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09/22/80 City Council MinutesTHE REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:30 P.M. MONDAY, SEPTEMBER 22, 1980 IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR HAPP PRESIDED. COUNCILMAN SAVERUD WAS ABSENT DUE TO ILLNESS. ALL OTHER COUNCILMEN WERE PRESENT. APPROVE MINUTES Councilman Daley moved that the minutes of the regular meeting of September 8, 1980 be approved as presented. Seconded by Councilman Zauner. Motion carried. CITY OFFICIAL'S REPORTS Treasurer for July 1980 Police Chief, City Judge and Building Department for August 1980. Councilman O'Boyle moved that all City official's reports be accepted. Seconded by Councilman Smith. Motion carried. PUBLIC HEARING - Floodplain Ordinance ORDINANCE #962 There being no opponents, Councilman Grainger moved second reading of Ordinance #962, an ordinance to adopt "The City of Kalispell Floodplain Ordinance" to implement the floodplain and floodway management laws of the State of Montana within the City. Seconded by Councilman Daley. Roll call vote. All voted aye. ADDRESSING THE COUNCIL Mayor Happ made three calls for anyone wishing to address the Council. No one responded. Mayor Happ introduced Henry Oldenberg, Republican candidate for County Commissioner, and Ray Lybeek, Democratic candidate for House of Representatives in District # 16. COMMITTEE REPORTS FINANCE Councilman Ruiz had no report. ANNEXATION FAIRWAY PARK Councilman Smith brought before the Council the letter dated March 28, 1980 from the Kalispell City -County Planning Board recommending adoption of their Resolution # KPA-13 which stated as follows: 1 12 March 28, 1980 Mayor and City Counsil City Hall Kalispell, MT'' 59901 Madam and Council: Re: Kalispell Planning Area Comprehensive At a regular meeting of the Plan Amendment KPA-13 Kalispell City -County Planning Board, held ' March 25, 1980. The Board considered public comment recieved during a public hearing re,guarding a proposed change in the Comprehensive Plan for the Kalispell Planning area. The Board approved a motion and authorized a resolution to be drafted recommending an amendment at this time to said Comprehensive Plan. Attached hereto is the resolution. Your body is not required to hold public hearings merely to approve or deny them. If you have any questions please do not hesitate to contact me. Respectfully submitted, Kalispell City -County Planning Board Ann Smith President A similar letter has been sent to the Flathead County Commissioners, but they have not acted on it yet. fln IRESOLUTION NO. KPA-13 BE IT RESOLVED By the Kalispell City -County Planning Board as follows; WHEREAS, The Kalispell City -County Planning Board did on March 25, 1980, hold public hearing in accordance with Section 76-1-602 M.C.A. 1978, for the purpose of hearing public comment on an amendment proposed by landowners within the jurisdiction of the Kalispell Planning Area Comprehensive Plan, dated September 1974, adopted by the Kalispell City Council on October 21, 1974 and the Board of County Commissioners of Flathead County on October 15, 1974, respectively. WHEREAS, The Kalispell City -County Plannning Board has carefully considered comments made at said hearing to the proposed amendment; NOW, THEREFORE, Be It Resolved, the the Kalispell City -County Planning Board recommends to the Mayor and City Council of the City of Kalispell, Montana, and the Board of County Commissioners of the Flathead County, that the Kalispell Comprehensive Development Plan, for the Kalispell Planning Area, referred to above, be amended as follows; Amend Figure III-1, Chapter 3, Page 9, to charge the area North of West Evergreen Drive, West of Whitefish River, East of Whitefish Stage and Mission Village #4 and South of Mission Village and Mission Village #2, from Agriculture to Urban Residential, as shown on the attached Map "Exhibit A". DATED this _ day of April, 1980. KALISPELL CITY -COUNTY PLANNING BOARD &",L "Zz�k Ann Smith, President l� J �nc a ior✓ a Corbitt, Secretary Councilman Smith moved to adopt the Resolution to change the Comprehensive Plan from agricultural to:urban residential on the tract of land 184.6S2 acres in size. Said tract of land is located north of West Evergreen Drive, south of Mission Village Properties, East of Whitefish Stage Road and West of Whitefish River (Si $ S'zN'z, Section 32, T29N, R21W, PM, M, Flathead County). The KCCPB has found that farming on an island isw compatible to surrounding area because of dust and odor. Seconded by Councilman Daley. FM I Councilman Smith read the following letter: Flathead Conservation District ``x'�, Wo_;'Fg. w y`. September 22, 1980 Kalispell City Council Kalispell City Hall Kalispell, Mt. 59901 Dear Council Members: After thoroughly reviewing the Fairview Park proposal, the Flathead Conservation District Board of Supervisors expresses their grave concern of this development. As you are aware, productive farmland is rapidly being subdivided at an alarm- ing rate in Flathead County. The area under consideration at your meeting tonight has been a high -yield agricultural area for many years. The loss of these acres, along with like -parcels, will further endanger our agricultural base .both here in the valley and ultimately within the nation. We will all suffer - our grandchildren will suffer the most — when we awake to find there is little or no farmland left to produce the food and fiber which we Americans consume. Public services will also be severely impacted by this proposed development. Evergreen Drive cannot handle such an influx of traffic. Climbing the hill to Whitefish Stage is treacherous at best aTsome winter days. The Evergreen School has expressed inability to house and educate the anticipated number of schoolchildren that the park will have. The tax base of this development will not begin to pay the public expenses to rectify the situation in such a congested area. We are very concerned about the potential pollution the park will generate. We are of the understanding that the sewage will be collected by Kalispell and processed through the sewage treatment plant. Under no circumstances should septic tanks be allowed in this area. Even with the elimination of direct sewage (vid septic tanks) into the Whitefish River, there will be a tremendous pollution impact due to the number of people living along the river and within its influence zone. After due consideration, the Board of Supervisors recommends the Kalispell. City Council reject this subdivision. Sincerely, i r ffY/f Herb Koenig f Flathead Conservation District Board of Supervisors "` I—Cn.JSF RVATI ON EDUCATION - DEVELOPNVIENT SELF GOVERN.P IN Councilman Smith stated that this letter should be directed to the County Commissioners. Attorney Robert Keller addressed the Council on behalf of Evergreen and Mission Village who are protesting the Comprehensive Plan change. He stated that the Council has a duty to see that all trailers are put on a permanent foundation in this proposed mobil home park. Otherwise, the average property tax on a trailer home is only $116 per year and we want them on a permanent tax basis. Attorney Keller continued with a discussion of problems that will be created if this project goes. Whitefish Stage Road and West Ever- green Drive will have to be widened; a school will have to be built and a source for water and sewer service will have to be determined. Councilman Smith stated that if only R1, R2, R3 and R4 are allowed, there would be a possi- bility of 2072 homes. The RS will allow the mobil home park which has projected a maxi- mum of 800 units. Councilman Smith stated we are really only considering the basic land use and not the specific details of a particular development, that more details should be addressed by the County Commissioners when they consider the zoning of the area. Councilman Grainger asked if the group of protestors have addressed the County Commission- ers. He was told they had not. They say there had never been a true public hearing. As far as the City -County Planning Board was concerned, the time and place were always garbled. Anita Bennett, Hillcrest Estates, asked how the City would handle a traffic count of 400 on Seventh Avenue East North. Steve Evans, Seventh.Avenue East North, asked if the developer should not foot the bill. Attorney Marshall Murray, representing the developer, Bitney Corporation, replied that the developer had contributed to the paving on Whitefish Stage Road. Susan Sande, Winchester Drive, stated that every step they were told they were too late. She said Jim Mohn, City -County Planning Board, refused to vote on the issue because of conflict of interest. The sewer line is being buried and headed toward hook-up with the City sewer system. If the County Commissioners think it is too much for them, they can send it back to the ATS staff for further study. Councilman Smith stated that R4 or RS requires community water and sewer system, and the County Commissioners should consider that. Attorney Doug Morton spoke against the change. He felt that people do not read or understand legal notices and that a map of the area should be published so that people know when their areas are concerned. Councilman Smith stated that she had made her motion on recommendation of the City -County Planning Board, who have listened well and long. Attorney Keller reiterated that all you have to do is change from agriculture to urban residential to permit the residential zones. He wanted a provision for permanent founda- tions. Mr. Murray said that had been agreed to by the Bitney people. Councilman Smith moved to amend the approval to include a requirement for permanent foundation. Councilman Daley seconded the amendment. The following letter was read: 1 ..: _ , a Iatheab CITnuutla (49 �narb of (faramiss rooms P.O. BOX 1000 • KALISPELL, MONTANA 59901 • (406) 755-5300 MELFORD R. WOLLAN FRANK GUAY JOAN A. DEIST September 5, 1980 The Honorable Norma Happ and ' Kalispell City Council Members P. 0. Box 1035 Yalispell Montana 59901 RE: Fairway Park Dear Mayor Happ and Council Members: To follow up our meeting with Ann Smith's committee on the Comprehen- sive Plan Change for Fairway Park; be advised that it is the intention of Flathead County to effect a walkway on the East side of the White- fish Stage Road from the area of the Northwest Dam Bridge, North to West Evergreen Drive, as quickly as feasible. Hopefully, this will be done during this construction year after our asphalt program stops for the season. If you have any further questions, please do not hesitate to contact this office.. Yours truly,. BOARD OF COUNTY COMMISSIONERS BY raric'Guay,,C.ai.rman Joan je-ist, Member Mel ord R. Idol an, Member FG/rkh Attorney Morton stated that it took years to form the Comprehensive Plan and believes that Mr. Verma, Director of the City -County Planning Board, should have a chance to review. No other city has mobile home parks of more than 400 mobile units. Regarding the complaints of the protestors that they were not properly notified of meetings, Councilman Daley told them that they can come to meetings and that it is good to have a turnout, but we do not have to call them. People are moving to this area in great numbers and need decent places to live. If you look around, we need a plan. Cities are going to mobile parks. Many have lived here more years than those who are speaking. Flathead Lake should not be polluted any more than it is. Question called. Roll call vote. All voted aye. ' City Attorney Donahue cautioned that'before any renting or leasing on the area, the protestors can check with Flathead County Commissioners, who, in turn, should approve before the renting is permitted. C.A.D. noted Sec. 76-3-208 of Montana Code. ORDINANCE #963 - MERIDIAN ADDITION ZONING Councilman Smith moved passage of Ordinance #963 to repeal Ordinance #960, the ordinance zoning Meridian Addition as General Business -B3. She said we should not have to incur I _ . i expense to defend the suit brought by Attorney Astle when nobody seemed happy with the zoning passed by Ordinance #960. Seconded by Councilman Zauner. Roll call vote. All voted aye on Ordinance #963. Councilman Smith said we will reconsider the zoning of Meridian Addition again at a later date. EMPLOYMENT Councilman Zauner had no report. PARKS, RECREATION, AIRPORT ' Councilman Daley reported that the decision one year ago to eliminate the Recreation Director and place the tennis program with private individuals resulted in a successful program. There were 142 beginners, 34 juniors and 60 adults in the tennis lesson prog- ram. Councilman Daley reported that he has been working longer on the airport lease than any other lease. It is now acceptable to all parties concerned. Councilman Daley moved that Mayor Happ be authorized to sign the airport lease. Seconded by Councilman Smith. Motion carried. STREETS $ ALLEYS Councilman O'Boyle reported that on September 10, 1980, the Montana State Highway Depart- ment approved the design for .42 miles of Highway # 93 (Main Street) from Sixth Street to Center. The design calls for new concrete, sidewalks, curbs, lighting and utility installation. RESOLUTION #3309 Councilman O'Boyle moved to adopt Resolution #3309, a resolution of intention to create S.I.D. #329 in the amount of $1,000,000.00 for the purpose of acquiring property for parking. Seconded by Councilman Granmo. Roll call vote. All voted aye. RESOLUTION # 3310 Councilman O'Boyle moved to adopt Resolution #3310, a resolution of intention to create S.I.D. #330 in the amount of $1,000,000.00 for the purpose of building a parking garage provided a Federal grant is obtained prior to 1-1-82 for an equal amount. Seconded by Councilman Zauner. Roll call vote. All voted aye. City Attorney Donahue to set up hearing dates, etc. when property owners list is ready. Councilman O'Boyle moved to call for a public hearing to establish formulas for S.I.D. #329 and S.I.D. #330 for assessment. Seconded by Councilman Zauner. Motion carried. City Attorney Donahue to prepare the notices, etc. CITY DEVELOPMENT The City Development Committee will meet at 4:00 P.M. Wednesday, September 24, to review the proposed sign ordinance. There will be public meeting at 7:30 P.M. Wednesday, October 1, 1980 in the Council Chambers at City Hall to go over all the activities of the Re- development Program. SEWER $ WATER Councilman Granmo reported that the Sewer & Water Committee, with power to act, awarded the bid for sewer cleaning to Chemseal and moved that Mayor Happ be authorized to sign the contract. Seconded by Councilman Grainger. Motion carried. SAFETY Councilman Grainger moved that the ambulance rates be raised as follows: Minimum run= $80.00. This includes 1 hour and 6 miles. Broken down to ambulance: $30.00. Driver and Attendant: $50.00 After 6 miles: $1.00 per mile. After 1 hour: $25.00 per hour. Oxygen use: $7.50 flat rate. Seconded by Councilman O'Boyle. Councilman Smith said she was not aware of the Committee meeting when this was discussed and was not sure if these rates are high enough, therefore cannot vote. Fire Chief Doty explained the high cost of oxygen and other ambulance supplies and a need for a__new ambulance as soon as possible. Question called. Councilman Smith voted nay. All other councilmen voted aye. Motion carried. Councilman Grainger moved that Fire Chief Doty be authorized to advertise for bids for a new ambulance, with trade-in of Dodge ambulance which has 37,000 miles. Seconded by Councilman Ruiz. Motion carried. MISCELLANEOUS Mayor Happ announced that the City Councils in the county are arranging to meet with candidates concerning proposed legislation from the League of Cities and Towns. The meeting will be sometime in October. City Attorney Donahue reported that trial in the suit against the City by Treasure State Slles (Adult Book Store) is scheduled to begin Monday in Missoula; our insurance company is handling this. Councilman O'Boyle moved to adjourn. Seconded by Councilman Grainger. Carried. Minutes approved as presented !!,� October 6, 1980 Norma E. Happ,fMayor `W ✓Y�.fl � MA! �.w Marj ie Giermann, City Clerk