Loading...
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