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04/01/85 City Council Minutes301 THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY APRIL 1, 1985 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR McDOWELL PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Nystul moved the minutes of the March 18, 1985 regular meeting be approved as presented, Councilman Grainger seconded and the motion carried. PUBLIC HEARINGS; PRELIMINARY PLAT APPROVAL FOR TWO MILE VISTA APARTMENTS, There were no proponents wishing to address the council. Opponents: Janet Sands, of 500 Two Mile Drive, asked if Two Mile Drive could handle the additional traffic and said the development would affect her view. Councilman Manning said the Planning Board requested a 60 foot easement for projected widening of the road. She asked if the impact on the School district had been addressed. C. Manning said the development would eventually contribute 40 to 70 students and the District can accomodate them although the elementary students will have to be bussed to other schools because of the overcrowding of Russell School, Rex Boller, representing Crop Hail Management, said he did not oppose the project but he did have a couple of concerns he would like to address. There is a problem in trying to make a left turn onto Meridian from Two Mile Drive during rush hour traffic and a lot of people are going through the Mall parking lot. He would like to see these traffic problems addressed. He also would like to have some landscaping done on the border between the Two Mile Vista property and the Crop Hail Property, There being no other opponents the Mayor declared the Public Hearing closed. PRELIMINARY PLAT APPROVAL FOR SOUTH MAIN PLAZA The Mayor opened the Public Hearing on the Preliminary Plat Approval for South Main Plaza. There was no one responding to his call for proponents and no one wishing to oppose. The Mayor declared the Public Hearing closed. GOLF ASSOCIATION Mayor McDowell called on Councilman Ruiz to present a report from the Golf Association. Councilman Ruiz said before he read the letter he would like to present some remarks that the Association would like to have on record. In 1946 the Articles of Incorporation of The Kalispell Golf Asociation were amended and the intent of the Association at that time still exists. It is a City owned Golf Course leased to the Association to promote golfing in the area, and to use the facility in any other recreational manner that it can be used for, This includes the clubhouse and all the other leasehold improvements. The property in question today does not include Lawrence Park and it was never intended to include Lawrence Park. The property in question is platted as "The Kalispell Golf Course Addition"; platted in 1950 and leased to the Golf Association since then, The Association wants it on record that the property has been intended for golf course development for 35 years. We do not want to become involved in a controversy over whether the property should be used for nine holes or not. We had always assumed that at the time we were ready to develop that property we could go ahead and do it. "From a Councilman's point of view, the input I have received from our Parks Superintendent and our Public Works Director would indicate the City is not in the least bit compatible with the idea of developing nine additional holes there. They would like to use that property for other purposes." Basically, the Association does not want to become involved in any controversy; they would like to continue their association with the city in a manner beneficial to both sides and to continue to provide recreation facilities for those people that are interested in them. Councilman Ruiz read the letter from the Golf Association: To: Kalispell City Council From: Marlin Hanson, President of the Kalispell Golf Association RE: proposed 9-hole addition to the existing golf course The Kalispell Golf Association Board of Directors and General Manager Mary Combs, meeting at noon, April 1, 1985, has unanimously voted to withdraw at this time its intention to develop another nine holes on city property 302 adjacent to Lawrence Park, known as the "Golf Course Addition." It is our belief that the conditions and limitations proposed make our plans unworkable, even if the Kalispell City Council were to adopt an intention to lease the referenced property. The Association would request that any development of the property should face the same proposed conditions and limitations. And, within three years, if planned development of the area has not met the necessary conditions and limitations set forth by the Council, then the Association again would be interested in developing the property if it can be shown that adequate cooperation exists. The Association still has plans to expand to 36 holes, but until we see 100% cooperation with our efforts, the Association is not ready to commit the time, money or effort that would be needed. We appreciate the Council's efforts to proceed with developing the area, but the Association is not willing to pursue another nine holes in this area at this time. Sincerely, Marlin Hanson President Kalispell Golf Association ADDRESSING THE COUNCIL Fred Longhart of 510 Two Mile Drive asked to speak in opposition to the Two Mile Vista Development and apologized for being late for the public hearing. He was concerned about the increased traffic and also was afraid that high density development would cross to the north side of the street. COMMITTEE REPORTS: FINANCE Councilman Ruiz moved the Claims found in order by the Finance Committee be approved for payment. Councilman Schindler seconded and the motion carried. SEWER & WATER Councilman Nystul requested, and the Council concurred, the Mayor ask Mr. Keenan, of the Department of Health and Environmental Sciences, for clarification on Mr. Keenan's request we have professional supervision for the work required to be done by the state's order. Councilman Nystul felt that Mr. Keenan was being presumptuous in inferring that we do not operate our plant with professional people. C. Nystul said the article in the Inter Lake pretty well describes the problem with the treatment plant and he reviewed what the problem was. He pointed out that our Chief Operator stated this action will not bring us into compliance on the B.O.D. requirements. The Sewer and Water committee will -decide before the next Council meeting whether or not to appeal the State's order. Concerning the Sludge Handling Facility Construction, the contractor is making progress but the city is not ready yet to approve final payment. RESOLUTION #3571 The City Attorney has obtained an appraisal of the city owned lot on North Meridian, north of the Circle K. Councilman Nystul reported there is some development in the area which would make it advantageous at this time for the City to offer this lot for sale. The property will be sold by competitive bids. Councilman Nystul asked for a Special Council Meeting for April 11, 1985 at 4:00 P.M. to open bids. Councilman Nystul moved adoption of Resolution 3571, a resolution of intention to sell certain real property.owned by the City of Kalispell. Councilman Ruiz seconded and the motion passed on roll call vote with Councilman Palmer abstaining. ANNEXATION MAHUGH ZONE CHANGE REQUEST. Councilman Manning reported the committee is not making a recommendation on the request. He moved to accept the findings of fact and enter them in the minutes. Councilman Springer seconded for the purpose of discussion. City Attorney Neier reviewed the Findings of Fact and Conclusion. After extensive discussion concerning the findings of .fact and general procedures concerning action on the zone change request, a roll call vote was held on the motion. All councilmen voted no. Motion failed. ORDINANCE #1056 Councilman Manning read,Ordinance 1056, an ordinance to amend Section 5.10, official Zoning Map of The City of Kalispell Zoning Ordinance, Ordinance 885 to change Lot 7-12, Block 228, Kalispell Original, from single family residential R-4 to neighborhood professional, B-2, and to provide an effective date. He so moved and Councilman 303 Schindler Seconded. The Motion was unanimously defeated on roll call vote. SECOND READING, ORDINANCE #1054 Councilman Manning read Ordinance 1054, an ordinance to amend the City of Kalispell Zoning Ordinance #885 as amended by Ordinance #971 by deleting therefrom Section 6.14 of said Zoning Ordinance and to provide an effective date. Councilman Manning so moved and Councilman Palmer seconded. Motion passed on roll call vote. SECOND READING, ORDINANCE #1055 Councilman Manning read Ordinance 1055, an ordinance to amend Section 2.02 of the City of Kalispell Zoning Ordinance #885 as amended by Ordinance #981 by combining the function and membership of the City of Kalispell Zoning Commission -and the Kalispell City -County Planning Board and to provide an effective date. Councilman Manning so moved and Councilman Palmer seconded. Roll call vote. Councilmen Ruiz and Schindler voted no. Motion carried. TWO MILE VISTA APARTMENTS Councilman Manning reviewed the conditions for approval of Two Mile Vista Apartments drawn up by the Flathead Regional Development Office including the amendments the Annexation Committee is recommending. One major recommendaton would be the payment of $10,700 in lieu of park lands. RESOLUTION #3572 Councilman Manning moved for adoption of Resolution 3572, a resolution conditionally approving the Preliminary Plat of Two Mile Vista Apartments as amended. Councilman Springer seconded. There was some discussion about traffic flow from this development and a question about whether there was access through the Gateway West Mall Parking Lot and Financial Avenue. DPW Hammer said the site plans did not provide for a connection between the Mall and this road. Councilman Palmer requested DPW Hammer present a report on this to the Street & Alley Committee. The Motion carried on roll call vote. SOUTH MAIN PLAZA Councilman Manning reviewed the proposal for South Main Plaza and the conditions applying to its approval. The Annexation Committee recommended the Alley be paved by the developer from their south boundary north to 11th Street. RESOLUTION #3573 Councilman Manning moved for adaption of Resolution 3573, a resolution conditionally approving the Preliminary Plat of South Main Plaza, as amended. Councilman Springer seconded. There was discussion among Council members concerning the need to make the alley a one-way alley. The original recommendation stood. Motion carried on a roll call vote. FINANCIAL SERVICES ZONE CHANGE REQUEST The Committee recommended to the Council to refer this request to the Zoning Commission to make a recommendation back to the Council. Councilman Manning so moved and Councilman Nystul seconded. Motion Carried. Councilman Manning moved the Mayor sign the Preliminary Plats of Two Mile Vista and South Main Plaza with the Resolution numbers attached. Councilman Nystul seconded and the motion carried. STREET & ALLEY Councilman Palmer reported on the proposal received from the Kalispell Lakers Baseball team. When the City contracted to purchase the Sidearm Loader Garbage Truck and the associated containers, the vendor bid $8000.00 for the assembly and placement of these containers. The Committee has accepted a proposal from the Lakers to do this work for $$,425.00. Councilman Palmer presented the following Committee statement: "A recommendation from the Street and Alley Committee is in the form of a request. Due to the fact that the construction period is now upon us it seems that there are a number of grievances. The Street and Alley Committee respectfully request that the Employment Committee would discuss with the Mayor and -the union representatives the problems and identify and recommend a solution to them. We would hope that this report could be prior to the April 15 Council Meeting." The Mayor responded, stating the existing grievances are progressing through the proper channels, there have been no new grievances filed since the Employment Committee took action on the existing grievances last week, and they could all be settled this 304 Thursday. SAFETY Councilman Schindler reported there will be a Committee Meeting following the Special Meeting on Thursday April 11, 1985. PARKS Councilman Springer complimented Councilman Manning on "his perseverence over the last seven months in attempting to resolve what's obviously been a thorn for me and to finally develop what would have been. presented at this time to the Council for consideration." He said he didn't think this was over yet; he still feels this Council must do something. Efforts should be made by theadministration to continue to identify other groups interested in developing this property. He thinks this process should be monitored by the Council or the Parks Committee so that something gets done and the property does not continue to sit undeveloped. Councilman Springer moved the council direct the DPW and Parks Director to formally identify these groups and do what they can to assure some kind of structure be created and every effort be given to commence development of alternatives for that property we keep talking about as Lawrence Park. Councilman Ruiz seconded. Councilman Ruiz requested entry of comments from DPW and the Parks Director as to how the Lawrence Park Property should be developed, along with the Police Chiefs. "The Police Chief's concern was the remote location of the improved portion of the park makes it difficult to patrol. Problems in the area include frequent beer parties by juveniles, large fights, vandalism and sex offenses. He is asking that strong attention be given to security, perimeter control and crime prevention." "The Public Works Department feels the. best use for that property is to use it as a gravel pit and make sure we have access to the Sewer District Force Main, to continue to dump our snow there and leaves will be dumped there and the Street Department also uses that property to dump soil, gravel, asphalt and, other debris from street excavations. Beginning this summer, the Street Department will stockpile the old asphalt for future use of recycling; and keep seperate the soil and so on." "The Parks Director determined there are more than enough 18 hole Golf Courses in the area, and we don't have to concern ourselves further with developing any other golf ` properties; we should be looking to develop this as park land, areas for relocation of ball fields and with the overcrowding of woodland Park, Lawrence Park could be developed to ease the strain on that." "We also have a proposal from Gail Downey, representing the Flathead Group of the Sierra Club, the Audabon Society, and Flathead Wildlife Incorporated and she has listed some six pages of development for that park, and I think those concerns should be addressed by the Parks Committee."... "I would advise the Council we are interested in these things being developed at no costto the city." Councilman Schindler asked if this issue would go back to the Parks Advisory Committee. Councilman Ruiz thought that would be a step backward. Discussion continued among Council members concerning guidelines and conditions the Golf Association or any other developer would be subject to. Councilman Ruiz referred to the document with the requirements established by the city for development of the park and said he felt these conditions should apply to any other group wanting to develop the park. Councilman Palmer reminded Councilman Ruiz that the standards referred to have not been adapted by the council. Councilman Manning explained the proposed guidelines. He said he had developed them from the concerns presented at the Advisory Meetings and he had prepared it with the intention of reviewing themat the meeting tonight. Councilman Manning moved the motion be amended to.include forming a Special Committee with Marvin Combs, Pieter Drent, Dr. David Downey and any others interested, and a criteria for development of the property be adapted. Councilman Palmer seconded. DPW Hammer addressed the Council and explained the report he had prepared was his professional opinion on the needs of the city and he resented any allegations that he had injected personal opinions in this. The Mayor added he had asked all department heads to report on present city needs and uses for the park and the effect future development may have on their needs. Councilman Ruiz stated he agreed with Ken Hammer wholeheartedly and that was the manner in which he presented the reports. Councilman Manning wanted to clarify his amendment motion by stating we should use his proposed criteria as an outline and develop criteria by which we address issues such as 1 305 this. The amendment carried. The original motion as amended carried. RESOLUTION 3574 Councilman Springer Moved for adoption of Resolution 3574, a resolution relating to $550,000 General Obligation, Series 1985; determining the form and details, authorizing the execution and delivery and levying taxes for the payment thereof. Councilman Schindler seconded. Motion carried. CITY DEVELOPMENT Councilman Saverud reported the City has finally received the contract from the State Department of Commerce regarding our second year of the Block Grant Program. EMPLOYMENT - No Report MISCELLANEOUS Councilman Grainger moved the License Bonds approved by the City Attorney be accepted. Councilman Schindler seconded and the motion carried. Councilman Manning announced an Annexation Committee meeting for April 15, 1985 at 4:00 P.M. City Attorney Neier presented the proposed new Ward Map designed to comply with the latest Census Figures. He presented the following Ward populations under this proposal; Ward 1-2696, Ward 2-2659, Ward 3-2564, Ward 4- 2612. He recommended the Council review this proposal and adopt by ordinance as soon as possible. The Mayor read the Letter of Resignation of Building Official Alan Petersen effective April 19, 1985. The Mayor said he had talked at length with Alan about this and it is what Alan wants to do and he accepts the resignation with regret because he has done a good job for the City of Kalispell and will surely be missed. Meeting adjourned 10:10 P.M. Approved as presented April 15, 1985 1 )•w --y1ay • 77 ATTEST: Don Halver, Clerk/Treasurer