10/02/00 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, OCTOBER 2, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE
LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER
CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda. The motion was seconded by
Scarff.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting September 18, 2000
2. Approval of Claims per Payables Register-$361,906.26
Scarff moved approval of the Consent Agenda. The motion was
seconded by Larson.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Alex Hilton, political candidate, said he has spent the last
several hours taking down campaign signs after he received a phone
call from the press stating his signs were erected earlier than the
law allows. He said that's true, but other political signs were
already up and he felt his could be also. Hilton asked if a
similar problem arises again, he would like it handled better.
ORDINANCE 1364 - 2ND READING - ESTABLISHING PARK HOURS
This ordinance formally sets the opening and closing hours of City
parks for law enforcement purposes. Staff is recommending the parks
open at 6:00 a.m. and close at 11:00 p.m. Council passed Ordinance
1364 on first reading September 18th.
Larson moved second reading of Ordinance 1364, an ordinance
amending R.O. 1947, Sections 899-901 (Section 19-20 of the
Kalispell City Code), to provide for opening and closing hours of
City parks, and establishing an effective date. The motion was
seconded by Atkinson.
There was discussion.
Haarr asked if signs will be erected.
Parks Director Mike Baker said the public will be notified and
signs will be placed at each park.
The motion carried unanimously upon roll call vote.
RESOLUTION 4584 - MDOT ANNEXATION
The Montana Department of Transportation has requested annexation
of the Highway 93 corridor between the Kalispell Athletic Complex
and the Pack & Co. site south of West Reserve Drive.
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October 2, 2000
1687
Kukulski explained the annexation of the highway right-of-way was
a requirement for the Pack & Co. annexation last year. He said in
order to follow Council policy, the highway corridor needs to be
annexed to make the Pack property contiguous.
Haarr moved Resolution 4584, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, the real property described in Exhibit
"A", to be known as U.S. 93 Addition No. 296; and to declare an
effective date. The motion was seconded by Van Natta.
There was discussion.
Kukulski clarified the annexation does not include the filling
station along the corner of Highway 93 and West Reserve.
The motion carried unanimously upon roll call vote.
ORDINANCE 1365 - INITIAL ZONING OF MDOT ANNEXATION - 1ST READING
Staff recommended Council zone the highway corridor P-1, Public.
Scarff moved first reading of Ordinance 1365, an ordinance to amend
Section 27.02.010, official zoning map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property
described in Exhibit "A" (previously zoned County R-1, Suburban
Residential) to City P-1 (Public), in accordance with the City -
County Master Plan, and to provide an effective date. The motion
was seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4585 - PARK BOTTLING CO. ANNEXATION
Park Bottling Company has requested annexation of four acres
located on the south side of Kelly Road and east of Highway 93.
Leistiko moved Resolution 4585, 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 Park Bottling Addition No.
297, to zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was
seconded by Atkinson.
There was discussion.
Kenyon asked whether Park Bottling will be paying for the water and
sewer mains to the property.
Wilson said the lines already run to the property but the company
will be paying a connection fee.
The motion carried unanimously upon roll call vote.
ORDINANCE 1366 - INITIAL ZONING OF PARK BOTTLING CO. ANNEXATION -
1ST READING
Park Bottling Company is requesting a zoning designation of I-1,
Light Industrial, upon annexation into the City.
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October 2, 2000
Page 2 of 7
Van Natta moved first reading of Ordinance 1366, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell.
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property described in Exhibit °`A" (previously zoned County B-2,
General Business and County I-1, Light Industrial) to City I-1,
Light Industrial, in accordance with the City -County Master Plan,
and to provide an effective date. The motion was seconded by
Scarff.
There was discussion.
Atkinson asked if there are any provisions in the annexation
request to upgrade Kelly Road.
Narda Wilson, FRDO, answered Kelly Road is not being annexed and
there are no plans at this time for improvements.
Atkinson asked what kind of improvements are being planned for the
property.
Wilson said there will be several including the addition of fire
hydrants and landscaping.
The motion carried unanimously upon roll call vote.
STRATFORD VILLAGE PRELIMINARY PLAT APPROVAL, ANNEXATION AND INITIAL
ZONING
Apex 1, LLC has requested preliminary plat approval and annexation
of a 102-lot residential subdivision located west of South Meadows
and Ashley Park Subdivision, south of Lone Pine View Estates
Subdivision. Apex 1 is also asking for a zoning designation of R-
4, Two -Family Residential and RA-1, Low Density Residential
Apartment.
Jim Burton, Project Surveyor, stated he has gone over the Planning
Board recommendations with the developers and they have no
objection to any of the conditions placed on the project.
Public Comment
Angela Allen,1920 South Meadows, said she IS not against the
subdivision, but is opposed to a zoning designation that will allow
duplexes and apartments. She said she wants homeowners that will
invest in the neighborhood and not just people that are moving in
and out.
Paula Davey,1912 South Meadows, said she's concerned with the
increase in traffic flow through South Meadows because there are no
sidewalks and curbs and children are walking to and from the bus
stop.
Kelli Herman, 1919 Bluestone, agreed there is a need for affordable
housing in Kalispell and feels an R-3 designation would guarantee
affordable housing without having duplexes.
Ray DeLong, 310 Bismark Street, said the proposed density level for
the subdivision is too high. He said Teal Drive and Denver Avenue
are not built for a large flow of traffic.
Natalie Jones, 850 Denver Avenue, said she's also concerned with
the traffic flow and the safety of the children.
Craig Shibault,1903 Darlington, said he feels Stratford Village
will finally tie South Meadows and Ashley Park together and will
eventually add an additional access into town.
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October 2, 2000
Page 3 of 7
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Tony Hill, 121 Boise Avenue, said he's in the process of building
a house in Lonepine View Estates and feels apartments will decrease
the value of his property.
Tim Hill, 1206 6th Avenue West, said he's familiar with the traffic
in that area and an additional one to two thousand cars a day on
Denver Avenue or Teal Drive is bad planning.
Elaine Hoaglund, 2249 Canvas Back Court, said the single family
homes in the area are affordable housing and feels the existing
duplexes in the area are "unsightly".
Council Ouestions and Comments
Leistiko said he spent several hours in the neighborhood yesterday
and found everyone is concerned about the same thing, the egress
and ingress from the subdivision. He said a cul de sac is planned
for the southeast end of the subdivision and asked if there were
any plans to extend it.
Wilson said the cul de sac is temporary until Phase IV of Ashley
Park Subdivision is developed and then Teal Drive will come
together with the cul de sac and the roadways will connect.
Leistiko commented then at this time, the proposal calls for an
increase in traffic, but not an increase in exits.
Wilson said Denver Avenue was extended to this property to provide
ingress and egress, and in addition, the City owns Lot 59 which
would be an extension of Bluestone Drive to the east from South
Meadows. She said there have been roadway connections planned as
the subdivisions progress and more importantly, this subdivision
provides a connection between Sunnyside Drive and South Meadows.
Wilson reminded members that even though the plan sets aside an
area for apartments with an RA-1 zone, the developers would still
have to get a conditional use permit prior to any construction.
Leistiko said he still agrees with the homeowners who want single
family zoning to cut down on the traffic.
Atkinson said R-4 may be a higher density but South Meadows and
Ashley Park are zoned R-4. He said he's more concerned with the
separation of the duplexes and apartments. Atkinson commented it
would be better for everyone if there was a mixed use of apartments
and duplexes scattered within the subdivision.
Larson said the main concern appears to be traffic and access and
if you limit the density you will limit the traffic. He said he
feels the concerns of the residents are valid ones and the Council
should try to zone the area to provide for a lesser density.
Wilson said the reality of how these areas develop is demonstrated
by the Lone Pine and Ashley Park subdivisions, which are zoned R-4.
She said the market forces will address the density issue and the
Council needs to look at the community's needs as a whole.
Atkinson agreed, encouraging the Council to look at density as a
positive. He said if apartments are not allowed here, they will
have to go somewhere else.
Haarr said he was on the Council when South Meadows and Ashley Park
were approved and he doesn't think the intention was to have a
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October 2, 2000
Page 4 of 7
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higher use anywhere in the area. He said he feels the developers
are "trying to squeeze a little too much juice out of the orange"
and the City should zone the area R-4 and limit the number of
duplexes to 25 percent.
Neier said if the Council limits the number of duplexes, then it's
affecting the use of right on a zoned piece of property.
Boharski commented there was never a question the rest of the
property was going to be developed. He agreed it would be
unrealistic to dictate the amount of duplexes and said as far as
the apartments in the RA-1 zone, that will be reviewed by the
Council in the future. Boharski supported the zoning recommendation
submitted by the Planning Board.
Counsell stated he feels the development would be zoned
appropriately with an R-4 designation. He said he's comfortable
with the RA-1 zoning for Phase III because the apartments will
require a conditional use permit from the Council.
Larson said he's now convinced to support the R-4 designation, but
he's still opposed to the RA-1. He said if it passes this stage,
history shows the conditional use permit will be approved in the
future.
Van Natta said he feels there is a need for apartments in
Kalispell, but agreed to support a designation of R-4 for the
entire plat at this time.
RESOLUTION 4586 - PRELIMINARY PLAT APPROVAL - STRATFORD VILLAGE
Larson moved Resolution 4586, a resolution conditionally approving
the Preliminary Plat of Stratford Village Subdivision, as more
particularly described in Exhibit "A". The motion was seconded by
Haarr.
There was no further discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4587 - STRATFORD VILLAGE ANNEXATION
Scarff moved Resolution 4587, 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 Stratford Village Addition
No. 298, to zone said property in accordance with the Kalispell
Zoning Ordinance, and to declare an effective date. The motion was
seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1367 - INITIAL ZONING OF STRATFORD VILLAGE - 1ST READING
Leistiko moved first reading of Ordinance 1367, an ordinance to
amend Section 17.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property described in Exhibit "A" (previously zoned County SAG-10,
Suburban Agricultural) to City R-4 (Two Family Residential) and RA-
1, Low Density Residential Apartment) , in accordance with the City -
County Master Plan, and to provide an effective date.
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October 2, 2000
Page 5 of 7
1691
Larson moved an amendment to Ordinance 1367 by striking all
references to RA-1, Low Density Residential Apartment. The motion
was seconded by Scarff.
There was discussion.
The amendment carried with Atkinson, Counsell and Boharski voting
against.
The motion as amended carried unanimously upon roll call vote.
ORDINANCE 1368 - ZONING TEXT AMENDMENT - EXPANSION OF NONCONFORMING
USES - 1ST READING
Currently, the Kalispell Zoning Ordinance does not allow any
changes to be made to a nonconforming use other than routine
maintenance. Staff has recommended, and the Planning Board has
voted in favor of, amending the ordinance to allow minor expansions
and alterations of a nonconforming use as long as a permit is
obtained.
Haarr moved first reading of Ordinance 1368, an ordinance amending
Sections 27.25.020 and 27.25.030 of the Kalispell Zoning Ordinance,
(Ordinance No. 1175), by amending the nonconforming lots, uses and
structures regulation to allow for minor expansions to a
nonconforming use, and declaring an effective date. The motion was
seconded by Scarff.
There was discussion.
Haarr commented this amendment is long overdue and will take some
of the load off of the Board of Adjustment.
The motion carried unanimously upon roll call vote.
JOBS NOW REQUEST FOR CITY HEALTH INSURANCE
Jobs Now is requesting its employees be allowed to participate in
the City's health insurance plan. Jobs Now would pay the full cost
of the premiums with participation beginning November 1st.
Larson moved the City allow employees of Jobs Now to participate in
the City's Health Plan. The motion was seconded by Scarff.
There was discussion.
Boharski questioned why Jobs Now has come to the City and not the
County.
Kukulski said he would guess the City's benefits are better and
explained Jobs Now will be paying the premiums.
Boharski said he's concerned that by providing insurance, it gives
the impression that the City has more control over Jobs Now than
the other entities it serves, whether it does or not. He said he
feels it sets a dangerous precedent.
Neier said the legislature has given cities this option and he
doesn't see it as anything but an accommodation.
Atkinson said the precedent has already been set with the County
providing health insurance to employees of FRDO and the City -County
Health Department. He commented if the County has more "pull" with
those agencies, then so be it if the City gets more "pull" with
Jobs Now.
Kalispell City Council Minutes
October 2, 2000
Page 6 of 7
1692
Haarr said that' s why he would prefer they ask the County since the
County already is doing it for other agencies. He said if health
insurance is provided to Jobs Now, others could come to the City
with the same request.
Larson stated he doesn't see anything negative about the proposal
and said new employees shouldn't have to go through a bargaining
process.
The motion carried upon vote with Haarr, Leistiko and Boharski
voting against.
TECHNICAL ADVISORY COMMITTEE APPOINTMENT
Boharski explained five people have requested an appointment to the
TAC board; Cole Hillstead, Wayne Jensen, Jean Johnson, Brad Mercord
and John Schwarze. Boharski recommended Wayne Jensen be appointed
to the Technical Advisory Committee.
Haarr moved the Council approve the Mayor's recommendation to
appoint Wayne Jensen to the Technical Advisory Committee. The
motion was seconded by Larson.
There was no discussion
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORT
Kukulski announced that the grand opening for the new Smith's store
is scheduled for this Wednesday starting at 8:00 a.m.
Kukulski said there will not be a work session next week and
reminded members that the Montana League of Cities and Towns
convention starts Wednesday, October llth.
Leistiko questioned Parks Director Mike Baker on the progress of
discouraging traffic at the City airport.
Baker said locks have been placed on several gates and nine
additional signs have been erected.
ADJOURN
The meeting was adjourned at 9:30 p.m.
ATTEST:
Theresa White
City Clerk
Approved October 16, 2000
Wm. E. Boharski
Mayor
1
Kalispell City Council Minutes
October 2, 2000
Page 7 of 8
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16 9 3
02200
BY--- --------------
September 30, 2000
436 Fifth Ave. West
Kalispell, MT 59901
City Council Clerk
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Dear Council Members:
I have no objection to higher water and sewer rates. Kalispell's rates are very
reasonable, when compared to surrounding communities, and we have seen the problem
in cities like Whitefish, that failed to keep rates current.
However I would request that the city go to monthly billing. My bimonthly water
and sewer bills are presently the highest of my utility bills, and this increase would put
them beyond the point I could pay the bill without waiting until payday.
Yours truly,
/ice( //IV///
Rick Hull
1694
Dan Zorn
Assistant Superintendent
Or '51-3444 • zorndesd5.k12.mt.us
KALISPELL PUBLIC SCHOOLS
Our Kids 9 Our Future
Main Office
233 First Avenue East • Kalispell, MT 59901
406-751-3400 S F
406-751-3416
Gary Rose
Director - Maintenance and Transportation
(406) 751-3400 • roseg@sd5.kl2.mt.us
a
Todd Watkins X Verne Reed
Director - Business Services Harry Amend a Superintendent Director - Special Education/Federal Programs
(406) 751-3412 . watkinst®sd5.k12.mt.us (406) 751-3434 • amendh@sd5.k12.mt.us (406) 751-3408 • reedv0sd5.k12.mt.us
October 4, 2000
City Council
C/O: City Clerk
City of Kalispell
P.O Box 1997
Kalispell, MT 59901
Re: Notice of Proposed Rate Increase
To the Honorable City Council:
iu19CG1W1i W"r
�Q O CT 10 2000
BY:- «_...--
The Board of Trustees of School District No. 5 and Flathead High School is asking the
City Council to delay implementation of the proposed rate increase for City services until
July 1, 2001.
The School District's budget has been set for the period July 1, 2000 through June 30,
2001 and can not be renewed until July 1, 2001. Because the proposed rate increase is
being proposed in the middle of the District's fiscal year an unplanned financial burden
will be created which could negatively affect the instructional programs of the District
through program budget adjustments.
Given these reasons, we ask that the City Council delay implementation of the rate
increase until July 1, 2001.
We appreciate your consideration and trust you will give full consideration to our request.
S' erely, t ��
��
Harry Amend, Superintendent of Schools
School District No. 5 and Flathead High School District
233 ls` Avenue East
Kalispell, MT 59901
Cc: Todd Watkins, Business Manager
1
1695
1
1
1
10/13/00
City of Kalispell
P.O. Box 1997
Kalispell MT 59903
Dear Sirs:
OCT 16 2000 3
Y. �.
I am writing concerning your last letter entitled "NOTICE OF PROPOSED
RATE INCREASE"
I currently have a well on my property and do not use city water. As a
widow and the only one living in my house, I use very little water that goes
into the sewer. My house sits on one acre of land and during the summer and
fall I water all my plants and trees. 95 percent of my water use in the
summer and fall is for watering my plants. None of this water goes down
the sewer. During the winter I do not water.
I object to having a water meter on my well. I am requesting a flat rate
charge for sewer usage since my sewer usage remains the same throughout
the year. Please contact me so we can discuss this matter.
I also object to the proposed increased rates of the sewer utility. Due to
Illness I cannot attend the Public Hearing on October 16, 2000.
Sincerely,
Judy Evenson
1385 Highway 93 North
Kalispell MT 5990Y
406-752-0612