07/21/80 City Council Minutesr•J
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, 83
JULY 21, 1980 IN.THE.COUNCTL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN
SAVERUD &XCUSED FOR VACATION. ALL OTHER COUNCILMEN WERE PRESENT.
APPROVE MINUTES
Councilman Daley moved that the minutes of the regular meeting of July 7, 1980 be approved
as presented. Seconded,by Councilman O'Boyle. Motion carried.
CITY OFFICIAL'S REPORTS
Treasurer for May
Police Chief, City Judge, Building for June.
Fire Department for Second Quarter, 1980.
'Councilman O'Boyle moved to. accept the official reports. Seconded by Councilman Daley.
Motion carried.
ADDRESSING THE COUNCIL
Dean Marquardt, Engineering & Surveying, addressed the Council with the following request:
MARQUARDT ENGINEERING & SURVEYING
erv1L ENGiNAIRING AND LAND SUAYNTING _
1031 SOUTH MAIN PHONE 406-755-62E5
NALM91J , MONTANA 99901
July 21, 1980
city Council
Kalispell, Montana
Honorable Mayor and City Councilmen,
The owners of Greenacres West Unit #4 a proposed subdivision in
Section 20, Township 28 North, Range 21 West, -and the owners of 74 acres
on Hartt Hill in Sections 13 and 14, Township,28 North, Range 22 West,
wish to be served by the city sewer prior to annexation., The developers
would, of course, install all necessary extensions and pump stations to
city ;specifications. Schematic layouts of necessary facilities.are en—
closed.
This procedure could be very beneficial to the city. .The revenue
from connection fees would be substantial. A surcharge on sewer fees
would bring in additional revenue. The lines.would also serve other
properties which might connect. Since the.developers would also waive
the right to protest annexation the way would be cleared for substantial
enlargement of the city boundaries with additional tax base. In any
event it appears that the City will be required to provide service in the
not too distant future. Perhaps these would be appropriate places to
start. Therefore we would like to discuss these possibilities with you.
The developers of Greenacres West are Dean K. Marquardt, Bill Martin
and Robert Borden. The developers of Hartt Hill are Bill Martin, Dale
Collins and Dean K. Marquardt.
We appreciate your consideration of this request..
Very -truly yours,
Dean K. Marquardt
DKM.cdm
enclosures
Councilman Smith moved to.xef'ex the matter to the Sewer $ Water Committee. Seconded
by Councilman Daley. Motion carried. Mayor Happ asked that the matter be discussed
with Mr. Marquardt and all Council members.
For the benefit of a number of people in the audience, Councilman Smith announced that
the second reading of the Ordinance on rezoning Meridian. Addition will be August llth.
COMMITTEE REPORTS
FINANCE
Councilman Ruiz announced that the Council had met all day on July 16th and until noon
on July 17th with Department heads on budget requests. The Council has adopted a pre-
liminary budget which still needs trimming in the General Fund.
PUBLIC HEARING - REVENUE SHARING PROPOSED USE '
Councilman Ruiz announced that this is a Public Hearing for proposed uses for Revenue
Sharing funds. He asked if anyone had a request or any input. Harold Brown, repre-
senting the Senior Citizens, requested $2,200 be given to them. Councilman Daley
stated that we gave to them one year, but they are supported by their own people and
Flathead County. Mr. Brown stated that we spend all our recreation money on young
people and asked: Why not spend a little on Senior Citizens?
Councilman Ruiz told Mr. Brown that their request will be reviewed and decided before
the budget hearing on August 6th.
APPROVE FIRE FIGHTERS AND KPPA CONTRACTS
Councilman Ruiz moved that the Council give approval and ratification to the negotia-
tions with the Firefighters Union and the Kalispell Police Protective Association.
Seconded by Councilman O'Boyle. Motion carried.
ANNEXATION
ORDINANCE #:.99
Councilman Smith moved the second reading of Ordinance #959 an ordinance to extend the
City limits to include Roseglen Manor Addition #118. Seconded by Councilman Zauner.
Roll call vote. All voted aye.
RESOLUTION #3299
Councilman Smith moved to adopt Resolution #3299 a resolution to approve Roseglen
Subdivision, subject:to certain conditions. Seconded by Councilman Daley. Roll
call vote. All voted aye.
ORDINANCE #°=956
Councilman Smith moved the second reading of Ordinance #956 an ordinance to extent the
City limits to include the Double L Addition #76. Seconded by Councilman Granmo. Roll
call vote. All voted aye. This annexation was started in December 1978 to obtain city
water and sewer service. After they received the service, no more work was done toward
completion of the annexation, despite numerous reminders by City Attorney Donahue.
ORDINANCE #961
Councilman Smith moved first reading of Ordinance #961 an ordinance to amend the Zoning
Ordinance to include downtown redevelopment. Seconded by Councilman Ruiz.
Councilman Smith called on Steve Petrini, Independent Planner, who assisted with the
ordinance, to answer questions.
Ron Lyford, owner of Lyford Plumbing F Heating, located at 211 Second Street West,
asked why his plumbing shop, which has been in existence for years, is a non -conform-
ing use in zone C3. Cl and C2 allow plumbing shops, but there are none in those zones.
Terry Powell, C. Powell Electric, located at 419 First Avenue East, asked why his shop
and Miller Ford Electric were placed in a C3 zone. This makes them non -conforming.
They will not be able to remodel, expand, or if burned more than 50%, unable to re-
build.
Mr. Petrini explained that the zoning areas were changed several times trying to
make every business in an area a conforming business, and plumbing shops and elec-
trical contractors were overlooked.
Councilman Grainger moved to amend the motion to include Heating and Plumbing shops
and Electrical Contractors in C3 zone. Seconded by Councilman Daley. Motion carried.
Attorney Dan Johns asked Mr. Petrini what the difference was in the non -conforming uses
for downtown zoning versus Appendix B in the present ordinance. Mr. Petrini answered
that it does not allow you to change a conforming use to a non -conforming use. Appen-
dix B allows you to expand or rebuild if burned. Mr. Johns inquired as to why it was
allowed in Appendix B and not downtown. Councilman Smith replied that we have very
few non -conforming uses, so we have been very liberal to get the downtown zoned and
revitalized. The redevelopment plan is for a long time in the future, looking at
grants, extra money, etc., consequently, it deserves a little special attention.
- 91
Mr. Bill Walker, builder, asked what agency is in control: the Architectural
Review Committee or the Council? Mr. Walker was told that the Council shall con-
clusively have final say.
Mr. Walker asked if downtown is a different entity. Mr. Petrini explained that a plan
was done for this particular area. We chose to come up with different zoning for the
downtown area because some things can be done that could not be done otherwise to ob-
tain specific goals and specifications to that area.
Mr. Walker stated that he is a builder. You have to look at financing and time. A
lot of people would lose interest while going through the Architectural Review Com-
mittee.
Councilman Daley asked why the ARC is tied to zoning. Councilman Smith replied that
we are trying to tie the whole thing together, but the ARC has no power -- can only
recommend.
Greg Bain, Building.Contractor, asked how often the Committee meets. Ed Gallagher,
City Development Director, answered that Committee meets whenever they are needed.
It is composed of six members, all of whom do not need to be present and they have
been meeting twice a month. If you are looking at major construction or exterior
renodeling, they will look and recommend. If you do not agree, it will come back
to Council. If it is interior work, they do not look at the plans.
Mr. Petrini asked if the Council views this on a trial basis. Mayor Happ answered
that it can be changed. Councilman Smith stated that if it does not work, it can be
rezoned to Appendix B. City Attorney Donahue stated that Appendix B has been amended
in substantial substance. Looking at the whole thing, it seems to be zoned to the
satisfaction of most people. He continued with the statement that the ARC was not
his choice, but sometimes a builder will plan for six months and then want the permit
tomorrow. We need time.
Councilman O'Boyle stated that we have been hassling zoning for years. We have come
a long way and most people are happy.
City Attorney Donahue explained the off-street parking requirements in downtown area.
If a new business cannot furnish enough parking spaces with the required number of
feet, they can pay "in lieu of" with consent of Council and Parking Commission. Larry
Lee, Parking Commission Chairman and owner of the Whipps Block, stated that coming up
with 38 parking spaces may not be very encouraging for new business. Mr. Gallagher
also questioned what would be considered fair market value for the "in lieu of".
Question called. Roll call vote. All voted aye.
EMPLOYMENT
Councilman Zauner had no further report other than the wage negotiations reported by
Councilman Ruiz.
PARKS & RECREATION
Councilman Daley reported that all parks and recreation facilities are being used very
extensively. It costs money but people are enjoying themselves. So far there have
been 9,000 reservations in Woodland Park.
Tennis courts are in full use.
The agreement between the City and the Chamber of Commerce for the operation of the
tourist center at Lions Park being ready, Councilman Daley moved that Mayor Happ be
authorized to sign. Seconded by Councilman Zauner. Motion carried.
City Attorney Donahue stated that he received an answer from BNRR concerning the re-
quest of the Chamber of Commerce to use the old depot. The answer was that if the
Chamber of Commerce is a public use, it is O.K. by them.
STREET $ ALLEY
PROJECT #MF 6799 (6)
Councilman O'Boyle moved that Mayor Happ be authorized to sign Construction Agreement
#MF 6799 (6) between Burlington Northern, Inc., Montana Department of Highways and the
City of Kalispell for the installation of a storm drain through Railway's right-of-way
from Third Avenue East North to Main Street and to improve Third Avenue East North,
the centerline of which crosses the Railway's right-of-way and tracks at Railway Sur-
vey Station 259+24, MP 1226+1037 in the SE; of the SE; of Section 7, Township 28 N.,
Range.21 W., M.P.M. at Kalispell, Montana. Seconded by Councilman Smith. All voted
aye. Motion carried.
Councilman O'Boyle announced a preconstruction meeting on Idaho Street for 9:00 A.M.
July 22nd.
Councilman 0' Boyle presented the following letter from the Parking Commission:
PARKING C01147ISSION
City Of Kalispell
Phone 406-755-5457P.Q. Box 1035 Kalispell, Montana 59901
July 21, 1980
Street and Alley Committee.
City Hall
Kalispell, Mt 59901
Gentlemen:
The Kalispell Parking Commission has for several months expressed
the concept.of changing 1st and 3rd Streets to 1 way and adding
angle parking to one and in most cases both sides of the street.
Attached is a brief achetch of our proposal showing a potential
of adding 140parking spaces in the heart of downtown.
Both 1st and 3rd Streets were relagated to local traffic by the
elimination of traffic control lights on both lst Ave East and West
over the past 5 years. Thru the widening of. both 1st Avenues,
we have lost angle parking in several spots and therefore have
added to our need for off street parking. By analyzing the one
way proposal, the commission feels that up to 140 spaces (less
curb cuts) can be added at minimal cast of signing , striping,
and metering. Beautification can easily be applied and I will
have examples of that soon.,
In changing streets to one way, a short term problem exists in
educating the public,, but the benefits to the merchants, employees,
and shoppers far outway the educational problem. Cost of the
change is minimal compared to aquiring addional land for off
street parking.
In anticipation of the Main Street reconstruction, we feel
that this change should be instituted well in advance of next
year's summer long interuptions on Main Street. If accepted
soon enough this concept could be instituted in the actual
design of. .Main Street.
I will be available at most any time to answer questions that
may arise.
Sinc,erely,
/
` . RRY 0. LEE, CyyHAIR t1L'd
LOL/lol
cc: Mayor
Council, Attorney, Community Development,etc
m
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HOSKINS, INC. I Checked By
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FIGURE 2
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Councilman O'Boyle reported a letter from Thomas, Dean $ Hoskins urging a decision
on this matter so`he can add it to plans for Main Street reconstruction, if found
favorable.
CITY DEVELOPMENT
No report.
SEWER $ WATER
Councilman Granmo moved to authorize Mayor Happ to sign an agreement accepting the
offer of the Greenacres water line and the balance of the cash in their association
which will be used to rebuild some of the lines. Seconded by Councilman Zauner.
Councilman Smith abstained. Motion carried.
Councilman Granmo announced that the sewer lines will be monitored this summer under
the 201 Study.
SAFETY
On a two -to -one vote of the Safety Committee, Councilman Grainger moved to allow Fire
Marshall to reside outside the City limits. Seconded by Councilman Ruiz. Councilmen
Ruiz, Grainger, Zauner and Daley voted aye. Councilmen Granmo, O'Boyle and Smith
voted no. Motion carried. Mayor Happ indicated that she would veto the motion and in
view of not changing the ordinance, all requests to reside outside the City limits
should be resubmitted.
Mayor Happ announced that the next regular meeting will be held in conjunction with the
budget hearing at 7:30 P.M. on August 6th.
The budget will be adopted and the mill levy set at a meeting at 7:30 P.M. Monday,
August llth. The regular meeting of the City Council will be held as usual on the
third Monday, August 18th.
Councilmen Grainger and Granmo will be absent on the 18th.
REAPPOINT CITY ATTORNEY
Councilman Granmo moved that City Attorney Donahue be re -appointed to a two-year term
beginning July 1, 1980. Seconded by Councilman Daley. Motion carried.
Councilman Grainger moved to adjourn. Seconded by Councilman Granmo. Motion carried.
Minutes approved as presented August 6, 1980. G4 `, / 1
Norma E. Happ, Ma
ATTEST:
Mar' rie Giermann, City Clerk