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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. 375 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. a 375 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. v 376 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. 3 T ' 1 1 377 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