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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 Page l 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 Page 3 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 Pabe 4 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. 2