04/04/83 City Council Minutes~'.. THE'REGULAR MEETING THE-KALISPELL CITY CQUNCIL•WAS HELD AT 7:30 P.M. MONDAY, APRIL
4; 19 3".IN'THE.CbUNC1L CHAMBERS AT CITY HAa .-,MAYOR McDOWELL PRESIDED, COUNCILMAN
RUIN .ABSENT. _ALL. OTHER COUNCILMEN WERE PRESENT:
APPROVE MINUTES
'Councf.lMan •Zakirier moyea- that , the minutes of the regular meeting of March 21, 1983. be
approved as presented Seconded by•Councilman Nystul. Motion carried:
ADDRESSING: -THE COUNCIL .
.14ayor McDowell made three ca:11s for anyone wishing to address the Council. No one -
responded,
CQ.1MITTEE REPORTS
ANNEXATION
Councilman Palmer read the Resolution to Adopt a Certain Recommended Amendment to the
Kalispell Land Use Plan as follows:
i
I. -
RESOLUTION No. 3460
A RESOLUTION TO ADOPT A CERTAIN RECOMMENDED AMENDMENT TO THE
�KALISPELL LAND USE:PLAN.
WHEREAS, THE City'Council of the tity.of Kalispell, Montana,
did on the 21st day of October, 1974, adopt a Comprehensive.Plan
for the Kalispell Planning area,'and
WHEREAS, on December 1.5, 1982, the Glacier Park Company, a
subsidiary of Burlington Northern, Inc., submitted an application,
pursuant to the administrative planning.procedures for Kalispell,
for a proposed amendment of the. Land Use portion.of -the Comprehensive
Plan of the Kalispell City --County Planning Area currently.in effect
for a portion of the property of the said Burlington Northern, Inc.:,
situated within the City of Kalispell, and
WHEREAS, the Flathead Regional Development Office conducted.a
-study of the proposed amendment and'submitted a report. -of its
evaluation, findings and recommendations thereon to.the Kalispell
City --County Planning Board, and thereafter a public hearing as
required' by -Section 76--1-601, M.C.A., was duly noticed and held
by,said'Kalispell City --County Planning Board on March 8, 1983, at
7c3D P.M., in the Council Chambers of City Hall, Kalispell, Montana.
At said public hearing the Kalispell City --County Planning Board
didL.receive public comment on the proposed amendments and reported -
on the -recommendations of the Flathead Redevelopment.Office, and
WHEREAS, after consideration_ of -the report, recommendations
and -suggestions elicited at said public hearing, the Kalispell
City-=County.Planning Board did, by Resolution (KPA--83-001), pursuant
to .Section 76-1--603., M.C.A., recommend to the Mayor and .the City
Council of.the City 'of Kalispell and to the Board of County Com-
mis loners of Flathead County that -the Kalispell Land Use Plan
be amended, (a copy,of said Resolution #KPA--83-001 attached hereto
as Exhibit "A" -and for purposes of this Resolution made a part
hereof), and
WHEREAS, the City Council of the City of Kalispell considered
it advisable that they consider the recommendation of. the Kalispell.
City. -County Planning Board and did adopt on the.21st day of March,
1983', a Resolution of Intention pursuant to Section 76-1-604, M.C.A.,
to adopt, revise or reject the recommended amendment to the Com--
prehensive•Plan for the Kalispell Planning Area, (a copy of -said
Resolution No. 3457 is attached hereto as Exhibit "B" and for pur-
poses of.this Resolution made a part hereof), and
WHEREAS, an the 4th day of April, 1983, the City Council..of the
City of.�Kalispel.l, Montana,'met and considered Resolution No,.3457,.and
'.
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SHEREAS.xter yreviewing
n.
. the DY r 1thedt—
_consicera
g3on.al .:Dev63.60rtent 'Office 13l'dn Ameij-d�ent Report 'OKPA--83-001 2 )Ro:sblutian itCPA--83--001, entitled- a and
}Resolution tc� Recommend
Amer�clment to ,the. Comprehensive Develo rnent. Plan. for the:. Kalispell . Pla`r�nin A.i�.ea, Conco):ning Certain Property. of Burlir�c3tc�n Northern,
in.: -t1?e Ci�t of Ka l isp:e l l ; the City Council of the City of
Ital spe l•, Montana.,: donsiders ii� ,in the -best interest of the City of ICalirspI that they adopt ; -pursuant to Section 76- 1 -G04, M.C.A. r trhe `recamrn ndat~ Qn of the Kalispell City -County Planning Board'and
6Mehd the Cornpr-ehensive Plen fox the Railispell Planning Area as. per
Resoluta on, YPA-83�-O.al :
NC7ia7,, THEREFORE, BE IT. R1a8OLVED BY TBE CITY COUNCIL OF T1IE CITY OF
1 A],lSPL'LL, . MONTANA, THAT ,T11E COMPREIJENSIVE PLAN FOR •TBE EALISPELL
1'I,i+ihNxNG AREA >3E AMENDED AS POLL
011S:
Amend Figure I11--1,Chapter 3.,'Page 111-9, thereof,
designate the land use from "Industrial" to
"Cororaercial" .for the 13urlington Northern, Inc-, .
right -Of --way property between F. ifth Avenue West'
-and..Third Avenue Easy. in the City of I{alispell _
PA:8SED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY
..THE MAYOR ON THE 4TH DAY OF APRIL, 1983
r
ATTEST:.
r
Ma r. r Giermann, City Clerk -Treasurer
EXHIBIT "All
RESOLUTION # KPA-83-6oi.
A RE90LUTION TO RECOZ`fMEND AN .AMENDMENT TO THE COMPREHENSIVE DEVELOPMENT PLAN
FOR THE KALISpiLL.PLANKING AREA, CONCERNING .CERTAIN PROPERTY OF BURLINGTON.
NORTHERN, INQ.i, IN THE CITY OF KALISPELL
WHEREAS, Ori llecembet 151, 1982, the Glacier Park Company, a subsidiary of Bur-
lington Northern, Inc., submitted an application for a proposed .amendment �of
the Land Use Plan portion of the Comprehensive Plan of the Kalispell. City7Count;
Planning Area currently in effect for a portion of the property of the said''
Burlington Northern-; Inc., si-tuated within the City of Kalispell, and,,
WHEREAS, . the Flathead Regional iDevelopment ' Office has conducted a study of
said proposed amendments and submitted a reportof its evaluation, findings
and recommendations -thereon, and public heari.ng'as required by Section 76-1-601
M.C.A.,.has'been duly noticed and washeld by the Kalispell City --County Planning
Board on March 8, 1.983, and at said public hearing the following facts have.
been found. by ,.sa'id klispell City -County Planning Board:
Tie ri.exl i"r 'd�tectnd_adj`'oiniiig' r:azlrad service a`''the'dc�tliltoGrn
area of the City.of Kalispell has diminished since the land. Us;e Plan
portion of the Comprehensive Plan of the. Kalispell City -County plan;
ning Area was adopted in 1974. Further, the concept of..industri.ai
deue.lopmen't'..s'iL::i.:: the core area. of L'Aie City ul N.61"iby01i,. Wrixc_t
prompted designation of the property of Burlington Northern,'. -Inc.,
'between Ffth.'Avenue West and Third 'Avenue Bast bordered. by Center*
Street a.nd .the. Northern. boundary. of the .railroad property as "Indus"
trial" is incompatible with other land uses which' exist in the- City
core area, and,
2,,,.:::Ch.angxng-trends and factors in industrial location criteria warrant
9.re evaluation.oFf the portion of the Kalispell Area Comprehensive
Plan pe.rtalni.ng to the area presently designated as Industrial>use
:in .the Central Businesss District, and,
3. The optimum land use for.said property of Burlington Northern; Inc.Ji
based upon size, location, accessibility, need and.compat'ibility
i4itb adjoining developments, is now."Commercial" within the meaning .
of that use-category.as-app-lied by said land Use P1an..:Thi.s is. due
C:o the size of .the tract involved, its location and accessibility -
to other "Commercial_" and "In dustrial"..areas of "the ,City of Kalispell
and..the,need of the City of Kalispell fox.an expanded commercial.
areab.ccaus-e,o,f`. is continued development-as'a'. large, local and regional
ee..a1f center, :arid.,
thh8 �nompa�ble to [lees alloxid x1 lareas ad�anrng said ,tract
lass ,been fpu��d� be; reasonably fo,reseable,.' shanxd said ;tract be
d:esiin`atcd as fr�Com�nercial"' tead`'of ''r.ndns_tr'ia; 1e,
Shou-ld said -tract, be developed as ,Commercial", the economic base'
of the City of Ka-lispell will be.enhaneed by development of retail
'.and touz%st oriented businesse.s within the City in.an.area_that is -
otherwise.proying:to be -dormant as:a developing area. Further, such
de'vetopment,would-contribute toward the revitalization of the.entirie
- City of Kalispell, as well as-the,downtown area,. enhance the economic
base, and thus. increase jobs for. the entire Planning Area. New corn-
mercial development in an area .now occupied liy several railroad tracks
that stand vacant a good deal of the time would improve the aesthetic
values'of the community by removing a semi -blighted area and encourage .
modern landscaping therein. .
6. other designated Industrial areas within the Planning Area that axe -
presently vacant or underused.will be encouraged to develop as
planged;.
7. Corrent u6pA 1n thetract are 40% commercial:and increaSing; where
as: current industrzal:.uses therein are decreasing;
. u �x a cpr �a "s have �ieen favorable to-: the ame�nrmer�t -�q and the
ry e ss f cairiori a the`,B.url gtan ; ortlz n, 1nc., t Last zrlualved
ercir� fxoM;`�Iindu'str to ilt`mfllex'cial"`:
9 in ti,e b.Est interests of the City o€ Ka.lispelz`as a,'whole.that
the tract-. znvolved herein develop in "CommerdIa.l:"uses and there
appears to`be no-.s :gni.fitant' adverse impacts 'demonst:rated .to.' occu;x
to`exl.stift city _services and facilities ;try such.development;.
NOW, TAF ORE;, BR IT RgSOIV'B.D; that the' 1Calisp
EFelL Catty -County Plarinirrg Baaxcl"
recommends t7o- the.Mayi�ir.:a'nd City Council of th-e City.:of; Kalispell and to `the
Board t. of gpuny. .0mmissioners:of Flathead -County, that the Land Use- an.p01
w, of -the Compzebdnsive Plan of the Kalispell City-Couaty.Planning Area adopted
in 19:74:an'd .thereafter from -time to time amended; be - furthe:r amended .as .follows:.
F igure III-1, page 111--9.,. Chapter 3,. thereof, be. amended to' -change the
lard'use,designation:from "'Industrial:",to "'Commercial" for.. the Burlington,
Nor hern.,: Inc.;'Right-of--Way between Fifth Avenue-.West.'and -Third Avenue
East in .the':City of Kalispell. -
Passed,b.y affirmative vote .of seven (7) members -'of he KglispeII City --County
elanding.Board this Sth'.day of March, 1983.
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`PESOLUTION #3460 . - -- EXHIBIT "B"
RESOLUTION NO. 3457
A RESOLUTION OF INTENTION TO ADOPT, REVISE -OR REJECT RECOMMENDED
AMENDMENTS TO THE KALISPELL LAND USE PLAN.
WHEREAS, the City Council of the City of Kalispell, Montana,
did.on the '21st day of October, 1974, adopt..the Comprehensive Plan
for the Kalispell Planning Area,.and
WHEREAS,'on December 15, 1982, the Glacier Park Company, a
subsidiary of the Burlington Northern, Inc., submitted an application
for a proposed amendment of:the Land Use Plan portion of the Com-
prehensive Plan,for the Kalispell City--County'Planning Area cur-
rently -in effect for a portion of the property of the said Burlington
Northern, Inc.., situated within the City of Kalispell, and
WHEREAS, the Kalispell City -County Planning Board did on the
8th.day of March, 1983, at 7:30 P.M. in the Council Chambers of
the City Hall, Kalispell,,Montana, hold a public hearing after pro --
per notice, and received public comment upon the report and recom-
mendations of the Flathead Regional Development Office, and
WHEREAS; after consideration of the report, recommendations
and'suggestions elicited at said public hearing, the Kalispell
City --County Planning Board did adopt by Resolution (#KPA-83-001),
a copy of said resolution is attached hereto as Exhibit "A" and
for purposes of this resolution made a part hereof, pursuant to
9-bd-tion 76--1-603, M.C.A., recommend to the City Council of the City
o'c:,.lispell, Montana, and the Board of County Commissioners of
F1....%::...tead'County,.Montana, that the Kalispell Land Use Plan be
amended and
WHEREAS, the recommended:ame'ndment to the Kalispell City -County
Land Use Plan, as recommended by the Kalispell City -County Planning
Board, did state as follows:
Figure 111-1 Page 111-9, Chapter 3, thereof, be amended
to change the land use designation, from "Industrial" to
"Commercial" for the Burlington Northern, Inc.,.right
of -way between Fifth Avenue West and Third Avenue East
in the City of Kalispell,
a nd't
WHEREAS, the City Council of the City of Kalispell considers it
advisable that they consider the recommendation of the Kalispell
City -County Planning Board and adopt,a Resolution of Intent pursuant
to Section.76-1-604, M.C.A: to adopt, revise or reject the re-
commended amendment to.the.Comprehensive.Plan for the Kalispell.City-
County Planning Area.`.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL:
SECTION I. That it.'is the intention of the City Council of
the City of Kalispell to.adopt, revise'or reject the recom-
mended amendments to the Kalispell Land"Use Plan as recommended
by the.Kalispell City -County Planning Board as follows°
a) ,Amend ' Figure I I I--1 , page 111--9 , Chapter 3,
thereof,.be.amended to change the land use de-
si'gnation from " "Industrial" to "Commercial" for
the Burlington Northern, Inc., right -of --way be--
tween Fifth Avenue'West and Third Avenue East
in the City, of Kalispell.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY
,THE"..MAYOR.,ON:.THE ' /-. DAY OF !�'�r r. 1983. �.
r
ity Clerk
reasurer-; . "
23
This property is identified as BNRR property extending from 5th Avenue
West to 3rd .,Avenue fast; If adopted would change the land use of the
Comprehensive fPlan from"Industrial to Commercial. This resolution would
not be diffective unless also passed by the Flathead County Commissioners.
Councilman O'Boyle asked if it would change:the zoning. Councilman
Palmer replied that it would not at this point. It is about 40% non-
conforming now.
RESOLUTION #3460
Councilman Palmer moved to adopt Resolution #3460 a resolution to Adopt
a Certain Recommended Amendment to the Kalispell Land Use Plan. Seconded
by Councilman Saverud(�. Roll call vote. All voted aye.
ORDINANCE #1024
Councilman Palmer moved second reading of Ordinance #1024 an ordinance
to Provide for the alteration of the boundary of the City of Kalispell
by including therein, as an annexation certain real property comprising
Assessor's Tract 7A in the SW4SE4, Section 11, T28N, R22W, P.M.M. Flat-
head County Montana, to be designated as the "Kaltan Addition No. 153";
to zone said realty as "General Business B-3" District and amend the City
Zoning Map accordingly. Seconded by Councilman Grainger. Roll call vote.
Ali voted aye.
ORDINANCE #1035
Councilman Palmer moved second reading of Ordinance #1035 an ordinance
to amend Ordinance #895 by providing a corrected description of certain
real property annexed to the City of Kalispell as "Summit Ridge No. 1,
Addition No. 90". Seconded by Councilman Grainger.
This ordinance corrects an error on the legal description. Roll call
vote. Ali voted aye.
Councilman Palmer reported that as a result of the Annexation Committee
meeting they do intend to develop a Planned Unit Development (PUD) for
the City. It will involve much work.
STREET & ALLEY
Councilman O'Boyle stated that because of the absence of Police Chief
Stefanic, the second reading of the 'no parking on sidewalk and boule-
vards' ordinance will be postponed.
Councilman O'Boyle announced a Parking Commission meeting on April 5,
at 2:00 P.M.
PARKS
Councilman Vidal thanked the Fire Department for washing down the
tennis courts.
Councilman Vidal reported that the Parks Committee met to discuss the
future of the swim pool. Choices considered were abandonment; repair-
ing present pool, building a new bath house, new decks, new gutters and
new filtration; building a new facility on a different site one-third
the size of the present pool; or construct an indoor facility. Repair-
ing the present pool would cost approximately $300,000 to $5000000; a
new pool would cost abautL $450,000 and an indoor facility about
$1,500;000. The Committee chose to recommend that the present facility
be repaired.
Councilman Vidal moved Council approval of the recommendation of the
Committee to repair the present pool, build a new bathhouse, new decks,
new gutters and new filtration. Seconded by Councilman O'Boyle.
Councilman Nystul stated that to repair and cover one end of the pre-
sent pool would cost about $900,000 and to build a new pool comparable
in size would probably cost. $900,000 or double the cost to repair the
present pool.
Building, Official Alan Petersen reported he has inspected the bathhouse
and it is his opinion that it is not worth putting money into repairs.
The roof is sa(-r,,ing and concrete has been poured up against a wood wall,
24.
which will cause it to rot and fail. Superintendent Drent stated
that these are very preliminary figures and do not include a new water
line.
Councilman'Palmer stated he would like the pool repaired but would life
the City to have an out if funds are not available.
Councilman Vidal stated that -the committee would be meeting in about a
month to discuss means of funding. Her motion is to accept the recom-
mendation of the committee to repair rather than abandon.
Councilman Nystul stated that an architect will have to be hired to
get a price and know how much money will be needed.
Councilman O'Boyle asked if BOR funds are available. Superintendent
Drent stated that it will be about five years before the City is el-
igible for more BOR funds. The City has had several BOR grants and
the County likewise, and we must now wait our turn. Present BOP.
funds cannot be used for the pool or a study.
Superintendent Drent stated that he must ]snow whether the Council in-
tends to repair or abandon, so he will know whether to try and preserve
what we have by retaining water in the pool or drain and let go.
Councilman Vidal stated that there is no way we can open the pool this
year and there is an urgency to plan now or we will not have a pool a
year from this summer. Question called. Motion carried.
Councilman Vidal explained that before the committee can decide on how
to fund they must know how much is needed. Councilman Vidal t;toved that
the Parks Committee be empowered to contact Wayne Smith, Architect, to
design some plans. The architectural rate is 8 to 10% so we are look-
ing at $20,000 to $30,000 for a preliminary plan and specs.
Councilman Vidal moved that the Parks Committee be allowed to expend
up to $30,000 for preliminary plans and -specs. Seconded by Councilman
O'Boyle.
Councilman Nystul stated that we may transfer Revenue Sharing funds
budget for a new computer to pay for the plan. By next meeting we may
know more about the amount needed.
Councilman O'Boyle stated that it is so close to the new budget year
we may be allowed to pay the bill next year. Councilman Vidal stated
that it is very urgent that we do it as soon as possible.
Councilman Nystul stated that we have sufficient bugetary authority to
handle it now.
Councilman Palmer stated he would not like to pay out $30,000 if we
cannot come up with $300,000.
Councilman Zauner stated that the problem he has with funds for the
pool is that he has had to.hold the line on employee raises because of
a lack of funds. Now if we come up with $3.0,000 there will be trouble
for his committee. Councilman Zauner suggested postponing the vote on
this motion until next meeting.
Councilman Vidal stated that this is a one-time expenditure. There is
a critical need for children to learn to swim, because we live in an
area with so much water. She stated that it was more critical than
salaries.'
Councilman Saverud asked if we could get a range figure and give the
Finance Committee a chance to look for funds.
Councilman Vidal replied that we are dealing with specialist architects -
Wayne Smith Firm -they have done a lot of work and it. would be to our
advantage to employ them for the preliminary planning.
Councilman Vidal moved to amend the motion,to postpone Council action
until the next meeting, April 18th. Seconded by .Councilman O'Boyle.
Motion carried.
Question called on original motion. Lotion carried.
CITY DEVELOPMENT
Councilman Saverud read the following letter:
l .
25.
�v*, 33%Ar pff q tioc
r
March 21, 1983
Honorable Leroy E. McDowell.
Mayor of Kalispell
Kalispell, Montana 5990T
U.S. Department of Housing and Urban Development
Denver Regional/Area Office, Region Vill
Executive Tower Building
1405 Curtis Street
Denver, Colorado 80202
Dear Mayor McDowell:
The purpose of this letter is to apprise you that an update of the
minimum standards of physical and economic distress for participation in
the Urban Development Action Grant (UDAG) Program have altered the
eligibility of your city to apply for Action Grants,
On March 1, 1983, the Department of Housing and Urban. -Development
published in the Federal Register a revised list of small cities which
meet the UDAG disiress standards. A copy of this list is enclosed. Your
community no longer meets these minimum standards and, therefore, has
been ret,,ioveT from the list of eligible citiesw, your city has only
tvio,more Months in -which you may submit a UDAG application: May 1983 and
August 1983.
If your city has a potential UDAG project, we will be happy to help
you package it as competitively as possible for suhmission, If we can
assist you,.please contact Mr. Joseph McKeon, Director of our Operations
Support Division, Office of Regional Community Planning and Development,
at 0 03) 837-5121.
Sincerely,
Robert J. Matu schek
Director
Office of Regional Community
Planning and Development, 8C:
Enclosure,
SAFETY
Councilman Grainger. had no report.
SEWER &.WATER
No report.
FINANCE
Councilman Nystul-i.moved that all March claims found to be in order be paid. _
Seconded by Councilman Grainger. Motion carried.
Councilman Nystul reported that we have received the final statement from the
Montana Highway Department for the Main Street Project in the amount of $283,277.94.
_,_,____.__T_he'.b..11.1.,,wi.1..T...be_ pai&-vrTth.Mar ch -claims
EMPLOYMENT
Councilman Zauner had no report.
26.
MISCELLANEOUS
LICENSE & PERMIT BONDS
Stewart L, Briskin DBA
TMI Builders/Deve bpers Plumber
Continuation Certificate
Councilman Grainger moved that all License & Permit Bonds reviewed by City
Attorney Neier be accepted. Seconded by Councilman Nystul. Motion carried
Mayor McDowell annound ed a CAB Meeting at 7:30 P.M. Monday, April 11th, for
the purpose of planning their 1983-84 year.
Council agreed to take no action in response to a letter from the Federal
Energy Commission regarding our permits to participate in building dams on
small rivers.
Councilman Vidal thanked the Daily Inter Lake for their editorial on the swim
pool.
Councilman Grainger moved to adjourn. Seconddd by Councilman Palmer. Carried.
Approved as presented April 18, 1983
ATTEST:
MarjorGiermann, City lerk