1. Council Minutes - Regular Meeting December 6, 2004A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7.00
P.M., MONDAY, DECEMBER 6, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KAKI GABRIEL, BOB HAFFERMAN, BOB HERRON,
RANDY KENYON, DUANE LARSON, AND HANK OLSON WERE PRESENT. COUNCIL
MEMBER JAYSON PETERS WAS ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Community Development Director Susan Moyer, Finance Director Amy Robertson, Fire Chief
Randy Brodehl, Police Chief Frank Garner, Public Works Director Jim Hansz, Tri-City Senior
Planner Narda Wilson.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
l . Council Minutes — Regular Meeting November 15, 2004
2. Motion to Approve. Parkin License — Keno Inn Parkinj4 Lot
Council is being asked to approve an agreement allowing the former Keno Inn owners to
obtain four parking spaces in the new parking lot on 2nd Avenue West.
3, Award Bid — Rear Loading Refuse Collection Truck & Body
Only one bid was received for a rear loading refuse collection truck. Staff is recommending
the bid be awarded to Tri-State Truck & Equipment of Billings for $132, 662,00,
Larson moved approval of the Consent Agenda. The motion was seconded.
Atkinson asked for clarification on the parking license for the Keno Inn parking lot.
Mayor Kennedy explained this is part of an agreement that was made when the City purchased the
parking lot for redevelopment.
The motion carried unanimously upon vote.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Richard Nelson, 94 Northern Eights Blvd., said he's concerned with the proposed Aspen Creek
Subdivision, stating nothing is being done to mitigate traffic impacts on Three Mile Drive.
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December 6, 2004
Page 1
E. PUBLIC HEARING — BUDGET AMENDMENT
This public hearing addresses a shortfall in the Aquatics Facility Fund.
Mayor Kennedy opened the public hearing.
Proponents
None.
Oj2ponents
None.
Mayor Kennedy closed the public hearing.
F. PUBLIC HEARING — ROADS ANNEXATION
This public hearing addresses the annexation of sections of Granrud Lane, Woodland Avenue,
Woodland Park Drive and Willow Glen Drive.
Mayor Kennedy opened the public hearing.
Proponents
None.
Opponents
None
Mayor Kennedy read a letter submitted by Sally Delby. (Letter is attached and by this reference
is made a part of the official record)
Mayor Kennedy closed the public hearing.
G. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
G/1. ORDINANCE 1517 — SALARY ORDINANCE AMENDMENT — 2ND READING
Ordinance 1517 approves a wage increase for the Kalispell Municipal :fudge and was passed on first
reading November 15th.
Larson moved second reading of Ordinance 1517, an ordinance amending Ordinance No.1506
with respect to the annual salary of the Kalispell Municipal Judge and declaring an effective
date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
Gf2. RESOLUTION 4952 — BUDGET AMENDMENT
Resolution 4952 increases the appropriations and expenditures for the General Fund in the amount of
$48,000 for the Woodland Park Aquatics Park.
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December 6, 2004
Page 2
Atkinson moved Resolution 4952, a resolution to amend the annual appropriations of the City
of Kalispell, Montana, as set forth in the 2004-2005 budget adopted by the City Council. The
motion was seconded.
Patrick gave a staff report.
Hatferrnan stated he was opposed to a public hearing on this issue because he feels the additional
funds should be attainable through review of the budget. He said staff needs to find ways to cut here
and there to save money, adding the City has a budget and the departments should "stay within that
budget". Hafferman said this amount is almost two mills of taxpayers' money that comes out of the
reserves.
Olson asked for a report on whether there may be additional monies corning in because of faulty
equipment. He said he agrees with Hafferman, but added he will go along with the staff s
recommendation to start the pool at a zero deficit next season. Olson stated, however, he is
disappointed that he didn't receive progress reports as requested.
Mayor Kennedy said she believes any faulty equipment was replaced.
Patrick commented if the City is able to "make up ground", the money would be placed back into the
reserves.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, and Mayor Kennedy voting in favor, and Hafferman voting against.
G13. RESOLUTION 4953 — ANNEXATION - ROADS
Resolution 4953 annexes sections of Granrud Lane, Woodland Avenue, Woodland Park Drive and
Willow Glen Drive which are contiguous to the City.
Kenyon moved Resolution 4953, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein, as an annexation, certain roadways containing
platted tracts of land and unplatted land, more particularly described in Exhibit L4A", and
declaring an effective date. The motion was seconded.
Patrick asked for a friendly amendment to the resolution by changing the "0" protest letters received
to "1" protest letter received in response to Delby's written comments.
Kenyon and the second agreed. There was no objection.
Hansz gave a staff report explaining the County deeded these roadways to the City, however, unless
they are annexed they are not recognized as being part of the City by the State. In order to receive
gas tax funds for the roads, they need to be annexed.
Hafferman said that Willow Glen is primarily a county -used road and should remain in the county,
commenting he feels this is an "attempt by some to use annexation of Willow Glen primarily to
surround Greenacres so that annexation will be forced upon these good neighbors".
Hafferman moved that Willow Glen Drive be removed from Exhibit "A". The motion was
seconded.
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December 6, 2004
Page 3
Atkinson stated he's opposed to the amendment because the City is growing in that direction with
the Leisure and Willows subdivisions already a part of the City. He said Willow Glen Drive isn't a
county road any longer and it only makes sense to annex it.
Mayor Kennedy commented the City has spent many hours with homeowners in that area and
annexation wouldn't be a surprise to anyone, She said if the City does decide to move ahead with
annexation of Greenacres in the future, it wouldn't be because of this annexation.
Hafferman asked if that's the case, then would the Council be willing to allow protests and not annex
under the provision of wholly surrounded.
Mayor Kennedy responded right now the discussion of Willow Glen Drive is before the Council, not
Greenacres.
The amendment failed upon roll call vote with Hafferman voting in favor, and Atkinson,
Gabriel, Herron, Kenyon, Larson, Olson, and Mayor Kennedy voting against.
Kenyon commented he hopes the annexation of Willow Glen will be part of a continuing opportunity
to promote and establish a bike path in that part of town.
The main motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, and Mayor Kennedy voting in favor, and Hafferman voting against.
G/4. RESOLUTION 4954 — ANNEXATION — ASPEN CREEK SUBDIVISION
This is a request for annexation of approximately 20 acres located northwest of Kalispell on the
south side of Three Mile Drive, west of Stillwater Road.
Kenyon moved Resolution 4954, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property, as more
particularly described on Exhibit "A" located in Section 11, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, to be known as Johnson Addition No. 356; to zone
said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective
date. The motion was seconded.
Wilson gave a staff report explaining that the planning board recommended denial of a previous
version of this development in April. She said the applicants withdrew the request and redesigned
the subdivision in response to concerns expressed at the planning board hearing. On November 9th,
the planning board held a public hearing on the new proposal and the board recommended approval
of the subdivision with a zoning designation of R-2 with a PUD overlay subject to conditions, one of
which includes a note on the final plat that waives protest to the creation of a special improvement
district for impacts that this subdivision would have to roads in the area. Wilson stated Phase 2
hinges on the completion of Bowser Creek Subdivision Phase 4 which would then give Aspen Creek
Subdivision a secondary access.
Wilson answered questions.
The motion carried unanimously upon roll call vote.
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December 6, 2004
Page 4
G/5. ORDINANCE 1518 — INITIAL ZONING — ASPEN CREEK SUBDIVISION - 1ST
READING
This is a request for an initial zoning designation ofR-2, Single Family Residential, with a Planned
Unit Development overlay on the property listed above.
Atkinson moved first reading of Ordinance 1518, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property as more particularly described on Exhibit "A", located in Section 11,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned
County AG-80, Agricultural) to City R-2 (Single Family Residential), with a Planned Unit
Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded.
Atkinson thanked the planning board and staff for their work on this subdivision, stating there was a
great deal of thought that has gone into it.
The motion carried unanimously upon roll call vote.
G/6. RESOLUTION 4955 — PRELIMINARY PLAT — ASPEN CREEK SUBDIVISION
This is a request for preliminary plat approval of Aspen Creek Subdivision, a 66-lot residential
subdivision consisting of 24 single family lots and 42 lots for two unit townhouses.
Larson moved. Resolution 4955, a resolution conditionally approving the preliminary pat of
Aspen Creek Subdivision, more particularly described as Assessor's Tract 41) located in
Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The
motion was seconded.
Atkinson asked if Phase 2 can be built without the build out of Bowser Creek Subdivision Phase 4.
Wilson said the developers would have to provide an alternative secondary access, which could
potentially go through Phase 1 if the culvert and bridge were upgraded across the creek to two-way
traffic.
Gabriel commended Wilson's work with the developers and the neighbors.
Mayor Kennedy, in response to Richard Nelson's comments concerning Three Mile Drive, said it's
an issue that needs to be addressed and if Kalispell was a charter city it could be looking at impacts.
The motion carried unanimously upon roll call vote.
G/7. RESOLUTION 4956 — PRELIMINARY PLAT — DALEY FIELD LOT 3
This is a request for preliminary plat approval of Lot 3 of Daley Field Subdivision, a 7-lot
commercial subdivision on approximately seven and a half acres located south of Rosauer's on the
west side of Highway 93 South directly across from Kelly Road.
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December 6, 2004
Page 5
Larson moved Resolution 4956, a resolution conditionally approving the preliminary plat of
Lot 3 of Daley Field Subdivision, more particularly described as the Amended Plat of Lot 3 of
Daley Field Subdivision located in Section 20, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana. The motion was seconded.
Wilson explained this is a request by Murcon Development. She said one of the controversies
surrounding the project has been the intersection with Kelly Road and whether a light would be
installed. Wilson said MDOT did some work at the intersection during the reconstruction of
Highway 93, however, they have stated they will not put in a signal. She explained access to the
subdivision would be via an internal roadway and a variance to the roadway standards would be
required. Wilson added the internal roadway would be privately owned and maintained.
Hafferman asked why Kelly Court wouldn't be privately owned also.
Wilson stated the intention is for Kelly Court to be privately owned and the notation on the plat
stating it will be City owned is in error and will be removed prior to final plat approval.
Hafferrnan commented he is in favor of the 40 foot right-of-way for the private roadway and
suggested the issue of right-of-way widths be addressed in the design standards for occasions such as
this.
The motion carried unanimously upon roll call vote.
G/8. RESOLUTION 4957 — ANNEXATION — CITY OF KALISPELL
This is a request by the City of Kalispell for annexation of approximately 1.7 acres of City -owned
property located at the northern tenninus of Western Drive, west of 7th Avenue West.
Kenyon moved Resolution 4957, 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 designated as Western Drive Addition No. 353,
and declaring an effective date. The motion was seconded.
Patrick explained this property is currently being used as a storm water retention area.
Hafferman noted there has been some talk that this property would make a good park, in which case
the 30 foot right-of-way would be fine, however, it wouldn't be fine for much else. He said he
would like to have a discussion on right-of-way widths at a work session.
The motion carried unanimously upon roll call vote.
G/9. ORDINANCE 1519 —INITIAL ZONING— CITY OF KALISPELL —1ST READING
This is a request by the City of Kalispell for an initial zoning designation of R-4, Two -Family
Residential., on the property listed in Resolution 4957.
Kenyon moved first reading of Ordinance 1519, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property described as Assessor's Tracts 9AA, 9B and 913A.A in Section 18,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned
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December 6, 2004
Page 6
County R-1, Suburban Residential) to City R-4 (Two Family Residential), in accordance with
the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded.
Atkinson asked why an R-4 zoning designation is being recommended rather than a P-1.
Wilson said the main reason for the recommendation is that this property is contiguous to R-4 and
leaves some options open on how the property might be developed in the future.
The motion carried unanimously upon roll call vote.
GI10. RESOLUTION 4958 —ANNEXATION —CITY OF KALISPELL
This is a request by the City of Kalispell for annexation of approximately 6.4 acres of City -owned
property located west of the Kalispell City Airport runway and east of the Kalispell wastewater
treatment facility.
Atkinson moved Resolution 4958, 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 designated as Highway 93 South Addition No. 354,
and declaring an effective date. The motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
G/11. ORDINANCE 1520 —INITIAL ZONING —CITY OF KALISPELL —1ST READING
This is a request by the City of Kalispell for an initial zoning designation of I-1, Light Industrial; on
the property listed in Resolution 4958.
Kenyon moved first reading of Ordinance 1520, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property described as Assessor's Tracts 2B and 2F in Section 20, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County I-1,
Light Industrial) to City 1-1 (Light Industrial), in accordance with the Kalispell Growth Policy
2020, and to provide an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
G/12. RESOLUTION 4959 — ANNEXATION — CITY OF KALISPELL
This is a request for annexation of approximately 8 acres of City -owned property located south of
Rawson Field and west of First Avenue West.
Gabriel moved Resolution 4959, 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
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Dccernber 6, 2004
Page 7
particularly described in Exhibit "A", to be designated as 16th Street West Addition No. 355,
and declaring an effective date. The motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
G113. ORDINANCE 1521 — INITIAL ZONING— CITY OF KALISPELL —1ST READING
This is a request by the City of Kalispell for an initial zoning designation of RA-1, Low Density
Residential Apartment, on the property listed in Resolution 4959.
Larson moved first reading of Ordinance 1521, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning
certain real property described as Assessor's Tracts SY in Section 18, Township 28 North,
Range 21. West, P.M.M., Flathead County, Montana (previously zoned County R-5, Two
Family Residential) to City RA- 1(Low Density Residential Apartment), in accordance with the
Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded.
Hafferman said the road going into this property only has a 20 foot easement and he would like to
see a certificate of survey prepared taking another twenty feet out of the City shop area for the future.
The motion carried unanimously upon roll call vote.
G/14. RESOLUTION 4960 — RESOLUTION OF INTENTION AND CALL FOR PUBLIC
HEARING — PRELIMINARY PLAT APPROVAL — CASCADE BUSINESS PARK
A public bearing is scheduled for December 20th concerning a request for preliminary plat approval
of an eight -lot commercial subdivision on approximately I 1 acres located south of Two Mile Drive
and west of the Gateway West Mall.
Atkinson moved Resolution 4960, a resolution of intention to consider the preliminary plat for
Lot 1 of the Amended Plat of Part of the Gateway West Mall Addition No. 34 and directing the
City Clerk to provide notice of this resolution as provided by law, and setting a public hearing.
The motion was seconded.
Wilson explained this subdivision has sat idle for almost three years following a planning board
hearing in 2002. She said the developers, hesitant about upgrading Financial Drive to City
standards, requested a variance to the City road standards as part of the initial subdivision
application. The planning board voted to recommend denial of the variance. Wilson said the issue
was then scheduled to come before the Council, but Cascade Partnership requested it be postponed.
She noted the Community Development Department is now proposing the City assist in the
Financial Drive reconstruction and the developer is requesting Council consider the proposal and act
on the plat request. Wilson stated in order to move the developer's request along, and provide proper
public input, the decision was made to schedule the matter for a public bearing before the Council on
December 20th.
Hafferan stated he believes this project should follow the same procedure as other proposed
subdivisions. He said he would prefer this go through the planning board because it would be
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December 6, 2004
Page 8
interesting to hear the members' comments now compared to when they denied the variance in 2001.
Haffennan said going through the planning board is the proper procedure and he doesn't see any
reason to change the procedure for this proposal.
Wilson said the planning board recommended denial of the variance for Financial Drive and
recommended denial of the waiver for interior sidewalks. She said the planning board didn't require
a redesign of the subdivision, they simply indicated to the developer that full City infrastructure
would be required. Wilson said if the City agrees to partner on the upgrade of Financial Drive, then
that issue would be resolved. She added that in her opinion the developer has addressed the issues
that needed to be addressed and in order not to overly delay the project, staff is recommending a
public hearing be held before the Council to expedite the review time.
Hafferman said the comments by the planning board are very helpful and the Council should rely on
their recommendation, especially if a denial is involved. He said if all of the planning board's
concerns have been met, then the procedure should be a lot simpler. Hafferman said he doesn't think
the procedure should be changed for anyone and what difference would one month make when
"we're talking about this thing coming before the planning board in 2001 ".
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, and Mayor Kennedy voting in favor, and Hafferman voting against.
G115. RESOLUTION 4961— REIMBURSEMENT RESOLUTION — FIRE STATION 62
In order to cover expenses prior to the sale of General Obligation Bonds for the new Fire Hall, the
City needs to adopt a reimbursement resolution.
Atkinson moved Resolution 4961, a resolution relating to financing of certain proposed
projects; establishing compliance with reimbursement bond regulations under the Internal
Revenue Code. The motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
G116. RESOLUTION 4962 — REIMBURSEMENT RESOLUTION — STORM SEWER
PROJECTS
This resolution is necessary to reimburse the City for expenditures made before the bond proceeds
are received for the Storm Sewer Cross Connection Project to correct existing system deficiencies at
I st Avenue East and 2nd Street East, and 4th Avenue West and 7th Street West.
Kenyon moved Resolution 4962, a resolution relating to financing of certain proposed projects;
establishing compliance with reimbursement bond regulations under the Internal Revenue
Code. The motion was seconded.
Patrick gave a staff report.
There was no discussion.
Kalispell City Council Minutes
December 6, 2004
Page 9
The motion carried unanimously upon roll call vote.
G/17. RESOLUTION 4963 — REIMBURSEMENT RESOLUTION — WATER
METERS/HYDRANTS PROJECT
This resolution is necessary to reimburse the City for expenditures trade before the bond proceeds
are received for Phase III of the Water Meters/Hydrants Project which will replace approximately
1700 meters and install 30 to 35 fire hydrants.
Gabriel moved Resolution 4963, a resolution relating to financing of certain proposed projects;
establishing compliance with reimbursement bond regulations under the Internal Revenue
Code. The motion was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
H. MAYOR,/COUNCIL/CITY MANAGER'S REPORTS No Action
Mayer Kennedy announced there will be a community meeting with representatives of HyattPaltna
tomorrow evening from 7,00 to 8:30 p.m. at the Outlaw Inn, with Council members scheduled to
meet with the representatives from 8:30 to 9:30 p.m.
Larson added Council members will be meeting with State legislators from 12:00 to 2:00 p.m. on
Wednesday, December 8th at the Central School Museum.
Olson said he just wants to note that the Flathead Electric Cooperative bill for the City last month
was $47,530.00, adding "isn't that ridiculous".
Patrick announced his entire family has now relocated to Kalispell and he thanked the Council for
giving him the time necessary to move.
I. ADJOURN
The meeting was adjourned at 8:35 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council Minutes
December 6, 2004
Page 10
Sally C. Delby
1740 Woodland Avenue
Kalispell, MT 59901
755-6530
December 3, 2004
To the Kalispell City Council:
�tt.i�`�141.LL 1;11 Y liLl~i;
I own a horn on the corner of Woodland Avenue and Willow Glen, and
I am very much opposed to the proposed annexation of the Willow Glen -Woodland
Avenue corridor for the following reasons:
1. The City of Kalispell currently has areas within city limits that have not been provided
with city amenities (sewer and/or water, curbs and sidewalks, street lights), and yet these
property owners pay city taxes. Why should the city expand its boundaries when it is not
providing properly for those within its boundaries?
2. The City's emergency service providers are already undermanned. While there are
plans for expansion of the fire department, it won't increase prior to the planned
annexation of yet more homes. How do you plan on insuring that your police and fire
departments can handle the extra load? I currently have an excellent volunteer fire
department approximately one mile from my house.
3. We have an acre and a half of land that has a decidedly rural character. We have had
livestock on this property, and intend to do so again in the future. When we purchased it
eighteen years ago, one of the reasons we chose it was because it was not within city
limits, thus allowing us the lifestyle of our choice. We stand to have this freedom taken
away from us if we are annexed.
4. Having a large lot (compared to standard city lots), we are in very literal danger of
being taxed off of our property. As our situation currently stands, our budget could not
handle any substantial increase in real estate taxes. Knowing that the additional taxes
would provide us with no real additional amenities makes it even more difficult.
5. In the annexation of Willow Glen, is the City prepared to spend time and money on
the much -needed safety improvements to this highway?
In summary, I believe that the City of Kalispell cannot properly provide for, equip and
maintain additional areas at this time. As a property owner, annexation will provide me
with very, very little, and yet cost me very, very much, especially if I loop at the
additional cost over the next ten years or so. This is not progress at all.
Thank you for your time and consideration of this matter.
Yours Truly,
Sally C. Delby