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.
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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."
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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.
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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.
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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.
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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