1. Council Minutes - Regular Meeting November 1, 1999A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, NOVEMBER 1, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR,
DUANE LARSON, GARY NYSTUL, 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 with the claims amount being
amended from $230,355.70 to $228,647.25 and the removal of item E-
8, Approval of Sewer Service to the Conrad Complex. The motion was
seconded by Graves.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes -Regular Meeting October 18, 1999
2. Approval of Claims per Payables Register-$228,647.25
Atkinson moved approval of the Consent Agenda as presented. The
motion was seconded by Van Natta.
There was discussion.
Nystul asked where the reimbursement came from for the oil used at
the City airport.
Kukulski said it came out of the airport's budget. He said since
the City hasn't hired an airport manager, the reimbursement was
taken from that line item.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Ann Stafford, West Arizona St., said she would like some
information on how much it will cost taxpayers if the City annexes
all the property south to Four Corners and north to West Reserve.
She said the vacant buildings downtown should be filled before the
City takes on any additional property.
PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE WEST VALLEY
NEIGHBORHOOD PLAN/CITY-COUNTY MASTER PLAN
J & F Construction and Vernon and Thelma Johnson have requested
Kalispell City Council
November 1, 1999 Minutes
approximately 112 acres located northwest of the intersection of
Highway 93 and West Reserve Drive be reclassified from Agricultural
to One Family Limited Residential.
Boharski opened the public hearing.
Proponents
John Parsons, representing the applicants, stated the Johnson's
would like to sell part of their farm to reduce their debt and J&F
Construction is planning to build the same quality subdivision as
Country Estates. He said the 112 acres in question is three tenths
of one percent of the area in the West Valley Neighborhood Plan.
He said people are moving north and this is an ideal and logical
location for residential development.
Mike Fraser, 300 Three Mile Dr., said the project conforms to the
goals and policies of the West Valley Neighborhood Plan by focusing
urban living in one area.
Greg Stevens, Planning Board Member, agreed and stated there's no
such thing as protecting agriculture without protecting farmers and
farmers need to be given the flexibility when it comes to their
land. He said the "community wants to preserve and protect
agriculture but they don't want it to cost anything".
Russ Crowder, Montanans for Property Rights, said in 1996 Flathead
farmers had a loss of over 500 thousand dollars, yet property taxes
since 1992 have increased by over 35 percent. He said agricultural
land is no longer an asset and unless changes are made to allow
farmers some flexibility, "those amber waves of grain will someday
be amber waves of County or State owned weed fields".
Frank Strickland, J&F Construction, stated the transition from farm
land to residential will be gradual and won't happen overnight. He
said the subdivision calls for at least three phases and could take
as long as fifteen years to complete.
Brent Johnson, 1053 Stillwater Rd., said he farms this land and to
be able to continue farming, they need to sell off a portion.
Steve Streick, 1328 Trumble Creek Rd., said he has rented several
acres from the Johnsons in the past, and he can understand why they
feel a subdivision is a better and higher use for this portion of
their property. He said right now the Johnsons, at the most, can
gross between five and six thousand dollars a year on that section
of property.
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November 1, 1999 Minutes
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Opponents
Bill Breen, 335 Mtn. Meadow Rd., read a letter expressing concern
with the Master Plan Amendment. (Letter attached hereto and by this
reference is made a part of the official record)
David Van Dort, 777 O'Neil Creek Rd., stated he was a member of the
West Valley Neighborhood Plan development committee and this
project isn't what the people wanted. He said he's concerned that
135 additional septic systems will have an adverse impact on the
aquifer.
Kim Davis, 1230 Rhodes Draw, said the goals and standards of the
neighborhood plan are not being met by this proposal and if this
amendment is approved, it will be the beginning of the end for the
entire neighborhood plan.
Mayre Flowers, Citizens for a Better Flathead, said under the
existing plan, the owner still has development options with
clustering and the area' s agricultural plight will not be solved by
approving this development. She said the Master Plan update needs
to be finalized before these kinds of developments are approved.
Boharski asked Narda Wilson, FRDO, to comment.
Wilson said the West Valley Land Use Advisory Committee voted three
to two in favor of the project, with one member abstaining. She
said even though they recommended approval, the committee had
serious concerns regarding the use of on -site septic systems.
Wilson said the Planning Board didn't feel the lack of sewer
services was an issue, but the Planning Staff strongly disagrees.
She said the proposal is "not only premature, but it would be
irresponsible".
Kukulski commented the problem with agricultural land is a
nationwide issue and is a very difficult issue to resolve. He said,
however, that area will eventually need City sewer and water along
with police and fire protection. Kukulski said the Council should
be looking at the long range ramifications prior to an additional
150 homes going up in that area.
Boharski opened the floor to Council questions.
Atkinson questioned Flowers as to what she meant when she stated
the developer has other options.
Flowers answered under the West Valley Neighborhood Plan, the
property could be developed into lots under the clustering
provision.
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November 1, 1999 Minutes
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Atkinson said it appears, however, that under the clustering option
the balance of the Johnson's land would have to be held in
perpetuity for open space.
Wilson said the cluster provision allows for one dwelling unit per
five acres with a minimum lot size of one acre. She said the rest
of the property would then be set aside for open space which the
farmer could keep or sell for agricultural purposes.
Haarr said there's been concern expressed about the effect of the
septic systems on the aquifer, yet the septic systems in Country
Estates have been working extremely well and that's a larger
subdivision than the one proposed.
Boharski said if all of the Johnson's property, about 500 acres,
was developed under the clustering provision they could have
approximately the same number of homes developed and still be able
to farm. He asked Johnson if he would consider that option which
wouldn't require a change in the Master Plan.
Johnson answered the land that would have to be held in open space,
even though it can be farmed, would be worth a lot less under the
clustering option.
Strickland commented that once the property is developed under that
provision and the land declared open space, it can no longer be
subdivided. He said the statement "in perpetuity" means forever
and if the market doesn't turn around, it could put the farmer out
of business.
Boharski asked if that means forever, or until it's changed by the
governing bodies.
Wilson said it's in perpetuity until the regulations change. She
said it doesn't mean it can't be changed along with the times.
Donahue said the neighborhood plan was developed after many months
of meetings and input from area residents. He said if this
property is removed from the plan, then others could ask for the
same consideration and the Council will end up rewriting the plan
piece by piece. Donahue said he doesn't feel the Council should be
doing that.
Boharski closed the public hearing.
RESOLUTION 4515 - RESOLUTION ADOPTING PROPOSED AMENDMENT TO THE
CITY -COUNTY MASTER PLAN
Haarr moved Resolution 4515, a resolution adopting a proposed
amendment to the Kalispell City -County Master Plan. The motion was
seconded by Scarff.
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November 1, 1999 Minutes
Page 4 of 13
There was discussion.
Haarr commented there's going to be a significant increase in the
area's population in the next ten years and Kalispell needs room to
grow. He said this proposal is perfect because it creates density
close to Kalispell.
Atkinson said instead of building up the areas around Kalispell,
he'd like to build from the center out. He said the City is going
to have to pay for the sewer and water extension and the City can't
afford it. Atkinson said if the plan is to annex that area in the
future, then developers should be required to provide for sewer and
water hook up now and he doesn't think they can afford to do that.
Nystul said if the septic systems in Country Estates are working
fine and the residents are happy with the County services, then the
possibility of annexing that area in the near future is "slim and
none". In addition, he expressed concern that the West Valley
Neighborhood Plan is only two years old and it should be in place
longer before areas are extracted from it.
Donahue agreed with Atkinson stating the City should grow outward
and this proposal isn't in the best interest of Kalispell. He said
it will create another island if annexed, because history shows the
areas in between will not come into the City limits.
Van Natta said it's a tough decision because he can understand the
farmer's dilemma, yet he doesn't see that area being annexed in the
future and he can understand the opposition to additional septic
systems. He said he will "reluctantly" support the amendment.
Larson said he supports the amendment because of its location. He
said it makes sense to keep the residential developments in one
area and the amendment will not hurt the overall West Valley
Neighborhood Plan.
Boharski stated the Johnsons could build 100 units under the
existing neighborhood plan without any amendment to the Master
Plan. He said he also feels there are valid concerns with the
school district and he hopes those are addressed before the
project, if passed, is started. Boharski commented in the future,
he hopes the Commissioners would make their decision on a land use
change in the County prior to sending it to Council.
The motion carried upon roll call vote with Graves, Haarr, Larson,
Scarff, Van Natta and Boharski voting in favor, and Atkinson,
Donahue and Nystul voting against.
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PUBLIC HEARING ON PROPOSED WATER CONNECTION FEES FOR WATER METER
SIZES LARGER THAN FOUR INCHES DIAMETER
At the present time, the City uses a water connection fee schedule
that only covers meters up to four inches diameter. The recent
approval of the Waterford development has prompted the addition of
connection fees for meters up to twelve inches diameter. In order
for the City to establish the larger meter connection fees, a
public hearing is required.
Boharski opened the public hearing.
Proponents
None
Opponents
None
Boharski closed the public hearing.
RESOLUTION 4516 - RESOLUTION ESTABLISHING FEES FOR 6", 811, 10" AND
12" WATER METER SIZES FOR CUSTOMERS OF THE KALISPELL WATER UTILITY
Van Natta moved resolution 4516, a resolution adopting increases in
the fees, schedules, rates, charges and classifications imposed on
the customers of the Kalispell Water Utility and setting an
effective date. The motion was seconded by Larson.
There was discussion.
Donahue stated each year the fees increase and asked how that
percentage was determined.
Public Works Director Jim Hansz said an incremental increase of
three percent is built into the fee schedule and that percentage
was matched with the larger connections. He said the increases
usually follow the Consumer Price Index.
Donahue said he can't believe that in the year 2013, water
connection for a twelve inch meter will cost over two hundred and
seventy five thousand dollars.
Hansz said the connection fee helps to recover the cost of the
infrastructure necessary to supply the water. He said for example,
a twelve inch connection would be the size of the connection for
the entire water main that was intended to serve the Domesite.
Donahue asked if the high fee wouldn't discourage developers.
Hansz stated any developer with a project that would require a
twelve inch meter would anticipate the cost.
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Haarr commented he would like to see the increase strictly follow
the CPI instead of a flat three percent each year.
Nystul said the inflation rate of three percent was built into the
schedule to eliminate public notice each year.
The motion carried unanimously upon roll call vote.
PUBLIC HEARING ON PROPOSED SEWER CONNECTION FEES FOR WATER METER
SIZES LARGER THAN FOUR INCHES DIAMETER
Hansz explained the change also has to be made for sewer customers
with the schedule extending to 2012 and a built-in increase of five
percent per year.
Boharski opened the public hearing.
Proponents
None
Opponents
None
Boharski closed the public hearing.
RESOLUTION 4517 - RESOLUTION ESTABLISHING FEES FOR 6" 8" 10" AND
12" WATER METER SIZES FOR CUSTOMERS OF THE KALISPELL SEWER UTILITY
Larson moved resolution 4517, a resolution adopting increases in
the fees, schedules, rates, charges and classifications imposed on
the customers of the Kalispell Sewer Utility and setting an
effective date. The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4518 - RESOLUTION ADOPTING FINAL FEASIBILITY/MASTER PLAN
STUDY FOR KALISPELL CITY AIRPORT
Morrison-Maierle has now completed the Airport Master Plan Study
and has asked the Council to formally accept the final version.
Haarr moved Resolution 4518, a resolution adopting the Airport
Master Plan Study as submitted and amended and identifying
alternative number two, 5 degree realignment, as the preferred
alternative. The motion was seconded by Larson.
There was discussion.
Nystul moved an amendment to the resolution by inserting at the end
of Section II the following language: "noting however, that the
issue of the radio towers must be resolved with the Federal
Aviation Administration and perhaps the Montana Department of
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November 1, 1999 Minutes
Page 7 of 13
Transportation before the project is started". The motion was
seconded by Donahue.
There was discussion.
Atkinson asked if that would be "any kind of a deal buster".
Kukulski said he doesn't see the change affecting anything because
the tower issue has to be resolved before the project can move
forward anyway.
Larson stated the intent of the resolution is to show the FAA the
Council is serious about moving ahead with the airport
reconstruction and he wonders if that resolve isn't weakened with
the amendment.
Fred Leistiko, Airport Advisory Board Member, said the amendment
simply states the Council acknowledges the tower problem and
shouldn't weaken its position at all. He said he feels the
amendment is a proper one.
The amendment carried unanimously upon vote.
Donahue said he has reviewed the plan and feels the safety issues
aren't properly addressed. He said the airport is located in an
area surrounded by homes and businesses and safety is a major
concern. In addition, Donahue stated with a large airport nearby,
the City airport just isn't needed and will never be financially
viable.
The motion carried upon roll call vote with Atkinson, Graves,
Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in
favor, and Donahue voting against.
RESOLUTION 4519 - RESOLUTION ADOPTING FEDERAL AID PROJECT FOR
RECONSTRUCTION AND TRAFFIC SIGNAL INSTALLATION ON IDAHO STREET
LASALLE ROAD AND SUNSET BOULEVARD.
The Montana Department of Transportation has prepared projects for
the improvement and upgrade of traffic signal control systems in
the Kalispell area and is asking the City to enter into a
construction agreement for federal aid.
Nystul moved Resolution 4519 which states: "It is hereby resolved
by the City Council of Kalispell that the City Agreement of Federal
Aid Project Nos. CM 6799 (19) and CM 6799 (20) with the State of
Montana, acting by and through the Department of Transportation, is
adopted by this Council; and the Mayor of Kalispell is hereby
empowered and authorized to execute said Agreement on behalf of the
Council of Kalispell". The motion was seconded by Scarff.
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November 1, 199991inutes
Page 8 of 13
There was discussion.
Nystul said he just wants to note his displeasure with MDOT's
project on Main Street where the street lights were turned off at
night which he feels posed a safety hazard in the Central Business
District.
Boharski said he will vote against the resolution because Federal
laws allow discriminatory actions favoring certain businesses when
projects are awarded.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff and Van Natta voting in
favor, and Boharski voting against.
RESOLUTION 4520 - RESOLUTION APPROVING THE PRELIMINARY PLAT FOR
BUFFALO COMMONS PHASES III IV AND V.
This is a request for preliminary plat approval of a 27-lot
commercial subdivision which is part of the Buffalo Commons PUD
located northeast of Heritage Way and Windward Way on the north
side of Sunnyview Lane.
Narda Wilson, FRDO, stated the staff is recommending approval of
the Preliminary Plat but would like to see the Council develop a
long term plan for the upgrade of Sunnyview Lane. She said
development continues in that area with no improvements being done
to Sunnyview Lane. Wilson suggested the Council formulate a design
for that roadway so that future developers can be told what
infrastructure is required.
Kukulski said as long as subdivisions are allowed to be built to
County standards, knowing that someday those areas will be annexed,
then the City will continually find itself facing this kind of
problem. He said if the City doesn't start requiring that
developers become "part of the financial equation", then the
citizens of Kalispell will be paying for the improvements.
Larson moved Resolution 4520, a resolution approving the
preliminary plat of Buffalo Commons Phases III, IV and V, Flathead
County, Montana. The motion was seconded by Donahue.
Larson agreed that Sunnyview has been a problem for years and asked
why infrastructure improvements on that roadway were stricken from
the conditions on the preliminary plat.
Wilson said they weren't stricken from the conditions, but they
were amended. She said the conditions still require some
improvements along the north side of Sunnyview Lane.
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November 1, 1999 Minutes
Page 9 of 13
Atkinson said Sunnyview is bad but the hospital really needs to do
something about traffic from Sunnyview to Conway Drive. He said
the only way to get from Sunnyview to Conway is to go through the
emergency entrance and that's "asinine". Atkinson suggested that
maybe the Council shouldn't do anything with the preliminary plat
until these issues are addressed by the hospital.
Wilson said nobody would disagree with the traffic problem Atkinson
described, but Buffalo Commons isn't part of the hospital
development and can't be held responsible. In addition, she said
the hospital is in the process of developing a master plan for that
area and hope to address the problem of Sunnyview and Conway at
that time.
Haarr said it seems like there are more questions than answers at
this time.
Haarr moved to table Resolution 4520 until the Council has a chance
to look at the issue during a work session. The motion was seconded
by Atkinson.
The motion carried upon vote with Nystul, Van Natta and Boharski
voting against.
ORDINANCE 1339 - ZONE CHANGE REQUEST FROM WILLIAM AND REBECCA SNEED
- 1ST READING
The Sneeds are requesting 1.64 acres on the southwest corner of 8th
St. W. and 12th Ave. W. be changed from Low Density Residential
Apartment to Two -Family Residential. The Planning Staff and
Planning Board are both recommending approval of the zone change.
Haarr moved first reading of Ordinance 1339, 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 on Exhibit "A" (previously zoned RA-1, Low Density
Residential Apartment) to R-4 (Two -Family residential), in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1336 - AN ORDINANCE AMENDING ORDINANCE 1166 - 2ND READING
Neier explained Ordinance 1336 establishes the position of the City
Clerk and adjusts the duties of the Finance Director in accordance
with Montana law.
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November 1, 1999 Minutes
Page 10 of 13
Scarff moved second reading of Ordinance 1336, an ordinance
amending Chapter 2, Administration, Kalispell Municipal Code by
amending Ordinance 1166, § 2-44, adjusting the duties of City
Finance Director, creating the position of City Clerk, establishing
duties thereof and authorizing the City Attorney to recodify § 2-44
in accordance with this ordinance and declaring an effective date.
The motion was seconded by Nystul.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1337 - AN ORDINANCE REVISING CHAPTER 9, ARTICLES I & II,
KALISPELL MUNICIPAL CODE - 2ND READING
Neier explained Ordinance 1337 repeals outdated ordinances and
generally revises the qualifications, appointment and suspension of
firefighters.
Larson moved first reading of Ordinance 1337, an ordinance amending
Chapter 9, Fire Department, Kalispell Municipal Code, by amending
R.O. 1947 §§ 69, 71, 73, and Ordinance 597 § 1; repealing R.O. 1947
§§ 74, 75, 77, 78; enacting new Section II (qualifications of
firefighters), Section III (term of appointment of firefighters -
probationary period), Section IV (authority to suspend
firefighters), Section V (suspension procedure), Section VI (review
pursuant to collective bargaining agreement), Section XIII
(Firefighters, Unified Retirement Act); authorizing the City
Attorney to recodify Chapter 9 in accordance with this ordinance;
and declaring an effective date. The motion was seconded by Scarf f.
There was discussion.
Donahue said he would still like to see that Section C, under the
Authority to Suspend Firefighters, be changed to read: "The
assistant chief of the fire department, with the consent of the
fire chief, may suspend any firefighter for like cause".
There was no objection.
The motion carried unanimously upon roll call vote.
ORDINANCE 1338 - AN ORDINANCE REPEALING ARTICLE I, CHAPTER 5,
BUILDINGS KALISPELL CITY CODE - 2ND READING
Ordinance 1338 repeals the sections dealing with Fire Zones and lot
requirements for dwellings which are dealt with under the Zoning
Ordinance.
Atkinson moved second reading of Ordinance 1338, an ordinance
amending Chapter 5, Buildings, Kalispell Municipal Code, by
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November 1, 1999 Minutes
Page I 1 of 13
repealing R.O. 1947, § 926; and Ordinance No.'s 579, § 1 and 754,
§§ 1 and 2, authorizing the City Attorney to recodify Chapter 5,
Kalispell Municipal Code in accordance with this ordinance; and
declaring an effective date. The motion was seconded by Graves.
There was no discussion.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski thanked Glen Neier, Rick D'Hooge and Marti Hensley for the
many hours they have worked recently in conjunction with the
Kalispell Police Association hearings.
Kukulski informed the Council that the City will be hiring an
emergency services consulting firm regarding the City's ISO rating
and how to lower it.
Donahue said he is very concerned about a "rock garden" that
extends about ten feet into the right of way on Crestline. He said
he has voiced his concerns to the Manager, the City Attorney and
the Public Works Director but nothing's been done about solving the
problem.
Donahue moved the Council instruct the City Manager and City
Attorney to take appropriate action to move the "rock garden" from
the right of way back onto the private property and report back in
thirty days. The motion was seconded by Haarr.
There was discussion.
Kukulski stated staff has tried to address the issue and several
questions have been raised as to what constitutes the right of way
when it comes to landscaping. He said the landscaping in question
does not obstruct the vision of drivers and does not appear to be
protruding into the road. Kukulski said there are dozens of
examples where people have planted bushes in the right of way and
this situation isn't any different.
Donahue said he doesn't know of any situation in the City that
parallels the obstruction on Crestline. He said several neighbors
have complained and he would like the matter to be taken care of,
even if means having the Council direct the staff to take action.
Haarr said he feels there is a safety issue and "that pile of rocks
that's laying out there is an accident waiting to happen".
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November 1, 1999 Minutes
Page 12 of 13
Larson said without looking at the property, he doesn't feel
comfortable voting on the motion.
Nystul agreed, stating that maybe the issue should be placed on the
agenda for the next meeting. He said at the same time, maybe the
Council could consider a better defined policy concerning right of
way encroachments.
Hansz said if the Council requires this property owner to remove
the material in question, then in all fairness, several homeowners
in the same area should be asked to remove improvements that are in
the right of way.
Donahue disagreed, stating you have to use good judgement when
assessing the different situations.
Van Natta moved to table the motion until the Council has a chance
to review the situation. The motion was seconded by Nystul.
The motion carried upon vote with Donahue voting against.
ADJOURN
The meeting was adjourned at 11:00 p.m.
ATTEST:
eresa White
City Clerk
approved 11/15/99
WMI lahar*i .
Wm. E. Boharski
Mayor
Kalispell City Council
November 1, 1999 Minutes
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