10/20/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, OCTOBER 20, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, DCJANE LARSON,
FRED LEISTIKO, HANK OLSON AND TED POLER WERE PRESENT. COUNCIL
MEMBER JAYSON PETERS WAS ABSENT.
Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz,
Community Development Director Susan Moyer, Parks and Recreation Director Mike Baker and Tri-
City Planning Director Tom Jentz.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Atkinson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular ar Meeting October 6. 2003
2. Pledged Securities as of September 30, 2003
3. Ordinance 1481 — Initial Zoning. — River Glen Subdivision — 2nd Readin
4. Proclamation — Red Ribbon Week
Leistiko moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
C. STUDENT ISSUES
Jessie Lawlum, member of STAND, said in honor of Red Ribbon Week students have decorated
Main Street with red ribbons and on Wednesday there will be a youth raIIy.
Kate Reese, Youth Advisory Council Mayor, gave Council an update on youth council activities,
Kalispell City Council Minutes
October 20, 2003
Page 1
D. HEAR THE PUBLIC
Don Garberg, 129 Bing Court, said the Kalispell Business Owners Association formed a committee
in September to review the City Charter. He said the results of a poll taken by committee members
shows that 91 % of KBOA members are opposed to the charter at this time, stating they feel there was
not enough citizen participation.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/I. CONDITIONAL USE PERMIT DENIAL — CHARLES E. KELLER
The City Council at its regular meeting October 6th denied a request from Charles Keller to construct
a four -unit residential cluster at the southeast corner of Grandview Drive and Highway 93. The
Council must adopt findings of fact in conjunction with the denial of the conditional use permit.
Leistiko moved to adopt the findings supporting the denial of CUP permit KCUP-03-4 for a
four -unit cluster housing project. The motion was seconded.
Hafferman stated it appeared to him at the last meeting that most of the Council agreed that the four-
plex proposal was a good project, but the thirty foot access in lieu of sixty foot was the main
problem. Hafferman said he doesn't have a concern with a thirty foot access providing that it's
satisfactory with the property owners adjoining the right-of-way. He said he also understood the
developer wanted some sort of assurance that if the right-of-way issue could be settled, the Council
would go along with the four-plex. Hafferman stated if the Council simply denies the conditional
use permit, the developer has to start at the beginning of the process again.
Hafferman moved that Council rescind its denial of the conditional use permit and give the
developer an opportunity to work out the access problem with the adjoining property owners,
providing the width of the right-of-way is at least thirty feet and providing the developer
provides written agreements with the adjoining property owners that they agree, or if the
developer signs an agreement to purchase one of the lots that the remaining property owner is
made whole due to making that a corner lot.
Mayor Kennedy pointed out there is already a motion on the floor to accept the findings of fact
upholding the permit denial and that motion has to be voted on first prior to a new motion.
Olson said he agrees the Council didn't think the denial through and asked for some help on how the
Council can "clean this up".
Kukulski said in hindsight it would have been preferable to have an approval with a sixty foot right-
of-way condition. He said the easiest way to handle the situation is to have the motion on the floor
fail and start over with a new motion.
Olson said he feels Hafferman brought up some valid points and he would like to see the Council
deny the denial and get back to the root of the proposal.
Kalispell City Council Minutes
October 20, 2003
Page 2
Atkinson said he supports the motion on the floor. He said the Planning Board recommended
approval of the permit with a thirty foot easement, even though a sixty foot right-of-way is the
normal requirement. He said at the last meeting the Council felt a denial would require the applicant
to go back to the drawing board and develop the project correctly with the City standard of a sixty
foot road.
Leistiko asked if it would save the developer time and money if the Council denies the denial and
change the conditional use permit.
Jentz stated by approving the permit with conditions, you at least give the developer some hope for
the project. He said by outright denying the permit, the developer would have to start over from the
beginning once he works out the access problem. Jentz explained the Council could vote against the
denial and then direct staff to bring the pen it back before the Council in two weeks. He said a
conditional permit is valid for eighteen months which should give the developer plenty of time to
meet any conditions the Council requires.
Atkinson said given that information, he feels the Council should vote against the denial and direct
staff to bring the permit back before the Council, which he would like to see include a sixty foot
right-of-way requirement.
The motion failed unanimously upon vote.
Hafferman moved that Council rescind its denial of the conditional use permit and give the
developer an opportunity to work out the access problem with the adjoining property owners,
providing the width of the right-of-way is at least thirty feet and providing the developer
provides written agreements with the adjoining property owners that they agree, or if the
developer signs an agreement to purchase one of the lots that the remaining property owner is
made whole due to making that a corner lot.
Mayor Kennedy said at this point the Council simply needs to rescind its decision to deny the
conditional use permit and not make any changes at this time. She asked Hafferman if he would like
to make a motion simply rescinding the denial.
Hafferman said he made the motion he wanted to.
There was no second to Hafferman's motion.
Olson moved to rescind the October 6th motion to deny the conditional use permit for Charles
Keller. The motion was seconded.
Leistiko asked if the motion should include a directive that staff bring the conditional use
permit back before the Council in two weeks.
Olson agreed to the friendly amendment. The second concurred.
Kalispell City Council Minutes
October 20, 2003
Page 3
The motion carried unanimously upon vote.
E/2. FINAL PLAT — MEADOW CREEK SUBDIVISION
This is a request for final plat approval of Meadow Creek Subdivision, a residential subdivision with
nine duplex townhouse lots on approximately one and a half acres of land located on the southwest
corner of 8th Street West and 12th Avenue West.
Leistiko moved to accept the subdivision improvement agreement and approve the final plat
for Meadow Creek Subdivision with the conditions specified. The motion was seconded.
Jentz explained preliminary plat approval for this subdivision was granted by the Council on March
6, 2000, He said a one year extension was granted earlier this year and the developer is now asking
for final plat approval. Jentz said a cash -in -lieu ofparkland check in the amount of $5,400 has been
submitted along with a subdivision improvement agreement to address the completion of several
minor improvements.
Olson commented that once again there are no sidewalks required. He said the Council has an
obligation to take care of the people of Kalispell and members are not doing that when sidewalks are
not required. Olson said the City is full of areas without sidewalks and he needs the Council's help
to change that.
Jentz explained that this particular project does include sidewalks and he thinks Olson may be
talking about the next agenda item.
The motion carried unanimously upon roll call vote.
E13. RESOLUTION 4839 — PRELIMINARY PLAT — WESTERN PINES SUBDIVISION
Ron Kelly has requested preliminary plat approval of Western Pines Subdivision, a four -lot
townhouse subdivision lying between 7th Avenue West and Western Drive in the southwest corner
of Kalispell.
Hafferman announced he will be abstaining from the discussion and vote because he was the
engineer for Kelly on the installation of the water and sewer for this project.
Leistiko moved Resolution 4839, a resolution conditionally approving the preliminary plat of
Western Pines Subdivision, more particularly described as the re -subdivision of Lots I and 2
of Western Pines, a re -subdivision of Lot 5 of Western Acres, in the SE4 SW4 of Section 18,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was
seconded.
Jentz gave a staff report explaining the applicant submitted and received preliminary plat approval
for this project in May, 1995, but unfortunately he failed to file the final plat. He said because final
plat approval was never received, the applicant has to come before the Council again.
Kalispell City Council Minutes
October 20, 2003
Page 4
The motion carried upon roll call vote with Atkinson, Kenyon, Larson, Leistiko, Olson, Poler
and Mayor Kennedy voting in favor, and Hafferman abstaining.
E/4. RESOLUTION 4840 — POLICE DEPARTMENT D.A.R.E. VEHICLE LEASE
Resolution 4840 allows staff to use a Chrysler PT Cruiser automobile for the D.A.R.E. program.
Kenyon moved Resolution 4840, a resolution accepting donations for discounted lease
payments for use of a motor vehicle by the D.A.R.E. instructor, providing budget authority for
lease payments and other necessary expenses for the vehicle, and declaring an effective date.
The motion was seconded.
Garner commended Officer Michelle O'Neil for her work in obtaining the vehicle at no cost to the
City and thanked local parents groups and Ronan Auto Body for their generous donations.
The motion carried unanimously upon roll call vote.
E/5. RESOLUTION 4841— DISPOSAL OF FOUND AND UNCLAIMED PROPERTY
Staff has requested that instead of selling unclaimed bicycles at auction, they be donated to local
service organizations.
Atkinson moved Resolution 4841, a resolution to establish a procedure for the disposition of
found and unclaimed personal property held by the City of Kalispell. The motion was
seconded.
Kukulski gave a brief staff report.
Atkinson said he has already been contacted by the Glacier Kiwanis Club who are very interested in
the program.
The motion carried unanimously upon roll call vote.
E/6. ORDINANCE 1482 — CITY SNOW PLOWING POLICY — 1ST READING
Leistiko moved first reading of Ordinance 1482, an ordinance amending Chapter 17, Motor
Vehicle and Traffic, Kalispell Municipal Code, by amending Ordinance No. 1272; and
amending Chapter 24, Streets and Sidewalks, Kalispell Municipal Code, by amending
Ordinance No. 1273; authorizing the City Attorney to recodify Chapters 17 and 24, Kalispell
Municipal Code, in accordance with this ordinance; and declaring an effective date. The
motion was seconded.
Kukulski explained the current snow policy requires parking on even -numbered sides of the street on
even -numbered days and vice versa on odd -numbered days. He said that system has not worked very
well and staff is asking that the old system be reinstated, in other words clearing avenues in central
Kalispell on Sunday, Monday, Wednesday, and Friday, and the streets on Tuesday, Thursday and
Saturday.
Kalispell City Council Minutes
October 20, 2003
Page 5
Leistiko asked how this information is going to be presented to the public.
Kukulski said staff will post the snow policy on the website and in the quarterly newsletter.
Olson suggested also sending it out with the water and sewer bills.
Poler asked what the snow removal policy is for sidewalks.
Kukulski explained sidewalks are the responsibility of the adjoining property owner.
The motion carried unanimously upon roll call vote.
F. MAYORICOUNCIL/CITY MANAGER'S REPORTS
Olson commented instead of always accepting cash -in -lieu of parkland on subdivisions, the Council
and the Planning Board needs to consider future generations and the depletion of green space in the
City. He said he would like to stop the practice of accepting cash -in -lieu of parkland.
H. ADJOURN
The meeting was adjourned at 8:07 p.m.
ATTEST:
Theresa White
City Clerk
Approved November 3, 2003
Pamela B. Kenne"
Mayor
Kalispell City Council Minutes
October 20, 2003
Page 6