Loading...
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