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09/03/02 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, SEPTEMBER 3, 2002, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS DON COUNSELL, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, FinanceDirectorAmy Robertson, Fire Chief Rangy Brodehl, Police Chief Frank Garner, Public Works Director Jim Hansz and Tri-City Senior Planner Narda Wilson. Mayor Kennedy introduced Rosemary Till, an 8th grader at Cayuse Prairie School who is working toward her Girl Scout Silver Badge by helping to run the meeting this evening. Till called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Kenyon moved approval of the Agenda. The motionwas seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting August 19, 2002 2. Award Bid - Water Meters Bids were received from Metron-Farnier and Hughes Supply for single jet water meters to replace existing worn and malfunctioning conventional meters. The bid from Hughes Supply was determined to be non -responsive and staff is recommending the contract be awarded to Metron-Farnier in the amount of $320,385.00. 3. Approve Contract - Kalispell Utility Rate Study (Moved to Agenda Item D/6) Staff is requesting Council approve a contract with Economic and Engineering Services, Inc. to perform comprehensive rate studies for water, sewer and storm drainage in the amount of $77,593.00. 4. Police Officer Confirmation - Anthony McDonnell Officer McDonnell has successfully completed his one year Kalispell City Council Minutes.' September 3, 2002 Page 1 probationaryperiod with the Kalispell Police Department and Council confirmation is required. 5. Council Recognition - Police Promotions As a result of recent retirements, Greg Burns has been named Detective Lieutenant, and Officers John Ortiz and Jim Brenden were promoted to Sergeant of Patrol. 6. Proclamation - Fetal Alcohol Syndrome Awareness Day - September 9, 2002 Hafferman moved approval of the Consent Agenda. The motion was seconded. Larson moved to amend the Consent Agenda by removing item #3, the Contract Approval for the Kalispell Utility Rate Study, and placing it as Agenda Item D/6. The motion was seconded. The amendment carried unanimously upon vote. The motion as amended carried unanimously upon vote. STUDENT ISSUES None HEAR THE PUBLIC. Mayre Flowers, Citizens for a Better Flathead, said she's concerned with recent discussions concerning an eastside bypass when the westside bypass is on record as being the preferred route. She handed members a document entitled "History of Decisions and Funding Options Regarding the Proposed LaSalle Road Extension and the Eastside Bypass." (Document is attached and by this reference is made a part of the official record) Jon Cuthbertson, 215 West Montana Street, spoke in favor of Agenda Item D/3 and Ordinance 1438, said he has a contract with the Duefler's to purchase the property. He said the original request was for a zoning designation of B-2, but he would be just as happy with a zoning designation of R-5. RESOLUTION 4739 - ANNEXATION REQUEST - WILLIS Debbie Willis is requesting annexation of approximately one acre of land located on the south side of Sunnyside Drive and the west side of Denver Avenue. Kalispell City Council Minutes - September 3„ 2002. Page 2 Larson moved Resolution 4739, 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 in Exhibit "A", to be known as,Willis Addition. No. 317; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Hafferman commented he will vote against the annexation because an extension of services plan has not been provided and there is no information on whether Denver Avenue will remain a private road when extended. Kukulski answered an extension of services plan for this annexation is not legally required, however, an impact analysis will be provided for future annexations. Wilson commented even though it's a private road, Denver Avenue is being maintained by the City now and the road is slated to become a City street in the future. When questioned why the developer is not being required to install curbs and gutters, Wilson responded that by requiring curbs and gutters at this time, it would result in a piecemeal approach to the problem. She said the City has a provision for future upgrades by requiring a waiver of an SID on the plat. Kenyon asked Harball to comment on a recent Attorney General's opinion which states the Council does not have the authority to make zone changes without a growth policy plan in place. Harball said the opinion issued is a draft and even though it appears the "writing is on the wall", he feels the City needs to move forward as usual until a final opinion is issued. The motion carried upon roll call vote with Counsell, Kenyon, Larson, Leistiko, Peters and Mayor Kennedy voting in favor, and Hafferman and Olson voting against. ORDINANCE 1437 - INITIAL ZONING - WILLIS - 1ST READING Willis is requesting an initial zoning designation of R-4, Two Family Residential, upon annexation of the above described property. Kalispell'. City Council Minutes September 3, 2002 Page 3 Larson moved first reading of Ordinance No. 1437, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning :real property described as Assessor's Tract 7B located in Section`19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R-4 (Two Family Residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Counsell, Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman abstaining. ORDINANCE 1438 - ZONE CHANGE - DEULFER - 1ST READING Roy, Michaeli and Amanda Duelfer requested the zoning for 1.69 acres located at the northwest corner of Three Mile Drive and North Meridian Road be changed from R-3, Residential, to B-2, General Business. The Planning Board, during its meeting of August 13, 2002, voted four to one to recommend the property be rezoned as R- 5, Residential/Professional Office. Peters moved first reading of Ordinance 1438, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning real property, described as a portion of Lot 20, Block 1, Northwest Tracts located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned City R-3, Residential) to City R- 5 (Residential/Professional Office) in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded. Hafferman questioned why the Council is voting on an R-5 designation without an amended application from the Deufler's. He said he's in favor of the B-2 zoning because this is a very busy intersection and he doesn't feel the area is conducive to a residential development with small children. Wilson said staff, after evaluating the proposal, found that the North Meridian Neighborhood Plan designates this area as High Density Residential and the proposed General Commercial designation wouldn't comply with the neighborhood plan. she said the developer intends to build a professional office on the site and the R-5 zoning would accommodate his needs. Kalispell City -Council-Minutes September 3, 2002. Page:4- - The motion carried upon roll call vote with Counsell, Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. CONDITIONAL USE PERMIT - NORTHRIDGE LUTHERAN CHURCH Northridge Lutheran Church is requesting a conditional use permit to expand the existing church by 11,361 square feet. Mayor Kennedy and Larson disclosed they are members of the Church but are not involved in the expansion. Counsell stated his architectural company is designing the project and he will abstain from the discussion and the vote. Leistiko moved approval of the Conditional Use Permit for Northridge Lutheran Church with attached conditions. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Counsell, Hafferman, Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Counsell abstaining. RESOLUTION 4740 - RECONSIDERATION OF POLICY STATEMENTS MASTER PLAN - WEST VIEW ESTATES Mark Owens, dba LBO Limited Partnership, has redesigned the proposed development plans for West View Estates in response to issues raised by neighbors, the Planning Board and the City Council. Larson moved Resolution 4740, a resolution amending the adoption of a recommended amendment to the Kalispell City -County Master Plan. The motion was seconded. Hafferman said as he stated at an earlier meeting, he believes he was in error when he voted in favor of the 100 foot setback along West Reserve Drive between the roadway and the development. He said setbacks and plan details should not be part of a master plan amendment, but should instead be addressed during the annexation process. Hafferman said he will vote in favor of the resolution, but he believes the procedure is wrong. Wilson outlined the major changes in the proposal. Kalispell City Council Minutes. September 3, 2002 Page. 5 The motion carried unanimously upon roll call vote. CONTRACT APPROVAL - KALISPELL UTILITY RATE STUDY '(Moved from.the Consent Agenda) Larson moved Council approve the contract with Economic and Engineering Services of Bellevue, Washington in the amount of $77,593.00 to perform comprehensive rate studies. The motion was seconded. Kukulski and Hansz outlined the procedure. Hafferman said he has several questions for the consultants concerning the rate study and he provided members with written comments and concerns. (Memo is attached and by this reference is made a part of the official record) Kukulski assured Hafferman and the other Council members that meetings will be scheduled with the consultants to answer any questions they may have. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski announced the Parks and Recreation Office is in its new location at 35 1st Avenue East. Chief Brodehl invited everyone to a 9-1-1 Memorial Service in front of the Fire Department starting at 7:45 September,lith. ADJOURN The meeting was adjourned at 8:18 p.m. ATTEST: Theresa white City Clerk Approved September 16, 2002 Kalispell City Council Minutes ,September 3, 2002 Page 6 A History of Decisions and Funding Options Regarding the Proposed LaSalle Road Extension and the "Eastside Bypass" compiled by Citizens For A Better Flathead 9-02, Documentation Attached Background: The "Eastside Bypass" has received considerable attention over the past ten years, but it still remains a lower priority to other road improvement projects currently in line for funding ahead of it. The "Eastside Bypass" includes a proposed 3/4-mile new road connection, including a bridge across Spring Creek and a wetland area. Along with Willow Glen and Conrad roads, it would form a de facto bypass from two of Flathead Valley's busiest highways beginning at U.S. 2 and Montana 35 and continuing south on Conrad and Willow Glen to U.S. 93 just south of Kalispell. In 1994 it was rejected as a suitable bypass alternative and remains classified as minor arterial in the Kalispell Transportation Plan. 1984 The City of Kalispell approves an Urban System Priority List developed by the Technical Advisory Committee (TAC) identifying what was then called the Evergreen Extension as the fourth priority for development and funding behind the Meridian Road to US 93, Main and Idaho Intersection, and US 93 South (121" Street to Kelly Road). Exh. #1 1993 The proposed extension is included in the 1993 Kalispell Area Transportation Plan. It is now identified as the LaSalle Road Extension. It is ranked as fourth on a list of five priorities. The first three priorities were Meridian Road between Idaho Street and US 93 North, Whitefish Stage Road between Oregon Street and Reserve Drive and Willow Glen Drive from US 93 to Conrad drive. This third priority to upgrade Willow Glen is cited repeatedly in later studies as necessary to ensure the safety of this road Prior to the building of the LaSalle Road Extension. Exh. #2 10/1993 The Kalispell Bypass Feasibility Study considered in Alternative C the viability of the LaSalle -Road Extension. Alternative C was eliminated due to "potential environmental imnacts and because it did safety. 'Exb.#3 This study recommends improvements to Willow Glen Drive and Woodland Ave and Conrad Drive prior to an extension of the LaSalle Road. Exh.#4. The recommendations of this study were conditional on the findings of the US 93 Environmental hnpact Study. 1/1994 Some county and state officials raise issue of LaSalle Extension again and seek to have it given priority over rebuild of North Meridian. Exh. #5 Priorities are not changed. 3/1994 Engineering consultants, Carter and Burgess ran additional tests comparing the LaSalle Extension and improvements to North Meridian. They find that "little diversion of traffic would occur from the critical Main and Idaho intersection with construction of either North Meridian or the LaSalle Extension." They note however, " substantial increases in traffic would be expected on "Willow Glen and Conrad Drives with the extension of LaSalle, requiring safety improvements to these roads related to driveway and intersecting street sight distance, shoulder improvements for vehicular and pedestrian safety" They recommend these improvements be made prior to the LaSalle extension. Exh. #7 (Portions of Willow Glen are less than 40 feet wide and the road fails to currently meet assumed bypass cross sections as recommended. Exh. #6) They also note the importance of extensive environmental analysis of the likely wetland and other natural resource impacts on this new road alignment. 9/1994 The Final EIS for US 93 (Somers to Whitefish West) is adopted and the West Side Bypass is chosen as the preferred alternative of record. Alternative Cl which is the same as the so called East Side Bypass was rejected. The study found " The alternative is not considered reasonable because of its substantial socioeconomic and wetland impacts." Exh. #8 9/1994 The West Side Bypass is officially recognized as the preferred alternative over seven other options considered in the EIS for US 93. Exh. #9 v 10/1998 Hearings are held on the Lincoln Master Amendment covering approximately 135 acres through which the major portion of the LaSalle Extension would run when built. The planning board recommends denial. Exh. # 10 The state Department of Environmental Ouahty. the Flathead County Conservation District the Montana Department of Fish. Wildlife and Parks and the Flathead Basin Commission all go on records with significant concerns for the environmentally sensitive nature of this area. Approximately 80 people testify. A clear majority is opposed to the master plan change. Exh.#10 1/1999 Plans for the West Side Bypass are put on file at the county court house. They include some changes to the connection with US 93 on both the northern and southern end. Exh. #11. 1/99 Kalispell Chamber host luncheon promoting the Willow Glen/LaSalle Road Extension, Exh.#12 2/99 Lincoln Master Amendment approved for aumoximately 135 acres through which the maior nortion of the LaSalle Extension would run when built. This Master Plan amendment changes this property from open space and suburban residential commercial to resort commercial in order that " the property may be developed for such uses as hotels/motels, truck stops, townhouses, recreational activity, offices, RV sites, fraternal lodges, golf clubhouses, convenience stores, laundromats, banks, travel agencies and others" according to resolution No. 790M by the Flathead County Commissioners. Exh. #13 4/1999 The Montana Department of Transportation (MDOT) goes on record regarding the Eastside Bypasswith a letter concluding that they "would not financially support any effort to construct this route as a bypass.. Exh. #3 This letter details the limited options available for funding for this project. In this regard it notes that special congressional allocations are generally discouraged by both the Montana Transportation Commission and MDOT. 5/2000 Residents from the area of the Eastside Bypass along with Citizens For A Better Flathead hosts a neighborhood meeting with a national consultant and transportation planner Dan Burden and the Montana Department of Transportation. The neighbors raise concerns regarding safety, design features and the public process that will be followed to address these. Dennis Foy of MDOT assures residents that a full public process will be conducted and that the LaSalle Extension will not be built with out an open process to address residents' concerns. He affirms that the extension will not be built until these issues are addressed. 8/2002 At the request of numerous groups participating in the Kalispell Development Coalition including Flathead Business and Industry, the Kalispell Chamber of Commerce, the. City of Kalispell and others Senator Baucus secures 2.5 million to help with the development of the Westside Bypass of record. Exh. #15 8/2002 Flathead Business and Industry meets with the county commissioners and gets support to seek congressional funding from the Montana delegation for the e-side bypass. The commissioners suggest that they can avoid the need for a lengthy state review and public process by getting congressional funds directly to the county so the county could simply build the road. Commissioner Gipe endorses this action despite owning property that could benefit from this action. Exh.#16. 8/2002 Phone conversations by Citizens For A Better Flathead with MDOT confirms that there has never been a case of a congressional delegation securing earmarked project money that went directly to a county. All such funds go directly to the state and would be, as is the case with all MDOT projects, subject to a full public process, review and consideration of established priorities and safety needs. COMMENTS ON UTILITY RATE STUDY 6YA� :-:1 To facilitate the discussions during Task 1-Project Meeting with the Council, the comments following are some my concerns. I cannot determine, but it appears, the Rate Study may be going beyond the present system trying to project a rate due to growth. Likewise, I cannot determine if our present efficiency of operation will be addressed, i.e., overhead costs distributed according to services rendered. Basically, I cannot determine if the study is based on PROVIDING A RATE THAT WILL MAINTAIN THE QUALITY OF OUR PRESENT SYSTEM IN PERPETUITY, Article L Scope of Services , What engineering services are required and why? I assume this relates to replacement costs due to year life not design features. Section I - Detailed Scope of Services Section 1.1 Systems Development Charges (SDC's) a. Is this related to City Codes 23-28, 23 31 (EPA mandate)and 23-40? b. Is this a review to see that all rules, laws, and Standards for Design and Construction. and Extension of Services regulations are being followed? Section I.3 Detailed Description of Proposed Scope of Sen ices Task 3 "The City's performance will be compared to other Montana utilities, and other comparable utilities across the U.S." This should not be a factor because the consultant, unless intimately involved, cannot have adequate knowledge of all the multitude of factors affecting costs. STICK WITH THE CITY OF KALISPELL. Comparisons are too often meaningless and VERY often are picked and chosen to support an agenda. Task S 1. I assume this analysis is related to the EXISTING SYSTEM. Improvements due to growth is a whole separate issue from the current rate study, 2. In Step 2 it is assumed the 5 year plan will include costs to present rate payers for debt service charges to pay off past credit card (bonds) purchases. 3. In Step 3 it appears the study may be dealing too much with FUTURE growth. What are the problems with today's systems. Funding sources should only be a brief paragraph, at most. Task 8 A thorough explanation during the Task I meeting may suffice. Distribution costs of oversizing is needed. Cost addressing growth would go beyond the rates required for the present system (see Summary above).