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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 Kalispell City Council Minutes 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. Kalispell City Council Minutes July 7, 2003 Page 2 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. Kalispell City Council Minutes July 7, 2003 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. Kalispell City Council Minutes July 7, 2003 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. Kalispell City Council Minutes 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. Kalispell City Council Minutes 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. Kalispell City Council Minutes 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 Kalispell City Council Minutes 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, Kalispell City Council Minutes 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. Kalispell City Council Minutes 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