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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. Kalispell City Council Minutes 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 Kalispell City Council Minutes 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. Kalispell City Council Minutes February 4, 2002 Page 3 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. Kalispell City Council Minutes February 4, 2002 Page 4 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 Kalispell City Council Minutes 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 Kalispell City Council Minutes February 4, 2002 Page 6 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. Kalispell City Council Minutes February 4, 2002 Page 7 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 Kalispell City Council Minutes 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. Kalispell City Council Minutes February 4, 2002 Page 9 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 Kalispell City Council Minutes February 4, 2002 page 10