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08/02/04 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 2, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBERS BOB HERRON AND HANK OLSON WERE ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Balser, Assistant Police Chief Roger Krauss, Public Works Director Jim Hansz and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Peters 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 Meeting — July 19 2004 2. Council Minutes — Special Meet in — Jul 25 2004 3. Ordinance 1505 — Zoning Text Amendment — 2nd Reading Ordinance 1505 amends the Kalispell Zoning Ordinance to include day centers as a permitted use in the B-2, General Business, zoning district. 4. Ordinance 1506 — Salary Schedule — 2nd Reading This ordinance includes the three union contract salary addendurns and also includes the pay ranges for all non -union personnel. Atkinson moved approval of the Consent Agenda. The motion was seconded. Hafferman moved that #4, Ordinance 1505, be removed from the Consent Agenda and placed on the main Agenda as item E/S. The motion was seconded. There was no discussion. The motion carried upon vote with Atkinson, Gabriel, Hafferan, Kenyon and Larson voting in favor, and Peters and Mayor Kennedy voting against. The main motion as amended carried unanimously upon roll call vote. C. STUDENT ISSUES None. Kalispell City Council Minutes August 12004 Page 1 D. PUBLIC COMMENT Stephanie Baca, 37 Bruyer Way Loop, speaking on Agenda Item E17, asked the Council to negotiate with Shaw Development on the upgrade of Granrud Lane rather than have them walk away and leave the $ 150,000 bond they posted which won't cover the improvements. Jinn Purdy, Whitefish, explained wily he feels the Council should amend the preliminary- plat agreement on Glacier Commons, stating the normal rule is that you pave what you impact. He said he is willing to upgrade what the development will impact by upgrading Granrud Lane from Whitefish Stage Road to the other side of Buffalo Stage Road, putting in an 8-foot bike path along the south side of Granrud, and installing fencing along the north side. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Eft. ORDINANCE 1507— ZONE CHANGE REQUEST — GREG BAIN & CO. — 1ST READING This is a request for a change in zoning from RA-1, Low Density Residential Apartment, to B-3, Community Business on approximately one and a half acres located on the north side of Idaho Street and East of Seventh Avenue East North. Larson moved first reading of Ordinance 1507, 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 Tract 2 of Certificate of Survey No. 8076 in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned City RA-1, Low Density Residential Apartment) to City B-3 (Community Business), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Wilson gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote. E12. RESOLUTION 4916 —ANNEXATION —WESTERN MONTANA MENTAL HEALTH CENTER This is a request from Western Montana Mental Health Center for annexation of approximately 1.7 acres located on the south side of 8th Street West at the south end of 13th Avenue West. Kenyon moved Resolution 4916, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as WMTMHC Addition No. 351; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report on the Center's request for annexation, zoning and a conditional use permit. Kalispell City Council Minutes August 2, 2004 Page 2 Atkinson asked if there has been any discussion requiring the applicants to pave 8th Street West. Wilson responded under the statutes, no conditions can be placed on a community residential facility that would not apply to a single family residence. She said if a single-family residence were to annex into the City, they would not be required to pave the road in front of their home. The motion carried unanimously upon roil call vote. Ef3. ORDINANCE 1508 — INITIAL ZONING — WESTERN MONTANA MENTAL HEALTH CENTER —1ST READING This a request for an initial zoning designation of R-4, Two Family Residential, on the property listed above. The property is currently zoned County R-1, Suburban Residential. Kenyon moved first reading of Ordinance 1508, 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 Assessor's Tract 4 or Parcel A of Certificate of Survey No. 10314 in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R-4 (Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Atkinson commented this is just another example of the difficulty the City has relative to finding ways to pave and build new roads. He said there just isn't a real workable source to get roads upgraded. The motion carried unanimously upon roll call vote. E/4. CONDITIONAL USE PERMIT — WESTERN MONTANA MENTAL HEALTH CENTER This is a request by Western Montana Mental Health Center for a conditional use permit to allow a community residential facility for eight or fewer people in an R-4 zoning district. Larson moved approval of the conditional use permit to Western Montana Mental Health Center for property described as Assessor's Tract 4 or Parcel A of Certificate of Survey No. 10314 in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. The motion was seconded.. Larson noted the three conditions attached are the same as any that would be attached to a single family residence and the Council cannot go beyond that. Haffennan stated according to the staff memo, no conditions may be placed on a permit that would not otherwise apply to residences in general, however, on November 2, 2002, the owner of a single family residence at 410 W. Nevada Street requested a conditional use pennit to use the building for Church services. He said by Council motion, the applicant was required to construct a sidewalk. along Highway 93. Haiferman said the Council required the developer of Meadow Creek, a residential subdivision that abuts this project, to upgrade Sth Street West including curbs and sidewalks. He said we need to be consistent with our requirements of residences and commented he doesn't think improving the road is going outside of anything we don't require of residences. Kalispell City Council Minutes August 2, 2(N Page 3 Hafferman moved Condition #4 be added to read: The roadway with curbs and sidewalks be extended along Sth Street from the portion built for the Meadow Creek Subdivision through the entrance drive of this project. Such extension shall match the road, curbs and sidewalks that begin existing on Sth Street at the point of beginning of the extension. There was no second. Peters said as much as he'd like the roadway completed, the two examples Hafferman gave were a church and a subdivision, which do not compare to a single residence. Harball agreed, stating it would be stretching Council's authority to require the residence to pave the road. Peters said he can understand why the Council can't place a condition to pave a road in front of the residence, but feels Council could require a sidewalk be installed connecting to the existing sidewalk. Peters moved Condition 94 be added requiring that a sidewalk be installed which would connect with the existing sidewalk. The motion was seconded. Wilson commented if this was new construction, the Council would normally require the sidewalk be extended, however, it doesn't usually place this kind of condition on an applicant that is requesting annexation of a residence for sewer and water service, Larson said State law is clear that the Council can't impose a condition on a community residential facility that it wouldn't generally impose on a single family residence. He said the Council doesn't generally impose these types of conditions on single family residences. Kenyon said he thinks it's a last-minute, unfair imposition on the purchasers of the property and it puts the City on shaky legal ground when the statutes are clear. Peters withdrew his motion. The second concurred. The motion carried upon roll call vote with Hafferman voting against. E/5. ORDINANCE 1509 —.ZONE CHANGE RE LEST — 1ST READING Jeff and Karen Thiesen are requesting a change in zoning from R-3, Urban Single Family Residential, to R-4, Two Family Residential, on approximately five and a half acres located between North Meridian Road and Northwest Lane, north of Three Mile Drive. Kenyon moved first reading of Ordinance 1509, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property descried as Lots 13, 14,1.5, 27, 28, and 29, Block 1 Northwest Tracts, a platted subdivision in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned City R-3, Urban Single Family Residential) to City R-4 (Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Wilson gave a staff report on Thiesen's requests for a zone change and preliminary plat approval of Sinopah Subdivision. Kalispell City Council Minutes August 2, 2004 Page 4 Wilson answered questions. The motion carried unanimously upon roll call vote. E/6. RESOLUTION 4917 — PRELIMINARY PLAT — SINOPAH SUBDIVISION Jeff and Karen Thiesen are requesting preliminary plat approval of Sinopah Subdivision, a 26-lot residential subdivision on approximately five and a half acres located between North Meridian Road and Northwest Lane, north of Three Mile Drive. Gabriel moved Resolution 4917, a resolution conditionally approving the preliminary plat of Sinopah Subdivision, more particularly described as Lots 13, 14, 15, 27, 28, and 29, Block I Northwest Tracts, a platted subdivision in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Gabriel commented she looked at the area this past weekend and she's excited about cleaning up that neighborhood. Wilson answered questions concerning the sewer extension and sidewalks. Hafferman questioned Conditions 5 (d) and (e) concerning emergency access. Wilson said those conditions were added by mistake and should be deleted. Hafferman moved Conditions 5 (d) and (e) be removed. The motion was seconded. The motion carried unanimously upon vote. Hafferman commented the greatest impact to Northwest Lane is caused by the users of the Junior High School. He said it's not foreseeable that this project will add significantly to the negative impacts of the roads of the area, but will instead add positive safety measures when the three accesses along the steeper part of Meridian Road are eliminated when this project is completed. Hafferman said because of that, he feels Condition #15, requiring a waiver of protest for an SID, should be eliminated. Hafferman moved that Condition #15 be removed froze the resolution. There was no second. The motions as amended carried unanimously upon roll call vote. E/7. RESOLUTION 4893A _ AMENDING PRELIMINARY PLAT FOR GLACIER COMMONS SUBDIVISION Staff is recommending Council rescind Resolution 489313, passed on June 7th, and consider Resolution 4893A approving a request to amend the preliminary plat condition that requires the upgrade of Granrud Lane from Whitefish Stage Road to Country Way. Peters moved to rescind Resolution 4893B, passed by the City Council on June 7, 2004. The motion was seconded. Kalispell City Council Minutes August 2, 2004 Page 5 Atkinson spoke in favor of rescinding the resolution, stating the security bond posted is not enough to upgrade all of Granrud Lane and the developer could forfeit the bond and make it the City's responsibility. In addition, proposed developments to the west will allow the City to have other developers share in the cost of Granrud Lane. Peters also spoke in favor of the motion, stating it just makes sense to re -negotiate with the developer to make the intention of the City clear. The motion to rescind carried unanimously upon roll call vote. Peters moved Resolution 4893A, a resolution approving the request of Shaw Development, owner of certain real property, to amend Resolution 4711 conditionally approving the preliminary plat of Glacier Commons Subdivision, more particularly described as Assessor's Tract 2 in the Northeast Quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Kukulski gave a brief staff report, stating he thinks the amendment is fair and equitable. Hafferman said he's voting for the resolution not because of the amount of the bond, but because this developer has met all of the requirements for mitigating any impacts that he will make on any of the roads in the area, and the City went "too far" on Granrud. Atkinson said he does have a concern with the rolled -curb proposal. Kukulski said it's the City's understanding it would be a stand-up curb. Larson commented he has probably been one of the most vocal opponents to the amendment, but he is now convinced that the agreement was unclear from the beginning and he hopes in the future these agreements are clearer. The motion carried unanimously upon roll call vote. E/8. ORDINANCE 1506 — SALARY SCHEDULE — 2ND READING Larson moved second reading of Ordinance 1506, an ordinance amending Ordinance 1456, fixing the limits of the salary and compensation of the City officials, supervisors, and employees pursuant to Title 7, Chapter 4, part 42, M.C.A., commencing on the dates indicated herein, and repealing all other ordinances in conflict therewith. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Kukulski said the City received estimates from the Department of Revenue today and the values should be clarified prior to the adoption of the budget on August 16th. Kalispell City Council Minutes August 2, 2004 Page 6 G. ADJOURN The meeting was adjourned at 8:30 p.m. ATTEST: Theresa White City Clerk Approved August 16, 1004 Kalispell City Council Minutes August 2, 2004 Page 7