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1. Council Minutes - Regular Meeting June 7, 2004A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. JUNE 7, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Assistant Fire Chief)Prevention Officer Jim Stewart, Parks and Recreation Director Mike Baker, Police Chief Frank Garner, Public Works Director Jim Hansz, Building Official Craig Kerzman, and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. Mayor Kennedy asked for a moment of silence in honor of Past President Ronald Reagan. 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 1. Council Minutes — Regular Meeting — May 17, 2004 2. Ordinance 1499 — International Building Codes — 2nd Reading In order for the City to maintain its certification, Council is required to adopt any amendments to the building codes made by the State of Montana. Ordinance 1499 passed on first reading May 17th. Larson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT Beverly Braig, 252 Juniper Bend Drive, read a letter from the Juniper Bend Homeowners Association asking that the City incorporate Juniper Bend Drive into the Kalispell street system. (Letter and attachments are attached and by this reference are made a part of the official record) Don Garberg, Kalispell Business Owners Association, relayed the results of two polls recently taken by members. He said the first poll dealt with the sewer annexation issue before the Council and asked if a regional sewer authority should be established for the greater good of all municipalities. Kalispell City Council Minutes June 7, 2004 Page 1 Garber said 62.5% voted yes and 37.5% voted no. He said the second question asked if the City sewer service utilities should be tied to annexation; 31.3% said yes and 68.8% said no. The final question asked if the City should be allowed to allocate excessive administrative overhead charges against sewer account revenues. Garber said 6.3% voted yes, 93.8% voted no. Finally, Garber said members were asked if the study commission should be approved on the primary ballot; 80% responded yes and 20% stated no. Roxanna Brothers, 786 4th Avenue East North, presented the Council with copies of the book "How Wa1Mart is Destroying America" and asked that they read it. Tim Calaway, Bigfork, spoke in favor of Agenda Items #4 and #5, stating he has no problem with any of the conditions except for the closure of Underhill Road, staring he doesn't feel the Council has the authority to close off a public road. Stan Beard, Mountain View Plaza, stated he is opposed to the 54' building height the Spring Prairie developer is asking for on behalf of Lowe's. He said they should have to play by the same rules as he did when he developed Mountain View Plaza. Betty Jo Malone, 627 Underhill Court, asked the Council to consider carefully Calaway's request, stating Underhill Court is a very small community with a very narrow street and no sidewalks. She said if Underhill Court is allowed to be used as an exit it means an additional fifty to one hundred cars a day. Malone asked that the street be closed, but if it must be left as a public road dedicate its use as emergency travel only. Mark Goldberg, Spring Prairie Center, said he has been involved with many developments and usually communities want buildings that are architecturally interesting. He said to give the Lowe's building its traditional gable look, an eight foot variance is needed. Goldberg introduced Jack Swanson, the architect for the project. Swanson displayed illustrations, explaining to the Council the difference the eight foot variance would make. Goldberg concluded by stating he is asking for the variance simply to keep a large building from looking flat. Jim Purdy, Glacier Commons Subdivision developer, said he would like to meet somewhere in the middle on the upgrade of Granrud Lane. He said according to State law, the developer is required to develop property he has a true impact on, which in this case is from Whitefish Stage to White Bark. In addition, Purdy said there are two subdivisions "coming in behind him" and if he has to upgrade the full length of Gramud Lane, then he's helping two subdividers next door that should be meeting him half way on the upgrade. Nancy Fenner, 633 Underhill Court, said she is opposed to Calaway's development if the road is going to come through Underhill Court. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 4893B (RESOLUTION 4893A) — REQUEST TO AMEND PRELIMINARY PLAT FOR GLACIER COMMONS SUBDIVISION (TABLED MAY 17TH) Kenyon moved to remove Resolution 4893B from the table (a resolution rejecting 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 28 North, Range 21 Kalispell City Council Minutes June 7, 2004 Page 2 West, P.M.M., Flathead County, Montana). The motion was seconded. The motion carried unanimously upon vote. Hafferman said he will vote against the resolution rejecting the amendment request. He said according to the City's rules and regulations "this developer is being dumped on" for having to upgrade Granrud Lane its entire length. Hafferman said this development will "very, very minimally" contribute traffic west of Buffalo Stage and therefore, that portion of Granrud roadway improvements west of Buffalo Stage should be left to the developments that are, and are to be, west of Buffalo Stage. In addition, Hafferman stated the Council will be creating a problem with disposal of storm water when "we start requiring curbs, gutters and collection systems in a suburban setting". He said the existing City standards for alternate local streets address the needs of storm drainage as well as a safe walking area, and a paved walkway would be better if separated from the roadway by a grass strip and the proposed eight foot bike path instead of a sidewalk makes sense, but shouldn't be concrete. Kukulski answered questions Larson commented the Council set conditions on a preliminary plat that were intended to be followed and if there was a change in the road structure entering Granrud Lane that's not the Council's problem. He asked what happens if it's appropriate for the two future developments to have curbs, gutters and sidewalks and then they don't match up. Larson said he wants the developer to live up to the original preliminary plat. Olson asked if our design standards "follow along with what we originally asked to be done". Kukulski responded the problem is the regulations don't clearly define what is meant from Point A to Point Z. He said there isn't a history to fall back on when it comes to this dead end County road that is feeding into and out of this subdivision. Olson said he doesn't see how the Council can do anything other than having the upgrade go to the end of the development and then have a discussion on the sidewalks and bike path. He said the Council needs to be consistent and require upgrading to the end of the development. Atkinson said he'd like to see any development that abuts a road pay, or promise to pay, half of the upgrade when necessary. He asked how the Council goes about requiring that. Kukulski said the Council can require a waiver of an SID for future upgrades, but in this instance it is too Late to add conditions to the preliminary plat. Peters said he's having a problem with requiring sidewalks on both sides of the street. He said in his opinion, a bike path makes the most sense. Peters reminded the Council that The Greenery developer was not required to upgrade the road to the end of his property, adding the Council has not set a policy on transportation and "we're winging it as we go". He said he feels the most reasonable thing to do is to reject this resolution and go back to square one and decide how the City wants Granrud upgraded. Hafferman agreed utilities have to be extended to the farthest property boundary, but doesn't that include these roads. He said the Council didn't require any of the new developments along Sunnyside Drive to mitigate the impact to that road. Kalispell City Council Minutes Tune 7, 2004 Page 3 Olson asked if the Council could reject Resolution 4893B and then "clean up" 4893A Mayor Kennedy answered that's correct. She said if the Council votes down Resolution 4893B rejecting the amendment, then the Council could bring forth Resolution 4893A with any changes members deem necessary. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson and Olson voting in favor, and Hafferman, Herron, Peters and Mayor Kennedy voting against. E/2. RESOLUTION 4895 — PRELIMINARY PLAT — DeMEESTER SUBDIVISION This is a request for preliminary plat approval of a four -lot residential subdivision on approximately one half acre on the west side of 7th Street West between Sunnyside Drive and I Ith Street West. Atkinson moved Resolution 4895, a resolution conditionally approving the preliminary plat of DeMeester's Subdivision, more particularly described as Assessor's Tract 913A located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson explained this subdivision creates two lots fronting along 7th Avenue West and two adjoining lots to the west accessed via a joint flag lot configuration. She said a variance to the Kalispell Subdivision Regulations has been filed to allow for the two adjoining flag lots which will have a single, paved, shared driveway with an approved fire access turnaround. Larson asked if the subdivision meets the requirements of the Fire Department. Stewart responded the subdivision does allow for an adequate fire access turnaround. The motion carried unanimously upon roll call vote. E/3. RESOLUTION 4896—PRELIMINARY PLAT —STRATFORD VILLAGE PHASE 4 This is a request for preliminary plat approval of Stratford Village Phase 4, a 23-lot residential subdivision on approximately 3 acres in southwest Kalispell at the west end of Bluestone Drive. Peters moved Resolution 4896, a resolution conditionally approving the preliminary plat of Stratford Village Phase 4, more particularly described as a portion of Assessor's Tract 61, located in Section 19, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. The motion was seconded. Wilson gave a staff report Hafferman said this is a difficult situation because it involves the question of property rights, following the rules and regulations, and public safety. He said this subdivision appears to be in accordance with the density allowed within the zone, however, he doesn't see where the developer has addressed the rules and regulations of the City's general extension of services plan which states, "All new development, pursuant to annexation, which further impacts the existing or proposed street network, will be subject to conditions of approval intended to mitigate said impacts". He said the plan also states, "In the event that a development creates impacts requiring off -site improvements, the City Council will determine whether the developer shall wholly or partially bear the costs of such improvements". Hafferman said this development will put additional traffic on Sunnyside Drive and Kalispell City Council Minutes June 7, 2004 Page 4 that issue wasn't addressed in the staff report or the recommended conditions of approval. He said this project should be tabled until the developer addresses mitigation of the impacts on Sunnyside Drive and the Council should address the problems and possible solutions pursuant to Sunnyside Drive as soon as possible. Hafferman moved to table Resolution 4896 until such time that this Council addresses the conditions, problems and solutions for Sunnyside Drive and the developer addresses the mitigation of impacts of the development on Sunnyside Drive. The motion was seconded. Mayor Kennedy asked Harball if a time specific should be set for the Council to place the issue back on the agenda. Harball said it should. Hafferman agreed to table the resolution for one month, or the 6th of July. The second concurred. The motion to table carried upon vote with Gabriel, Hafferman, Herron, Kenyon, and Olson voting in favor, and Atkinson, Larson, Peters and Mayor Kennedy voting against. E/4. ORDINANCE 1500 — ZONE CHANGE REQUEST — TIM CALAWAY/RICHARD AND JUDITH MOHRENWEISER-1ST READING This is a request for a change in zoning on several properties totaling approximately 3 acres from R- 3 to RA-3 for the purpose of constructing apartments located on the east side of North Meridian Road, north of Underhill Court. Kenyon moved first reading of Ordinance 1500, 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 Tracts 1 and 2 of Certificate of Survey 11786 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned City R-3, Single Family Residential) to City RA-3 (Residential Apartment/Office), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Wilson gave a staff report on the request for a zone change and conditional use pennit. She said three people from the neighborhood attended the Planning Board meeting and expressed concerns about the traffic impacts to Underhill Court. Wilson said in response to those concerns, the Planning Board is recommending a zoning designation of RA-3 and a condition of approval on the Conditional Use Permit that would close Underhill Court except for emergency access only. Hafferman asked if the developer has any concerns about this road closure affecting his project. Tim Calaway said if it's a condition the Council wants to make, then he can live with it, but it means he has to make a turnaround for the Fire Department. Hafferman commented it doesn't require a turnaround as Underhill Court would remain the same as it is today with an ingress and egress, it just means it would be for emergency travel only. Atkinson said he didn't agree with this stipulation at the Planning Board because he's always felt there needs to be traffic flow through neighborhoods. He said he won't make a motion to remove the Kalispell City Council Minutes June 7, 2004 Page 5 condition, but whenever they can the Council should make sure it allows for free travel through subdivisions. The motion carried unanimously upon roll call vote. E/5. CONDITIONAL USE PERMIT — TIM CALAWAY/RICHARD AND JUDITH This is a request for a conditional use permit to construct several multi -family units on property located between Meridian Road and Highway 93, north of Underhill Court. Larson moved Council grant the conditional use permit for Tim Calaway and Richard and Judith Mohrenweiser subject to conditions. The motion was seconded. Larson clarified the conditional use permit contains a condition to close Underhill Court except for emergency traffic only. Herron commented by closing Underhill Court the only access left is off Meridian Road. He agreed with Atkinson stating there isn't a lot of traffic flow with this plan and it's going to be a traffic nightmare when Meridian Road is reconstructed. The motion carried unanimously upon vote. E/6. CONDITIONAL USE PERMIT — ROBERT LANCE AND KATHRYN POSTEN This is a request for a conditional use permit to allow more than one principal structure on property zoned RA-1 for the construction of a duplex on the north side of Liberty Street. Peters moved Council grant the conditional use permit for Robert Lance and Kathryn Posten subject to conditions. The motion was seconded. Wilson gave a staff report. Atkinson commented that many times people complain about the red tape to get a project approved, however, he's had the opportunity to sit on the site development committee and the Planning Board and what he sees are suggestions to make things better that often result in savings for a developer and the process seems to be a win -win situation in the long run. He said this project is an example of that. The motion carried unanimously upon vote. E/7. CONDITIONAL USE PERMIT — GOLDBERG PROPERTIES INC./DNRC This is a request for a conditional use permit to increase the height limit from 45 feet to 54 feet for the Lowe's building in a B-5/PUD zoning district that is part of the Spring Prairie Planned Unit Development. Peters moved Council grant the conditional use permit for Goldberg Properties, Inc./DNRC subject to conditions. The motion was seconded. Kalispell City Council Minutes June 7, 2004 Page 6 Hafferman said he sympathizes with the developers of Home Depot, but he and five other Council members were not involved in that project. He said he sees nothing wrong with this modification which appears to be based on sound architectural appearances. Hafferman says he sees nothing adverse to the taxpayer and "actually it improves my viewing with a better looking structure". Larson stated he's against the amendment because it seems like we negotiate these agreements in the beginning and then all of a sudden they have to be changed. He said he sees no logical reason for changing the height of that one portion of the building; you should be able to break up the building lines with 45 feet. In addition, Larson said he sees it as a fairness issue with the PUD across the highway. Wilson clarified when the Mountain View Plaza development was approved there was a 40 foot height limit in all the commercial and industrial zones and the PUD allowed Mountain View Plaza a 45 foot limit. She said since then, the Planning Board and City Council have reviewed amendments to increase heights in all of the commercial zones from 40 feet to 60 feet with a conditional use permit. Wilson emphasized this is not an amendment to the PUD and it's not a variance. Larson said he realizes the Council is voting on a conditional use permit, but he's still opposed to approving the height increase. He said he agrees with the Planning Board which opposed the request on a one -to -five vote. Mayor Kennedy asked Wilson to elaborate on the Planning Board's discussion Wilson said there were a couple of issues the Planning Board considered when making its decision. She said Stan Beard, Mountain View Plaza, submitted a letter in opposition citing concerns about equity and visual impacts associated with the increase in height. Wilson said the Planning Board is also sensitive to the sign issue, recently working on the sign regulations, and asked whether the height increase would involve a structure, or a sign. She said they determined this increase in height could give Lowe's a competitive advantage over Home Depot. Olson said he thinks sky line is an issue here and he will have to vote against it because of that. Peters commented an argument could probably be made that this height increase involves the structure, but he sees it as a sign. Wilson said if you look at the lettering, however, it is below the roof line. Kukulski pointed out that throughout the community many buildings have fake facades and they are not considered signs. He said from a staff perspective, the City has been trying to "break up these boxes" and figure out how to make the boxes as attractive as we can. Kukulski said with a 100 foot building it's going to take different heights to break up that box. Herron said he's been in business for 28 years and businesses want a level playing field. He said he doesn't think it's fair to change the rules after the developer "across the street" had to follow different rules. Herron said if the City is going to have rules we have to be consistent; with the roads, signs, building heights, etc. Hafferman commented the City is being fair if we follow the B-5 zoning as we now have it. He said periodically plans are revised and once the revisions are made, the developers have to follow those revisions and this developer is. Kalispell City Council Minutes June 7, 2004 Page 7 The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Peters and Mayor Kennedy voting in favor, and Herron, Kenyon, Larson and Olson voting against. E/8. RESOLUTION 4897 —SUBDIVISION VARIANCE —EMPIRE ESTATES PHASE 1 This is a request for a variance to the Kalispell Subdivision Regulations for Lots 1 through 5 of Empire Estates Phase I to allow for "double frontage" lots. Kenyon moved Resolution 4897, a resolution granting a variance to the preliminary plat of Empire Estates Subdivision, more particularly described on Exhibit "A", in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson explained the reconfiguration of the lots was necessary in order to insure that all of the lots in the subdivision comply with the minimum lot size and minimum width standards of the R-4 zoning district. She said staff is recommending a 15-foot buffer and no access strip be added to the east side of these lots so that egress and ingress would be only from the west. Wilson answered questions. The motion carried unanimously upon roll call vote. E/9. FINAL PLAT — EMPIRE ESTATES PHASE 1 This is a request for final plat approval of Empire Estates, Phase I that plats 16 single-family lots, 50 sublots and a 1.8 acre park on approximately 14 acres located on the east side of Stillwater Road north of Three Mile Drive. Larson moved Council approve the final plat for Empire Estates Subdivision Phase 1 and accept the Subdivision Improvement Agreement. The motion was seconded. Wilson gave a staff report and answered questions. Hafferman commented he understands the bypass doesn't affect this phase, but asked if the traffic analysis needs to be updated to address a proposed deceleration lane at Three Mile Drive and North Riding Road. Hansz responded it may be appropriate to review the traffic analysis at the time Phase 4 is presented. Olson stated he just wants the developers to know he appreciates the planned park area instead of cash in lieu monies. The motion carried unanimously upon roll call vote. E/10. RESOLUTION 4898 —CALLING FOR APUBLIC HEARING —2003/2004BUDGET AMENDMENTS This resolution sets a public hearing for June 21st for anyone who would like to comment on the City's proposed amendments to the 2003-2004 budget. Kalispell City Council Minutes June 7, 2004 Page 8 Larson moved Resolution 4898, a resolution calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2003-2004 budget adopted by the City Council. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. EILl. CITY MANAGER'S SALARY Gabriel moved Council approve a salary increase for the City Manager in the amount of $5,500.00 per year effective May Ist. The motion was seconded. Hafferman said he's opposed to a raise because the proposal is a 7% increase in the salary, which is already substantial. He asked how can the Council "justify giving a 3% raise to the backbone of our operation, the people in the trenches and those people who make the lowest salaries, yet we can give the highest paid person 7%. Hafferman said if there had been some improvement in the City's operation and efficiency, he could see giving a raise, but he hasn't seen any improvement. He said a 7% increase, along with the two wage increases of about 7% each over the past two years, adds up to over 21 % in three years and is unconscionable. Gabriel commented in the short time she has been on the Council she has seen an improvement in the City's operation and efficiency and disagrees with everything Hafferman said. She said she wants to see the increase become more equitable to what other city managers are making in the State. Kenyon agreed, stating Kukulski has done an outstanding job and has moved the City forward in many different areas that the City had been stalled on prior to his taking office and he thinks Kukulski deserves this. Peters said he also agrees that Kukulski does an exceptional job in many areas of the City, however, in the past two years this area had had the worst economics in the country and yet the Council has given him raises trying to equalize his salary with elsewhere. He said this year it's the same thing, the budget is once again increasing and it's tough to justify to taxpayers and the rest of the staff these increases. Peters said it appears to him that the Council is saying that Kukulski has done such an outstanding job that he deserves twice to three times as much as the other employees. In addition, Peters said it has to be hard to negotiate a contract with the unions when they know exactly what his raise is. Mayor Kennedy said unfortunately the City is "playing catch up" with the rest of the area in regards to salary levels for city managers. She said Kukulski is paid much less than the manager for Whitefish, which is a much smaller city. Mayor Kennedy said when you look at other areas in Montana the same thing holds true and the Council has a responsibility to look at the salary levels of the employees. She agreed the Council also needs to be fiscally responsible and stated she feels Kukulski has made improvements to the budget through the direction of the Council, adding last year the City had a budget that did not include an increase in mills or any new employees. Mayor Kennedy encouraged the Council to vote in favor of the motion stating she feels it's an appropriate increase. Herron said Kukulski may be underpaid in comparison to other city managers, but if a salary comparison is taken with people in Flathead County, Kukulski is paid "very, very well". He said this is no reflection on Kukulski, but he believes "in the economic tines we are in, I can not vote to Kalispell City Council Minutes June 7, 2004 Page 9 justify apay increase" Larson said he looks at the pay increase for the manager and the rest of the employees differently. He said you have to look at the responsibility of the job and someone in Kukulski's position does deserve more than the rest of the employees. Larson agreed with Mayor Kennedy that Kukulski has prepared the budgets with the wishes of the Council and it's not easy to cut the budget when people in the community expect certain services. Gabriel commented Kukulski's salary is minor in comparison to the budget he's responsible for. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman, Herron and Peters voting against. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action Mayor Kennedy mentioned that the Council received a letter from C. Dili commenting on the lack of flags on Main Street over the Memorial Day holiday. She said in the past the Kalispell Jaycees have coordinated the flags on Main Street, however, the Jaycees distributed the flags to local businesses after 911 and the flags were never returned. Mayor Kennedy encouraged another organization or business to come forward and provide flags for Main Street. Hafferman agreed a separate organization other than the City needs to coordinate the flags. He said in his opinion the flags would lose much of their meaning if the City erected them and he also encouraged organizations to "pick up the gauntlet". Atkinson said he thinks it's wonderful how many youth are utilizing the new skate board park and encouraged the kids to monitor themselves and encourage each other to wear their helmets. Parks and Recreation Director Mike Baker spoke about the new water and skate board park grand opening set for Saturday, June 12th. Olson and Larson commented they took a tour of the new water park before the meeting and they wish they were kids again to enjoy it. Kukulski thanked the Council for their support and the compensation adjustment. G. ADJOURN The meeting was adjourned at 9:40 p.m ATTEST: Theresa W City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes June 7, 2004 Page 10