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04/18/77 City Council Minutes1.71_ THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P. M. MONDAY, APRIL 18, 1977 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Grainger moved that the minutes of the regular meeting of April 11, 1977 be approved as presented. Seconded by Councilman Williams. Motion carried. CITY OFFICIALS REPORTS City Clerk and City Treasurer for February 1977. Police Judge, City Engineer and Police Chief for March 1977. Fire Department - let Quarter 1977. Councilman Daley moved that city officials reports be accepted. Seconded by Councilman Allen. Motion carried. PUBLIC HEARING - Proposed Amendment to Zoning Ordinance Attorney Randy Ogle, representing Harold Peterson, Builder, spoke against the proposed amendment. He asked the council to give serious consideration to those in the building trade.- He stated that they are not unsympathetic to the problem of four-plexes being built next to single family dwelling homes, but are concerned with the method of dealing with the problem. We see ourselves faced nationwide with skyrocketing prices for land and building materials until it is becoming more and more prohibitive to own our own homes. People cannot afford a single dwelling home, so are being forced into multi -family dwellings. The answer to the problem is not to restrict building multi -family dwellings in R1 zone, but to regulate the quality, size of lots, total number and architectural structure. John Ming, realtor, stated that he was against changing the ordinance, but that in the medium and high range single dwelling homes, a 4-plex on the next lot will devalue the home 10 to 20/. The public regulates this. Jim Thompson, President of the City County Planning Board, stated that the Board made the initial request for this change. In the past, the Board has tried to make provisions for multi -family dwellings so that single family dwellings will not be devalued. In some additions to the City, where proposed multi -family dwellings were to be built, the property owners within the addition opposed it so strongly that the multi -family dwellings were not built. He stated that R1 is traditionally single family dwellings. He does not believe that multi -family dwellings need to be built in single family areas. There are areas within and coming in that will provide ample multi -family dwellings. We no longer need to subject ourselves to multi -family dwellings in single family areas. Let the Board and the people in the area have the say. Pieter Drent, property owner in Park View Terrace, stated that Mr. Thompson had expressed the feelings of he and his neighbors very well. They are not anti - multiple dwelling, but just want it regulated. Abraham Schwartz, 1211 Third Avenue East, stated that he is concerned with R1 zoning. He realizes there is a financial advantage for the owner of a multi- family dwelling rental, but he does not want the financial advantage used at the expense of some one else. You cannot deal with the housing problem by allowing haphazard multi -family dwellings to be built at random. He urged the council to adopt the change at once and not intwoor three years after the damage is done. Bob Brown, real estate appraiser, stated that he has been an appraiser for 25 years, with the last 6 years being in Kalispell. He has never been in a City except Kalispell that allowed anything but single family dwellings in R1 zone. It is just as important to look at what is here as well as what could be built. If you build a four-plex on the East side, you knock down the value of the house next to it. 172 Councilman Schwartz stated that it was hard to believe that a $90,000-four-plex would devalue a $20,000 home next door. Mr. Brown stated that a $20,000 home was not a very good home in this day and would probably not be devalued, but a $35,000 home would lose some of its value. Dan Bangman, Park View Terrace, stated that some property owners have bought homes in that area with a beautiful view of the mountains, only to have a two story four-plex built and obstruct the view. Some property owners have fenced in back yards for privacy and a four-plex has been built making it possible for people to look right down into your back yard. Also I -people who rent multi -family dwellings usually move in and out a great deal and this tends to devalue property in the area. In rebuttal, Attorney Ogle stated that there is no question and no one disputes ' the fact there is w problem. But, he stated, it would not take much ingenuity to come up with answers to the problem by regulating the number of multi -family dwellings, the quality of construction and size of lots. Austin Miller feels the four-plex across"the street from his home enhanced the value of his property. You may be creating a dangerous problem.of slums by putting all multi -family dwellings in one area, rather than scattering them throughout single family dwellings. Jim Thompson restated that the council knows where we are. In the throes of getting the new zoning code enforced, they will be looking at improving areas. If multi- family dwellings are to be grouped in an area, arterials should be formed. This would take care of any traffic problems. People have the right to know when they buy property whetherornot it is multi -family dwelling area. Kalispell is growing rapidly and heading toward chaos unless we get some order.. Councilman Schwartz added that Kalispell now exists under six zoning areas. The new ordinance will have 16 zoning areas and will put everyone in proper perspective. I£ this amendment is adopted, people can still go to the Board of Adjustment and if there is no objection by the board or adjacent property owners, a multi -family dwelling can be built in R1 zone. ORDINANCE 871 Councilman Williams moved enactment of Ordinance 871 an ordinance amending the zoning ordinance to restrict four-plexes in R1 zone. Seconded by Councilman Allen. Roll call vote. All voted aye. ADDRESSING THE COUNCIL Flathead County Attorney Springer addressed the council concerning alleged gambling violations within the City. He stated there is a reported attempt to transfer the gaming license of a convicted gambler -owner of D-J's, Mr. Wemple, to another party. This would be a violation of the Montana Card Games Act. Mayor Happ replied that she was not aware of his conviction until the judgment of the District Court was handed to her a minute ago. She added that she has called a meeting of the Gambling Committee for tomorrow morning at 11:00 A.M. At this time the matter will be considered. She asked Attorney Springer why he had come to the council to inform them of the matter, rather than write a letter or inform the gambling committee by telephone. County Attorney Springer replied that this brought him' to the second reason for coming. It has been brought to his attention that there have been repeated, continuing flagrant violations of at least their regulations if not the state law. He finds violations in four city establishments for (1) using extension of credit; (2) taking checks; (3)-buying drinks for obviously in- toxicated persons; (4) playing for other than the stated value of chips, all four of which violates the state law. County Attorney Springer continued: "I am here to ask, to plead with this council for support of enforcement. I have discussed this at great lengths with Sheriff Rierson." City Attorney Donahue asked County Attorney Springer if it was not Springer's duty to prosecute in District Court these violations. Springer replied that "you know better than I that I have been told to stay out of your jurisdiction." Donahue replied, "This is not true. Our Police Department has been instructed to cooperate with you one hundred percent in ferreting out gambling violations and present the evidence to you for.your decision on prosecution. If you have this information, we would certainly appreciate your furnishing it to us by letter or some other form than appearing here before the press. We really don't appreciate your lecturing us on what our regulations provide." 1.73 Councilman Allen asked County Attorney Springer if it was his contention that the Police Department had not done their duty. Springer replied that it was not his contention that the Police Department had not done their duty, but he is asking for their assistance. Mayor Happ asked Attorney Springer what the problem was and why he was here. He stated that he wants the cooperation of the Police Chief in an investigation on the gambling violations. Police Chief McDowell stated that he knows what County Attorney Springer is asking. He is asking for a man to investigate these charges. He had not beeninformed from the County Attorney's office or any one else of any violations. County Attorney Springer said he would take it a step further. -He has talked to Assistant Chief Hellman, who will give him two men to do the investigation. Mayor Happ asked again why he did not come to the gambling committee with this information instead of a council meeting. Councilman Allen asked how many cases there are and why had these violations not been uncovered by the city police. Springer replied that word of these violations did not necessarily come from the sheriff's office. There is crime check, street stories and other ways. He stated that.he thought he got more of these stories than the Police Department. City Attorney Donahue told Attorney Springer that if he would have reported these violations to Mayor Happ, they would have come to Attorney Springer's office immediately, gotten the details andthePolice Department would have been on it immediately. Attorney Springer replied that he had an obligation to come to the council and he would continue to convey the'messages whenever the sheriff asks him to. Councilman Grainger asked Attorney Springer if there were actual documented cases that the police had refused to investigate. Springer answered "no". Springer stated that he had heard that Mr. Wemple, convicted in the Somers case, was going to transfer the license for DJ's, but continue to operate the gambling himself. Attorney Donahue stated that the city has known this for several days and that is the reason why they are having a,gambling meeting tomorrow. Council- man Grainger asked Springer if he thought the council was dumb enough to let Mr. Wemple do this. Councilman Daley asked Springer to allow the city gambling committee to act on this and resolve the problem themselves. Then if the decision did not suit him would have been the time to address them. Springer replied that he did not know Mr. Daley'�would be so sensitive about the situation. Councilman Allen asked when the information would be given to the Police Chief. Springer replied that the information on Wemple had been relayed to the police dispatchers about two hours ago. Councilman O'Boyle asked Springer if he sits on all the information he receives. If he hears of violations in Lincoln County, does he not relay it to them; It is a two-way street. Mayor Happ reiterated that she felt this should all have come before the gambling committee rather than at a public meeting. Springer replied that she may right and if he is proven wrong, he will come to a council meeting and apologize to her. Councilman Allen asked again when the information Springer has would be on the desk of the Police Chief. Springer replied that whenever the police department investigators put it there. That these violations are in the past - over and done - and nothing could be done about them. That someone would have to be planted in the game to get the evidence. Councilman Schwartz finished the.,session by telling Springer that he had not seen Springer's itinerary for his meetings so that he was complying with the "open meeting" law. Springer replied that the law did not apply to him. This comment related to Springer's prosecution of Kalispell's Board of Adjustment for allegedly violating the "open meeting" law. 174 Because of questions from the public regarding street work, Mayor Happ asked Councilman Allen to give his committee report. STREET & ALLEY In order to avoid waiting for the new budget year to pave West Washington Street, 7th Avenue West, replace some curbing and do some park work, Councilman Allen moved that $55,000.00 Revenue Sharing Funds be transferred from Multi -purpose General Government to Public Transportation C/O. Seconded by Councilman Daley. Councilman Schwartz explained that since we cannot use cil.sprinkling funds for work like this, it leaves the street department budget very short. Question called. Motion carried. BIDS Councilman Allen moved the bid for Road Oil be awarded to Farmers Union Central Exchange, Inc., (CENEX) Laurel, Montana. Seconded by Councilman Daley. Motion carried. Councilman Allen moved the bids for gravel be referred again to the Street & Alley Committee with power to act. Seconded by Councilman Grainger. Motion carried. The committee will meet Thursday noon in the council chambers. Mayor Happ asked if -there was anyone else who wished to address the council. No one else appeared. COMMITTEE REPORTS STREET & ALLEY Councilman Sliter.moved construction of rolled curb and gutter on both sides. of 7th Avenue West from 7th Street to llth. Seconded by Councilman Grainger. This type of curb and gutter is recommended by the engineer because water does not wash and work its way under as it does with upright curbing. Street Foreman Clements gave his approval if it is all done the same. Question called. Motion carried. Councilman Williams - No Report ANNEXATION RESOLUTION NO. 3107 Councilman Schwartz moved adoption of Resolution No..3107 a resolution of in- tention to annex Underhill Addition #2, Addition 77, and subdivide a portion of Underhill Addition #1. Seconded by Councilman Sliter. There are problems to be solved in this Addition. Colorado Street is too narrow and the lots axe too small. Roll call vote. All voted aye. PARKS Councilman Daley reported that he and Recreation Director Jensen attended the park meeting in Butte. There were about 50 persons in attendance and the meeting was well organized. Vern Mauritson, Flathead County Park Director, is Western Regional Chairman for Parks. There were displays from Montana State University including the one done on Lawrence Park. Buz Jensen stated that much information is gained from other directors. Billings tried free swimming, but it did not work. Mr. Jensen stated that Kalispell has not raised the price on swimming for years and while it does not pay its own way, it does work. Mr. Jensen wants to put a new type seal coat on the volley ball and badminton courts that was shown at the meeting. He would also like to see the City purchase some portable aluminum bleachers that would move easily from place to place as needed. The cost is approximately $500.00 and will seat 50 people, Mr. Jensen felt that if service clubs would aid in the purchase of these, they could be called community bleachers and used by anyone with the need. He would like to see the City purchase one this year and go from there. 1_75 Mr. Jensen also received information at the meeting about federal funds for building an indoor recreation complex. It would have an indoor swim pool, gym and other facilities. It could be used by schools, college, senior citizens, and would be a public recreation center. A year ago, Mr. Jensen was asked to speak at a park meeting on recreation facilities and problems in small cities and towns. Since then he has received marry calls and inquiries, as it seems recreation is becoming a major business. Mr. Jensen also learned of a computer service at Montana Tech. Any place needing federal funds can send the information to this computer and the computer will ' give you a list of federal agencies that will help and state how much they will help. There will be a meeting of the Flathead Drainage 208 at 7:30 P.M., April 26th in the Conrad Bank Community Room SAFETY Councilman O'Boyle reported on the Flathead County Animal Shelter. A total of 202 animals were picked up in Mar„ 35 being from Kalispell. The new animal wardenfor the County picked up 83 animals from the middle of March to April let. Councilman O'Boyle announced that the study committee for parking problems will be meeting very soon.and will invite Mr. Henry Robinson to talk about problems at Elrod School. FINANCE At the request of Finance Director Nystul, Councilman Sliter moved that new revenue code numbers be used by the City Clerk and City Treasurer to insure that funds will be kept the same by both offices. Seconded by Councilman Grainger. Motion carried. ' ORDINANCE 872 Councilman Sliter_moved enactment of Ordinance 872 an ordinance amending Ordinance 870 setting salaries for City Police Judge at-$700.00, July 1, 1977; $75o.00,, July 1, 1978, $800.00, July 1, 1979, $850.00, July 1, 1980, and City Treasurer at $650.00, July 1, 1977; $700.00, July 1, 1978; $750.00, July 1, 1979; $8o0.o0, July 1, 1980. Seconded by Councilman Schwartz. Roll call vote. All voted aye. SEWER & WATER Councilman Granmo reported that the sewer & water committee has met and reviewed the bids for the test well and moved that the bid be awarded to the low bidder, Briggs Drilling and Pump in the amount of $10,400.00. Seconded by Councilman Allen. Motion carried. Councilman Granmo reported that the City is going to have to review present water rates and present their findings to the PSC. Councilman Granmo moved that Mayor Happ appoint an engineering firm selection committee for this purpose. Seconded by Councilman Schwartz. Motion carried. Mayor Happ stated that she has talked to the PSC on this subject and they told her it might be possible to do this ourselves. She will appoint a committee who can decide this question. Councilman Granmo reported that Mayor Rapp, Councilman Allen, County Commissioner Guay and himself have had a preliminary meeting with Doug Daniels, Thomas, Dean & Hoskins representative, concerning a city -county sewer project facility. In order to apply for a 75/25 916 EPA grant, a sewer facility study must be done first. The City and County have a common problem with areas outside the city limits having the right to use City sewer facilities and some areas having a sewer problem. The County is willing to help as much as possible. Doug Daniels explained that a study must first be made of present facilities, lift stations, sewer lines, projected growth, etc. Kalispell did not have a facility planning concept before the new plant was built. This must be done to project future needs before applying for a grant. Councilman Schwartz asked about cost. Mr. Daniels stated it was impossible to tell at this point. The City and County would have to agree on how.to pro -rate the 25% expense that must be locally funded. 176 Councilman Granmo recommended that the engineering firm selection committee -also handle this project. Councilman Grainger - No Report Mayor Happ wished Councilman Grainger a Happy Birthday! MISCELLANEOUS Mayor Happ stated that.she was in receipt of an order from the District Court for attorneys fees in the case of George A. Murray and Henry Scott vs City of Kalispell on zoning problem. , ORDINANCE 873 Councilman Sliter moved that the bill for attorneys fees be paid according to the Code providing such payment. Seconded by Councilman O'Boyle. Roll call vote. All voted aye. Mayor Happ announced that the gambling committee will meet in her office at 11:00 A.M. tomorrow morning. City Attorney 1lenahue reported that he would like to bring the council up to date on the National Unemployment Compensation Act of 1976, passed last fall, which he mentioned a month ago. The impact was not realized at the time. On the basis of figures compiled by Finance Director Nystul, this would cost the City $30,000 next year which would be paid to the Federal Unemployment Fund. He is attempting to find out from Helena if the State of Montana has enacted a sufficient and acceptable plan for cities under this new regulation. The National Institute of Municipal Law Officers is instituting a case in.,Washington D. C. against the Department of Labor to have this declared unconstitutional on the basis that it destroys the concept of federalism. This suit will be tried by specific cities. They are asking for a temporary injunction to stop collection of these funds until the case is settled, but this injunction will only affect cities named in the suit. It will cost $300,000.00 to prosecute this suit. Cities under 50,000 could allocate their share at $2,500.00. The tax seems unfair because of the low turnover in city , employees. He has talked to the League of Cities & Towns, who are aware of the problem, but have been so busy with the legislature they have not had time to fully investigate this. They are going to study it and see what the full impact will be for Montana Cities and towns. Councilman Schwartz moved to adjourn. Seconded by Councilman O'Boyle. Minutes approved as presented May 2, 1977. �" 9, A !forma E. Happ, Mayor