06/20/83 City Council Minutes44.
THE REGULAR MEETING OF THE =SPELL CITY COUNCIL WAS EEI AT 7:30 P. M. MONDAY,
JOKE 20, 1983 IN THE COUNCIL CuAMBMts AT CITY HALL. MAYOR MCDOWELL PRESIDED.
COUNCILMAN VIDAL ABSENT. ALL OTHEAt COUNCI= PRESENT.
APPROVE MINUTES
Page 40 should be corrected to read "one of.our highest priorities" rather than "our
highest priority". Councilman Nystul moved the minutes of June 6, 1983 be approved
as 'corrected. Seconded by Councilman. Saverud. Motion carried.
OFFICIAL 18PORTS
Treasurer for April -1983
City Judge for May i983.
Police Chief for May 1983
Building Department for May 1983'
Councilman Nystul moved to.accept official:, -reports. Seconded by Councilman Grainger.
Motion carried.
OPEN BIDS.-.S.I.D. #336 CONSTRUCTION - Water Main Replacement and Paving - 11th Ave.
West - 7th.St. to $th St.
Pack & Company Cashier's Check Replace:.Waten Main $8,725.00
Base Course 2,456•30
Asphalt 4,300.00
TOTAL $15,481.30
to
Councilman Zauner moved to refer/the Sewer & Water. Committee with power to act.
Seconded by Councilman Nystul. Motion. carried.
OPEN BIDS - WATER VAN
.There were no bids submitted. .Referred to- Sewer.& Water Committee and Water Supt.
Hughes to shop.
PUBLIC HR=G, - AMEND REDEVELOPMENT AREA PLAN
Mayor McDowell called the public hearing to order.
Acting City Clerk -Treasurer Giermann read the facts of Publication of Notice and
Mailing of Notice as follows:
r
STAT9 OF MONTANA )
ss
County of Flathead)
1, Marjorie Giermann, being first.duly sworn, depose and say:
1) That I am the duly acting City Clerk -Treasurer of the City
of Kalispell, Montana.
2) That pursuant to a motion passed by the City Council of the
City of ,Kalispell at a Special City Council Meeting held on the
24th .day of May, 1983, and Section 7-19--4214, M.C.A., I caused to
be published in the Daily Inter Lake, a daily newspaper published
in Kalispell, Montana, twice on the 2nd day of June, 1983, and the
9th day of June,, 1983, the attached "Public Notice" relative to
the application of the Glacier Park Company, a subsidiary of the
Burlington Northern., Inc., to amend the Downtown Redevelopment Plan
for the City of Kalispell, Ordinance No: 933. And also, on the
2nd day of June, .1983, I deposited in the U. S. Mail, at Kalispell,
Montana, postage prepaid, a true written copy of said "Public Notice"
addressed to those persons; corporations, partnerships; associations:
and entities as set forth in Exhibit "A", attached hereto and there
by made a part hereof.
said persons, -.corporations, partnerships-, association and
entities are all of the property owners or reputed property owners
whose names appear.on the County Troasurer's tax roll and who are
entitled to notice:.'pursuant to S�ection� 7-15-4214, M.C.A.
Marjor'e Giermann 4.5.
Acting City Clerk -Treasurer
Subscribed and sworn to before me this -�� day of June,
1983. .
` Notary Public for the State of Montana
Residing at Kalispell, Montana
My Commission expires: -- - j
Councilman Saverud moved that notice of,the affidavit be made part of the record..
Seconded by Councilman Palmer. Motion carried.
Coi7ncilmax�:Saverad moved that letters written. by Neil R.. Hartman, Nanager- Development
for. Glacier Fark Company, a subsidiary of Burlington Northern, Inc. and the letter
'.. from the Flathead Regional. Development Office to the Mayor grid Council be incorporated
into this hearing. Seconded. by Councilman Palmer. Motion carried:
Glacier Park Company'.
LAND AND AEAL ESTATE DEVELOPMENT
A SUBSIDIARY OF BURLINGTON NORTI ER14 INC.1982
`..
December 13, 1982
rLATHEAD, REGIONAL
Nakul S. Verma
Planning Director
.Flathead Regional Development Office
723 Fifth Avenue East (Room ,414)
Kalispell, Montana 59901
Cear Mr. Verma
In accordance with the policies established by the Flathead Regional
-Oevel apment -Office-, this letter s.hal 1- represent. an application- to amend the
Comprehensive plan as established by the Kalispell City -County Planning Board,.'
aching as the Zoning Commission.
This appl i.ca,tion' includes:
1. The general and legal description of the area for. which •the amendment
is sought. ,
2. The present land.use classification is "LM". The proposed
classification would be C-3.
3: Reasons and justifications for the proposed change are varied. The
area falls within the Kalispell downtown development plan, furthering the
interests of the county and community to up --grade downtown properties.
Creation.of highest and best use of the site provides more tax revenue and
increased employment for the citizens of the area.
4. A current survey'of-the sit which shows size and boundaries is
attached. ,
5. A grid map of the site and surrounding area is attached.
Atached is the Petition For Zoning Map:Amendment along with the following
:'e qu i red items
1. Signed.petition
2. Map,of the area..__
46.
Mr. Nakul S. Verma
December 13, 1982
Page
6. A check for $400.00 to cover -fees for both the application for
Comprehensive Plan Amendment and Petition for Zoning Map Amendment.
It bas been ,a pleasure to deal with your office and your dedicated staff. We
will await the staff report and recomendations.
Very truly yours
Nei R. Hartman
Manager -Operations
GLACIER PARK COMPANY, a Delaware corporation, '
Attorney -in -Fact for
Burlington Northern Railroad Company
a Delaware corporation .
NRH:lur
cc: Mayor McDowell
Ic
VED
Glacier Bark Company Ir
LAND AND REAL ESTATE DEVELOPMENT O q
A 5UBS1'RIARY OF BURLINGTON NOWHERN INC.
]FLATHEAD l''i 010NAE,
January l2, 1983,
pEVELOPMENT OFF-IW
Mr. Nakul S..Ve.rma
Planning Director
Plat.head Regional Development Office.
723 ,5th Avenue East, Room 414
Kalispell,. Montana 59901
Dear fair: Verma;.
I appreciate your response with regard to the application for amendment of the..
Kalispell Comprehe.nsi've Plan and zone change.
I question the ne-cessity of -providing all the information you requested, but l
will. give you as much as possible based on the ongoing negotiations with possible
developers of the parcel. ,
L, The types of development being considered on the subject tract will in all .
.probabili.ty contain a shopping. mall. However, ihe.possibility of a civic
.-center, or: motor inn does exist.
2.:. At -present time the,development proposal would not.include retaining -many,
if any,. existing. structures on' the site.
3:-Reloca.tion,,of+warehouses and/or businesses would be subject to desirability,,
- to. -the overall.conce.pt, and the type of participation, whether a strictly
private development or a combination of public and private involvement. We.
-have-been working with other sources for possible relocation of tenants,
-i.ncluding land owned in the private sector.-.
4. The primary ingresses and.egresses would.be'Center Street, Main Street, and
5t.h Avenue West.,. Obviously 2nd, 3rd and 4th:Avenues West.on the.south side
of Center, which. deaden-d to the site, could also be utilized.
1
1
The approximate t.i.me frame for improvements and developments on the tract if
the zoning change is granted would depend a great deal upon.the final selec-
tion of .a.deveioper,,the.availability of mortgage funds, and cooperation from
the various and sundry public entities.
Based upon the knowledge that we have not determined whom.the developer would be
at this Juncture, J t occurs to me that within the limitations of the zoning for
C3, if allowed under the.C3 designation, would -it not be possible to.simply
util-ize a conceptual plan for the purpose of the rezone rather than one that is
specific in nature?
1111 Third Avenue • Seattle, Washington ga1o1 • (206) 625-6300
Mr. Nakul S. Verma
Page 2
January 12, 1983
I look forward to seeing you next week. We will arrange appointments through
Ed Gallagher's office.
Very truly you s,
Heil R. Hartman
Manager - Development
.NRH: cr .
cc: Mayor McDowell
LAND AND REAL ESTATE DEVELOPMENT
A SUBSIDIARY OF BURLINGTON NORTHERN INC.
January 26, 1983
r.; `} PECEIVED ,s
I
VAN 2 8 1983
FLATHEAD REC;.;3�'3.�,
Mr. Nakul S. Verma
Planning Director
Flathead Regional Development Office
723 5th Avenue East, Room 414
Kalispell, Montana 59901
Dear,Mr. Derma:
In accordance with our discussion in your office on Wednesday
.January 19, 1983, Glacier Park Company hereby requests that we.
amend our.applieation to amend the Comprehensive Plan, the
zoning, and the -Urban Redevelopment Plan as stated in my letter
of December 13, 1982. -We wish to include that area bounded -by
3rd Avenue East and Main Street lying northerly of Center Street.
48.
Mr. Nakul S. Verma
.Page 2
January 12, 1983
'i � it �i
49
i
rMa or and
City Co
uncil
y
City of Kalispell
�. March 10, 1983
1
between Fifth Avenue West and Third Avenue East,
b. That area contained in the'Railro.ad Right -of -Way between
RESOLUTION # KPA-83-001
A RESOLUTION TO RECOMMEND AN AMENDMENT TO THE COMPREHENSIVE DEVELOPMENT PLAN
FOR THE KALISPELL PLANNING AREA, CONCERNING CERTAIN PROPERTY OF BURLINGTON
NORTHERN, INC., IN THE CITY OF KALISPELL
WHEREAS, On December 15, 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 City -County
:-Planning Area cuxxentl.y in effect for a portion of the property of the said
Burlington Northern, Vi c., situated within the City of Kalispell, and,
j r
J
WHEREAS, the Flathead Regiosial Development -Of ftce has conducted a` study of
said proposed amendments and submitted a report of its evaluation, findings
and recommendations thereon, and public hearing as required by Section 76--1�601
M.C.A., has been duly noticed and was held by the Kalispell City -County Planning`.
Board an March 8, 1983, and at said public hearing .the following facts have
been found by said Kalispell City -County Planning Board:
1. The need for direct and adjoining railroad service to the downtown
area of the City of Kalispell has diminished since the Land -Use Plan
..portion of the.Comprehensive Plan of the Kalispell City -County Plan
ning.`Area was.adopted,in 1974. Further, the, concept of industrial
development within the,,eore area of the City of Kalisprell, which
prompted designation of the property of Burlington Northern,,Inc.,
between Fifth Avenue West and Third Avenue East bordered by Center
Street and 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. Changing trends and factors in industrial location criteria warrant;
a.re--evaluation of the portion of the Kalispell Area Comprehensive
Plan pertaining to the area presently designated as Industrial use
in tlie Central Businesss District, and;
3. The.optimum land use.for.said property of Burlington Northern, Inc.,,_.
based upon size, location, accessibility, need and compatibility
with adjoining developments, is now "Commercial" within the meaning
of that use category as applied by said Land Use Plan. This is due
to the size of the tract involved, its location and accessibility'..
to other "Commercial" and "Industrial" areas of the City of Kalispell ".
and the.need of the City of Kalispell for an expanded commercial
area because of its continued development as a large local and regional.
retail center,. and,
4.. Nothing incompatible to uses allowed in areas adjoining said tract
has been found to be reasonably foreseeable, should said tract be
designated as "Commercial!' instead of "Industrial", and,
5. Should said tract be developed as "Commercial", the .economic base.,..
of the City of Kalispell will be enhanced by development of retail
,and tourist oriented businesses within the City in an area that is
otherwise proving ,to be dormant as a developing area. Further, such
development would contribute toward the revitalization of the entire -
City of Kalispell, as well as the downtown area, enhance the economic
base and thus increase jobs for the entire Planning Area. New com-
mercial development its an area now occupied by 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 are
presently vacr ant or underused will be encouraged to develop as
planned;
7. Current uses in the tract are 40% commercial and increasing, where-
as current industrial uses therein are. decreasing;
8. Publicexpressions have been favorable to the amendment of and the
reclassification of the Burlington Northern, Inc., tract involved
herein from "lndustria:l" to "Commercial";
9. It is in the best interests of the City of Kalispell as a whole that
the tract involved -herein jdevelop.in "Commercial" uses and there
appears -to be no significant adverse impacts demonstrated to occur
to existing city services and facilities by such development.
NOW, THEREFORE; BE IT RESOLVED:, that the Kalispell, City -County Planning Board
recommends to the Mayor and City. Council ..of the. City o£,Kalispell and to the "
Board of County Commissioners o£ Flathead'County,:that the land Use Plan portion
of the Comprehensive, :Plan of the, Kalispell.C:xty--County Planning Area adopted
in 1974 and thereafter_.from'time,to time.amended, be further amended as follows:
Figure ITI-1, page 111-9, Chapter 3, thereof, be amended to change the �m51..'
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.
Passed by affirmative vote of seven (7) members ofth Kalispell City -County
.,:_Planning Board this.8th day of March, 1983. / 1
Ed Tripp ffPresident
Kalispel City -County Planning
Board
FLATHEAD.REGIONAL DEVELOPMENT OFFICE
PLAN AMENDMENT REPORT NO. KPA-83-001
.A. BASIS FOR CONSIDERATION:
Glacier Park Company, a subsidiary of Burlington Northern-, Inc., has made
an application to amend the Kalispell Area Comprehensive Plan. The request
involves.redesignation of land use classifications for the Burlington
Northern. Railroad Right -of -Way between Fifth Avenue West and Third Avenue
East from "Industrial" to "Commercial". The legal description and map
of the area are attached. Primary reasons for seeking the plan amendment,
as stated in the application, include: (i) developing the area to its
highest and best use, (ii) reduction in rail traffic through Kalispell,
(iii) improve a generally blighted area and, (iv) enhance the retail economic
base of the community.
B. EVALUATION OF -THE APPLICATION:
The submitted application is reviewed and evaluated in terms of (a) need
for change, (b) optimum land usage, (c) anticipated impacts, (d) effects
an community wide land usage, (e) effects on current usage of the site
and, (f) effects on services.
a.. Need for Change:
The Comprehensive Plan is intended to guide community development
and growth over a period of 20 years or so and should be period-
ically reviewed to make necessary adjustments for unforeseen trends
and developments.
The Kalispell Comprehensive Plan, prepared in 1974, conceived the
Burlington Northern Railroad and its vicinity through the downtown
area as an optimum location for industrial usage. This was considered
so because of the historical development of the area and the strong
dependency of industry or railroad for transportation. However,
during the last decade or so, the locational criteria for industrial
development has radically changed. Industrial developments are now
preferred to be located on the outskirts of the community or in
suburbs rather than in the Central Business District because of
the following reasons:
(i) Changing `dependency of industry from railroad to trucking
for transportation of goods. The trucking industry in turn
depends on the highway system, which generally is located
in the outer areas of the community.
(ii) The traffic conditions in the city core area are generally
crowded and, therefore, the traffic is slow. Further, there
is considerable vehicular -pedestrian traffic conflicts. Slow
and congested traffic conditions are.,not.favorable for industry.
` 52.
(iii) Industry requires large tracts of land to have provisions
for future expansion. Such tracts are usually available only
in the outer areas of the community or in suburban locations.
On the other hand, existing industries and warehousing in the
downtown area are on small tracts which offer no room for
expansion..
(iv) The land values and taxation in the'city core area are signi-
ficantly higher, than in suburban locations which discourage
new industries from .locating in the core area and encourage
existing industries to relocate in outer areas.
(v) Industry is generally non -compatible with other land uses
which exist in the city core areas, primarily because of its
generally being associated with such environmental problems
as traffic, noise, gases and blight. Because of it, pressure
usually builds up on industry to move out of the city core
areas and municipal governments are discouraging new industries
from locating.in the city Core.
Because of the changing trends, the railroad traffic through
the Kalispell core area has been continuously declining. Coll
,sequently, the Burlington Northern. Railroad has recently
announced its plans to eliminate most of the rail tracks through
the downtown area which will vacate considerable area readily
available for development. These factors and changing trends
in industrial location criteria warrant a re-evaluation of
the portion of the Kalispell Area Comprehensive Plan pertaining
to the area presently designated as Industrial use in the
Central Business District.
b. Optimum Land Usage:
Having determined that Industrial land use designations of the subjec-l'
area is no longer appropriate, an optimum land usage for .this area
should be established taking into consideration size, location,
accessibility, need and compatibility with adjoining developments.
The Glacier Park Company is'requesting a Commercial designation
for this area,. which is evaluated,on the basis of these conditions:
(i} Size: The subject property encompasses an area of approxi
mately 30 acres. It is .of adequate size to have a major com-
mercial development of the -kind of a shopping mall, convention
facility or a combination of both. Previous analysis by the
Planning office indicates the need for such development in the,.
Kalispell area.
(ii) Location: The area is located within the City and is in the
vicinity of the intersection of U.S. Highway #2 and U.S. High-
way #93 passing through the City: Being located in the heart of
the Kalispell:Central Business District, the most logical.
choice for its land usage is "Commercial".
-2-
(III) Accessibility:, The area commands strategic inter -city and
intra-city accessibility, as it adjoins Main Street, Fifth
Avenue West, Third Avenue East and Center Street. Such access-
ibility makes!it particularly.suitabie for such development
as a shopping mall, convention center or civic center -intended .
to serve both localiand regional population.
(iv) Need: Kalispell serves as.a retail center for a considerably
large region.:However, the community is found lacking in terms
of large commercial tracks suitably located to be developed'
as a shopping center. The Commercial land use designation
for this area:should contribute towards meeting this end.
(v) Compatibility: The area`�adljoins industrial and commercial
1�nd._uses and, therefore,. its Commercial"designation will
�,. be=-c,ompatible with aidjoining land uses.
53.
. F
The change of land.use designation from Industrial to Commercial
for the subject area is anticipated to result.in.the following impacts
on the community:
(i) It should contribute towards enhancement of the economic base
of Kalispell which is primarily retail business and tourism.
(ii) It would further contribute towards revitalization of the
i Kalispell Redevelopment Area.
d
1
(iii) It would result in elimination of a partially blighted area.
(iv) It would increase employment opportunities in the community.
(v) Anticipated mall type developments on the site would provide
the desired anchor and landmark in the downtown area.
(vi) It would enhance the aesthetic values and urbanscape of the
city core area.
(vii) It would curtail some truck traffic in the downtown area,
but otherwise increase the overall traffic in the area.
(viii)The primary access to the development on this site shall be
from Center Street, which may require improvement and widen-
ing of that street to accommodate increased traffic.
(ix) It may result in the need for increasing industrial land use
elsewhere to accommodate industrial and warehousing uses that
will be replaced from the site because of the proposed changes
in its land use designation.
d. Effect on Community -Wide .Land Usage_:
The application is further evaluated in terms of quantitative distri-
-3-
bution of various types of land uses in the Comprehensive Plan and
the effect of the proposed change on such distribution. The two
land use categories that will be effected are Commercial and Industrial.
Presently, 1,010 acres of the total 11,140 acres of proposed urban-
ized area in the Comprehensive Plan are designated as Commercial.
This formulates approximately 9% of the urban area. This is con-
siderably high in comparison to an average city which has approxi-
mately 5% of its total area as Commercial.
The requested plan amendment will further increase this category
by 30 acres, raising the commercial use percentage to approximately
9.2%. Since the adoption of the plan in 1976, the total urbanized
area has increased by 15%, while the commercial acreage has risen
by 33.4%. The further change of -areas to commercial use should be
generally restrained to overcome the existing excessive Commercial
designation in the Comprehensive Plan. However, the nature of the
subject area is such that it is not much suited for non-commercial
development. Further, the area of the tract.is not large enough
to make any significant effect.
The percentages of Industrial designated areas in the Comprehensive
Plan is 9`1, of the total proposed urbanized area. This is an increase
of 20% over Industrial designated areas in the original Comprehensive
Plan adopted in 1974. The requested redesignation of the tract would
decrease the acreage in this category by 30 acres. Presently, Kal--
ispell and its vicinity has sizable Industrial designated.areas
which are either vacant or'are being underused. Therefore, reduction
of 30 acres in this category should not have any significant adverse
effect.
e:' Zmpact:on Current Uses on the Site: The subject area presently has
a total of 33 establishments of which 20 are industrial and the
remainder are commercial. In other words, 40% of the subject area
is commercial and 60% industrial. However, the industrial use of
the area is declining due to the factors delineated earlier. The
proposed.reduction in the number of railroad tracks would further
contribute to reduction in industrial uses in the area.
Although the majority of the existing uses in the subject area are
industrial and will b"e in non-conformance with the Comprehensive
Plan.,, if the requested amendment- to'the Phan is granted. However,
the applicant has hd cate.d,that the majority.of,the existing uses
on
Che site'shall be removed to.mak:e room.for a shopping'ma11 or
convention center.`Ths.means that the majority of the use's which
will become no.n�comforming with the proposed amendment would not
be :i-n existence..
f'. Effects on Services: Any development on the subject property shall
be required to meet the "Public Work.s.;Standards", of the City of
Kalispell. These Standards include water, sewer, streets and fire
prokctkan.'These Standards are to. be met prior to the issuance
of .the building permit.. The cost of improving municipal services
to':meet the required Standards are.tq be met by the developer. These
Standards. vary with the type of land use and the Standards for "Com-
mercial" are either. the same or less restrictive than for. "Industrial"
use.
C. FINDINGS AND RECOMMENDATION:
The requested amendment is,.deemed to be compatible with land use.designa-
tions adjacent to,the subject area, will further enhance the development of the city core and is:in the interest'of.'the community.
It is, therefore, recommended that Figure III-1, Page 111-9, Chapter 3
of; the Comprehensive Plan for.the Kalispell Planning Area be amended.to
change the land use designation.from "Industrial" to "Commercial" for
the Burlington Northern Railroad Right -of -Way between Fifth Avenue West
and. Third Avenue East in Kalispell.
The ,following letiej�s were. read by Councilman.er:
7-. 711
q -
---
1., 'q
n,� ,:
55.
3
231A Main Street.,
Kalispell, MT 59901
June 13, 1983
RELATIVE TO
the City Council meeting, scheduled for June 20th,
I would like to urge the Council to promptly pass.
the proposed amendment of Ordinance No.- 933 as
outlined.
5i c yours, ?
y
Gene P . Lof er
To whom it may concern.,
I ain writing in c.tT;ianr t:. o-f tlFie proposed ch,a,nge in Ordinance 9=3
which would amend the downtown redevelopment opment plan.
I have studied thc-s plan, talked personally w:i'ti•i DKI represenatives
and am �f1{:L3ilP'i',ged by 'their efforts to Greate a unique sand
pleasing mall at the Proposed e i-tre,.
I urge yos.a to amend they wording of -the 0rc:i:R nt to a1. 1 crw this
pr niece to proc:(7:2ed rapidly.
A shopping sand c:ca.nmercia:i c:cen er E-m_sc h a-_i this will enhance the
downtown ztrez-x in ways that K1, ca"li'}t'Yl=tt. E-:�4Ren ifRag:a.ne at moment. 1
further applaud it bacause it {: orn!a not enr_cur-age— suburban
spr iwl —witness what has happened in M:i ,soul a.
Please amend Cjri;'lin,:;Lnce 9:33 to provide %.he proper wording t-o allow
this prt:j()f_-t -to bec— me a real i ty R t4 must not this
opportunJ.ty.
thanly; you -fn,r tf-rtr chance to ..or%n►E?nt
Ci^ateeful.l.y,
Michael J . Ober
Michael 7. Ober
696 North Main
t� al i sp(e.1. 1. , Montana
M
CITY `
The purpose ,of this letter is to . endorse a3nd . support said
amendmen, t
without equivocation. 57..
1
Thank you for the opportunity to express my opinion regarding this
rr. at to .
Yours.truly,
MURRAY; UFMAN, VID & GORDON, P.C.
Marshall .Murray
MMJdjh
p� 'CITE`
THE CITY OF KALISPELL MONTANA
POLICE DEPARTMENT
MARTIN D. STEFANIC
KALISPELL, MONTANA 59901 Chief of Police
PHONE 406-755-2121 DONALD F. HELLMAN
June 20, 1983 Asst. Chief of police
Honorable Norbert x . Donahue
.144--Gres tline.
Kalispell, Montana
NORTHERNViL1NGT4N NOR�RN MALL
PROPOSAL -
Dear Norb
This letter will verify formally to you that : the
Kalispell. Police Department will be able to provide effective -
police services to the Burlington Northern Mall as presently,
proposed. While I obviously anticipate a modicum of miscell—
aneous related.police service need I don*t anticipate that
this would be excessive.
As I stated before, I do have concern over traffic
patterns which will certainly be effected by .ingress and
egress but we can discuss these as the -proposal becomes more
concrete.
Let me say I am most pleased to be be able to
work with.you on this matter.
}
MDSfpr
58.
PROPONENTS
Mr. Hartman, representing Glacier Park Company Land and Real EstaterDevelopment,
addressed the Council as a proponent. He stated that they began the process last year
to amend the Downtown Redevelopment Plan. Favor and approval came from the FRDO and
Flathead County Commissioners. A display of the tentative project was shown. The area
contains 200,000 sq. ft. and extends 3rd Avenue East to 5th Avenue West and from the
north railroad track to Center Street. The project is a proposed mall with three major
tenants, numerous small shops, twin cinema and 1000 park-Ing spaces. They are not
positive of tenants until all hurdles are accomplished. It will be designed to lessen
traffic, train switching, will comply with the UBC which they do not now, and will
improve health and safety conditions. Mr. Hartman predicts a 2000% increase in tax
base just on the land. It will eliminate a blighted area, be consistent with the
goals of the Redevelopment Plan, which has already received awards for past accomplish-
ments, improve the value of adjoining properties, reduce.noise, promote the Central
Business District and be within two blocks of two senior citizen complexes making
foot traffic easily available.
Mr. Hartman introduced Clete Daley, who is updating a traffic study and Larry Gallagher
who will assist in relocation of businesses if the project is approved.
Stebbins Dean, Executive Vice President of the Kalispell Chamber of Commerce, represent-
ing 450 businesses in and around Kalispell, stated that the Chamber fully supports the
project and feels it will enhance Kalispell, the retail center of Northwest Montana.
Gerald L. Stokes, 1026 1st Avenue East,'stated his support as a resident of the area
included in the Redevelopment Area. He stated that he wished to support the proposed
amendment to.allow for efficient, effective and compatible mall type, commercial and
civic redevelopment of the BN Right-of-way. He urged that in affecting the proposed
redevelopment, the City Council, FRDO, City -County Planning Board and Developers ensure
such redevelopment is sensitive to maintaining the character of the low density single
family neighborhoods within the area. It should also ensure that any modificatfon,:in
the downtown transportation system does not alter the core area internal traffic
circulation to the detriment of the residential, areas along First Avenues East and West.
Of parti6ular concern to residents along these streets is the possibility that redev-
elopment of the BN property will result in First Avenues,East and West becoming through
streets to Idaho as was proposed in the original redevelopment plan in 1979 and which
was strongly opposed by the neighborhood residents. Nr. Stokes called to attention two
statements on page 11 of the Redevelopment flan which states: 1) First Avenue West
and First Avenue East will provide for internal circulation and 2) retention of the
low density residential character of the area is a formost objective of this plan.. To
reconfirm the commitment to those directional statemnts, Mr. Stokes recommended the
amendment on page 9 of Ordinance No. 933 read as follows: "To provide for mall type,
commercial and civic redevelopment of the BN Right -of --way in a manner to compl went
surrounding°"Commerdlail", "Industrial -Commercial" and "Low Density Residential" areas.
Harry Henricksen, 926 2nd Ave. East, asked if the project would affect ,his property. Mr.
Hartman replied that it would not - only the area already described. Ed Gallagher,
Community Development Director, explained that to amend the plan requires every property
owner within the redevelopment area to be notified by mail and this is the reason he
received notice. Theme are 1050 property owners in the area.
Clete Daley reported he has talked to the Highway Department. The present traffic
count on Main Street is 18000 per day. There will be an arterial system around the.
facility, and.a large majority will be foot traffic using the present downtown parking.
The Highway Department believes it can be handled, but has not given the official word
as yet.
The following letter was read:
M� Glacier.Park company
LAND AND REAL ESTATE DEVELOPMENT
A SUBSIDIARY OF OUPILINGTON NORTHERN 1N10.
June 20, 1983.
Mr'. Charles C. bite
President and General t4 nager
Kalispell Feed -.and Grain
320. YViest Center Street
Kalispell, _ Montana, 59901
Dear .Chuck.
As per previous discussions we have had over the last few weeks, and as
was noted at the County Commission hearing on the Comprehensive Plan
amendment, if our proposed project-, comes .to fruition, we shall make
every attempt to provide relocation assistance to those tenants in the
proposed project .area. As you are aware, there are several steps
I that need to be completed before a final determination is made to go
forward with the project.
i will keep you advised as the project progresses. Please do not
hesitate to call should questions arise..
Very truly yours,
l�e'l R. ri rtmaCi
Haager - Develop rent
NRH:pj
There were no further proponents.
Mayor McDowell asked for opponents. There were none.
Mayor McDowell opened the hearing to discussion by the Council.
Councilman Zauner asked about switching west of 5th Avenue West to Meridian. Mr.
Hartman replied that there would be some as they have one, customer west of 5th
and that is Equity Supply Co. They will continue to serve them. 'Three sets of
tracks will be eliminated and only the north track will remain. There will be no
access to.the area from the north. They cannot afford to give up parking -to -put in
a street on the north. There will be just a 25' right-of-way for.the one remain-
ing track.
Councilman O'Boyle asked if there will be a fence along the north from 5th Avenue
West to Main and was told there would. be. O'Boyle then voiced a serious concern
about fire protection for Equity Supply Co. which covers one•block between lsVand
hd:Avenues W. N. Wands prevail from the south and a 25' right-of-way is not
enough for;;_fire protection. The fence in that area should have rollers to allow
room to fight a fireand there should be several fire hydrants installed along the
north side of -the area. Mr. Hartman replied that the Mayor and Fire Chief discussed
this and assured them that there is adequate room for fire protection.
Question asked concerning widening Center Street. The Highway Department has not
answered this, but if it is necessary, Glacier Park Company will stand the expense.
Larry Gallagher added t1gat if additional street area is -needed it will be done. The
area will be free flowing and accessible. The City may be.asked to participate with
tax increment off-wite improvements. It is part of the redevelopment plan and the
.door should be left open�for city participation.
Councilman O'Boyle asked if there would be a crossing on 3rd: Avenue W..N: and was
told there.would be none.
There will:be no walk-in traffic from the north.
60.
Councilman Nystul asked if it will.be necessary to install a traffic light at 5th
Ave. West and Center. Mr. Daley replied that the first signal will be at Mails &
Center. It will be 300' from here to the main entrance. There will be minor ent-
rances at every block off.Center. ..If;traffic signals are needed anywhere'it will
be worked out with.the Highway Department.
Councilman. O'._Boyl.e. ,asked if they would -continue the Loop around the old depot.
wt-off Main :street. " This has_:=been ,:eliminated` -by FRDO.
es
.Councilman Zauner voiced concern about a difference in traffic at 5th Avenue West
when school'is in.'..sess.ion. Mr. Daley stated that the traffic count on 5th Avenue
West is 60o0-8000.and about 18.,000 on Main Street-at.all times. Peak traffic time
is between 12:00 P,. M. and 1:30 P. M.
Councilman Savexud asked City Attorney Neier to read;the proposed ordinance to amend.-.....
the Downtown Redevelopment Plan.
ORDINANCE NO.
AN ORDINANCE TO AMEND ORDINANCE NO. 933, (KALISPELL DOWNTOWN REDE-
VELOPMENT PLAN), TO CHANGE.THE REDEVELOPMENT OBJECTIVES AND DESIGN
CONCEPTS THEREOF TO INCLUDE MALL -TYPE, COMMERCIAL AND CIVIC DEVE-
LOPMENT AND OTHER RELATED USES ON EXISTING BURLINGTON NORTHERN RIGHT-
OF-WAY, WITHIN REDEVELOPMENT AREA BETWEEN THIRD .AVENUE EAST AND FIFTH
AVENUE WEST-ANb NORTH OF CENTER STREET, AND FURTHER, TO AMEND PERTI-
NENT MAPS ACCORDINGLY, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of -Kalispell did adopt Ordinance No-. 933,
"Kalispell Downtown Redevelopment Plan" on September 10, 1979; and
WHEREAS, said Kalispell`Downtown Redevelopment Plan was intended
to guide community development and growth in a. downtown development
area of the City of Kalispell for a period .of in excess of twenty
Yeats; and said Ordinance No., 933 provides for a procedure for amend-
ment thereof as -needed; and
WHEREAS, the Glacier 'Park C6mpany, a subsidiary of the Burlington
Northern, Incorporated, did on January 26, 1983, request a Kalispell.
Redevelopment'Plan amendment upon the property and within right-of-
way of said Burlington Northern, Inc., bounded.by Fifth Avenue West,
and Third Avenue East, North''of Ce'nter.Street to permit retail, com-
mercial and business development within said area, which, under the
Kalispell Downtown Redevelopment Plan, was designated for "Industrial"
development only; and
WHEREAS, said request was. -referred to the.Kalispell City -County
Planning Board for review and recommendation in accord with Section
7--15-4213,, M.C.A.; and on'March 10, 1983, the Kalispell City -County
Planning Board did submit ta:the City Council of the City of Kalispell
the results of its review of ,the'proposed amendments and its recom-
mendations for amendment to the Kalispell Downtown Redevelopment Plan;
and
61
WHEREAS, on May 20, 1983, the Kalispell City Council did, in a
Special Meeting, authorize the Kalispell City Clerk -Treasurer to pub-
lish Notice of a Public Hearing to be held June 20, 1983 by the City
Council concerning the proposed amendment to the Kalispell Downtown
Redevelopment Plan, and to mail Notice of said Public Hearing to all
persons who names appeared on the Flathead County Treasurer's tax
rolls as the owners or reputed owners of all property within the area
of the Kalispell Downtown Redevelopment Plan as designated in said
Ordinance No. 933.
WHEREAS, the said Kalispell City Clerk -Treasurer did properly
publish and give written notice of said Public Hearing, pursuant to
Section 7-15-4215, M.C.A.; and
WHEREAS, on June 20, 1983, the City Council. of the City of Kal-
ispell did hold a Public Hearing on the proposed amendment to the
Kalispell Downtown Redevelopment Plan (Ordinance No. 933); and .
WHEREAS, at said.hearing the City Council of the City of Kalispell
chid review and consider the Report of the Flathead Regional Development
Office, {KRDA-83-A); and the Resolution of the Kalispell City -County
Planning Board (KPA-82.004), passed by said City -County Planning Board
on the 8th day of March, 1983; and written comments submitted by in-
terested persons to the City .of Kalispell City Clerk -Treasurer prior
to the commencement of hearing; and statements both written and oral
made by persons attending said hearing with regard to the proposed
amendment to the Kalispell Downtown Redevelopment Plan; and comments
of various City officers and employees; and
WHEREAS, after consideration of the above referenced reports,
recommendations and statements, the City Council of the City of Kal-
ispell finds it both desirable and necessary to alter and amend the
Kalispell Downtown Redevelopment Plan (Ordinance No. 933) in order
to accommodate the long range concepts and long term community wade
benefit which will accrue by implementation of the Plan in the best
interests of the future of the City and its inhabitants.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT-Y-
OF KALISPELL AS FOLLOWS:
SECTION I. Ordinance No. 933, "Kalispell Downtown Redevelopment
Plan" is hereby amended as follows:
A) The Section entitled "Redevelopment Objectives"
on page 9 of Exhibit "A", ordinance No. 933, be
amended to include the following statement:
"To provide for mall -type, commercial and
civic redevelopment of the Burlington
Northern Right-of-way in a manner to com-
pliment surrounding Commercial,.Industrial-
'Commercial and Residential areas,"
and to delete the.following statement:
"To provide for the development of an urban,
light -industrial park by recognizing the need
.and planning for a functional and highly or-
ganized area along the railroad right-of-way,
rather than in other commercial areas."
and the remainder of'the "Redevelopment objectives"
Section shall remain unchanged.
B) The Section entitled "Design Concept", page 10,
Exhibit "A" of. Ordinance No. 933 be amended by adding
thereto:
."#9. Special Anchor Area.:Mall-Type Commercial
Area to provide for the development -of commercial
civic and other related uses in a mall -type feature."
C). Amend the Map Exhibit "Design Concepts", page 10
of"Exhibit "A" of Ordinance No. 933 as follows:
i)' Amend the designation of that portion of
Burlington Northern Railroad Right--of"way
between Fifth Avenue West and 'Main Street and
North of Center Street from an Area 5 (Indus-
trial -Commercial) to an Area"9 (Special Anchor
Area) .
ii) Amend the designation of that portion of
the Burlington Northern Railroad Right-of-way
between Main Street and Third Avenue East and
North of Center Street from an Area 5 (Indus-
trial -Commercial) to.an Area 6 (Community
Business):
iii) To amend the legend.by adding "#9 Special
Anchor Area".
D) That the Section entitled""THE CORE AREA - YEAR 2000",
on page.11, Exhibit "A",. Ordinance No. 933, is amended
to read in the third paragraph as follows:
"An"OrnamentalPark just north of the Core will
provide an interesting and aesthetic entry into
the Core Area. The -central axis of the Core
will feature an improved Main Street with land-
scaped, extended pedestrian concourses along
either "side. In addition, traffic -free zones
are planned. This would be accomplished by
the creation of four two-block.superblocks
composed of'the eight existing blocks bounded
by Center:.and Fourth Streets and by First
Avenue East and West.- As the sup.erblocks
develop, they will be accompanied by overhead
walkways and will .feature attractive plantings
and surface materials, areas for product dis-
play and fashion shows, tourist, advertising,
and information booths, and 'so on. The need
for off-street parking accompanying superblock
development cannot be overemphasized."
I
E) TheSectionentitled"REDEVELOPED KALISPELL -
YEAR 2000, Page 11, of Exhibit "A", Ordinance No. 933
is amended as follows:
i) The subsection entitled "INDUSTRIAL-COM--
MERCIAL AREA" shall be amended as follows:
"INDUSTRIAL -COMMERCIAL AREA"
"Increased retailing in the Core Area will require
increased warehousing and light --industrial type
activity. The area comprising the Burlington
Northern Railroad Right--of-way, west. o,f Fifth
Avenue West is a prime area for an urban; light -
industrial park. A highly organied light -
industrial park will show significant improvements
in traffic movement, convenience through con-
centration of activity, and aesthetics."
ii) There shall be added a new subsection entitled
"SPECIAL ANCHOR AREA" which shall read as follows:
"SPECIAL ANCHOR AREA"
"Mall -type Development Area. To provide for the
development of a commercial area allowing a mall -
type theme in the area presently occupied by the
railroad yards immediately and adjacent to the
C.B.-D. and Core Area. The railroad portion of
this.area East of Main Street could also -be re-
developed as a local government office complex
if appropriate land transfers can be arranged
F) That the Map Exhibits on Page 13, of Exhibit "A",
'Ordinance No. 933, be amended as follows:
i) By deleting therefrom references to "Future
Park Extension", and by deleting the "loop.:road"
connecting Main Street and First Avenue West, and
by deleting the "New Park.- Town Square".from-the
legend contained in the maps.
ii) By adding to the legend contained in the
..map entitled "Proposed Land Use' a.designation
"Special Anchor Area" with appropriate signing,
iii) By designating the Burlington Northern Rail -
...'.road. Right--of--way Area East of Fifth Avenue West
and West of Third Avenue East and North of Cen-
ter Street as "Special Anchor Area" -in accor
dance with the legend.
SECTION II. All other parts and portions of the Ordinance No.
933, Kalispell Downtown Redevelopment Plan, not herein amended or
repealed remain the same.
- SECTION III. This Ordinance shall be effective thirty-(30) days
from and after the date of its final passage by the City Council and
approval by the Mayor.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND
APPROVED BY THE MAYOR THIS DAY OF , 1983.
LeRoy E. McDowell, Mayor
64.
ORDINANCE #1032
Councilman. Saverud moved first reading of Ordinance #1032 an ordinance to amend
Ordinance No. 933, (Kalispell Downtown Redevelopment Plan), to change the
Redevelopment Objectives and Desiga;concepts thereof to.include mall -type,
commercial and civic development and other related uses on existing Burlington
Northern Right''of;way, within Redevelopment Area between. Third Avenue East and
Fifth Avenue West and North of Center Street, and further, to amend pertinent
maps accordingly, and to provide an.effective date. Seconded by Councilman
Grainger.
Councilman Ruiz asked how much industrial area does the City have. Mr. Verma
replied that we have only what is parallel to the railroad and some area by
Highway #93 south of the City.
Question concerning different land uses. Director of Public Works Haffexman
answered that all construction will be designed and built to city standards.
Councilman Saverad added that it does fall within the Redevelopment Area and the
Council has on -going jurisdiction. Mr. Stokes stated that he would re -assert
his request to add under Section I', A) Presidential areas"
Councilman Saverud moved to amend Section I, under AO to-iridlude "residential.
_'area".Palmer.
Councilman Ruiz asked if it was necessary to have an Environmental Impact Study.
Mr. Hartman stated that they are awaiting final report.from the Highway Depart-
ment before deciding. Larry Gallagher stated that when the City asks for a
grant, a study may be required. If it is required, an environmental review and
assessment will be conducted in --house. Ed Gallagher stated that we have a
statement which will be inclt!.�_,in'the application and this area is covered in
the application.
Councilman Ruiz stated that the APO listed many requirements when the area north
of the City was being considered as a mall site. Why are these things not
required now? Councilman Grainger replied that the conditions are not the same.
This area is inside the City, already has services, the Council has an on -going
overview with building requirements and an architectural review board.
Councilman. Ruiz stated that he was for the former proposed mall and asked where
were the people tonight who spoke against the other mall site. They said let
Developers Diversified look for another location, changing the land use does not
guarantee a mall, Council should enact an ordinance;for a PUD, may be the most
important decision -you will ever have to make, city residents will pay the bill
for fire and police protection, you will have a commercial zone with no control,
and many other objections. Councilman Grainger stated that he voted against.the
former mall.propasAl`because we did not have a PUD ordinance.
Councilman Saverud stated we have done everything legal. City Attorney Neier and
former City Attorney Donahue have checked carefully and written this ordinance;
City Attorney Neier stated that he has followed the statute precisely.
Question called on motion for the amendment. Motion carried.
Question called for motion for first reading of Ordinance #1032. Roll call vote.
All voted aye.;
Mayor McDowell declared public hearing closed.
PUBLIC HEARING - BNRR Zone Change Request
Acting City -Clerk Treasurer Giermann read the affidavit of mailing and"publishing
notice;
65.
STATE .OF MONTANA )'
ss
County of Flathead )
I, Marjorie Gie.rmann, being,first duly,;sworn depose:.and.-say:
1) That I am the duly acting City Clerk -Treasurer of the City.
of Kalispell; Montana.
2) That pursuant to Section 6.13 of the "City of Kalispell
Zoning Ordinance", Ordinance No- 885, and also pursuant to Ordinance
No. 961, 1 caused to be published in the Daily inter Lake, a daily
newspaper published in Kalispell, Montana, on the 2nd day_ of June,
1983`, the attached "Notice of Public Hearing, Propo-sed Amendment to
City of Kalispell Zoning Ordinance, Ordinance No. 9-61, relative to
the application of the Glacier Park Company, a subsidiary of the
Burlington Northern, Inc., to amend the City of Kalispell's Zoning
Ordinance. Also, on June 2, 1983, I deposited in the U.S.'Mail, at
Kalispell, Montana, postage prepaid, a true written copy of said
"Notice of Public Hearing" addressed to those persons, corporations,
partnerships, associations and entities as set forth in Exhibit "A";
attached hereto and thereby made a part hereof.
Said persons, corporations, partnerships, associations and entities
are all of the property owners either of the area of .the lots in-
cluded in said proposed change, or those immediately adjacent in the
rear thereof extending 150' therefrom, or of those adjacent on either
side.thcreof within the same block, or those directly opposite there-
of extending 150' from the street frontage of such opposite lots.
Said property owners are entitled to said notice pursuant to Section
6.13 of the "City, of Kalispell Zoning Ordinance'.'.
Councilman Palmer moved that the affidavit be entered into the record: Seconded by
Councilman Saverud.` Motion carried.
Councilman Palmer -introduced the letter from Mr. Haxtman to PRDO, dated Dec. 13, 1982
requesting a zone change as follows:
Glacier Park Company
LAND AND REAL ESTATE DEVELOPMENT
A SUBSIDIARY OF BURLINGTON NORTHERN INC.
December 13, 1982
RECENED
FLATHEADS REGIONAL
qq,%q Q MrLNT Q�rlCc .
Nakul S. llerma
Planning Director
Flathead:Regional Development Office
723 Fifth Avenue East (Room 414)
Kalispell, Montana 59901
Dear Mr,, Verma:
In accordance with the policies established by the Flathead Regional
Development Office, this letter shall represent an application -to amend the
Comprehensive Plan'as established by the Kalispell City -County Planning Board,
acting as the Zoning Commission.
This application includes: .
1. The general and Legal description of the area for.which•�he amendment
is sought.
5
2. The present land use classification is "LM": The proposed
classification would be C-3.
3.. Reasons and justifications forthe proposed -change are varied, The
'area falls within :the Kalispell downtown development plan, furthering the
interests of the county and community to...up-grade downtown properties.
Creation . of hi ghe.�, ..Aftd best use of the :.site provides more tax revenue and
increased employm _t.::for the citizens of the area,.
V1.1
1
Dear. Mr. Verma: - 67.
In accordance with our discussion in your office on Wednesday
..January 191,.1983,.Gldcier Park Company hereby requests that we'
amend our application to amend the Comprehensive -Plan, the:
Zoning, and .the Urban Redevelopment Plan as statedAt my letter
of December 13, 1982. We wish to include that area bouhded•by
3rd Avenue Fast and Main Street lying northerly of .Center Street.
In accordance with the policies established -by the Flathead
Regional Development Office, we are including title report,
legal description, and list of the property owners owning
property within 150 feet of the site and their correct mailing",
address.
We .will have delivered to you, under separate cover, the registered
survey of the site.
We wish this property to be zoned C3 as well as the property .,
indicated on the..previous application.
Should you require any additional information, please do not
hesitate to contact me. It is our understanding that the amend-
ments and zoning changes will be addressed at -the March meeting
of the County .Area Planning Board.
Very truly yo rs,.
Nei R. Hartman
Manager - Development
NRH:cr .
Encls,
cc: Mayor McDowell
1111 Th1rd. Avenue Seattle, Washington 98101 [200 625-s3o0
I
Councilzrian Palmer, introduced the letter from FRUD dated.. March 1.0,.. 1983
and the 12.Find n.gs of Fact and recommendation as follows:'
69.
i.� FLATHEAD REGIONAL DEVELOPMENT OFFICE
ZONING CHANGE REPORT #KZ-82-009
GLACIER PARK COMPANY'(B.,N.)
A report for the Kalispell -City Zoning Commission meeting, March 8, 1983, for
a amendment to the Of£iciat Zoning Map of the City of Kalispell.
A. DESCRIPTION OF REQUEST:
Glacier Park Company has filed a petition for a change .of zoning for its.
property from LM (Light Industrial) and CLM (Industrial -Commercial), to
C-3 (Central -Business). Said property is located in the South k of the
South k of Section 7, T28N, R21W, P.M.M., Flathead County, Montana. More
specifically located as the Burlington Northern Railroad Right -of -Way,
North of Center Street between Fifth Avenue West and Third Avenue East,.
Kalispell.
Note: One area of the present Right -of -Way (the Loading Dock), is pre-
sently zoned C-3.
B. BASIS FOR REQUEST:
The petitioner, in his application, has stated that the'reduced rail traffic,
under utilization of property, partially blighted areas, and need for ex-
panded retail within the redevelopment area as the reasons for seeking
the zone change. The area has been gradually undergoing a change from
light manufacturing, industrial and warehousing to retail commercial.
It is further stated in the application that marketing studies have shown
a need to retain the retail dollars in the City rather than loosing it
to outside areas.
These properties presently adjoin C-1 (General Commercial), C-2 (Community
Business), C--3 (Central Business), PL--1 (Public Lands and'Institutional),
LM.(Light Manufacturing) and CLM (Industrial -Commercial) zones of the
Redevelopment Area Ordinance, and B-4 (Community Business), I-1 (Light
Industrial) and RA-2 (Residential - Apartment),.zones of the City Zoning.
Ordinance.
... EVALUATION OF THE RE UEST:
The application is reviewed with respect to the statutory criteria and
the following comments are made:
1, IS THE REQUESTED ZONE IN ACCORDANCE WITH THE COMPREHENSIVE PLAN?
In conjunction with this zoning change application, the petitioner
has applied for amendments to the Comprehensive Development Plan
for the Kalispell planning area, and the Kalispell Downtown Rede-
velopment Plan which are being evaluated in conjunction with this
zone change request. The F.R.D.O. recommendations call for amending
the land use designations from Industrial to Commercial in this
area. If approved by the appropriate governing bodies, this request
would be in accordance with the Comprehensive Plan as amended.
2. _ I5 THE REQUESTED ZONE DESIGNED TO REDUCE CONGESTION IN THE STREETS?
The traffic volumes in the area at present are high, projected traffic
volumes in the year 2000 are twice the present volume. This requested
zone change would take advantage of these volumes in terms of clientele
for commercial redevelopment uses. The zoning change may result
in a change in the type of traffic, the potential commmercial use
could reduce the amount of truck traffic resulting from industrial
type uses.
3. WILL THE REQUESTED ZONE SECURE SAFETY FROM FIRE, PANIC AND OTHER
DANGERS?
The requested zone, if granted, would create a number of non -conforming
uses. Included among these are several bulk petroleum facilities..
If these uses are to remain (which is permitted under the zone),
the potential dangers of mixed land uses would increase. However,
if these us -es are to be relocated out of the requested area,, the
safety of.' -.the area would increase significantly. In addition, the
potential'iedevelopment of the area would remove some unsafe and
potential - fire hazard conditions.
4.
WILL.THE REQUESTED ZONE PROMOTE THE GENERAL WELFARE?
70.
The requested change -from Industrial and Industrial -Commercial to
Commercial would reduce the potential adverse conditions.to some
degree_ as noted in #3 above. The req,.wste:d zoQa-and resultant re-
strictions of the Ordinance would offer incentives for redevelopment
and'an upgrading of the subject properties. This, in turn, would
present increased incentives for neighboring properties, thus pro-
. moting the generalwelfare of the area.
5.
WILL THE REQUESTED ZONE PROVIDE FOR ADEQUATE LIGHT AND AIR?
The requested zone:has less limitations than the LM-CLM in terms
of bulk and height. However, the nature of the zone change, the,
required architectural review and off-street.parking requirements
would contribute to.providing adequate light and air within the
requested zone. .
6,
WILL THE REQUESTED ZONE PREVENT OVERCROWDING OF.LAND?
The requested zone.provides, for near.100%'lot coverage for improve-
ments, except -for off -.street parking.requirements, which is a very
intensive zone. Provisiofis of the Ordinance to prevent overcrowding
may be argumentative. -
7.
WILL THE REQUESTED ZONE AVOID UNDUE CONCENTRATION OF PEOPLE?
The nature of the requested zone is such that it acts as a center
--2--
for intensive commercial, financial, governmental professional and
cultural activities which would draw large numbers of people in the
form of shoppers, visitors and, within the provisions of the Ordinance,
residents. The determination of undue concentration is argumentative.
8.
WILL THE REQUESTED ZONE FACILITATE THE ADEQUATE PROVISIONS OF TRANS-
PORTATION, WATER, SEWER, SCHOOLS, PARKS AND OTHER PUBLIC REQUIRE-
MENTS?
This is an arbitrary point in terms.of the zoning matter being con-
sidered independently from other Ordinances of the City. -
The change in zoning is requested with a goal of redevelopment of
"
the area which would, through the application of redevelopment con-
cepts and City requirements for buildings and public improvements,
include the use$ or improvement df, municipal improvements that
may apply. Streets''water,.sewer, storm severer and a City park are.
presently located .within or adjacent to the subject properties. The
nature of the existing and requested zones does not present any
negative -impacts on 'the school systems.
It should be noted.that Center Street (the South boundary of the
property), is on a fifty foot right-of-way. Given the potential traffic
counts for the year 2000, an additional ten feet of.right-of-way
may be needed for improvements to Ce:nter'Street.
9.
DOES THE REQUESTED ZONE GIVE REASONABLE CONSIDERATION TO THE CHARACTER
OF THE DISTRICT?
The areas in question total approximately thirty acres, ten acres is
in railroad usage .(seven acres of which is to be removed), six acres
in commercial usage, seven acres in industrial usage and ten acres
of vacant land or roadway. The general character of the district
is Industrial -Commercial.
10.
DOES THE REQUESTED ZONE GIVE CONSIDERATION TO PARTICULAR SUITABILITY
OF THE PROPERTY FOR A PARTICULAR USE?
At present, the property described in the application is zoned a.
combination of C-3, LM and CLM. The property is presently suited
to commercial and industrial uses. However, with the proposed re-
location of a "through track" and the removal of all other tracks
within the subject:property, the,complexion of the property becomes
more suited to commercial. This: is in consideration of the dominant
adjacent.zohing which is Commerc"ial and Industrial -Commercial. Further:,
it is no:t.ed_that the:subject property is in"a Central Business
Disrric.t,"and may be more app.ropriately developed in Commercial rather
than Indtistria l. ,'
-3-
all structures and redevelop the sites in commercial.and/or civic
and a public land use. This future redevelopment would maintain
or enhance the value of buildings on adjoining lands. The applicant
has stated that portions of the property contain blight. Removal
or replacement of these blighted areas can only enhance the value
of the properties, both within and adjacent td"the property.
12. WILL THE REQUESTED ZONE ENCOURAGE THE MOST APPROPRIATE USE OF LAND
THROUGHOUT THE MUNICIPALITY?
Appropriate land uses have been designated by the Kalispell Compre-
hensive Plan and Kalispell Redevelopment Plan. Amendments to said
plans submitted with this application have been recommended. If
approved by the City Council and County Commissioners, the question
Of appropriateness will be answered.
Further, it must be noted that'a majority of the property in question
is presently. mooned Indus trial. -Commercial-. 'thus, the.Commercial usage
of the sites is available, the requested zone does upgrade the quality
of the Commercial uses of the property. Displacement of non -conforming
uses, resulting from the zone change, may be absorbed by the remaining
areas within the redevelopment and planning jurisdictions which
are appropriately zoned or designated. Thus, the most.appropriate..-
use'of land within and adjacent to the municipality -mill be promoted.
D. SUMMARY REMARKS:
The requested C-3 zone generally meets the statutory criteria for a zone.
change. Subject, however, to corresponding amendments to the Comprehensive
Development Plan for the Kalispell planning area.and the Kalispell downtown
Redevelopment (Urban Renewal) Plan .being ado�ted by the Board -of County.
Commissioners and City Council for the Comprehensive Plan,and the City..
Council for the Redevelopment Plan.
The City Council, and the petitioners, ;should now begin assessment of future
public and private 'improvements which will.'result from the anticipated
'redevelopment of the area in question.-;
Consideration of reservations or easements for future improvements must
be considered in the design of future improvements, and must be considered
in the design of the future development to avoid undue hardship on land-
owners and under expense to the City, County or State.
RECOMMEDATION
Approval of the requested change from LM (Light Industrial) and CLM (Industrial -
Commercial), to C-3 (Central Business) is. recommended, subject to'the appropriate
amendments to the Comprehensive Development Plan and Downtown Redevelopment
Plan.
-4�
AY£NUE
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EXHIBIT "A"
A tract of land situated, lying and being in the South half of.the
South half (ShSh) of Section 7, Township 28 North, Range 21 West,
M.P.M., Flathead County, Montana, and more particularly described
as follows to wit:'.
Beginning at the Southwest corner of Block 30 of Kalispell Original,
according to the map or plat thereof on file and of record in
the office of the Clerk and Recorder of Flathead County, Montana;
thence
North 769 10' 16" Ea.st,and along the"Northerly Right.of Way of
Burlington Northern Railroad and also along the South boundary.
of -Blocks 30, 29,.28, 27 and 26 of said Kalispell Original a
distance of 1778.06 feet to a point on the Westerly Right of
Way of Main Street (U.S. Highway No. 93); thence
South 1311 49' 57" least and along the Westerly Right of Way of said
Main Street, a distance of 550:00 feet to a point on the Southerly
Right of Way of ,Burlington Northern .Railroad; thence
South 760 10' 16" West and along the Southerly Right of Way of said
Burlington Northern Railroad and also along -the Northerly Right
of Way of Center Street a:'distance of 1778.02 feet -to a point
on the Easterly Right of'Way of Fifth Avenue West; thence
North 130 50' 12"' West and along the said Easterly Right of Way of
Fifth Avenue .West, a distance of 550.00 feet to the place of `
beginning,.
73.
Councilman. Palmer introduced the.fallowing letters for.the record;
LAW OFFICES OF
MURRAY, SAUFMAN, VZDAL 8t GORD'ON, P.C.
240 FIRST AVENUE WEST-
F. 0. BOX 899
tAR5HAi1 MURRAY KALISPELL, MONTANA 69901 � TELEPHONE
LEONARD G KAUFMAM 40.6 - 755.5701)
JAMES E. VIDA!
JOHN L GORDON
JAMES M_ RAMLOW
June 7,. 1983
Kalispell City Council
City Hall
Kalispell, Montana .59901
ATTENTION Marjorie Giermann, City Clerk -Treasurer
In Re: Proposed Amendment to City of Kaj,spell Zoning.ordinance,.'
Ordinance No..961
Dear Mrs. Giermann:
I represent W. J. Gallagher$' the owner of that property located
between 3rd Avenue E.N. and 4th Avenue-E.N. and south of the
B & B upon which Westmont Tractor Company was formerly located.
On behalf of Mr' . -Gallagher 1 wish to advise you that he whole-
heartedly supports the Zoning Amendment, notice of which he
recently received.
Thank you.
...Yours truly.,
MURRAY, KAUFMAN, V1DAL & GORDON, P.C.
Marshall Murray.
MM/mlp
1
XI
MAKStIALL MURRAY
RAUFMAN, VIDAL & C+
246 FIRST AVENUE WEST
P. O. BOX 899
KALISPELL, MONTANA 59901
, P. C.
74
TELEPHONE
LEONARD L. KAUFMAN
JAMES E. VIDAL
JOHN R, GORDON
JAMES M. RAMLOW t
ATTENTION: Marjorie Giermann., City Clerk -Treasurer
In Re:. Proposed Amendment to City''of'Kalispell Zoning Ordinance,:'
Ordinance No. 961
Dear Mrs. Giermann:
This letter is to advise you that I am an owner of certain pro-
perty located in the 300 block -on 2nd Avenue West, together with,
my law pa3rtners . '
We completely support the Amendment to the Official Zoning Or-
dinance.,of the City of Kalispell as recently recommended by the
Kalispell City.Zoning Commission.
Yours trulyr
MURRAY, FAU7MN, DAL & GORDON, P.C.
Marshall, ...Marra
Y
MNI/mlp
LeRoyE~a'.�Y,l.:q..i�.•--
Alan Petersen
Mayor
Bullding.OEfitial .
• P.O., Box 1055--21P 5990i-io35— Telephone 1406) 735549
T-HE CITY..OF K A�LISPELL, MONTANA
. DEPARTMENT OF BUILDING & ZONING
o� .MEMO TO: Nakul S. Verma, Planning Director
CO 5°
+•4z FROM: Alan J. Petersen, Building Official/
LU
IL[ Zoning Administrator
DATE: January 17, 1983
® SUBJECT: GLACIER PARK CD .`: REQ'UEST FOR.,AMENDMENT
i].THE KALISPELL'COMPREHENSIVE DEVELOPMENT
:PLAN; AND ,:, ZONING. MAP.. ,' A,MENDMEHT.. ,: f ._-
The rezoning of this.'tract would create 1.4 nonconforming uses that
could not be expanded or substantially altered (refer to attached
zone analysis and.Sec-. 7.31. Appendix B of the Zoning Ordinance
#961). There is no mention of a relocation plan of what if any
existing buildings or uses will be removed to redevelop the pro-
perty. Creating nonconforming uses in a district would be a neg-
ative impact on the proposed rezoning. The applicant should show
how he will solve this problem and in what time sched:tiul.e the pro-
ff blem would be resolved.
i The boundary of -the C-3 District should be drawn on the south
s.ide of the relocated railroad right-of-way, keeping the tracks
j in a CLM Zone, therefore, a permitted conditional use.
3 would welcome redevelopment of this area -as it would most
ryiiCely replace the substandard construction in this area with
Ares/ x�etai.l buildings creating a better economic base with more
services and products available for the people of Kalispell
l+Na the surrounding area:
175.
71,
pp-
LEROYq L WDowe11FTHg
LA
spy
P.O. Box ia55—zip W01-1035— Teicphone (4061755-50
TH.E CITY OF KALZSPELL, MONTANA
DEPARTMENT OF BUILDING & ZONING
MEMQ TO: Naku1 S. Verma, Planning Director
FROM: Alan J. • Petersen, -Building Official
DATE; February 18, 1983
SUBJECT -Addendum to Glacier Park Co. Request for Amendment to
Kalispell Comprehensive Development Plan and Zoning
Map Amendment
The rezoning of this tract would create five (5)
non -conforming uses in the proposed district (refer
to attached zoning analysis). These non -conforming
uses that are created cannot be expanded or substantially
altered (see Sec. 7.311, Appendix B of Zoning Ordinance #961),
and is a negative impact on the rezoning request.'
Redevelopment of this tract would be a welcome asset to
the City of Kalispell, and I feel that these non -conforming
uses do not represent the highest and best use of the
property.
vW
CC: File
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• Box io;y
Mayer yip 59901•1035
Tdghone (4o6j 755.5451
T, H R. ;CITY. OF K ALISPELL, IV 0NTANA''
MEMO TO: Nakul S. Verma
P1annirig Director, Flathead' Regions]. Development Office
FROM: Robert T. Hafferman; Director of Public Wo-rks
HATE'. February 10, 1983
SUBJECT:' Addendum .to. Glacier Park Company Request for Amendment to:
the Kali.spel'l.Compreh`ens.ive Development Plan anal Zoning
Map AmendmeAt .
The proposed change in zoning to C--3,
as per subject request, is not anticipated
to create any'mote impacts to public' works
facilities than would be created,with building
in a CLM or LM zone, as now exists..
Any new development within this area must
be in accordance with the City's "Standards
and .General Provisions for Design and Construction"e
vw : R . T .
r
KALISPELL FIBS DEPA R TM EN T
336 1st Avenue East.
P.O. Box 1635
KAUSPELL, MONTANA 5996E
GENE D.OTY DUANE L.ARSON ROGER BOWMAN
CHIEF ASSISTANT CHIEF FIRE MARSHAL
June 172. 1983
Honorabie Mayor i
City Coucil Members.
City of IG-Llispell
RE: Zoning change and proposed constructian for Burlington Northern Mall
The -Fire Department lass no objections to the proposed
zoning classification change far ,the area, contemplated as
a site for the -.Burlington ;Northern Mal .
-79.
Any.construction on this property.must confor'm.to
C;-tom of Xai.isnell standards and to vui'ding aad Fire
Codes in'.force at.time of construction. Prior to any:
construct%011,'the Fire Department must.review.any site
plans. This review would be to determine such. items as
hydrant -.placement, ingress and egress; and accessability
to..the rear of proposed inall and also accessability to
South side of adjoining commercial properties in existence
when construction begins. T'lis accessabi.lity wilt be
necessary for fire supervision activities.
Respectfully submitted
;Gee Doty, Fire Chief
6
FIRE PREVENTION IS GOOD BUSINESS
CITY OF KALISPELL
P. 0. BOX 1035 Kalispell, Montana 59901
Edward J. Gallagher, Director Suite 9, The Whipps Building
Community Development Department (406)257-7491
MEMORANDUM RECEIV
------r—^— FEB 22 1983
Flathead Regional.
Development Office
TO: Norb Donahue
FROM: Ross Plambeck, Redevelopment Coordinator
DATE; February 14, 1983
SUBJECT: Amendments to Kalispell Redevelopment Plan
Ed asked me to review your February 8 memo to N. S. Verma on the referenced
subject. A few additional amendments to the plan at the same time may help
to retain consistency in the text. They are:
Design Concepts p.10
1. Amend.#3 to read:
A community business and office area to support existing business
and encourage,office development compatible to the core area:
Y
2. Amend #5 to read:
A support commercial area to provide for the transition to
commercial and service oriented businesses associated with mall —
type development located on BN property.
:1
Redeveloped Kalis ell - Year 2000
Delete: "Comm -unity College Campus:
Add: "Mall type development, and commercial. support area. ;
The establishment of a mall along the BN Right-of-way from
3rd Avenue East to 5th Street.;West will continue to encourage
and, necessitate support commercial and service oriented
businesses from Railroad Street to Idaho -Street.
Co.. N..S.' Verma
Stebbins Dean, Executive V. P. of the Kalispell.Ch4mber of Commerce restated his
support for BM zone change request and proposed mall.
Xayor McDowell asked for opponents:No one responded.
Council discussed businesses that exist in this area. There are 42 busixiesoes,
19 of which, are non-conformirg, but grand -fathered in. Mr. White, Kalispell Feed
and Grain, stated` that. they would have to relocate on the railroad. They would
be sev6rely handicapped off rail .at harvest tiIDe. There are areas south of the
City and off Meridian which might be suitable.
Councilman Palmer asked City Attorney Neier to'read the proposed ordinanceto amend
the zoning.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE CITY OF KALISPELL ZONING ORDINANCE AND
ZONING MAP, ORDINANCE NO. 885, AS AMENDED, TO CHANGE ZONING OF A
PORTION OF .A CERTAIN "LIGHT INDUSTRIAL.LM" AREA TO "CENTRAL BUSI-
NESS C3" AND TO,.CHANGE A PORTION OF A CERTAIN "INDUSTRIAL -COMMERCIAL
CLM" AREA TO "CENTRAL BUSINESS C3" AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, On August 25, 1980, the City of Kalispell' enacted Or-
dinance No. 961 which amended the City of Kalispell Zoning Ordinance
and, further,,which provided for and established the Kalispell Rede-
velopmerit Area and established zone districts therein; and
WHEREAS, the property of the Burlington Northern, Inc. is in-
cluded within the Kalispell Redevelopment Area, and has been zoned
"Light Industrial LM" and "Industrial Commercial CLM", in accordance
with Ordinance No. 961; and
WHEREAS,. -.on December 13,.:1982-,and January 26, 1983, the Glacier
Park Company, a subsidiary of Burlington Northern, Inc.., and agent
for Burlington Northern, Inc.., made application to amend the City
of Kalispell. Zoning Ordinance and Zoning Map, to change the classi-
fication of one,parcel of pro.perty_owned by Burlington Northern,
Inc.,, within the Kal-ispell Redevelopment Area, from "Light Industrial
LM" to "Central Business CP and another parcel of property in the
Kalispell Redevelopment area from "Industrial Commercial CLM" to
"Central Business C311; and
1
U
a
WHEREAS, pursuant to said application and in accordance with
Section 6.13 of the City.of Kalispell Zoning Ordinance, the appli-
cation was referred to the City of Kalispell Zoning Commission for
their consideration of all facts relative..to the proposal; and
WHEREAS, the Flathead Regional Development Office reviewed the
application of the Burlington Northern, Inc. and reported to the
Kalispell Zoning Commission, Zoning Change Report, &KZ--82-009; and
WHEREAS, the Zoning Commission did at its regular meeting on
March 8, 1983, consider said proposed amendment, and the report of
the Flathead Regional Development Office, and other pertinent facts;
and'resolved, and recommended, by letter dated March 10, 1983, as
follows:
+ "That the requested zoning change from LM and CLM
to C3.be approved subject to the appropriate amend-
ments to the Comprehensive Development Plan for the
Kalispell Planning Area and the Kalispell Downtown
Redevelopment Plan.",
and, further, transmitted said recommendations along- with the Report
of Flathead Regional Development Office to the City Council of the
City of Kalispell for their consideration and further action; and
WHEREAS, the City Clerk -Treasurer, pursuant to Council order of
May 20, 1983, and Section 6.13, City of Kalispell Zoning Ordinance,
dial cause to be published a Notice of public hearing on the proposed
zoning amendment, and also caused to be mailed notice of the pro-
posed zoning amendment to all persons owning property, either of
.the area of the lots included in such proposed change, or immed-
.iately, adjacent in the rear thereof extending 150 feet therefrom
and those adjacent on either side thereof within the same block,
and those directly opposite thereof extending 150 feet from the
street frontage of such opposite lots; and
WHEREAS, pursuant to said Notice, the City Council did hold a
public hearing on the proposed Zoning Amendment on June 20, 1983,
at which time the Council did give consideration to the recommendation
of the Zoning Commission; the report of the Flathead Regional Devel-
opment Office; public comment, both written and oral; and the com-
meats and suggestions of the various City officers and employees;
and
..WHEREAS, at and following said hearing the Council did find as
follows:
A) That the requested zoning is in accordance with
the Comprehensive Plan applicable to the City of
Kalispell and the Kalispell Downtown Redevelopment
Plan.
B) That uses permitted.on the property effected will
tend to.reduce heavy truck traffic congestion in the
streets.
C) The requested zone and proposed subsequent de-
velopment suggested would remove potentially haz-
ardous cona-itions from the area.
h1 ,
82.
DI The requested zone and proposed subsequent de-
velopment would result in an increase of tax base
in area thus promoting of general w4lfarc:
Ej That the requested zone and subsequent proposed
development, with accompanying architectural review
of Kalispell Downtown Redevelopment Plan, would re-
sult in no further degredation of light.and air with-
in the effected area:. with elimination of railroad
switching yards in the effected area, improvement of
air and light quality for the entire downtown area
of the City would probably result_,
F) That the requested zone and subsequent proposed
development would cause:to be .removed,from the ef-
fected area buildings ina substantial state of di-
lapidatlon, and eliminate blight which would result .
in a more efficient use of property within the City
of Kalispell and particularly the Downtown Redevel-
opment- Area .
G)' The -requested use zone and subsequent proposed
development should.not result in an undue concen
-
tration of persons...
' H) The City currently provides:.Water and sewer to
the effected property and the proposed use will have
no adverse use on schools, parks and other public
requirements. Any resulting traffic problems will
be resolved with.development.
I) The uses on.surrounding property are primarily,
commercial in nature and proposed use under the
Zoning Amendment will be compatible.
J) The effected property .is particularly suitable to
commercial use due to proximity to the Central Business
District and core.area of the City.
K) The use requested would have the effect of removing
undesirable and antiquated buildings in the effected
area and will enhance the value of adjacent properties.
L) The requested use permitted by the zone change will
allow a commercial."Anchor Area" to develop, resulting in
upgrading uses of the surrounding property and serving
as a local point for municipal improvement.
:NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:'
SECTION I, That the City of Ralispell'Zoning Ordinance and
Zoning Map, Ordinance No. 885, as amended, is hereby amended as
follows:
A) The parcels of property within the Burlington Northern
Railroad Right-of-way between Fifth Avenue west and Third
Avenue East and North of Center Street is hereby rezoned
from "Light Industrial LM and/or "Industrial Commercial
CLV to "Central. Business C3"; said area is more particu-
larly described as follows:
'Beginning at the intersection of Center Street
and Fifth Avenue west North,. thence
Northerly along Fifth Avenue West North to the
Southwestern boundary of Block 30 of
Kalispell Original Townsite, thence
Easterly along the southerly boundaries
of Block 30, Block 29, Block 28, Block 2.7,
.131ock 26, Block 25, Block 24, and Block 23,
of the Kalispell Original Townsite to Third
Avenue East.North, thence
Southerly along Third Avenue Easy North to its
i,ntersection.1with Center Street, thence
Westerly along Center Street to its inter-
section with ;Fifth Avenue West North, and
'the;po:int of beginning:
B) The Of:icial Zoning Map is amended accordingly_
83
SECTION II.' All other parts and provisions of Ordinance No.
885 as amended,.and Ordinance No. 961 not herein amended or repealed
remains the same.
1
SECTION III_ This Ordinance shall be. .effective thirty (30)
days from and after the date of its final passage by the. City Council
andapproval by the Mayor.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF NALISPELL AND
APPROVED BY THE MAYOR THIS DAY OF 1983.
LeRoy E. McDowell, Mayor
ATTEST:
Marjorie Giermann
Acting City Clerk -Treasurer
ORDINANCE #1033
Councilman Palmer moved first reading of Ordinance #1033 an.ordinauce to amend the
City of Kalispell Zoning Ordinance and Zoning Map, Ordinance No. 885, as amended,
to change zoning of a portion of a certain "bight Industrial LM" area to "Central
Business C3" and to change a portion of a certain "Ind-izatrial-Commercial CLM" area
to "Central Business C3" and to provide -an effective date. Seconded by Councilman
Saverud.
Councilman Ruiz asked what it will do to our tax base. Mr. Hartman stated the' -will,
be a 200CPA increase in just what the railroad will pay. In -addition tenants will
pay more than.present tenants. The remaining track will be taxed separately and put
on local tax roll.
Question called. Roll call vote. All voted aye.
Mayor McDowell declared the public hearing closed.
.ADDRESSING THE COMCIL
Mayor Mobowell made three calls fox anyone wishing to address the"Council. No one
responded.
COMMITTEE REPORTS
COTOMTY DEVELOPMENT
Councilma4 Saverad reported on the proposed project if 'we obtain a portion of the
Jobs Bill funds. First Alley West from: Center to Fourth will be resurfaced and a
new sewer line and conduit for future power use installed. Also, a portion of
Montana Street w*11 be.resurfaced. Deadline for the application is June.24th and
the amount requested is.-$250,000.00.
Councilman: Saverud moved that Mayor McDowell be authorized to sign the application
for the grant. Seconded by Councilman Ruiz. Motion carried.
Councilman Saverud reported on the Block Grant for Community Development. Applic-
ation date is July.lst: It is a 3 year program. Amount, is 1.5 Million. The: two
required public hearings have been held. Consensus of opinion is to continue with
residential and commercial rehabilitation and also attempt to assist Flathead
Industries with a project for a manufacturing plant on 4th Ave. W. N. The proposed
project is -a plastic injection plant. The local banks,.are w.illing,to assist. When
working at capacity about 50 persons will be employed. About one-half will be their
clients. It meets all.permitted uses. The Building Department will assist with
parking,:,and building requirements.
C. Saverud moved that.Mayor McDowell be authorized to sign the application for the
m
3 year block grant. Seconded by Councilman Nystul. Motion carried.
SAFETY
Councilman Grainger had no report.
Councilman Ruiz reported there will be a committee meeting at 2:00 P. M. Wednesday,
June 22nd. The entire council is urged to attend. Director of Public Works
Hafferman has a list of items to be acted upon before he leaves his position.
There will be a meeting at 7:00 P. X., June 27th in the Council Chambers concern-
ing the Olson Water proposal.
FINANCE
Councilman Nystul introduced Chuck Stearis,student in public administration, who
will work with us for 8 weeks starting July 5th. His work will be coordinated
through the Finance Committee on a day to day basis.
The Finance Committee has recommended that the City wait two years before_anothem
audit.. The past audit .will be delivered July 31st. The Finance .birect.6 =hdisi wade
a: su1?sta�tial niamb�:r of:';_jou�a7 ontr� e� to :ce��e�t _1982 -beaks and .it should be�.-:->=:
more.- favorable --khan l9$l r
0: 4 NVINM
Councilman Zauner had no report.
ANNEXATION
Councilman Palmer had .nq,report.
STREET & ALLEY' .
Councilman O'Boyle reported that the Street & Alley Committee will meet immediately
after the Sewer & Water meeting on.;the 22nd.
Councilman O'Boyle moved that Mayor McDowell bey authorized to sign an agreement
with the State. .Nay Department to continue to repair traffic signals at,various
locations in the'City with reimbursement to the City. Seconded. by Councilman.
Grainger. Motion. carried.
Councilman O'Boyle reported on,.the request of Jim Scharen, et al, to *rchase or
clear title to Lot A, Porta Villa Subdivision #2 which shows on the plat as being
reserved for a city street. After the last council meeting, an agreementwas found
on file also recorded. with Flathead County, which states "that on demand by the mayor
or other appropriate -executive .official pf the City. -of Kalispell, said Parties of
the First Part, their heirs and assigns, and suced.ssors,in interest to the afore-
aaid.premises, will make and execute to said City:of Kalispell a convegance of lot
A of said Porta Villa Subdivision No. 2, Kalispell Annexation No. 65, as part of
Yellowstone Street".
Councilman O'Boyle moved that all city specials assessed against Lot A from 1917
through 1982 be refunded to'the:owners of Dot,. Seconded by Councilman Nystul.
Motion. carried:
PARKS
Councilman Ruiz moved that Mayor McDowell be authorized to enter into an agreement
with the Kalispell Golf Association for a 5 Year lease,: Seconded by Councilman
Grainger. Motion carried.
Councilman Ruiz moved that MayorMoDowell be authorized tosign a lease agreement
between the:Ka.lispell Golf Association. and KCFW for -,placement of their signal:
Seconded by Councilman Palmer., Motion carried.
PARKING 'COMSSION
Councilman Palmer moved to confirm Bob Ivey; Gordon Pirrie and J. Austin Miller
on, their reappointment to the Parking Gommission: Seconded by Councilman Grainger.
Carried.
The next meeting will be on July 5th, as the regular meeting date falls on. July 4th.
Councilman Grainger -moved to.adjourn., Seconded by Councilman. Palmer. Carried.
-Approv As presented co'rectcl,$ 19
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