01/07/80 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS
HELD AT 7:30 P.M. MONDAY,
JANUARY
7, 1980 IN THE COUNCIL
CHAMBERS AT CITY HALL.
.1,
APPROVE MINUTES
Councilman Daley moved
that the minutes of the regular
meeting of December 17,
1979 be
approved as presented.
Seconded by Councilman Zauner.
Motion carried.
OPEN BIDS - Proposal for salvage and removal of Walts Auto Building
FIRM
CONTRACTOR'S
BID SECURITY
BID
LICENSE NO.
Romain Excavating
4142A
Cashier's Check
$9,750.00
Stewart & Janes
2918A
Cashier's Check
4,750.00
Pack & Company 2760A Cashier's Check 4,844.00
McElroy & Wilken 3529A Bid ,Bond 5,350.00
Councilman Saverud moved the bids be referred to the City Development committee with power
to act. Seconded by Councilman O'Boyle. Nbtion carried.
PUBLIC HEARING - E1 Dorita Village Addition #111
ORDINANCE #943
There being no opponents to this annexation, Councilman Smith moved first reading to enact
Ordinance #943 to.extend the corporate limits of the City of Kalispell to include E1
Dorita Village, Addition #111, zoned RA1. Seconded by Councilman Ruiz. Roll call vote.
All voted aye.
PUBLIC HEARING- Ken -Way Addition #110
ORDINANCE #944
Hearing no opposition, Councilman Smith moved first reading to enact Ordinance #944 to
extend the corporate limits of the City of Kalispell to include Ken -Way Addition #110,
a 6 lot subdivision. Seconded by Councilman O'Boyle. Roll call 'vote. All voted aye.
-a
ADDRESSING THE COUNCIL
Les Madsen, 333 Edgewood Drive, owner of an apartment house at 931-933 4th Avenue East
addressed the council with his concern with locating a variance issued when the apartment
was built. The complex does not comply with the off-street parking ordinance and a
variance must have been granted, but there is no record of the variance at City Hall. He
requested a letter or statement from the Council assuring continued use of the 12 off-
street parking spaces. Two of these spaces are being contested in court. The complex is
16 units with 12 parking spaces. By ordinance 24 parking spaces are required. Building
Inspector Shoemaker stated that he has searched, but there is no variance on record.
Mayor Happ referred the problem to the Annexation Committee.
COMMITTEE REPORTS
ORDINANCE #945
Councilman Grainger moved first reading of Ordinance #945 an ordinance to amend Section
22-6 of the City Code to conform with Section 7-32-301 and 7-32-302 of the State Code
concerning residence requirements for policemen and the right of the council to waive
the requirements. Seconded by Councilman Granmo. Roll call vote. Councilman Daley
voted nay. All other Councilmen voted aye. First reading passed.
Councilman Grainger directed that City Clerk Giermann inform Gwen Biggar to hold up on
changing the base policy on City property from Standard to All-purpose Risk until March
lat.
SEWER -_&_WATER
Councilman Granmo reported that the initial lease proposal for the Big A machine for
sludge soil injection was rejected. They are now dealing with another leasing company.
The lease will cost $120 more per month, but the purchase price at the end of the lease
will be less.
Councilman Granmo moved that Mayor Happ be authorized to sign the agreement with the
leasing company for the Big A machine after review by City Attorney Donahue. Seconded
by Councilman Smith. Motion carried.
Councilman Granmo reported that the Sewer & Water Committee are looking at water improve-
ment proposals which should be done now before prices and interest costs escalate even
more and pay for water bonds with future water receipts.
CITY DEVELOPMENT
Councilman Saverud reported that he has received word from HUD that the $1,500,000 grant
application has been approved and the department will be funded for 3 more years. The
grant will help with rebuilding and remodeling of 31 blocks within the City plus the
downtown area.
ORDINANCE #939 - Uniform Building Code
Councilman Saverud moved the second reading of Ordinance #939 an ordinance adopting the
1979 Uniform Building Code and 1979 Uniform Mechanical Code. Seconded by Councilman
O'Boyle. Roll call vote. All voted aye.
ORDINANCE #946
Councilman Saverud moved first reading of the 1979 Uniform Plumbing code. Seconded by
Councilman Zauner. Roll call vote. All voted aye..
Councilman Saverud moved that Mayor Happ be authorized to have galvanized coping placed
around the perimeter of city hall to eliminate the moisture penetration which is down
two rows of blocks. This was eliminated in the first change order to meet a necessary
cut in the contract. Cost is not to exceed $3,999.00., Seconded by Councilman O'Boyle.
Motion carried.
STREET & ALLEY
Dr. Oscar Swenson, Margie Simpson and Neil Hart, all residents of Buffalo Hill, addressed
the council concerning the one-way proposed ordinance for Mission Street. Dr. Swenson
stated that it creates a one -mile detour for him and for his family (five cars) and that
they make numerous trips downtown each day. It is also creating a traffic problem on
Burns Way where it intersects Highway 093. The traffic is moving at a much faster pace
and visibility is not as good as it is at Mission Street where traffic is restricted to
25 miles per hour. Dr. Swenson suggested that if the street is sanded there is no traffic
hazard at the intersection with the highway. An alternate plan suggested is to post some
kind of warning signs for persons who are not familiar with the area. Area residents
know of the hazard and are careful. Mrs. Simpson suggested a one-way between the alley
south on Clairmont between the Lutheran Home and L. D. S. Church so that only area resi-
dents and the Lutheran Home would be going south on Mission Street. Mr. Hart reported
that there is a real hazard at his residence at 164 Charlotte. Vehicles are always
stalled or stuck and this is -the route people have to take when Mission Street is one
way from south to north.
Councilman O'Boyle stated that he realized the hazard at both Mission Street and Burns
Way where they intersect the highway and this was the way of getting input from persons
using these roads.
Councilman Smith moved to refer back to the Street & Alley Committee for further study.
Seconded by Councilman Zauner. Motion carried.
Councilman O'Boyle stated that he ,regretted the fact that the press had not mentioned
previous discussion on Mission Street.so that area residents could have been informed
that the council was working on the problem. 11
Councilman Ruiz suggested that the council vote on and defeat the second reading of the
Ordinance enacting the one-way on Mission.
Councilman O'Boyle moved to remove signs on Mission and work on warning signs for the
area. Seconded..by Councilman Daley. Motion carried.
PARKS
RESOLUTION #3273
Councilman Daley moved adoption of Resolution to Adopt and apply to the City the provisions
of Title 2, Chapter 9, Part 1, M.C.A., relating to liability exposure of city officers
and employees. Seconded by Councilman Grainger. Roll call vote. All voted aye. City
Attorney Donahue recommended that training sessions should be held for all city employees
regarding the above resolution.
Councilman Daley announced a meeting of the Airport Board at 7:30 P.M. Wednesday, January
9, 1980 to discuss the Mimi -Master Plan for the airport. The airport board will be in
attendance and he invited all council members, Park Supt.= Drent, Mayor Happ and City
Attorney Donahue.
EMPLOYMENT
Councilman Zauner had no report.
i Ts0y
Councilman Ruiz reported-that'the finance committee met and reviewed the claims for
December and moved they be paid.Seconded by Councilman Daley. Motion carried.
ANNEXATION
RESOLUTION #3274
Councilman Smith moved adoption of Resolution #3274 a resolution of intention --to annex
Hansen Addition #114 as�N zone with the conditions that $100 In Lieu of Park Land be
paid; waiver of annexation and waiver of S.I.D.'s. Seconded by Councilman Saverud. Roll
call vote. All voted aye. Area is at 845 East Oregon.
ORDINANCE #938 - Meridian Addition zoning
Councilman Smith moved the second reading of Ordinance #938 an ordinance to rezone
Meridian Addition I-1. Councilman Smith presented the following 'Findings of Fact'
upon which she based her motion.
MERIDIAN ADDITION REZONING
In rezoning the subdivision known as Meridian Addition, the
City Council of Kalispell makes the following:
FINDINGS OF FACT
1. That the area within the subdivision is adjacent to a rail-
road right-of-way and a large sawmill operation on the west which
has been there for many years.
2. That although zoned "Residential" when it was originally
platted with 3# lots many years ago, no new residences have been
built in the entire area of Meridian Addition with the exception of
the residence of the son of the original owners and perhaps one or
two others.
3. That the original owners sold more than one-half of the
platted lots to business concerns, knowing that some business
structures would be erected thereon.
4. That various businesses of the "Light Industrial" type
have been erected on a number of the lots in the subdivision at
considerable investments which investments would be subject to
being lost if the use of the lots should be restricted to residen-
tial use in the event such specific business should have to be
discontinued due to the death of the owner, economic hardships, fire
or other catastrophe, or for any other reason.
5. That of the 30 lots in the subdivision, the owners of A
of said lots requested the zoning designation be changed
to Lightndustrial.
6. That. the rezoning to Light Industrial gives reasonable con-
sideration to the character of the district in that the subdivision
lies on the western most boundary of the City of Kalispell in a
district that includes not only a majority of the lots within the
subdivision being devoted to business purposes but also a railroad
track with sidings, a large sawmill complex, undeveloped land on
the north which is outside the boundaries of the City, plus a National
Guard headquarters on several lots and a school complex on several
lots in close proximity to the subdivision.
9. That the rezoning to Light Industrial will have the effect of
conserving the value of a number of buildings presently constructed
within the subdivision in that it will permit the owners of such
buildings to put them to other uses,should it become necessary because
of any number of factors that the present use of such buildings and
structures be discontinued.
8. That because of various variances granted in years past, the
area comprised in the subdivision has developed into an area that is
particularly suitable for uses permitted under a Light Industrial
zoning designation and is not particularly suitable for residential
purposes, although some residences could conceivably be constructed
within the area by persons who did not mind the location or the
proximity to the existing business activities.
9. That a number of the presently vacant lots within the sub-
division are owned by persons also having businesses within the area
and it is therefore unlikely that such lots will be sold by them for
residential construction.
Seconded by Councilman Daley.
Councilman Granmo stated that all of the facts lean toward I-1 zoning and that as many
findings of fact could be found iri favor of zoning the area residential.
Mayor Happ asked for input from residents of the area.
Attorney William E. Astle addressed the council, representing the following property
owners:
LIST OF ASTLE & ASTLE CLIENTS
NAME LOT NUMBER STREET ADDRESS
KENNETH E. O'BRIEN Lot 1, Block 2, & 232 MERIDIAN ROAD
MAXINE J. O'BRIEN N 1/2 of Lot 2, Block KALISPELL, MT 5990
2, Storm's Meridian Lots
FRANCIS S. RED14OND
JANICE E. REDMOND
EUGENE F. THOMPSON
Lot 4, Block 1 & E 15
feet of Lot 5, Block 1,
Storm's Meridian Lots
W 1/2 of Lot 6, Lot 7,
Lot 8 and Lot 9, Block 1,
Storm's Meridian ,Lots
MELVIN CLIFFORD MANNING W 1/2 of Lot 11, Block 1,
CECT.LIA MANNING & Lot 12, Block 1, Storm's
Meridian Lots
1221-3RD STREET ?BEST
KALISPELL, MT 59901
1245-3RD STREET VEST
KALISPELL, MT 59901
1321-3RD STREET WEST
KALISPELL, MT 59901
BERNARD
0.
BOLME
Lot 13, Block
1,
& E 1/2
1325-3RD STREET WEST
CAROL O.
BOLME
Lot 14, Block
1,
Sto�:m's
KALISPELL, MT 59901
Meridian Lots
WILLIAM
R.
DOPP
Lot 1, Block
2,
& N 1/2
308 MERIDIAN ROAD
TWILIA H.
DOPP
Lot 2, Block
2,
Storm's
KALISPELL, ?IT 599g
Meridian Lots
ELSIE JANE
RICHARDS,
S 1/2 of Lot
2,
Block 2
TRUSTEE
& Lot 3, Block
2, Storm's
Meridian Lots
WILLIAM
N.
CHILTON
Lot 4, Block
2,
Storm's
1220-3RD STREET WEST
BARBARA
J.
CHILTON
Meridian Lots
KALISPELL, MT 59901
FLORENCE
NORBY
Lot 19,
Block 2,
Storm's
1315-4TH STREET
WEST
Meridian
Lots
KALISPELL, MT
59901
CARMIN C.
TIMMRECK
Lot 22,
Block 2,
and W 1/2
1305-4TH STREET
WEST
BETTY J.
TIMMRECK
Lot 23,
Block 2,
Storm's
KALISPELL, MT
59901
Meridian
Lots
HENRY E.
ROBINSON
E '1/2 of
Lot 23
& Lot 24,
1303-4TH STREET
147E^^
DORIS E.
ROBINSON
Block 2,
Storm's
Meridian
KALISPELL, MT
59 !
Lots
ROBERT B.
JOHNSON
Lot 25,
& N 1/2
of Lot 26,
330 MERIDIAN ROAD
GLORIA JOHNSON
Block 2,
Storm's
Meridian
KALISPELL, MT
59901
Lots
ERIC PAUL ROZELL
-Lot 4 &
Lot 5, Block 3,
1230-4TH STREET
WEST
LAURETTA
LYNN ROZELL
Stbrm's
Meridian
Lots
KALISPELL, MT
59902
CHARLES L. HOUSTON W 1/2 of Lot 8, Block 2 & 1314-2ND STREET WEST
IRENE T. HOUSTON Lot 10, Lot 11 & Lot 12, KALISPELL, MT 59901
Block 2, Meridian Storm's
Addition
u�
Mr. Astle.presented the following exhibits: i
1
1
P R O T E S T
Pursuant to 76-2-305, MCA, the undersigned hereby protest the
Industrial Rezoning of certain property more particularly known as
BLOCK 1 and BLOCK 2 of the MERIDIAN ADDITION to the Industrial zoning
category by the City Council of the City of Kalispell. The undersigned
each protest the rezoning of this property to the Industrial Zoning
category and further state that they own property in BLOCK 1 of STORM'S
MERIDIAN LOTS, as more particularly set forth hereinafter, and that
this protest is made pursuant to 76-2-305, MCA,* relating to protest
against the rezoning of BLOCK 1 and BLOCK 2 of MERIDIAN ADDITION to
an Industrial Zoning category.
DATED this day of December, 1979.
OWNERS OF LOT 1, BLOCK 1, and
N 1/2 o LOT
BLOCK 1, STORM'S
MER�O
E NETH E. 0 BRIEN
MAXINE Jf. O'BRIgV
232 Meridian Road
Kalispell, MT 59901
OWNERS OF LOT 4 and EAST 15 FEET
OF LOT 5, BLOCK 1, STORM'S
MERIDIAN LOTS: �
,-1 vn_�Iv'g,
RANCI S S . J/iON //
JAN
TCE E. REDMOND
12.21 3rd Street West
Kalispell, MT 59901
OWNERS OF W 1/2 of LOT 6, LOTS 7,
8 and 9 of BLOCK 1, STORM'S
ME IAN LOTS: 14
EUGE E F. THOMPSON
1245 3rd Street West
Kalispell, MT 59901
*76-2-305 (2), MCA
OWNERS OF W 1/2 of LOT 11 and
LOT 12, BLOCK 1, STORM'S
ME/RIDIAN LOTS:
MELVIN C. MANNING
ROSE CECILIA MANNING
1321 3rd Street West
Kalispell, MT 59901
OWNERS OF LOT 13 and E 1/2 of
LOT 14, BLOCK 1, STORM'S
MERIDIAN LOTS:
- BEAARD O. BOLME
OLME
ll/ifiZY a
CAROL O. BOLME
1325 3rd Street West
Kalispell, MT 59901
"(2) In case, however,,of a protest against such change
signed by the owners of 20% or more either of the area of the lots
included in such proposed change or of those immediately adjacent
in the rear thereof extending 150 feet therefrom or of those adjacent
on either side thereof within the same block or of those directly
opposite thereof extending 150 feet from the street frontage of such
opposite lots, such amendment shall not become effective except by the
favorable vote of three -fourths of all the members of the city or town
council or legislative body of such municipality."
tire'
HgrcF>s w,
;�5�
' NN'
14
'44
N
a
SO •
o
u
m
w\
w
V
ri
F�
January 3, 1980
Mr. William E. Astte
Attorney -At -Law
705 Main
KalispetL, MT 59901
Dear BILL:
In response to your request I have reviewed the property fronting
on Second Street West as identified on the attached plat. Your
request was also for an opinion from our firm, since we are both a
commercial -:industrial and a residential lender, as to the effect
on valuation and toanability should this area be zoned as commer-
cial -industrial. We understand that the present commercial
businesses exist in this area under a variance.
In our opinion, the residential property values have already been
discounted by the existence of the commercial establishments.
These would be discounted further should the area be zoned as
commercial -industrial as the lender would have no way of knowing
what type of enterprise might occupy the property.
No Lender Likes to Loan on a residential property backed up to a
commercial or industrial site. This also works in reverse when
considering the factors on an industrial type Loan. 1 feel that
this clearly points up the need for a buffer type zone in order
to preserve property values.
We hope you find our opinion to be of value in the settlement of
the problem.
Sinceret
Howard Au in
HA:jb
Enclosure
'financial Services Corporation
30 Second Street East
allspen, Montana 59901
hone 755-2080
1
BROWN APPRAISAL SERVICE
1097 S.Ul. MAnt
KA".P.,L. M.".... 99901
January,4, 1980
William E. Astle
Astle & Astle, Attorneys
705 Main Street
Kalispell, MT 59901
Re: what effect change of zoning could have on residential
properties located in "Meridian Addition and Storms
Meridian hots"
Dear Mr. Astl e:
The following is a brief explanation relating effects change of
zoning could have on residential properties located within the
two (2) subject subdivisions. The subject subdivisions known as
"Meridian Addition and Storms Addition" located on both sides of
Second, Third and Fourth Street West at the West city limits of
Kalispell and located between South Meridian Road and the Forest
Products Lumber Mill. The subdivisions consist of 31 and'55 lots
respectively, of which 18 lots front on the West line of Meridian
Road and the remaining lots front on the north and south lines of
Second, Third and Fourth Street West. Meridian Addition.is approx-
imately 65% - 70% developed, including five single family residences.
All streets are paved and Second, Third and Fourth Street West have
concrete curbs. Second Street West and Meridian Road carry moderate
to heavy auto and truck traffic at various times of the day. City
water, sewage, power and natural gas are provided and available to
all lots.
Topography of all lots is level to grade with little or no excavation
needed for normal residential construction.
These subdivisions have been and are presently zoned R-2 which permits
single and multi -family development only. Any variation from this
use must be determined by the government (city) which is usually
in the form of a "Variance".
Zoning is a portion of the police power of a government (city),
giving the public a right to control the use of private property
for the good of the entire community. Today, zoning as we are
acquainted with it, did not exist before the turn of the century
and as a result, communities have developments with many conflicting
(non compatable) uses. As growth continues these problems compound,
resulting in more and more restrictions.
Relating this problem with residential properties such as the
subject subdivisions and in order to protect property values,
conformity in neighborhood developments must be preserved. In
part, this means recognition of privacy.* Inversely, loss in
.property value can be anticipated if comp.atability is lost.
All nuisance_ and annoyances are encroachment upon privacy.
Compatability of the subject subdivisions is considered poor
to fair due to the non conformity of improvements (single
family residences and industrial improvements). Also a
nuisance factor is evident due to the encroachment of industrial
use. Residential values in these subdivisions can be further
adversely affected if non conformity development of the remain-
ing vacant lots is permitted.
To simplify this situation it could be described in a similar
relationship as dropping a rock into a pond of water and watch-
ing the ripples travel away from the center. The force is
greatest at the point of impact and is reduced as it travels
away from the center. The subject subdivisions are effected
much in the same way, as those properties nearest the detrimental
influence ('point of impact), are more greatly effected than those
properties located further away.
In conclusion, if this appraiser was asked if the values of
residential properties in these subdivisions are adversely
affected because of the existing non conformity development, the
answer undoubtably is yes:: '
Respectfully sibmitted,
R.A , Brown, Appraiser
(G.L,O. N.89044'W. 254t66') ........
14 14A
to
114
Hu
'IDA
Is
to
174
2N0 sr. WEST
?AS
I
I I ?AD
1_?A OAC iA
7484 1 TAC
7ARN
IAZ .7 IAN 146 IA
rA IAF
t.
ic %'/
!AC ti
�mv
far
a"
He"also presented the following petition signed by 170 petitioners: "The undersigned
are residents of Kalispell, Montana, who reside at the address appearing after their
name, and that they formally, by signature hereon, oppose and protest any industrial
zoning whatsoever of certain property known as Block 1 and Block 2 of Meridian Addition-.
as more particularly shown in "red" on the plat attached hereto and by this reference
made a part hereof° Said petition and map are on file in the office of city clerk.
Mr. Astle stressed the fact that public utilities, park and school lend themselves to
residential use and the area should be zoned residential only.
Mr. Astle introduddd*,Mr. Steve Petrini, private land consultant and former director
of the Area Planning Board. Mr. Petrini stressed the fact that the area should be
zoned R5, RA1 and Pl. Commercial development should continue west of the RR.
Mr. Astle concluded by stating that a residential zone would compliment the entire
area - they do not oppose existing businesses, but feel strongly there should be a
buffer and no expansion of commercial use for the area.
Attorney Warden, representing commercial users of the area, stated that Chairman
Smith's findings of fact speaks correctly. Petitions from residents outside the area
have no meaning. The problem does not concern itself with map or petition signatures.
The appraiser and financial adviser did not have history in mind. Of the 31 lots in
Meridian Addition only owners of 3'k lots were opposed to I-1 zoning. Vacant lots
cannot be assumed as available for residences. Businesses are entitled to zoning
protection. If this was a new area you can use buffers. In this district it is too
late.
Councilman Smith stated that she has driven past the area every day trying to find an
answer. She felt that there is not enough property left for multi -family growth.
She and Councilman Saverud have tried to find a compatible zone for the area, but have
not been. -successful.
Councilman Grainger stated that he appreciated both attorneys' presentations, but it
is a case of zoning and not a court of law.
Councilman Grainger moved to table the 2nd reading and try to come up with something
new. He would rather take more time to study the situation.
Councilman Granmo seconded the motion.
Councilman Zauner asked Mr. Petrini why they have not come up with a zone for a sit-
uation like this. Mr. Petrini answered that you can design a district, but not just
for the Meridian Addition. You will find yourself designing for too many small areas.
Councilman Ruiz stated that he wanted to speak against the motion. He has not heard
anything new. He has sympathy for the residents in the area, but still feels it should
be zoned I-1.
Councilman Zauner asked about zoning it a B-3. Mr. Petrini stated that this would not
cover some of the existing businesses.
Question called. Motion defeated.
Questieri'-called on Councilman Smith's motion.
Councilmen Grainger, Granmo and Saverud voted nay. Councilmen O'Boyle, Daley, Zauner,
Smith and Ruiz voted aye. Motion defeated for lack of 3/4 vote.
Councilman O'Boyle moved to adjourn. Seconded by Councilman Zauner. Carried.
Minutes approved as presented January 21, 1980.
�/" � . YU/"4L,-
Norma E. Happ, Mayo
ATTEST:
Mar' ie Giermann, City Clerk
i