Loading...
1. Council Minutes - Regular Meeting October 21, 2002A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 21, 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 AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER DON COUNSELL WAS ABSENT. Also present: City Manager Chris Kukulski, Adjutant City Attorney Rich Hickel, City Clerk Theresa White, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Police Chief Frank Garner, Parks and Recreation Director Mike Baker, Public Works Civil Engineer Frank Castles and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Leistiko 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 October 7, 2002 2. Pledged Securities as of September 30, 2002 3. Wal-Mart Foundation Neighborhood Hero's Grant to Kalispell Fire Department in the amount of $600.00 4. Proclamation - Red Ribbon Week 5. Proclamation - World Population Awareness Week 6. Proclamation - National Business Women's Week Olson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Kalispell City.Council Minutes October 21, 2002 Page 1 STUDENT ISSUES Ryan Nalty, 181 Riverview Drive, informed the Council that there's a movement to establish a Youth Council, which would be a branch of the City Council. He said the Youth Council would be devoted to problems facing the youth of Kalispell and the surrounding areas of Whitefish, Columbia Falls and Bigfork. Kayla French, 669 West Valley Drive, thanked Mayor Kennedy for her support and help in establishing a Youth Council and said she's hoping the council can do positive things for the area. Kevin Nalty, 181 Riverview Drive, stated it's important for youth to get involved in politics. He said if they feel they're a part of the process, they'll take an interest in Kalispell and making a difference. HEAR THE PUBLIC Bruce Measure, Attorney, stated the fluoridation issue was wrongfully placed on the November 5th ballot because the issue required 25 percent of the electorates to sign a petition for a Special Election and only 15 percent was received. He asked the Council to withdraw the fluoridation question from the November ballot. Beverly Braig, 252 Juniper Bend, asked that the Council allow Juniper Bend homeowners to participate in the discussion on the Juniper Bend roads during the work session following the meeting. Ben Baker, 2470 Highway 93 South, said he represents Valley Victory Church and thanked the Council for placing the Church,s request for sewer service on the work session. PUBLIC HEARING - INTERIM ZONING REGULATIONS Council accepted public comments on proposed Interim Zoning Regulations for the City of Kalispell. Mayor Kennedy opened the public hearing. Angie Kruckenberg, 1116 Sunnyside Drive, presented the Council with written comments concerning the Sunnyside Subdivision. (Comments are attached and by this reference are made a part of the official record) Rich DeJana, Attorney for the Kruckenbergs and other Sunnyside neighbors, stated he doesn't understand this "urgency ordinance" and asked the Council if they know what they're doing. He asked the Council to explain what exactly is being adopted and why. DeJana Kalispell City Council Minutes October 21, 2002 Page 2 said legislation states that pending the adoption of a growth policy plan, the Council can adopt an ordinance prohibiting uses, not an ordinance that allows and permits uses and is simply a "regurgitation" of regulations already in place. Lila Kruckenberg, 1204 Sunnyside, remarked that current policies need to be reviewed very carefully before adopting interim zoning regulations, such as who's responsible for making sure developers follow through with commitments. Mayor Kennedy closed the public hearing. ORDINANCE 1438 - INTERIM ZONING REGULATIONS This ordinance implements Interim Zoning Regulations for the City of Kalispell until a growth policy can be adopted. Hickel stated the recent Attorney General's opinion allows cities to adopt interim regulations to address planning matters from the time the master plan expired until a growth policy is in place. He said adopting interim regulations will address those planning issues that are to be heard, and those that have been heard, since October 1, 2001. Hickel emphasized these are only interim regulations. Leistiko moved Ordinance 1438, an ordinance adopting Interim Zoning Regulations and declaring an effective date. The motion was seconded. Leistiko remarked the Interim Regulations received still reference the Flathead Regional Development Office and the Kalispell City - County Master Plan. He asked if those are going to be removed. Hickel answered at this point those references do not affect the document. He said the interim regulations are designed to address only the zoning changes and amendments that have come before the Council since October 1, 2001. Olson asked what those changes are and why they're not covered under the old zoning regulations. Hickel responded that the old zoning regulations are fine as they relate to property with no substantive changes, however, the interim zoning regulations are for those issues that do involve substantive changes. Kalispell City Council Minutes October 21, 2002 Page 3 Olson asked how "bulletproof" these regulations really are and do they mean the Council can move ahead and act like "we know what we're doing"? Hickel said the City Attorney's office believes these interim regulations are valid and will be effective in taking care of zoning or planning issues that come before the Council until a growth policy is adopted. He said several other cities in the State have indicated they're taking the same measures. Peters commented his gut response is that the Council isn't ready to pass this ordinance. He said the Attorney General's opinion specifies that interim zoning regulations can be adopted only in exigent circumstances. Peters stated he doesn't see any exigent circumstances other than the City doesn't have a growth policy yet. Wilson declared the exigent circumstance is that private investors and developers have acted in good faith on actions the City has taken over the past twelve months. She said the interim regulations ratify those actions taken by the Council since October 1, 2001 and allows the Council to act on zoning changes that are not considered substantive until a growth policy is adopted. Hafferman remarked he still doesn't understand why the Council is doing this. He said he wouldn't know what actions are substantive or not substantive. Atkinson commented that he understood the only substantive changes made since October 1, 2001 were the Wolford and West View master plan amendments, which have since been rescinded. Mayor Kennedy said it appears that the ordinance should be tabled until a list of the land use changes made in the past year is studied. Peters moved to table Ordinance 1438 to the November 4 meeting. The motion was seconded. The motion carried unanimously upon vote. RESOLUTION 4749 - PRELIMINARY PLAT - MOUNTAIN VIEW PLAZA This is a request for approval of an 11-lot commercial subdivision on 37 acres located at the southeast corner of Highway 93 and West Reserve Drive and is a continuation of the development of the Mountain View Plaza Planned Unit Development site. Kalispell City Council Minutes October 21, 2002 Page 4 Larson moved Resolution 4749, a resolution conditionally approving the preliminary plat of Mountain View Plaza, more particularly described as Assessor's Tract 3E in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Wilson explained since the PUD agreement was finalized, two parcels were created through boundary line adjustments and an additional eleven lots are being created for future development. She said seven of the lots are located along the Highway 93 frontage and the other four lots are located in between Home Depot and Target. Wilson said even though the plat creates more lots than originally anticipated, it still complies with the PUD agreement and doesn't increase the overall square footage or the number of parking spaces required. She said it simply provides the developers and future lot owners more flexibility in how that square footage is combined. Larson said he doesn't have a problem with additional lots for small businesses, he just doesn't want to see one or two large developments. Wilson said if that was the case, it would amount to a substantive change in the PUD agreement and would have to come back before the Council. The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Mayor Kennedy announced that Kalispell received an award October 10th at the Montana League of Cities convention. She said Kelley Gundale, DNRC Community Forestry Coordinator, recognized Kalispell as receiving ten Tree City USA Growth Awards, the most of any city in Montana. Mayor Kennedy congratulated Mike Baker, Director of Parks and Recreation, and presented him with the plaque. ADJOURN The meeting was adjourned at 8:IS p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes October 21, 2002 Page 5 The data that was presented to the council members on the 7th was far too much_ to allow them to give any one subject the thought and consideration it takes to make proper decisions that that have healthy long term results to this community. The points that I bring up tonight are ones that cause decisions that may have been wrongly voted on due to the misinformation that was presented to you in the haste to complete the meeting fare. 1. The map shown to the council by Erica Wirtala showed that Lone Pine Estates was zoned R-4. This is not correct. Lone Pine Estates is zoned R-3. 2. Narda Wilson also claimed that Lone Pine Estates had 5.4 acres and 33 houses, comparing with 10 acres that Owl wants to build 62 family units on and remarked that was about the same as Lone Pine Estates. However, Narda only mentioned the acreage for phase 1 but counted the houses in both phases. The total acreage in Lone Pine estates is 8.724 acres with 32 houses, not 33. Compared to 10.029 for Owl's 62 units proposed. 3. Just who determines what affordable housing is? Seems if you can afford a Cadillac you buy it, or if you can afford an Escort you buy that. Both are "Affordable Purchases." So why the big deal on affordable housing? Unless of course to take advantage of the federal low income moneys to entice the young families into something that is a quick sale, but also has a greater chance of foreclosure in the future. 4. Paragraph 5 of Erica's statement "Playing by the Rules" says Owl's lots are approximately 6000 sq ft in size and are consistent with lots found throughout the surrounding area. Lone Pine's lots are 7002 to 8004. Stratford`s are 7920 to 8400. South Meadows are 7800 to 16,606 and one is 32,402 square feet. Ashley's lots are 7840 to 18,861 square feet. The rest of the homes around this area are all over 1 acre lots or 43,560 sq ft per residence. These numbers of square footages are clearly marked on all the maps from the court house. 5. The last part of her "Playing by the rules paper:" she wants you to NOTE that this was not "SPOT" zoning and R-4 was the norm rather than the exception. She states that Sunnyside conforms completely to R-4 zoning designation. The figures I have from the court house records, and vicinity maps from Tri City, show that her statement claiming R-4 is the "NORM." All surrounding area at the time of annexation and zoning of Owls plat was R-1 except 335 feet on the south end (Stratford) and Lone Pine Estates (R-3) Looks like "Spot Zonep" to me. 6. Playgrounds or Park. Any developer who has the best interest at heart for the people who buy into his development would surely want an area for the health and welfare for those people. This also creates a better market value for the homes that he is producing and in turn keeps the standard of the areas present values up. The higher values create higher tax bases and more consistent tax payers. 7. A larger lot can demand a better and larger house, which will attract a deeper pocketbook, who will buy `His Affordable House" thus creating a better tax base again, and naturally making all the home values around it better for everyone, and it's a known fact higher quality homes have less foreclosures. 8. Traffic. Lesser but larger one story homes will attract more retirees and create lesser traffic. And also, lesser problems for the already crowded school system. 9. As to the party who is the "Hostage being held" (2nd to the last paragraph of "playing by the rules) I would say that it is all those people who bought into another development that the "Hostage" built who are now in a heavy traffic dilemma because the exit road for his South Meadows subdivision was never built. Again, I have to say, You folks had way too much on your plate the last meeting, to do nothing more than gulp it down without thinking of the consequences of your decisions. Thank you. Angie Kruckenberg,1116 Sunnyside Drive, Kalispell