07/03/78 City Council Minutes337
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M., MONDAY, JULY
3, 1978 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP ABSENT. COUNCILMEN WILLIAMS,
ALIEN, O'BOYLE, SAVERUD, GRANMO AND GRAINGER ABSENT. COUNCILMEN GRIFFIN AND DALEY
PRESENT. COUNCIL PRESIDENT DALEY PRESIDED.
PUBLIC HEARINGS
SID #325 -(South Meadows Addition #89)
SID #326 -(Park View Terrace Addition #85)
Summit Ridge Annexation #1 Addition 90
1 No one appeared to protest either of the SID's or the annexation.
Not having a quorum, Acting Mayor Daley recessed the meeting until 7:30 P. M., Friday,
July 7th. 1
THE REGULAR MEETING OF JULY 3, 1978 RECONVENED AT 7:30 P. M., FRIDAY, JULY 7, 1978 IN THE
COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDID. COUNCILMEN ALIEN AND GRAINGER WERE
ABSENT. ALL OTHER COUNCILMEN WERE PRESENT.
FAsy 7$�l ununYu
Councilman Williams moved that the minutes of the regular meeting of June 19, 1978 be
approved as presented. Seconded by Councilman Saverad. Motion carried.
Councilman Williams moved that the minutes of the special meeting of June 26, 1978 be
approved as presented. Seconded by Councilman Griffin. Motion carried.
ADDRESSING THE COUNCIL
Allen Frederickson, 302 6th Ave. West, presented the following petition signed by 69
residents in the area of 6th and 7th Avenues West:
To The Hon. Norma Happ, Mayor, City of Kalispell and members of the City
Council;
We the undersigned citizens of Kalispell present this petition to the Mayor
and members of the City Council in protest to the deplorable condition of
the streets in our area. Namely 6th Avenue West between 2nd and 4th Streets
West; 3rd Street West between 6th Avenue West and 7th Avenue West; 7th Avenue
between lst Street and 5th Street West.
Portions of these streets were excavated last August 1977 and for 1 solid year
we have endured ankle deep mud or clouds of dense dust. Most front enty-mmces
are totally un-approachable on foot._
Patience and indulgence with continued delays can no longer be endured.
We make this urgent demand upon you to rectify these conditions immediately.
The petition was referred to Director of Public Works Kain for recommendation.
Dale Haarry Chairman of the City -County Planning Board, addressed the council concerning
zoning beyond the city limits. The Board recommended the following: "That theKalispell
City-County Planning Board, acting as a Zoning Commission, recommend to the Kalispell
City Council, that an area approximately three miles from the city limits be zoned SAG-1."
and
"that the reason this is necessary is in order to facilitate the goal of zoning in the
jurisdictional area."
This would limit commercial building unless a variance was granted until the area could
be properly zoned.
8 q 8
Approximately 25 persons were present in opposition to the recommendation. Attorney
Dale McGarvey spoke against the recommendation because it would prohibit any commercial
buildings on the Strip in Evergreen where he is a property owner.
County Commissioner Guay was very opposed to the recommendation. He stated that the
proposal was dangerous - that it placed a moratorium on commercial building - would work
great hardships.
Attorney McGarvey spoke again opposing the recommendation and asked the council to go on
record as rejecting the proposal.
Mr. Has= explained that this recommendation would work for people in that someone
might have an expensive home and a trailer court could be built adjacent without a
public hearing or any input from the homeowner. This was the reason for the
moratorium-- just to gain enough time to zone the area.
After a 45 minute discussion, Councilman Granmo moved to refer the recommendation to
the annexation committee. Seconded by Councilman Daley. Motion carried.
Fred Hansen, real estate broker, representing Corner Pockets of America, stated that
the request for a variance to build a store was rejected by a bare quorum of the Board
of Adjustment. The reason for the rejection was because the residents in the area
objected to the serving of wine and beer and too much late night traffic. The area
concerned is in Bakers Southside Addition between 1st Avenue West and Airport Road.
The following petition, signed by 23 residents of the area, was presented to the council
by Mr. Victor Baker, 1404 Airport Rd.:
We, the undersigned, do oppose the granting of a variance for the selling or
serving of alcoholic beverages on the premises of Lots 1, 2, 3, 22, 23,and 24 of
BAKER'S SOUTHSIDE ADDITION TO KALISPELL
Speaking against the request for a variance was Mr. Baker and Mrs. Connelly. They both
reiterated the reason as being too much late night traffic in the area.
Mr. Tom Williams, Exec. Vice President of Corner Pockets of America; -from Billings,
told the council that they would be willing to change their 2 exits from 1st Avenue
West to Airport Road if that would help the traffic problem.
After more discussion, Councilman Daley moved to refer the request for a variance for
Corner Pockets of America to the city development committee, to report back the first
meeting in August. Seconded by Councilman O'Boyle. Motioncarried.
John Brice, Director of the Hockaday Art Center, asked permission to charge admission
to an open air Shakesperian Play to be presented in Lawrence Park on July 29th and
permission to charge artists $20.00 each to display their work in the Courthouse Park
on August 11, 12 and 13.
Councilman Daley, Chairman of the Parks Committee, stated that he would have a committee
meeting and consider the two requests.
PUBLIC HEARINGS
SID #325
RESOLUTION #3181
There being no protests, Councilman Williams moved to adopt Resolution #3181 a resolution
creating Special Improvement District #325 for the purpose of construction of streets,
curbs and gutters, two arch culverts, a storm drain and sanitary sewer system.
Seconded by Councilman Griffin. Roll call vote. All voted aye.
RESOLUTION #3183
Councilman. Williams moved to adopt Resolution #3183 a resolution providing for the sale
of bonds for Special Improvement District #325. Seconded by Councilman Griffin. Roll
call vote. All voted aye.
RESOLUTION #3185
Councilman Williams moved to adopt Resolution #3185 a resolution providing for the call
for construction bids for Special Improvement District #325. Seconded by Councilman
Griffin. Roll call vote. All voted aye.
PAGE 339
SID ##326
RESOLUTION ##3180
There being no protests, Councilman Williams moved to adopt Resolution ##3182 a resolution
creating Special Improvement District ##326 for the purpose of constructing streets, curbs
and gutter, water facilities and a sanitary sewer system. Seconded by Councilman Griffin.
Roll call vote. All voted aye.
RESOLUTION ##3182
Councilman Williams moved to adopt Resolution ##3182 a resolution providing for the sale
of bonds, Special Improvement District ##326. Seconded by Councilman Griffin. Roll
call vote. All voted aye.
RESOLUTION ##3184
Councilman Griffin moved to adopt Resolution ##3184 a resolution providing for the call
for construction bids for Special Improvement District ##326. Seconded by Councilman
Williams. Roll call vote. All voted aye.
Councilman Daley moved that Thomas, Dean & Hoskins be appointed engineering firm to
handle SID ##326. Seconded by Councilman Williams. Motion carried.
ORDINANCE ##895
There being no protests, Councilman Griffin moved to enact Ordinance ##895 an ordinance
to extend the city limits of the City of Kalispell to include Summit Ridge ##1, Addition
##90. Seconded by Councilman Williams. Roll call vote. All voted aye.
RESOLUTION ##3186
Councilman Griffin moved to adopt Resolution ##3186 a resolution to approve as a sub-
division, D=it Ridge ##1, Addition ##90 subject to the following conditions:
1. That the sewer and water be approved by the State Department of Health
and City Public Works Department.
2. That Summit Ridge Drive be built to 44 foot width with (2) 12 foot driving
lanes and (2) 10 foot parking lanes.
3. That park land be dedicated adjacent to the existing Northridge Park as
required.
4. That the 5 foot nuisance strip on the North boundary be deleted between
North Haven Heights and Summit Ridge.
5. That a waiver of the right to protest an SID for storm drains be given.
6. That the developer participate in upgrading the water main from the old
City pump station near Weatherford's Funeral Home on Highway 93 to Parkway
Drive - 50% up to $7500.00.
7. That the development be zoned R-4-
8. That letters of waiver of fire district and private garbage carrier be
submitted.
9. That Lot 19 be dedicated for future street.
Seconded by Councilman Granmo. Roll call vote. All voted aye.
COMMITTEE REPORTS
SEWER & WATER
Councilman Granmo had no report.
01714 � 1W51kY
As a member of the employment committee, Councilman Granmo reported that the Kalispell
Police Protective Association has accepted a new wage offer and are back at work.
PAGE 340
HEALTH
Councilman Saverud had no report.
CITY
Councilman Saverud reported that the committee will be meeting with representatives of
the Hockaday Art Center concerning the request to transfer ownership of the building
and land to Flathead County.
SAFETY
Councilman O'Boyle had no report. ,
PARKS
Councilman Daley had no report.
ANNEXATION
Councilman Griffin moved that the request of Ted Mu_llenix, 526 6th Avenue West for a
variance to build a triplex on a lot where another building encroaches be denied. The
committee felt it would be setting up a piece of property that would be a problem in
the future. Seconded by Councilman Williams. Motion carried.
Councilman Griffin moved to enact Ordinance #896 an ordinance to extend the city limits
of the City of Kalispell to include Buffalo Hill Apartments and Commercial Addition #84.
Seconded by Councilman Granmo. Roll call vote. All voted aye.
RESOLUTION #3187
Councilman Griffin moved to adopt Resolution #3187 a resolution to approve as a sub-
division, Buffalo Hill Apartments and Commercial Addition #84, subject to the following
conditions:
1. That the Commercial area be zoned B-4 and the Residential area be R-1.
2. That a waiver of an SID for storm drains and street improvements be made.
3. That 10 feet be reserved on Sunny View Lane for future road expansion;.
4. That all water and sewer systems be approved by the State Department of Health
and the City Public Works Department. That easements be provided for repair and
maintenance of these services.
5. That the City will upon the repair and maintenance of water and sewer services,
bed and compact 1 foot around pipes, backfill and leave the final compaction,
repair of landscape and roads to the association.
6. That fire protection facilities be installed as required.
7. That streets be part of the common area for taxes assessed to the lot owners.
8. That the roads be private 28 foot paved width.
9. That the circular road be established as a one-way street.
10. That letters of waiver for fire protection and garbage collection be received
by the City prior to the City providing these services. ,
11. That cash -in -lieu be accepted for the park requirement.
12. That the City be held harmless for damage to the landscape by fire A -rucks
and other City vehicles during the normal course of business.
13. That the Homeowner's Association be responsible for but not limited to:
snpvr removal, sanding, paving, sweeping, flushing, signing, parking, etc.
14. That covenants be filed with the final subdivision plat.
Seconded by Councilman Williams. Roll call vote. All voted aye.
841_
Councilman Griffin moved to adopt the following policy guidelines for future develop—
ments and annexations to the City of Kalispell:
"The City shall require the subdivider to dedicate all land necessary for
immediate and future reasonable street requirements to meet the overall public
needs as the area develops. The subdivider shall dedicate and improve all
streets immediately necessary for the use of the annexed subdivision. Lands
for streets will be reserved for the purpose of ingress and egress to future
developments shall be dedicated at the time the subdivision is approved with
the City to undertake improvements at the time that the land is necessary for
use. At the time the land is to be put to use, the City can either improve it
at the City's expense or require the new subdivider to improve that portion as
a part of the new subdivision which it will serve".
Seconded by Councilman Williams. Motion carried.
FINANCE
Councilman Williams reported that the finance committee met and reviewed the claims for
June and moved that all claims approved be paid. Seconded by Councilman Saverud.
Motion carried.
Councilman Williams reported that there will be a public hearing on Revenue Sharing Use
at the all day budget meeting at 9:30 A. M., June 17th.
Councilman Williams reported that the central purchasing supply is going well.
MISCELLANEOUS
Councilman Saverud moved that all liquor licenses for the new fiscal year that are in
proper order be approved. Seconded by Councilman Williams. Motion carried.
TAC (Technical Advisory Committee)
Mayor Rapp appointed Paul Palmer as city representative on newly formed TAC which deals
with highway problems.
Mayor Happ read a letter from Director of Public Works Kain as follows:
To: Mayor Rapp
From: Director of Public Works
Subject: New Metal Shop Building
Dyck Construction has requested release of a portion of the cash performance
and payment bond. The building is approximately 90% complete. I would
recommend the certificate of deposit in the amount of $71,012.00 be reduced
by 5o% to $35,506.00. Certificates would be exchanged upon this office having
lien waivers as requested.
Councilman Williams moved that the request be granted. _Seconded by Councilman Saverud.
Motion carried.
LICENSE & PERMIT BONDS
Paul and Doris Heil Pawnbroker Bond
Wellington James Applebee Jr.
dba Tri—City Electric Electrical Contractor Bond
Northwestern Telephone Systems Excavation Extension Certificate
Councilman Daley moved that all License & Permit Bonds reviewed by City Attorney Donahue
be accepted. Seconded by Councilman O'Boyle. Motion carried.
There being no further business the meeting was adjourned at 10:40 P. M.
Minutes approved as presented on August 9, 1978.
ATTEST:
Norma E. Happ, Mayor
Marjoxi Giermann, Acting City Clerk