07/07/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, JULY 7, 2003, 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. (DON
COUNSELL'S SEAT REMAINS VACANT AT THIS TIME FOLLOWING HIS
RESIGNATION EFFECTIVE JUNE 18TH)
Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa
White, Finance Director Amy Robertson, Police Chief Frank Garner, Fire Chief Randy Brodehl,
Parks and Recreation Director Mike Baker, 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 June 16, 2003
2. Ordinance 1465 — Municipal Judge Qualifications — 2nd Reading
House Bill 358 revises the laws governing Municipal Courts and Ordinance 1465 amends the
City's Municipal Code in relation to those legislative changes. Ordinance 1465 passed on
first reading June 16th.
3. Ordinance 1466 — Cit r� Park Violations — 2nd Reading
In the past few years there have been an increasing number of violations in Kalispell's parks.
Ordinance 1466 gives the Municipal Judge authority to restrict access of violators to the City
parks for a period of up to 180 days. Ordinance 1466 passed on first reading June 16th.
4. Ordinance 1467 — Police Hiring Age Amendment - 2nd Reading
Currently Kalispell's City Codes require that anyone applying for a police officer position
be at least 21 years old. Ordinance 1467 reduces the minimum age to 20 years. Ordinance
1467 passed on first reading June 16th.
5. Firefighter Confirmation
Jessica Kinzer has successfully completed her probationary period with the Kalispell Fire
Department and Council confirmation was requested.
6. Proclamation — You Drink & Drive. You Lose. National Crackdown — June 17th to July 13th,
2003
Peters moved approval of the Consent Agenda. The motion was seconded.
Hafferman asked for two friendly amendments to the minutes: Page 4, paragraph 4, place a
period after "removed" in the second sentence and show in the next sentence that the $25,000
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July 7, 2003
Page I
of taxpayer's money in the new budget is contrary to state aw 7-12-1133(2); and on Page 8, last
sentence, move "primarily" to before "for the utility expansion along Highway 93" and delete
"set aside." There was no objection.
The motion with the amended minutes carried unanimously upon roll call vote.
STUDENT ISSUES
Kevin Natty, 181 Riverview Drive, introduced the new President of the Kalispell Youth Advisory
Council, Kate Reese of Bigfork. Natty said other appointments made were Ryan Motley as Lt.
Mayor, Steven Vanderhoff, Recorder, and Sean Sullivan, Communications Director. He also
presented an overview of what the youth council has been working on for the last two months.
HEAR THE PUBLIC
Kurt Hafferman, 511 3rd Avenue West, stated he is building a home at 1325 2nd Street West and
commented on Agenda Items, 8, 9 and 10 pertaining to the Kirk Subdivision. Hafferman submitted
a letter to the Council outlining his opposition to the proposed access road through the south end of
the subdivision, connecting with 2nd Street West. (Statement is attached and by this reference is
made a part of the official record)
Bruce Measure, 635 5th Street East, spoke in favor of placing the proposed charter on the November
ballot. He said he was a member of the last study commission and even thought the commission
recommended a charter, it was not adopted primarily because it was confusing. Measure
commended the Council and Manager for proposing a charter this early and he encouraged
continuing education.
Roberta Gould, 154 Sherry Lane, stated she is also in favor of placing the city charter on the
November ballot, adding if the Council waits for a study commission, it will get "muddied" up with
a lot of people who have different ideas and ideals. She said this should not be a political issue; it
should be what's best for the City and a charter will not change the present government.
Erica Wirtala, Sands Surveying, spoke on Agenda Items 3, 4 and 5, Empire Estates, on behalf of
Wayne Turner. She said they agree with the conditions overall, however, they would like the
parkland dedication to include the bike path which they feel is a significant recreational feature and
will cost $25,000 to construct. Wirtala said the bike path, along with a planned 1.7 acre park, will
satisfy the majority of the developer's obligation for parkland with a $16,000 payment still being
made to the City in lieu of the balance. She proposed the following wording be added to condition
# 11 in Resolution 4806, preliminary plat: "That the parkland dedication (11 % of the unimproved
value of the land in lots) in cash -in -lieu or actual parkland, include the cost of paving the
bicycle/pedestrian walkways along Three Mile Drive and Stillwater Road."
Bill Gould, 154 Sherry Lane, spoke in favor of the charter proposal. He said one of the most
important events in Montana was the 1972 Constitutional Convention which provided for cities to
adopt self-government powers. He said in order to adopt self-government powers a charter needs to
be adopted and he applauded the Council for moving ahead.
PUBLIC HEARING — 2003/2004 BUDGET
Mayor Kennedy explained this is the time Council will hear public comments concerning the
proposed 2003/2004 budget for the City of Kalispell with final budget adoption tentatively scheduled
for August 4th.
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July 7, 2003
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Mayor Kennedy opened the public hearing.
PROPONENTS
None
OPPONENTS
None
Mayor Kennedy closed the public hearing.
RATIFICATION OF RESOLUTION 4797 — CREATING A DOWNTOWN BUSINESS
IMPROVEMENT DISTRICT
The City Attorney's Office requested the Council consider additional information concerning the
Downtown Business Improvement District and ratify Resolution 4797.
Mayor Kennedy stated a lot of the issues with the BID are still being worked out and she would like
to see the issue tabled until August 4th.
Leistiko moved to table the Ratification of Resolution 4797 until the August 4th regular
meeting. The motion was seconded.
The motion carried unanimously upon roll call vote.
ORDINANCE 1468 — DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
REGULATIONS — 2ND READING
Ordinance 1468 establishes the regulations for the Kalispell Downtown Business Improvement
District. Ordinance 1468 passed on first reading June 16th.
Atkinson moved to table Ordinance 1468 until the August 4th regular meeting. The motion
was seconded.
The motion carried unanimously upon vote.
RESOLUTION 4805 — ANNEXATION REQUEST — WAYNE TURNER
This is a request for annexation of approximately 80 acres located at the northeast corner of Three
Mile Drive and Stillwater Road.
Kenyon moved Resolution 4805, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property, as more
particularly described on Exhibit "A", located in Section 1, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, to be known as Empire Estates Addition No. 330;
to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an
effective date. The motion was seconded.
Wilson gave a staff report on the annexation, zoning and preliminary plat proposals explaining that
67 acres would be developed with housing and the remaining 13 acres set aside for the bypass. She
said the issue with parkland dedication was discussed at the Planning Board hearing and the board
concurred with staff that the bike and pedestrian trail is a development cost associated with the
subdivision and doesn't qualify under the criteria for parkland dedication.
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Page 3
Leistiko asked who will be responsible for maintaining the bicycle/pedestrian path.
Wilson said a pro rata share of the cost of maintenance will be assessed to each property owner.
Hafferman commented that the first general extension of services plan for Kalispell in 1982
anticipated that Kalispell would grow to the north and west, in fact, details in that plan anticipated
developer- constructed lift stations near the intersection of Stillwater Road and Three Mile Drive
capable of delivering 136,500 gallons per day to the Wastewater Treatment Plant. He said this
development will consume about half of that, or 70,000 gallons. Hafferman stated even though it
wasn't anticipated that growth in the Flathead would be as rapid as we're experiencing, he has no
doubt that the Flathead and Kalispell will continue to grow at a fast pace and if we're ever going to
attempt to have some affordable housing, there needs to be a supply of available lots well ahead of
demand. He said if we don't keep up with demand, all of our taxes will rise. Concerning the
preliminary plat, Hafferman stated he thinks condition #9 concerning the traffic analysis needs to be
clarified.
Wilson remarked she would welcome any suggestions on how to clarify that condition.
Hafferman moved to amend Resolution 4806, condition #9, to read: "That the developer
finance a traffic analysis in accordance with D.C. 05 of the City Design Standards and that the
developer is to mitigate impacts on the existing street network in accordance with Page 9 of the
general Extension of Services Plan and with the Department of Transportation being the lead
agency in accessing such impacts". The motion was seconded.
There was discussion.
White noted Hafferman's motion is out of order and the amendment should be moved during the
discussion on the preliminary plat, not the annexation.
Hafferman withdrew his motion. The second concurred.
Hafferman asked if any of the City's existing regulations require:1) a buffer, and; 2) the construction
of a bike path to be maintained by homeowners. He said the Council recently approved a
subdivision adjacent to Willow Glen where right-of-way is going to be a major problem and a buffer
was required, but no bike path. Hafferman said last year the Council approved a subdivision
adjacent to Sunnyside Drive where traffic is hazardous to pedestrians and bikers, but no buffer or
bike path was required there either. He asked what regulations are we following in regards to buffers
and bike paths.
Wilson responded that the subdivision immediately to the west of this property, Blue Heron Estates,
did require a perimeter buffering and bike trial. She said the intent is that as this area develops, there
will be an interconnected bike and pedestrian trail along Three Mile Drive. She said when staff
reviews a subdivision; they look at the public health and safety issues associated with the
development and then try to make appropriate recommendations.
Hafferman said the point he is trying to make is that the City should be fair to all developers and if
the developer has to have a buffer and construct a homeowner -maintained bike path therein, this 20-
foot strip should be considered as parkland or some compensation should be made.
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Page 4
Peters commented this subdivision has gotten a lot of attention because of its size. He asked if it
wouldn't make more sense in the future to separate these large developments and annex them in
phases.
Kukulski answered there has been a lot of discussion in the last four years as to the wisdom of
annexing in phases and the Council has actually approved regulations making it easier and more
affordable to annex large parcels of property to ensure development consistency.
The motion carried unanimously upon roll call vote.
ORDINANCE 1469 — INITIAL ZONING — WAYNE TURNER — IST READING
Turner is requesting a zoning designation of R-4, Two Family Residential for the above mentioned
property. The area is currently zoned County R-2, Suburban Residential.
Kenyon moved first reading of Ordinance 1469, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property described as Empire Estates Addition No. 330 and further described on
Exhibit "A" located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana (previously zoned County R-2, Suburban Residential) to City R-4 (Two
Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4806 — PRELIMINARY PLAT — EMPIRE ESTATES
Wayne Turner has requested preliminary plat approval of Empire Estates, a 347-lot subdivision
intended primarily for single-family homes and duplex dwellings.
Leistiko moved Resolution 4806, a resolution conditionally approving the preliminary plat of
Empire Estates Subdivision, more particularly described on Exhibit "A", I Section 1,
Township 28 North Range 22 West, P.M.M., Flathead County, Montana. The motion was
seconded.
Hafferman moved to amend condition #9 to read: "That the developer finance a traffic
analysis in accordance with D.C. 05 of the City Design Standards and that the developer is to
mitigate impacts on the existing street network in accordance with Page 9 of the general
Extension of Services Plan and with the Department of Transportation being the lead agency
in accessing such impacts". The motion was seconded.
Kukulski said staff has suggested the first line in condition #9 include the wording "developer -
funded" traffic analysis and then add a last sentence reading: "Ensuring that all City policies
and ordinances shall be met."
Mayor Kennedy asked Hafferman if he would accept the suggestion as a friendly amendment.
Hafferman agreed. The second concurred.
The amendment carried unanimously upon vote.
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July 7, 2003
Page 5
Hafferman suggested the Council consider the 20-foot buffer strip as parkland and recommended the
alternate condition presented by Wirtala be incorporated into the resolution.
Kukulski asked the Parks and Recreation Director to comment.
Baker noted the intent of the law requiring park lands in subdivisions is to provide recreational uses.
He said the buffer area doesn't provide any recreational area. If it was a nature or exercise trail, then
it would meet the criteria, however, in this case it serves only as a sidewalk. Baker said the $41,520
to be received through cash in lieu of parkland will be used for development of the dedicated park
area and if the Council subtracts $25,000 from that amount, the City may have a parcel of land with
no playground equipment and any improvements made would have to come from general fund
dollars.
Atkinson observed that because of the rapid growth in this area, it would be an advantageous time
for the developers to share the costs of utility extension.
Kenyon asked if all the questions have been answered concerning the northeast section of this
property and possible access through the bypass corridor.
Wilson said she doesn't think anyone knows what the final disposition of that property will be until
the State actually enters into negotiations with the property owner. She added, however, that she
doesn't believe the State will ever allow access through the bypass corridor.
In reference to the parkland, Larson commented that he would like to see the proposed 1.7 acre park
developed to its fullest extent and he would not support the $25,000 adjustment to the cash in lieu.
The motion as amended carried unanimously upon roll call vote.
_RESOLUTION 4807 — ANNEXATION REQUEST — JERRY AND LAVERNE SCOTT
This is a request for annexation of approximately one acre of property located west of Meridian Road
between Meridian Court and Second Street West.
Hafferman asked to be excused from the next five agenda items as they all pertain to proposals
affecting his son, Kurt Hafferman.
Hafferman left Council Chambers.
Kenyon moved Resolution 4807, 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 as Lot 10 Hollister's Meridian Tracts, Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana, to be known as Scott Addition No. 331; to
zone said property in accordance with the Kalispell Zoning Ordinance and to declare an
effective date. The motion was seconded.
Wilson gave a staff report explaining this request and the upcoming request by G.R. Kirk and
Company are intertwined. She said the area proposed for annexation and zoning by the Scotts is
approximately one acre and is currently undeveloped. Wilson said the growth policy designates this
area as mixed use, and because of its proximity to the railroad tracks and the Montana Wood
Products operation, it was determined a zoning designation of B-2, General Business, would be
appropriate.
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July 7, 2003
Page 6
There was no discussion.
The motion carried unanimously upon roll call vote with Hafferman excused.
ORDINANCE 1470 — INITIAL ZONING — JERRY AND LAVERNE SCOTT — 1ST
READING
The Scotts have requested a zoning designation of B-2, General Business, for the above mentioned
property. The area is currently zoned County R-1, Suburban Residential.
Atkinson moved first reading of Ordinance 1470, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property described as Scott Addition No. 331 and further described as Lot 10
Hollister's Meridian Tracts, Section 13, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana (previously zoned County R-1, Suburban Residential) to City B-2 (General
Business), in accordance with the Kalispell Growth Policy 2020, and to provide an effective
date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Hafferman excused.
RESOLUTION 4808 — ANNEXATION REQUEST — G.R. KIRK AND COMPANY
This is a request for annexation of approximately three and one half acres of property located west of
Meridian Road between Meridian Court and Second Street West.
Atkinson moved Resolution 4808, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property, as more
particularly described on Exhibit "A", located in Section 13, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, to be known as Kirk Addition No. 332; to zone said
property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date.
The motion was seconded.
Wilson said G.R. Kirk and Company is requesting annexation, zoning and preliminary plat approval
of essentially the west half of Lots 11, 12, 13, 14 and 15 of Hollister's Meridian Tracts, along with
Lot 13 of Meridian Addition to be the only real access to this property. Wilson explained that when
Lee's Meridian Business Park was developed, there was a provision on the plat that allowed for the
extension of a road intended to connect to Second Street West, creating a grid street system. She
said if this provision hadn't been provided, and if the Scotts hadn't come forward for annexation, the
only other access to this property would be through Lot 13 or via a 20-foot wide alley. She said the
142 feet of new internal roadway will need a variance from the 60 foot right-of-way requirements to
50 fee which is recommended for approval. The Planning Board recommended a condition to the
preliminary plat that the developer coordinate with the Public Works Department to create the least
impact to Kurt Hafferman's property, Lot 14, by moving the road to the east. Wilson said as far as
the zoning, the applicant requested a B-2 designation, however, when the Planning Board started
looking at the uses it was determined the property should be zoned B-1, Neighborhood Buffer
District to mitigate potential impacts to the neighborhood along Second Street West.
Larson asked if there's any provision to satisfy Hafferman's request that the developer dedicate to
him a ten -foot wide strip on his east boundary.
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July 7, 2003
Page 7
Wilson stated she doesn't think the Council has authority to "give" that property to another property
owner. She added, however, that the alternative as Hafferman suggested, ending the roadway in a
cul-de-sac and provide secondary emergency access through the alley creates other issues. She said
the cul-de-sac would exceed the cul-de-sac limits set out in the subdivision regulations and would
therefore require a variance.
Olson commented his problem is that Hafferman started building a house and all of a sudden there's
a road next to it. Olson said he would support a cul-de-sac, but he won't support a through road.
Atkinson said he can sympathize with Hafferman, but the Council also needs to consider that Kirk
purchased Lot 13 specifically for access to the property. He said he's not in favor of a cul-de-sac
that long and he thinks the Fire Department would not suggest otherwise. Atkinson said Hafferman
makes some valid points that were considered by the Planning Board, but Kirk's needs and the
community needs have to be looked at also. Atkinson noted the B-1 zoning recommended by the
planning board was intended to mitigate traffic impacts to the neighborhood to the south.
Mayor Kennedy said Hafferman indicated that if a road is built he would like to make sure he has an
adequate setback. She wondered if there is a way to "beef up" condition #9 to guarantee the
roadway will be placed as far east as possible.
Wilson said the Council could add some language to the preliminary plat condition that the roadway
width would be the minimum necessary under the City of Kalispell's Design and Construction
Standards and that there would be no parking on either side of the roadway and the sidewalks would
be attached to the curb with landscaping being placed between the sidewalk and property boundary.
She said essentially you would then end up with a 24 foot wide road, a 2 foot curb and gutter, plus
another 10 feet for the sidewalk which would leave 12 feet between the edge of the sidewalk and the
property boundary on the west side and street trees could be placed in that area to create buffering.
Peters commented he understands Atkinson's concern that the developer bought this lot for a road,
however, the developer could turn around and sell it.
The motion carried unanimously upon roll call vote with Hafferman excused.
ORDINANCE 1471— INITIAL ZONING — G.R. KIRK AND COMPANY —1ST READING
G.R. Kirk and Company has requested a zoning designation of B-2, General Business, for the above
mentioned property. The area is currently zoned County R-1, Suburban Residential.
Larson moved first reading of Ordinance 1471, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property described as Kirk Addition No. 332 and further described on Exhibit
"A" located in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana (previously zoned County R-1, Suburban Residential) to City B-1 (Neighborhood
Buffer District), in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded.
Peters asked why the Planning Board recommended a B-1 designation for this property, and B-2 for
the property directly north.
Wilson stated the B-1 zone is a Neighborhood Buffer District with a limited number of commercial
uses and allows for residential uses as well. She said it isn't as broad as the B-2 zone and allows
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July 7, 2003
Page 8
single family homes and duplexes as permitted uses, and multi -family homes as conditional uses.
Wilson said the Planning Board felt by recommending B-1 it would reduce the potential impacts to
the neighborhood.
Atkinson commented if a cul-de-sac is constructed people are going to have to drive around the area
to get to the businesses. He said if the City continues its grid system people won't have to drive in
circles to get somewhere and he asked the Council to keep that in mind when considering the next
agenda item.
The motion carried unanimously upon roll call vote with Hafferman excused.
RESOLUTION 4809 — PRELIMINARY PLAT — KIRK SUBDIVISION
G.R. Kirk and Company has requested preliminary plat approval of Kirk Subdivision, a six -lot
commercial subdivision on approximately 4.36 acres.
Leistiko moved Resolution 4809, a resolution conditionally approving the preliminary plat of
Kirk Subdivision, more particularly described on Exhibit "A", in Section 13, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded.
Larson moved an amendment to condition #3 to read: "That the internal roadway shall be
designed and constructed in accordance with the City of Kalispell's Design and Construction
Standards with the exception of the southern terminus of this roadway which will be designed
into a cul-de-sac within the developer's own property. The cul-de-sac will meet the
specifications of the Fire Department and the Garbage Department." The motion was
seconded.
Larson said he feels the individual has as many rights as the developer and in this case the individual
was there first. He said Hafferman started building a house never thinking there would be a roadway
five feet away from his bedroom window. Larson said a grid system is best for moving traffic, but
isn't always best for the safety of a neighborhood.
Atkinson countered that the residents on Second Street West would have an option instead ofhaving
to go to the intersection at Peterson School on Meridian Road, could go to a better designed
intersection at Center and Meridian by traveling through the subdivision that's being discussed. He
said in other words there are different views on what's beneficial.
Kenyon said he tends to agree that it's unreasonable for a developer to buy a lot to punch a road
through a residential neighborhood, but he doesn't think the proposed condition needs to be as
drastic as Larson's amendment Kenyon asked for the Fire Department's opinion on the proposed
cul-de-sac.
Brodehl said the Fire Department would look at traffic in and out of the area and whether there are
two ways to access all of the structures and the subdivision. He said a 1200 feet cul-de-sac would
make it difficult, but he added the alley meets the minimum width for secondary access as long as no
parking is allowed.
Kukulski said to be fair the idea of extending the Meridian Court road was discussed with the
previous plat and didn't just appear when Kirk purchased this property. In addition, "beefing up" the
language does everything it can to make sure Hafferman's bedroom isn't five feet from the road,
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July 7, 2003
Page 9
Kenyon said he would be more inclined to support mitigating the roadway impacts rather than a cul-
de-sac.
Olson suggested the Council table this matter until the staff has time to further research the issues
and report back.
Mayor Kennedy noted there is already a motion on the floor.
Larson offered to withdraw his motion. The second objected.
The motion to amend failed upon roll call vote with Larson, Olson and Peters voting in favor,
and Atkinson, Kenyon, Leistiko and Mayor Kennedy voting against. Hafferman was excused.
Olson moved to table Resolution 4809 to the July 21st meeting. The motion was seconded.
The motion carried upon roll call vote with Kenyon, Larson, Leistiko, Olson and Kennedy
voting in favor, and Atkinson and Peters voting against with Hafferman excused.
Hafferman returned to his seat.
ORDINANCE 1472 — ZONE CHANGE — WILLIAM RICEIRON AND MERNA TERRY —
1ST READING
William Rice, on behalf of Ron and Merna Terry, has requested a zone change from RA-1, Low
Density Residential Apartment, to B-2, General Business, on approximately one-half acre of
property located between Third Avenue East and Fifth Avenue East, north of Ace Hardware.
Leistiko moved first reading of Ordinance 1472, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property described as the West 189 feet of Assessor's Tract 5-5 located in Section
17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned
City RA-1, Low Density Residential Apartment) to City B-2 (General Business), in accordance
with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was
seconded.
Wilson explained the zone change and the next two conditional use permit requests are interrelated
involving some of the same properties. She said this property is located directly north of the
Birchwood Apartments on the west side of Fifth Avenue East. She said the owners would like to take
the west half of this property and combine it with the property to the north to be accessed via a
private driveway. Wilson said the zone change would allow for the consolidation of the two
properties to be used for mini -storage units, and would also segregate it from the property to the east
where two triplexes are being proposed. She stated the Planning Board recommended unanimously
the Council rezone this property to B-2.
Larson asked if this isn't spot zoning because half of the lot would be designated B-2 with the other
half remaining RA-l.
Wilson answered it would only be spot zoning if you were going to designate it something totally
different than what's currently there. She said because the property also borders B-2 on the west, it
wouldn't be spot zoning.
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July 7, 2003
Page 10
Larson said he still doesn't feel it's proper to take half of the property and zone it something
different.
Wilson explained the area proposed for rezoning and the adjoining property to the north will be
combined into two lots via a boundary line adjustment. She said she thinks it will become clearer
once the next agenda item is reviewed; the conditional use permit for a mini- storage facility.
Hafferman made the following statement concerning the mini -storage CUP: "My main concern for
the CUP is what happens to the storm water. Essentially, the proposal will have nearly 100%
overcoming, i.e., paving and roofs. That's a pot full of storm water. The sketch does not indicate
any retention or detention areas which is a must for this area. Groundwater is near surface and there
is no storm drainage collection system. Essentially the only amount of runoff allowable is the same
rate of discharge that presently exists, practically nil. Condition #3 subtly addressed the requirement
for a storm water design report by a professional engineer for developments over 10,000 square feet.
But I would like to propose that condition #11 be added to specifically call to the developer's
attention that storm water is a very serious problem for this area. From the sketch, it appears to me
this important item may have been overlooked." Concerning the triplex CUP, Hafferman asked if
Fifth Avenue East is at least 34 feet wide to allow off-street parking for three cars?
Wilson said she'd like to answer the storm water issue first by stating staff realizes this is an area of
high groundwater, however, this property in particular does not fall under the hydric soil
classification. She said condition #3 of the CUP states the proposal shall comply with the Kalispell
Design and Construction Standards for storm drainage to be approved by the City Engineer prior to
the issuance of a building permit. Wilson said the Council can add additional language, but the
developer is well aware that storm water has to be managed on site and he may find he can't do the
entire project as proposed.
Olson agreed this is a bad area for high groundwater and wondered whether the Council can approve
the zone change if the developer isn't going to be able to build the storage units.
Mayor Kennedy said right now the Council is considering the zone change only and the storm water
isn't applicable.
The motion carried upon roll call vote with Atkinson, Hafferman, Kenyon, Leistiko, Olson,
Peters and Mayor Kennedy voting in favor, and Larson voting against.
CONDITIONAL USE PERMIT — WILLIAM RICE/RON AND MERNA TERRY
Rice, on behalf of the Terry's, has requested a conditional use permit to construct a mini -storage
facility on approximately two acres of property located between Third Avenue East and Fifth
Avenue East.
Leistiko moved approval of the conditional use permit for William Rice on behalf of Ron and
Merna Terry to construct a mini -storage facility subject to conditions. The motion was
seconded.
Hafferman moved to add condition #11 to specifically call to the developer's attention that
storm water is a very serious problem for this area and reiterate the parts of the regulations
that call attention to what he has to do with regard to an engineering report. The motion was
seconded.
Kalispell City Council Minutes
July 7, 2003
Page 11
Mayor Kennedy asked if Hafferman's motion isn't redundant to condition #3 that clearly states: "the
proposal shall comply with the Kalispell Design and Construction Standards for water, sewer, storm
drainage and other applicable facilities which shall be approved by the City Engineer prior to the
issuance of a building permit". She said it appears to her that condition #3 sums up the storm water
issue.
Wilson said if the Council would like an additional condition you could state something to the effect
that "all storm water shall be retained on site based on an engineered storm water management plan
in compliance with the City of Kalispell's Design and Construction Standards".
Hafferman agreed to Wilson's wording. The second concurred.
The amendment carried upon vote with Atkinson voting against.
There was no further discussion.
The main motion as amended carried unanimously upon roll call vote.
CONDITIONAL USE PERMIT — WILLIAM RICE/RON AND MERNA TERRY
Rice, on behalf of the Terry's, also requested a conditional use permit to construct two triplex units
along Fifth Avenue East.
Leistiko moved approval of the conditional use permit for William Rice on behalf of Ron and
Merna Terry to construct two triplex units subject to conditions. The motion was seconded.
Wilson explained this parcel is the remaining eastern portion of the property rezoned and is
approximately 19,000 square feet that is proposed for two triplex units. She said access would be
developed to the north and the two triplexes would face each other with a courtyard in the center.
She stated the Kalispell Zoning Ordinance requires two and a half parking spaces per dwelling unit,
or fifteen parking spaces, for the two triplex buildings. The proposal calls for twelve parking spaces
on site with three overflow parking spaces on the street. Wilson noted the zoning ordinance allows
overflow parking to be located on the street. She added there was opposition to the proposed
triplexes because of the density and site design. The applicant has agreed to place fencing along the
northern boundary and to sign a waiver to protest a SID should Fifth Avenue East be upgraded in the
future.
Olson asked if the development includes sidewalks.
Wilson said there are currently no sidewalks in this area and in lieu of requiring sidewalks, the
Planning Board added condition #7 to the permit stating: "That a waiver to protest the creation of a
special improvement district for the upgrading of Fifth Avenue East be filed with the Flathead
County Clerk and Recorder's Office prior to the issuance of a building permit".
Hafferman disagreed with Wilson about overflow parking the street. He said if you have no parking
you can have a narrower street, but if you have parking you have to provide the width for it.
Wilson noted, however, the street is not posted "no parking".
Leistiko asked if there's a way to reconfigure the parking schematics to have all of the spaces on site.
Kalispell City Council Minutes
July 7, 2003
Page 12
Wilson said she wouldn't know without studying the plans.
Olson moved an amendment to add condition #9 stating that approximately 132 feet of
sidewalks be installed in conjunction with this project along Fifth Avenue East. The motion
was seconded.
Hafferman commented sidewalks at this stage of the game aren't going to go anywhere. He said the
Council can always order in sidewalks later and he would rather see the developer spend the money
to put all of the parking on site. Hafferman said the City needs a sidewalk development area plan
before pieces of sidewalks are added here and there.
Olson said the City has to start somewhere or it will never happen. He said every time a
development comes before the Council sidewalks should be required.
Atkinson said he's always been in favor of sidewalks but he's going to have to vote against the
amendment because there are blocks and blocks of no sidewalks in that area. He said the Planning
Board is very much in favor of sidewalks but in this instance the board felt it's very difficult to
require sidewalks in a piecemeal fashion and it would be better to get a waiver for a SID when the
entire area can be upgraded.
The amendment failed upon roll call vote with Olson, Peters and Mayor Kennedy voting in
favor an Atkinson, Hafferman, Kenyon, Larson and Leistiko voting against.
Leistiko moved an amendment to add condition #9 requiring that all parking be provided on
site. The motion was seconded.
Wilson stated if the Council wants to require all parking on site then it needs to change the zoning
regulations because as it stands, the plan complies with the current regulations.
Leistiko withdrew the amendment. The second concurred.
Hafferman moved an amendment to add condition #9 to require that all parking be on site or
the street be of adequate width to allow two lanes of traffic and one lane for parking,
whichever is necessary to get all parking off the travel lane. There was no second.
There was further discussion.
The main motion with no amendments carried upon vote with Hafferman voting against.
ORDINANCE 1473 — PLACING PROPOSED CITY CHARTER ON NOVEMBER BALLOT
—1ST READING
This ordinance allows voters to decide on whether the City of Kalispell should become a charter
form of government.
Peters moved first reading of Ordinance 1473, an ordinance placing a proposed City Charter
on the November 4, 2003 regular election ballot and declaring an effective date. The motion
was seconded.
Mayor Kennedy stated she and the City Manager have met with representatives from the Kalispell
Chamber of Commerce and tried to resolve the Chamber's concerns with the charter. She said the
Kalispell City Council Minutes
July 7, 2003
Page 13
Chamber had three concerns that have been addressed in the charter: 1) making sure tax issues would
go before the voters; 2) making sure government study commissions are still formed, and; 3)
inserting stronger language with regards to a cooperative relationship with Flathead County. She
said the Chamber Board of Directors will meet on the issue soon and hopefully they will decide to
support the City in its effort to get a charter.
Hafferman read the following statement: "My opinion is that changes in government organization
should be citizen driven. This Council has had practically zilch public participation. I have heard
and read newspaper articles that advocates simply want to duplicate `what we are already doing'.
Then why is this costly exercise being performed if it changes nothing? We should be beating the
drums for next year's vote on members for a Citizens Study Commission to review our existing form
of city government. Citizens should tell us what they want, not government telling people what they
need!"
Mayor Kennedy noted Sharon Berry, a member of the 1996 Kalispell Review Commission,
presented a letter to the Council encouraging the Council to proceed with placing the charter on the
ballot. (Letter is attached and by this reference is made a part of the official record) Mayor Kennedy
said all of the 1996 commission members unanimously recommended the charter form of
government. She said in her opinion there has already been a lot of citizen input and the Council
plans on gaining additional input before now and November.
Peters said he agrees with Hafferman that citizen involvement is important, however, he will never
vote against something that places an issue on the ballot.
The motion carried upon roll call vote with Hafferman voting against.
RESOLUTION 4810 — CONSTRUCTION AGREEMENT
This is an agreement between the City and the Montana Department of Transportation for the
reconstruction of sidewalks in approximately 85 residential/commercial blocks in the northwest
section of Kalispell.
Larson moved Resolution 4810, a resolution authorizing the Mayor of Kalispell to execute City
Agreement of Federal Aid Project No. CM 6799(24) with the State of Montana. The motion
was seconded.
Kukulski gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Olson asked if there will be any town meetings concerning the charter.
Mayor Kennedy answered meetings with the community will be scheduled and more information
should be coming forward in August.
Hafferman stated a utility rate history provided by the Finance Department debunks the statement
that there haven't been any rate increases for 12 years. He said the rate history shows there have
been increases in the past 12 years amounting to 42% in sewer, 44% in water and 91 % in sprinkling
rates.
Kalispell City Council Minutes
July 7, 2003
Page 14
Peters asked if there's any possibility of adding alley paving to the 50-50 sidewalk program.
Kukulski answered that would be a budgetary decision by the Council.
Mayor Kennedy added that right now the City will do the grading and prep work in the alley for
approximately $200 per homeowner.
Larson commented the Council was worried about a long cul-de-sac on the Kirk development yet
nobody mentioned the 333 foot narrow road accessing the mini -storage units on Third Avenue East.
ADJOURN
The meeting was adjourned at 10:07 p.m.
ATTEST:
2 h t
Theresa White
City Clerk
Approved July 21, 2003
Pamela & Kenne
Mayor
Kalispell City Council Minutes
July 7, 2003
Page 15
21
Comments by Kurt Hafferman
07/07/2003 Kalispell City Council Agenda
Pertaining to the G.R. Kirk Development Items 8, 9, and 10 on the agenda
Submittals: Outline for tonight's Comments
Outline submitted to the City Planning Board June 10, 2003
Letter sent to the Tri-City Planning Office April 22, 2003
support
• I am not opposed to the proposed development.
• I support the Tri-City Planning Office recommendation that the planned subdivision, which is
currently in the County, be annexed into the City.
• 1 support the recommendation that the current R-1 zone be changed to B-1. The developer
had originally requested B-2 zoning and the City Planning Board passed a motion to
recommend B-1 zoning. I encourage the City to adopt the B-1 zoning recommendation.
Opposition
• 1 am opposed to allowing the access road to be built through the south end of the
subdivision then through Lot 13 and entering 2nd Street West. Lot 13 is the residential lot
immediately adjacent to my east property line. I have started and I am nearing completion
on my residence on Lot 14. 1 do not believe that the minutes of the City Planning Board
meeting on June 10th, clearly indicate to this council the problems which will be created
for me by this access and I would like to restate my concerns
• 1 recommend that the request for a variance for a narrow width road through Lot 13
be denied. If the variance is approved and the road is built, it will make my lot non-
conforming to City requirements as is will become a corner lot. As I stated in my
April 22nd letter, a corner lot requires a 15 ft. set back. I have built my house to
regulations in place and have set back 5 ft. from the property line.
• 1 do not feel it is fair to now allow the next person after me to build a road on their
property line that would be 5 ft. from my bedroom window.
• Simply stating that because I built first the 5 ft. setback on a corner lot would be
"grand -fathered in" and waived is not fair. I would not have been approved for a 5 ft.
set back if the road had been there first, so I do not want to pin my hopes on "grand -
fathering". If the road were approved I would need to be made a whole corner lot. I
should not have my property devalued because of this development.
• 1 have a second concern which is the introduction of more business traffic in a residential area.
I agree that 2nd Street west is a blend of business and residential, but it is as blended together
as it needs to be. Also, where 2nd Street enters at Meridian is already a non-standard,
skewed intersection. This intersection is located directly west of Peterson school and even
when school is out, this is a very dangerous intersection. My mother came upon an accident
in which the City Police had to respond just two weeks ago. Adding additional business traffic,
next to a school, on a skewed intersection, will only aggravate the situation.
Solutions:
■ The variance allowing the narrow road is denied.
1. I would recommend that the City Council then approve a variance for a longer than standard Cul-
de-sac for the subdivision. Using a Cul-de-sac will route the traffic back to the intersection of
Meridian and Center Street away from the Peterson school intersection. I would then
recommend the council allow a narrow width road from the southern end of the Cul-de-sac to the
existing normal grid system east -to -west alley on my north boundary. Emergency traffic could go
in or out of the subdivision at the west end of the alley at the rail -road/ City boundary right-of-way
that already exist. I would also request that the narrow access road be marked "For emergency
use only".
0 The variance allowing the narrow road is approved.
21 If the City Council approves the narrow road on Lot 13, 1 need to be made whole again. To make
me whole, the developer should be required to dedicate to me, at no cost, a 10 ft. wide strip on my
east boundary. In exchange I would agree to grant a right-of-way through the strip for any utility line
easements to serve the development, if needed. In addition, if the road is allowed, I would request
that the City Council allow the developer to put in as narrow a road as possible and to encourage the
developer to locate it as far east on Lot 13 as possible.
Thank you for time and for considering, my concerns, and the concerns of the neighborhood on 2nd
Street West and the impacts to Peterson School.
urt Hafferman
1325 2nd Street West
Kalispell, Montana 59901
Comments toAgenda Item 4.—City Planning Board Meeting, June 1O.2003
Kurt and Kathy HGffennan
Cu�entnloi|ing@ddr��S5113mAveVVeat
Currently constructing a single family residence on Lot 14 Meridian Addition
@UbOldtH|S: Outline
Letter 0oBoard dated April nnn.2003
Owner of Lot 14 Meridian Addition, street address 1325 2 nd Street West
Primary concern is that a secondary access road through Lot 13 of Meridian Addition be denied
o. This iaupoor location for anaccess road
b. Changes the character ofthe existing neighborhood
c. Creates additional traffic in a residential neighborhood
d. Creates block length less than 18OfttOthe vveSt'ofnnyresidence which is inconsistent with
other standard Cih/ b|OChS
8. Creates traffic h8Z@nd in the immediate neighborhood of school (Peterson elementary)
f. Adding additional vehicles at the iDt8nS8CtiOD OfMeridian and 2noSt. west is adding to an
already dangerous Si1u8UOO because of Peterson OChOO|
g. 2^«St. xv8St is 8|F8@dy 8Sk8VV to Meridian and the alignment of the n]@d is not conducive to
additional traffic.
h. Only allow access at Meridian and Center. The Board cannot mitigate impacts to this
intersection and it is already pFOb|ern at peak traffic hours. The Board must immediately plan
for stoplight 8tthis iDt8[SR[tiDD but it will not have to mitigate the additional iDlp8CtS of SChOO|
crossing.
U. Ifsecondary access ianeeded;
8. |tshould follow the and conform to the existing alley onthe north boundary of my property,
south boundary Ofthe subject property, thence east orwest U3the outlet Ofthe alley.
b. This nD@d should provide emergency @CC83S only consistent with all other alleys
C. This road should besigned aeemergency access only
i. This is consistent with the secondary access road recommended by this board for the
Glacier Village Greens Phases 14 through 22
d. Utilities exist iOthe alley.
i. New utilities can follow existing alleys and stay consistent with existing utility locations
e. If a greater right of way width is needed, that could be more easily provided by the proposed
subdivision ODtheir south boundary.
Ui Board can grant avariance
a. Allow @ longer ou|-de-o8clength off OfMeridian Court
b. Allow a narrow emergency access following the existing alley
K( Board must deny proposed road through lot 13.impacts k]rDyproperty
V.
a
i Corner lots require 15 ft. setback from property line
ii | followed existing regulations and | have built to a 5 ft. setback.
iii. | may beforced to tolerate a sidewalk and n38d 5ft. from a bedroom window.
iv. The V8|UR of my lot is significantly effect and this 8CtiOO by the Board will constitute 8
taking ufnnypersonal property.
b. Board must deny Lot 13toberezoned toB-2
i | have been spot zoned into 8non-salable lot.
ii. Lot 13must remain R-4
iii. K8ylot should nBDOaiO COOfOFrOiOg
|fBoard grants the zone change
a. The ability to sell my house cannot depend on "grand -fathering" which is a whim and a chance
decision and can bechanged.
b. The access road should berequired tObeasnarrow 8Spossible,
o. The road should besigned for emergency access only and
d. The road should beplaced asfar Onthe east side of the property @apossible
e. Board [Oust require development to quit claim deed the 10ft. necessary to make my lot a
conforming lot otnocost 10me.
f. A planting screen must be require on the south property boundary as address in Subdivision
negu|ationa3.OH
COrnrneDta OO Staff Report on Subdivision Preliminary p|ot
g. Adjacent Land uses
b. Single family residence predominates all neighborhoods 1Othe south, and east
o. Should remain single family residential
i. A||Dvvs for extension of services to Serve more individuals
ii. /\||nvvs for easier access tOall district 5 schools
d. Is more consistent with the growth policy if it is developed as single family residential
e. Greater services per person
t Impacts to wetland areas of Smith Spring Creek to the west and Ashley Creek to the south west
i. Habitat tOmallard ducks, Canadian geese and other bird life
ii. Muskrat and beaver inSmith Spring Creek
Q. Impacts on natural 8OvinOnnn8nt
i. Surface water, Ashley Creek
1. Already impaired water body
2. Significant habitat to wildlife such as fox, coyote, and badgers to the west and in
the proposed development
3. There are Ol8Oy instances of high gn3uOdvv@t8r
4. Storm drains that discharge into Smith Spring Creek and Ashley creek will impact
the Cities ability to meet its discharge permit requirements further downstream
April 22.2003
Planning Cffkc8
17Second Street East, Suite 211
Kalispell, Montana 59901
Dear Planning Office,
| own alot at1325Second Street West. |orncurrently building anew house Onthat lot. |purchooed
the lot in November of 1998 and I started building the house in September of 2002. (]nWednesday, April 1O.
2003 1 was working on the house when two surveyors started surveying the lot to the east and the vacant lot to
the north. While helping them locate the pins on nnyproperty they stated that they were doing m lot and
topographic survey for adeveloper, Kirk (ap)Development and that they intended tOdevelop the property @S
commercial subdivision. They stated that they were surveying the vacant lot adjacent tomine as@naccess
road for the subdivision.
The lots on0yblock are inanF-4 Zone which includes the lot that was being surveyed as@naccess
road. It was my understanding when I purchased the lot that the subdivision to the north was plotted on the
City maps an R-4 Zone.
As I had not aware of any public notification nor had I received a notice from your office or had been
contacted by the property owner prior 1othe surveyors, | was not aware that u change in use was planned for
this lot. I wanted to use this letter to first tell you that I have built a home on my lot and to be sure that you
have rDycorrect mailing address inthe event that achange inuse iaplanned for the property.
|donot have an objection to the property owners plans for the change in use as|believe intheir
property rights but | @O7 also, as | am sure they are, protective of my property rights. But. | unn concerned
about the over all effects to an existing residential neighborhood from the access road and from the adjoining
of commercial to residential zoning.
I applied for my building permit on lots that were required to have a 5-foot set back from the property
line, which | built to. |fthe lot to the east isused aaanaccess road, itwill iDeffect make [Oyhome 3corner lot.
| believe this will create at least three Kalispell Subdivision Regulation Design Standards problems that | would
like to see addressed iDany planning.
1. In an R-4 Zone, it is my understanding that a corner lot requires a 15 ft. set back which I did not
accommodate for. | have already completed nlyconstruction. Making the lot t0the east aroad
will make my lot a non-standard corner lot.
2. City OfKalispell 8ubdivisiunReou|uUons.poge24.3.O7Blooks.(B.)itstates^Bkouk lengths shall
be not less than 300h�..."If the 8Oaccess road iSplaced on this lot, the block length from the
west boundary Ofthe road lot tOthe railroad right -of way, would b8less than 18Oft.making @
3. My garage will limit the sight distance to the west. There will bRtrucks going UlR}Ugh the
Montana Forest Products gates and local traffic using the street to access the four-way stop at
Peterson School. 2""Street West ieastreet that will require adequate sight distance tOthe east
and west.
In addition, City ofKalispell Subdivision Regulations, page 24. 3.00 Lots, (J.) states that "A planting
screen of minimum width of1Ofeet, across .........Sh8U be provided along the line of... other
disadvantageous situations, o[non-compatible USC..." | would offer that adjoining residential neighborhoods UJ
a commercial subdivision would constitute a disadvantageous situation by placing two non -compatible uses
adjacent and | would request that you require gplanting screen easement.
There are also aesthetic concerns that |arnasking for consideration onif the road ieallowed. If the
road is placed on the lot, two of my bedroom Windows will now face a street. /\aone mitigation measure, ifthe
road in placed to the farthest east side of the ![t. 8 standard 24D. road can be installed with n]Vnm for any utility
trenches or sidewalks on the west side. This would allow the least impact to my |o1 Also, the property tothe
east nfthe access road lot has been ocommercial use for over thirty years. There iaY2ofolot onthe west
side of that property that is vacant that might be considered in the road location. Aneasement could be
obtained and the nO@d further located to the east. Also, if nJ@d were allowed, | would support the planning
office allowing the developer [Oinstall @ narrower road that would bedesignated gG@Oemergency access road
It is my sincere concern that if these issues are not addressed and I am made into a non-standard
corner lot, and 1, and my neighbors, are adjoined to a commercial subdivision without mitigated measures, that
i1will affect the future sale Ofthe properties. |talso Olyconcern that having the lot changed toonaccess road
will directly effect the residential character Dfthe block. Recently |. and 8neighbor tothe south, have been
able to purchase these lots and are attempting to construct affordable housing in a residential neighborhood.
We feel that the Tri-City Planning Office would support affordable, residential development within the City limits
and xvOu|d agree that allowing an 8oCeoa rood to oornnnencia| subdivision will affect that character and
discourage other residential development.
|woUld request that the planning office develop @City Site Review Committee todO8site visit. |would
request that the Tri-City planning office work with the developer to locate a more reasonable secondary access
road than one into @ residential neighborhood. |fthe road isallowed | would request that nnyconcerns @S8
non-standard corner lot be addressed and that the road be allowed to be less than standard road width for
emergency access only and located to the east most side of the lot or partially on the adjacent vacant lot. |
would request that the planning office require a planting screen on the entire south border of the property
|VVOU|d appreciate a written response acknowledging receipt of the letter and providing me with any
information that you have OOthis proposed subdivision. Thank you for your time iOaddressing rnyconcerns
and I look forward to working with the Tri-City planning office on this issue
Respectfully
t and Kathy Hafferman
Cc: Kalispell Building Department
Kalispell Public Works Department
JUL2003 — a 2 1
LILLL C1T` CLEF
July 7, 2003
To the Honorable Mayor Pam Kennedy and the Kalispell City Council members,
I had the pleasure of serving on the 1996 Kalispell City Government review commission. The
purpose of the Study Commission is to study the existing form and powers of the local
government. After completing our thorough review the Commission unanimously recommended
that the Citizens of Kalispell adopt a self government charter which employs the commission -
manager system.
There were five members elected to serve on the Study Review Commission. Two minority
members of which I was one, encouraged the proposed self government charter but found
significant fault with the three additional recommendations contained in the majority report. I
believe that the sub -options when presented to the voters were confusing and did not reflect the
wishes of the citizens of Kalispell. If the self government charter without sub -options would
have been presented to the citizens, it is my opinion that the issue would have passed.
I encourage the Kalispell City Council to proceed with placing this issue on the ballot in
November. I believe the adoption of a charter at this time will facilitate a more productive
review of the government in 2006. Thank you for considering this letter.
Sincerely,
J/ 4CCO-Z-ZY
Sharon L. Berry
448 61h Avenue West
Kalispell, MT. 59901
257-5836