05/04/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7.30 P. M. MONDAY,. - ...
MAY 4;,.1981. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT,
APPR(WF MINUTES i.
Councilman Daley moved the minutes, of the regular meeting ,of April 20th be approved as
presenfied' 5ec6'ndeA by Councilman' Zauner. Motion .carxied,.
AWRESSING THE COUNCIL
Mr, 'ijm' •.Thomps.on, representing Taylor,. Thon & Peterson, Architects, addressed the Coun cif
cancerning the. closure of First Street East, between Main and First Avenue. East. The
purpose would bye to create a campus atmosphere. Puns are to apply .for loans and grants
to-build.new.buildings in the place of the ones now owned and being used and to establish
an.up-town college.. There is enough square footage -,in their present property to meet
their master plan.. The street would.be mainly pedestrian and landscaped. The college
is working on student parking. They feel that the boost to cafes, book stores, and
other retail stores -would make -a good, healthy up -town -business. The time element in-
volved would be from 1Z to 36 months, and will probably..be looking at three new buildings.
After discussion about.taxes, student enrollment, tuition -and other related items,
Councilman Daley moved to refer the.request to the Street 4 Alley Committee and report
back. A public hearing will be- necessary .before a street closure can be made.
Jerry Begg.addressed the.Council.with the following request:
May 4, 1981.
Honorable Mayor Happ
Councilmen, City of Kalispell
P.O. Box 1035
Kalispell, Montana 59901
RE: South Meadows Subdivision, Petition for the Creation of Special
Improvement Districts
Dear Mayor.Happ,.
We the undersigned are the record owners of that Portion of the
NE9, Section. 19, T28N, R21W, PM, -Flathead County Montana known as
South Meadows Subdivision, and do hereby petition the City Council
of the City of .Kalispell, Montana, for the creation of the,following
Special Improvement Districts:
Special Improvement District No. ,
for the financing of improvments basic to the entire
subdivision including approach roads, Ashley Creek
Ci•o.ssiiigs, engineering, legal and review fees.
Assessment should be against all lots in the platted
subdivision. Casts should be apportioned on the basis
of square'footage of the parcels benefiting from these
improvements.
2. Special Improvement -District No. 15.3
for the financing of improvements asso ated with street
construction fronting and serving 113 lots designated on
the attached Exhibit 'A' as Phase 1.
Assessment.should be.apportioned as follows:
a) � total cos-t apportioned to each lot on the basis
of perimeter footage adjacent to the paved surface.
b) i total ,post apportioned, to each lot on the basis of
the square footage of the, parcels adjacent to the
paved surface.
Repayment.geriods for each of the Special improvement Districts
shall be QQ years. .
Also transmitted herewith are.'deposita�in the sum of $150.00 each
for each SID created.
Respectfully Submitted,
ll-
Edna R. Be
George M. Begg
1
RESOLUTION #3328.,,
Councilman Smith.moved to. adopt Resolution #3328, a resolution of intention to create
S.I.D. #331. Seconded by Councilman Zauner. Roll call vote. All voted aye.
RESOLUTION 93329
Councilman Smith moved to adopt Resolution #3329, a resolution of intention to create
S.I.D. #332. Seconded by Councilman Saverud. Roll call vote. All voted aye.
PUBLIC HEARING - Zoning Change for BNRR
Burlington Northern Railroad has requested a zone change for an area 250 feet by 220 feet,
which encompasses the Palmer Brothers Store and a vacant site previously occupied by Davis
Pipe & Machinery warehouse. The request asks that the zoning classification be changed
from Light Industrial to Commercial -Light Industrial s❑ that an office building can be
constructed on the site.
Mayor Happ asked for anyone opposing the change to speak. No one responded. Mayor Happ
asked for anyone wishing to speak for the change. Attorney John Gordon told the purpose
of the change - to build an office building.
Councilman Smith presented the following findings of fact:
FLATHEAD REGIONAL DEVELOPMENT OFFICE ZONING REPORT
KZ-81-005
"BURLINGTON-NORTHERN" ZONE CHANGE REQUEST
A report for the Kalispell City Zoning Commission meeting March 10, 1981.
I. BASIS FOR CONSIDERATION:
A written request for zoning map amendment s.ubrnitted by I.D. Shane,
Director, Property Manager, Burlington -Northern, Inc., with consent
from lessees: Douglas B. Parrolt, "Palmer Brothers" and Dawson
Glazier,"Davis Pipe 4 Machinery",
II, AREA OF REQUEST:
Exhibit "A" describes an area 2501 x 2201, which encompasses the
Palmer Brothers Store and a vacant site previously occupied by Davis
Pipe 4 Machinery warehouse (destroyed by fire in the late:1960's).
This site is bounded by B.N. main line on the South, Main Street
(Hwy. #93) on the West, Firestone Store on the North and Wrangler
Oil Warehouse on the East. Described as a portion of Assessors
Tract 2 A in NW14 SE4 Section 7T280, R21W, P.M.M., Flathead County.
III. To change the zoning classification on the above described property
from L.M. (Light Industrial) to C.L.M. (Commercial -Light Industrial),
in accordance with KALISPELL REDEVELOPMENT AREA ZONING, an addendum
to Appendix "B" of THE KALISPELL CITY CODES.
IV. STAFF EVALUATION:
MONTANA SUPREME COURT ZONING TEST CRITERIA
1. Does the new zoning designation comply with the Comprehensive
Plan?
Yes. This area is designated Industrial in the Comprehensive
Plan and therefore, the CLM zoning classification would be in
accordance to the said plan.
2, Is the new zoning designed to lessen congestion in the streets?
No, Congestion will remain comparable with current conditions.
3, Will the new zoning secure safety from fire, panic and other
damages?
The requested change is not conceived as adversely affecting
these considerations,
4. Will the new zoning promote the health and general welfare?
Yes - the requested change will promote the development
.of a presently vacant, unimproved site,
5. Will the new zoning provide adequate light and air?
If developed in accordance with the zoning regulations,
it must be assumed that adequate light and air will be
provided.
b. Will the new zoning prevent overcrowding of land?
The requested zone will provide for density consistent (sic)
with the Comprehensive Plan, and surrounding land uses.
7. Will the new zoning avoid undue concentration of population?
Yes, The requested zone is for expanded commercial and is
not expected to increase the concentration of population.
8. Will the new zoning facilitate the adequate provision of
transportation, water, sewage, schools, parks and other
public requirements?
No, these services are presently provided to the area.
9. Does`the new zoning give consideration to the character of
the district?
Yes. The requested zone is compatible with existing character
of the area.
10. Does the new zoning give consideration to.peculiar suitability
of the property of particular uses?
Yes. The proximity of the property to the B.N. railroad,
mdkes it ideally suited for industrial -commercial type uses.
11. is the new zoning being requested with a view of conserving
the value of the buildings?
Yes. Existing buildings on the site are permitted uses in
both existing and requested zones.
12. Will the new zoning encourage the -most appropriate use of
land throughout the municipality?
Yes. Request is consistent with both the Kalispell Com-
prehensive Plan and the Kalispell Redevelopment Plan.
ORDINANCE #978
Councilman Smith moved first reading to enact Ordinance 4978, an ordinance to amend
the City zoning to change an area Fo.r BNRR from LM to CLM. Seconded by Councilman
Saverud. Roll call vote. All voted aye.
COMMITTEE REPORTS
FINANCE
Councilman Ruiz reported that th& Finance Committee met to .review claims for April
and moved that all those found in order be paid. Seconded by Councilman Smith. Roll
call vote. All voted aye..
ORDINANCE #977
Councilman Ruiz moved second reading or Ordinance #977, an ordinance to establish a
Clerk -Treasurer as an appointive position. Seconded by Councilman Smith. Roll call
vote. All voted aye.
0
LJ
RE�OLUTI.ON.#3330
Counci.lma-4 Ruiz., move' to adopt Resolution #3330, a resolution to amend the Ambulance
Capital Outlay bud'getby $1,250-0.0, which was donated to the City by'the ,Flathead In-
dep�ndent"Insuzance Agents for the purchase of one Electronic Blob d Pressure and Pulse
Monitor.. Seconded by Councilman Saverud. Roll call vote. All vofed aye.
. ..ANNEXATION
ORDINANEE"#974 Junior High School Annexation
Councilman Smith read the following letter:
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KEG L ALLRED
SUPERINTENDENT
KEN SIDERRIS
ASST. SUPERINTENDENT
April 30, 1981
TOM TRUAOLU.
9USNESSMu ZA
GA r�R,OSEi.SR�
_ SC'M"`OOL =DPI TRICT NO. 5
Phone 755-5015 - 233 1st AVE. EAST - KALISPELL, MONTANA 59901
Norma Happ, Mayor
City of Kalispell
P.O. Box 1035
Kalispell, MT 59901
Dear Mayor Happ:
At the hearing of April 20, 1981 on the annexation of Lot 22 and
the roadway from Three Mile Drive to KJHS property, I told the
Council I would discuss this annexation request with the Board
of Trustees because of new information and potentialservice
changes that have occurred since the initial request of two plus
years ago. After some discussion, the Board determined to
withdraw their request on Lot 22. They directed me to officially
inform you of this decision. They also directed me to inform
officials of the City that they will work cooperatively with
city officials if city officials in the future wish to consider
such annexation. With the split feeling on the City Council..and
the question of service to the area being vague, it appears that
this request would best be withdrawn.
We apologize for the inconvenience this request might have created
for city officials. However, at the time it was made, there seemed
to be considerable interest from City as well as District officials.
This District would like to take this opportunity to thank the many
officials of the City who have cooperated so well with this School
District over the years. We pledge our continued cooperation with
city Officials in future: projects of appropriate mutual concern.
Sincerely yours,
�
K L. Allred
Superintendent
KLAlph
cc: Fred Zauner, Chairman of Board
Mary Gibson, Vice -Chairman of Board
Anne Smith, Councilperson
Ken Siderius, Ass't. Supt.
Gary Rose, Admin. Ass't.
County Commissioners
No action taken on second reading of Ordinance #974.
188
ORDINANCE #975 - High Noon Office Building
Councilman Smith moved second reading to enact Ordinance #975, an ordinance -to amend
Ordinance #961 to amend zoning map to change from "Resort Business District B-6" to
"General Business District B-3". Seconded by Councilman Daley. Roll call vote.
All voted aye.
ORDINANCE #976 - Arndt Annexation
Councilman Smith postponed second reading of Ordin ance.#976 until all waivers are
signed and the plat is completed and signed.
RESOLUTION #3331
Councilman Smith moved to adopt Resolution #3331, a resolution to approve the Re -
subdivision of Lots 1 and 3, Gibson Addition #41, Subdivision #132, with the
following conditions:
Approval of the Resubdivision of Lots 1 and 3, Gibsons Addition 441,
Subdivision #132 is recommended with the following conditions:
1. That the 30 foot road and utility easements be extended along
the Westerly sides of (future) Lot 3, and that all corners of
the road and utility easements be curved on a 70 foot center-
line radius.
2. That all roadway easements be paved and identified on the ground,
except two lots, 10 and 11, until improvements.
3. That covenants be established which include:
a) Landowners association for maintenance of road
easements and any other common amenities, and
b) Architectural controls which address; exterior
design, color and materials, building placement
and parking.
c) That each lot submit a site plan to the City Build-
ing inspector for critical review of; building placement,
access for service and emergency vehicles and parking plan.
Seconded by Councilman Grainger. Roll call vote. All voted aye.
ASHLEY REVISITED
Councilman Smith moved to adopt a resolution to subdivide Ashley Revisited with certain
conditions for easements for extra road width, sewer and a landlocked area. Seconded
by Councilman O'Boyle. Councilman Smith said she had not had enough notice to look at
the area hereself, or to discuss it with:her _Committee, and really felt it should be
given more review. Councilman Granmo moved to table the motion. Seconded by Council-
man O'Boyle.:: Motion carried.
EMPLOYMENT
Councilman Zauner reported that letters have been sent to the union regarding negotia-
tions. There will be an all day meeting on May 13th on wage negotiations.
PARKS'
RESOLUTION #3332
Councilman Daley moved to adopt Resolution #3332, a resolution to accept Change
Order #1 on the swim pool repair contract in the amount of $936.10 for putting a
seal coat on the deep part. An extra two days will be added to the contract time.
Seconded by Councilman O'Boyle. Roll call vote. Councilmen Smith, Ruiz and Saverud
voted no. All other Councilmen voted aye. Resolution adopted.
STREET & ALLEY ,
Councilman O'Boyle reported that his. Committee is working on the request to abandon
the alley of Block 21 between 4th and 5th Avenues E.N. There should be a recommenda-
tion at the next meeting.
Councilman O'Boyle stated that Thomas, Dean & Hoskins, Engineers,£or the Main ty
Street Reconstruction Project are asking for $1,000 for adding electrical outlets
for Christmas decorations.
ORDINANCE #979
Councilman O'Boyle moved first reading to enact Ordinance #979, an ordinance to
establish one-way only vehicle traffic on Eighth Street and Ninth Street, between
First Avenue East and First Avenue West and on the unnamed streets in County Court-
house Park. Seconded by Councilman Zauner. Roll call vote. All voted aye.
ORDINANCE #980
Councilman O'Boyle moved first reading to enact Ordinance #980, to establish a certain
loading zone on Second Street East. Seconded by Councilman Grainger. The ordinance is
to be drafted to include authorizing the Chief of Police to change or establish load-
ing zones in the future. Roll call vote. All voted aye.
Councilman O'Boyle moved that the Parking Commission be authorized to order four parking
meter boxes for four city parking lots. Seconded by Councilman Zauner. Motion
carried.
CALL FOR BIDS
Councilman O'Boyle moved that the Street and Alley Committee be given power to act in
authorizing call for bids for road oil, gravel, and sidewalk and curb construction for
1981. Seconded by Councilman Smith. Motion carried.
CITY DEVELOPMENT
Councilman Saverud had no report.
SEWER & WATER
Councilman Granmo reported that the site and agreement concerning the Seventh Avenue
West Outfall for storm sewer has been reviewed by Director of Public Works Hafferman.
The City has not done all the things agreed to in the agreement, but will take care of
them this summer.
INSURANCE
Councilman Grainger reported a letter from Montana Physician's Service which covered the
profit and loss statement for the past year. The company is anticipating a 29.8% in-
crease in premiums or lesser coverage.
Councilman Grainger directed the City Clerk to advertise for quotes for City employee
health insurance coverage.
MISCELLANEOUS
The following meetings are scheduled: Parking Commission, May 5, at 2:00 P.M.
Safety, Insurance $ Finance Committee, May Sth at 3:30 P.M. C.A.B. meeting in
Columbia Falls on May 6 at 10:00 A.M. Parks € Recreation on May 6th at 2:00 P.M.
Annexation Committee meeting on May 6 at 3:30 P.M. Labor negotiations ,all day on
May 13.
BOB MARSHALL WILDERNESS
Councilman Ruiz moved "no action" on a request from the cities of Helena and Missoula
to adopt a resolution opposing unnecessary destruction and leasing of land in the .Bob
Marshall Wilderness. Seconded by Councilman Zauner. Motion tarred. The Councilmen
felt that this was out df their jurisdiction.
Mayor Hupp read the following letter:
CJ
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DEPARTMENT OF ADMINISTRATION
PUBLIC EMPLOYEES RETIREMENT DIVISION
TEb $CHWiNDEN, GOVERNOR
1712 9.TH AVEN UE
STATE OF
NTANA
(406)449-3154
H ELENA. MONTANA59620
April 28, 1981
Honorable Noma E. Happ
Mayor
City of Kalispell
P.O. Box 1035
Kalispell,.NT. 59901
Re: Mmicipal Police Officers' Retirement System
Actuarial Valuation - July 1, 1980
Dear Mayor Happ:
We are pleased to advise you that the July 1, 1980, actuarial valuation
of the M-in cipal Police Officers' Retirement System showed a significant
improvement in the amortization of -theexcess unfunded liability.
Our records show that since July 1, 1980, you have remitted $18,008
to the P.E.R.D. as your excess unfunded liability payment. This is the
payment due based on the 1977 valuation using a 20-year finding period.
New valuations using the .additional, state and employer contribution
rate of lq% of salary, up 2% from the 12% in 1977, requires that the City
of Kalispell need only remit $7,783,for the next 20 years.
Since you have now actually prefunded your excess unRmded liability
payments, you may use the $10,225 credit against your ant-tual payments for
the fiscal years ending June 30, 1982 and, therefore, make no payment during
that fiscal year and the remaining $2,442 may be used against your payment
in fiscal_ year ending June 30, 1983, requiring a payment of $5,341. You,
then., will be required to make payments of $7,783 for the remaining years
of the 20-year period with 5TI. payable on November 30th and 5U/. payable on
May 31st of each fiscal. year.
Thank you for your cooperation in this area and if you should have
any questions, certainly contact this office at your convenience.
Sincerely,
(::,;41 `7
Lawrence P . Nachtsheirn Administrator
strator
* Public7..�.��+�loyees' Retirement Division
J "AN EQUAL. OPPORTUNITY EMPLOYER"
LPIV',] e
GAMBLING PUBLIC HEARING
The Gambling Committee held a public hearing, as per legal notice at 3:30.P.M.
Thursday, May 14, 1981. Mayor Happ presided. Those present were Councilmen
Daley and Grainger, City Attorney Donahue and Police Chief'Stefanic.
ASHLEY SQUARE BINGO
Erna Dean Corpron, 341 Sixth Avenue West, and Betty A. Slack, 1201 Helena Flats
Road, requested a gaming license for the operation of a bingo establishment at
1325 Highway #2 West.
Mayor Happ asked if anyone was present who wished to oppose the application.
No one responded, Corpron already has a dealer's license and Slack will get
the dealer's license that goes with the gaming license.
Hours of operation will be approximately 7:30 P.M, to I0:30 P.M. They will
operate a lunch counter,
Councilman Grainger moved the gaming license be issued, Seconded by City
Attorney Donahue. Motion carried,
THE HINDQUARTER
Art Lindlief, owner of the Hindquarter, and Red McQuade, owner of the Fun Poker
'fables, spoke in behalf of Carla Jacobson, a dealer who lost her .license because
she left Montana and went to Nevada and worked two months, The issue revolved
around,the.requirement for residency.
Councilman Daley moved to reinstate a dealer's license for Carla Jacobson.
Councilman Grainger seconded the motion, Councilmen Daley'and Grainger voted
aye. City Attorney Donahue and Police Chief Stefanie voted nay, Mayor Happ
broke the tie with an I've", Motion carried.
THE PASTIME
Larry Dwaine and Karen Sue Blanton, at 140 Main, operators of The Pastime Bar,
requested a gaming license for the operation of a Fun Poker Table, Karen's
license fee is paid, ,Larry will take the one that goes with the gaming license.
City. Attorney Donahue asked if they have read the gaming regulations and warned
of the responsibilities involved with a gaming license.
Councilman Grainger moved that a gaming license be issued to Larry Dwaine and
Karen Sue Blanton for The Pastime. Seconded by Councilman. Daley. Motion
carried.
There being no further business, the meeting adjourned.
Attest:
MarjorGiermann, City Clerk
Norma E. Happ, May
I
Councilman Grainger moved to adjourn.
Motion carried.
Seconded by Councilman Saverud.
Minutes approved as presented
May 18, 1981
Marjori Giermann, City Clerk
1
1
Norma E. Happ, Mayor