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02/05/01 City Council Minutes1727 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, FEBRUARY 5, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL .PRESIDENT DUANE LARSON PRESIDED. COUNCIL MEMBERS DON COUNSELL, DALE HAARR, RANDY KENYON, FRED LEISTIKO, DRUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. MAYOR WILLIAM E. BOHARSKI AND COUNCIL MEMBER JIM ATKINSON WERE ABSENT. Larson called the meeting to order and led the Pledge of Allegiance. Larson announced Mayor Boharski is doing much better but is still in the hospital. He asked for everyone's continued support and prayers. AGENDA APPROVAL Haarr moved approval of the Agenda. The motion was seconded by Scarff. . There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting January 22, 2001 2. Approval of Claims per Payables Register - $138,335.77 Scarff moved approval of the Consent Agenda. The motion was seconded by Counsell. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Bill Goodman, 50 2nd Street East #105, read a letter to the Council asking them to follow the sign ordinance when considering a proposal for the Mountain View Plaza. (Letter is attached and incorporated herein as if set forth in full at this place) Mayne Flowers, Citizens for a Better Flathead, asked Council members to go on the record in opposition to Senate Bill 376. She said the bill refers to MEPA compliance only and doesn't require the State to comply with local planning and zoning laws when considering uses for State lands. She urged the Council to contact legislators and oppose this bill. CONDITIONAL USE PERMIT - LEONA HENRY AND JOE CODE Henry and Cude are requesting a conditional use permit for a youth group home facility for short term residential care for up to five children. The conditional use permit would be for an existing two- story home at 120 Crestline Avenue, located on the south side of Crestline Avenue between Claremont Avenue and Buffalo Hill Drive. Van Natta moved approval of the conditional use permit with the three attached conditions. The motion was seconded by Counsell. Public Comment Jeff Little, 64 Crestline Drive, representing the Highland Park Homeowners Association, asked the Council to impose the additional Kalispell City Council Minutes February 5, 2001 1728 conditions that will be presented by Dean Jellison to protect the integrity of the neighborhood. Dean Jellison, 116 Crestline Drive, stated there is nothing in the law preventing the Council from adding conditions to a conditional use permit, so long as they are not safety or sanitary conditions that are not applicable to all residential properties in the City. He said the following conditions are "responsibility" conditions and asked that they be attached to the conditional use permit: 4. This conditional use permit is granted because the Council has been advised that it cannot be denied because of the provisions of Sec. 76-2-412, MCA, and it shall only become effective when Applicant presents to the City Building Inspector a copy of a license issued by the State Department of Health for the operation of a youth foster home on the subject premises. This permit shall terminate at such time as no valid license for the operation of a youth foster home is in effect. 5. Recognizing that the residents of said youth foster home will likely be troubled youth placed therein by Court order, the Applicants shall be responsible for any injury to the persons or of damage to the property of other persons in the neighborhood ,caused intentionally or negligently by any current or former resident of the youth foster home. 6. In keeping with the provisions of Sec. 76-2-414, MCA, Applicants shall provide care to the residents of said facility on a 24-hour-a-day basis. The term "care" includes reasonable supervision. 7. Applicants have represented to the City that they will provide adequate on -site parking for the residents of the facility, for visitors, for staff, and for themselves. Applicants shall be responsible to prevent parking by any such persons on the property of their neighbors. S. Violation of any of these conditions shall be grounds for termination of this permit by this Council after appropriate hearing. Norbert Donahue, 144 Crestline Drive, stated the homeowners in the area have formed a non-profit corporation in the hopes of better protecting the neighborhood. He said area homeowners have reported numerous zoning violations to the City over the past several years, but the City has done nothing about them. Donahue stated it's time for the Council to start protecting that neighborhood and enforce its integrity. Council discussion. Leistiko asked Neier to clarify the conditions Jellison presented. Neier stated he agrees with condition number four, requiring the City to receive a copy of the license issued by the State, and he would agree with condition number eight, which states the permit shall be terminated if any of the conditions are violated. He added, however, that conditions five, six and seven, in his opinion, should not be included. Neier said he feels the applicants Kalispell City Council Minutes February 5, 2001 Page 2 of 6 1729 1 1 are already responsible I for damages caused by the youth and condition number five is unnecessary. He said the 24-hour care requirement listed in condition number six is already required through State licensing, and as far as providing adequate parking as listed in number seven, the applicants have complied with the zoning requirements. Haarr said he feels requiring the applicants to be responsible for the actions of the youth, as stated in condition number five, should be recognized in the conditional use permit and would "hold up better in court if damage is done". Neier commented he still feels the applicants are liable anyway and the City doesn't have any weight making them more responsible. Kukulski added it's no different to someone else's property. He supersede the law before. than his children causing damage said the City has never tried to Kenyon said he feels it's unfair to set a higher standard for one home than another. He added that the last line of condition number five seems "grossly unreasonable" by stating the applicants would also be responsible for any "former" resident of the home. Leistiko moved to amend the conditional use permit by adding Jellison's submitted conditions numbers four and eight. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. The conditions as amended would now read: 1. The proposal will be developed in substantial conformance with the approved site plan and the Kalispell Zoning ordinance. 2. That all required licensing, inspections and approvals be obtained from the Kalispell Fire Marshall. 3. Applicant shall present to the City Building Inspector a copy of a license issued by the State Department of Health for the operation of a youth foster home on the subject premises. This permit shall terminate at such time as no valid license for the operation of a youth foster home is in effect. 4. Violation of any of these conditions shall be grounds for termination of this permit by this Council after appropriate hearing. S. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is being made to do so. Jellison asked the Council to look at the 24-hour care condition adding there is no harm to adding it. Haarr moved to amend the amendment by also adding Jellison's submitted condition number six, the requirement for 24-hour care. The motion was seconded by Van Natta. Kalispell City Council Minutes February 5, 2001 Page 3 of 6 1730 There was discussion. Van Natta commented he feels it's probably a requirement in the State license, but he would like to see a copy of the license before making a decision. He suggested possibly tabling the issue until a copy of the license can be obtained. Kenyon said he's concerned that the Council would establish differences between reasonable supervision and care. He said the child protective laws in the State are stringently enforced and he doesn't see a need for the requirement. Counsell agreed, adding the additional condition wouldn't make it a better facility. Larson said 1124-hour care" is very nebulous in the law, and maybe adding the condition would give us a better definition. He said he doesn't see any harm in adding it. The amendment failed upon vote with Haarr, Larson and Scarff voting in favor, and Counsell, Kenyon, Leistiko and Van Natta voting against. Haarr said the summary of findings in the FRDO report states "there will be no negative impacts to the neighborhood". He disagreed, stating it will have an impact. Haarr said the property doesn't have a usable backyard and he can't imagine five children sharing a small front yard with the dog, rabbit and goat already living there. Narda Wilson, FRDO, said it will be no different than someone with a large family and she doesn't feel children pose an adverse effect on a neighborhood. Haarr reiterated the unsanitary condition of the yard and said the whole issue of how you care for these kids is more important that just getting a license. Kukulski said it's not up to the City to determine whether the home is adequate, he said it's up to the State to deal with those issues. Kenyon agreed, adding he has complete confidence in the local licensing agency which conducts regular and stringent inspections. The motion as amended with the addition of Jellison's submitted conditions numbers four and eight, carried upon vote with Haarr voting against. FINAL PLAT - WILLOWS SUBDIVISION UNIT #2 This is a request for final plat approval of the Willows Subdivision, an 87-lot residential subdivision on approximately 30 acres located on the east side of Willow Glen Drive. Van Natta moved final plat approval for the Willows Subdivision Unit #2 and approval of the Subdivision Improvement Agreement. The motion was seconded by Scarff. There was discussion. Kalispell City Council Minutes February 5, 2001 Page 4 of 6 1731 Van Natta said everything in the improvement agreement has a completion date of August, 2001, except for the sidewalks. He asked what the procedure with the sidewalks will be. Wilson said the sidewalks will be installed at the time each house is completed. She said the construction vehicles would do too much damage if they were constructed earlier. Wilson pointed out that this subdivision is a disconnected island on the east side of Willow Glen and she urged the Council to proceed with annexation of the area on the west side of Willow Glen. The motion carried unanimously upon vote. RESOLUTION 4599 - CONTRACT SUPPLEMENT #7 FOR MERIDIAN ROAD Supplemental funds are required for additional work on the Meridian Road Project right-of-way acquisition. Staff is asking Council to approve Contract Supplement 47, which includes direct cots of the primary engineering consultant and the right-of-way contractor. The contract addition of $48,551.84 will be paid by MDOT. Scarff moved Resolution 4599, a resolution to alter and amend the contract with Robert Peccia and Associates on the North Meridian Road Reconstruction Project, STPU 6701(6). The motion was seconded by Haarr. There was discussion. Van Natta said he understands the money will not be paid by the City directly, but asked if it will be deducted from the total funds available for the project. Jim Hansz, Public works Director, said he's not sure how the bookkeeping works, but normally MDOT has a specific pot for engineering money and a separate pot for construction money. The motion carried unanimously upon roll call vote. ORDINANCE 1379 - SALARY ORDINANCE AMENDMENT - MUNICIPAL JUDGE'S SALARY - 2ND READING Heidi Ulbricht has requested the current salary of $40,000 for the Kalispell Municipal Judge be raised to $48,000 beginning January 1, 2002. Council passed Ordinance 1379 on first reading January 22nd. Van Natta moved second reading of Ordinance 1379, an ordinance amending Ordinance No. 1353, fixing the limits of the salary and compensation for the City Officials, Supervisors, and Employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the dates indicated herein, and repealing all other ordinances in conflict therewith. The motion was seconded by Counsell. There was discussion. Van Natta said a lot of people have the impression the Council is raising Heidi Ulbricht's salary. He stated the salary increase is for the position, not the person, and whether Ulbricht benefits from the increase depends on whether she's reelected this fail. Haarr said he voted against the motion at the last meeting and will vote against it again. He said he still feels the increase is excessive. Kalispell City Council Minutes February 5, 2001 Page 5 of 6 1732 The motion carried upon roll call vote with Haarr voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORT Kukulski reported he has made several phone calls regarding Senate Bill 376, the bill Flowers referred to concerning State lands, and he is hoping to get some answers as to what the bill really does. He said there has been a lot of confusion surrounding the bill and he feels it would be better if the Council fully understood it prior to taking a position. Kukulski said there are three bills, however, that he would like a consensus as to the Council's wishes on whether to write letters in opposition. He said one concerns a bill to eliminate extraterritorial building codes, another involves extraterritorial zoning and the third would eliminate the three-mile restriction for areas wanting to incorporate. Leistiko moved the City Manager be directed to write letters on behalf of the City Council in opposition to the three bills referred to. The motion was seconded by Van Natta. There was no discussion. The motion carried upon vote with Haarr voting against and Scarff abstaining. Kukulski informed the Council that discussions are continuing with the Mountain View Plaza developers. He said he hoped to have the proposal before the Council this evening, but the size of the signs are still an issue and hopefully middle ground can be reached soon. ADJOURN The meeting was adjourned at 9:20 p.m. ATTEST: /, 7 Theresa White City Clerk Approved February 20,2001 6 Wm. E. Boharski Mayor 1 Kalispell City Council Minutes February 5, 2001 Page 6 of 6