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06/21/82 City Council MinutesTH REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, ,JUNE"' 21 '15'82_i3 THE -COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED,- COUNCILMAN GRAINGER IMS GRANTED PERMISSION TO BE OUT OF TOWN. ALL OTHER COUNCIL -MEMBERS WERE ,PRESENT.'' APPROVE MINUTES_ : Councilman 0'-Boyle moved the minutes of the Regular Meeting of June 7, 1982 be approved as -.presented. Seconded by Councilman Nystul. Motion carried,' CITY OFFICIAL REPORTS. City Treasurer for April City Judge for May Police Chief for'May Councilman_Nystul moved to accept the above listed City Official reports as presented, Seconded by Councilman Zauner, Motion carried. OPEN BIDS - ROOF FOR HOCKADAY CENTER FOR THE ARTS The-Operculum Corporation, Whitefish Bid Bond Main Bid $9,700.00 The Operculum Corporation, Whitefish Bid Bond Alternate'Bid $4,200.00 Councilman Saverud moved to refer the bid to the City Development Committee, with a report to fallow at the. next Council Meeting, Seconded by Councilman Ruiz. All voted aye. Carried,. OPEN BIDS - CITY AUDIT ,Jordahl & Sliter $16,225.00 $1,500.00 $17,725.00 Sorenson & Hanson 21,375,00 •� 2,625.00 24,000.00 Schulze $ Kesler/ Stephen Kasprisin 15,000.00 2,500.00 17,500.00 Clark, Walsh & Torgerson 14,500.00 2,000.00 16,500.00 Miller, Eigeman, Hanson & Saurey 15,945.00 2,000.00 17,945.00 Councilman Nystul moved to refer the bids to the Finance Committee -with power to act. Seconded by.Councilman Saverud, All voted aye. Motion carried, OUTLAW INN INDUSTRIAL REVENUE DEVELOPMENT BONDS RESOLUTION #34-ll Councilman Nystul moved to amend Resolution #3379 by adoption of Resolution #3411, a resolution to increase the total project amount from 2,8 million to,2,9 million in revenue bonds by requesting the City to authorize another $100,000 principal amount of revenue bonds.. Seconded by Councilman Vidal, Roll call vote. Councilman O'Boyle voted nay, all other councilmen voted aye. Motion carried. RESOLUTION # 3412 Councilman Nystul moved to enact Resolution #3412, a resolution providing for the •issuance and sale of revenue bonds pursuant to Part 1, Chapter 5, Title 90 MCA to provide funds to be loaned to the Outlaw Inn, a Montana general partnership, Seconded by Councilman Ruiz, Roll call vote. Councilman O'Boyle voted nay, all other council members voted aye, Motion carried, PUBLIC HEARING -- HELLER ZONE CHANGE Petition to rezone property at 690 Sunset Boulevard from Rcl to B.,2, Following are the Finding of Facts from the Flathead Regional Development Office, In DOES THE REQ"STED ZONE COMPLY WITH THE COMPREHENSIVE PLAID? In accordance to Ordinance #953. of the City of Kalispell, B-2 zoning classification in areas designated "Urhan Residential" ~ in the Comprehensive Plan, is considered in conformance with the Comprehensive Plano 2. IS THE REQUESTED ZONE DESIGNED TO LESSEN CONGESTION IN THE STREETS? Generally, business zones generate higher volume of traffic than residential zones. However, the size of this property and the nature of business proposed on it is such that it should not result in any significant increase in traffic in the area. -However, the intersection of I4ighway #93 and Wyoming Street is the grain school crossing and measures need to be taken to ensure the safety of the children at this intersections 2 'WILL THE REQUESTED ZONE.SECURE SAFETY FROM FIRE, PANIC AND OTHER DANGERS? ' Requested P•-2 zone should not result in any increase in fire, panic or any other danger if the ingress and egress is properly designed. The building codes and zoning regulations would provide adequate measures to protect from fire and other dangers. 4. WILL THE. REQURSTED ZONE, PROMOTE THE GENERAL HEALTH AND WELFARE? The lot does not meet the minimum size requirement of tb'e existing zoning and is generally inadequate in terms oflocation and size ..for residential development. The lot, because of its facing.a major highway, is more appropriate for business use. The granting of the zone change would snake it a conforming lot and increase its potential use. The welfare of the adjoining residential properties shall be preserved by the six foot high fence required between adjoining business and residential tones, as per the City Zoning Ordinance. S. WILL -THE REQUESTED ZONE PROVIDE ADEQUATE LIGHT AND AIR? The building setback requirements of the requested B-2 zone should: ensure adequate light and air. 6. WILL THE REQUESTED ZONE PREVENT OVER —CROWDING OF LAND? The requested zone will not result in any increased over --crowding of land. The building setbacks and height limitations in both R-4 and B-2 zones are similar., 7.. WILL THE REQUESTED ZONE AVOID UNDUE CONCENTRATION OF POPULATION? The requested zonne being B-2 should result in lessening residential population in the area. •8. WILL THE. REQUESTEDD- ZONE FACILITATE, T IE ADEQUATE PROVISION OF TRANSPORTATION„ WATER, SEWAGE, SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENTS? _ All services are either available to the site or are in the vicinity. The development on the site would require to meet the public works standards of the City of Kalispell. 9. DOES THE NEW ZONE LIVE CONSIDERATION TO THE CHARACTER OF'THE AREA? The requested B-2' zone will adjoin existing B•-2 zone in the west and is, considered compatible with the residential zones. Therefore, the requested zone will not alter the character of the ,area which is primarily single family residential with professional offices along the highway. 10. DOES THE REQUESTED ZONE GIVE CONSIDERATION TO PARTICULAR SUITABLITY OF T11E PROPERTY.FOR PARTICULAR USES? The property being adjacent to a busy highway and also because of its small size,''is more suited to professional office use than for residential use. 11. IS THE ZONE CHANGE REQUESTER'WiTH A VIEW TO CONSERVE THE VALUE OF BUILDINGS? The proposed zone is Compatible with .adjoining land uses in the area and, therefore, will conserve the value of buildings and properties. 12. WILL THE REQUESTED ZONE ENCOURAGE. THE MOST APPROPRIATE USE OF LAND THROUGHOUT THE MUNICIPALITY? The .request i.s.compitiabl.e with. the 'Comprehensive plan which 'is designed to encourage'the most appropriate use of land throughout the City of Kalispell and its vicinity. 1 I ■ .:: COMMENTS: The intersection of highway #93 and West Wyoming Street is very husy, particularly during school hours. Consideration should be given to have access to the building and off-street patting on this lot only from Second Avenue and not from Highway #93 and Wyoming Street. RECOMMENDATION: The requested zone isdetermined to generally meet the statutory criterial, is found to be in compliance with the CompreheDsive Plan and the general charactel of the area. Eased -on such determination, the requested zone change from R-4 (Residential) to B-Z (Neighborhood Business office) is recommended to be granted. Mayor McDowell called for proponents. Mr. Jack Heller responded, He and his wife re quest a.zone change.for the above described property. It is their intent to establish a-management'and tax consultant service office in the residence at this area. The pro= .perty was purchased originally as residential property, which was built as a residence. Mr. Holier is aware that there is some concern about the increase in traffic at one par- ticular corner, However, he does not feel that there would be that much of a traffic increase --in fact, probably even less than a residence. Councilman O'Boyle asked if it met the -off street parking requirement and if it would meet as an office. Mr, Heller stated that both requirements were met, that it was less than a.thousand square feetand has four parking spaces, Superintendent of Schools Keith Allred inquired about approach to the building, 5 Mayor McDowell asked for opponents. Susan Marquardt, of 621 West Arizona, opposed the zoning change, stating that there is a definite safety problem. School children would be crossing where Mr. Heller's park- ing.area would be. Mr. Heller stated that parking would be lined up facing the highway and there.would be no backing up. Councilman Nystul asked if there were plans to put curb and gutter along Wyoming Street to preclude..traffic from entering that area, Mr. Heller said that he had no plans for such, but would be willing to fence the areaif that would help, although he didn't really think it necessary. Bev Kober, 360 1st Avenue E.N „ identified herself as a crossing guard, indicated that traffic has backed up several times in the past year on/Wyoming Street, because of being unable to enter the highway and being backed up as far as the crosswalk, She felt there would still be a problem using the alley, as the children used it also. She felt it would be a definite hazard and that a traffic increase was not needed, Mr. Heller again stated that he felt a single family residence -with -two people with two cars -would create more traffic than an office building such as his, and does not feel that his building. would significantly add to the traffic flow. Mr. Keith Allred, School Superintendent, stated that this issue involved the trustees of School District #5 and their official position was that they did not want to proscribe to the city where any business goes. However, they do have concern anytime a business or development involves the health, welfare and safety of the children. He said that he hopes the city will make that concern a prime consideration, Mr, Marvin Hafferman, of 524 Parkway Drive, asked clarification as to why a homeowner could not set up an office in his residence, Councilman Palmer advised that a number of zone changes have been made a:few years ago and a:provision is made for allowing specific type businesses in the home, but he was not sure if Mr, Heller's was excluded in that provision, Councilman O'Boyle advised that this area has come before the TAC Committee more than any other problem addressed in the last 5 or 6 years, Through the Highway Department we have installed a light in the area. There is definitely a safety problem. A per- manent traffic light will be installed. Mayor',McDrowelj.askdd_for opponents .or proponents froih the audience; -:no one responded. He:;the-n'a'sked the indtt6h-to go. .to discussion. Councilman Palmer recommended and so moved that the zone change request be granted. Seconded by Couneiiman'Zauner, Councilman Nystul inquired about stipulations, such as a fence. Chief Stefanic cgmmented that he shared concern for the traffic problems in the area. He.recognizes the' considerable traffic problem -now; whether or not this change will - aggravate or ameloriate the situation, he is unsure. if the business should -change, there may be future problems. 322 Councilman Saverud questioned having the 12 point criteria for evaluation of zoning change request. He also expressed concern about procedure. He stated that we are in an awkward position and he would have felt better about the situation if the proposed zone change had happened.. -'prior to any building being moved in or any construction done. Mr. Heller stated that the building was originally purchased from glum Creek.Lumber and had to be moved by a certain date, Councilman Palmer stated that the 12 points of the evaluation had been met. Councilman Vidal echoed Councilman SaverudIs procedural concern and felt that it was diffi- cult to pass this zone change the way it is being handled and fears that it might set a precedent. She felt too that if the business eventually went to another owner, there might be some ingress, egress problems, If the zone is changed to commercial from resi- dential, we would have no control over the area for future businesses. Councilman Vidal commented that from her experience with the school, there was a tremendously dangerous situation in this area. Councilman Nystul felt that the traffic problem, rather than the zone change shoud be addressed. He suggested that the Street & Alley Committee meet with the Planning Com- mission, Councilman O'Boyle explained that the zone change had to be addressed as it stands on this date. Councilman Ruiz stated that he would speak against the motion as that corner in con- junction with the rest of the block was entirely residential and felt that the alleyway east of that was pretty much commercial. He felt thay if this lot were kept residential it would act as a buffer zone between school and street. Mr. Heller commented that it must be taken into consideration that the other three cor- ners were already commercial and asked if the General Business Service across the street was in anyone's estimation creating a traffic problem. He stated that he felt it would increase the traffic if his building were turned into a residence and pointed out that the location was HW #93 and not Second Avenue W,N. Councilman Ruiz agreed that the other corners were commercial, but felt that the half alley would keep the integrity of the entire block as residential, Councilman Zauner withdrew his second. Councilman Palmer withdrew his motion. Councilman Palmer then made a motion for the adoption of ordinance for zone change to amend Ordinance #926i Seconded by Councilman Zauner. Roll call vote, Councilmen Nystul, Zauner, and Palmer voted aye, Councilmen Ruiz, O'Boyle, Vidal and Saverud voted nay. Motion defeated. PUBLIC HEARING- CREATE S.I.D. #335 (Improve West Arizona Street) RESOLUTION #3413 Councilman O'Boyle moved to adopt Resolution #3413, a resolution to create Special Improve ment District No, 335 for the purpose of constructing a paved driving,surface and gravel surface shoulder on West Arizona Street and extension of water, sewer, electricity, tele- phone and television services to undeveloped lots thereon. Seconded by Councilman Nystul, Mayor McDowell made three calls for proponents, No one responded, Mayor McDowell made three calls for opponents, No one responded. Roll call vote. All voted aye. Motion carried. ADDRESSING THE COUNCIL Mayor McDowell made three calls -'for anyone wishing to address the Council. No one responded. COMMITTEE REPORTS SEWER & WATER Councilman Ruiz had no report', FINANCE Councilman Nystul moved Council approval -of a request by Valley Bank to arrange for the release of the following securities which they have pledged to the City in safekeeping at the First Bank of St. Paul: Prairie County, MT County Hospital Bond $24M @ 4,3% - Matures 7/l/82 because they show sufficient pledged securities at this time, Seconded by Councilman Saverud. Motion carried, GAMING LICENSES 4411 , Councilman Nystul moved that the following applications for gaming license renewals and accompanied by the proper fee be approved Outlaw Inn Chase Properties Log Cabin Bar Seconded by Councilman Vidal, Carried. LIQUOR LICENSES Councilman Nystul moved that the following applications for liquor license renewals and accompanied by the proper fee be approved; Drug Fair #1 Kalispell Elks Club Circle K #0765 Montana Pizza, Inc. Eagles Club Black Angus Steak House Log Cabin Bar B&B Stores, Inc. DBA Roundup Company Inland Markets, Inc, Kalispell Bar Outlaw Inn Keglers Lounge VFW Bar Stockmans Bar Buttrey Food Store Division, Jewel Companies, Inc. Seconded by Councilman Vidal, Motion carried. Councilman Nystul stated that the Director of Public Works and Finance Director have previously discussed the probable forthcoming sewer revenue bonds and if there is no objection from the Council, the Finance Committee will obtain proposals. or in- terviews regarding the bond issues to be referred to the Committee with power to act on formal approval, Councilman Nystul moved that the Finance Committee be authorized to secure informa- tion and select a bonding firm for the bond issue, Seconded by Councilman 0' Boyle. All councilmen voted aye. Motion carried. EMPLOYMENT Councilman Zauner announced that negotiations were going on with the three unions representing the City. Negotiations Attorney Dan Johns is currently in the second round of negotiations, Another meeting is scheduled for June 30 and Councilman Zauner will be reporting back to Council. ANNEXATION RESOLUTION #3414 - Treasure State Plaza Councilman Palmer moved to adopt Resolution #3414, a resolution of intent to annex Treasure State Plaza. Seconded by Councilman Zauner, Roll call vote. All Council- men voted aye. Motion carried, ORDINANCE #1012 - Gerard Addition Councilman Palmer moved for second reading of Gerard Addition #144, Ordinance #1012. Seconded by Councilman:Saverud. Roll call vote. Councilman Zauner abstained. All other Council members voted aye. Motion carried. RESOLUTION #3415- Medical Arts Resubdivision t Councilman Palmer moved-Ea`�Resolution #3415, a resolution to provide for the re - subdivision of Medical Arts with provision for 25' radius on the southwest corner, where Conway Drive and Highway #93 intersect. Councilman O'Boyle stated thatthis has never gone through the Highway Department and we are bypassing them, Councilman Palmer provided recommendation from Flathead Regional Development Office. All Councilmen voted. aye. Carried. Councilman Palmer announced receiving an update on the Comprehensive Plan this date. This will be used to address the BNB question, and will be brought to Committee. STREET & ALLEY Councilman O'Boyle announced that two people in the audience were concerned with Montana Hall Parking Lot, He referred to a letter addressed to the Mayor and Council by Parking Commission.Chairman Gordon Pirrie regarding this proposed parking lot. Councilman O'Boyle moved at this time to accept the.proposal, Seconded by Council- man Zauner. Discussion .followed. City Attorney stated that an agreement had been written by the office of the County Attorney regarding borrowing sufficient monies to repair the parking lot property, but later decided to use City monies as they are available, in the estimated amount of $13,100 for that improvement. A portion of the agreement will have to be rewritten, Questions regarding revenue, maintenance, policing, towing carsiand snow removal were brought up. Parking Commission Chairman Pirrie 324 stated that.the Commission anticipated high revenue from FVCC and the phone com- pany. Councilman O'Boyle was opposed to using Street money for this project, Councilman Saverud felt that we have an obligation to act as quickly as possible to free up additional parking to compensate for the considerable amount of parking lost with Main Street reconstruction. This will be beneficial to the community in general. Superintendent of Schools Allred commendted that there has been good cooperation between the Parking Commission and'School District #5 and on behalf of the school district, supported the proposal. Chief of Police Stefanie stated that a special ordinance would be required to tow cars from the lot. Parking Commission Chairman Pirrie suggested that tickets could be written instead of towing. City Attorney Neier will make some corrections, then send the proposal back to the County Attorney for approval. Question called. All voted aye. EXTENSION FOR RESUBDIVISION OF SOUTH MEADOWS ADDITION NO, 89, Councilman O'Boyle read a letter of request for extending South Meadows Resubdivision for one year. The request was made by Darwin Hamilton, After discussion with the City Attorney, a reply was sent last week indicating that the extension was granted until 6/15/83, with the recommendation of the City Attorney and approval of the Council, Councilman OfBdyle moved that approval be accepted, Seconded by Councilman Vidal. All Councilmen voted aye, Motion carried. Councilman O'Boyle referred to a request from Director of. Public Works Hafferman regarding rental of a garbage truck to the City of Whitefish for emergencies. He moved that DPW Hafferman be allowed to work up a rental fee for this item of equipment, Seconded by Councilman zauner, All voted aye, Carried. Councilman O'Boyle stated that he and Chief of Police Stefanie had been in contact with Rotary members who want to paint and place signs on alleys and crosswalks for their safety project. Rotary is willing to contribute $300 to $400 for this on First Alley East and First Alley West, off Main Street, Buildings which obscure vision at 8 alleys were selected to be most vital. The signs would not be compliance signs, but rather, reminder signs, Allan Exelby and Don Rich are the contact persons at Rotary. Discussion followed about the City matching funds if more monies are needed for this project. It was be- lieved by Director of Public Works Hafferman that funds may be available from the Gas Tax Fund. Councilman O'Boyle moved that Chief Stefanie be authorized to spend $300 if needed, for the Safety Program brought to us by Rotary, on crosswalks on First Alleys East and West in the Kalispell business district, Motion seconded by Councilman Vidal. All voted aye. Motion carried. Councilman O'Boyle informed the Council that on June 16th he and Councilman Ruiz attended a meeting of the seven largest cities and counties in the state, on Urban Coalition in Missoula. Councilman Ruiz reported on that meeting. He stated that the group was not in competition with the League of Cities or the Montana Association of Counties, but rather, a combination of both. The main idea of the organization is to provide and identify financial issues..and problems relative to urban community governments in regard to revenue/expenditure needs. A study is proposed to examine the result.of tremendous cuts in Federal funding, It is estimated that the cost of the study will be in the neighborhood of $10,000-$15,000 and from $1,000 to $1,500 for each entity involved, Councilman O'Boyle stated that there is a possibility of $45-$50 million surplus in the State Budget. Community Development Director Gallagher spoke on behalf -of the organization, Councilman Vidal moved to check into the coalition group via the Finance Committee for recommendation, Councilman Nystul voted nay, all other councilmen voted aye, Carried. PARKS Superintendent of Parks Pieter Drent reported that in spite of Murphy's Law, the swimming pool may be ready for opening tomorrow afternoon.. Thus far 300 students have registered for lessons, Councilman Vidal commended Parks Superintendent Drent and his crew for their efforts in getting the pool operable again, 1 CITY' DEVELQIIMENT, Councilman•Saverud stated that the contract between the.City and Department of Commerce for third year funding.in the amount of $453,000 has been .signed; We are needing to negotiate with First Northwester National Bank and First Federal Savings & Loan on Lever-- age'Program:, Format will be the same as for other previous funding years. Both institu- .tions. have` r..6duced.'their going rates -to us by between 2 o and 3 Councilman Saverud .moved tha-t_the'Mayo�.be authorized'to negotiate, along with the CDC Director, and the City De- •velopment Committee; a -leveraging agreement with both, Seconded by Councilman Nystul, All Councilmen voted aye, Carried. Councilman Saverud read the -following letter: ij, 2-- b f,t i1EE11 June 16, 1982 Honorable Leroy McDowell Mayor of Kalispell • Kalispell, Montana 59901 Denverhagional/Area Office, Region Vlil Executive Tower Building. 11405 Curtis Street Denver, Colorado 80202 Dear Mayor McDowell: We are pleased to inform you that Kalispell is preliminarily eligible to participate in the Urban Development Action Grant (UDAG) Program. On Jane 8, 1982, tyre ,f=ederal Register published a revised list of small Cities that meet the minimum distresstandards of UPAG. For Kalispell to achieve full eligibility to submit a UDAG applica- tion, the city must provide'our office with data regarding the city's efforts to address the housing needs of its low7moderate: -income residents and city employment data relating to efforts to employ minority persons within the city. Ted Zel i o of my staff has spoken with Mr. Edward J. Gallagher, Director of the Kalispell Community Development Department., regarding the actions the city will have to take to become fully eligible. A separate package of materials has been hailed to Mr, Gallagher and he has been encouraged to contact fir. Zel io with questions about the materials provided hire_ If i may be of any assistance on this matter, please call me at (303) 837--512.1_ .. sincerely, Joseph McKeon Director, Operations Support.Division Office of Regional Commflnity Planning. and Development, .8CO Councilman Saverud indicated that CDC Director 'Gallagher will completethe application and submit it to the UDAG Program, SAFETY Police Chief Stefanie reported on the screening process recently completed for a replacement for Sgf.' Dale Gifford. 30 applicants were.tested, 16 had oral interviews with the Police Commission. The Commission and three members of Chief StefanieTs staff interviewed seven finalists, These' -seven are certified'as qualified to become police- men, One applicant out of the seven was the unanimous choice of all -concerned. Chief Stefanie then introduce finalist Roger Phillips and gave us a little background informa- tion. 2 Councilman Palmer moved to appoint Roger Phillips on a one year probationary period beginning 7j6%82 as police officer. Seconded by Councilman Nystul. All 'Councilmembers voted aye. Motion,carried, MISCELLANEOUS Mayor McDowell reappointed Gordon Pierie to the Parking Commission. Councilman Palmer moved that the reappointment be accepted. Seconded by Councilman Nystul. All voted aye. Motion carried, Mayor McDowell announced the Montana League of Cities and Towns would have a retirement party for Dan Mizner on July 10 at the Helena Elks Club and invited all interested to attend. Mayor McDowell advised of a recent letfer from Henry Good commending Fire Chief Gene Doty and Fire Marshall Roger Bowman,for the efficient manner in which they handled the fuel fume problems at the Wards building , Councilman Nystul opened discussion regarding Main Street reconstruction and how to improve traffic flow, The possibility,of a traffic light near the Post Office was mentioned. It was pointed out that oil was boiling to the surface on First Avenues East and West, Councilman Saverud suggested enforcement at 1st Avenue East to slow traffic, which is very heavy, Councilman Ruiz commented on the job,description for the building official position. The description applies to inspector, rather than official, which is the true position, The City of Missoula job description for building official more accurately describes the position, Question on qualifications, Councilman Saverud stated that if we dial not find a qualified applicant we must start over, building on better qualifications. Councilman Nystul scheduled a Finance Committee meeting for 9;00 A.M. on Tuesday to review City audit proposals. Councilman Zauner moved to adjourn, Seconded by Councilman Saverud, ►��. ,ram: � •.� ATTEST: Marjori Giermann, City Clerk -Treasurer I