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1. Council Minutes - Regular Meeting January 22, 2002A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JANUARY 22, 2002, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, HANK OLSON, JAYSON PETERS AND CITY MANAGER CHRIS KUKULSKI WERE PRESENT. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Atkinson 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 7, 2002 2. Approval of Claims per Payables Register - $320,865.47 3. PledgeD Securities as of December 31, 2001 4. Council Recognition - Police Officer Promotion On January 1, 2002, Wade Rademacher was promoted to Sergeant of Patrol. Larson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. STUDENT ISSUES Kayla French, 669 West Valley Drive, said another school levy will be coming before the voters later this year and asked everyone for their support and any help they can provide. HEAR THE PUBLIC Shelly Laing, 1045 5th Avenue East, presented a letter and pictures to the Council asking for help in obtaining a building permit. (Letter and pictures are attached and by this reference are made a part of the official record) Kalispell City Council Minutes January 22, 2002 Page 1 Rodney Dresbach, West Valley Fire District Chief, said he represents the following fire districts: Evergreen, Smith Valley, South Kalispell and West Valley. He read a letter stating these fire districts will not sign a new Mutual Aid Agreement until annexation and compensation issues are resolved. (Letter is attached and by this reference is made a part of the official record) FINAL PLAT - STRATFORD VILLAGE SUBDIVISION PHASE I This is a request for final plat approval of Stratford Village Subdivision Phase I, which plats 16 lots on approximately 8 acres. On October 2, 2000, Council approved the preliminary plat for this property, which lies west of South Meadows and Ashley Park Subdivisions. Leistiko moved final plat approval for Stratford Village Subdivision Phase I. The motion was seconded. Larson commented that the remaining improvements to Phase I are guaranteed with a Subdivision Improvement Agreement and Letter of Credit. He asked who monitors the completion of those improvements. Jim Hansz, Public Works Director, said at the completion of this project, the Engineer will certify that the improvements have been completed in accordance with city standards. Leistiko moved an amendment to the motion to include acceptance of the Subdivision Improvement Agreement. The motion was seconded. There was no discussion. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon vote. RESOLUTION 4678 - TRI-CITY PLANNING BOARD INTERLOCAL AGREEMENT This resolution approves a temporary amendment to the Tri-City Planning Board Interlocal Agreement by extending the notice of withdrawal deadline for Kalispell, Whitefish or Columbia Falls from February 1, 2002 to March 1, 2002. Larson moved Resolution 4678, a resolution of the City Council of the City of Kalispell, Montana, approving a temporary amendment to the Tri-City Planning Board Interlocal Agreement. The motion was seconded. Kalispell City Council Minutes January 22, 2002 Page 2 Kukulski explained there are several budgeting issues concerning the Tri-City Planning Office that need to be discussed and a joint cities work session is scheduled for January 28th. He said because of that, it has been agreed by all three cities to move the withdrawal notice date from February 1st to March 1st. There was no discussion. The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski stated he agrees with Kayla French, adding a community is only as good as its educational system. He said staff will diligently work on the Lang's problem and the dispute with the rural fire departments. Larson asked if Laing's situation could be handled administratively. Kukulski answered that because it's a zoning issue, he doesn't believe he has the authority to grant an administrative variance. Counsell reported that the open house for Streetscape last week was attended by a "fair amount of the public with a proper balance of enthusiasm and antagonism". Kennedy commented she hopes that work with the rural fire departments begins immediately because public safety is of utmost concern to everyone. ADJOURN The meeting was adjourned at 7:40 p.m. ATTEST: Theresa white City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes January 22, 2002 Page 3 My name is Shelley Laing My address is 1045 5' Avenue East, Kalispell January 22, 2002 A matter has come up that I need to share with the council. My recent application for a building permit was turned down because of a rule governing the size of buildings on a single city lot. Our home is already over the allowable size due in part to the method used in calculating the square footage. The most critical part of that method requires that the roof overhang be considered part of the footprint of the building. Our home has eaves measuring 3 feet in width accounting for much of the excess square footage. We purchased our home in 1984 and immediately began extensive remodeling to make it accessible for wheelchair use. The improvements we could afford were done without changes in the square footage of the house. The existing bedroom was not enlarged at the time due to budget constraints. It remains too small for comfortable wheelchair use. The laundry is located on a lower level necessitating the use of a wheelchair lift. Our plans would slightly alter the structure and add a minimal amount of square footage while gaining a maximum amount of benefit. The plans call for an addition measuring 8 feet wide and 24 feet long, a total of 192 square feet. (See drawing) The actual increase in "footprint" would be reduced some because of the existing roof overhang (see photo). The addition would increase the size of the bedroom and allow for a separate laundry room. We are confident our addition will not harm the integrity of the neighborhood. The addition meets setback requirements and would not be seen from the street. (See sketch and photos) We are hoping this issue can be resolved in a simple and straightforward manner. We are willing to do whatever it takes to make it work, including removal of the shed to decrease the square footage on the property. After living in our home for 17 years we are finally able to afford these much needed wheelchair accessible improvements. m. ■ .� I �, l �� ` �� 1-03-02 TO: Kalispell Mayor and City Council FROM: Evergreen Vol. Fire Dist, Smith Valley Vol. Fire Dist, South Kalispell Vol. Fire Dist, West Valley Vol. Fire Dist. SUBJECT: Annexation and the Mutual Aid Agreement. In light of the fact that the city of Kalispell is planning on annexing more area without the ability to provide services and there is a large impact on our budgets, we are taking the following action. As of Jan 1, 2002 the Mutual Aid Agreement between all of the districts in Flathead County expires. We the undersigned will not sign a new agreement with the City of Kalispell at this time. It is our intension that we will not provide assistance anywhere inside the city limits. If you would care to discuss these issues, you may contact any one of the people listed below and we would be happy to meet with you. Dan Witzel Evergreen Vol. Fire Dist. �Chairman Dale Pierce Smith Valley Vol. Fire Dist Chairman ^ Norman Nelson Myron Boulden South Kalispell Vol. Fire Dist. West Valley Vol. Fire Dist. Chairman Chairman