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08/05/85 City Council Minutes339 ,.THE . REGjJLAR EET NG OF;:THE KALISP.a4 CITY C.OU pIL .WAS..HELD:_AT 7:30 :P.M.. MONTiAY. AIIGIIST 5,, 1985 IN THE COUNCIL.,QHAMBERS AT CITY. HALL.. 1. MAYQR..MeDOWELL::PRESIDED. ;COUNCILMAN GRAINGER WAS ABSENT,ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Counoilman:.Nystul moved .the.minutes of the July 15, 1..9�8,5.regular meeting be approved as Presented. 'Councilman Schindler seconded and the motion, carried. PUBLIC HEARINGS. South Airport Runway 'Addition No.183 There were no opponents'or proponents. New Golf Course Addition No.184 There were op :QPp_vnents . Pr Proponents., Parkvie4 terrace Lift Station Addition No.185 There were no opponents,,or.. proponents.. Nigg Addition to :186 There w,gpe no opp' onents . or proponents.. Robbin'Zone.Change request Proponents.: Attorney;pteve;.Cum�aings of; Murphy. Robinson Heekathorn_:.and Phillips, spoke -in favor of the zone„ change request.;.;. _. Opponents: Mary Stillman, residing at 33 E. California, and Bruce'1Cunningham, of 767 N. Main, spoke against granting the request. The city has also: received four written .protests which.: are on f le. in ,the:City,'-.Clerks office. ADDRESSING THE CDUNCIL Tom Hurlock, 417 Third. Street West,, addressed the council, requesting ,the city improve the neighborhood by establishing a bus system and the city replace the trees on Third Street West and.-Fifich_Avenue.West. COMITTEE REPORTS , ANNEXATION Resolution::3605.......: Councilman Manningread $eollution 605. a resolution.:.'to_.a 3 Wrier Nigg addition No:1$6,,' and so moved. Councilman Palmer seconded. Councilman Nystul' requested it be understoo4 the:`property owners.. .:,mould .participate 'in the improvements the entire distance into.the property. Motion carried upon roll call. vote.;:. Ordinance 106 Councilman.Manning presented.the First heading of Robbin Zoning Ordinance Amendment and so moved. „,.Coun.cilmaa.Palmer seconded. Councilman Ruiz.spoke against granting the request and referred to the ,original variance request .fr..om. Terry Wegg44and:. "I, Terry Weggeland,'':residing at 5:69 North. Main : Street y intend .to ::operate, a Telephone Answering..Service and Central Station.Alarm,:Monitoring Service at.my residence. liGated: ab v's.:.. There ,will-.. be. no :-exteridr remodeling of the. building. Operation of, busir)eos,_requir.es_ minimal .foot tra-fz-e:•land'. parking -facilities.. -- There will be no neighborhood noise. pollution or'TY'inter erence. There will be.: a small, sign at- the front door proximately .9 .x .12n, the same, sign... will ._ appear at.the back loor."'.:. Councilman Ruiz continued, "there is now a two story building with a separate.business on the , back of the property". He also referred to the "Hellerft propertyand the changes to :.that pr.opertg.:sinee the. zone change was granted. He presented these examples of what_ .could., happen .if. a .variance. is granted, Councilman Schindlerstated granting a. variance to Courtesy. Services was a..mistake and this would cvmp..nd:.' that: :.rai stake.- Cowcilman Manna ng . stated .: the committee, .-had ]rooked:, at,. tho;,.prvperty_'.aiid agreed to go along with, the B-2 zone :Mange, : Councilman Saverud .was ,conoerned that. _we . would . no lcang+ r_ be or:other ..streets . oother existing boundaries to?.separate zones we will have'a lot more of these fragmented cases. 3�0 Couvoilma m' Rui. :i_f''there were .any :written petitions; supporting this cone -change. Cool eii"man Manner :Mated none 'had- been'..received. Upon R611,Call [rote Councilmen Manning; Palmer, and Springer voted aye and Councilmen Schindler, Saverud, Ruizand Nystul voted no. Ordinance defeated. Ordi nance 1063 Councilman Manning presentedifor second reading. Ordinance 1063 an ordinance to annex Assembly of God:Addition #1.$0 and so.moved. Councilman Palmer seconded and'the motion carried upon roll call voter STREET..& ALLEY . DEPOT LOOP ROAD Councilman Palmer moved the City start the necessary-pr.0cedures to'close the Depot -Loop Road and Councilman Schindler seconded: Councilman Nystul recommended the traffic be meni:tored before any action lie'`taken. Councilman Palmer responded the planning should start now. The motion carried with Councilman.Schindler voting no. FIFTH AVENUE WEST . ,STREET WIDTH Councilman ;Palmer explained the need' for replacing service lines and repairing -the street':' :and explained �. the':,..:map Ah6*ih9 the . "blocks ;'invo -V and': the a mmitts,ew s recommedations. He then asked the council for its recommendation.: May.Ori.MoDow'ell suggested eliminating parking and leave the.street widths and' tre'es:_'as Martin Huggins, of 527 Fifth Ave.::West presented a report to the council contain2ng an inventory: , of.: trees oa..the street .anal.) their: condition : an-dreviewed the report. Norma Jeanne ,Gates, of! .310 Fifth Ave. West presented a petition from taxpayers in the area protecting the removing,Qf.-_Boulevard trees for the widening of Fifth'4venue West .. • „ Mr. Huggins introduced Marvin Rioheal.of 530 4th Ave.-2W., a professional forester the residents had hired to investigate the heath of- the, trees. Mr. Richeal stated he would answer any questions about the -health of the trees.. Other citizens speaking,:against removing ..trees effi :the street included Karen:Breck, Gaye Moddz,6ll., Floyd-Skogen :'Alma Juargens _ .06 Harry..1-aylor, J. ;.:The Mayor .'asked ;the residents in..attendance.>i� they would be.."willing • to do- -without parking on 'fifth and tbeyy: said. yes.. - Councilman :Schindl-er:,spoke against.widening the street, Councilman Ruiz spoke against .widening the .,sheet: and .didn't see how•we.:-could finance even a minimum project. Councilman S , . p o. be '.fixed bwt averud stated the services are in oar eonditior�...and have°� he is not in, favor°: of ..a` mini bypass". Councilman P.alier'seyiewed_the history::and planning-.af the.preS'ect andsuggested. the three separate ,se�tib,na of 'the, project Ybe 'voted -on indi�c�dually.,. Counoilman :Palmer moved: Fifth Ave Wast.,'from.West Canter. Street to West Second, Street be widened to:41 Feet. Councilman Nyst,til see onded. Moti6n:;defeated 4 against and 3 in .. favor..: . Councilman Springer moved, 'the ser vi.ee .: improvemenidl-ibe . imstAlled and. ,the 'street : rebuilt within the existing widths and Councilman Schindler' secor d:ed. � Councilmen Palmer and Manning felt there was a need for a 'wider street between Center and Second. Council Saverud moved to amend the Motion to allow for.:.a t,ransitional..area..ore,the. 1DO Blook; rof .Fifth ,Ave West: t'o incorporaie';the traffic flow with the possible signalization of Center :,arAd,'; Fifth.,.;; outncilman . Nyrstul: Winded..:.: After .:.discussion. the.-ameAftent was ,passed with 'Couiicil*an. Schindler !voting no. TY 0e ,motion -as amend d,: passed-.wi:th Councilman''.Ny.�tu .we ng . no. ■ 341 gQXP : PLANT. - PAPTNG r �PNE, � Ordinance 01"062 Councilman Palmer presented Second Reading of Ordinance #1062,,an oidi.nanee to prohibit vehicle parking-on.the'north side.of.Oregon Street f,roin Main.Street for a distance of 50. feet east of the curb line of Main Street and on the south side of Oregon Street from Main Street to First Alley East between the hours of 7:00 A. M. and 6z00-P.M. and so moved. Councilman Nystul seconded and the motion carried upon roll call vote. Loading zone. Councilman Palmer moved a Loading Zone be implemented in front of the Coca Cola Plant for the.hours of 1-5 Monday, through Friday . and Councilziin„ Vystul'"seeonded. "Motion carried. ORDINANCE #1062-A This ordinance was dropped after first reading. It.was felt the parking zone was sufficient. RESOLUTION 3606 Councilman Palmer moved to adopt Resolution #3606, a resolution ordering in curbs on Washington Street. Councilman Nystul seconded and the resolution passed upon roll call vote. Mary Ptillman addressed the council and stated she approved of our mayor council system, of government and they don't get much thanks and she thanked them. SAFETY Councilman Schindler moved the business license bonds found. in order by the City Ati;arney_te,approvPd. Councilman.Saverud seconded and the motion carried. Mayor McDowell read a letter the Fire Chief requesting appointment of Donald Peterson as Fire Captain. Councilman Schindler so moved and Councilman Nystul,Seconded. Motion carried.. PARES GRIFFIN FIELD REPLACEMENT REPORT. Councilman Manning reviewed the Committee's decision to suggest approval.of the FVCC Site proposal. Councilman Springer also spoke in favor of -the committee recommendation. Councilman.Nystul presented the minority report favoring the Begg site proposal. Councilman Schindler spoke in favor of the Begg.-site, stating the Legion people preferred that site. Councilman Ruiz spoke against the college site. Harley.Gosney, with VOCL, stated the group was definitely against.'the.college site and would do whatever thdy:had`to'do to prevent selection of that site. Howard Fryette, with the College spoke in favor the College ,site. Lee Smith, representing the Kalispell Lakers, stated they needed more land than what was proposed at the.college site and felt the city should.own tbe.land. Jerry Pegg spoke in favor of his site. Councilman Saverud spoke against reinvesting the Griffin Park proceeds.in property the city doesnTt own, Councilman Palmer said he was in favor of interlocal agreements but was concerned if for some reason the college property was not developed. Pieter Drent stated we could start developing the Begg property sooner. Councilman Ruiz suggested any Interlocal Agreement with the College.should be done by the County and not the City. Councilman Manning moved the Council accept the. Flathead, Valley Community College proposal for an Interlocal Agreement. Councilman.,Sohindler seconded. No one voted in favor of the motion. Councilman Manning moved the council accept the Jerry Begg proposal.for relocating the Legion Field. Councilman Springer seconded. 342 Councilman Palmer asked for an outline of the c6nditi6ns'involved in the`Begg property and,requested,they .be`made a part of the minutes. 11. Legion'7iOloi is the prizary- use 2.. The city wi'11"''put, .ia 0 Pop erly' -siz ed : services f_or=added development. 3. The city will provide a crossing of Ashley Creek for access to other city owned 0Popdrty_and to South:Meadows subdivision. Motion carried. Councilman Ruiz moved the additional- $30,000 .of Revenue Sharing money be used for start up .'.'costs "of :'reloeatiftg :Griffin Field to:. -be repaid -from. proceeds of sale of Gr ffin'Park. Councilman Manning seconded and the motion.earried. Bruckhauser Pool.Status Report Parks Superintent Drent stated he hoped the pool.would be open this we en CITY.DEVIIAPMENT - no report EMPLOYMENT - no report FINANCE Councilman Ruiz moved the claims. found in order -.by the Finance Committee be approved for payment. Councilman.Schindler seconded and the motion carried. Councilman Ruiz reminded the couneil.af-the.-Budget'Hearing set- for 7:30 pm August 7, 1965. SEWER & . WATER Councilman`.Nystul announced there would be a.joint.Sewer & . Water, Annexation Committee -meeting August 6, 1985 at 4:00 P. M. Resolution 3607 Councilman Nystul read. Resolution #3607, a resolution authorizing final acceptance -of the Kalispell Sludge Management —Facility .and so -moved.. Councilman Schindler -seconded and the motion passed upon roll call vote. on variance procedures and the MISCELLANEOUS Harry 'Tay1br, Chairman of,the Variance Board, reported need to police and.enforee the variances granted. Councilman, Palmer .asked if a var4iinee had ever been rescinded and Mr. Taylor said he di�dn' t kiioW of any_. The meeting was adjourned at 11:00-pm. Approved as ,cot­ract.ed August 12, 1985 .Mayo ATTEST: Don Halver,.Clerk/Treasurer 1