12/02/02 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, DECEMBER 2, 2002, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY KENYON,
DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE
PRESENT.
Also present: City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy
Robertson, Public Works Director Jim Hansz, Police Chief Frank Garner, Parks 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
Peters moved approval of the Agenda. The motion was seconded.
Leistiko moved to remove Agenda item E/4 —Ordinance 1442 - PUD Amendment for Mountain
View LP. The motion was seconded.
There was no discussion.
The amendment carried unanimously upon vote with all members present.
The motion as amended carried unanimously upon vote with all members present.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting November 18, 2002
Larson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with all members present.
STUDENT ISSUES
None
HEAR THE PUBLIC
Spoke in support of Agenda item E/1 — Ordinance 1440 — Initial Zoning for Glacier Village Greens
Phase XTT
Erica Wirtala, representing Sands Surveying and Owl Corporation.
Spoke in support of Agenda items E/2 and E/3 — Makloski Annexation and Zoning Request
Ken Makloski, 2470 Highway 93 South.
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Spoke in support of Agenda item E/11- Asking for Removal of Third and Fourth Avenues East from
the Federal Urban Highway System
Dan Savage, 1305 3rd Avenue East.
Joanne Nieman, 735 4th Avenue East.
John Hinchey, 534 4th Avenue East.
Spoke in support of Agenda item E/12 — Valley Victory Church Request to Connect to Evergreen
Sewer System
Ben Baker, 515 East Cottonwood Drive.
Lance Junj ak, 427 West Colorado, referring to Agenda item E/5 — Conditional Use Permit — Bukacek
Church, asked the Council to require a buffer zone, like a fence, between the church and his property.
He also questioned whether the "healing room" falls under the conditional permit or should be located
in a commercial district.
ORDINANCE 1440 - INITIAL ZONING — GLACIER VILLAGE GREENS PHASE XII
Owl Corporation is requesting an initial zoning designation of R-4, Two Family Residential for
Glacier Village Greens Phase 12 located on the north side of Ritzman Lane between Palmer Drive and
E. Nicklaus Drive. Ordinance 1440 passed on first reading November 18.
Leistiko moved second reading of Ordinance 1440, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Interim Zoning Ordinance, (Ordinance No. 1439), by
zoning certain real property described as Glacier Village Greens Phase XII located in Section
32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned
County R-5, Two -Family 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 Atkinson, Counsell, Hafferman, Kenyon, Larson,
Leistiko, Olson and Mayor Kennedy voting in favor, and Peters voting against.
RESOLUTION 4754 — ANNEXATION REQUEST — KEN MAKLOSKI
Makloski is requesting annexation of approximately 1.3 acres of land located on the west side of
Highway 93 South, north of Twin Acres Road and south of Burtons Appliance.
Larson moved Resolution 4754, 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 Assessor's Tract 7CF located in Section 20, Township 28 North,
Range 21 West in Flathead County, Montana to be known as Makloski Addition No. 319; to
zone said property in accordance with the Kalispell Interim Zoning Ordinance, and to declare
an effective date. The motion was seconded.
Kukulski gave a staff report.
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Hafferman said the extension of services attachment states: Water — "A fire hydrant will likely be
required to be extended which will require the extension of an eight inch main" and for Sewer - "It
has not been determined at this time whether or not an additional extension of the existing main
would be required to service this site or if a simple service line would be adequate". Hafferman asked
where the existing termini for the eight inch water and sewer mains are located and whether the
developer will be required to extend the sewer to the south boundary of the property.
Hansz answered utilities are located on the back side of the property or on the east boundary of the
runway. He said according to the City's extension of services policy, any time a main is extended; it's
required to be extended to the far boundary. Hansz said a main is already available, but it hasn't been
determined yet whether a service line will be adequate.
Hafferman stated that question needs to be clarified prior to annexation. He said he also feels
questions surrounding a retention or detention system should be answered first, adding this is another
good example why department head statements should be included in the annexation report.
Leistiko said he doesn't understand why the Council is discussing these issues at this time. He said the
question before the Council is whether to annex this property; the other questions can be answered
when the developer is ready for construction.
Hafferman said the extension of services plan needs to include all aspects of the issue so the Council
can make an educated decision on whether to annex.
The motion carried upon roll call vote with Atkinson, Counsell, Hafferman, Kenyon, Larson,
Leistiko, Olson and Mayor Kennedy voting in favor, and Peters voting against.
ORDINANCE 1441 — INITIAL ZONING — MAKLOSKI — 1ST READING
Makloski is requesting a zoning designation of City B-2, General Business, upon annexation of the
above -mentioned property. Currently the property is zoned County B-2, General Business.
Larson moved first reading of Ordinance 1441, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Interim Zoning Ordinance, (Ordinance No. 1439), by
zoning certain real property described as Assessor's Tract 7CF located in Section 20, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County B-2,
General Business) to City B-2 (General Business), 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 Atkinson, Counsell, Hafferman, Kenyon, Larson,
Leistiko, Olson and Mayor Kennedy voting in favor, and Peters voting against.
ORDINANCE 1442 — PUD AMENDMENT — MOUNTAIN VIEW LP — 1ST READING
(REMOVED)
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CONDITIONAL USE PERMIT — CHURCH - ANNE BUKACEK
Bukacek is requesting a conditional use permit to allow the conversion of an existing single family
residence to a church at 410 West Arizona Street.
Larson moved Council approve the conditional use permit for Anne Bukacek subject to the
attached conditions. The motion was seconded.
Kukulski gave a staff report.
Leistiko asked if the parking that's proposed will be adequate.
Wilson said it's anticipated that between twenty and thirty people will regularly attend on Saturdays
and some evenings. She said the fifteen parking places proposed is actually more than required to
accommodate the current congregation. Wilson said on occasion when more attend a function, such
as a wedding, the overflow parking will probably be on the street.
Leistiko suggested that the Council consider a buffer of some kind.
Peters asked Wilson to explain condition #4 which states: "That consideration will be given to the
installation of a sidewalk along those areas that front along a roadway....". He said if all the church
has to do is "consider" sidewalks, then how do you determine whether that condition has been met.
Wilson said it's not a condition that can be met. She stated that requiring sidewalks to be installed
would be a huge expense for such a small church since the property touches Arizona, Colorado and
Highway 93.
Kukulski reminded the Council that it recently required Flathead Credit Union to install sidewalks
along Highway 93.
Hafferman said with twenty to forty people attending this church, it appears parking can become a
problem and it should be noted in the minutes. He suggested a condition be added preventing
attendees from parking in the right of way.
Atkinson explained that sidewalks were discussed at some length at the Planning Board and members
were not able to come to any conclusion. He said personally he would like to see sidewalks along
Highway 93 at least, and preferably along all sides.
Olson agreed that the City has to start requiring sidewalks or the City will have another west side all
over town. He said the Credit Union did install a sidewalk along Highway 93, but that's all. Olson
said not only should sidewalks be required, but he feels the Council should also require a privacy
fence.
Atkinson moved to amend the motion by changing condition #4 to read: "Sidewalks will be
installed along those areas that front along a roadway that is separated by a rive foot landscape
buffer between the sidewalk and the curb". The motion was seconded.
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Olson said he thinks the landscape buffer should be removed from the condition to ensure the
installation of the sidewalks.
Kukulski suggested leaving the landscape buffer in the motion but removing the five feet reference.
Atkinson proposed the "five foot" reference be removed as a friendly amendment. The second
concurred.
There was no objection.
Hafferman said sidewalks are important, unless they don't go anywhere. He said he would rather see
the City require a waiver of protest for a future SID for the entire area.
Larson agreed, stating he knows the City has made a lot of mistakes in the past, but there are times
when sidewalks just aren't appropriate until a future date.
Mayor Kennedy suggested requiring a sidewalk along Highway 93 and an SID waiver on the other
two sides.
Hansz reminded the Council that the State is planning an overlay on this section of Highway 93 North
and they will be redesigning the lane configurations. He said before requiring sidewalks along
Highway 93, staff needs to determine whether there will be adequate public right of way.
Atkinson withdrew his motion to amend. The second concurred.
Atkinson moved to amend the motion by changing condition #4 to read: a) "Sidewalks will be
constructed along Highway 93 in coordination with the Montana Department of
Transportation; sidewalks will be separated by a landscape buffer between the sidewalk and
the curb; and a waiver of protest for a special improvement district to install sidewalks on
Colorado and Arizona will be required". The motion was seconded.
There was further discussion on how the coordination will work in conjunction with the MDOT
project.
The amendment carried unanimously upon vote.
Leistiko moved to add a condition stating: "A six foot privacy fence will be constructed along
the west boundary". The motion was seconded.
Hafferman commented that maybe a landscape buffer should be erected because some times the
fences look worse than the facility.
Kenyon agreed, stating you don't see many churches around town with fences.
Olson suggested the requirement be a "buffer" and then the owner could put in whatever they want.
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Leistiko said if there's no objection he would add "and/or six foot landscape buffer" to the
amendment.
There was no objection.
The amendment carried upon roll call vote with Counsell, Hafferman, Larson, Leistiko, Olson,
Peters and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting against.
Mayor Kennedy said the Council had mentioned possible parking problems and asked if there were
any further amendments.
Hafferman moved to add a condition stating: "Property owner is responsible to see that none
of the people using the facility park in the right of way". There was no second.
Olson commented he's afraid if the church does grow the whole neighborhood will be in an uproar.
Kukulski answered the size of the facility will have an influence on how much the congregation can
grow. He said the church, right now, has more parking spaces than required under the regulations
and if the church wants to expand in the future, then the parking will have to be looked at again.
Leistiko suggested a condition requiring the church to have adequate on -site parking at all times.
Counsell commented most churches wouldn't comply with that type of condition.
There were no additional amendments.
The motion as amended twice carried unanimously upon roll call vote.
CONDITIONAL USE PERMIT — COMMUNITY RESIDENTIAL FACILITY — CHILD
DEVELOPMENT CENTER
CDC is requesting a conditional use permit to use an existing single family home for a community
residential facility for eight or fewer people at 40 East Nevada Street.
Larson moved the Council approve the conditional use permit for the Child Development
Center subject to the recommended conditions. The motion was seconded.
Kukulski cautioned the Council that State law mandates that this type of use cannot be denied.
Atkinson said the Planning Board discussed why this type of facility even falls under the conditional
use regulations when it's mandated by State law. He suggested the Council consider changing that in
the future.
Kenyon stated there is a tremendous need for these facilities in the community.
The motion carried unanimously upon roll call vote with all members present.
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RESOLUTION 4755 — CLOSING TWO INACTIVE DEBT SERVICE FUNDS
The SID Loan Revolving Fund and the 1992 Sidewalk & Curb Fund both have a zero balance for
cash as loans have been made over the years to pay debt service.
Atkinson moved Resolution 4755, a resolution authorizing the Finance Director to close out the
inactive special improvement district funds to the SID Revolving Fund. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all members present.
RESOLUTION 4756 — CLOSING SID 343 CONSTRUCTION FUND
Construction is complete for the rebuilding of Sunnyview which was financed with bonds known as
Special Improvement District 343.
Atkinson moved Resolution 4756, a resolution authorizing the Finance Director to close out the
SID 343 Construction Fund to the Debt Service Fund for SID 343 repayment. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all members present.
RESOLUTION 4757 — BUDGET AUTHORITY — SID 343 BONDS
This resolution provides budget authority to call additional bonds for SID 343.
Atkinson moved Resolution 4757, a resolution amending the annual appropriations of the City
of Kalispell, Montana, as set forth in the 2002-2003 budget adopted by the City Council for the
purpose of appropriating funds for debt service payments for SID 343. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all members present.
RESOLUTION 4758 — 2003 WATER REVENUE BOND
The Board of Investments approved a ten-year loan to finance three water projects. This resolution
sets the terms and conditions of the bond.
Atkinson moved Resolution 4758, a resolution relating to $907,500 Water System Revenue
Bond, Series 2003; authorizing the issuance and fixing the terms and conditions thereof and
the security therefore. The motion was seconded.
Robertson gave a staff report explaining the bond is for meter replacements, fire hydrants and the
water looping project near the Junior High School.
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Hafferman commented that taxpayers are being asked to charge an additional $900,000 and the City
needs to have better planning so it can start paying cash.
The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against.
RESOLUTION 4759 — ASKING FOR REMOVAL OF THIRD AND FOURTH AVENUES
EAST FROM THE FEDERAL URBAN HIGHWAY SYSTEM
Due to neighborhood concerns about the increase in traffic, the Council has decided to pursue the
removal of these streets from the Federal Urban Highway System.
Larson moved Resolution 4759, a resolution of communication to the Kalispell Area
Transportation Advisory Committee advising it of the City Council's request that Third
Avenue East and Fourth Avenue East be removed from the Federal Urban Highway System.
The motion was seconded.
Atkinson asked how this is going to affect traffic.
Kukulski said this resolution simply requests that the streets be removed from the Urban Highway
System, it doesn't contain any changes in the traffic flow.
The motion carried unanimously upon roll call vote with all members present.
VALLEY VICTORY CHURCH — PERMISSION TO CONNECT TO EVERGREEN SEWER
SYSTEM
Valley Victory Church has requested permission to connect to Evergreen Sewer as a Kalispell City
Customer.
Olson moved the City approve the request of Valley Victory Church that the City of Kalispell
allow the church property, located on Highway 35, east of LaSalle and otherwise outside the
City of Kalispell and outside of the Evergreen Sewer RSID, to connect to the nearest Evergreen
Sewer conveyance as a Kalispell City customer subject to those conditions set forth in the City
of Kalispell Extension of Services Plan delineated in Resolution 4241 as amended by Resolution
4450, requiring the church to file a Consent to Annex/Notice of Withdrawal from Rural Fire
District and a Petition Requesting Annexation with the City Attorney, but, recognizing that a
compassionate exception for this applicant is appropriate under these circumstances given the
fact that the church property is a single lot that has no other available means of obtaining
septic service, waiving the requirement that such property be contiguous to the City. The
motion was seconded.
Leistiko stated the City is within days of approving a growth policy and we need to see if the City is
going to change its extension of services policy before waiving it. He said the only exception to the
policy that he remembers was when a piece of property was in peril. Leistiko said that isn't the case in
this instance and the church does have other options. He said he doesn't see this as an emergency and
if approved, the City may be opening itself up to litigation from other property owners wanting the
same consideration.
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Larson said he feels the emergency is that the land becomes worthless if the City doesn't approve the
request. He said the church doesn't have any other options and if rejected, he views it as almost a
"taking of the land".
Hafferman agreed, adding the church has exhausted all other means.
Hafferman moved to amend the motion to include the condition that: "Property owner shall
sign, and City shall record, a waiver of right to protest participation in any special
improvement district levy or other means of financing expansion of the Wastewater Treatment
Plant". The motion was seconded.
There was no discussion.
The amendment carried unanimously upon vote with all members present.
Leistiko commented the land was donated to the church and he doesn't feel the City would be
"taking" anything from them. He said the church could move elsewhere and the City shouldn't be
amending its policies for anything other than an emergency.
Atkinson said this reminds him of when Evergreen came to the City. He said it was wrong then not to
require annexation and it's still wrong now. Atkinson said he works for the citizens of Kalispell and
even though this is a small piece of property, once you start giving away your sewer without
annexing, then you aren't working for the citizens of Kalispell who are paying the bill.
Counsell agreed, stating the City has to follow its Extension of Services Plan.
Larson said he also works for the citizens of Kalispell and the community as a whole and any property
that can be put on the sewer system is good for the community as a whole.
Peters said even though this is a small piece of property, it's still precedent setting. He said if
approved, the City could be opening the "floodgate" because there are a lot of other properties just
outside the Evergreen RSID.
Kenyon spoke in favor of the approval, stating that since he has been on the Council he has watched
exceptions being made in every other area of City policy and this seems like selective enforcement.
Mayor Kennedy said she has gone back and forth on this request which she says comes down to an
issue of compassion. She said it only makes sense to act as a community and provide sewer service.
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The motion as amended carried upon roll call vote with Hafferman, Kenyon, Larson, Olson
and Mayor Kennedy voting in favor, and Atkinson, Counsell, Leistiko and Peters voting
against.
PARKING COMMISSION APPOINTMENT
John Hinchey has requested appointment to the Parking Commission to fill the seat vacated by Leisa
Baldwin.
Mayor Kennedy recommended that John Hinchey be appointed to the Parking Commission.
Larson moved the Council approve the Mayor's recommendation to appoint John Hinchey to
the Parking Commission. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with all members present.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Olson asked that a work session be scheduled to discuss the future of Streetscape.
Peters said he would like a work session to discuss which direction the Council plans to take
regarding sidewalks.
Hafferman asked the Public Works Department to look into hazardous traffic conditions on Northern
Lights Boulevard north of Three Mile Drive.
Kukulski announced the work session scheduled for December 9th will focus on Crosswell's request
for a PUD amendment and the Business Improvement District.
ADJOURN
The meeting was adjourned at 9:10 p.m.
ATTEST:
Theresa White
City Clerk
Approved December 16, 2002
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