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12/21/81 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, DECEMBER 21, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL. COUNCILMAN DALEY ABSENT BE Cj'UJSE OF ILLNESS. MEETING CALLED TO ORDER BY CITY CLERK GIERMANN. IN THE ABSENCE OF MAYOR HAPP AND COUNCIL PRESIDENT DALEY, NOMINATIONS WERE IN ORDER TO ELECT A MAYOR PRO-TEM. Councilman Granmo nominated Councilman O'Boyle, Councilman Smith moved that nomina- tions be closed. Councilman O'Boyle elected Mayor Pro-Tem to serve until the return of Mayor Happ. APPROVE MINUTES Councilman Smith moved to approve the minutes of December 7, 1981 as presented. Seconded by Councilman Zauner. Motion carried. CITY OFFICIAL REPORTS City Treasurer for October 1981 Police (Lief for November 1981 City Judge for November 1981 Councilman Ruiz moved to accept City Official's reports. Seconded by Councilman Grainger. Carried. PUBLIC HEARING - Barnum, Johnston Zone Change Request Councilman Smith stated that the request of Irene Barnum and Harriet Johnston for a zone change from R-4 to I-1 on property described as the Westerly 146 feet of Tract #30-19 in SW'4SW4, Section 8, T 28N, R 21W, P.M.M. , Flathead County, is supported by L.H. C. , Pacific Power & Light and Austin Miller. The Kalispell City Zoning Commission has recommended the change for the following re as ons : a) The site is adjacent to the B.N,R.R. with access to 4th Avenue East. b) The site is adjacent to existing I-1 zones on the North and West. c) The requested change is compatible with the Comprehensive Plan. d) The commission feels that this area is not a desireable single f mnily are a adj acent to the rail road. Councilman Smith read. the Staff Evaluation of the Flathead Regional Development Office on the Montana Supreme Court Zoning Test Criteria: 1. Does the new zoning designation comply with the comprehensive plan? a) The site in question is adjacent to an area designated as industrial in the amended Kalispell comprehensive Develop- ment P 1 an . 2. Is the new zoning designated to lessen congestion in the streets? a) It can be assumed that the requested I-1 zone would permit uses which would generate more traffic than those of the R-4 district, 3. Will the new zoning secure safety from fire, panic and other dangers? a) The requested zoning would not lessen current conflicts between industrial and residential uses. The request would adjust the point of conflict approximately 150 feet and under the I-1 classification and mandatory landscape }puffer of 10 feet in width and 8 feet in height must be established. and -maintained along common boundaries with any "R" districts. 4. Will the new zoning promote health and general welfare? a) The property in question will realize an increase in value and in turn the City will benefit by improvements of currently vacant property. Adjacent residential properties may be devalued by the encroachment of in- dustrial property, but at the same time will be pro- vided with additional buffering from the railroad tr affi c. 5;. W, .11 the new, zoning provide adequate light and air? a) Due to the nature of the I-1 zoning, it -is assumed that adequate light and air will be provided within and near the requested area. 6. Will the new zoning prevent the overcrowding of land? a) Due to -the nature of the I-1 zone, it is assumed that overcrowding will not occur, 7. Will the new zoning avoid undue concentration of population? a) Due to the nature of the I-1 zone, it is assumed that undue concentration :of population will not occur. S. Will the new zone facilitate the adequate provision of trans- portation, water, sewerage, schools, parks and other public requirements? a) A recent traffic study for the City of Kalispell has recommended that Center Street from 4th Avenue to Woodland Avenue be improved and a new railroad cross- ing to connect Woodland Avenue and 7th Avenue be created. This improvement would lend credence to the zone change request. All other appropriate services are available. 9. Does the new zone give consideration to the character of the area? a) The request does address adjacent I-1 zoning on the Ll North and West. Further, the previous zoning of the area was No. 6 (Industrial under the old City Zoning Codes). 10. Does the new zone give consideration to peculiar suitability of the property fox particular uses? a) The site in question has frontage on 4th Avenue East and Railroad right--of-way. The site is more suited to industrial than residential, 11. Is the new zoning being requested with a view of conserving the value of buildings? a) The site in question is vacant, the requested zoning will require "buffering" of existing residential uses which adjoin. 12. Will the new zoning encourage the most appropriate use of land through out the municipality? a) Kalispell has 115 acres zoned for "Industrial", this represents less than 5% of the City. This request would add 0.334 acres to this total but will not affect the percentage appreciably, Councilman Smith moved to approve the zoning change request on the basis of the recommendation of the Zoning Commission. Seconded by Councilman Ruiz. Mayor Pro-Tem O'Boyle asked for proponents to the request. Doug Johns, representing Mrs. - Johnston and Mrs. Barnum, stated that with the ex- ception of :Councilman,,'Vidal, the Council had heard the request previously and had recommended a larger area in the change. The area is now enlarged to include every- thing from the north side of Center Street to the RR and from Woodland to 4th Avenue East. Prior to 1979 this was an industrial zone and is now a residential zone. Mrs.- Barnum and Mrs. Johnston have tried unsuccessfully to sell as resi- dential but a buyer will go for industrial. Pacific Power & Light have a substation in .the area, otherwise it is all resi- dential. All the property from Center to the railroad tracks, -the entire width of the town is either I-1, C-1, C-3 or B3. Jim Sappington stated that on behalf of Mrs. Johnston they unsuccessfully protested the R-4 zoning. At the time of the new rezoning they had an agreement to sell for commercial and the buyer changed his mind. They protested to the Zoning Commission, but it was zoned Residential. Buyers do not want to buy residential property next to the railroad. Councilman Smith repe.ated that there is no property along the railroad . zoned residential with the exception of this area. Mayor Pro-Tem O'Boyle asked for opponents. Randy Ogle, 20 Woodland Avenue, filed a petition with the City Clerk, signed by eighteen area property owners which stated their objection and protest to the pro- posal by Harriet Johnston and Irene Barnum to change the zoning classification of said area from R-4 to I-1. (Section 76-2-305 , M. C, A. ) Mr. Ogle stated that the petition is signed by 29.40 owners of property in affected are a, 70% within 1S0' of property and will require three -fourths majority vote of the Council. Mr. Ogle stated that it was the only area in the City. adjacent to the railroad that has residences, it abutts one of the most attractive areas in town, namely !Woodland Park. There is more than adequate industrial zoning areas within the City, and we do not want an industrial area so close to the parks It has always been a residential area, regardless of zoning and should remain so, If you permit industrial develop- ment, there would be no buffer.. The Ruby family purchased their home a year ago, relying on residential zoning. To change it now would not be fair to them or any other residents in the area. IR1 zoning would permit chemical laboratories, dairy farms, feed processing, ready -mix concrete and many other uses. This would be damaging to residents and the park. You do not rezone so people ,caul sell for profit. You are considering the value of the land as industrial, but not the decreases in value of homes. Paul, Palmer spoke not as an opponent, but to explain that theyhad sold Ruby's their property and there is a deed restriction by Mrs. Johnston that the property will remain residential. If the zone change is approved then that deed restriction should be removed. Also,.if the change is approved, then a buffer wall should be built either by trees, wall or fence to separate the residential from the industrial. Agnes Bjorneby, 438 Center Street East, stated her concern for the residents in the area and questioned what kind of buffer would really separate the zones. Mr. Johns replied that the buffer will be on the north side of homes on the north side of Center Street and should protect all the residents. Brad Walterskirschen, 511 Center Street East, stated that he purchased his property in February 1979. Had there been any activity about rezoning,he would not have wanted to live there. He stated that his property is adjacent to the substation. There is an access road which would also be the access road to any industrial activity and it is located 8' from his daughter's bedroom. It will be very dis- turbing, Mr, Walterskirscben was also concerned about the value of his property. Councilman Ruiz spoke against the proposal. He likened it to the Meridian area, where over 70 % of the businesses operate under a variance, He stated that he was surprized the City Zoning Commission recommended it be changed, Councilman Smith reminded Councilman Ruiz that the City Zoning Commission recom- mended a change on Meridian and the Council rejected it, There is less rationale for this one. In light of action on Meridian and to show consistency, Councilman Smith would like the zone change approved, Meridian Addition is still not zoned. Two wrongs do not make a right. This area has always been industrial, will never sell as residential and no other property in City along the railroad is residential. Question called. Roll call vote. Councilman Smith voted aye. . Councilmen Grainger, Granmo, Vidal, Zauner and Ruiz voted nay. Motion defeated, PUBLIC HEARING - Amend Zoning Ordinance regarding Fee Schedule ORDINANCE #995 Councilman Smith moved second reading of Ordinance #995, an ordinance to ,amend the City of Kalispell Zoning Ordinance (Ordinance No. 934, as amended) to permit City Council to establish fee schedules for various appeals and applications for zoning changes. Seconded by Councilman Zainer. There were no proponents, There were no opponents. Question called. Roll call vote. All voted aye. ADDRESSING THE COUNCIL Gary Nystul addressed the Council concerning the snow plowing schedule. He stated that some of the more heavily traveled roads have not been plowed. Bill Clements, Street Foreman, explained that they first plow critical areas like the hospital and schools. Then they follow the ordinance of plowing streets and avenues on al- ternate days so that people know where to park to avoid tickets. They have avoided 268 overtime and just have not covered the entire city streets, COMMITTEE REPORTS SAFETY Councilman Grainger moved that all license and .permit bonds approved by City Attorney Donahue be accepted. Seconded by Councilman Granmo.. Motion carried. Glacier -`,View, Inc. Gas Contractor. Continuation Certificate William P. Driscoll Gas Fitter Continuation Certificate William P. Driscoll Plumber Continuation Certificate Philip S. Lesmeister d/b/a Tri-City Heating 4 Sheet Metal Gas Fitter Continuation Certificate Eugene R. � Thomas d/b/ a E. Thomas Electric Electrician Continuation Certificate Garfield N,... Servo Electrician Continuation Certificate Gordon M. Jensen d/b/a 4G Plumbing & Heating Plumber Continuation Certificate Stewart L. Briskin d/b/ a TMI Builders/Developers Plumber Continuation Certificate Councilman Grainger moved that the liquor .license for the B&B Store be changed from ;Fred Meyer, Inc. to B&B Stores,, Inc. Seconded by Councilman Vidal. Motion carried. SEWER & WATER ORDINANCE "#T)98 Councilman Granmo moved second reading of Ordinance #998, an ordinance to repeal sections 26-1, 26-2 , 26-3, 26-4, 26-5 , 26-6, 26-7, 26-8, 26-10, 26-11, 26-12, 26-13, 26-14, 26-17, 26-18, 26-19, 26-20, 26-21, 26-22, 26-24 and 26--30, Kalispell City Code; to provide for adoption of city water user rates by method and process allowed by state laws, to provide for adoption of rules for operation of city water utility by method and process as allowed by state laws. Seconded by Councilman Smith. Roll call vote-. All voted aye. RESOLUTION #3385 Councilman Granmo moved to adopt Resolution #3385, a resolution adopting water rates proposed at the public hearing December 16, 1981, and to become effective January 1, .1982. Seconded by Councilman Smith. Roll call vote. All -:voted aye. ORDINANCE #999 Councilman Granmo. moved to enact Ordinance #999., an emergency ordinance to repeal Sections #23-6 and #23-7 and to amend Sections #23-5 and #2:3-12 (b) , Kalispell City Code; to provide for adoption of city sewer user rates by method and process allowed by state laws; to provide for adoption of rules and regulations for operation of city sewer utilty.by method and process as allowed by state laws; to provide for immediate effective date upon passage and approval and to declare an emergency. Seconded by Coundlman:-,Vidal. Basically, the ordinance will allow a resolution to raise sewer rates; will repeal two sections to set up sewer charge by the gallons of water metered, rather than a surcharge on water used and will allow the sewer hook-up fee to be used on the existing sanitary sewer system rather than for replacement or capital improvement on existing lines only. This is an emergency ordinance with a life of 90 days only. EPA will have requirements and a permanent ordinance can be revised and enacted all at one time. Question called. Roll call vote. All voted aye. RESOLUTION # 33 86 Councilman Granmo moved to adopt Resolution #3386, a resolution adopting sewer rates proposed at the public hearing December 16, 1981 and to become effective January 1 , 1982. Seconded by Councilman Zauner. Roll call vote. All voted aye. CITY DEVELOPMENT Thence was no report. STREET & ALLEY ORDINANCE #997 Councilman Smith moved second reading of Ordinance #997, an ordinance to amend 1 I 109 Section 17-54, Kalispell City Code, to prohibit or limit vehicle -parking on certain portions of certain city streets. Seconded by Councilman',Vidal. Roll call vote. All voted aye. Mayor Pro-Tem O'Boyle reported that the Parking Commission met on December 9th and is recommending that an area in front of City Hall be designated a 30 minute zone and that parking meters be installed in the City Hall parking lot. After discussion the request for a 30 minute zone in front of City Hall was tabled. The request for parking meters in the City Hall parking lot was referred back to the Parking Com- mission for further study. Councilman Grainger moved that a request from Masonized Cleaners for two reserved parking spaces be approved. Seconded by Councilman Smith. Motion carried. Mayor Pro-Tem O'Boyle reported that Mayor Happ and he covered Main Street getting property owners to agree to conform to sidewalks, vaults, signs, etc. when Main Street is reconstructed. There will be twelve electrical outlets. Reconstruction will very likely go to bid February 25th, with construction starting as weather permits. Councilman Vidal asked if there were funds to help merchants replace signs. 'Councilman O'Boyle replied that the only assistance available is through rehabilitation. PARKS, RECREATION, AIRPORT Councilman Zauner reported that he has talked with Lee Tower, Airport Association, and they are putting together a proposal for a new runway, EMPLOYMENT Councilman Zauner had no -report, ANNEXATION Councilman Smith had no report. FINANCE ORDINANCE #1000 Councilman Ruiz moved first reading of Ordinance #1000, an ordinance to establish a city administrative fee issuance of Industrial Development Revenue Bonds. Seconded by Councilman Granmo. Roll call vote. All voted aye, RESOLUTION #3387 Councilman Ruiz moved to adopt Resolution #3387, a resolution designating certain banking institutions as public depositories for all public moneys coming into the hands of Patricia G. Tinseth, as Acting Treasurer of the City of Kalispell. Seconded by Councilman Zauner. Roll call vote. All voted aye. MISCELLANEOUS City Attorney Donahue explained that the Daily Inter Lake erred in not publishing the notice for sale of bonds for S.I.D. #334. Bids for the sale of bonds will be January 18th, rather than January 4th. City Attorney Donahue explained that it is time to renew our contract with Hydro -West, a firm which constructs power plants under the electric utility act. The new agree- ment is similar to the old one. The City will receive 3% of the gross income when the plants are in operation. Councilman Smith moved to direct the Mayor or Mayor Pro--Tem to sign the agreement with Hydro -West. Seconded by Councilman Vidal. Councilman Granmo spoke against the motion stating that he does not believe the City has any business getting into power in Eastern Montana. Councilmen Granmo and Grainger voted nay. Motion carried. Councilman Vidal moved that Mayor Happ be permitted to be out of state for 10 days. Seconded by Councilman Smith. Motion carried.. Councilman Zauner moved to adjourn. Seconded by Councilman Smith, Carried. Approved as presented January 4, 1982, Norma E . H app , or ATTEST: 7 rjorie Giermann, City Clerk 27 PUBLIC HEARING A PUBLIC HEARING WAS HELD AT 3,00 F.M. MNDAY, DECEMBER 28, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL FOR THE PURPOSE OF HEARING APPLICATION FOR A GAMING LICENSE TIER THE SALOON. THE MEETING WAS CALLED TO ORDER BY CITY ATTORNEY DONAHUE. THOSE IN ATTENDANCE WERE COUNCILMAN RUIZ, MAYOR PRO-TEM O'BOYLE, POLICE CHIEF- STEFANIC, LT. DETECTIVE DU Pm AND DAVID.R..MILLER, OWNER OF THE SALOON. Mr. Miller stated that he is going to operate an electronic keno machine which he must have because of competition. He will- have .no other gambling. The machine does not require an operator or dealer. It is coin operated. Mr. Miller stated that it- does not require any additional space and is not disruptive. Answering City Attorney Donahue's question, he stated he has read all the gauping rules and regulations.. No one appeared to oppose the application. Chief. Stefanie asked Mr. Miller if he was aware that the machines may be declared illegal., Mr. Miller replied in the affirmative. City Attorney Donahue warned Mr.' Miller that if any other person or persons were in- volved in the ownership of the machine, their name or names must appear on the license. Councilman Ruiz moved the gaming license be issued..- Seconded by Mayor Pro-Tem O'Boyle. Motion carried. PUBLIC HEARING A PUBLIC HEARING WAS HELD AT 3:20 P.M. MONDAY, DECEMBER 28, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL FOR THE PURPOSE OF HEARING APPLICATION FOR A GAMING LICENSE `FOR THE RULDOG . THE MEETING WAS CALLED TO ORDER BY COUNCILMAN RUIZ. THOSE IN ATTENDANCE WERE MAYOR PRO-TEM O'BOYLE, CITY ATTORNEY DONAHUE, POLICE CHIEF STEFANIC, LT. DETECTIVE DU PUY AND KENNETH R, KJELSTRUP, OWNER OF THE BULLDOG. Mr. Kjelstrup stated that he intended to operate an electronic keno machine. He will have no other form of gambling and require no dealer or operator. The machine will be leased on a percentage basis. City Attorney Donahue informed him that if he leases the machine on a percentage basis, the lessor will be considered an owner also. If he has a lease -purchase agreement then he can be the sole owner. In this case he should bring a copy of the agreement to the Police Department for the file. Mr. Kjelstrup agreed to this. Jarvis Halvorsen is the lessor. Mr. Kjelstrup stated that he has read the gaming rules and regulations. City Attorney Donahue moved to issue the gaming license. Seconded by Mayor Pro-Tem O'Boyle. Motion carried, ..PUBLIC HEARING A PUBLIC HEARING, -WAS HELD AT 3:40 P.M. MONDAY, DECEMBER 28, 1981 IN THE COUNCIL CHAMBERS AT CITY HALL FOR THE PURPOSE OF HEARING APPLICATION FOR A GAMING LICENSE FOR THE KALISPELL BAR. THE MEETING WAS CALLED TO ORDER BY MAYOR PRO-TEM 0' BOYLE . THOSE IN ATTENDANCE WERE COUNCILMAN RUIZ, CITY ATTORNEY DONAHUE, POLICE CHIEF STEFANIC, LT. DETECTIVE DU PUY AND FRED FRY, OWNER OF THE KALISPELL BAR. Mr. Fry stated that he intended to operate an electronic keno machine. He will have no other form of gambling. Councilman Ruiz informed Mr. Fry,that if he leases on a percentage basis, the lessors name should be on the file. Mr .:`Fry replied that he would rather have control and be sole owner. There were no opponents. City Attorney Donahue moved to issue the gaming license. Seconded by Councilman Ruiz. Carried. Francis T. O'Boyle, Mayor Pro-Tem ATTEST: t MaiAorie Giermann, City Clerk