09/10/79 City Council Minutes475
THE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS EELD IN THE COUNCIL CHAMBERS AT
CITY HALL AT 7:30 P. M., MONDAY, SEPTEMBER 10, 1979. MAYOR HAPP PRESIDED. COUNCILMAN
DALEY ABSENT. ALL OTHER COUNCILMEN WERE PRESENT. MAYOR HAPP REPORTED THAT COUNCILMAN
DALEY IS HOSPITALIZED AND HAD TRIED TO BE DISCHARGED TO ATTEND THIS MEETING, BUT HAD
BEEN ADVISED NOT TO DO SO.
Councilman Grainger moved that the minutes of the regular meeting of August 20, 1979
be approved as presented. Seconded by Councilman Smith. Motion carried.
'
OPEN BIDS - Asphaltic -Concrete Paving -
Woodland Park
Firm Security
Contractor's
Bid
Number
American Asphalt Inc Bid Bond
2736A
$14,617.5o
Pack & Company Inc Bid Bond
2760A
14,958.54
Councilman O'Boyle moved to refer the bids to the Parke Committee with power to act.
Seconded by Councilman Saverud. Motion carried. If Chairman Daley cannot act,
Councilman O'Boyle will assist.
OPEN BIDS - Street Reconstruction on Second Avenue West - 2nd to 4th Streets
Firm Security Contractor's Bid
Number
Pack & Company Inc Bid Bond 2760A $45,614.22
American Asphalt Bid Bond 2736A
38,771.80
Councilman Zauner moved to refer the bids to the Street & Alley Committee with power
to act. Seconded by Councilman Smith. Motion carried.
PUBLIC HEARING - Pederson Annexation
ORDINANCE #935
Hearing no opponents, Councilman Smith moved first reading to enact Ordinance #935 an
ordinance to extend the city limits to include Pederson Addition #106 with usual park
requirement. Seconded by Councilman Zauner. Roll call vote. All voted aye.
PUBLIC BEARING - Ronnie Sheppard Application for Gaming License -VFW Club
Councilman Grainger moved to accept the application of Ronnie Sheppard for a gaming
license at the location of the VFW Club at 111 Main Street. Seconded by Councilman
Zauner.
City Attorney Donahue interjected the fact that Mr. Sheppard has been convicted of a
gambling violation in 1976. Mr. Sheppard was asked about this and he replied that he
was convicted of a misdemeanor and that his dealers license had been suspended for 6
months at that time.
Councilman Saverud moved to table the motion to approve until the gambling committee
can review and make a recommendation. Seconded by Councilman Zauner. Motion carried.
ADDRESSING THE COUNCIL
Gazmen Meadows, owner of the Meadows Real Estate located at the premises described as
-�
Lot
72
A, Resubdivision
(33-35 8th St. E.)
of parts of Lots 9, 10, 11 and 12, Block 105, Subdivision No.
presented a request that the council pass a motion to instruct
the
City Attorney to
enter a compromise judgment in the pending suit (Case 29789 -
an
action brought by
the City of
Kalispell at request of Board of Adjustment in that
he
is in violation of
a variance
granted several years ago) with terms and conditions
as
follows:
1. Said building may be utilized as a "professional office" building as defined
by the zoning laws of the City of Kalispell, except that no medical or dental
profession shall be permitted.
2. Acknowledge that there are two separat+t existing offices in the building with
two separate entrances and two separate addresses.
3. There shall be no further expansion of the building permitted.
47f;
4. There shall be no more than two separate businesses allowed to occupy the
building at any time.
5. Occupants of the building shall be urged to park in legal parking spaces
south of the premises.
6. All signs on the exterior of the building must be mounted flush with the
building and there shall be no more than three signs permitted on the exterior of
the building with no more than 64 square feet total sign area. Maximum size of
any sign shall be 32 square feet.
7. No more than 10 persons shall be permitted to occupy said building for
the purpose of performing routine office duties.
'
It is my understanding that all of the above items were agreed upon at the above
mentioned meeting except for item #7. It is my hopes that my suggested wording on
that one last issue will be acceptable so that we may get this settled without having
to resort to trial in district court.
Councilman Saverud moved to accept the BOA recommendations with the exception of #7
which would read 9 persons. Seconded by Councilman Zauner.
Discussion followed with input from councilmen and area residents. What is meant
by 'routine office duties'? Does this mean just secretaries or all employees? Does
it include the boss?
Councilman Smith moved to amend the motion to read 'occupied or employed in said
building exclusive of customers'. Seconded by Councilman Granmo.
Sterling Rygg stated that he would like to see the suit go ahead and be decided by
the court. Mrs. Rygg stated that their only exit is the alley and there is a lot of
fast traffic - some of which is due to attorneys offices and the courthouse, but
some is due to the real estate office.
Councilman Ruiz stated that he had looked at the situation and the parking several
times and can see no traffic problems caused by Mr. Meadows business. He should
be allowed to run his business with whatever personnel he deems necessary to the
operation. Who will police the business as to number of employees?
Question called on amendment. Motion carried.
Question called on motion. Motion carried.
City Attorney Donahue will prepare offer to Mr. Meadows' attorney.
COMMITTEE REPORTS
FINANCE
RESOLUTION #3255
Councilman Ruiz moved adoption of Resolution #3255 a resolution to approve a transfer
among appropriations within 'a general classification of expenditures ending the
fiscal year, June 30, 1979. Seconded by Councilman Smith. Roll call vote. All voted
aye.
RESOLUTION #3256
Councilman Ruiz moved adoption of Resolution #3256 a resolution to transfer within
the City Hall maintenance budget line item Office Equipment Maintenance to Water
in the amount of $1,000.00. Seconded by Councilman Saverud. Roll call vote. All
voted aye.
RESOLUTION #3257
Councilman Ruiz moved adoption of Resolution #3257 a resolution to transfer S & C
Sinking Funds to close out S & C sinking funds for the years 1967, 1968 and 1969.
Seconded by Councilman O'Boyle. Roll call vote. All voted aye.
RESOLUTION #3258
Councilman Ruiz moved to adopt Resolution #3258 a resolution awarding sale of
$300,000.00 Special Improvement District No. 328 Bonds, and prescribing their form
and terms and covenants of the City for the security of the holders thereof.
Seconded by Councilman O'Boyle. Roll call vote. All voted aye.
477
Councilman Ruiz reported that the annual clerk's report was sent to the WA office in
Helena on August 23, 1979.
Councilman Ruiz reported that the finance committee met and reviewed the claims for
August and moved that all claims found to be in order be paid. Seconded by Councilman
Grainger. Motion carried.
ANNEXATION
Councilman Smith reported that the annexation committee needs more time to review the
rezoning on the Bertschi Addition and that item will remain tabled.
ORDINANCE #934
Having considered the second reading of Ordinance #934 on rezoning of certain areas
within the City, Councilman Smith moved to enact Ordinance #934. Seconded by Council-
man Zauner.
James R. and Bette L. Gilbert presented the following letter to Mayor Happ and Council-
men:
September 9, 1979
Dear Mayor Happ and Council Members:
As joint owners of lots 18, 19, 20, and 21 of Baker's Southside
Addition to Kalispell, we are opposed to the proposed B6 zoning
designation for our property. Said lots and the buildings thereon
are currently for sale. The narrow restrictions of allowable uses
as stated in the B6 classification make the property impossible to
sell.
Because it is not a through street First Avenue West carries a
minimal amount of traffic -south -of llth Street. This fact, combined
with the proximity of the property to the city maintenance shops,
makes retail trade, resort business, or recreational use very
unrealistic. The streets providing access to the area are such that
tourists could never find their way to any business at that location,
nor would they even be aware of its existence.
We are recommending that you reconsider the zoning for the area in
question and change the south boundary of the proposed B3 zoning area,
between First Avenue West and Airport Road, to 18th Street South.
Respectfully,
Isl Bette L. Gilbert
Isl James R. Gilbert
James R. and Bette L. Gilbert
Councilman Smith called on Zoning Commission Chairman Baarr for a review of the
decision of the commission on this area. Mr. Haarr stated that there was very little
input from anyone south of Korn Buick down Airport Road. The commission had felt
-
that B6 would encourage tourist types of business and they had weighted in favor of
the lighter commercial area.
Mr. Gilbert apologized for being late with his request and explained that he had been
out of town a great deal.
Councilman Saverud moved to amend Ordinance #934 that everything in B6 West of Airport
Road be deleted for review. Seconded by Councilman O'Boyle. Roll call vote. All
voted aye.
Question called on original motion. Councilmen O'Boyle and Grainger voted nay. All
other councilmen voted aye. Ordinance enacted.
Councilman Smith moved to accept the recommendation of the City County Planning Board
to amend the Comprehensive Plan in an area on Buffalo Hill west of Grandview Drive,
east of and including Northridge Heights -south of Park View Terrace and North of
Kalispell Regional Hospital from urban and low density to high density. Seconded by
Councilman Saverud.
478
Mayor Happ directed that it show in the minutes that Councilman Daley wanted to leave
the hospital to attend this meeting.
Steve Petrini, Executive Director APO, displayed a map and showed the various changes
in the area being considered. Besides the change in density, the recommendation is
to make a through road from LaSalle to Highway #93.
Councilman Grainger asked why we do not want to zone the area commercial because of
traffic problems and then change to high density residential which would create as much
extra traffic as commercial. Mr. Petrini explained that this area had always been
considered by the CCPB as best for residential because of the availability of city
services and that at the 1974 plan the maximum residential was 10,000. With this
change it would increase to about 14,000. Looking ahead to increased residential needs
this area is the best.
Bill Wheeler, 15 3rd. Ave. East read the council a letter which stated in part that
Northridge, the golf course, hospital and other developments on Buffalo Hill are
situated on some of the best gravel deposits in Flathead Valley, and this is true of
the proposed mall development. Prior to any development, some method of salvage and
use of this gravel should be devised. Also, traffic on Highway #93 at this site is
about to reach the saturation point. Mr. Wheeler suggested that the Kalispell Redev—
elopment Group, Flathead County commissioners and the Kalispell City Council build
a suitable courthouse complex at this site, even if we must bond the County. In
essence, Mr. Wheeler continued, I am for zoning this area as commercial and public
and annexation to the city provided the above problems are properly handled.
Attorney Dan Johns, representing Developers Diversified, proposed developers of a 50
acre tract in the Buffalo Hill area, addressed the council with the fact that 3 acres
within the area being considered has already been zoned commercial (Buffalo Hills
Apartments and Commercial Addition #84). The 50 acres being considered for a mall is
suitable because it is available and vacant; follows the growth of the City; there is
a need for a mall which is evident if you go to the Southgate Mall in Missoula and
see the number of Flathead County vehicles; the market has been studied by an unbiased
firm in Spokane; major tenants have been contacted; Stahly Ebro neers & Associates have
estimated that the mall would use 15,000 gallons of water per day compared to a
possible 2000 residential units at 280 gallons per day. Mr. Johns stated that the
Highway Department has been contacted regarding the extra traffic. The mall, with its
own fire protection devices, would be less likely to require services from the fire
department than residences. Be added that Kalispell merchants should not fear
competition, as free enterprise is a good way of life and they would gain more than
they would lose.
Attorney Johns concluded by saying that anyone speaking on construction of the mall
should state whether or not they have a special interest.
The League of Women Voters went on record as supporting the recommendation of the CCPB
to amend the Comprehensive Plan. They do not oppose construction of a mall, but object
to the proposed location because of the extra traffic and extra water run-off.
Jim Thompson, architect for Taylor & Thon, stated that he has worked with the CCPB for
7 years and with the rezoning for 2 years and had worked with the Gateway West Mall with
no special interest. He would like to insure that this area being discussed stay
residential area. Missoula had 3 or 4 site choices and the community decided where they
would locate.
Bill Janes, Contractor, stated that he is a resident of Northridge Heights and for that
reason opposes building a mall in the area.
Councilman Ruiz stated that when the council was first approached, representatives of
Developers. Diversified were told that they could not have city services unless they
annexed. They were also told that the. Comprehensive Plan would have to be changed
before the area could be annexed. Now that he has been informed that part of this area
was annexed as commercial zone without a change in the CP and that this has been with—
held either knowingly or unknowingly, Councilman Ruiz moved that in the absence of
Councilman Daley, the motion to amend the Comprehensive Plan be tabled until the next
regular meeting, September 17th. Seconded by Councilman O'Boyle.
Councilman Ruiz said the plan might have to be modified. Be wants to visit with
constituents. The high density would create more traffic and more demand on city
services than a mall. Perhaps it should be left zoned R3 or R4.
Question called. Motion carried.
Mayor Happ declared a recess at 10:00 P. M.
479
Meeting reconvened at 10:10 P. M.
EMPLOYMENT
Councilman Zauner had no report.
STREET & ALLEY
REQUEST BY HEDGES SCHOOL TO BLOCK 5TH AVENUE EAST
Councilman O'Boyle moved to grant permission to Hedges School Officials to place sawhorses
on 5th Avenue East from 8th to 9th Street on school days from 8 A.M. to 4 P.M. and school
officials are liable for placing and removing same. If this is not complied with and
sawhorses are not kept inside a building when not in use, the privilege will be revoked.
Seconded by Councilman Grainger. Motion carried.
The request by J. Austin Miller and Stewart Carpets to have parking meters installed
beginning at the corner of Center Street and Third Avenue West (on the south side of
the street), easterly to the corner of Center Street and Second Avenue West, thence south
on the west side of Second Avenue West; thence west on the north side of First Street
West will be acted on after Mr. Miller's new office building is built.
The Flathead Safety Council will meet for breakfast at 7:30 A. M. at Perkins on September
12th. Councilaan O'Boyle requested someone from Street & Alley, Safety, Fire and Police
to attend as they will be discussing parking at Flathead High School.
I owe @ TO 3 0ren0151\W
ORDINANCE #933
Having heard the second reading, Councilman Saverud moved to enact Ordinance #933 an
ordinance approving the Kalispell Downtown Redevelopment Plan for the City of Kalispell
as an urban renewal plan and the feasibility of relocation; authorizing the Mayor to
implement the plan with powers contained in the urban renewal law. Seconded by Council-
man Smith. Roll call vote. All voted aye.
Councilman Saverud moved that the Director of the Community Development Department be
authorized to advertise for bids for demolition, clearance and site preparation of Lots
2 through 6, Block 69, Kalispell Original Ord. Ave. West between 3rd and 4th Streets)
with bid opening October 1st. Seconded by Councilman Smith. Motion carried.
Councilman Saverud moved that the reappraisal value of the above lots estahlished by
Brown Appraisal Service on August 27th, 1979 at fair market value of $77,500 based on
HUD approval for Elderly Assisted Multi -Family Housing be accepted. Seconded by Council-
man Zauner. Motion carried.
Councilman Saverud moved that the Director of the Community Development Department be
authorized to advertise Lots 2 through 6, Block 69 Kalispell Original be advertised for
sale. Seconded by Councilman O'Boyle. Motion carried.
Director Gallagher announced a public meeting in the council chambers at 7:30 P. M.,
Tuesday, September llth on direction for application for funding in the amount of 1.5
million dollars.
SEWER & WATER
Councilman Granmo reported that attendance was low at the September 6th 201 meeting held
at the Evergreen School. A recommendation is being drafted to EPA for funding to continue
studies and plans for a sewer system for Kalispell and surrounding areas.
Councilman Granmo reported that the WestNorth Storm Drain is complete except for a small
change order for street repairs and final inspection will be this Wednesday at 9 A.M.
The BastNorth Storm Drain and Street Reconstruction Project is still scheduled for bid
letting on December llth.
SAFETY
Councilman Grainger reported that the bid for 2 police cars was awarded to Hines -
Chrysler -Plymouth for 2 1980 Plymouths.
The request by Wheatons Cycle and 'toy for a bicycle rack will be resolved by next meeting.
480
Councilman Grainger moved to confirm the appointment by Mayor Happ of Martin Stefanie
as police chief. Seconded by Councilman O'Boyle. Motion carried.
LICENSE & PERMIT BONDS
Michael Will dba
Mike Will Electric
Electrician Continuation Certificate
Councilman Grainger moved that all license and permit bonds reviewed by City Attorney
Donahue be accepted. Seconded by Councilman Saverud. Motion carried.
Chuck Houston, 1311E 2nd St. West presented a petition signed by 29 property owners
of Meridian Lots and Storm's Meridian Lots as follows:
We property owners of Meridian Lots and Storm's Meridian Lots hereby challenge
the validity of the variances and subsequent building permits which have
supposedly been granted Kalispell Welding Works.
We invite members of the City Council, Zoning Board, and Board of Adjustments
to examine the enclosed recorded Agreement to Deed of one portion of this
business, signed by Clinton and Velma Houston and Wally and Alfred Getz, in
which the Buyers agreed to fence and contain all parts of this business from public
view. It is very evident this agreement has been flagrantly abused. This condition
has been questioned at other times with very little enforcement or satisfaction.
The Meridian Lots adjoining Storm's Meridian Lots are zoned residential. It is
long past due that we have the support of the Council, Zoning Board, and Board
of Adjustments in getting this deplorable mess cleaned up ---or revoke a
questionable variance.
City Attorney Donahue told Mr. Houston that the statute of limitations on the agreement
has expired - that the agreement was between property owners and had nothing to do
with the City - that he should have done something a long time ago if the situation
was not satisfactory.
The area will be reviewed by the soning commission and City Attorney Donahue will
look at the petition and agreement.
Mayor Happ appointed the following persons to the Board of Appeals which is necessary
since the council enacted the ordinance for abatement of dangerous buildings:
Bob Erickson
Joe Montgomery
Karen Barbee
Bill Heinecke
Charles Tillson
Councilman Saverud moved council confireation of the appointments. Seconded by Council-
man O'Boyle. Motion carried.
Councilman Saverud moved to adjourn at 10:35 P. M. Seconded by Councilman Smith.
Motion carried.
Minutes approved as presented September 17, 1979.
Norma E. Happ, Mafrof
ATTEST:
I I
Mari ie Giexmann, City Clerk i