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08/17/81 City Council Minutes224 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P,M. MONDAY,'AUGUST 17, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMEN RUIZ AND GRAINGER WERE ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Daley moved that the minutes of August 5 and 10, 1981 be approved as presented. Seconded by Councilman Zalaner. Motion carried. CITY OFFICIAL'S REPORTS City Treasurer for June 1981 Police Chief for July 1981 City Judge for July 1981 Councilman S averud moved that City official's reports be accepted. Seconded. by Council- man Granmo. Motion carried. PUBLIC HEARING - Zone Change Request for Secondhand Stores Councilman Smith explained that under present zoning the only place for a secondhand store is in a B-5 or I-1. A request has come in to establish a secondhand store in a certain area zoned B-4. The Zoning Commission has recommended to the City Council that Table 3-1, Appendix B, of the Official Zoning Ordinance be amended to provide for "Secondhand Store" as permitted use in B-3 and B-4 zones. Mayor Happ asked if there was anyone present who wished to speak for the request. Mr. Joel Ventre stated that he had requested the change because he wished to establish a flea market on property presently owned by Ron Pack and located west of the Fairgrounds on Meridian. Property is presently zoned B-4. The flea market would be a large scale sea- sonal operation with temporary partitions. A gate fee would be charged for drive-in traffic; the area covers about 6 2 acres with parking in the rear. Mayor Happ asked if there was anyone present who wished to speak against the request. No one responded. ORDINANCE #986 Councilman Smith moved first reading of Ordinance #986, an ordinance to amend City of Kalispell Zoning Ordinance to allow a "Second -Hand Store" as permitted use in General Business (B-3) and Community Purpose (B-4) Zones, Seconded by Councilman Daley. Roll call vote. All voted aye. S.I.D. #334 - Pave East Washington Street A petition was presented to the Council requesting Paving and Curbing of a street in the 700 block of East Washington Street. The petition was signed by all the property owners in the block, and the amount was for $14,000 over a ten year period. Mayor Happ asked for proponents to the petition. No one responded. Mayor Happ asked for opponents to the petition, No one responded. RESOLUTION #3364 Councilman O'Boyle moved to adopt Resolution #3364, a resolution of intention to create S.I.D. #334 in the amount of $14,000 for the purpose of paving and curbing a street in the 706 Block. Seconded by Councilman Smith. Director of Public Works Hafferman explained that the City will do the excavating and the contractor will do the paving. The only question is whether or not a 36" wide street is necessary. That will be decided before contract is let, Roll call vote'. All voted aye. FIREFIGHTERS QUALIFICATION ON RESIDENCY On August 7, 1981, Iris I. Hindman, Flathead Clerk & Recorder, certified to the City of Kalispell 13 sections of petitions for an initiative regarding "Qualification of Fire- fighters" placement on the ballot. The petitions showed 1,164 valid signatures. Pro- p���d=Oxdl:�:ane�,�t�.;rbe�'pl�ced�Qzi_��.11c�t.`���ad�: �""Qu�.iific�.txQn�ef� Fire£ightez�: _ �-pk - ig3 to need.na 'he �:,gr�aTified_v9t:er of: the..Cit. ::of°::Kalispell.; but.,,a firefi.ghte ,must res'ide:�within'�three -(3) _:air mile§:.of `Chet Kali -spell Cit}r: L-imits... CR- be ablb:' to respond tb:'a telephone call to his residence by reporting to his fire station within fifteen (15) minutes of the fire call." Councilman Smith moved that the County Election Department be instructed to place the initiative on the November 3, 1981 election ballot. Seconded by Councilman Zauner. Motion carried. The public hearings on assessment rates for the Special Lighting, Oil Sprinkling and Water Sprinkling Districts will be heard on September 8, 1981. ADDRESSING THE COUNCIL Mayor Happ made three calls for anyone wishing to address the Council. No one responded. COMMITTEE REPORTS FINANCE Councilman Ruiz absent. No finance report. ANNEXATION ORDINANCE #987 Councilman Smith moved first reading to enact Ordinance #987, an ordinance to adopt the final draft of Subdivision Regulations. Seconded by Councilman Zauner. Mayor Happ read excerpts from a letter from David Cole, Economic & Community Develop- ment Division of the Montana Department of Commerce, to City Attorney Donahue: "I have reviewed enough local regulations over the past several years to be able to recognize that Kalispell's effort to revise its regulations appears especially thorough and well done, I examined them in light of the Minimum Requirements for the Content of Local Subdivision Regulations and I find the Kalispell draft in substantial conformance to them. As your letter recognizes, those administrative rules will be nullifed on October 1st and I have kept that in mind as I went through the final draft. I will, however, offer sev- eral comments for your consideration: . . . . I appreciate very much the opportunity to review the final draft of the City of Kalispell's new proposed subdivision regulations. I hope to revise the state's models before October and I plan to incorporate a number of the in- novative and excellent features Kalispell has included in its regulations." Several minor changes were suggested. These changes, along with some made by Attorney William Astle, will be incorporated into the final draft before the second reading. Question called. Roll call vote. All voted aye. Mayor Happ and Councilman Smith thanked City Attorney Donahue, Mr. Nick Verm a and Director of Public Works Ha£ferman for the hard work they have done on the regulations. PUBLIC HEARING CONTINUATION - Third Avenue East Enterprises Zone Change Request ORDINANCE #988 Councilman Smith moved first reading to enact Ordinance #988, an ordinance to amend the zoning from RA-1 to B-3 to allow for parking for the new Forest Service Building on Third Avenue East. Seconded by Councilman Saverud. The following covenants will be filed if the ordinance is passed: 1. That said property shall be used exclusively for motor vehicle park- ing purposes permitted under a B-3 Zoning Category of the Kalispell City Codes. 2. That no building or structure may be erected on the premises PROVIDED THAT the existing residence may be utilized as a residence only with- out further enlargement or expansion thereto. 3. There shall be no motor vehicle exit from the property, the subject of this Covenant, onto 5th Avenue East, PROVIDED THAT this does not prohibit the entrance of motor vehicle traffic from 5th Avenue East to the subject property. 4. It is the intent of the Declarant that this Covenant be of no further force and effect in the event that the property immediately contiguous and adjacent to the subject property becomes commercial in nature. Police Chief Stefanic, spokesman for opponents to the change, stated he was still con- cerned. Property to the north is owned by the same corporation and if another busi- ness is established, would they also be using the parking lot? If a public hearing is held to rezone contiguous property, could notice be given to property owners within 500' instead of 150'? Stefanie felt the entire area between 3rd and Sth Avenues East might become entirely commercial. Councilman Smith stated that the lease runs 5 years and could potentially become another business and the parking would go along with the..new business, As for notice to property owners, Councilman. Smith suggested that .we raise .fees for zoning requests sothat an area. map can be published as this is so much more effective than a long legal description. Question called. Roll call vote. Councilman O'Boyle voted nay. All others voted aye. First reading passed. EMPLOYMENT Councilman Zauner had no report. PARKS, RECREATION & AIRPORT Parks Superintendent Drent explained that the tennis courts at Peterson School on Meridian were in need of repair. There are still BOR funds available and should be used this year for this purpose. Councilman Daley -moved that Park Superintendent Drent be authorized to call for -bids to level and resurface 3 tennis courts at Peterson School.. Seconded by Councilman Zauner. This year there were about 200 persons in the tennis program and these courts were only used for overflow because of the bad surface. Question called. Motion carried, Mayor Happ read the following letter: " REC. CENTER 205 Sunny View Lane Kalispell, Montana 59901 August 1, 1981 Offered by owner This appraise) (sic) was made by two Kalispell Realtors -Independents Approximate Date 7-1-81. Minimum Appraisel (sic) $550.,000.00 Selling Fee 10% 55,000.00 $605,000.00 Will sell direct to Buyer's for $463,190.00 House and lot on back of property does not go with this-�offer. To purchase house and lot on back of property will cost an additional $50,000.00. Mattfeldt's would need: $124,300.00 down 125,000.00 over a S year period - no interest 213,890.00 take over assumable loan at 8a% interest., There would be a 30 day period Mr. Mattfeldt would be available to teach filter opera- tions and pool, maintenance as well as miscellaneous duties around Rec Center. " Rezommen'dation of.the Park Commit-tte.and Mayor Happ was to reply to Mr. Mattfeldt that he should contact School District #5 or Flathead County with the offer. STREET & ALLEY Councilman O'Boyle.had no report. CITY DEVELOPMENT Councilman Saverud reported that the bid .for the parking lot improvement project has not been .,awarded pending word of approval from EDA. ORDINANCE #989 Councilman Saverud moved first reading of Ordinance #989, an ordinance to raise the fee for parking permits for taxies and delivery wagons to $15,00 per month. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. SEWER & WATER Director of Public Works Hafferman reported a lightening strike at the pump house on Buffalo Hill. Parts are ordered and repairs should be done this week. In the meantime, residents have been asked to curtail water sprinkling to minimum usage. 227 1 SAFETY Councilman Grainger absent. No report. MISCELLANEOUS Mayor Happ thanked Councilman Saverud for the work he has done for the City and stated he will be missed. She invited him to attend meetings at any time. Councilman Zauner moved to adjourn. Seconded by Councilman Saverud. Motion carried. Minutes approved as presented September 8, 1981. ATTEST: �-/" 8 M�&- �`4� Norma E. Happ, Mayor Mar' rie Giermann, City Clerk SPECIAL MEETING A SPECIAL MEETING WAS HELD AT 7:30 P. M., MONDAY, AUGUST 31, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL FOR THE PURPOSE OF AWARDING THE BID FOR THE EDA PROJECT #05-01-02053.40 TO IMPROVE CITY PARKING LOTS. MAYOR HAPP PRESIDED. COUNCILMEN ZAUNER WAS ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. Councilman Smith moved that the low bid for improving City parking lots be awarded to American Asphalt in the amount of $43,624.50. Seconded by Councilman O'Boyle, Ed Gallagher, Community Development Director, explained that the request for an EDA grant has been allowed and a letter of confirmation received today. The loan is for $50,000.00. The bid is for $43,624.50 but the remainder can be used by change order for further improvements on the parking lots, such as landscaping, etc. EDA is satis- fied that the Eagle lots will be paid for and have letters from mortgage holders that if the lots revert to them, they will be used only for parking. Question called, Motion carried. Councilman Daley moved that Mayor Happ be authorized to sign an agreement with Pacific Power & Light to pay for 5 lights at $8.48 per month on the parking lots. The lights will be added to the Special Lighting District and the maintenance cost charged to the Parking District. Mr. Gallagher reported that the Community Development received word this morning that the City will be receiving a $52,000.00 grant for an area marketing survey. Several Main Street businessmen presented a letter stating that they have contracted with the Retired Senior Volunteer Program to care for the landscape shrubbery on the parking lot referred to as the Eagles Lot. Further, it is their feeling that the lot be aesthetically pleasing and offer some inducement for other businesses to upgrade their properties. Councilman Granmo moved to adjourn. Seconded by Councilman O'Boyle. Motion carried. Minutes approved as presented September 8, 1981. ATTEST: Marjori Giermann, City Clerk WAA4�,- Norma E H app , Mayor