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03/18/85 City Council Minutes295 MAYOR'S OFFICE J.__.-_GAMING HEARING 4:00 P.M. MARCH 18, 1985 Present: Mayor McDowell,. Councilman Schindler, Police Chief Stefanic, City Attorney Nei,er, City Clerk Halver, Applicant Gregory Walsh. Gaming application from Gregory Walsh for premises known as "The Road Agent", 1710 Highway 93 South, Kalispell, Mt. 59901. Mr. Walsh was the only proponent appearing; there were no opponents. Chief St-efanic-moved-he license be approved, subject_ to the payment of the license fees. Councilman Schindler seconded. Motion carried. There was general discussion about a fee increase but no action was taken at this time. Meeting adjourned. THE REGULAR MEETING OF THE-.KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY MARCH 18, 1985, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR MCDOWELL PRESIDED. -.COUNCILMEN SAVERUD. AND_ GRAINGER ABSENT. ALL OTHER COUNCILMEN PRESENT. APPROVE MINUTES Councilman Ruiz moved the amended minutes of the February 19, 1985 regular meeting be approved. Councilman Nystul seconded. Motion carried..Councilman.;Ruiz.moved the minutes of the March 4, 1985 regular meeting be approved as presented. Councilman Nystul seconded. Motion carried. BID OPENING - Legal Advertising The Clerk read the Bid from the Daily Inter Lake. They bid 74% of code prices for the period of April 1, 1985 to March 31, 1986. No other bids were received.__ ._Councilman Nystul moved the bid be referred. to the Finance Committee with power to act. Councilman Ruiz seconded. Motion carried. PUBLIC HEARINGS: MAHUGH ZONE CHANGE REQUEST. A request from Chester N. Mahugh and others to change from R-4 to B-2, the zoning for lots 7-12, Block 228■ Kalispell. The Mayor declared the public hearing open and called for proponents. The following people responded: Terry Weggeland 569 North Main Chet Mahugh applicant Paul Kraft 585 North Main Gary Abbott 575 North Main The following responded as opponents: Beth Mortensen 573 First Avenue E.N. Mary Stillman 33 E. California Emil Samuel 563 First Avenue E.N. Bruce.Cunningham 767 North Main Michael Ober_ 696 North Main Charlene Cunningham 767 North Main Michael Ober presented a petition against the proposed zone change containing the names of 18 residents. The Mayor.next called for discussion from the proponents. Terry Weggeland said he felt the alley was a better dividing line. Chet Mahugh said he had originally applied for a z,oning...cha.nge...o.nly for the property he was interested in and the Zoning Commission recommended the entire half block be changed. He said all requirements of the Flathead Regional Development Office and the Zoning Commission have been met. 296 Paul Kraft stated the area is already commercial for all practical purposes since you can't park in front of your own house because of the impact of the Triangle Building. You should zone that 1/2 block one way or the other; you can't have one piece a business and the rest residential. Gary Abbott agreed with the comments presented by the proponents., The Mayor asked for comments from the,opponent.s., Beth Mortensen said she had recently improved her home and -the .zone change would lower the value of her home,: --She said there is already a traffic problem at the Tri-Co Building Parking Lot and Tri-Co is a good place to end the commercial zoning and not go any further on North Main. Mary Stillman said she had lived in her house since 1955 and liked the convenience and safety of the neighborhood. She feels the change would destroy the neighborhood and she also felt there,is plenty of commercial property available as evidenced by the ads in the Inter Lake. She referred to the petition filed which contained additional people opposed to the zone change. Emil Samuel stated he agreed there would -be. -a parking problem. Michael Ober said this change would be irreversible. He had observed what had happened to the residences on South Main and wondered how long it would take for this to happen on North Main. He felt the properties which were outside the change area would be adversely affected. Bruce Cunningham stated the history of commercial creep is universal. With commercial intrusion into residential neighborhoods the neighborhood becomes less attractive and begins to deteriorate. The Mayor said he had a list of names of the letters submitted and he would give them to the Clerk for the Record LIST OF MAHUGH OPPONENT LETTERS Clara M. Montgomery 571 First Ave E. N. Alfred and Vivian Hoye 555 First Ave E.N. Beth Mortensen 573 First Ave E.N. Mary Stillman -,33 E. California Emil & Ethel Samuel 563 First Ave E.N. Heloshi & Margaret Spink Kusomoto, Owners 566 First Ave E.N. 29 East California Michael J. Ober 696 North Main Bruce Cunningham 767 North Main We also received two protest.:peti.:tions. Mary Cunningham said she and the others who signed the petition generally felt they had purchased homes in a residential neighborhood and would not choose to buy a home in a commercial area. With no fuirther comments the Mayor declared the hearing closed. Councilman Manning moved the Request be referred back to the Annexation Committee to report back to the council at the next regularly scheduled meeting with written findings of fact and recommendation from the Annexation Committee. Councilman Springer seconded. Motion carried. PUBLIC HEARING, ZONING ORDINANCE AMENDMENT TO SECTION 6.14. An ordinance deleting Section 5,::14., of..t:he City of Kalispell zoning Ordinances.' There being no proponents or opponent.s-the Mayor declared the hearing closed. 297 PUBLIC,HEARING, ZONING.-ORDINANCE.AMENDMENT TO. SECTION 2.02.. An ordinance- amen.d`i,n:g . Section 2.02 of the City,', Z'ohing -Ordinances to combine the funct.ion;and_.membership of the- City of Kalispell Zoning Commission and the Kalispell City -County Planning Board. There were..no. proponents. N. F. Donahue of 144 Crestline spoke in opposition to the Amendment. He said the present makeup of the committee is -,adequate. He doesn't want non -city resident members participating in decisions affecting the City. He -recommended the council vote against the:amendme'nt. There being no other opponents the Mayor. declared.<thelhearing closed. CITY OFFICIAL REPORTS Tr.easurer's Report (F.ebruary) Police Chief. _ City Judge " Building Official. " Councilman Nystul moved the reports be accepted�'a.s presented. Councilman Schindler Seconded. Councilman Ruiz asked Police,Chief Stefanic about ;the DUI figures for February 84 compared to January and February 85 which showed no arrests:. The Chiefsaid the DUI program ---was effective but that the numbers for January and February shouldn't -be ,zero. Councilman Ruiz requested the Chief check and send him a memo. The motion was then voted.on and,.carried. ADDRESSING.THE COUNCIL There was not anyone present wishing to address the Council. COMMITTEE REPORTS: SEWER & WATER - Councilman Nystul reporting The Committee has been meeting over the past year and discussing a Sanitary Sewer in..the Woodland Park vicinity. There is -a severe -problem in the Trailer Court owned by Mrs Fellows and the.most logical:s.olbtion is the construction of a sanitary sewer line with a lift station. The city has been working.with Carver Engineering,to.determine:the area that could be effectively served by this construction.: ..The Committee,proposal to.the council is to create an' S.I.D. to -serve the area within the city -limits, to design a lift station and force main to serve the entire area that could be served''b.y the lift station; t.he.people.within the city limits would be charged a pro.rata share, of the,li.ft station and force main; a.dollar figure would be arrived at for the people outside the City Limits who could utilize this -service and who may want to hook on at some future date. .The Sewer Capital Improvement fund would be the developer of this project ...:and,Councilman _Nystul felt that eventually everyone out there wculd:.be. required t,o._hook.on and everyone desiring to hook on would be required to sign a waiver of protest of .annexation, The. S.I.D. Draft pr.e,aented : is .to create an 5',-.I'.D of approximately $125,000.to,build the.:pr.oje.ct:_ .City Attorney Neier', said the main and service lines to all potential customers would cost about $83,145 and the lift station and fo-rc!e: main was about $84,,6.40. The. service area. of the S,I.D.would be about 1/4 of the potential area of the district. The figure of $125,000 was determined by using 25% of:, the cost of the lift .: r the service lines station and. force main and the $83 145 estimate fo and estimated engineering costs of $20,00'd.. total cost would be abau:t .$125,000 , for; the S.I.D. ..and about $65,900 to the; Capital Improvement Fund for future _hookups outside the'`S.I'.D1. Area.. Councilman Nystul said no one -would be, ._.forced to: hook'.onto the system. Councilmen Nystul and Ruiz. had sbme.,discussion. about whether we had enough information to proceed with the S.I..D. Councilman Springer inquired when we would have. the..,! -public. b6a.ring..', City Attorney Neier estimated about 30 :days and .theyr concluded... it-;woul.dl, probably be.at the May 6.co:un:c:il meeting. 298 RESOLUTION #3569 Councilman Nystul moved to adopt Resolution #3569, a res:oluti.on of intention :tor' -:create : Special Improvement District #337. Councilman- Springer seconded. Moti,o.n passed on a roll call vote. Councilman Nystul reported tie, Contractor had people on site at the Secondary Treatment Pliant and' they are making. progress. The Mayor' commented about 85-95% of the problems have been taken care of. ANNEXATION Counciiman.Manning _reporting.: ORDINANCE 1054-.:First.Read.ing Councilman Manning: read Ordinance 105.4,:.&ry ordinance deleting Section 6.14 of the, 'City of Kalispell Zoning Ordinances and' ' so. moved. Cowic.ilman Nystul seconded. Motion. carried on, roll call vote;. ORDINANCE 1055 - First Reading Councilman Manning requested three minor,.,cor_rect�ions be made•to-the proposed ordinance before :first reading: Reference to eight members should be changed to nine;. add:i.n reference to a ninth member to be elected by the city -county appointees with confirmation of governing bodies, and add in vacancy of said member shall be filled in similar manner by appointment. or: el:e.cai.on,. Councilman Manning. read Ordinance 1055., as..amended, an ordinance amending Secti;on_:2..02 of the City.of Kalispell Zoning Ordinances and so moved.. Counc lman,:Springer .setonded: Councilman',Nystul asked if the intent,.of the amendment was to allow the fifth member of the City Zoning; Commission to participate in Planning Commission action and Councilma:n.�Manning concurred. He also asked about Mr. Donahue!s. objections. Councilman Manning responded that the city members of the boards participate in decisions on propertiesin the county jurisdictional area. Councilman'°Raiz..and.,.Councilman.Manning discussed the makeup and -role -.:of the various °boards involved. Councilman.Ruiz'felt county members didn't have:any inter'est.`in.city jurisd ctional.-decisions. Counclman.,.Schindler said he:. ;was against the amendment for the same reasons Mr Donahue presented:...:::; Councilman Ruiz ..asic-ed Counc lmah :;Manning . if:;this would lessen the work load. He said'it would.; and gave :an example Councilmen Sc. hinc7ler;. ,;said he:didn't like...co4nty , people making' city decisions.. Councilman Palmer 'reminded these.,are only advisory.,boa,rds and the Council has:.the.final .say.. Councilman Ruiz said he would speak against the motion. Councilman Shc'indler asked:: if;; the: bylaws -could : be changed to ' allow only City members paxticipate;in c:tyJmatters. City. -.Attorney Neier.stated .the fifth member would solve.. pr,obl.ems-of .a tie vote. The Whitefish,and:Columbia Falls.,: :boards were discussed and Mr. Donahue pointed out,.thek have extraterritbrial: jurisdiction and we don't. On a,:Roll ;Call, Vote. Councilmen :;Nystu.l, Manning, Palmer, and Springer voted' , aye.. a.n4. , Councilmen :_Schindle,r and Ruiz. voted no. Mot ion car k i.ed . Councilman M .reported Co,un.cl; ;anning man Nyst.ul..:had. .roughed .out an Extension of Sexvic,ea: policy Wand he: Would:l..ike.:to schedule a joint meeting with the Sewer and Water Committee to. review- it. The Meeting will be Wednesday March'20, 1985. at 3:.00 .P,.!&, STREET:;.& :ALLEY Councilman :Palme;r reporting DPW Hammer requested a joint meeting with ..the Sewer and Water Committee and it was scheduled for Thursday' March 21.'. 19$,5 at - 4: 00 . Councilman Palmeir reported on the; ;p.ropos.ed n.ew :'Standards . of Construction and.'.would like to amend i,the: pa .agraph .referr. 49 to_ the verbal stop work order. He would like:the:oi.der to be .followed. up„w,ith.a written notice within 24 hours. City Surveyor Zavodny saidthat would be fine. 299 RESOLUTION_#3570 Councilman Palmer read Resolution 3570,, a resolution to adopt these standards and moved it be adopted. Councilman Nystul seconded. Motion carried on roll call vote. SAFETY_ No Report; PARKS - Councilman -Springer Reporting We have received a formal opinion from City .Attorney Neier stating we can sell Griffin Park. Councilman Springer read the opinion. He said he ..would like to add it's not the intention of the Council to remove the name of Griffin from any future field and they would use the proceeds from the sale of the present park for replacement of Griffin Park. The Swimming Pool Bids were awarded at the Committee Meeting on the 15th after removal of approximately $41,100 of items from the Stewart & Janes bid. Councilman Manning will chair a Parks Advisory Committee. meeting March 25, 1985. The topic will be Lawrence Park. Councilman Ruiz asked if the $15,000 allocated to get the Swimming Pool project started would be repaid from the money now '.available. Councilman Springer said that commitment would be honored. Councilman Manning asked a report be prepared, outlining the effect on all City departments if Lawrence Park were .to be given up. Council consensus was to present this report to the Parks Committee at a Meeting to be held on March 27, 1985 at 4:0:0. CITY DEVELOPMENT - Councilman Manning Reporting, Councilman Manning read the cover letter from the Community Development Annual Report. Director Ed Gallagher said it was being submitted per the legal requirements of the Program. Councilman Ruiz asked about the status of the projects listed on page 3. under Tax Increment. The only project completed is the Hockaday roof. Planning is progressing on the rest. He also asked if the figure shown to be generated for next year was correct. Mr Gallagher said this figure had been generated by the Finance Director and was correct. EMPLOYMENT - No Report FINANCE - Councilman Ruiz Reporting Councilman Ruiz asked how much time we had to consider the Legal Advertising Bid. City Attorney Neier said usually we have up to 45 days to consider bids. Councilman Ruiz then scheduled a Finance Committee meeting for March 25,1985 at.4:0'0 P.M. MISCELLANEOUS Councilman Palmer moved the License Bonds found in, order by the City Attorney be approved. Councilman Schindler seconded..; Motion Carried. .Councilman Nystul said we are required to give',90 day notice if we decide to not participate in the Flathead Regional Development Interlocal Cooperative Agreement so if we did not:ntend to participate that decision should be made soon. Councilmen Manning and Palmer both stated they 'felt the office was doing :good work and we should continue the agreement. No action was taken. Councilman Ruiz reported Chief 5tefanic hadprovided corrected information for the monthly report. Chief Stefanic and the Mayor commented the program was working well and another grant has been received to continue the DUI program.