type 1 Pipe Bedding McElroy/Wilken Ton 3.25
Type 1 Pea Gravel McElroy/Wilken Ton 3.50
Type 2 Pipe Bedding McElroy/Wilken Ton 2.50
Crushed Base McElroy/Wilken Ton 3.25
LHC Ton 3.25
Pit Run Sub Base McElroy/Wilken Ton 1.25
Kennedy abstained from discussion and vote.
Nystul moved the awards be made to the low bidders on the
construction and maintenance materials. The motion was seconded.
The motion carried unanimously with a vote.
STAFF REPORTS
Council Work Session 6/5/91 7:00 p.m: - Zoning Ordinance
ADJOURN The meeting was adjourned at 6:07 p.m.
DouglasVD. Rauthe, Mayor
ATTEST:
Amy H. Robertson, Finance Director
Debbie Liverman, Clerk of Council
Approved as presented June 17, 1991