07/20/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, JULY 20,
1991 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE
PRESENT.
APPROVE MINUTES
Councilman Daley moved the minutes of the July 6, 1981 meeting be approved as corrected.
Seconded by Councilman Smith. Motion carried.
OFFICIAL'S REPORTS
City Treasurer for May
City Judge for June
Police Chief for June
Fire Department Second Quarter
Councilman Grainger moved to accept City Official's reports. Seconded by Councilman
Saverud. Motion carried.
Mayor Happ presented a tape measure to Councilman O'Boyle, who lost his while in use,
by being run over by a truck.
PUBLIC HEARING
KEN -WAY ZONING CHANGE REQUEST,.
Councilman Smith explained that the request was to place an RA-1 (Residential-Ap artment)
zoning on the proposed Ken -Way Annexation No., 2, Addition No, 135. The property is lo-
cated south of Eighth Street West and East of Wallace Avenue in a portion of Block 12,
High School Addition. Councilman Smith presented the following findings of fact:
EVALUATION (Zoning Test Criteria)
1. Is the new zone designed in accordance with the Comprehensive Plan?
Yes, the Kalispell Plan shows this area recommended for "urban density"
development. The requested zone is compatible with this recommended
density.
2. Is the new zone designed to lessen congestion in the streets?
No, however the zone does place requirements on offstreet parking and
only a limited amount of local street rights -of -way.
3. Will the new zone secure safety from fire, panic and other dangers?
Yes, the zone provides limits on bulk and dimensions of structures
placed within the zone and urban services will be available for the
addition.
4. Will the new zone promote the health and general welfare?
Yes, through the extension of municipal services to the area and
the improvement of idle land,
S. Will the new zone provide adequate light and air?
Yes, the ordinance was developed to provide adequate light and air.
6. Will the new zone prevent the overcrowding of land?
An arbitrary point, development of this property will reduce pres-
sures on less desirable areas for multi -family development.
7.' Will the new zone avoid undue concentration of population?
Yes, the ordinance was developed with population densities in mind.
S. Will the new zone facilitate the adequate provisions of transportation,
water, sewage, schools, parks and other public requirements?
Yes, indirectly, through the annexation and development of the property,
these services will be or are provided.
9. Does the new zone give reasonable consideration to that character of the
District?
Yes, the request is compatible with the general area.
10. Does the new zone give consideration to peculiar suitability of the pro-
perty for particular uses?
Yes, given the location, surrounding uses and adjacent zoning, the pro-
perty is well suited for residential uses of the density permitted by
the requested zone.
( Continued)
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11. Is the new zone proposed with a view to conserving the value of
buildings?
No, the site is vacant.
12. Will the new zone encourage the most appropriate use of the land
throughout such municipality?
Yes, there are suitable areas, away from City Center, which are
appropriate for multi -family dwellings.
City Attorney Donahue explained that approval of the zone change would be incorporated
into the Ordinance of Annexation.
Mayor Happ called for proponents for the zone change. No one responded. Mayor Happ
called for opponents for the zone change. No one responded.
RESOLUTION #3349
Councilman Smith moved to adopt Resolution #3349, a resolution of intention to annex
Ken -Way Annexation No. 2, Addition No. 135. Seconded by Councilman. Zauner. Roll call
vote. All voted aye.
PUBLIC HEARING
THIRD AVENUE EAST ENTERPRISES ZONE CHANGE REQUEST
The request is to amend the zoning classification from RA-1 to B-3 (General Business)
to provide more parking area on the foilowing described property: The east 150 feet
of Tract 8E and the North 50 feet of the east 150 feet of Tract 8J in Section 20, T28N,
R21W, P.M.M. located west of Fifth Avenue East and east of the new U.S. Forest Service
Building on Third Avenue East. Councilman Smith presented the following findings of
f act
1. Is the new zoning designed in accordance with the compre-
hensive plan?
Yes, to the extent that the general area is commercial in
they_ -Kalispell ,Plan.
2. Is the new zoning designed to lessen congestion in the streets?
No, however traffic will be scheduled and will be predominantly
employees using an alternate access to parking facilities.
3. Will the new zoning secure safety from fire, panic and other
dangers?
Yes, to the extent that the zone provides for bulk and dimen-
sion limits and will facilitate additional access to the
property in question.
4. Will the new zone promote the health and general welfare?
Yes, to the extent that the zone change will provide for off-
street parking and promote the use of the primary use of the
adjacent building.
S. Will the new zone provide adequate light and air?
Yes, the zone provides for these factors.
6. Will the new zone prevent the overcrowding of land?
.Yes, to the extent that it will facilitate offstreet parking.
7. Will the new zone avoid undue concentration of population?
Yes, in that this is a commercial change from Residential.
8. Will the new zone facilitate the adequate provision of trans-
portation, water, sewer, schools, parks and other public
requirements?
No, these requirements are already provided.
9. Does the new zone give reasonable consideration to the
character of the -district?
Yes, in that the existing uses and zones are compatible.
10. Does the new zone give consideration to peculiar suitability
of the property for particular uses?
Yes, to the extent that the site is prime for parking for
the new building.
(Continued)
2
11. Is the new zone proposed with a view of conserving the
value of buildings?
Yes, in that the value of the new building is enchanced
by the adjacent off-street parking.
12. will the new zone encourage the most appropriate use of
land throughout the municipality?
Yes, in that the change will enhance the utility of the
site and reduce pressure on adjacent right-of-way.
Mayor Happ asked for proponents on the issue, No one responded.. Mayor Happ asked
for opponents, Police Chief Stefanic spoke against the B-3 zpne, because or the
high risk to children who play in the vicinity.
Discussion followed as to whether or not they have the required parking. Councilman
Smith moved to table until the next meeting, with Council members to study the situa-
tion in the interim. Councilman Daley seconded, motion carried.
Because of illness at home, Councilman Smith at this point presented the following
annexation report:
ORDINANCE #981
Councilman Smith moved second reading of Ordinance #981, an ordinance to amend the
City of Kalispell Zoning Ordinance to provide for establishment and composition of
Kalispell Zoning Commission and Qualification removed and replacement of Members;
to provide that the Kalispell Zoning Commission adopt rules for conducting its
meetings and affairs and that the Chairman shall have a vote, Seconded by Council-
man Grainger, Roll call vote. All voted aye.
ORDINANCE #983
Councilman Smith moved second reading of Ordinance #983, an ordinance to amend zoning
map to change all lots within South Meadows Resubdivision from R-,4MH to R-5MH (Mobile
Home). Seconded by Councilman Grainger. Roll call vote,_ All voted aye.
Councilman Smith was then excused,
ADDRESSING THE COUNCIL
Mayor Happ made three calls for anyone wishing to address the Council. No one
responded.
COMMITTEE REPORTS
SAFETY
Councilman Grainger had no report.
SEWER 4 WATER
Councilman Granmo reported that the Committee met and awarded the bid for the sludge
injector vehicle to the low bidder, Rickel Manufacturing Company, of Salina, Kansas.
CITY DEVELOPMENT
Gouncilman Saverud had no report,
STREET & ALLEY
Councilman .-O'Boyle reported that since last meeting it has been found that a portion
of llth Street West, in Roberts Resubdivision, has been abandoned by resolution so
that matter is settled.
Councilman O'Boyle reported that property owners, Farmers Union and Roger -Claridge
have each dedicated 20' for a street between 4th and 5th Avenues East and as soon as
the survey is done, construction will begin.
Mayor Happ commended Councilman O'Boyle for his efforts to obtain the land for the
street.
PARKS
RESOLUTION #3350
Councilman Daley moved to adopt Resolution #3350, a resolution to accept Change Order
#2 on swim pool improvement project, adding $414.55, making the total cost $6,283.75.
Seconded by Councilman Zauner. Flathead County will pay all the cost except for the
$414.55.
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EMPLOYMENT
Councilman Zauner had no report.
FINANCE
Councilman Ruiz reported that the Finance Committee and Director of Public Works
are working on setting assessments for districts for street lighting, oil sprinkling
and water sprinkling.
Councilman Ruiz reminded Council of the all -day budget hearing on Wednesday, July 22
beginning at 8:00 A.M.
Councilman Ruiz reported that he will be -meeting the City -County Health Board to
determine what we should do.on the payment due them which was only partially paid.
Mayor Happ reported that the June expenditure report showed 98% of the budget
expended. If taxes ha;.d,all been paid, we would have had a surplus in the General
Fund.
MISCELLANEOUS
City Attorney Donahue reported that the lease drawn on the depot building for the
Kalispell Chamber of Commerce was returned to him today with very minor changes.
Councilman O'Boyle read a statement in memory of Henry Robinson, long-time Vo-Ag
instructor, who passed away Sunday, and with whom he had been associated on the
Flathead Safety Committee and TAC (Technical Advisory Committee for Highway and
Street). "In memory of Henry "Robbie" Robinson, as he was known by the many young
people with whom he came in contact, as an educator using a very understandable
tongue. Just a few months ago, he was -again asked to serve -as Secretary -Treasurer
for the Flathead Safety Council when we knew -the Good Lord was pulling on his.boot
straps. He very graciously accepted the job. .I also served with Henry on_ the TAC
Committee and found him to be. a very dedicated member. He will be greatly missed
by all who knew him."
On behalf of the Council, Mayor Happ expressed sympathy to Mrs. Robinson.
Councilman Grainger moved to adjourn. Seconded by Councilman Saverud. Motion
carried.
Minutes approved as presented
August 5, 1981
ATTEST:
Mar' rie Gi.ermann, City'Clerk
Norma E. Happ, Mayo
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