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
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February 5, 2001
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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
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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.
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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.
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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.
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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
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Wm. E. Boharski
Mayor
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