1. Council Minutes - Regular Meeting April 18, 2005A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, APRIL 18, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, BOB HAFFER.MAN, BOB HERRON, DUANE LARSON,
HANK OLSON, AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBERS KART
GABRIEL AND RANDY KENYON WERE ABSENT.
Also present: City Manager Jaynes Patrick, City Attorney Charles Harball, City Cleric Theresa White,
Building Official Craig Kerzan, Fire Chief Randy Brodehl, Parks and Recreation Director Mike
Balser, Police Chief Frank Garner, Public Works Director Jiro Hansz, and Tri-City Senior Planner
Narda Wilson.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Peters 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 Meeting April 4, 2005
2. Pledged Securities as of December 31, 2004
3. Reject Bids — 2005 Street Overlay Contract
Two bids were received to chipseal and overlay City streets. The bids, from JTL Group and
Schellinger Construction, were irregular and judged to be non -compliant. Staff recommended
the Council reject both bids.
4. Ordinance 1529 — initial Zoning — Cottonwood Park Subdivision --- 2nd Reading
Philip and Barbara Blandford have requested an initial zoning designation of R-3, Urban
Single Family Residential, on approximately ten acres of property located on the northwest
corner of Three Mile Drive and Stillwater Road. Ordinance 1529 passed on first reading
April 4th.
5. Ordinance 1530 — Initial Zoning — Lone Pine Subdivision --- 2nd Reading
Lone Pine Development, LLC has requested an initial zoning designation of R-2, Single
Family Residential, with a Planned Unit Development overlay on approximately twenty-three
acres of property located south of Foys Lake Road and west of Valley "View Drive. Ordinance
1530 passed on first reading April 4th.
Kalispell City Council Minutes
April 18, 2005
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6. Ordinance 1531 — initial Zoning — Mission Northwest - 2nd Reading
Mission Northwest Development, LLC has requested a zoning designation of R-4, Two
Family Residential, on approximately one half of an acre located on the west side of 7th
Avenue West south of 11th Street West and Sunnyside Drive. Ordinance 1531 passed on first
reading April 4th.
7. Ordinance 1532 —.Zoning. Ordinance Text Amendment — 2nd Readin
Yarus Properties, LLC has requested HVAC businesses be included in the B-3, Community
Business, zoning district as a permitted use. HVAC stands for "Heating, Ventilation, and Air
Conditioning". Ordinance 1532 passed on first reading April 4th.
8, Ordinance 1533 — Zone Change Request — 2nd Reading
Carmine Mowbray has requested a change in zoning from B-1, Neighborhood Suffer
District, to B-2, General Business, on approximately 1 acre located on the east side of North
Meridian Road, north of West Wyoming and south of Liberty Street. Ordinance 1533 passed
on first reading April 4th.
9. Proclamation — Arbor Day..—. A ril 29 2005
Proclamation — Sexual Assault Awareness Month
10. Employee Recognition — Fire Chief.Randy. Brodehl
Larson moved approval of the Consent Agenda. The motion was seconded.
Bette Albright, long-time member of the Street Tree Commission, said that this November, the City
will have had a street tree ordinance in place for nineteen years. She said in 1987 Kalispell became
a Tree City USA participant through the National Arbor Day Foundation and this year, as part of the
Arbor Day festivities, a tree will be planted near Trinity Lutheran grade school. Albright introduced
Mark Lenon.
Mark Lenon, DNRC Western Regional Community Forester, announced that Kalispell has received
the Tree City USA award for the 18th year in a row. He presented Mayor Kennedy and the City with
a flag.
Patrick recognized Fire Chief Randy Brodehl for successfully completing the U.S. Fire
Administration's National Fire Academy's "Executive Fire Officer Program". He said the intensive
program is designed to provide senior fire officers with a broad perspective on various facets of fire
administration and with the expertise they need to succeed in today's challenging environment.
Brodehl stated this is truly a community award and is invaluable to a community. He said the
courses are "draining" and he thanked his family for "going through this" with hire.
The motion carried unanimously upon roll call vote.
C. STUDENT ISSUES
None.
Kalispell City Council ?Minutes
April 18, 2005
Page 2
D. PUBLIC COMMENT
Myrna Terry, 1505 Whalebone Drive, spoke in opposition to meter pits, stating it's a question of
keeping affordable housing affordable. She criticized the City for not notifying builders of the intent
to make meter pits a requirement. Terry submitted a letter from her husband Ron Terry. (Letter is
attached and by this reference is made a part of the official record)
Michael Blend, 104 West Bluegrass, seconded Terry's comments.
Joe Brenneman, Flathead County Commissioner, thanked the Council for inviting him to a joint
work session last Monday, stating he couldn't attend because he was called out to a fire. He said
he's very concerned about water quality, in particular the Evergreen aquifer. Brenneman noted the
City operates a fine sewer plant that can handle additional. capacity and he's very concerned that
development may be occurring in areas that could be served by Kalispell, but aren't. He commented,
"1'm wondering if our descendants, our children and grandchildren, are going to look back and say to
us `you had the capacity for the sewers, but you didn't put them in and now the water table' s messed
up, but thank goodness you decided about who owned those sewer pipes', or are they going to look
back and say "you worked out a deal so that we did the best thing for the groundwater'." Brenneman
said that's his fundamental concern right now as a county commissioner.
E. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/L REQUESTS FOR ABATEMENT OF SPECIAL ASSESSMENTS — DICK BRADY
AND HOWARD STOCKWELL
Brady is requesting an abatement of special assessments and a rebate of three years for assessments
already paid on approximately one acre of floodplain property located in South Meadows
Subdivision. Stockwell is requesting a refund of $300.00 for assessments on 600 square feet of
Colorado Street and is willing to deed the property to the City for an additional $300.00.
Larson moved Council authorize staff to abate the assessment of City specials on Dick Brady's
property and reimburse for three years; and authorize staff to make a reimbursement for
$300.00 to Howard Stockwell and purchase 600 square feet of Colorado Street for an
additional $300.00. The motion was seconded.
Patrick gave a staff report.
Kennedy asked if it was determined whether Brady paid the taxes for the past three years.
Harball answered if the taxes were paid he will get reimbursed for the three years, if they weren't
paid he won't get reimbursement.
The motion carried unanimously upon vote.
Kalispell City Council Minutes
April 18, 2005
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EJ2. RESOLUTION 5003 — FINAL PLAT — AMENDED PLAT OF THE NORTHEAST
PORTION OF THE GATEWAY WEST ADDITION #34
This is a request for final plat approval for a one -lot commercial subdivision intended for parking in
the area of the northeast corner of the Gateway West Mall parking lot.
Peters moved Resolution 5003, a resolution approving the final plat of the Amended Plat of the
Northeast Portion of Gateway West Addition #34, located in Section 12, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded.
Wilson explained the newly created lot contains approximately 1.8 acre and would be used for
parking for the TeleTech operation which is located in the former Stream facility.
There was no discussion.
The motion carried unanimously upon roll call vote.
Ei3. RESOLUTION 5004 — FINAL PLAT — NORTH POINTE PROFESSIONAL OFFICES
This is a request for final plat approval of a one -lot commercial subdivision in a
Residential/Professional Office zoning district located at the northwest corner of Three Mile Drive
and North Meridian Road.
Atkinson moved Resolution 5004, a resolution approving the final plat of the North Pointe
Subdivision, described as an Amended Plat of Lot 2A of the Amended Plat of Lot 2 of the
Amended Plat of Three Mile Drive Corner and a Portion of Lot 20, Block 1 of Northwest
Tracts located in Section 1, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana. The motion was seconded.
Wilson gave a staff report.
Hafferman commented that Condition #4 states: "That a shared access for the newly created lot be
developed with access being taken from the remainder parcel to the west", but on the staff report it
says: "Access to the site can be obtained directly from. Three Mile Drive and an access was
negotiated as part of the North Meridian Road right-of-rvay acquisition for its future reconstruction."
He asked for clarification.
Wilson explained the access easement along Three Mile Drive is what MDOT granted them when
they acquired the right-of-way along Three Mile Drive.
Hafferman asked how that is going to be identified when the lot changes hands.
Wilson said it's indicated on the plat and in MDOT's plans as a shared access.
Hafferman asked if the plan is definitely going to state that you will get to Lot 1 from that access. He
said if not, somebody could cut off the access when the property changes hands.
Kalispell City Council Minutes
April 18, 2005
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Wilson said this is the only access MDOT is allowing for this property and when it comes into the
City for development it will go through the Site Development Review Committee which will provide
another safety check to make sure there is not an additional access on Three Mile Drive.
Hafferrnan said he fully understands that, but there should be something on the plat that indicates you
can get from that point to Lot 1.
Wilson said if the Council desires, an amendment could be made to add a note to the plat stating:
"Lot 1 shall be gained through the remainder parcel".
Atkinson asked if curbs, gutters, sidewalks, etc. are part of the final plat.
Wilsonsaid there's a note on the plat that waives protest to the creation of an SlD for upgrades.
Atkinson said hejust wants assurance that once the roads are completed, those improvements will be
added.
Wilson stated that's part of the Meridian Road upgrade project.
Atkinson moved a Friendly amendment to the motion asking that a note be placed on the plat
stating, "Lot 1 shall be gained through the remainder parcel". The Friendly amendment was
seconded.
There was no objection.
There was no further discussion.
The motion carried unanimously upon roll call vote.
E14. FINAL PLAT — ORCHARD VILLAGE
This is a request from Blend Design and Build for final plat approval of Orchard Village Subdivision
which plats .14 four-plex lots on approximately 3 acres located on the south side of Appleway Drive
and west of North Meridian Road.
Herron moved Council accept the Subdivision Improvement Agreement and approve the final
plat for Orchard Village Subdivision. The motion was seconded.
Wilson gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
Kalispell City Council Minutes
April 1s, 2005
Page 5
F. MAYOR/COUNCILICITY MANAGER'S REPORTS (No Action)
Hafferman asked for a report on how many total water meters have been changed out since the new
meters were purchased.
Olson asked the public to respond on whether there is any interest in having a truck route rather than
a bypass. He said with as much trouble there's been funding the bypass, he's wondering if a truck
route isn't a better alternative in the meantime.
Herron thanked Commissioner Brenneman for speaking this evening anti suggested the Council think
hard about what he had to say. Herron said in the last few months "we have talked a great deal about
our treatment facility being a regional facility and I think that we need to look at some ideas that
some of us have suggested as long ago as January of 2004. 1 suggested we increase Evergreen's
capacity by ten percent, or maybe 300 units, and let's deal with the two or three issues we have out
there because as a City we have plenty to worry about and deal with as we grow to the north, the
west, and the south and 1 think that it's time, perhaps, that we go an extra mile and maybe give the
Evergreen Sewer and Water District a little bit more capacity and let them deal with the two or three
subdivisions that are about to come on line so we don't have to have any more septics in this valley".
Atkinson said he asked how much our treatment plant can treat in the future. He said he hasn't
received a formal answer, but it was indicated that this treatment plant can serve all of the Flathead.
lie said, "we don't creed to look at another treatment plant and we don't need to hand out our
capacity to another organization to treat the sewage in Flathead County, at least in the short run and
in the immediate area of Kalispell. 1 think as we work through this we'll find that the City of
Kalispell truly does have a regional treatment plant and truly can meet the needs of the growing
population in all of the north, east, south, and west in Kalispell. Let's keep our options open for us
and move cautiously, but move as quickly as growth does".
Mayor Kennedy said the Council will be having work sessions on this issue in the future.
Patrick announced that Dan Diehl has been selected as the Fire Department's Operations Chief
and he will be joining the City on .April 25th.
I. ADJOURN
The meeting was adjourned at 7:50 p.m.
ll1
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council Minutes
April 18, 2005
t'agc 6
Ron Terry Construction, Inc.
7 Meridian Court
Kalispell, MT 59901
(406) 755-7516
Building Affordable, Quality Homes
April 18, 2005
Estimated Direct Costs for Meter Pits*
Water meter pit $392.35
Insulated pad VIM
Locking Lid $42.78
Brass inti-tights (2)
One load of pea rock
One load of pit run
Expansion tank on h20 heater
(due to backllow prevention)
One extra person for two hours
(installation)
One hour extra bobcat
$20.00 (approximate)
$70.00 (approximate)
$80.00 (approximate)
$ 75.00
$40.00**
570.00**
Labor and fuel toTick a meter $20.00
Total 5831.13
*Note. These costs were based on a straight run from the curb stop to the home. This would be
the least expensive option. O11en curb stops are in driveways. In those instances, a separate hole
would need to be dug for the meter pit and then the line would need to angle from the pit to the
home.
**Note. The time were determined by only needing to wait for 10-20 minutes for the city to
show up to install the meter so the connections can be tested before covering up the meter pit.
Estimated Indirect Costs
Interest on above amount for bank loan ( 6 '/z% for 4 months)
Increase liability insurance due to increase in dollar volume
Possible increased title insurance due to increased home prices
Warranty liability for the meter pits (THIS COULD BE A BIG ONE.)
Accounts payable increased workload
Other Variables to Consider
This change will require a large financial investment by the city to install these meter pits in aii
existing homes. Are the water rate payers aware of this cost? According to my discussion with
Frank Kastles, the city will be providing these pits for the existing homeowner's at no extra
charge. This leads me to believe that the S1.20 meter replacement fee will need to increase
substantially to pay for these meter pits and the work to install them or is there another way to
pay for these in the works?
The city workers that will be required to work on these meters at the meter pits will now be
required to work outside and probably dig 7' underground to manage meter problems. We all
know that it is Murphy's Law that these types of problems happen when it is well below freezing.
It will be costly (not to mention cold) to dig into frozen ground to fix problems down the road.
Now the city can work on water meters in relatively warm crawl spaces even if it is sometimes
difficult to schedule. If there is an emergency, people will let you in.
The safety concern regarding the water supply appears farfetched, but given 9/11 is
understandable. However, if someone wanted to taint our water supply, there are easier ways to
do it than inject something through the water system from a crawl space. This meter pit change
will not prevent someone from contaminating the water supply and will not make it more difficult
for someone who really wants to do it. It will just make housing less affordable for citizens of
Kalispell.
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