1. Council Minutes - Regular Meeting February 4, 2002A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, FEBRUARY 4, 2002, 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, HANK OLSON, JAYSON PETERS AND CITY MANAGER CHRIS
KUKULSKI WERE PRESENT. COUNCIL MEMBER DON COUNSELL WAS ABSENT.
Mayor Kennedy called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Larson 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 22, 2002
2. Approval of Claims per Payables Register - $158,877.36
3. Council Recognition - Fire Department Promotions
Roger Phillips has been promoted to Captain and Craig Fischer
to Lieutenant.
4. Council Recognition - Fire Department Excellence Recognition
Awards
Rob Cherot, Kirk Pederson and Raymond Junk, along with
citizens Tiny Wegner, Frank Smith and Mike Anderson, were
presented Excellence and Recognition Awards.
5. Council Recognition - Citizenship Award
Wendy Olson was presented a Citizenship Award for her
involvement with the car seat safety program.
Atkinson moved approval of the Consent Agenda. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon vote.
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February 4, 2002
Page 1
STUDENT ISSUES
None
HEAR THE PUBLIC
Howard Henrickson, 120 Trevino Drive, stated his family has lived
in Kalispell since 1896 and said Main Street has always been the
core of downtown. He asked the Council to spend their efforts and
money on revitalizing Main Street and get Streetscape going now.
RESOLUTION 4679 - ANNEXATION REQUEST - GAYLON OWENS
Gaylon Owens/Owl Corporation is requesting annexation of
approximately eleven acres located west of Lone Pine View Estates
and south of Sunnyside Drive.
Atkinson moved Resolution 4679, 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 All, to be known as Owens Addition No. 310; to
zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was
seconded.
Kukulski gave a report.
Leistiko asked if the owners know that this property will be taxed
per square foot.
Kukulski answered they are aware of that.
Kenyon commented that this property is bordering the planned bypass
and asked if there are any long term implications on future
development.
Narda Wilson, Tri-City Planning Office, said when the bypass is
constructed, Sunnyside Drive will be one of the main exits. She
said in anticipation of the bypass, the City should be looking at
a long-term upgrade to Sunnyside. Wilson said in summary, there
will be impacts on the neighborhood associated with the bypass but
the impacts related to the development of this property would be
minimal.
Hafferman commented this annexation will benefit the City, but also
illustrates why the City needs the rural fire districts. He
recommended that starting with this project, and all annexations
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February 4, 2002
Page 2
hereafter, the City should develop a reimbursement program for
monetary compensation to the rural fire departments.
Kennedy said the information on rural fire department impacts are
being studied and the Fire Chief and City Manager will be bringing
forth a recommendation.
Larson stated when the time comes the access to the area needs to
be looked at carefully.
The motion carried unanimously upon roll call vote.
ORDINANCE 1411 - INITIAL ZONING REQUEST - GAYLON OWENS- 1ST READING
The developer for the above mentioned property is requesting an
initial zoning classification of R-4, Two Family Residential. It is
currently zoned County R-1, Suburban Residential.
Larson moved Ordinance 1411, 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 as
Assessor's Tract 8 located in Section 19, 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 City -County Master Plan, and to provide an
effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
CONDITIONAL USE PERMIT REQUEST - NORTHWEST INVESTMENTS PARTNERSHIP
Northwest Investments is requesting a conditional use permit to
allow the conversion of an existing business in Westbrook Square to
a casino. The area proposed for the casino is currently occupied by
a video rental store and pizza shop.
Hafferman moved approval of the Conditional Use Permit for
Northwest Investments Partnership. The motion was seconded.
Hafferman questioned condition number three which restricts
lighting and signage that can be seen from the public right-of-way.
He said the existing video store next to it has a sign visible from
the public right-of-way.
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February 4, 2002
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Wilson said one of the most visible impacts casinos have on
communities is the "garishness that's associated with excess neon
lighting". She said condition number three limits neon lighting to
try and maintain the integrity of the neighborhood and help it
blend. Wilson said the casino would still be allowed to have
signage that's in compliance with the zoning regulations.
Leistiko said he doesn't think it's proper to grant a conditional
use permit for a place that doesn't have a license yet. He said the
City recently placed several restrictions on casinos, including one
that limits casinos within 300 feet of each other. Leistiko said he
can't justify reserving a site for a casino for the next 18 months
because what happens in the meantime if another business within 300
feet of this one gets a license, is it blocked from opening? He
suggested the applicant wait to get a conditional use permit until
they have a license.
Wilson said the number of casinos is limited to the number of
licenses available for Kalispell and whoever establishes the use
first "wins". She said having a conditional use permit doesn't
establish the use on the property. If another business in that area
gets a license and a conditional use permit and establishes a
casino first, then this conditional use permit would be "void".
Olson suggested that maybe the eighteen months should be shortened.
Wilson said the eighteen months is set out in the zoning ordinance
but suggested the Council could instead add a section to condition
number five stating the conditional use permit is valid for a
period of 18 months or until such time another casino is
established within 300 feet of this property.
Leistiko moved the amendment be added to the conditional use permit
as stated by Wilson. The motion was seconded.
The amendment carried unanimously upon vote.
The main motion as amended carried unanimously upon vote.
CONDITIONAL USE PERMIT REQUEST - FLATHEAD GOVERNMENT EMPLOYEE
CREDIT UNION
The Credit Union is requesting a conditional use permit to allow
for the expansion of an existing bank facility (a non -conforming
use) at 660 Sunset Boulevard.
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February 4, 2002
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Atkinson moved approval of the Conditional Use Permit for the
Flathead Government Employee Credit Union with the attached
conditions. The motion was seconded.
Kukulski gave a report.
There was discussion concerning ingress and egress to the property.
Wilson stated because of the concern with traffic congestion, the
consensus between herself, Public works and the Montana Department
of Transportation was to limit Highway 93 access to ingress only.
Olson commented depending on the increase in business, he can still
see congestion problems.
Wilson said the bank isn't anticipating a large increase in traffic
and the traffic there is will be channeled at the controlled
intersection of Nevada and Highway 93. She said the mail box
cluster on the corner is the biggest problem.
Kenyon commented the site plan shows two way traffic on the alley
and asked if it's wide enough.
Wilson answered it's a twenty foot alley with an additional ten
feet to the edge of the parking spaces.
Hafferman commented the Highway Department was opposed to requiring
a sidewalk along that strip of land because they want to direct
pedestrian traffic to the other side of Highway 93. He suggested
the Council change condition number four to read: "That a sidewalk
be constructed along Hwy 93 the length of the property if
recommended by the Montana Department of Transportation in
consultation with the City Manager".
Atkinson, City Planning Board member, said it was the board's
desire to address pedestrian action throughout the City and that's
why the board made the recommendation a sidewalk be installed. He
said the more sidewalks we have the more opportunity we have for
pedestrian traffic and the board didn't feel that should be
dictated by the Highway Department.
Hafferman said considering that the road is going to be
reconstructed by the Highway Department, he feels the City should
listen to its recommendation. He said if the City feels a sidewalk
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February 4, 2002
Page 5
is needed on that side of the highway at a later date then it can
always order one in.
Atkinson said the Planning Board understood that the reconstruction
will not affect the sidewalk.
Larson stated he is a member of the Credit Unions Board of
Directors and will vote unless there is objection.
There was no objection.
The motion carried unanimously upon vote.
CONDITIONAL USE PERMIT REQUEST - STEVEN MAW
Maw is requesting a conditional use permit to allow for the
construction of a four -unit apartment complex on the north end of
8th Avenue E.N. and the east end of California Street.
Leistiko moved approval of the Conditional Use Permit for Whitefish
Stage Development LLC with the attached conditions. The motion was
seconded.
Wilson gave a report. She said one resident expressed concern that
the water pressure in the neighborhood is already very low and
adding more apartments will make the situation worse. Wilson said
the hydrants were tested and found to have adequate pressure,
stating that if there are problems in this residence, it's likely
a plumbing problem. She added, however, that an additional hydrant
may be needed depending on the type of construction and the
location of the building in relation to the other hydrants.
Wilson said the Planning Board voted to require sidewalks along
California Street in conjunction with this project. She stated
recently the Council approved a conditional use permit in this same
area for Shining Mountain Church, which occupies a full city block
to the east, and a half of a city block to the south, but no
sidewalks were required. Wilson said she feels there needs to be
consistency and asked the Council to "think hard" about requiring
sidewalks for this fifteen hundred square foot building.
Hafferman stated that he wants the minutes to note that condition
number three was specifically noted in regard to City standards and
that these standards make reference to WQB1, which addresses water
pressure and references the location of fire hydrants. Hafferman
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February 4, 2002
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commented there's definitely a parking problem along California
Street and asked the City Manager to investigate the situation and
report back to the Council with a recommendation. As far as
sidewalks, Hafferman said the Council hasn't addressed a sidewalk
policy with regards to situations like this and until it does he
feels condition number six should be deleted.
Hafferman moved to amend the motion by deleting condition number
six, requiring sidewalks along California Street. There was no
second.
Clerk White asked if there's no objection, she would like to change
the motion made by Leistiko to "approval of the conditional use
permit for Steven Maw with the attached conditions".
There was no objection.
The motion carried unanimously upon vote.
CONDITIONAL USE PERMIT AMENDMENT REQUEST WHITEFISH STAGE
The developers of the Whitefish Stage Condominiums have resubmitted
the conditional use permit approved by Council on November 5, 2001.
The amendment reduces the number of condominiums from 304 to 214
and would consist of duplex and four-plex units, rather than
duplex, six-plex and nine-plex units.
Leistiko moved approval of the amended Conditional Use Permit for
Whitefish Stage Development with the attached conditions. The
motion was seconded.
Wilson gave a report stating the new design is "far superior" to
the previous design and is much more neighborhood oriented.
Hafferman said boundaries should be set in condition number sixteen
concerning the upgrade of Granrud Lane. He also questioned why the
developer is being required to install sidewalks on the south side
of the road, which doesn't benefit this project.
Hafferman moved to amend the motion by amending condition number
sixteen to state "the developer shall upgrade Granrud Lane from
Whitefish Stage to the south entrance of this development with
improvements consisting of curbs and sidewalks on the north side of
the road". The motion was seconded.
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February 4, 2002
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Wilson said there was significant discussion and negotiations with
the developer regarding condition number sixteen and there was a
tacit understanding that Granrud Lane would be upgraded the entire
length of the roadway to the western boundary of the city limits.
She said this condition was agreed to by the developer with the
caveat that these improvements be done within 24 months of the
completion of Phase 1 and that an additional 12 months could be
granted after that.
Kukulski reiterated that negotiations were done in good faith and
the developer agreed to the condition.
The amendment failed upon vote with Hafferman voting in favor.
There was no further discussion.
The motion carried upon vote.
FIRE DEPARTMENT STAFFING CHANGE
Council is being asked to change the Fire Marshal title and role to
Assistant Chief/Fire Marshal and create a position of Deputy Fire
Marshal.
Kukulski said negotiations were conducted with the local
firefighters union and the net result is that the fire marshal
position is being removed from the contract and brought into a
management position and a deputy fire marshal position will be
created. He said he hopes the change will result in a lower ISO
rating for the City. Kukulski stated the changes to the Fire
Department's budget would be negligible this budget year ($1,688)
and explained that because of development growth and the increase
in commercial business inspections, the cost of the additional
position ($54,736) next year will be covered by the Building
Department.
Larson moved the Council approve the change of the Fire Department
Command Structure to change the Fire Marshal title and role to
Assistant Chief/Fire Marshal (non -union), and to create the
position of Deputy Fire Marshal (union). The motion was seconded.
Larson asked if current members of the department will be allowed
to apply for the positions.
Fire Chief Randy Brodehl said the Deputy Fire Marshal position will
be opened internally only. He said the Assistant Chief/Fire Marshal
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February 4, 2002
Page 8
is open to members of the department, but none have applied.
Kenyon asked what will happen in the future if building revenues
drop.
Kukulski said other funding measures will have to be looked at.
The motion carried upon vote.
BOARD APPOINTMENT - KALISPELL CITY PLANNING BOARD
The Board of County Commissioners has requested that Jean Johnson
be designated as a member of the Kalispell City Planning Board as
the County's selection.
Kennedy moved Jean Johnson be appointed to the Kalispell City
Planning Board for a term not to exceed March 30, 2002. The motion
was seconded.
There was no discussion.
The motion carried unanimously upon vote.
BOARD APPOINTMENT - BOARD OF ADJUSTMENT
Michael Conner, Dwain Elkins, Steve Lorch and Robert Quirk have
submitted applications for the two open seats on the Board of
Adjustment.
Kennedy moved that Michael Conner and Steve Lorch be appointed to
the Kalispell Board of Adjustment. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
BOARD APPOINTMENT - ARCHITECTURAL REVIEW COMMITTEE
Peter Davis, Bill Goodman and Craig Semenza submitted applications
for the one seat available on ARC.
Kennedy moved that Bill Goodman be appointed to the Architectural
Review Committee. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
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February 4, 2002
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BOARD APPOINTMENT - CONRAD MANSION
Beverly Rauthe and Tia Robbins have both applied for a vacant seat
on the Conrad Mansion Board of Directors.
Kennedy moved that Tia Robbins be appointed to the Conrad Mansion
Board of Directors. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
BOARD APPOINTMENT - PARKING COMMISSION
Three seats are available on the Parking Commission. Janet Clark,
Richard Nelson and Mark Pirrie have applied.
Kennedy moved that Janet Clark, Richard Nelson and Mark Pirrie be
appointed to the Parking Commission. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Leistiko asked if there's anything new concerning the demolition of
the Equity grain elevators.
Kukulski said the process is moving forward and something publicly
should be announced in a couple of months.
Kukulski reminded members of the intent to have the Mayor sign the
Articles of Incorporation for the Glacier Performing Arts Center as
discussed at a recent work session. He said there's no financial
commitment on behalf of the City, but the Mayor's signature would
show support.
There was no objection.
ADJOURN
The meeting was adjourned at 9:15 p.m.
Pamela B. Kennedy
Mayor
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