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02/03/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, FEBRUARY 3, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Administrative Coordinator Pati Heath, Finance Director Amy Robertson, Public Works Director Jim Hansz, Public Works Administrative Coordinator Terri Loudermilk, Police Chief Frank Garner, Fire Chief Randy Brodehl and Building Official Craig Kerzman. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Leistiko moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting January 21, 2003 2. Firefighter Confirmations — Michael Chappius and Joshua Pipola Chappius and Pipola have successfully completed their six-month probationary period with the Kalispell Fire Department and Council confirmation is required. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. STUDENT ISSUES None HEAR THE PUBLIC Charles Lapp, 3230 Whitefish Stage Road, stated he also owns property on Kelly Road, which is slated for future annexation. He expressed concerns about the access from Kelly Road to Highway 93 and the fire department building that is on the edge of the area to be annexed. Shirley Stubbs,1404 8th Avenue East, stated she has City water, and lives in the "doughnut" area of the City, but because she isn't in the City limits, she was not allowed to vote on the recent fluoride issue. She asked the City Council to consider allowing residents who are paying for City services to vote on City issues. Kalispell City Council Minutes February 3, 2003 Page I Glen Allen, 1720 8th Avenue East, asked the Council to discuss the issue with residents prior to "coming at us with annexation". RESOLUTION 4770 — FINAL PLAT — WILLIS ADDITION 2 Debbie Willis has requested final plat approval for a two lot residential subdivision that creates one additional lot to the north of an existing dwelling. The property, located on the west side of Denver Avenue and south of Sunnyside Drive, contains approximately one acre and is being subdivided for the purpose of placing another dwelling on the newly created parcel. Atkinson moved Resolution 4770, a resolution approving the final plat of Willis Addition 2, described as a portion of Assessor's Tract 7B located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Kukulski gave a staff report. Counsell asked for an explanation why there is no dedication of streets. Wilson clarified that the Denver Avenue right-of-way owned by Willis will be dedicated to the City as part of this subdivision. She said bringing the road into the City was discussed at length in connection with this subdivision and Subdivision 215. It was determined that because it's already being maintained by the City and there will not be any new infrastructure, the subdivision complies with the criteria necessary for approval. Kukulski said all of Denver Avenue will eventually be turned over to the City as lot 117 is developed. Hafferman wanted clarification that the City will not be buying any right-of-way in conjunction with this subdivision or Subdivision 215. Wilson stated the City will not be purchasing, condemning or negotiating any acquisition of right-of- way. Hafferman said the City will, however, eventually have a dedicated right-of-way for the street. Wilson said that's the goal. The motion carried unanimously upon roll call vote. RESOLUTION 4771— FINAL PLAT — SUBDIVISION 215 Owl Corporation has requested final plat approval for a one lot residential subdivision that creates a one-half acre lot that fronts along Denver Avenue. The one lot subdivision will be removed from a larger eleven acre parcel. Leistiko moved Resolution 4771, a resolution approving the final plat of Subdivision 215, described as a portion of Assessor's Tract 8 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Kukulski gave a staff report. Kalispell City Council Minutes February 3, 2003 Page 2 Wilson explained why the single parcel is being segregated from the larger parcel The motion carried unanimously upon roll call vote. ORDINANCE 1445 — PUD AMENDMENT — CROSSWELL DEVELOPMENT LLC This ordinance amends the Mountain View Plaza Planned Unit Development Agreement to allow Home Depot to subdivide a portion of its property to create an additional building pad for resale. Larson moved first reading of Ordinance 1445, an ordinance amending Ordinance No. 1380 (Planned Unit Development, Crosswell Development LLC) by amending the Master Site Plan as shown on Exhibit "C" of the Planned Unit Development Agreement, and declaring an effective date. The motion was seconded. Kukulski gave a staff report, explaining that the additional building pad has to follow the same rules under the PUD and the more buildings that are on that site means more taxable value for the City. Olson asked about signage for the subdivision. Kukulski answered the PUD sign restrictions are very precise and specifically outline the amount of signage per square foot per wall. There was further discussion. The motion carried unanimously upon roll call vote CITY PLANNING BOARD AND ZONING COMMISSION APPOINTMENTS Three seats, two city appointments and one county appointment, are available on the City Planning Board. Four city residents, Carl Bailey, Mark Brechel, Richard Hull and Timothy Norton have requested appointment to two of the seats and the County Commissioners have recommended Jean Johnson be appointed to the third. Mayor Kennedy recommended that Jean Johnson be appointed to the board as the County representative. Leistiko moved the Council confirm the Mayor's recommendation and appoint Jean Johnson to the Kalispell City Planning Board and Zoning Commission for a term of two years. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Mayor Kennedy recommended that Richard Hull and Timothy Norton be appointed to the board. Larson moved the Council confirm the Mayor's recommendation and appoint Richard Hull and Timothy Norton to the Kalispell City Planning Board and Zoning Commission for a term of two years. The motion was seconded. Kalispell City Council Minutes February 3, 2003 Page 3 There was no discussion. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Mayor Kennedy expressed condolences to the families of the astronauts who perished in the shuttle accident Saturday. Olson asked staff to look into the following items: the traffic flow south of Tidymans, near the Sportsman Ski Haus; the sloping green on the sidewalks in the streetscape area which is extremely slippery; and the intersection of Third Avenue East North and Idaho near Smiths, which causes confusion with the left turn lane being the same lane to go straight. Kukulski informed the Council that the City is just a few weeks away from having its first quarterly newsletter completed and out to the public. ADJOURN The meeting was adjourned at 7:40 p.m. Pamela Mayor ATTEST: 1 —17h eresa White City Clerk Approved February 18, 2003 Kalispell City Council Minutes February 3, 2003 Page 4