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1. Council Minutes - Regular Meeting - October 2, 2000A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 700 P.M. MONDAY, OCTOBER 2, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting September 18, 2000 2. Approval of Claims per Payables Register- $361, 906. 26 Scarff moved approval of the Consent Agenda. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Alex Hilton, political candidate, said he has spent the last several hours taking down campaign signs after he received a phone call from the press stating his signs were erected earlier than the law allows. He said that's true, but other political signs were already up and he felt his could be also. Hilton asked if a similar problem arises again, he would like it handled better. ORDINANCE 1364 - 2ND READING - ESTABLISHING PARR HOURS This ordinance formally sets the opening and closing hours of City parks for law enforcement purposes. Staff is recommending the parks open at 6:00 a.m. and close at 11:00 p.m. Council passed Ordinance 1364 on first reading September 18th. Kalispell City Council Minutes October 2, 2000 Larson moved second reading of Ordinance 1364, an ordinance amending R.O. 1947, Sections 899-901 (Section 19-20 of the Kalispell City Code), to provide for opening and closing hours of City parks, and establishing an effective date. The motion was seconded by Atkinson. There was discussion. Haarr asked if signs will be erected. Parks Director Mike Baker said the public will be notified and signs will be placed at each park. The motion carried unanimously upon roll call vote. RESOLUTION 4584 - NDOT ANNEXATION The Montana Department of Transportation has requested annexation of the Highway 93 corridor between the Kalispell Athletic Complex and the Pack & Co. site south of West Reserve Drive. Kukulski explained the annexation of the highway right-of-way was a requirement for the Pack & Co. annexation last year. He said in order to follow Council policy, the highway corridor needs to be annexed to make the Pack property contiguous. Haarr moved Resolution 4584, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, the real property described in Exhibit "A", to be known as U.S. 93 Addition No. 296; and to declare an effective date. The motion was seconded by Van Natta. There was discussion. Boharski clarified this annexation does not include the highway, just the corridor along the highway. Kukulski added it,also doesn't include the filling station along the corner of Highway 93 and West Reserve. The motion carried unanimously upon roll call vote. ORDINANCE 1365 - INITIAL ZONING OF NDOT ANNEXATION - 1ST READING Staff recommended Council zone the highway corridor P-1, Public. Kalispell City Council Minutes October 2, 2000 Page 2 of 10 Scarf moved first reading of Ordinance 1365, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described in Exhibit •A' (previously zoned County R-1, Suburban Residential) to City P-1 (Public), in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4585 - PARK BOTTLING CO. ANNEXATION Park Bottling Company has requested annexation of four acres located on the south side of Kelly Road and east of Highway 93. Leistiko moved Resolution 4585, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described in Exhibit '"A", to be known as Park Bottling Addition No. 297, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded by Atkinson. There was discussion. Kenyon asked whether Park Bottling will be paying for the water and' sewer mains to the property. Wilson said the lines already run to the property but the company will be paying a connection fee. The motion carried unanimously upon roll call vote. ORDINANCE 1366 - INITIAL ZONING OF PARK BOTTLING CO. ANNEXATION - 1ST READING Park Bottling Company is requesting a zoning designation of I-1, Light Industrial, upon annexation into the City. Van Natta moved first reading of Ordinance 1366, an ordinance to.. amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175),_ by zoning certain real property described in Exhibit "A" (previously zoned County B-2, General Business and County I-1, Light Industrial) to City I-1, Kalispell City Council Minutes October 2, 2000 Page 3 of 10 Light Industrial, in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Scarff. There was discussion. Atkinson asked if there are any provisions in the annexation request to upgrade Kelly Road. Narda Wilson, FRDO, answered Kelly Road is not being annexed and there are no plans at this time for improvements. Atkinson asked what kind of improvements are being planned for the property. Wilson said there will be several including the addition of fire hydrants and landscaping. The motion carried unanimously upon roll call vote. STRATFORD VILLAGE PRELIMINARY PLAT APPROVAL, ANNEXATION AND INITIAL ZO IN Apex 1, LLC has requested preliminary plat approval and annexation of a 102-lot residential subdivision located west of South Meadows and Ashley Park Subdivision, south of Lone Pine View Estates Subdivision. Apex 1 is also asking for a zoning designation of R- 4, Two -Family Residential and RA-1, Low Density Residential Apartment. Jim Burton, Project Surveyor, stated he has gone over the Planning Board recommendations with the developers and they have no objection to any of the conditions placed on the project. Public Comment Angela Allen,1920 South Meadows, said she IS not against the subdivision, but is opposed to a zoning designation that will allow duplexes and apartments. She said she wants homeowners that will invest in the neighborhood and not just people that are moving in and out. Paula Davey,1912 South Meadows, said she's concerned with the, increase in traf f is f low through South Meadows because there are no sidewalks and curbs and children are walking to and from the bus stop. Kalispell City Council Minutes October 2, 2000 Page 4 of 10 Kelli Herman, 1919 Bluestone, agreed there is a need for affordable housing in Kalispell and feels an R-3 designation would guarantee affordable housing without having duplexes. Ray DeLong, 310 Bismark Street, said the proposed density level for the subdivision is too high. He said Teal Drive and Denver Avenue are not built for a large flow of traffic. Natalie Jones, 850 Denver Avenue, said she's also concerned with the traffic flow and the safety of the children. Craig Shibault,1903 Darlington, said he feels Stratford Village will finally tie South Meadows and Ashley Park together and will eventually add an additional access into town. Tony Hill, 121 Boise Avenue, said he's in the process of building a house in Lonepine View Estates and feels apartments will decrease the value of his property. Tim Hill, 1206 6th Avenue West, said he's familiar with the traffic in that area and an additional one to two thousand cars a day on Denver Avenue or Teal Drive is bad planning. Elaine Hoaglund, 2249 Canvas Back Court, said the single family homes in the area are affordable housing and feels the existing duplexes in the area are "unsightly". Council Ouestions and Comments Leistiko said he spent several hours in the neighborhood yesterday and found everyone is concerned about the same thing, the egress and ingress from the subdivision. He said a cul de sac is planned for the southeast end of the subdivision and asked if there were any plans to extend it. Wilson said the cul de sac is temporary until Phase IV of Ashley Park Subdivision is developed and then Teal Drive will come together with the cul de sac and the roadways will connect. Leistiko commented then at this time, the proposal calls for an increase in traffic, but not an increase in exits. Wilson said Denver Avenue was extended to this property to provide ingress and egress, and in addition, the City owns Lot 59 which would be an extension of Bluestone Drive to the east from South Kalispell City Council Minutes October 2, 2W Page 5 of 10 Meadows. She said there have been roadway connections planned as the subdivisions progress and more importantly, this subdivision provides a connection between Sunnyside Drive and South Meadows. Wilson reminded members that even though the plan sets aside an area for apartments with an RA-1 zone, the developers would still have to get a conditional use permit prior to any construction. Leistiko said he still agrees with the homeowners who want single family zoning to cut down on the traffic. Atkinson said R-4 may be a higher density but South Meadows and Ashley Park are zoned R-4. He said he's more concerned with the separation of the duplexes and apartments. Atkinson commented it would be better for everyone if there was a mixed use of apartments and duplexes scattered within the subdivision. Larson said the main concern appears to be traffic and access and if you limit the density you will limit the traffic. He said he feels the concerns of the residents are valid ones and the Council should try to zone the area to provide for a lesser density. Wilson said the reality of how these areas develop is demonstrated by the Lone Pine and Ashley Park subdivisions, which are zoned R-4. She said the market forces will address the density issue and the Council needs to look at the community's needs as a whole. Atkinson agreed, encouraging the Council to look at density as a positive. He said if apartments are not allowed here, they will have to go somewhere else. Haarr said he was on the Council when South Meadows and Ashley Park were approved and he doesn't think the intention was to have a higher use anywhere in the area. He said he feels the developers are "trying to squeeze a little too much juice out.of the orange" and the City should zone the area R-4 and limit the number of duplexes to 25 percent. Neier said if the Council limits the number of duplexes, then it's affecting the use of right on a zoned piece of property. Boharski commented there was never a question the rest of the property was going to be developed. He agreed it would be unrealistic to dictate the amount of duplexes and said as far as the apartments in the RA-1 zone, that will be reviewed by the Kalispell City Council Minutes October 2, 2000 Page 6 of 10 Council in the future. Boharski supported the zoning recommendation submitted by the Planning Board. Counsell stated he feels the development would be zoned appropriately with an R-4 designation. He said he's comfortable with the RA-1 zoning for Phase III because the apartments will require a conditional use permit from the Council. Larson said he's now convinced to support the R-4 designation, but he's still opposed to the RA-1. He said if it passes this stage, history shows the conditional use permit will be approved in the future. Van Natta said he feels there is a need for apartments in Kalispell, but agreed to support a designation of R-4 for the entire plat at this time. RESOLUTION 4586 - PRELIMINARY PLAT APPROVAL - STRATFORD VILLAGE Larson moved Resolution 4586, a resolution conditionally approving the Preliminary Plat of Stratford Village Subdivision, as more particularly described in Exhibit "A". The motion was seconded by Haarr. There was no further discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4587 - STRATFORD VILLAGE ANNEXATION Scarff moved Resolution 4587, a resolution to provide for. the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described in Exhibit '"A", to be known as Stratford Village Addition No. 298, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1367 INITIAL ZONING OF STRATFORD VILLAGE - 1ST READING;. Leistiko moved first reading of Ordinance 1367, an ordinance to amend Section 17.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real Kalispell City Council Minutes October 2, 2000 Page 7 of 10 property described in Exhibit "A• (previously zoned County SAG-10, Suburban Agricultural) to City R-4 (Two Family Residential) and RA- 1, Low Density Residential Apartment) , in accordance with the City - County Master Plan, and to provide an effective date. Larson moved an amendment to Ordinance 1367 by striking all references to RA-1, Low Density Residential Apartment. The motion was seconded by Scarff. There was discussion. The amendment carried with Atkinson, Counsell and Boharski voting against. The motion as amended carried unanimously upon roll call vote. ORDINANCE 1368 - ZONING TEXT .AMENDMENT - EXPANSION OF NONCONFORMING USES - 1ST READING Currently, the Kalispell Zoning Ordinance does not allow any changes to be made to a nonconforming use other than routine maintenance. Staff has recommended, and the Planning Board has voted in favor of, amending the ordinance to allow minor expansions and alterations of a nonconforming use as long as a permit is obtained. Haarr moved first reading of Ordinance 1368, an ordinance amending Sections 27.25.020 and 27.25.030 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the nonconforming lots, uses and structures regulation to allow for minor expansions to a nonconforming use, and declaring an effective date. The motion was seconded by Scarff. There was discussion. Haarr commented this amendment is long overdue and will take some of the load off of the Board of Adjustment. The motion carried unanimously upon roll call vote. .TOSS NOW REQUEST FOR CITY HEALTH. INSURANCE Jobs Now is requesting its employees be allowed to participate in the City's health insurance plan. Jobs Now would pay the full cost of the premiums with participation beginning November 1st. Kalispell city Council Minutes October 2, 2000 Page 8 of 10 Larson moved the City allow employees of Jobs Now to participate in the City's Health Plan. The motion was seconded by Scarff. There was discussion. Boharski questioned why Jobs Now has come to the City and not the County. Kukulski said he would guess the City's benefits are better and explained Jobs Now will be paying the premiums. Boharski said he's concerned that by providing insurance, it gives the impression that the City has more control over Jobs Now than the other entities it serves, whether it does or not. He said he feels it sets a dangerous precedent. Neier said the legislature has given cities this option and he doesn't see it as anything but an accommodation. Atkinson said the precedent has already been set with the County providing health insurance to employees of F"RDO and the City -County Health Department. He commented if the County has more "pull" with those agencies, then so be it if the City gets more "pull" with Jobs Now. Haarr said that's why he would prefer they ask the County since the County already is doing it for other agencies. He said if health insurance is provided to Jobs Now, others could come to the City with the same request. Larson stated he doesn't see anything negative about the proposal and said new employees shouldn't have to go through a bargaining process. The motion carried upon vote with Haarr, Leistiko and Boharski voting against. TECHNICAL ADVISORY COMMITTEE APPOINTM$NT Boharski explained five people have requested an appointment to the TAC board; Cole Hillstead, Wayne Jensen, Jean Johnson, Brad Mercord and John Schwarze. Boharski recommended Wayne Jensen be appointed -- to the Technical Advisory Committee. Kalispell City Council Minutes October 2, 2000 Page 9 of 10 Haarr moved the Council approve the Mayor's recommendation to appoint Wayne Jensen to the Technical Advisory Committee. The motion was seconded by Larson. There was no discussion The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORT Kukulski announced that the grand opening for the new Smith's store is scheduled for this Wednesday starting at 8:00 a.m. Kukulski said there will not be a work session next week and reminded members that the Montana League of Cities and Towns convention starts Wednesday, October lath. Leistiko questioned Parks Director Mike Baker on the progress of discouraging traffic at the City airport. Baker said locks have been placed on several gates and nine additional signs have been erected. ADJOURN The meeting was adjourned at 9:30 p.m. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor Kalispell city Council Minutes October 2, 2000 Page 10 of 10