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08/06/84 City Council Minutes227. THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P..M. MONDAY, AUGUST 6, 1984 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWELL PRESIDED. ALL COUNCILMEN PRESENT. APPROVE MINUTES Councilman Nystul asked that the minutes of July 16th regarding BNRR leases be reworded by City Attorney Neier and moved that they be approved as corrected. Seconded by Council- man Schindler. Motion carried. OPEN BIDS -- Pressure Filter Media There were no bids. Councilman Nystul moved that the bids be readvertised. Seconded by Councilman Ruiz. Motion carried. OPEN BIDS - Paint Elevated Tower Watertower Paint & Repair Co. Inc. Bid Bond Item 1 (Interior) $16,233.00 Spokane, WA Item 2 (Exterior) 16,572.00 Item 3 (Exterior with logo) 18,712.00 Bid::accompahied by a .letter withdrawing bid for exterior painting. J & L Co. N. E., Inc. Bid Bond Item 1 (Interior) $10,225.00 Spokane, WA Item 2 (Exterior) 13,875.00 Item 3 (Exterior with logo) 14,875.00 Councilman Nystul moved the bids be referred to the Sewer & Water Committee with power to act. Seconded by Councilman Ruiz. Motion carried. OPEN BIDS - Water Pipe & Fittings and Sewer Pipe Waterworks Industries, Inc. Bid Bond Total Bid $34,521.50 Billings, MT ITT Grinnell Corporation Bid Bond Total Bid $33,890.80 Billings, MT Northwest Pipe Fittings Bid Bond Total Bid $35,548.36 Billings, MT Western Utilities Supply Co. Cashier's Check Total Bid $34,742.95 Spokane, WA Alternate BPS Supply Co. of Montana Cashier's Check Total Bid Bid 34,542.01 $35,180.00 Kalispell, MT Councilman Nystul moved the bids be referred to the Sewer & Water Committee with power to act. Seconded by Councilman Ruiz. Motion carried. PUBLIC HEARING - Heller Zone Change Request Mr. Jim Mahn, Flathead Regional Development Office, introduced the subject by stating that this -Is a request to.bhange the zoning from R4 to B2 on a single tract of land, Lot 12.,I-Block 235 of Kalispell Addition No. 6, which borders on West Wyoming, 2nd Avenue WN and,Sunset Boulevard. This is the third application in the last two years. The 12. statutory criteria have been approved by,,�the Zoning Commission and FRDO and their ree commendation is to grant the zone change request. With their first approval, certain physical:':&onditions were to be changed. The sides facing Sunset Boulevard and West Wyoming have been fenced, a traffic .light has been installed at the intersection and the 1RUssell playground has been fenced. A two-sto'_p office building is planned and there will be four off-street parking spots, which meets zoning requirements. Xhe original conditions have been met, and the area is in compliance with adjoining property. Mayor McDowell asked for proponents. Attorney Bill Astle, representing the property owner, Mr. Jack Heller, presented a map of Kalispell showing that all property abutting Highway #93 within the city limits is commercial property except this small area. Mr. Heller has checked with his neighbors explaining that R4 uses are more:numetous and more likelp°.V_o have more traffic than a B2 zone. A petition was presented, signed by nine property owners located in the vici- nity of this property, which stated that the "The undersigned, as evidenced by their signature hereon, do not object to the change in Zoning of the above -described property to the proposed B2 (Neighborhood Professional Business) Zoning Category." The first application for a zoning request was by Mr. Heller for just his own_.prbperty and the Russell School Board objected because of the safety factor and the Council voted it down. The second request was from Mr. Heller and Mr. Mattson and again, the Council rejected the request. Both of those requests were approved by the Zoning Com- mission and FRDO as it is this time. Attorney Ast.le offered covenants that there will be no access to the property from Wyoming or Sunset Boulevard. Entrance will be from 2nd Avenue WN andt.firaffit-+will exit into the alley. They would also offer a covenant 228. that there will be no use except the present use for 20 years. Attorney Astle concluded by saying that it is defititely not a good residential area. Mayor McDowell asked for opponents. DeAnn Thomas, 150 Sherry Lane, representative of the Russell PTA, stated that they dis- approve of the change because of increased traffic in an area which is already hazardous. The fence is more of a hazard .than a safety because there is no place for children to walk -- the fence has forced them into the street. Bev Van Guten, crossing guard, stated that it is bad enough without a business in that location. With no fence on thq,school side, 2nd Avenue WN could be -very dangerous. Marianne Lowitz, 118 Ridgeway Drive, stated that Hundreds of cars pick up school children and when the roads are slick, this is already a hazardous area. She stated that she thought Mr. Heller erred when he built his building first and ask permission to change the zoning second. Astle rebutted by saying that the traffic is alkeady.;;thbEe - a residence is absurd - t;here is a building that is compatible to the area - only other alternative would be to sell to the school for parking - the:proposed use will generate minimal traffic - vehicles will have one entrance and one;exit and there will be no reversing into the street -.no entrance on Wyoming or Sunset - covenants are offered and hard to overturn - fencing was an original suggestiba,,." by the School Board,. --,,and there is .anvarea for side- walks. Mr. Heller stated that he has already signed for an S.I.D. for"curbinq and he wodld be willing to sign for the sidewalk if that is what they want..:Why would four more cars create a problem? A day care center, which is allowed under present zoning, would generate SO cars a day. There being no further opponents, Mayor McDowell declared the ppblic hearing closed. Discussion by Council on zone change. on inquiry by Councilman Manning,Building official Petersen stated that the off-street parking required is available. Councilman Palmer asked about the exit onto the alley. Right now they are using an alley that belongs to the adjoining property owner. They were granted an easement for a sewer Line and Mr.Heller felt they would also grant an easement for traffic. Councilman Springer stated he felt he should support the Boards that recommended the change. Councilfan Grainger asked if the easement was obtaimed for the exit, a sidewalk con- structed, no backi4g out on Wyoming or Second Avenue Will and directions for entering and exiting, would that alleviate some of the F.T.A.'s woiry? Councilman Palmer stated that first you wanted the fence and now you don't. What do you want? Councilman Ruiz, asked why Robert Wyman and Ruth Nordtome, both close property owners, signed both petitions. Mr. Heller stated_•`thate.lze'�contacted these people and they had not understood the first petition. Councilman Ruiz stated that he has constant cdmplaints about the parking at the 'triangle Building. People do not park in the provided space.under the building, they use the streets. Mr. Ruiz stated he was present at both the other presentations. The situation is the same - Mr. Heller built a building by commercial codes, then went out to seek zoning. There is a certain amount of deception here. There is no buffer - north note,; zoned. Can see no change Since the first time. Mf:aMohntst3.ated that there are these changer: 1) FRDO recommended some physical changes which have been made; 2) before Mr.,,Heller bought the property, and before he applied. for a building permit, he talked to FRDO and asked how they,would feel about making it commercial property and was told .that it would be good use. Councilman stated that 100 people are against this change, then we should listen to them, as well as to the staff. Councilman Saverud asked about the fence being a hazard and if there was only the street for walking. Mr. Heller stated that the School Board had it surveyed and there is room for a sidewalk. Councilman Saverud asked if it would be safer With the restrictions offered, or as it is now. The covenants shed new light - it is no good for residential - a child care center would create more problems. if the alley easement is granted, he �70u,ld feel quite comfortable with the change. 229. Councilman Manning moved to direct City Attorney Neier to draw up an ordinance to change the zoning, subject to the easement and covenants. Seconded by Councilman Palmer. Roll call vote. Councilmen Springer, Saverud, Nystul, Manning and Palmer voted aye. Councilmen Grainger, Ruiz and Schindler voted nay. Motion carried. ADDRESSING THE COUNCIL Mayor McDowell made three calls for anyone wishing to address the Council. No one re- sponded. COMMITTEE REPORTS PARKS Councilman Springer announced a meeting of the Parks Committee at 4:00 P. M. Tuesday, August 7, 1984 to discuss a policy or an ordinance on trees. Last Monday the Parks Committee continued the public hearing on the future of Lawrence Park. Following testimony, there was a motion to ask that the Council suspend rules to have a public vote to determine the future use of Lawrence Park. Springer asked that the ra.les be suspended and a roll call vote taken as to its use as a ballfield or ballfield complex. The vote was a unanimous "no". Councilman Saverud explained that he was not voting against the baseball fields, just against the location. Councilman Nystul moved that Park Superintendent Drent obtain an appraisal of Griffin Field and that Park Supt. Drent and Director of Public Works Hammer research an alter- nate site through acquisition or trade for a ballfield. Seconded by Council Manning. Councilman Palmer asked if we were talking about an area large enough for a baseball complex. Councilman Springer moved to amend the motion to fields or complex. Seconded by Councilman Nystul. Councilman Ruiz stated his concern for finance and maintenance. question called on amendment. Amendment passed. Question called on motion. Motion carried. RESOLUTION #353 z Councilman Springer moved to adopt Reso.lutuion #353 ;2- a resolutuion of intention to sell city owned,'propprty for airpovt renovation as it is presently zoned. Seconded by Councilman Nystul. Councilman Springer stated he thought it appropriate to change the zoning because it is outside the city limits. Councilman Palmer Palmer added that we would not try to change the Comprehensive Plan either. Question called. Roll call vote. All voted aye. Councilman Springer announced a closed session as a committee of the whole immediately after adjournment. CITY DEVELOPMENT Councilman Saverud had n&­report. EMPLOYMENT Councilman Grainger had no report. FINANCE Councilman Ruiz reported that the committee has reviewed duly claims and moved that all those found to be iniorder be paid. Seconded by Councilman Grainger. Motion carried. Councilman Ruiz announced a meeting at 9:00 A.M. Wednesday, August 8th to work on the budget. SEWER & WATER Councilman Nystul reported that the committee, with authority to select a preferred alternative for the grant application for the WWTP and the committee selected the phosphorous removal and nitrification implant and discharge into Ashley Creek. ANNEXATION BLUE CHIP ANNEXATION #162 At the request of Jerry Begg, Councilman Manning moved that the second reading of the ordinance to annex Blue Chip Addition #162 not be read. Seconded by Councilman Springer. Councilman Palmer voted nay. All other councilmen voted aye. 230. Councilman Palmer stated that so much time is -spent by FRDO, the Council, Zoning Com- mission, etc. in getting an annexation to'this point, that he feels we are used. RESOLUTION #3539 Councilman Manning moved to adopt Resolution #3533 a resolution of intention to annex HMB Addition #167. Seconded. by Councilman Schindler. Roll call vote. All voted aye. This annexation had been started previously but because of comp]:ications that arose, was not completed. STREET & ALLEY Councilman Palmer reported that the one bid that was received for S&C construction was high and they are working out a graduated bid. SAFETY Pau ncz°lman Schindler had no report. MISCELLANEOUS Councilman Nystul reported that he attended the Urban Coalition meeting in Missoula last Friday. The Coalition members are the larger cities, city -county governments and county governments. Whereas, the Montana League of Cities & Towns represents from the smallest towns on up, the Coalition works for the larger cities. Nystul strongly urged the Council to budget for membership because they deal with issues that affect us, such as tax incre- ment, block grants, etc. They intend to employ.a staff person from September through April.to do research, assist with legislation,etc. Councilman Ruiz asked that a list of their accbmplishmedts be obtained before we budget for the membership. Councilman Schindlek moved that Councilman Nystul be permitted to leave the state from September 2nd through September 23rd. Seconded by Councilman Ruiz. Motion carried. City Development Committee will'.meet at 4:00 P.M. Wednesday, August 8th. Annexation Committee will meet at 4:00 P.M. August 15th. Councilman Springer moved to adjourn. Seconded by Councilman Grainger. Motion carried. Approved as amended August 20, 1984 r ATTEST: Marjorie fiermann, City Clerk -Treasurer