10/15/84 City Council Minutes249.
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, OCTOBER
15, 1984 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWELL PRESIDED. ALL COUNCILMEN
PRESENT.
APPROVE MINUTES
Correct October lst minutes, page 244, under Annexation from "report" to "plat".
Councilman Manning moved to approve minutes of October 1, 1984 as corrected. Seconded
by Councilman Nystul. Motion carried.
OFFICIAL REPORTS
City Judge for September 1984
Police Chief for September 1984
Councilman Grainger moved to accept
City Official reports.
Seconded by
Councilman
Saverud. Motion carried.
OPEN BIDS - Sidearm Garbage Loader
(Automated Refuse
Collection System)
Widjac Corporation Bid Bond
Collection Unit
Bid No. 1
$93,551.00
(Chassis and Packer
Collection Unit
Bid No. 2
90,833.00
Collection Unit
Bid No. 3
76,891.00
(Containers)
650 90 gallon
$58.80
38,220.00
500 300 gallon
119.00
59,500.00
20 420 gallon
165.00
--3,300.00
TOTAL $101,020.00
H-C-L Equipment Bid Bond Packer and Containers $144,012.00
WX-42 White Road -Expeditor Chassis 55,431.00
CO-1950-B International chassis 45,975.00
Emco Mfg. Co. Bid Bond Packer Body and Ford Chassis $77,700.88
650 90 gallon $75.80 49,270.00
500 300 gallon 186.00 93,000.00
20 2 Cu.Yd. Plastic No Bid
Councilman Palmer moved to refer the bids to the Street & Alley and Finance Committees
and report back. Seconded by Councilman Nystul. Motion carried. Committees will meet
at 3:30 P.M. October 17th.
PUBLIC HEARING - Meridian Addition Zoning
Purpose of the public hearing is to hear public input from City of Kalispell residents
on the recommendation of the Kalispell Zoning Commission that zoning within the Meridian
Adoption be adopted as follows:
Lots 4 through 16, Block 1, Lots 4, 5, 6, EJ of Lot 7 and 13, 14, 15,
Block 2 be zoned I-1 (Light Industry)
Lots 1, 2, 3, Block 1 and Lots 1, 2, 3, Block 2 be zoned B-3 (General
Business) and
Lots 8, 9, 10, 11, 12 and Wz of Lot 7, Block 2 be -zoned R-5 (Residential)
Tom Jentz, FRDO representative, gave a staff report on the area and the reasons for the
recommended zoning. He presented a map of the area and explained that the three zones
cover existing uses and long range plans for the area. South of the area is already
residential and north is commercial or vacant land. The City of Kalispell does not
have much vacant commercial area and this would be very suitable for commercial or
light industrial because of the railroad and adjoining land uses. In Meridian. Addi-
tion uses are mixed. The proposed zoning will take care of all existing uses. We are
not looking at zoning anything outside city limits, just Meridian Addition.
Councilman Palmer asked if it was not irregular to extend the arms of the Comprehensive
Plan in this manner. Jentz answered that if areas had been zoned in an orderly fashion
30 or 40 years ago, situations like this would not have developed. Now it cannot be
helped.
Mayor McDowell asked for proponents.
Larry Lee stated that he and two other persons own the old dairg building in Meridian
Addition. When they bought it, they allowed a body shop to opcupy it. The Building
Official forced it to close because it was residential. It has now been vacant three
years. Mr. Lee would like to see the new zoning passed so that it can be used com-
mercially.
Nancy Kostman, representing Montana Forest Products, stated that they have signed a
petition indicating they are in agreement with the proposed zoning.
250.
-, spoke :in, avor of the proposed zoning.
MaxiI7,n Baiti, for Jthe estate..of Lawrence . -O'Neil,
The fol.lowing'Petition and letter were presented to the Council:
t'
KAUSPELL .CITY COUNCIL DT'NiMERS:
We, the undersigned landowners within the Meridian Addition,
prefer the, property on 2nct Street West . be zoned. as - the
Kalispell City Zoning Commission originally recommended to the
City Council far public hearing, on May 21. 1984.
This reaommendatz:on, is as iollow:a t This: is the same recommendation
-that is being heard Oct.1.5, 1984)
sots 4 through 16, Flock 1, Lots 4,5,6, P112 of Lot 7 and
13--14-1j,.Block 2 be zoned X-1. (Light Industry);
Lots 1.,2,3, Block'1 and 1,6.ts.1,2,3, Block 2 be zoned B-3
(General,Business);,and
Lots 8,9�10,11,12 and W1/2,of.Lot 7, Block 2 be,zoned R-5
(Residential).
'BLOCK l
Lots) 1
Alvin and Melba .Arnoizx
ILOCK_1 (cont.)
Lots) 14
Plari.l 'Neil Bain for the Estate
of Lawrence E. O'Neil
Lcat(s) 4,5,6 Lots) l ,.16
'Waynew and Elaine Moothart Charles H. Q.'Neil for Montana
-Forest,, Products Limited Partnership
Lot(s) . Zj Lat{s). 2.3,6,9
If �. Y-.
•r. 2,
Joh,z1;.Bens onlfor {Kfirk Tree Co. Wallace Getz .
Kalispell Welding
Lot(s) 16.11.,12 BIMK 2
Lot O 2,3.
ry H&nchett for Cecra Proper-
t , Inc. (Consolidated -
Electrical 1 istri.but.ors) ?
a s Aho
m's %acksmith and Sharpening
1
251.
r
page two
BLOCK 2 (cont.)
Lot(s) 4:3,6,E!/Z- 7
14)
Wallace Get z
Lot(s) 13,14 -
Charles H. O'Neil for Montana
Forest Products Limited Partnership
Lot s)--5
Wynona M. O'Neil Trustee for
O'Neil Trust Agreement
Lot (s ) l
,,
LarryO,Lee . C
Lot(s) W1 �'7,_8, E l/2 9
Elmer and Irene Olson
Lot (s) 1. of 9-12
Jeff and Janell Houston
Lot (s) 2 -of 9-- Iz-
Chuck and Irene Houston
-�- --' � 2+�2 .
25�.
Attorney Astle presented tb the Council a "General Vicinity Petition" which states:
"The undersigned are residents of Kalispell, Montana, who reside at the address appear-
ing after their name, and that they .formally by sa_gnature hereon, oppose and protest
any General Business or Industrial Zoning whatsoever of certain property known as
Block 1 and Block 2 of Meridian Addition, as more particularly shown in red on the -
plat attached hereto and by this reference made a part hereof and signed by 95 pro-
perty owners. Said petition is on file in the office of City Clerk.
Councilman Springer asked if there would be a lawsuit if the area is zoned as pro-
posed. Attorney Astle stated that it was possible.
Attorney Astle read letters from former members of the FRDO planning staff, Jim Mohn,
Steve Petrini and Gary Hill, all dissenting with the proposed zoning. Also, on 8/4/84
a statement from Director Verma talks about B-3 and why you should not have it because
of parks, school, etc.
Attorney Astle presented a statement from Robert Brown, appraiser, stating that the
value of residential property would be adversely affected if zoned commercial.
Howard Austin, commercial and residential lender, stated that lending in that area is
already questionable and would be discounted further if zoned industrial and commercial.
Attorney Astle concluded by saying that he is here to oppose zoning - most compatible
as residential - leave as is. Astle asked why it is being brought up again.
Councilman Palmer stated that he brought it up and Councilman Manning continued to
work on it, because we have to consider what is already industrial.
Jentz stated that we have to use the state statute as a general guide. The intent now
of the Comprehensive Plan is to get away from rigid boundary lines and go with more of a
blob form. We handle the existing plan by making a transitional area.
Attorney Astle repeated - leave the variances there - do not zone - R5 can Stay- review
every 5 years unless something drastic comes along.
Larry Lee stated that they have waited 4 years for zoning so they can do something with
their property.
Proposents concluded by restating their reasons for zoning - hard to get a loan -
Storm's Addition built after the businesses were started in Meridian Addition - the
entire area to Appleway Drive is heading toward commercial - prime areas for industrial.
Public Hearing declared closed.
Councilman Manning has conferred with City Attorney Neier on procedure. The Council
will meet as a committee of the whole to consider approval, modification or rejection,
At November 5th regular meeting act on Comprehensive Plan, if favorable, then' -pursue
first reading to amend zoning ordinance. Annexation Committee will meet as committee
of the whole at 4:00 P. M. October 29th.
Councilman Saverud requested that City Attorney Neier prepare a brief brief on non-
conforming uses in our zoning ordinance for B-3 zone and in the redevelopment zoning
ordinance, as it has an important hearing on our decision.
Recessed at 9:15 P. M.
Reconvened at 9:25 P.M.
PUBLIC HEARING - Lighting District II Assessment
Mayor McDowell asked for proponents. No one responded.
Mayor McDowell asked for opponents. No one responded.
Public hearing declared closed.
ADDRESSING THE COUNCIL
Mayor McDowell made three calls for anyone wishing to address the Council. No one
appeared.
COMMITTEE REPORTS
ANNEXATION
0h recommendation of ::'City Attorney Neier that conditions have been met, Councilman
Manning moved to approve and adopt the final plat of Buffalo Head Townhouses #3.
Seconded by Councilman Springer. Motion carried.
ORDINANCE 41047
Councilman Manning moved first reading of Ordinance #1047 an ordinance to extend the
city:limits to include Monk Addition 4168. Seconded by Councilman Schindler. Utility
service has been extended and all conditions met. Roll call vote. All voted aye.
254.
STREET & ALLEY
Councilman Palmer reported that 16 documents have been reviewed in an effort to find thb'
owner of a small piece of property on West Idaho near Wright Lumber Company. The Committee
recommends that the City quitclaim deed the property to the present owner in exchange for
a 10' strip of land along the entire property from 7th-=Ave,to Sth Avenue. At the time of
the deed e2chan9e:;,.they will present'a certificate of survey and title insurance for the
10' strip of land.
Councilman Palmer moved that the Mayor be authorized to sign a quitclaim deed for the
property in exchange for 10' of land from 7th Avenue to 8th Avenue West, Seconded by
Councilman Schindler. 'Roll call vote. All voted aye.'
The Street & Alley Committee will meet at 3:30 P. M. with the Finance Committee and.at
4:00 P.M. with the Parks Committee to discuss trees.
Councilman Palmer stated that neighbors`ave been notified that the street in front of
Dry Bridge Park will be closed for changing, paving, etc. and have been invited to a
committee meeting at 4:00 P. M. on the 18th for discussion.
SAFETY
Councilman Schindler moved to authorize Police Chief Stef'anic to advertise for bids for
two new police cars. Seconded by COuncilman Graincj�irs Motion carried.
Councilman Schindler read a letter fromt�the law firm of Measure and Ogle and Ellingson
stating that the ambulance fund is the recipient of. $3,000.00 from the estate of Margaret
Casey. It states that.the bequest be used specifically for the benefit of the ambulance
department and services. Councilman Ruiz moved to write a Letter of. thanks. Seconded by
Councilman Schindler. Motion carried.
Councilman Schindler reported a request from a Day Care Center on 3rd Avenue East, between
2nd and 3rd Streets to allow three 5 minute loading zones fold dropping off and picking up
children. There is no parking on this side of the avenue allowed, but people are using it
as a loading zone area. The Center has obtained a variance from the B. 0. A.,on the con-
dition that they will be allowed the loading zone. Chief Stefanic sees no problem with
allowing the request. %
Building Official'Petersen explained that the Center will be allowed to continue to operate
by the B. 0. A. if the Council will allow the three 5 minute loading zones. This would
allow people to drop off and pick up their children without the children having to cross
a busy avenue. They have been stopping in front of the Center and getting tickets.
Discussion followed on the same thing being allowed one block north, at Linderman, with-
out any ticketing. Also, why does this block have "no parking" on the west side of the
street when it is allowed all the rest of the way to the Outlaw Inn.
Councilman Palmer stated that the Street & Alley have been discussing no loading zones
at all except in dire circumstances and allowing 15.minute parking areas.
Council agreed to let the Street & Alley Committee and DPW.. 'Hammer do a survey of the
block and report back before allowing or denying the request.
PARKS
Councilman Springer asked that,,there be a brief discussioniion ballfields and Lawrence
Park at the Committee of the Whole Meeting on the 29th.
CITY DEVELOPMENT
Councilman Saverdd reported that the hearings have been~held by the Montana Economic
Development Board on the applications of Tom Wiggin and Michael Torgerson Partnership
for $440,000.00 for Industrial Development Revenue Bonds, and Richard Mohrenweiser for
$192,500.00, and.both were approved.
EMPLOYMENT
Councilman Grainger had no report.
FINANCE
RESOLUTION 43544
Councilman Ruiz moved to adopt Resolution #3544 a resolution levying and assessing the cost
of construction of Lighting District II. Seconded by Councilman Schindler. Roll call
vote. All voted aye.
SEWER & WATER
Councilman Nystul reported that the engineers estimate that construction at the WWTP
will be completed in December.
MISCELLANEOUS
255.
I.
1
7
Councilman Palmer requested that letters of thanks be written to all rural fire
departments that assisted with the major downtown fire which destroyed the M&M
Building on October 7th.
Councilman Palmer requested that out of consideration for The Daily Inter Lake,
all meetings, open and closed, be posted. Mayor McDowell stated that all meetings
would be posted and the chairman of the committee be responsible for the posting.
Councilman Ruiz asked what about the negotiator who calls a meeting after regular
session. What is the time frame? Councilman Schindler stated that progress re-
ports of the negotiator are O.K. by law.
Councilman Saverud moved to approve the appointment of Harry Farrington to the
Parking Commission to replace Bruce Robinson. Seconded by Councilman Palmer.
Motion carried.
Councilman Grainger moved to adjourn.
Approved as presented November 5, 1984.
ATTEST:
Marjorie Gip mann, City Clerk -Treasurer