04/06/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. ON MONDAY, 171
APRI,L 6, 1.981 IN THE COUNCIL CHAMBERS AT CITY HALLS MAYOR HAPP PRESIDED. ALL COUNCIL-
MEN WERE PRESENT.
APPROVE MINUTES
Councilman.Smith'moved the minutes of the March 16, 1981 meting be approved as presented.
Seconded by Councilman O'Boyle. Motion carried.
.OPEN BIDS.'- -Sewer Pipe
Waterworks Supplies Co. Bid Bond 4,200 Lin. Ft. 12" @ 4.46 $18,732.00
- Ag &-Turf Irrigation Cashiers Check 4,200 Lin. Ft. 12" @ 4.45 18,690.00
DK Conc'rete.Products Cashiers Check 4,200 Lin. Ft. 12" @ 4.67 19,614.00
Elk River, Concrete Prod. Check 4,200 Lin. Ft. 12" @ 5.28 22,176.00
Councilman Granmo moved to refer the bids to the Sewer & Water Committee with power to
act. Seconded by Councilman O'Boyle. Motion carried.
OPEN BIDS - 'Swim .Pool Repair
Pack $ Company Bid Bond $4,933.10
Kasala Enterprises Cashier's Check 4,991.00
The Pool Works Cashier's Check 14,307.49
Councilman Smith moved to refer the bids to the Park Committee with power to act.
Seconded by Councilman Daley. Motion carried.
CITY HALL VETO
VETO MESSAGE
At the rnreting of March 16, 1981, -lhe City Counc.:i_l votccl i:t?
4c:cc=pt the bid of 11atelich Construction Co,,itpany to demolish the Ol.d
Cite Mall and the Pire Depar_tmcnt Annex.
I have vetoed the Council Action as I am.permit-od to do by
law.
I am required to submit any reasons for my veto in the
fol'lowing.js submitted:
1) Condition: 'The original building should be removed but
the fire hall annex, built in the late 1940`s, is strue-
-turally sound. This has been verified by the'Building De-
partment- The footings and roof joists are such that it
would be possible to addanother floor_ if ever needed.
2). Use: It is now used mainly forstorage of our most expen-
sively equipped vehicles - namely STEP vans, police cars
and police motorcycles_ Ve need that storage.
3) Use: It also houses the office of the City Surveyor wber_e
he can work in a quiet cltTaosphere. To displace hini vo-uld
result in lost wor): hours: at this point the only other_
finished space available for the Surveyor is adjacent to
the basement coffee room which is used a couple of hour_,
a day, If his office needed to be Onlarged it is simple
to do so -- the galls, heal and lights are alxeziuy th-,ere.
replace would cost at least $60, 000 to $80, 000.
Conclusion:: xis 'the ' intei:est of ec.oncamy and of.f:i.ciency ,T Can-
n
ot--appbrt the;_ �ec-xsion to ,raze the annex portion of the bu:i.lO i-Za9 .
It is unrealistic to demoliSh a building that can noN.,7 -:iccoinmodlaL;c,
oovbred storage for five full=sired vehicles, two. motorcycles, SeIic
o..€.bear stored .itcrns: and the- Sur-Yeyor.'s offi. c .. What- area plus. some
other space ',already used for outside storage would be replaced with
ten uncovered:'Parking _spot's;.. By razingthe original -building front
portion we axe .providing eighteen nevi spaces thus we are still
providing, eightlecia new spaces that aa;e not available noi:7 for the
beijef it , of the .downtown, business cornmunit' _
By accepting the, alternate bid we also save $3, 600 in derrtoli•_
tion costs. That sum should.be: enough to cosmetically enhance t-.hc
appea.ran:ce ofthe annex. We may be able .to'provide a plaza -like
appearanco to the new lot Vith benches and .greenery. if, in a faw
years, we find we need this .space for public parking and the City's.
vehicle s.torage,need'is .satisfied .someplace else, it will be simple
to. ciemolisli the annex at.that .'rime: It ;zs unreasonable to consider
rep,l acing it .at this time, when. City finances ere so tight.
Respectful,li submitted this 6 th dad' of Aj�,)ri' 1901.
hYorma I: liezpp Mayor
Mayor Happ asked for a motion to 'override the veto. No, one responded.
ADDRESSING THE COUNCIL
Dean Marquardt presented the:, following. request
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MARK ffi InC.
P.O. BOX 338
KALISPELL., MONTANA 59901
April 6, 1981
The .Honorable Mayor and City Council
City Hall
Kalispell, MT 59901
Dear Mayor Happ and City Council;
We would like to meet with you at your meeting on April 6, 1981
regarding sewer service for Greenacres West Unit #4. In line with
our -previous discussions .we propose the following:
I - We would construct the sewer to city specifications and would
avmr the_ system for_ 10 .years during the repayment period. During this
time the sewer would be maintained by the city.. Sewer rates would be
125Z of city rates.
2 - Extensions to the Greenacres West water system to serve Unit
#4 would be constructed to city specifications.
3 - Streets in Unit #4 would be -constructed to county specifica=
ti.ons but a gravel walk would be provided on'one side of each street.
4 We would waive the right to protest annexation and the right
to protest Special Assessment proceedings for street widening and
storm drainage.
5 - Provisions of repayment contracts for the various portions
of the sewer system would be worked out with the Public Works.Director
:and approved by the City Attorney and City Council.
The subdivision has received feasibility approval from the Farm-
ers Home Administration. Final approval is assured in the near future.
In order to meet this year's construction schedule we need to proceed
without delay. Your favorable consideration will be appreciated.
Very truly yours,
Dean K. Marquard
President
DKM:cdm
Councilman Granmo stated that he will be having a Committee meeting at 8:15 A.M. on
Thursday, April 9th, and the request will be reviewed at this time. Mr. Marquardt
stated he would like action by the next regular meeting if possible.
PUBLIC HEARING - Junior High School Annexation
ORDINANCE #974
Councilman Smith moved first reading of Ordinance #971, an ordinance to extend the city
limits to include Lot 22, Block 2, Northwest Tracts and a portion of County -road located
north of Three Mile Drive and south of the north border of Lot 13, Block 2 and Lot 29,
Block 1, of Northwest Tracts. Zoning will be R-4. Conditions for annexation will be:
1) School District # 5 dedicate an additional 20 foot right-of-way from Lot 22 to in-
crease width of the county road to the 60 foot city specs; and 2) The City shall not
bpey required to remove snow from the bike route along the County Road, Seconded. by
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- iCounci1man.01B6yle asked who would bring the road to city specs: the County, the
SchookR District,. or the City?
Afterdiscussi.on, Councilman Smith -amended the motion to a third tgndition,.that School
bisveict # -5 would build the. -road to City specs. Councilman Daley :seconded the amend==
meat. '
yMayor Happ asked if there were any proponents or opponents who wished to speak. No one.
re$ponded. Roll call vote. All voted aye. Mr. Allred, Superintendent of School District -
# 5�, w il'b-o informed ,of the third condition of the annexation.
PUBLIC HEARING. -OUTLAW INN ZONING REQUEST FOR NEW OFFICE CONSTRUCTION
ORDINANCE. #975
Councilman Smith moved, first reading t.o' enact Ordinance #975 , an ordinance to amend
Appendix B to change land owned by Toxstensen & Dasen.from.zone B6 to B3. Seconded by
Councilman Zauner. Councilman Smith ptesented the following findings of fact:
FINDINGS OF FACT
OR KALISPELL CITY COUNCIL
Upon a public hearing conducted by the Kalispell
City"Council .in itschambers on April 5; 1981, the following
Findings of Fact are made 'relative to the request of Ronald
W.. Torstenson and Richard Dasen to rezone a certain tract
of land situated in the City of Kalispell, Montana from.
Resort Business B-6 to General Business B-3 according
toQning Ordinance No: 885 of the City of Kalispell,
Montana;
1. The requested zone change'is in accordance
with the 1974 Comprehensive Development Plan for the
Kalispell Planning Area, and within which the tract
requested below to be.re-zoned is located.
2. The requested zone change wall not.increase
traffic congestion in the area and preliminary
plans addressing the proposed development for the
tractshow a re -design of an existing intersection
which will eliminate current confusing and hazardous.
conditions at said intersection.
3. The proposed zone change iaill secure safety
from fire, panic, and other dangers in that the
change is .necessary to facilitate the construction
of a modern building in accordance with the appli-
cable provisions of the 1979 edition of the Uniform
Building Code, as adopted by the City of Kalispell,
which structure,will replace dated wooden facilities
presently located on the tract of land to be re -zoned.
4. The requested zonechange will promote the
- health and general welfare of the public by en-
couraging and permitting well -planned develop-
ment of the area for the betterment of the City
of Kalispell and surrounding area as a whole.
5. The:zone change is anticipated to have no
impact upon existing light and air, but will im-
prove the aesthetic appeal of the area as a result
of the.proposed development.
6. The zone change will not cause an undue con-
centration of population in the area, but will
provide further decentralization of the demand for
commercial space and satisfy existing and anticipated
needs in the area of the zone change.
7. It is -anticipated that the requested zone change
will have little or no Impact on the water, sewerage,
schools and parks, but that it will facilitate the
adequate provision of transportation through the
anticipated re -design and reconstruction of an
existing hazardous intersection.
8. The requested zone change is made with reason-
able consideration to the character of the district
within which it is located and its peculiar suitability
for commercial uses and wth a view to conserving the
value of buildings and encouraging the most appropriate
use of land throughout the City of Kalispell. The
area requested to be re -zoned is already, zoned commercial
and is completely surrounded by additional commercial
property and the proposed development will provide the
community a higher and better use of land and serve
to upgrade the immediate area which should have a
positive impact upon property values in the surrounding
area.
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DATED this 6th'day of April, 1981.
Randy Schumacher, 2009;Fhfth Avenue_ East, spoke against the motion. He asked if we
really needed more office space in Kalispell and it would not draw tenants from the
downtown area and worsen the situation. He said the proposed seven story office
building will stand out like a sore thumb and will also cause an additional traffic
problem:
Attorney Dan Johns,.r.epresenting the Outlaw Inn; replied that there is no evidence it
will cause more traffic and he has contacted. the State Highway Department about re-
construction of a.road that'is now an intersection aft the 7-11 Store. This will al-
leviate a problem that is already there. B3 zoning will be compatible with Rosauers,
which is just across the highway.
Councilman Smith stated that this'is not .a decision as to competition. The Zoning
Commission and Annexation Committee voted. unanimously for the zone change and the
request is highly recommended by.the Planning Staff. Question called. Roll call vote.
All voted aye.
COMMITTEE'REPORTS
FINANCE
Councilman .Ruiz reported that the Finance Committee.has audited the claims for March
and moved that th,ose.found in order be paid. Seconded by Councilman Daley. Motion
carried.
The Finance Committee will meet at. 3:30 P.M. on Thursday, April 9th.
ANNEXATION
Councilman Smith stated there will be an nnexation Committee meeting at 3:45 P.M. on
Wednesday, April 8th. She asked.that a date be set for a public hearing to amend
Appendix B regarding barber and beauty shops
EMPLOYMENT -
Councilman Zauner had no report.
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PARKS
Councilman Daley displayed and explained a map showing the drainage problem on Dry Bridge
Park. Mr. Daley explained the progress being made on the proposal for an indoor swim pool
complex, and moved that Mayor Happ inform the area Chamber of Commerce that this Council
is in full support of an enclosed swimming pool. Seconded by Councilman Saverud. Motion
carried.
The Parks & Recreation Committee will meet jointly with the Street & Alley Committee on
Wednesday afternoon immediately following the annexation meeting.
STREET & ALLEY
Councilman O'Boyle moved to accept bid for $5,225 four four traffic counters, one solid
state control panel and one battery recharges. Seconded by Councilman Daley. Motion
carried.
Councilman O'Boyle moved to authorize Director of Public Works Hafferman to proceed with
rep air of Conrad Drive on Woodland Park side, where the bank is caving. Payment is to
be made from Revenue Sharing in the amount of $2,500.00. Seconded by Councilman Daley.
Motion carried.
CITY DEVELOPMENT
Councilman Saverud moved that Mayor Happ be authorized to sign a new lease agreement with
the Hockaday Art Center. Seconded by Councilman O'Boyle. The lease is for $1.00 per year
rent, and the City will pay up to $2,000.00 in expenses for them. Question called.
Motion carried.
DEMOLITION OF OLD CITY HALL
Councilman Saverud moved to accept the Main Bid of Matelich Construction Company for the
demolition of Old City Hall (not including the old fire hall) in the amount of $43,125.00.
Seconded by Councilman Daley. Motion carried. Demolition should start in two weeks.
SEWER & WATER
Councilman Granmo had no report.
SAFETY
Councilman Grainger reported that Dan Bourne and Chris Christenson, patrolmen, have satis-
factorily completed the one year probationary period and moved they be confirmed patrol-
men as of March 31st and April lst respectively. Seconded by Councilman O'Boyle. Motion
carried.
Councilman Grainger moved that Police Chief Stefanic be given permission to leave the
state to attend and teach a school in San Antonio, Texas from April 26th through May 2nd.
Seconded by Councilman Ruiz. Motion carried.
Councilman Grainger reported that the rock work is falling onto the sidewalk on Second
Street East, off Woodland Avenue, and that children and handicapped persons are walking
in the street. He requested Director of Public Works Hafferman to investigate the area.
MISCELLANEOUS
Mayor Happ announced the next Tri-City meeting will be held at the Hanging Tree in
Whitefish on April 15th.
Mayor Happ noted the sobering news that Montana faces the loss of Amtrak and an airline
and she has written to our Representatives in Congress to advise them of the need to
keep them and our support.
Mayor Happ reported a letter from Mr. James E. Murphy, thanking her for the re -appointment
to the Conrad Mansion Board and for all the help the City has given them in the past.
Mayor Happ reported on the Mayor's Inland Empire meeting in Spokane last week. Spokane
is borrowing $1,000,000.00 for expenses for meeting one month's--payro-11. The attitude is
one of despair.
Mayor Happ thanked the Council for their expression of sympathy on the death of her
aunt.
Councilman Saverud moved to authorize Mayor Happ to sign the deed for property on the
east side, which has been purchased with H.U,D. funds to house the handicapped. If
the premise is used for any other purpose, it reverts to the City and cannot be sold
without permission of the City. Seconded by Councilman O'Boyle. Motion carried.
The Parking Commission will meet at 2:00 P.M. on Tuesday, April Tth.
City Attorney Donahue reported that the State Legislature passed a bill allowing cities
to raise water and/or sewer rates 12% by public hearing, Formerly, it was necessary to
ask the Public Service Commission for permission to raise the rates.
Spring clean-up will be starting on April 20th.
Bob Allen, a former Council member, now a member of the Parking Commission, was
congratulated on his new job as Flathead County Auditor,
Councilman Grainger moved to adjourn. Seconded by Councilman Saverud. Motion carried.
Minutes approved as presented April 20, 1981.
Norma E .. Happ , Mayor
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Marjorie iermann, City Clerk
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