11/07/83 City Council Minutes141.
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD IN THE COUNCIL CHAMBERS AT
CITY HALL AT 7:30 P. M. MONDAY, NOVEMBER 7, 1983. MAYOR MCDOWELL PRESIDED. ALL
COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Nystul moved to approve the minutes of the regular meeting of October 17,
1983 as presented. Seconded by Councilman Zauner. Motion carried.
OPEN BIDS - Sewer Cleaning Machine
Firm Security Bid
Cues, Inc. Bid Bond Camel Model 200 mounted on a GMC '. :'$95,639.69
731 N. Market Blvd. "M" Model C-7D042 cab and chassis 1984
Sacramento, CA 95834
Alternate Proposal: Demonstration
Unit -Camel Model 200 mounted on a
GMG Model C-7DO42 cab and chassis
1983 $114,400.00
Alternate Proposal #2: In lieu
of the 2 previous proposals, pro-
vide all new 1984 models, including
all of the equipment and features of
the demonstrator unit offered under
Alternate Proposal #1 above $127,680.00
Hall -Perry Machinery Co. Bid Bona Aquatech C-2000 installed on a
1984 Ford F-800 $88,100.00
Option: If I-H truck chassis
is desired, add $3,000.00.
Flexible Pipe Tool Co. Bid Bond MVM10 Combination Sewer Cleaner $95,000.00
mounted on a G.M.C. 1983 truck
Option: Add water circulation
unit at $12,000.00.
MVM10 Myers Combination Sewer $97,500.00
Cleaner with Roots Blower and
complete recirculation system
mounted on a G.M.C.
Alternate Bid: Demo Unit 1983 $90,950.00
mounted on a G.M.C. 1983 truck
Plains Power & Equipment Bid Bond Peabody Myers Mode1'810E Vactor $76,789.00
Jet-Rodder with Ford 300 CI gas
engine mounted on Ford Model
F800 Diesel truck chassis.
Optional: Water recycling $7,600.00
system.
Alternate Bid: Demo (190 hours) $85,000.00
Peabody Myers Model 810 Vactor
Jet-Rodder mounted on Internationsl
Model 1954 - 1983 truck.
Option : Water recycling system $7,600.00
Councilman Zauner moved the bids be referred to the Sewer & Water Committee with power
to act. Seconded by Councilman Nystul. Motion carried.
ADDRESSING THE COUNCIL
Mayor McDowell made three calls for anyone wishing to address the Council. No one
responded.
COMMITTEE REPORTS
EMPLOYMENT
Councilman Zauner had no report.
ANNEXATION
CONTINUATION OF BUFFALO HEAD RESUBDIVISION
Councilman Palmer reported that the Committee met and have recommended approval of
the preliminary plat for Buffalo Head Subdivision.
City Attorney Neier, Developer Stan Pine and Building Official Petersen have worked
out conditions for the subdivision as follows:
9.42.
SECTION .I. That pursuant to.the petition of. Stanley W. Pine
fi.led,wi:th the;,Qity council of the City of Kalispell and the
submission to said council by said petitioner of a plat reflecting
the survey and designation of that territory within the City of Kali-
spell which said petitione,r's request be approved as..a resubdivision
of an existing,. subdivision, And..pursuant to. .the provisions of
Chapter 1 of Title 76,. M.C.A.::;;r as amended, -that are applicable
thereto and the.duly adopted "and enforced subdivision regulation's
d.f the City.. of Kalispell, the' :Couxicil, and'mayor do 'hereby approve
that. said .territory shall be.resubdivided and as resubdiv.ided shall:
be. a subdivision, of the .City . of .'Kal..ispell. to be known as Buffalo
Head Townhouses, a resubdivision of Btffalo''Head Addition No. 92.
SECTION II: The, City Council :in go.n:sidering thiis,request
has found from the.preliminary plat and evidence relating
thereto that said resubdivisidn isAn the public interest,
and in making such fifiding,.'the Council has considered and
weighed:
(a) Basis of need for the subdivision;
(b) Expressed public opinion;.
(c) Effects on agriculture;
(d) Effects on local services;
(e) Effects on taxation;
(f) Effects, on wildlife habitat,, and.
(g) Effects on public health and safety.
SECTION III. In addition to the conditions:,for approval of Buffalo -Head
Subdivision.No. 92 set forth in Resolution'No. 3201 adopted by the City.of
Kalispell.on October 16; 113781 and as further conditions of the approval of
this resubdivisioh't petitioner must.agree.to the following terms and
conditions::
(a} That all public streets benamed and appropriate
r.
signs posted;
(b) That an,adequate marking system to identify the residential
units be provided;
(c) That the original lot lines esta-blished by the plat of
Buffalo Head Addition No. 92 be shown on each final plat
effecting a resubdivision of any such lot;
(d) That RA-1 Zoning, Kalispell Zoning ordinance,
is and shall remain the Zoning Classification of the
property and the.final.plat as submitted shall show
compliance with Kalispell Zoning Ordinance asset
forth in.Exhibit "A" (copy of letter from Alan
Petersen to Stan Pine dated the 7th.day of November,
1983., attached hereto and for purposes of this Reso-
lution made a part hereof).
(e) That assurance of compliance with the off
street parking requirements.of Sectian'4.02.shali
be furni'shed prior to :the issuance of: building per-
mits;.
(f) That a title report he reviewed by the City 143.
Attorney for any encumbrances prior to the filing
of each plat,
'(g). That _fa:nal:covenants ,reflectipg"th6 appropriate;
lot identification- be approved . by thee- City . Goun�cl
prior to: the filing of any final plat,
SECTION IV. It is.the intention of this resolution that°.the petitioner
may.present.one or more final plats effecting"the resubdivision.of one or
more-dots.in each such final plat to accomfiodate the construction of town-
house residential units on said lots in the number of residential units
per lot approved at the time of approval of the original plat of Buffalo
Head Addition.No. 92 as reflected in the covenants :recorded therewith, and,
recogaiz3ilg that the design and construction of townhouse units must conform
to -the market demand existing at the time of construction, it.is contemplated
: thait,reasonable administrative discretion will be utilized as to the final.
dimensions and location of the townhouse units'on.such`lots::
SECTION V. Preliminary plat approval is granted for.three years in.accor-
dance with Section 76-3-610 M.C.A.
SECTION Vi. upon preparation of one or :more final plats in accord with the
fore going.conditions.and upon, approval thereof as.,provided by law, and proper
filing',thereof in the Office 'of the Flathead County- Clerk and Recorder, .said
resubdivision"bf .lots established .by Buffalo Head Addition No. 92 shall be
effective for all lawful purposes.
dpopw
0.
Teteph— W00) 753-f
TH.E C:JTY-0F.K..ALISPE. .L,:-M-0NTA-NA
Exhibit fth"
November 7, 1983
)M=, Stan Pine .
buffalo, Read Properties
`205.'Ba: ielor Grade; Road.. .
Kalispell, Montana 59901
RE: Buffalo Head Resubdivision, Zoning Consideration
Dear Stan:
In reviewing your submittal preliminary plat of Buffalo Head Townhouses, I.offer
the following as being the bulk and'dimensional'requirement of the Townhouses pro-
posed.
f ,
1) There shall „be a building separation of at least 10' between
buildings constructed within the subdivision.
2.) Front of the buildings shall be that.portion of the.build ngs
where.access.is gained by .automobiles as per the design concept.
There shall,be-a 15' front setback required from the furthest
_..pro
jecti.on of the -building. to the edge. of. -the Private Read or
15"1:! from the rigiit-df-way..of 'Ponderosa" Street; .wh ciieuer: s`s
applicable.,;=,_ .
144.
3) A rear yard' setback w$li not be required because there are
no alleys in the subdivision:
4) A side corner setback of,15' willbe required on Lots 4,
5, 7, 9, 13.,.14. 22; 23:and: 24.
5) The land:',area shall .b4i. defined assurai4ig, all land within the
subdivision is•one %oninq,lot, Per secti4*,4.04; Kalispell Zoning
ordinance and Section. 4.0.4,.as, 'follaws:
Azea of° Lots 5:78i.acres
Common: Area ..'1 $5 acres
Ponderosa Street i:C3.5 acres
h Park 2647: acres
Adjoining A/W of Grandview
Drive' '0.592 acres
12.53. acres
Vb Max. Floor.Area/unit' 2367'+3E
5) Parking;Requirement met ger design concept.
Sincerely
Alan Petersen
Building official`.
AP/fw
RESOLUTION' #35OG:, „
Councilman Palrser' moved' to adopt. Resolution ��.3500 a resol ution to approve as a subs
division of the rCity of Kalispell, Montana Buffalo Head Towtihouses, a Resubdiviszoi
of Buffalo He -ad Addition No. 92,;with letter,from B;uilding'Official Petersen attached
and marked Exhibit "A". Seconded by Councilman Ruiz--_
Councilman Vidal asked if this means the prgject.can proceed as Mr. Ping has requested:
Building Official Pete;zsen.stated that:,it'could; and:the'only difference in the' zoning
requirements.is..the 11o6r ratio :to the lot.:_ The .aVer.age mimun floor space. is 2351
square feet,; Sh.TZe may be a ;little leS and same; a 1`ittle. fore: There are maximum but
not iiiinimuzn.'standards, .'so they , ,have taken.the su;bdzvi�on as. a ,whale and averaged out the
square • f ant4ge
Attarney Jell!son-:stated thatrthe 1eveloperhas_ti gntten,�everything; but, will to live
with it:' If. he 'anno•C they. ,nay,; bback
Councilman Palmer, moored ti�teneihis' riation� by -adding., the, maximum f l oor area. ger un.;it as:
2367 sguar.e',feet .to ExhY Lblt '.A".,. Seeanded',by. Councilman: Ruiz,.. ,Motion carried.
Question called R;614 `:call, vote:. Cotlnci:lm,en Iauner-,, Palmer,, Save.tud, Grainger and
Ruia voted aye. Counci,lpnen-q;'.Boyle and .Vidal voted nay, Councilman Nystul abstained.
Resolution' adopted
RESpdTTION ��3503
Councilman Palmer'%d-ved to adopt.Resblistion 1:3503 a resolution approving the subdivision
of Lat I` .Block. ]'02 Ialxspel7 Qrig�nal; �nt,o 2 Tots: Secozided .by, Councilman Saverud. The
propezt,y .belofigs;to Walterskirs.cheti axad :is, being so1d.. There have been twin .houses ail
Lot, 1'f`oY many yes' rs The BOA has . granted them a ' var anca. ,for lot size .on condition . .
that each lot give "the other- a--uti.lity. easement.
Counc_ilma,n Saverud stated that he had,'attended the BGA�„hearing... The property bas re-
ceived 'two .tax not,ices-, f.or: many ,years .and this action will • just, make official what
already_ekfstts. Th'e-.FRDO`has al8o approved this. subdivision. Question called. -..All
voted aye.
STREET &-ALLEY
Councilman O'Boyle,:reported a letter to Mayor McDowell..from FRDO asking that the City
and the County advis'e the Montana State :Highway'Depattm&nt of their priorities for
streets and roads. Priorities established .by TAC on August`19, 1-980 were as.fol'lows:
Long range goals:: l) Meridian Road reconstrurtion.from.Center Street to Highway 93;,..
2) East.Side, WilloV Glen Drive: or River Route and 3).:West Evergreen Drive, Highway 93
to LaSalle Road Short range goals '1') Center and°Mann. Intersection Modification;
145.
2) Idaho and Main Street,Revision; 3) Center and Meridian Intersection Revision;
4) Seventh Avenue East North Crossing between Center and Idaho and 5) Main Street
Corridor Work. --
Priorities now are: 1) Meridian Road, Center Street to Highway 93; 2) East Side,
Willow Glen Drive or Rivwer Route; and 3) West Evergreen Drive, Highway 93 to LaSalle
Road. Short range projects: 1) Center and Meridian intersection revision and 2).Sev=
enth Avenue East North Crossing between Center and Idaho.
County Commissioner Oldenberg has stated he is not in favor of the Willow Glen truck
by-pass, but will support West Evergreen truck by-passes.
After discussion, Councilman O'Boyle moved to authorize the Mayor to sign with the
County on the priorities with No. 2, Willow Glen Drive truck by-pass excluded.
Seconded by Councilman Palmer. Motion Carried.
ORDINANCE #1037
Councilman O'Boyle moved first reading of Ordinance #1037 an ordinance to amend
Section 17-48 (Ordinance #543) by allowing certain equipment to be driven upon side-
walks for the purpose of removing snow. Seconded by Councilman Vidal. Roil call vote.
All voted aye.
PARKS
Councilman Vidal reported that the Parks Committee has discussed the discrimination
suit brought by Mrs. Capes on behalf of her daughter who was refused permission by the
Peewee Baseball Association to play on the team and who has referred the suit to the
State Human Rights Commission. The committee decided -the City was not being discrimin-
atory because it does not charge the associatoin any fees for the use of the field: It
also decided that using our fields does not give us any authority to set their policies.
Councilman Vidal moved that the Council deny discrimination against anyone by allowing
the PeeWee and Girls Softball Associations to use our ballfields. Seconded by Council-
man O'Boyle. Motion carried. City Attorney Neier stated that the Council's decision
will be forwarded to the Commission.
Councilman Vidal thanked the press for the fine coverage given tom the pool bond issue
and urged everyone to vote tomorrow.
COMMUNITY DEVELOPMENT
Councilman Saverud reported that our UDAG has been extended into the next quarter..
When this information comes in writing, he will report on it in full.
SAFETY
Councilman Grainger had no report.
SEWER & WATER
.Councilman Ruiz moved to authorize Mayor McDowell to sign an easement for Greenacres
Units I and II Sewer Service. Seconded by Councilman zauner.
Councilman Palmer asked if all lots in these units would be served. Mr. Dean Mar-
quardt replied "no".
Councilman Palmer voted nay. All other councilmen voted aye. Motion carried.
Councilman Ruiz reported in order to proceed with signing an easement for the Village
County Sewer District, and accept their sewage. This is the Bitney and Schultz trailer
court project formerly known as North Valley Sewer District.
The survey shows slightly 'different lines than the original drawing. Project Engineer
Carver explained that he has reviewed the site for the proposed easement and it is
satisfactory.
Water Superintendent Hughes stated that the approval of _the State Department of Health
is checking the site and approval expected soon.
Project Engineer Carver stated that he is looking for a response from the State Depart-
ment of Health within a few days, and expects all comments to be minor.
Councilman Nysul asked what time frame we are looking at for constructing.the:.new trunk
line to carry the extra load of sewage. Superintendent Hughes replied that it depends
upon how fast the development grows. There will be a storage tank which should get us
through one or two years. They expect to pump once every five days for the first year.
The more homes that are sold, the more the flow will increase. We will need an annual
flow of 53,000,000 gallons to recover our cost.
Councilman Ruiz reminded the Council that we signed an agreement on this project in 1.977
and six years later deverlopers are having to go through the same thing again.
Councilman O'Boyle asked City Attorney Neier if the change in the route affects the
legality of the agreement. Reply was negative -it just says city property.
146.
Duane Bitney, Developer, stated that there is a time element. The line goes across
the golf course and will have to be done after golfing season and before the ground
freezes and this is right now.
Councilman Saverud asked who inspects. Superintendent Hughes stated that the City
will inspect Vhere it joins the city and the rest of the line must be constructed to
city specs and it is the responsibility of. "the project engineer to see that it is.
The engineer is also responsible for the survey.
Councilman Ruiz moved that the Mayor be authorized to sign an agreement for an easement
for Village Country Sewer District with the easement described mutually between the
City and the Engineer and that the construction easement be 60' and then reduced to a
regular 20' easement. Seconded by Councilman Grainger.
Councilman Palmer stated':for the record that he will vote in favor of the motion, but
again, the City has granted utility service to an area that cannot be annexed until
80% developed and this is a long time away..
Councilman Nystul voted nay.
GREENACRE.S" WEST WATER SYSTEM.
All others voted aye. Motion carried.
Mr. Dean Marquardt has requested the City extend the water main on South Woodland to
Greenacres West, establish a master meter and sell water to Greenacres West. There
are plans to build more residential units in the area and they will have to either buy
water from the City or drill a well: Each user who connects will sign a waiver of
right to protest annexation and eventually the area will come into the City. The water
line will form a loop around Kelly Road and back to The Outlaw Inn.
Councilman 2auner asked if -this area:has ground water trouble. Mr. Marquardt replied L
that this area has had trouble, but within 12 months new drainage system will be com-
pleted -to' -standard. Any lead would be the problem of the property owner and not the
City. Mr. Marquardt stated that they'have asked the State to approve 10 apartments
and must show adequate water.
1
Councilman Saverud moved to refer the request to the Sewer & Water and Annexation Com-
mittees and report back. Seconded by Councilman Vidal. Carried.
Councilman Ruiz stated that there will be a Sewer & Water Committee meeting at 4:00 PM
Wednesday, November 9th, to review the sewer cleaning machine bids.
FINANCE
Councilman Nystul reported that the "Finance Committee met today to review October
claims and moved that all claims found to be in carder be paid. Seconded by Councilman
Saverud. Motion. carried.
MISCELLANEOUS
Mayor McDowell announced that Al Miron has resigned from the BOA and is moving south for
the winter months. He asked the Council to submit names to him to select a replacement.
Mayor McDowell requested the Community Development Committee review the Hydro -West
Project (the building of dams on certain rivers within the State) and make a recommenda-
tion to continue or discontinue.
Councilman Palmer announced a meeting of the Annexation Committee at 4:00 PM Tuesday,
November 15th to discuss. -,Meridian Road Zoning, extension of utility services outside
city limits and isl4nd-:'annexation.
Councilman Nystul reported he noticed;City Attorney Neier had purchased a marriage
license. City Attorney Neier admi,tte:d he had used it on October 28th.
Councilman Nystul moved that 0ouncilman Ruiz be permitted to be absent from the City-
November 19th through.the 29th. Seconded by Councilman. Grainger. Motion carried. .
Councilman O'Boyle reported that there is great concern about the tire shop at Second
Avenue West and Second Street. It is an extreme fire hazard and also blocks the side-
walk. Action is long overdue. City Attorney Neier and the Fire Department were asked
to address the problem.
Councilman Grainger moved to adjourn.. Seconded by Councilman Saverud. Carried.
Meeting adjourned at 9:45 P. M.
Approved as presenteddNovember 21, 1983. i
ATTEST: '
Marjori Giermann, City'Clerk-TreasurEr
I