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09/20/82 City Council Minutes-364 THE REGULAR MEETING OF THE KALISPE.LL CITY COUNCIL WAS HELD AT 7:30 P, M. MONDAY, SEPTEMBER 20,:198-2 IN THE CQUNCIL CHAMBERS.AT CITY HAIL. MAY McDOWELI, 'RESIDED., :ALL.COUk IMEN.'WE ,E I'RES` T,: . .APPROV9 MINUTES' ' :Cbuncilman`.Nystul .mowed .that -.the minutes of the' Special-•-Meeting.of September 3, •1982 be.. approved as presented. Seconded by Councilman Zauner.' Motion, carried. Coizrncilnian Vidal`='moved that -the minutes of the Regular Meeting of September 13, 1982 be hi3b roved' .as_ presented-. Seconded- by Councilman Grainger, Motion carried. CITY O�pfCIAL REPORT'S - C-iiy.Tre'asurer.folr July 19:$2. City .Judge for .August 1982; Police Chief for August'-1982, Councilman Nystul, moved that City Official reports be accepted, Seconded by Councilman Saverud. Motion carried, 'OPEN BIDS Sale of .Bonds for Special Bighting District #l:, There were no bids; OPEN -BIDS - Sale,of Bonds for S,I,D. #335 (pave Arizona Street). There were no bids, 1 Councilman Nystul moved that the staff be authorized to solicit bids. Seconded by Council- man Ruiz, Motion carried. ADDRESSING THE COUNCIL Attorney Dean Jellison addressed the Council o.n the following memorandum: MEMORANDUM TO -KALISPELL CITY COUNCIL The annexation of the tract which is to be the location of Treasure State Plaza has been approved by the Council by Ordinance 1017 adopted September 1.3, 1982.'. It was the understanding of the owner, . Dale Collins, that the .plat could be immediately filed upon adoption of the Ordinance and a closing of the -Farmers Home Administration financing was scheduled to coincide with that date. The City Attorney indicates that. the plat may not be filed until 30 dayr after the date or adoption of the ordinance and this will result in a substantial delay which may jeopardize the project since the ,construction season is rapidly drawing to a close. Sec.' 7-2--4714 MCA provides, for filing of the -record of adoption of the Ordinance by the City Clerk:with the County Clerk and Recorder. It provides; '"ror4 , 1L1te .c.t��1 �Qf the BDS_UM nt -in .the off ice .f ==ty v�� Dr kh_e r�s iye mate .sue the cdinance, whichever . am}e=ti nn D-t ireY.rit-or,Y pls-LU be " If . Sec. 7--2-4713 permits the effective date to be fixed at any time within 1.2 months from -the date of passage. Sec. 7--5--105 provides. that no ordinance shall become effective until 30 days after the second and final reading, unless passed as an emergency ordinance. To complete the FmH,A closi.ngr Mr.'Collins must be'able to deed the property to Treasure State Plaza. -A deed will not be accepted until the plat is filed, The Ordinance adopted contained wording that prevents the City Clerk from releasing the plat'for filing until the 30 days have passed. It provides that the Clerk shall r "fl_p �U rioc .be 1~.1at_hpad C4Dn_ty lallk WA RQc9.rdP,1 upon D-C motor . attas jye .dam . " If the ordinance, had not contained that limitation or lal)guage contained in the next paragraph which says that the annexation will be complete upon the filing of the document, the Plat' Certificate could be filed now, no problem would exist and the Ordin-ante woul{_I be effective in due course. We propose that the ordinance be corrected by the deletion of the phras{_: ".' _, Qn D-r effectivle from paragi�aph.2. and the insertion of, in the second line of parf e_;- aph three ' following the word Treasurer, the following: D _Qw.: e c ' i. _Q here9 c jghicheveL ._U 'occ� Thus, the ordinaac�-` *would conform precisely to thq statute, the Plat could be filed, -immediately and the project could proceed. Dean Tellison 1 1 Di) City Attorney Neier stated his opinion that when an ordinance is passed, it is a law, but not effective until 30 days frpj4 thQ' date of the 'ec' pd reading. Any change or amendment to any ordinance would take two readings and delay things further. Dale Collins stated that he had been informed that an ordinance could be filed at the courthouse immediately after the second reading, Councilman Palmer moved to adopt the ordinance to conform with the state statute as corrected. Seconded by Councilman Ruiz. Councilman Ruiz spoke against the motion, stating that the state statute is a guideline. He stated that he sympathizes, but these problems come up, Now that it has been brought to our attention, we should address the problem if there is one, Councilman Palmer said he sees a responsibility to conform to the state statute. Question called. Councilman Palmer voted aye. All other Councilmen voted nay. Motion defeated. PUBLIC HEARING -Hutton Addition #148- Continued from July 19, 1982 This public hearing had been continued from July 19, 1982 until this meeting at:.the request of Dr. Gatzke, president of FVCC, so that they would know whether or not the residents of Flathead County would approve moving the campus. At the September 14 election, the residents who voted approved the move by a vote of 3 to 1. Mayor McDowell asked for proponents. Dr. Gatzke presented letters from eight North Haven residents and FRDO stating their approval of the move and the annexation, Councilman Ruiz asked if the North Haven residents were county residents. They are just outside the city limits. Other proponents were Dale Pelton, Blaine Pelton, Kathleen Walker and Dale Haarr. Mayor McDowell asked for opponents. There were none. Dr. Gatzke stated he would answer questions, if any. Councilman O'Boyle stated his concern about the distance the police would have to cover if called. Dr. Gatzke replied that we are probably looking at very few calls. The college will not be a full campus at the beginning. They will only have funds to build one building at a time. It will be a long time until there is a full campus and the chance of increased need for the police, Councilman Ruiz asked why the college wished to be annexed to the City. Dr, Gatzke replied that it was to receive all city services - water, sewer, police and fire pro- tection. Councilman Ruiz asked if they would accept sewer and water services and forego annexation, using the Sheriff's office for police and fire protection. Dr. Gatzke re- plied that the trustees would not want to move unless the property is annexed. Also, he believes it would be to the best interest of the future of the college to annex to the City and that it will be to the best interest of the City and its citizens. Councilman Ruiz agreed with Dr. Gatzke, but at the same time, the citizens of Kalispell are going to have an added tax burden to provide fire and police protection to an in- stitution which serves the whole valley, Dr. Gatzke replied.tha.t he realizes this but it is the same with the Fairgrounds, Courthouse and other places that serve the entire county. The college is turning back buildings down town that will go back on the tax base and this should help the City. Councilman Palmer moved to direct City Attorney Neier to draft an ordinance to extend the city limits to include Hutton Addition #148, with the following provisions: 1. We will install and/,or improve extensions for water and sewer in accordance with the City of Kalispell's Standards and General Provisions for Design and Construction," 2. We will waiver the right -to -protest the creation of S.I.D,'s for storm sewers and road and right-of-way improvements, 3. We will analyze traffic flow in accordance with City Standards, and develop approaches to Highway 93 and Grandview Drive for approval by the State Department of Highways and County Road Department, based on anticipated use. .4. We.will present site development plans for review and approval by the .City Building, Engineering and Fire Officials, noting the comments in the FRDO Annexation Report. Seconded by Councilman NystuI. Councilman S_ud stated he is concerned that-some-of__the-area might be sold off in --- one or .two _ acre tracts _to - assist in funding college buildings .--or for same otrier reason. Councilman Vidal stated she would express the same concern as Councilman Saverud. 366 Dr. Gatzke replied that he thought there would be no problem with including in the ordinance as a condition "that the disposal of any or all of the land must be approved by the City Council", Councilman Palmer moved to amend the motion to include "that the disposal of any or all of the land must be approved by the City Council", Seconded by Councilman Nystul. Motion carried, Question called. Roll call vote. All voted aye, PUBLIC HEARING - Idaho Forest Industries Addition #137 The area is located north of Kalispell and abuts Highway #93 and Four Mile Drive. Area is 17.6 acres. Mayor McDowell called for proponents, .lames English, Coeur d' Alene developer, was present to answer questions. Mayor McDowell asked for opponents. There were none. Councilman Palmer moved to direct City Attorney Neier to prepare an ordinance to extend the city limits to include Idaho Forest Industries Addition #137 with the recommendations of FRDO as follows: Developer will install the sewer and water lines, waive protest of future S,I.D,'s and will:contribute to traffic circula- tion system that will connect Four Mile Drive with Summit Ridge Drive. Seconded by Councilman Ruiz. Councilman Ruiz stated -`that me have other property'in that area that has vacant lots with tall grass that constitutes a fire hazard, and asked Mr, English if he has a market available. Mr. English replied that they have owned the property for a little over one year, tried to get it zoned commercial but was turned down. They are now negotiating with a church for a portion'of it and the rest will be residential. Question called. Motion carried. COMMITTEE REPORTS COMMUNITY DEVELOPMENT Councilman Saverud thanked Mayor McDowell, Councilmen and the staff for the good wishes sent to him after hip accident and stated that it was good to be back. DEPOT RENOVATION The Chamber of Commerce has received enough pledges -to begin the renovation on the old depot. The depot is owned by the City and leased to the Chamber, The Chamber has re- quested a loan of $30,000 from the Redevelopment Program, The loan is approved, but the First Northwestern National Bank requires that the City be deed of trust to secure the loan in case the Chamber defaults. Councilman Saverud stated he has reviewed the situation with City Attorney Neier and there is only.a minimum risk. Councilman Saverud moved that Mayor McDowell be authorized to sign agreement and any necessary documents for the Chamber of Commerce loan, Seconded by Councilman Nystul. Councilman Palmer -asked if the City could pay back in.:l-installments in case of a default. Councilman Saverud answered that it can be paid back over a five year period. Councilman Ruiz voted no, All others voted aye, Motion carried. Councilman Saverud reported that he is very pleased with the last rehabilitation on a home for Flathead Industries. Some residents are already established. The home is still apen,.for inspection, if anyone cares to visit. Councilman Saverud expressed his concern about the apparent inequities in the Governor's Block Grant Program. Why is there only an additional $14,000 for Kalispell and $94,000 for Browning? Councilman Saverud moved that the Mayor write to the League of Cities & Towns and to Governor Schwinden for the answer. Seconded by Councilman O'Boyle. Motion carried. SAFETY Councilman Grainger had no report. SEWER F WATER Councilman Ruiz had no report. FINANCE Councilman Nystul reported that he will be having a Finance Committee meeting in the near future and will discuss whether or not we want to join the Urban Coalition Group. Mayor McDowell reported that Western Analysis is doing a study for the coalition on financial status of cities and have asked for some of our financial records, These have been mailed out promptly and we will continue to assist them in any way possible. EMPLOYMENT Councilman Zauner reported that the Council was notified of a new employee in the office of the City Clerk beginning September 7th to replace an employee who quit in July. L_ Councilman Zauner reported that on Septegber 7th a grievance was filed by the KPA regarding procedure on rank, A meeting will be set up for arbitration and the Council notified. Wednesday and Thursday of this week Negotiator Dan Johns will be meeting with the Firefi-ghters and AFSME, Councilman Ruiz questioned the policy on hiring, He asked if there was not an ordinance passed a few months_:ago:stating that hiring and firing of all employees would be by the Mayor, with the advice and consent of the Council, Copies will be put in mailboxes, STREET & ALLEY Councilman O'Boyle reported that Main Street reconstruction is near completion. There are no meter posts now and no way to inform motorists on two --hour parking. Chief Stefanic stated that the problem is complex. City Attorney Neier says we can enforce without signs, but it is better to inform. Council should determine how many and what type and how many signs on a post. Councilman O'Boyle stated he would take the question to his committee. The figures he has done show that a bare minimum of 36 signs are necessary at a probable cast of $1,000, However, on a com- plete study, this could double. Councilman Palmer asked that th'e Parking Commission be consulted on the signs. Councilman Saverud asked that they place as few as possible. The Parking Commission meets tomorrow at 2:00 P,M. and Councilman O'Boyle will discuss the problem at that time. Councilman O'Boyle reported that his committee will not award the bid for construction of S.I.D. 9335 until the bonds are sold, PARKS Councilman Vidal has no report, ANNEXATION AMEND COMPREHENSIVE PLAN Councilman Palmer explained that the Flathead County Commissioners approved by reso- lution 17 points on land use change of the Comprehensive Plan, The.17 points were reviewed by the Annexation Committee and all were approved except #12, which is in an area on LaSalle Road. This was disapproved because it only allowed the change to a depth of 200' from the road, A proposed grocery store in this area requires 440, depth for parking and building. Builders of the store requested the County Com- missioners to amend the 200' limit , Councilman Palmer read a letter from the FRDO dated this date, which amended areas #9 and #12, depending on the tract, to go back 400! . Councilman Palmer explained by use of a map where 1s acres are located and what was the former use, the change and the reasoning, He then asked if the Council would like to adopt all in one resolution, or to vote on each one. City .Attorney Neier advised that both governing bodies (Council and Commissioners) have to adopt prior to becoming effective. The Commissioners have approved a resolu- tion of 17 parts and the Council has to adopt 1 resolution covering the same parts. Councilman Vidal objected to one resolution covering so many separate areas and recommended approving one at a time. John Santa, 36 Hillcrest Drive, stated that this looks like spot zoning and we should get better information from the CCPB. Councilman Palmer replied that spot zoning is when a total block is not taken for general purpose use. He explained further that the Council as a committee of the whole had spent two hours discussing the 15 areas. Councilmen Vidal and Nystul were out of town at the time of the meeting. Reinhold Magstadt, Panoramic Drive, stated that they had been working for 3 months to get the proposed site for a grocery store legally cleared for building. They just can not stand another delay. Kathleen Jukich asked the Council to remember that they are not looking at zoning, but at an amendment for land use. Councilman Saverud replied that in areas where we wish to issue a building permit, the Comprehensive Plan is zoning. In the absence of any of the planning staff from FRDO, the meeting was recessed at 9:40 P.M. to call Nick Verma or Jim Mohn to answer questions. Meeting called back to order at 9:50 P.M. Mr. Verma was not located, but Mr. Mahn was available. Councilman Palmer asked Mr. Mahn if the 17 points must be adopted in entirety. Mr. Mohn replied that the FRDO and County Commissioners went through the areas parcel by parcel. Theil.Commissioners then elected to take it as:a package as recommended by the City -County Planning Board. If the resolution is altered, it will have to go back to the Commissioners. Discussion on why the variation in depth. Mr. Mohn explained that for planning purposes, the recommended use for general area applies, The La Salle Road area is heavy residential about 200' in depth, so this was the recommendation. However, if a lot is 200, 250, or even up to 1,0001, it would not be divided, When two land uses apply to single ownership; the land use would be up to the owner, Attorney Dan Johns addressed the Council with the statement that he has discussed with the Mayor and City Attorney the fact that he represents the City on labor mat- ters and Developers Diversified with zoning, so there is no conflict of interest, Councilman Palmer stated that he would start with #15, which is the proposed mall area. Councilman Vidal mdved to. table #15, advertise and discuss. Seconded by Council- man Saverud. City Attorney.Neier stated that the County Commissioners were requested to zone an area.. The. -County Attotney and he have pressed for a resolution in bulk, rather than one at a time, The media let it be known what we are doing tonite and it is not required to advertise. Doing individual requests is spot zoning. Councilman Ruiz spoke against the motion, He stated that the mall issue had been presented very thoroughly and over a period of nearly 3 years and he thought it was time for the Council to make a decision, Councilman Saverud stated that he did not think everything is of equal importance. Attorney Johns stated that he has been hearing some stories about the mall - the truth is that it has .been publicly noticed and they do intend to build a mall. Former Councilperson Ann Smith stated that the resolution lumping all the areas to- gether is just a ram job to get #15 through. Question called. Motion defeated. Attorney Johns, representing Developers Diversified, stated that his client is very serious about building a mall in the location north of town. They now have an environ- mental impact statement and have changed some of their plans to comply. It will be a very proper mall, costing about $10,000,000. It will add in excess of $250,000 taxes per year. He stated that the hospital and medical clinic are commercial, so the area is already commercial. He concluded --by saying that if the Council will approve the Com- prehensive Plan, their next request -will be annexation and zoning and they will cooper- ate and assist in every way possible. Dale Haarr, 155 Sherry Lane, read a letter expressing his concern about the mall.. He stated that interest rates are still high and retail sales are down and he did not feel we need a mall. His primary concern was that the north entrance to the City was the only clean non-commercial entrance and with the building of a mall, you will also see bars, restaurants, etc. He concluded by asking the Council to make sure the bases are covered on land use, Dr. Van Kirk Nelson, Chief of Staff at Kalispell Regional Hospital, stated that when they discussed building a medical clinic, they looked for the best property available. When they chose this area, no one was hostile. It may be selfish, but patients can look at the mountains, have easy ingress and egress and it is one entrance that is clean. The City Clerk read the minutes of the City County Planning Board:. ''The -axea bast=f---t1i->rt_esection =o£=NQxt}iridge -Dtire and,93 North be designated Commercial with a-`gre-enbelt buffer..—. — - - - Jukich ask-e-d" -for comments -from the -floor__; - - Dan Johns; legal reps- en ative fox Deve rs Diuersified� presented the progosah to the Board 'and state =`_t-h this: -was - the sam_ proposal that.::}iad`.' presented to .them._at the meeting approximately. two months ago,,- =He- siid, that txnf�ir and inaccurate accusa- . tions- have boon made against Db. el-opers...D.iversi fied , and that he was. aware of the letters that had -be -an sent _-to=the Board, bust -that he-- did :not -have anything to do with the-writ- ing--o-f them. -Johns-further- stated that. he_woud°mike �cecommendation for the pla nning changeso that he could sit ..down with some =specifics ,` -; Cal -Swet; } an area 'resident, stated -that he e_wnb;d proper by the proposed -mal l and that'he-would like to see the retail dealers stay i:n the valley. Dale Haarr, resident of Sherry Lane,said that he would be living in an area close to the mall, that he owned his own business in downtown Kalispell, and is President of the Kalispell Development Corporation. He stated that the Board's earlier amend- ment would double the size of Northridge Heights, thus creating a traffic problem at the intersections. Haarr further stated that if the mall went in, that it would put the downtown stores our (sic) of business. He also said that Kalispell needed a regional mall in the downtown area. 1369 Pam Harris, North Haven Heights, said that the intersection North of the pro- t posed mall is very dangerous, and that she is not opposed to the mall, but was opposed to the location. 1 Phyllis Burk,'North Haven Heights, asked what the main stores were going to be in the mall and felt that the Kalispell area people were still going to shop in Missoula if the key stores in the mall.were stores such as K,Mart, Woolworths, etc. Gerine Little, Salish Court, said that she was against the zoning because of the increased traffic problems and that she knew people in.,.Michigan who live in an area where Developers Diversified constructed a mall and that it is not everything that it was proposed to be. Don Arthur, owner of the Second Wind, said that he was divided on the issue, He felt that the most important issue is, "what does Kalispell need," Juckich asked for any rebuttal statements. Johns stated that he believe5in the free enterprise system and that it would not ruin downtown Kalispell, He further stated that Developers Diversified have not had a mall fail yet. Jukieh asked for comments from the Board, Trippet said that he believed in the free enterprise system also and that it will prevail. Palmer stated that he owned four tracts of land which abutts the mall property and said that he would abstain from voting, Heller said that he would like to see the mall located further North, that he was intrigued by a regional mall, but that 30 acres was not enough for this. Peters stated that he also believed in the free enterprise system and that the valley needed an economic boost, Nance stated that all of his questions had been answered, Jukich said that a regional mall was never put in the first plan. Trippet moved that the area East of the intersection of Northridge Drive and 93 North be designated Commercial with a greenbelt buffer. Seconded by Heller. All vosted for -this change except for Palmer who abstained. Motion carried." Councilman Palmer stated that for the record he abstained from voting on this area because he and his wife own property adjoining the tract and previous to any pro- posal of a mall. He will also abstain from voting with this body on this particu- lar item. John Santa, 36 Hillcrest Drive, told the Council they are being asked to change this area for Developers Diversified, It is similar to a zone change. Later you cannot change. It is a very important decision. It may be a third-rate mall. His recommendation would be for the Council to back the proposed BN Mall in downtown Kalispell. . Councilman Grainger asked Mr. Santa if he knew something the Council does not know. Mark Agather, 530 6th Avenue East, stated that he was in favor of the downtown mall. Dr. Nelson asked the chair to take a vote of the people in the audience. Mayor McDowell replied that he would not take a vote at this time. Doug Rauthe, 413 6th Avenue East, stated that the .proposed college campus will not give the scenario that a mall will give. Arbee's will probably go into the 10 acres belonging to Forest Product Industries, Virginia Sloan, 835 lst Avenue East, cautioned the Council that their vote tonight will affect future generations. Walter Bahr, 403 Parkway Drive, stated that all property along a highway should be commercial. It was a planned residential area, but if anyone thinks living along a busy highway is good, just come and spend an evening in his yard. Attorney Johns stated that a Private Unit Development could be adopted to impose on the development. James Karabec, Vice -President of Developers Diversified, addressed the Council with the statment that he can sympathize with the Council as he is a Councilman back in Ohio. As far as an opinion poll is concerned, if he were allowed time to talk to people in town, he could muster a lot of votes for the mall. An opinion poll taken three years ago showed the people to be 3 to I for a mall. He would be willing to go PUD. He would also like to see both malls built. i 70 Councilman Ruiz moved to adopt #15. Seconded by Councilman Nystul, Councilman Ruiz stated that it was a good idea to build the mall when it was first presented and is even a better project now, Maybe the vote reflected the wishes of the people -maybe only the wishes of the Council. At that time they said downtown will die, Since then it is dying. Maybe a different vote then would have.changed it, We are not generating enough taxes to operate the City now and we are annexing the college now, which will provide no tax base, The Council should take the advice of the CCPB and Staff that we need more commercial. We may have commercial property, but if nothing -is being built, it is not what we need. Councilman Nystul stated that without question there is need for retail, Dollars are leaving town. Our concern is to sit down and discuss, We are not organized as to needs enough to know ha.w to vote tonight, City of Kalispell has to know costs and what the future holds. Mayor McDowell asked what about other people concerned who are not in this particular area. Councilman Saverud said he would favor a PUD concept on commercial because we have a future generation to consider. Attorney Johns addressed Councilman Nystul with the .statement that he was not trying to push this through tonight, He understood that Councilman Nystul was not on the Council the first time it was presented and if he felt he needed time to discuss with the Council or anyone else, he would be willing to wait until the next Council meeting, Councilman Ruiz withdrew his motion. Councilman Nystul withdrew the second. Councilman Ruiz moved to table the vote on amending the Comprehensive Plan, Item # 15 until October 4, 1982, Seconded by Councilman O'Boyle, Mrs. Magstadt was very`irate that the Council would table the entire package because of one item. Councilman Zauner stated that the County Commissioners should not have put everything into one resolution, - Question called. Motion carried. Councilman Grainger moved to direct the City Attorney to draft an area for building per- mits outside the city limits to eliminate Evergreen, Seconded by Councilman Palmer. Walter Bahr asked the Council not to give up their jurisdiction of Evergreen, Councilman Grainger withdrew motion. Councilman Palmer withdrew his second. Dr. Nelson asked them if they could not vote tonight, Councilman Grainger stated that items #1 and #2 bother him and he would like more in- formation. RESOLUTION No. 3442 Councilman Palmer moved to adopt Resolution #344?-, a resolution to accept items 8,.9, 10, 11, 121--16 and 17 of the County Resolution #465-A, not to exceed 500, in depth, Seconded by Councilman Nystul. Councilman-Saverud moved to amend Items 16 and 17 of the resolution using our own language "non -conforming". Seconded by Councilman Nystul. Motion carried. Question called on Resolution, Roll call vote, Councilman Vidal voted nay. All other Councilmen voted aye. Resolution adopted. LICENSE & PERMIT BONDS McDowell Heating & Air Conditioning Service Heating $ Air Conditioning Bond Councilman Nystul moved that all license and permit bonds reviewed by City Attorney Neier be approved, Seconded by Councilman Saverud. Motion carried. Councilman Palmer moved to adjourn. Seconded by Councilman Zauner, Carried. Approved as presented October 4, 1982, ATTEST: Marjori Giermann, City Clerk