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07/21/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JULY 21, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO AND HANK OLSON WERE PRESENT. COUNCIL MEMBER JAYSON PETERS WAS ABSENT. (DON COUNSELL'S SEAT REMAINS VACANT AT THIS TIME FOLLOWING HIS RESIGNATION EFFECTIVE JUNE 18TH) Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Public Works Director Jim Hansz, Parks and Recreation Director Mike Baker and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular MeetingJu1�7, 2003 2. Pledged Securities as of June 30, 2003 3. Ordinance 1469 — Initial Zoning Wayne Turner — Empire Estates — 2nd Reading Turner has requested a zoning designation of R-4, Two Family Residential for approximately 80 acres of property located at the northeast corner of Three Mile Drive and Stillwater Road. Ordinance 1469 passed on first reading July 7th. 4. Ordinance 1470 — Initial Zoning—JgM and LaVeme Scott — 2nd Reading moved and renumbered as Agenda Item E/6) 5. Ordinance 1471 — Initial Zoning— G.R. Kirk & Company — 2nd Reading (moved and renumbered as Agenda Item E/7) 6. Ordinance 1472 — Zone Change — William Rice/Ron and Mema Terry — 2nd Reading William Rice, on behalf of Ron and Mema Terry, requested a zone change from RA-1 to B-2 on one-half acre of property located between Third Avenue East and Fifth Avenue East. Ordinance 1472 passed on first reading July 7th. 7. Ordinance 1473 — City Charter — November Ballot — 2nd Reading (moved and renumbered as Agenda Item E/8) Hafferman moved to amend the Consent Agenda by removing Items 4, 5, and 7 and placing them on the Regular Agenda as Items E/6, E/7 and E/8 respectively. The motion was seconded. The amendment carried unanimously upon vote. Kalispell City Council Minutes July 21, 2003 Page 1 Leistiko moved to approve the amended Consent Agenda. The motion was seconded. The motion carried unanimously upon roll call vote. C. STUDENT ISSUES None Kurt Hafferman, 511 3rd Avenue West, stated he has read the staff report concerning the roadway issues in connection with the preliminary plats for the Kirk and Scott Subdivisions. He said even though the staff recommends a new design creating "17 feet between the edge of the sidewalk and the drip line of the building", he still will have a non -conforming lot if the road is constructed next to the residence he's building. Hafferman said if the Council wants to preserve a grid system, he suggested "going down First Street West which is plotted right on the City Map and would go right between the houses that are already there". Kari Gabriel, 312 Northridge Drive, November election Ward I Council candidate, stated she would be honored to serve as the interim Council member for Ward I. replacing Don Counsell. She said she knows she has a lot to learn, but she's open-minded and doesn't have any personal or hidden agenda. Bill Baumgartner, 845 2nd Avenue East, spoke on behalf of Ted Poler, who has also requested appointment to the vacant Ward I seat. Baumgartner said he's the pastor of Poler's church and has known him for over three years. He said Poler is extremely hard working, skilled, reliable, a good leader and has Kalispell's best interests at heart. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 4809 — PRELIMINARY PLAT — KIRK SUBDIVISION (TABLED ON JULY 7TH) G.R. Kirk and Company has requested preliminary plat approval of Kirk Subdivision, a six -lot commercial subdivision on approximately 4.36 acres of property located west of Meridian Road between Meridian Court and Second Street West. Hafferman asked to be excused from the next two agenda items as they pertain to proposals affecting his son, Kurt Hafferman. Hafferman left Council Chambers. Atkinson moved to remove Resolution 4809 from the table. (A resolution conditionally approving the preliminary plat of Kirk Subdivision, more particularly described on Exhibit "A", in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana) The motion was seconded. Wilson gave a staff report explaining that at the last meeting Kurt Hafferman opposed the location of a roadway next to a single family residence that he's constructing. She said the Site Review Committee reviewed the matter on July loth and determined the benefits of having a through roadway significantly outweigh the potential impact to Hafferman's property. Wilson stated the site review committee discussed different alternatives and agreed on a different roadway design. She said Condition #8 in the resolution now reads: "That the last 142 feet of the roadway be constructed Kalispell City Council Minutes July 21, 2003 Page 2 with the following roadway profile: A five foot sidewalk attached to the curb on both sides with eastern sidewalk to the east edge of the right of way, two foot curb and gutter and a 24 foot wide roadway. The remaining 12 feet of right of way to the west shall be landscaped in accordance with a plan approved by the Kalispell Parks and Recreation Director to buffer potential impacts of the road on the adjoining residential property to the west." Wilson asserted that even though the road would make Hafferman's residence "non -conforming", it would not affect in any way the current or future use of the residence or the resale of the residence. Leistiko asked if a non-conformance waiverl would be placed on Hafferman's deed to ensure that he's protected in the future. Wilson said there wouldn't be. She said there are many homes in Kalispell that are non -conforming and it's not a problem. Wilson also noted that once this roadway is constructed, it would provide an alley access to the back of Hafferman's property that wasn't available previously. Atkinson noted that right now the "alley" Wilson referred to does not go all the way through and stops about a block from Meridian Road. He said one of the concerns with a cul-de-sac mentioned at the last meeting is emergency access. Atkinson said as it stands right now, if the Council chooses a cul-de-sac instead of a roadway, the Fire Department and other emergency vehicles could not use that alley as a secondary access. Larson asked if the City will develop the "alley" once the roadway is complete. Wilson answered the City wouldn't develop it, but the property owner could if they wanted an alternative access to the rear of their property with the right-of-way being available for public use. Larson said if we are going to use that "alley" as an excuse for developing the roadway, then the City should step up and develop it. Wilson said the City doesn't develop any public roadways for private use. Wilson remarked she is not using the "alley" as a way of promoting the grid system, it was just mentioned as an example of an option for access if an outbuilding on that property is constructed. Olson said the guts of the issue is that a street is going to be constructed along a person's house where they never dreamed there was going to be a street. Wilson commented whenever there's development areas are impacted. She reasserted that the site committee reviewed the issue and determined the benefits of the traffic grid system and the benefits to the community as a whole outweigh the potential impacts to the neighborhood integrity. Wilson added if this was strictly a residential neighborhood those impacts may have been weighted more heavily, but there's a mix of uses in the area, including some fairly heavy industrial uses immediately to the west. Olson stated he respects Wilson's opinion, but he disagrees. Larson remarked that sometimes in the City's efforts to move traffic with grid systems, it doesn't consider the safety aspects of running a street through a residential area or the issue of property rights. Larson moved to amend Condition #3 to read: "That the internal roadway shall be designed and constructed in accordance with the City of Kalispell's Design and Construction Standards Kalispell City Council Minutes July 21, 2003 Page 3 with the exception of the southern end of the roadway which will be designed to form a cul-de- sac on the developer's property approved by the Fire Department and Public Works Department". The motion was seconded. Mayor Kennedy stated if Condition #3 is amended condition #8 has to be amended also. Wilson suggested the amendment include deleting Condition #8. Larson agreed to add the deletion of Condition #8 to his motion. The second concurred. Atkinson said Kalispell's Design and Construction Standards do not allow for a cul-de-sac that long without a variance and a secondary access would have to be provided to meet the Uniform Fire Codes. Brodehl commented the Fire Department would work with the developer on options for providing a secondary access. Larson said by looking at the site plan it doesn't appear the cul-de-sac would be any longer than 600 feet. Wilson said currently the roadway starts at Meridian Road and ends in a cul-de-sac at Meridian Court and is about 600 feet long. She said the proposal calls for extending that roadway from the existing cul-de-sac further to the south for a total length of about 1200 feet. Mayor Kennedy expressed concern that the Council is once again trying to redesign a roadway that it's not educated to do. She said the Council sent the matter back to staff to present a best possible recommendation which they did. Mayor Kennedy said in her opinion the amendment endangers other property owners in the area by limiting access to an area that's experiencing ongoing construction. The amendment failed upon roll call vote with Larson and Olson voting in favor, Atkinson, Kenyon, Leistiko and Mayor Kennedy voting against, and Hafferman excused. Larson declared he understood that the Council has to have five votes for a motion to fail. Harball said under the City's administrative rules it takes five votes to pass an issue, but he's unsure as to whether that also applies to an amendment. Mayor Kennedy said either way the amendment fails. Harball answered that's correct, but if the vote stays the same, the main motion won't pass either. White disagreed, stating the administrative code only requires an affirmative vote from a majority of Council members present. Mayor Kennedy asked Harball to report back to the Council with a clarification. Mayor Kennedy said in the meantime the Council will follow past practices and record the amendment as failing. She asked if there was any further discussion. There was no further discussion. Kalispell City Council Minutes July 21, 2003 Page 4 The main motion with no amendment carried upon roll call vote with Atkinson, Kenyon, Leistiko and Mayor Kennedy voting in favor, Larson and Olson voting against, and Hafferman excused. E/2. RESOLUTION 4811— PRELIMINARY PLAT — SCOTT SUBDIVISION This is a request for preliminary plat approval of a two -lot commercial subdivision located south of Lee's Meridian Business Park, west of Meridian Road and north of Second Street West. The property was annexed to the City on July 7th. Leistiko moved Resolution 4811, a resolution conditionally approving the preliminary plat of Scott Subdivision, more particularly described as Lot 10A, Hollister's Meridian Tracts, Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Wilson gave a staff report explaining this is a minor subdivision that does not require a public hearing before the planning board or the notification of adjoining land owners. There was discussion. The motion carried unanimously upon roll call vote with Hafferman excused. Hafferman returned to his seat. E/3. RESOLUTION 4812 — FINAL PLAT — CHAPPELLE SUBDIVISION This is a request for final plat approval for a subdivision that creates four sublots intended for duplex townhouse development located on the south end of College Avenue. Kenyon moved Resolution 4812, a resolution approving the final plat of Chappelle Subdivision, described as Lot lA of the Amended Plat of Lots 1 and 2 of Block 1, Willis Addition to Kalispell in the NW4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson explained the property is zoned RA-1, Low Density Residential Apartment, which allows single-family and duplex dwellings as a permitted use and multi -family dwellings as a conditionally permitted use. She said the Tri-City Planning office waived the preliminary plat for this subdivision on May 16, 2003 because it met the criteria for a preliminary plat waiver. Hafferman said the staff report isn't clear as to how many units will be constructed, even though he assumes it will be six. He said the Council is being asked to approve a final plat they haven't seen. Wilson displayed the final plat explaining there will fi3iif duplex tewtihettses, four units. The motion carried unanimously upon roll call vote. E/4. PRELIMINARY PLAT EXTENSION — MEADOW CREEK SUBDIVISION This is a request by Jackola Engineering for a one-year extension to the preliminary plat of Meadow Creek Subdivision, a 10-lot residential subdivision located on the southwest corner of 8th Street West and 12th Avenue West. Council approved the preliminary plat on March 6, 2000. Kalispell City Council Minutes July 21, 2003 Page 5 Leistiko moved the Council grant a one-year extension to the preliminary plat approval for Meadow Creek subdivision. The motion was seconded. Wilson explained the developers are nearly finished with the required improvements and are very close to submitting a final plat and staff is recommending the Council grant the one-year extension. Hafferman inquired as to the issue with 12th Avenue West. Wilson clarified that when the plat was originally approved, there was a question of whether 12th Avenue West is a public or private road easement. She said it has since been determined that it is a public roadway and the developers are working with the County Commissioners to have the road deeded over to the City. Once annexed, the developers will construct the road to City standards. The motion carried unanimously upon vote. L7�EL�f ImffweagrWAMIA �%_. Four letters of interest were received for the Ward I Council seat vacated by Don Counsell on June 18th. Kari Gabriel, Mike Grachek, Jean Johnson and Ted Poler are requesting appointment to the seat for the remainder of Counsell's term. Mayor Kennedy asked for nominations. Leistiko nominated Ted Poler. The motion was seconded. Hafferman nominated Mike Grachek. The motion was seconded. On a viva voce vote Ted Poler received five votes with Atkinson, Kenyon, Larson, Leistiko and Mayor Kennedy voting in favor, and Hafferman and Olson voting against. On a viva voce vote Mike Grachek received two votes with Hafferman and Olson voting in favor, and Atkinson, Kenyon, Larson, Leistiko and Mayor Kennedy voting against. Mayor Kennedy declared Ted Poler the winner and stated he will be sworn in at the next meeting scheduled for August 4th. E16. ORDINANCE 1470 — INITIAL ZONING — JERRY AND LaVERNE SCOTT — 2ND READING The Scotts have requested a zoning designation of B-2, General Business, for approximately one acre of property located west of Meridian Road between Meridian Court and Second Street West. Ordinance 1470 passed on first reading July 7th. Larson moved second reading of Ordinance 1470, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as Scott Addition No. 331 and further described as Lot 10 Hollister's Meridian Tracts, Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City B-2 (General Business), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Hafferman announced he will abstain from voting on the next two issues. Kalispell City Council Minutes July 21, 2003 Page 6 Mayor Kennedy asked Harball to comment on the voting issue raised earlier. Harball stated the City's Administrative Rules do declare there needs to be an affirmative vote of a majority of those members present, however, Section 7-3-4324(3) M.C.A. reads: "No ordinance, unless it be declared an emergency, shall be passed on the day on which it shall have been introduces unless so ordered by an affirmative vote of four -fifths of the members of the commission in cities with five commissioners and two thirds of the member of the commission in all other cities and towns". He said in regards to the amendment and resolution on the Kirk Subdivision Preliminary Plat, only a majority vote was needed. The motion carried unanimously upon roll call vote with Hafferman abstaining. E/7. ORDINANCE 1471 — INITIAL ZONING — G.R. KIRK & COMPANY — 2ND READING G.R. Kirk & Company requested a zoning designation of B-2, General Business, for approximately three and a half acres located west of Meridian Road between Meridian Court and Second Street West. The Planning Board recommended a zoning designation of B-1, Neighborhood Buffer District. The City Council agreed to accept the Planning Board's recommendation and passed Ordinance 1471 on first reading July 7th with a B-1 zoning designation. Leistiko moved second reading of Ordinance 1471, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as Kirk Addition No. 332 and further described on Exhibit "A" located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City B-1 (Neighborhood Buffer District), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Hafferman abstaining. E/8. ORDINANCE 1473 —CITY CHARTER— NOVEMBER BALLOT — 2ND READING This ordinance allows voters to decide on whether the City of Kalispell should become a charter form of government. Ordinance 1473 passed on first reading July 7th. Leistiko moved second reading of Ordinance 1473, an ordinance placing a proposed City Charter on the November 4, 2003 regular election ballot and declaring an effective date. The motion was seconded. Hafferman reiterated his comments at the last meeting: "Citizens should tell us what they want, not government telling people what they need"! He said he feels the Council is going down the wrong path and he will once again vote against it. Leistiko read a Resolution passed by the Chamber of Commerce on July 7th supporting the proposed charter. (Resolution is attached and by this reference is made a part of the official record) Atkinson said in light of what occurred this evening; he asked if it's possible to amend Section 3.10 of the charter to require something other than an affirmative vote of five members of the Council for anything to pass. He said he sees it as a problem in allowing the Council to do business. Kalispell City Council Minutes July 21, 2003 Page 7 Atkinson moved to amend Section 3.10, Legislative Action, by changing the second sentence to read: "The affirmative vote of a majority of Council members present shall be required for all official actions of the Council." The motion was seconded. Larson questioned whether this is the time to change the charter, stating the Council has several months to work on it prior to the election. Kukulski explained that if any changes are to be made it needs to be done now, because the draft charter as it stands this evening is what will go before the voters. Harball spoke on the development of the charter and said this would be a good time to amend that section if the Council wants to operate on a majority vote. Mayor Kennedy commented there are several other sections in the Charter that refer to five affirmative votes and asked if it's Atkinson's intention to change all of those. Atkinson stated it is. The second concurred. Kukulski noted there are circumstances that may warrant a five member requirement, such as hiring and firing. He said when members deliberate they need to consider those issues. Council discussed the various sections that refer to the five member affirmative vote. Mayor Kennedy commented it appears the Council is arbitrarily looking at the different sections and stated the Council needs to simply address the original motion of Atkinson's amending only 3.10. The amendment to Section 3.10 carried upon roll call vote with Atkinson, Kenyon, Larson Leistiko and Mayor Kennedy voting in favor, and Hafferman and Olson voting against. Olson said he voted in opposition because he doesn't think the Council should be tampering with the charter at this time, especially after several people have offered support for the one in place now. Larson said he would normally agree, however, it was explained this evening that this is the last opportunity for the Council to make any changes. He also expressed concern that the Council has stated it would involve the public in the process, yet any changes citizens propose can't be taken into consideration. Mayor Kennedy stated she feels the charter has had a great deal of input from the public and the study review commission will be able to review it again in 2006. The main motion as amended carried upon roll call vote with Atkinson, Kenyon, Larson, Leistiko, Olson and Mayor Kennedy voting in favor, and Hafferman voting against. MAYORICOUNCIUCITY MANAGER'S REPORTS Mayor Kennedy read a letter from Steven Allen commending Council member Olson and Public Works Engineer Frank Castles on their efforts to solve a problem with a sink hole next to a city street light next to his front yard. Kukulski added that in the past month the City has also received three letters commending Water Department employees. Kalispell City Council Minutes July 21, 2003 Page 8 Garner announced that for the third year in a row an officer from the Kalispell Police Department has received the Montana Officer of the Year Award. He said Officer Roger Nassett was presented with the award at the annual conference in Lewistown. In addition, Garner said Chris Degenhardt and Eve Dixon received Citizenship Awards for their work on the Stop Meth web site. Atkinson welcomed back Kalispell Police Lieutenant Paul Jacobs, who was critically injured in a car accident last year. ADJOURN The meeting was adjourned at 8:53 p.m. Theresa White City Clerk Approved August 4, 2003 Kalispell City Council Minutes July 21, 2003 Page 9 L�J I�lispell Area Chamber of Commerce RESOLUTION SUPPORT OF THE PROPOSED CITY CHARTER DATED JULY 712003 Whereas, the Kalispell Chamber supports the concept of a City Charter (constitution) which defines the governmental structure of the city as well as the scope of authority given to the city government; and, Whereas, many cities and most first class cities in Montana have created and adopted charters; and, Whereas, the proposed charter sets to words and defines the City's current form of government such that the City would gain a Charter and become a self- governing city and yet change nothing of the governmental mechanism or scope of authority that currently exists; and, Whereas, the proposed charter includes language requested by the Chamber guaranteeing citizen review of local government in Section 1.04 that reads, "Government Review by the Citizens. The right of the citizens of Kalispell to propose alterations of the City's governing structures and powers by the initiative process, and amend or abolish this Charter through the decennial election of a 'Voter Review Study Commission is guaranteed by this Charter and the Constitution and laws of Montana"; and, Whereas, the proposed charter also includes language requested by the Chamber encouraging City/County cooperation, which is a goal of the Kalispell Chamber, in Section 2.01 (4) that reads, "Authority of the City. As provided by Article XI, Section 7 of the Constitution of Montana, the City is encouraged to cooperate with Flathead County and other government units through the use of inter -local agreements to increase the efficiency of governmental services to the citizens"; and, Whereas, the proposed charter further includes language requested by the Chamber restricting the power of City government to increase taxes in Section 2.02 that reads, "Restrictions on City Powers. 1. No increase in any property tax mill levy in excess of that of Montana municipal governments with general powers shall be imposed, except with the prior approval of the electors of the City voting on the questions in a general or special I5 Depot Park • Kalispell, MT 59901 (406) 758-2800 • Fax (406) 758-2805 • Email: chamber@digisys.net • www.kalispetichamber.com municipal election. 2. No increase in any City license fee, user fee or utility charge shall be made without conducting a public hearing"; Now, therefore, the Board of Directors of the Kalispell Area Chamber of Commerce resolves to support the City Charter approved by the Kalispell City Council on first reading July 7, 2003, and proposed for the ballot on November 4, 2003. APPROVED BY THE BOARD OF DIRECTORS OF THE KALISPELL AREA CHAMBER OF COMMERCE ON JULY 15,2003. unterremer,vresiclent Area Chamber of Commerce