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