06/01/81 City Council Minutes194 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M., MONDAY,
JUNE 1, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCIL-
MAN GRAINGER WAS ABSENT., ALL OTHER COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Zauner moved that the minutes of the regular meeting of May 18, 1981 be
approved as presented, Seconded by Councilman Daley, Motion carried.
OPEN BIDS.
Aggregate (Gravel)':
Pack & Company Bid Bond $62,573.60
McElroy & Wilken, Inc, Bid Bond $70,599.80
Councilman Smith moved the bids be referred to the Street & Alley Committee with power
to act. Secanded by Councilman Saverud, Motion carried,
Asphalt (Road oil):
Cenex $200.00 per ton F.O.B. Laurel .for 120/150 or 200/300 AC
$250.00 per ton F.O.B. Laurel for MC-70
Cenex would ship the material freight collect. Cenex would bill the City
for the product only and the truck line would bill•for the freight. The
approximate freight from Laurel to Kalispell is $37.08 per ton, plus 15%
surcharge.
Councilman Smith moved to refer to the Street & Alley Committee with power to refuse or
accept. Seconded by Councilman O'Boyle. Motion carried,
Sidewalk & Curb Construction:
Tru-Mix Concrete Company Bid Bond $37,830.25
Councilman Daley moved the bids be referred to the Street & Alley Committee with power
to act. Seconded by Councilman Zauner. Motion carried,
Open Health Insurance Proposals:
Four proposals received: New England Life, Montana Physicians Service, Equitable and
Blue Cross.
New England Life was opened first and as it gave no quote, Councilman Smith moved to
pdstpone opening the remaining proposals and refer to.the Insurance Committee. Seconded
by Councilman Ruiz. Motion defeated, Remaining proposals were opened,
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Councilman O'Boyle moved to refer the proposals to the Insurance Committee and report back
at the next meeting. Seconded by Councilman Smith. Motion carried.
PUBLIC HEARING
Councilman Smith presented the zone change request of Arthur M, White, Jr. which would
amend the official zoning map to change the zoning classification on Lot 1 and the North
10 feet of Lot 2 of Block 52, Kalispell.Original from D-4 to C-3. She stated th A the
Kalispell City Zoning Commission and the Annexation Committee recommend the petition.be
denied, and further recommend that the petitioner re -submit an application for a D-4
classification and include those lands and landowners on the East one-half of Block 52.
Councilman smith explained that while there is a C-3 zone across the street, the remainder
of Block 52 is D-4 and to change could be designated as spot zoning. She presented the
following "findings of fact":
IV. F.R.D.O, EVALUATION: Based on ZONING TEST CRITERIA..
1. Does the new zoning designation comply with the Comprehensive Plan?
No. The site in question is designated as Area 7 - Residential
Apartment in the Kalispell Downtown Redevelopment Plan (Ordin-
ance No. 933 - see attached map).
2. Is the new zoning designated to lessen congestion in the street?
a) No. If existing uses of the property remain unchanged,
traffic congestion will not change,.
b) Yes. If exising uses change, the offstreet parking standards
would be imposed by the City and/or Parking Commission,
3. Will the new zoning secure safety from fire, panic and other danger?
This may be an arbitrary point:
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1
1
a) If the use remains the same, these uses will become SIcon-
forming" and the safety conditions will remain unchanged.
b) Other permitted uses in the requested zone could create a
greater safety threat than currently exists, or
c) Other permitted uses in the requested zone could present
a lessor safety threat than currently exists.
4.
Will the new
zoning promote health and general welfare:
Again, may be
an arbitrary point, based on the approach to
answering question
3 above.
5.
Will the new
zoning provide adequate light and air?
No, The new
zone provides for 110" bulding set backs from
l6t lines and
no maximum building height. Adjacent D-4
properties must
observe set back and open space requirements.
6.
Will the new
zoning prevent the overcrowding of land?
No. The new
zone would permit 100% coverage of the site with
a structure,
without consideration of adjacent B-4 properties.
7.
Will the new
zoning avoid undue concentration of population?
Another arbitrary point:
a) If existing uses remain, concentrations will be unchanged.
b) The requested zone permits uses which could create concen-
trations far beyond those of the present D-4 classification.
8. Will the new zoning facilitate the adequate provision of trans-
portation, water, sewage, schools, parks and other public re-
quirements?
All services are presently provided to the site and are adequate
in either C-3 or D-4.
9. Does the new zone give consideration to the Character of the Area?
No. Area considered is the surrounding 4 blocks which are in-
ventoried as follows: (% of land area)
North - Block 49 - 100% Residential (Zoned D-4)
y Northeast - Block 48 83% Residential/17% Commercial
Zoned 50% D-4-3 50% C-3
Block 52 - 91% Residential/9% Commercial Zoned D-4
East - Block 53 - 83% Commercial/17% Residential Zoned C-3
10. Does the new zone give consideration to particular suitability of
the property for particular uses?
a) Yes, the requested zone would make the current uses of the
site "conforming uses".
b) No, the site is not unique in comparison to adjacent
properties, and this z block is designated for "High
Density Residential" in the Redevelopment Plan.
11. Is the new zoning being requested with a view of conserving the
value of buildings?
Yes; the requested zone would make the existing structure a
"conforming structure" under the current ordinance.
12. Will the new zoning encourage the most appropriate use of land
throughout the municipality?
No, Throught the redevelopment plan process, it has been deter-
mined thatch-e most appropriate use of this land was for high
density residential. Low interest loans are available through
the Redevelopment Program for rehabilitation and redevelopment,
A major redevelopment project has been completed on the East 2
of Block 69 and a request is pending approval for the West a
of Block 51.
John Gordon, attorney for Mr, and Mrs. White,!,_argued for the request, He stated that
unless the Whites receive a zone change, you have confiscated their property as it has
no value for resale as commercial property. At the present time, there are two busi-
nesses at this location and the Whites have spent a lifetime paying for it. Even though
the property was zoned single family and R-2 in 1954, there have been several businesses
operated on',this area'fox many years. Attorney Gordon stated that the adjacent property
owners have i1o. objection whatever to.this ar.ea'being zoned G3, and would even include
their. own -if it would help,
.Councilman Smith.hoved to refuse the request until a larger portion bf the black petitions
for a change. Seconded by Councilman Ruiz.
''"Councilmen'Daley and Ruiz spoke against the motion;
Question called.. All voted nay, _ Motion 'defeated.
- ORDINANCE #982
..Councilman Smith moved. first reading to enact Ordinance #982, an ordinance to amend the
zoning of Lot 1 and 10' of Lot 2, Block 52.Kalispeil Original, from D-9 to C-3, Seconded -
by .Councilman Saverud, ' Roll call vote: All voted :aye. .
ADDRESSING THE COUNCIL
Paul Palmer, Parking Commission.Chairman, addressed the Council with the following
recommendation:
June .1, 1981
The Mayor and the City Council
Kalispell Parking Commission
The following.items are recommendations.from the Parking
Commission .by motion and passing:
1.. Eagles Parking Lot:
ay Recommended that a.transfer of securities
be arranged with a 3-month contingency for
TO: -
FROM:
2:
Ed Gallagher to arrange the grant. In'the
event the grant'is not obtained'the.secur-
ity would not be transferred..
.bj That -the Parking Commission through budget'
...revenue proposes that the existing obliga-
tion for the city be paid by excess revenue,
in a form'of a lease or .direct payment;
pending on City Council's recommendation..
Parking Departerit Removed from the Police Dept:
After reviewing.and touring the Missoula Park-
ing Commission, we. feel ,at this .time it is in
the best interest of the city to continue hav-
ing the Police Department.control parking rev-
enues.
3. Removal of Meters:
It is recommended as by motion seconded and
passed that -all parking meter heads be re-
moved for a trial basis in the following area:
Centex Street to-5th, the.inclusive areas from
.1st Ave. East .and lst Ave..West.
4. The Monthly parking fee of � 7.50 be increased to
$15.00 per month for any okiibM. street parking
:leases; for example,. Kalispell Taxi..-
5. Budget: See. attached.
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1981-1982
eratin revenue
Meters Street -0-
Meter Banks $2,000.00 *
Overtime Fines 47,,000.00
Reserved 2,500.00
New Parking 30,470.00
Total $ 81,970.00 .
Expenses
Parking Regulation Budget $49,708.00
City Court (20%) 41#690.00 '
Police Chief Salary (IS a) 4,312.00..
Asst,Police Chief Salary (5%) 1,236.00
Sec -dispatcher .Salary (10 4) 1,782.00'
Dispatcher Salaries (5%) 2,512.00
.64,240.00
Lot Improvement 1,000.00
$65,240.00
NetOperating Revenue over Expenses. $161736.00
We to . increased rate and First Federal lot
being paid for.
* Due to new proposed rates on reserved parking
TO: The Mayor and City Council
FROM: Kalispell Parking Commission.
,. RE: Proposed Parking Budget
]ATE: . June1., 1981
Attached you will find the proposed 1982 budget, and there are some items
that we would:like to address that have been left out:
(1).. That we used only 50% occupancy on:the parking lots,
plus .quite resonable..rate 2. Hopefully, we will have
better occupancy.
(2) Than We did not:censider any revenue from on -street
meters;. which eras $34 j5 .0i0 last year.
(31 That if all meters are pulled, we' would probably
only - need 20 0 of the meter ' repa.irmW s time --
possible saving of $8,000 (estimated)...
ms G.:P.'
Councilman Smith moved, that a transfer-_ o,f. securities be arranged with a three month
contingency for Ed ,Gallagher to arrange the grant. In the event. the grant is not
obtained, the security, would, rnot be transferred.. Seconded by Councilman Saverud.
Motion carried.
Councilman Smith. moved that . all parking meter -heads be .removed for, a trial basis of
60 days beginning.July 1, 1981 in the fallowing area Center Street to Fifth Street;
the inclusive areas from Firsti Avenue East and First- Avenue West. Seconded by Council-
man Granmo.' Motion carried,.
Councilman Saverud moved that City Attorney. Donahue be .instructed to amend the reserved
parking ordinance to increase the rate from _$7.50. to $15.,00 monthly. Seconded by Council-
man O'Boyle_. Carried..
COMMITTEE REPORTS
FINANCE
Councilman Ruiz reported that the Finance .Committee. metand reviewed May bills and moved'
that all those found in order be paid:,,Seconded, by Councilman Daley, Motion carried.
ANNEXATION .
Councilman Smith reported that the Roberts Subdivision was not quite ready and requested
that Councilman''Saverud complete it at the next meeting_
RESOLUTION 43335
Councilman Smith moved to adopt Resolution #.3335, a resolution to approve-Sundance Re -
subdivision, to change a four-plex on one lot to four.lots with townhouses. Seconded by
Councilman Saverud, Roll call vote. All voted aye',
RESOLUTION #3336
Councilman Smith moved to 'adopt Resolution #3336, a,resolution to approve Ashley Re-
visited Subdivision with the following conditions: 1) 5' snow removal on North edge
of lot, and 2) appToval..of the final; _plat by Director of Public Works Hafferman.
Seconded by. Councilman O'Boyle, Roll call vote. All voted aye.
ORDINANCE #976
Councilman Smith moved the second reading of Ordinance #976, an ordinance to extend the
cotporate City limits to include the Arndt Addition, Seconded by Councilman Saverud.
Roll call vote. All voted aye,
Councilman Smith asked to be excused from the next regular meeting to vacation in
Iowa, Request granted,
EMPLOYMENT
Councilman Zauner reported that the City is progressing in labor negotiations with the
Firefighters Union and AFSCME.
PARKS, RECREATION & AIRPORT
Councilman Daley reported good progress on the swim pool repairs and looks for a mid --
June opening. He reported that Cliff Schimpff will be the tennis instructor for the
season, which will run from June 9 through August 15,
RESOLUTION #3337
Councilman Daley moved to adopt Resolution #3337, a resolution to amend the gambling fees
to the same as Flathead County fees, Seconded by Councilman O'Boyle. Roll call vote.
All voted aye,
SEWER $__WATER-- Councilm-an Granmo had no report.
STREET & ALLEY
Councilman O'Boyle reported that the Committee has run into some right-of-way problems
with the request to abandon the alley in Block 21 by Cenex.
On the closure request for first Street, the Committee wants to question the college
about their building schedule, They may have a report by next meeting.
CITY DEVELOPMENT
Councilman $avexi�:d;_had no report,
MISCELLANEOUS
Mayor Happ reported on the District Meeting of the League of Cities & Towns held in
Poison. The financial picture for cities is grim,
Mayor Hupp announced her intention to file for the position of Mayor for a second term.
The Kalispell Kiwanis will be trimming trees and bushes that obscure stop signs as a
service project.
Councilman S averud moved to adjourn, Seconded by Councilman Zauner, Carried.
Minutes approved as presented
June 15, 1981
1.4
Marjorie Giermann, City Clerk
" fa- _ C!�
Norma E. Happ , Mayor