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08/20/79 City Council Minutes471 THE REGULAR MEETING OF THE CITY COUNCIL WAS HELD IN THE COUNCIL CHAMBERS AT CITY HALL, AT 7:30 P. M. MONDAY, AUGUST 20, 1979. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT. Councilman Daley moved that the minutes of the August lath meeting be approved as corrected. Seconded by Councilman Smith. Motion carried. CITY OFFICIALS REPORTS City Clerk and City Treasurer for June 1979. City Judge, Police Chief and Director of Public Works for July 1979• Councilman Grainger moved that city officials reports be accepted. Seconded by Council- man O'Boyle. Motion carried. OPEN BIDS Manion Bob Meier Oldsmobile Roy Stanley Chevrolet Rygg Ford Sales BID SECURITY Fsf] Bid_ Bond 1 - 1980 Pontiac Catalina - 4 Door - 116" wheel base... Retail Price $9,461.16 Less: Fleet Disc. 1,321.16 Your Fleet Price $8,140.00 1 - 1980 Pontiac LeMans - 4 Door - 108" Wheelbase... Retail Price $0,737.69 Less: Fleet Disc. 1,018.69 Your Fleet Price $7,719.00 Cashier's Check 1 - 1979 Cutlass Salon 4-Door... Retail Price $8,804.44 Less: Fleet Disc. 1,114.44 Net $7,690.00 Cashier's Check No Bid Security Hines Chrysler Plymouth Cashier's Check 1 - 1979 Chev 4-Door Malibu - 108" wheel base... Retail Price $7,299.18 1 - 1980 Chev 4-Door Mailibu- 108.;" wheel base -Retail Price $7,695.78 1 - 1979 Ford LTD 4-Door Sedan Retail Price $6,806.21 2 - 1980 Plymouth Volare 4-Door Retail Price $14,396.00 Councilman Grainger moved that the bids be referred to the Safety Committee with power to act. Seconded by Councilman Saverud. Motion carried. ADDRESSING THE COUNCIL Mayor Rapp called three times for anyone wishing to address the council. .No one responded. ORDINANCE #928 Having heard the second reading, Councilman Saverud moved to enact Ordinance #928 an ordinance to provide for the adoption of the "Code for Energy Conservation in New Building Construction; December 1977". Seconded by Councilman Smith. Roll call vote. All voted aye ORDINANCE #930 Having heard the second reading, Cpuncilman Smith moved to enact Ordinance #930 an ordinance to amend Ordinance #915 to extend to January 1, 1980 when all property within the City shall be zoned in accord with the "City of Kalispell Zoning Ordinance". Seconded by Councilman Daley. Roll call vote. All voted aye. ORDINANCE #931 Having heard the second reading, Councilman Smith moved to enact Ordinance #931 an ordinance to provide for the alteration of the boundary of the City of Kalispell by including therein, as an annexation, certain realty to be known as Brady Addition #103. Seconded by Council- man O'Boyle. Roll call vote. All voted aye. 472 ORDINANCE #932 Having heard the second reading, Councilman Smith moved to enact Ordinance #932 an ordinance to provide for the alteration of the boundary of the City of Kalispell by including therein, as an annexation, certain realty to be known as Warner Addition #105. Seconded by Councilman Zauner. Roll call vote. All voted aye. COMMITTEE REPORTS SAFETY Councilman Grainger reported that the STEP program is progressing well. The City has I accepted 2 cycles and 2 vans with the grant. He has scheduled a Safety Committee meeting for Tuesday at 1 P. M. SEWER & WATER Councilman Granmo reported from the 201 Study that there is a recommendation for a plan for upgrading the present wastewater treatment facility. In the future the area served by a new plant will be well outside the city limits, but the plan recommends that the City of Kalispell should be the management. Councilman Granmo moved that the council concur with this recommendation. Seconded by Councilman Saverud. Motion carried. There will be.a public meeting on sewer needs for the area at 7:30 P. M., September 6th, in the Evergreen School. The above recommendation will be added to others from citizens and county commissioners at the public meeting. CITY DEVELOPMENT Councilman Saverud reported that he has met with Architect Schwartz to inspect the new city hall and remodeled water department. If any department head knows of anything that should be added or changed before final acceptance of the contract he would like to be so advised. STREET & ALLEY Councilman O'Boyle had no report. PARKS, RECREATION & AIRPORT Councilman Daley had no report. EMPLOYMENT Councilman Zauner reported that under the STEP program 2 men and 1 woman have been hired to investigate traffic accidents. They begin September 4th. FINANCE Councilman Ruiz had no report. ANNEXATION Councilman Smith moved to delete discussion on rezoning of Meridian Addition on Meridian Road and that it be referred back to the zoning commission for review again and final recommendation. Seconded by Councilman Ruiz. Councilman Smith asked that all councilmen attend the discussions by the zoning commission, as there is controversy between residential and commerdial zoning and it will be up to the council to ultimately decide. Question called. Councilman Granmo voted no. Motion carried. Councilman Smith introduced Dale Haarr, President of the Zoning Commission. Mr. Haarr reviewed the effort the commission has put into rezoning Kalispell. He stated that there are some areas that were difficult to rezone, they have abided by law on publication for public hearings and have had several work meetings. In some areas it is difficult to rezone because of the present use, but the BOA could effectively change zoning by variances on use of peroperty creating mixed zones. The goal of the Zoning Commission has been primarily to protect residential areas. Mr. Haarr then introduced Gary Hill, APO Staff Member, who will explain the zoning of the different areas. ORDINANCE #934 I I Councilman Smith moved first reading passage of Ordinance #934. The ordinance was discussed and acted on in segments as various -areas were considered. Gary Hill provided maps of each segment and they were voted on as follows: 4 78 1) Areas 4 & 6 Councilman Smith moved to zone Gateway West as B4;_Lewis & Clark Addition, Gibson Addition, 4B's Addition, Roy Stanley Addition, and McDonald's Addition as B3; Flathead County Fair- grounds as P-1; an area south of Idaho Street and east from 4th Avenue EN to the city limits and Woodland Heights Addition as B3 and an area from 4th Avenue East to the city limits along the BN tracks as I-1. Seconded by Councilman Granmo. Roll call vote. All voted aye. 2) Areas M, P-Part, Part, R, 7, 9, and 10 Councilman Smith moved to accept and include Kalispell Lumber Addition and from 2nd. Ave. ' West to Meridian Road from West Center Street to lst Street as B3; Weissman Addition and BE Property as I-1; a large area from 3rd Street south on the west side and area from 5th Street south to 14th Street and west to 1st Ave. East as R5; an area from 4th St. West to 9th Street from First Alley to Sixth Alley as RA1; Shop Addition as P-1; an area from 12th Street to 13th Street from First Alley to Second Alley as B-2; an area from Fifth Alley West to Meridian Road from 1st Street to 3rd Street as RA2; Peterson School, P-1; Purdy's and Guest/ s Additions as RA1; 14th Street South to city limits from Fourth Alley to Fifth Alley as RA1; Woodland Park Professional Neighborhood as B2 and the surrounding areas as RA1 and P-1; the area south including the Outlaw Inn, Hindquarter, Elks, Motels, City Service Center and Corner Pockets as B6; Airport and Sewage Plant, P-1; Leo's Lazy Lion and Roseaurs as B3; a small area at the extreme south of city limits on Highway #93 as B3. Attorney Rich DeJana, representing Korn Buick, protested the zoning immediately south of Korn Buick because it would cut off any expansion. He asked the council to reconsider this area. After discussion, Councilman Smith amended her motion to extend B3 up to 12th Street and from First Alley East to First Alley West to 12th Street West (Tracts 8CA, 8D, and 8E). Seconded by Councilman Zauner. Roll call vote. All voted aye. 3) Areas K Part, L-Part, N-Part, 4-Part, and 12-Part Councilman Smith moved to accept these areas as follows: B & B Store as B-4; BNRR, I-l; Center to 4th, RA2 and-RA1; below Center to 3rd Street, RA1 & 2; Peterson School, High School and Football Area, P-1. (Meridian Addition excluded by previous motion). Seconded by Councilman Daley. Roll call vote. Councilmen Grainger, O'Boyle and Ruiz voted no. Motion carried. 4) Areas B-Part, C, E, F, S, 1, 2, and 3 Councilman Smith moved to accept these areas as follows: Flathead Health Center, Highland Park, Simmons Addition, Park View Drive, Weatherford Funeral Home along the Highway; Halls, Bertschi, below 3 Mile ,Drive, Corner of Adams Addition, Circle K, Liberty Street, Lloyds, Quirts and Stubbs Additions as indicated on the map provided. Dan Johns, representing Ronnie Pack, owner of Lots 9 and 10 at Parkway & Highway #93, objected to a residential zoning for these lots. These lots have been vacant for 20 years and have always been considered by Mr. Pack as commercial lots. Lot 8, owned by Walter Bahr and Lots 11, 12, 13 and 14 owned by Mike Windauer were also bought for commercial use. After a lengthy discussion, Councilman Smith withdrew her motion and moved to consider one parcel at a time. Seconded by Councilman Zauner. Motion carried. Councilman Smith moved to accept the Simmons Addition as RA-1. Seconded by Councilman Ruiz. Roll call vote. All voted aye. Councilman Smith moved to accept the Wedgewood Lane area as R5. Seconded by Councilman Ruiz. After discussion, Councilman Saverud moved to amend the motion that R5 be shortened to include only Lots 1 through 8. Seconded by Councilman Grainger. Roll call vo6e. Councilman Smith and Ruiz voted no. All others voted aye. Motion carried. Question called on original motion. Roll call vote. Councilman Ruiz voted no. All others voted aye. Motion carried applying R5 to Lots 1 through 8 only. Councilman Smith moved to accept Lots 1, 2, & 3 of Northridge Addition, and Lots 9 through 21 of Block 2 of Northridge Addition as B2. Seconded by Councilman O'Boyle. Roll call vote. Councilmen Smith and Ruiz voted no. All others voted aye. Motion carried. Councilman Smith moved to accept Lot 1 of Hall's Addition B-1. Seconded by Councilman Daley. Roll call vote. All voted aye. Councilman Smith moved to accept the remainder of Hall's Addition, Bertschi Addition, Flathead Health Center, Medical Arts, Highland Park -Additions 1 & 2 as RA2. Seconded by Councilman Zauner. 474 Dan Johns, representing George Day, owner of Lot 2, Halls Addition objected to this zone. There have been several different types of businesses located in this area and Mr. Day at present operates a tire business. Councilman Ruiz moved to amend the above motion that RA2 only apply to everything east of Highway #93. Seconded by Councilman Daley. Roll call vote. All voted aye. Councilman Ruiz moved to send all the area on Meridian from the Circle K north to the flower shop back to the zoning commission. Seconded by Councilman Saverud. Input from the public in attendance and Mr. Haarr favored action by the council at this time. 10:30 P. M. - 5 minute recess Upon reconvening the meeting Councilman Saverud withdrew his second to the last motion. Councilman Ruiz withdrew his motion. Councilman Smith moved to accept Lot 2, Hall's Addition as B-1. Seconded by Councilman Ruiz. Roll call vote. All voted aye. Councilman Smith moved to accept Lots 3, 4, & 5 of Hall's Addition as RA2. Seconded by Councilman Ruiz. Roll call vote. All voted aye. Councilman Smith moved to table rezoning on Bertschi Addition until September loth because of the indecision of the Coca Cola Bottling Co. as to where to build their new plant. Seconded by Councilman Granmo. Mr. Allen Gower, 1175 Meridian Road, who operates a welding shop between Lot 5 and Coke Plant stated that he had sold his home to establish a business and that he cannot obtain a loan on the property if it is zoned residential. Question called. Motion carried. Councilman Smith moved to accept Northwest Tracts R-5 (mobile homes). Seconded by Councilman Zauner. Roll call vote. All voted aye. Councilman Saverud moved to accept Circle K as B-1. Seconded by Councilman Grainger. Roll call vote. All voted aye. Councilman Smith moved to accept Lot 1, Block 1 of Adams Addition on the corner of Meridian Road and 3 Mile Drive as B-2. Seconded by Councilman Zauner. Roll call vote. All voted aye. Councilman Smith moved to accept Lots 1, 2, & 3 in the extreme westerly portion of Underhill Addition as RA-2. Seconded by Councilman Zauner. Roll call vote. Council- man O'Boyle voted no. All others voted aye. Motion carried. Councilman Smith moved to accept Lloyd's Addition, located on Meridian Road and West Wyoming B-1. Seconded by Councilman Daley. Roll call vote. All voted aye. Councilman Smith moved to accept Quirt's and Stubb's Additions as RA-1. Seconded by Councilman Ruiz. Jerry Oftedahl, N. Meridian Road stated that he had petitioned for B-3 and has been willing to compromise to B-1. He stated his property is outside the City and is valuable only as commercial development. Don Ryan, 306 Liberty, Herman Felsman, 2 Mile Drive and Meridian and Bob Lopp, Rosewood Drive, all City residents, stated that they would like these additions zoned RA-1 to protect the value of their residential property in Adams Addition. Glen Thompson and Wayne Morris concurred with the statements of the other residents that residential zoning keeps their property at a saleable value. Question called. Roll call vote. Councilman O'Boyle voted no. All other councilmen voted yes. Motion carried. This concluded passage of first reading Ordinance #934. City Attorney Donahue was instructed to get description as changed for posting by city clerk. Mayor Happ thanked Gary Hill, Dale Haarr and Jim Thompson for their input and explan- ation of decisions on zoning. MISCELLANEOUS Mayor Happ asked for a meeting of the gambling committee as soon as possible. At the request of Mayor Happ, Councilman Smith moved that Mayor Rapp be allowed to leave the state to attend the National League of Cities & Towns meeting in Las Vegas in November. Seconded by Councilman Ruiz. Motion carried. A request from Wheatons Cycle and Toy to place a bicycle rack on the sidewalk was referred to the Safety Committee for recommendation. It was noted by Councilman Daley that prior similar requests had all been denied. C. Zauner moved to adjourn at 11:20 p. m. Seconded by Councilman Smith. Motion carried. Minutes approved as presented September 10, 1979. r ATTEST: Ma jorie Giermann, City Clerk