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10/01/79 City Council MinutesL�,�'5- THE REGULAR MEETING OF THE CITY COUNCIL MET MONDAY AT 7:30 P.M., OCI'OBER 1, 1979 IN TBE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT'. APPROVE MINUTES Councilman Saverud moved to approve the minutes of the regular meeting of September 17, 1979 as presented. Seconded by Councilman Daley. Motion carried. OPEN BIDS - Demolition and Site Preparation (HUD) Elrod School Neighborhood Project 1-79 Firm Contractor's Security Bid License No. McElroy & Wilken Box 35 Kalispell 3529A Cashier's Check $20,650.15 Hawley Construction applied for Cashier's Check 36,890.00 179 Birch Drive Kalispell Pack & Company 2760A Bid Bond 22,128.00 Box 222, Kalispell Councilman Saverud moved to refer the bids to the City Development for review and power to act. Seconded by Councilman O'Boyle. Notion Carried. ADDRESSING THE COUNCIL Dean Jellison, representing the Kalispell Airport Association, addressed the council with a request for a resolution approving a loan from the Aeronautics Division, DCA, in the amount of $6,914.00 together with .interest at the rate of 5%. Mr. Jellison explained that payments on the loan are over a period of 10 years and that the money is available from the gasoline tax credited to the airport fund and will not require a mill levy. RESOLUTION 110. 3260 Councilman Daley moved to adopt Resolution No. 3260 a resolution entitled: "A Resolution of the City of Kalispell of the County of Flathead, Montana, ratifying and approving a loan from the Aeronautics Division, Department of Community Affairs, of the State of Montana, in the sum of $6,914.00, together with interest at the rate of 5% per annum on the unpaid balance of the principal." Seconded by Councilman Smith. Roll call vote. All voted aye. COPM7ITTEE REPORTS SAFETY Councilman Grainger introduced the new police chief, Martin Stefanic. Fire Chief Doty asked that a meeting be scheduled with the safety committee to discuss the ambulance service. SEWER & WATER Councilman Granmo reported that Schedules II and III of the Plater Well lAprovement Project are 90% complete with 75% of time elapsed so are well ahead of schedule. Councilman Granmo reported that they have seen a demonstration of mechanical dewatering to alleviate the odor problem at the wastewater treatment plant. They are pursuing the cost of such an operation. CITY DEVELOPM= Community Development Director Gallagher explained the purpose of the preapplication for the second HUD Grant. He told of the increased area it would cover for remodeling homes, going from the present 12 blocks to 31 blocks. It would also cover commercial rehabili- tation, with the First NW National Bank acting in the same type of partnership with matching local money that the First Federal Savings & Loan does with residential. Commercial redevelopment must show that it will create additional:employment to be eligible. Mr. Gallagher also explained that the survey showed that 20% of households in this area house some type of handicapped persons. As long as a halfway house is not established, these homes are eligible for rehabilitation into hones for independent living for the handicapped. Bill Crivello, representing Flathead Industries for the Handicapped, expressed appreciation for singling out their people for aid under the HUD Grant. Only one HUD application in the State of Montana will be selected for the grant. If we are successful on the preapplication, notification will come the middle of November. Councilman Saverud moved that Mayor Happ be authorized to sign the preapplication for the second HUD Grant in the amount of $1,500,000.00. Seconded by Councilman O'Boyle. Motion carried. ,4f g (a STREEP & ALLEY Councilman O'Boyle moved to remove E. California Street from the Urban System and place E. Oregon thereon because California Street reconstruction has not been completed and E. Oregon has and can be used as a bypass for Idaho Street traffic. Seconded by Councilman Daley. Motion carried. Councilman O'Boyle reported that reconstruction on 2nd Avenue West will be completed within two weeks unless there are weather problems. GAMBLING Councilman Daley moved to authorize Mayor Happ to issue a gaming license to Ronnie Sheppard to lease and operate the VFW Club gambling. Seconded by Councilman O'Boyle. Motion carried. EMPLOYMENT Councilman Zauner had no report. ANNEXATION ORDINANCE #935 Having heard the second reading, Councilman Smith moved to enact Ordinance #935 an Ordinance to extend the city limits to include Pederson Addition #106. Seconded by Councilman Zauner. Roll call vote. All voted aye. COMPREHENSIVE PLAN Councilman Smith moved to remove from the table the motion to accept the recommendation of the City County Planning Board to amend the Comprehensive Plan as passed by Flathead County Resolution #10. Seconded by Councilman Granmo. Councilman Daley stated that to legislate is denying free enterprise to work. There has been no request for residential development in this area. There are 400 homes for sale in Kalispell. Some people like to shop downtown and some like a mall and some like both. He added that he has no personal interest, but in the interest of the City we -need the increased tax base. Councilman Daley moved to modify the motion to amend the Comprehensive Plan as recommended by the City -County Planning Board to change the permitted land uses in Section 6 to conform to those uses set forth in the alternative plan, map 3-A, as beforethePlanning Board on September 4, 1979. This modification shall be contingent upon the following: 1. Annexation of the site of the proposed mall on Buffalo Hill with appropriate zoning to permit such development; 2. Issuance of access permits by the Montana Highway Department from U.S. Highway 93 to the site of the proposed mall; 3. Performance of the above two conditions on or before October 1, 1981, or abandonment of the shopping mall project bit Developers Diversified or whichever first occurs. This time limit may be extended by the Kalispell City Council. In the event these conditions are not met, this proposed modification shall fail and the motion as originally adopted shall be effective. Seconded by Councilman O'Boyle. Lois Sampson, representing the Flathead County League of Women voters, addressed the council regarding the proposed Mall with the following statements: 1) that the league firmly believes in proper land use; 2) they dislike the criticism directed at a member of the C C P B (because he is an architect), who has worked long and hard on the Board; 3) they disagree that the terrain can carry storm water satisfactorily, that a traffic problem will not develop and that commercial zoning will work. Mrs. Sampson stated further that they would like to see future expansion in that area as an extended care unit at the hospital rather than residential or commercial. Mrs. Sampson asked about rumors that Developers Diversified will pay for a traffic light at their location, but not for another five required lights; D. D. building a bridge across the Stillwater River; if you designate the land commercial, what guarantee will there be that it will be only a mall; and that D. D. will ask the City to back their bonds. Mr. Ronald Schivinski, representing D. D., replied that they are not going to build a bridge; they have agreed to one traffic light at Sunnyview & Highway 93; that at this time their plans are strictly for a mall but in the future there might be other businesses; and that at some time in the future they might ask the City to back industrial revertue bonds. 487 Mrs. Sampson concluded by saying that the League is not against a mall, but against this particular location. Jane Powell spoke for the mall, her reasoning being that people go out of town to shop at malls and the money should be spent locally. Tony Pepe stated that the issue was not the mall but land use. He said that the other three directions from town are developed as commercial and the area on Buffalo Hill is the only beautiful area left and why destroy it. William A. Janes asked if there has been plans by the CCPB to change Highway 93. Mr. Petrini replied there has not. Councilman O'Boyle stated that TP.0 is now making a study to obtain a truck by-pass. Councilman O'Boyle reported information that DD will dedicate land to widen Sunnyview because of a safety problem; they will provide a light at Sunnyview and at North Meridian; will provide a fifth lane off Highway 93; will provide walkways; will provide a green belt; and will provide a storm water drainage into Stillwater if allowed by Montana Fish & Game. Dan Johns, Attorney representing DD, stated that a holding pond, properly screened, can be provided for storm drain which will soak in or drain into Stillwater with no pollution. The traffic will be thoroughly studied; the interior and exterior will be reviewed by a committee with the right to refute; since the KM Department Store has decided not to move to the mall the City is invited to help select a department store; and City will have control and approval of tenants. Councilman Ruiz asked if a mall location has been put into the Comprehensive Plan. Steve Petrini answered that their goal had always been to maintain a strong downtown and neighborhood shopping areas such as Gateway West and other conmrcial shopping areas. Question called. -:Councilmen O'Boyle, Daley and Ruiz voted aye. Councilmen Grainger, Granmo, Saverud, Zauner and Smith voted no. Motion defeated. Councilman Ruiz moved to table the motion by Councilman Smith to adopt the recommendation of the CCPB to adopt the amendment to the Comprehensive Plan until land use and the problem of high density can be discussed. Seconded by Councilman O'Boyle. Tie vote. Mayor Happ voted aye. Motion carried. FINANCE Councilman Ruiz moved prior approval to September claims subject to review by the Finance Committee. Seconded by Councilman Daley. Motion carried. MISCELLANEOUS City Attorney Donahue reported a letter from School Supt. Allred. The letter stated that the fire department is carrying out duties at school and have been very cooperative. The School will try for better egress and ingress and will be meeting with Fire Chief Doty and will do everything they can within their budget. S.I.D. $327 Because of no auxiliary financing and the lack of funding of the revolving fund by the City of Kalispell to the maximum amount, Councilman Granmo moved to approve the request of D. A. Davidson to withdraw their bid on the sale of bonds and authorized the Treasurer to refund their good faith check. Seconded by Councilman Daley. Motion carried. The Contractor on S.I.D. #327 will be notified that we cannot enter into a contract at this time. Doug Rauthe, Rauthe's Paint & Glass, thanked the Council for their time spent on rezoning and other issues during the last few months. Councilman Daley moved to adjourn. Seconded by Councilman Smith. Motion carried. Minutes approved as presented October 15, 1979• Norma E. Hopp, Mayor ATTEST: