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1. Council Minutes - Regular Meeting March 17, 2003A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 17, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT 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 Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Police Chief Frank Garner, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Administrative Coordinator Pati Heath and Tri-City Director Tom Jentz. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting March 3, 2003 2. Award Bid — 2003 Aerial Photography and Mapping Update Project Three proposals were received to update and enlarge the City's photographic base mapping system, which forms the basis for the City's utility and street mapping system. Horizons, Inc. bid $34,350.00, Aero-Metric, Inc. bid $44,200.00 and Western Air Maps, Inc. bid $69,800.00. Staff recommended the bid be awarded to Horizons, Inc. Larson moved approval of the Consent Agenda. The motion was seconded. Hafferman read a written statement asking for feedback from the Council on the Aerial Photography and Mapping Project. (Statement is attached and by this reference is made a part of the official record) Olson moved to remove the bid award for the mapping project from the Consent Agenda and place it on the main Agenda as Item F/10. The motion was seconded. There was no discussion. The amendment carried upon roll call vote with Counsell, Hafferman, Larson, Olson, Peters and Mayor Kennedy voting in favor, and Atkinson, Kenyon and Leistiko voting against. The main motion as amended carried unanimously upon vote. OATH OF OFFICE — KALISPELL YOUTH ADVISORY COUNCIL Twenty-seven members of the newly -established Kalispell Youth Advisory Council were sworn in by Mayor Kennedy. Elected officers are Valerie Tutvedt as Mayor, Kevin Nalty, Lieutenant Mayor, Kalispell City Council Minutes March 17, 2003 Page 1 Ryan Nalty, Communications Director and Shane Bitney-Crone, Recorder. STUDENT ISSUES Valerie Tutvedt, 2335 West Valley Drive, read the Youth Advisory Council's mission statement, addingfit's the council's goal to start similar organizations in Whitefish, Columbia Falls and Bigfork for a valley -wide voice. Ryan Nalty, 181 Riverview Drive, thanked the Council and Mayor Kennedy for their support, stating the Youth Advisory Council is the first in the state. HEAR THE PUBLIC Linda Torgerson, 669 South Foys Lake Drive, stated she owns four pieces of property in the City limits, yet she votes in the County because that is where she resides. She said two of the members on the Parking Commission do not reside in the City and yet are allowed to sit on the board. She said those two members are not legal members, and because of that, the recent decision by the board not to renew Parking Commission Director John Harper's contract should be deemed null and void. ORDINANCE 1446 — WARD BOUNDARIES ADJUSTMENT — 2ND READING Every ten years following the federal census cities are required to examine voter wards to determine whether they are fairly proportioned. The Tri-City Planning Office has examined the Census 2000 block data and Ordinance 1446 adjusts the ward boundaries to be consistent within two percent. Ordinance 1446 passed on first reading March 3. Leistiko moved second reading of Ordinance 1446, an ordinance amending Section 6-1 of the Kalispell City Codes (Ordinance No.1341) by re-establishing the boundaries of the wards of the City. The motion was seconded. Peters asked if the Council can instigate ward changes, or is the redistricting only allowed following the official census every ten years. Harball answered the Council can call for its own census if it chooses. The motion carried unanimously upon roll call vote with all members present. RESOLUTION 4776 — ANNEXATION REQUEST — LEISURE HEIGHTS SUBDIVISION Wind River Development Corporation is requesting annexation of approximately 32 acres located on the east side of Willow Glen Drive, southwest of Leisure Drive. Leistiko moved Resolution 4776, 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 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Leisure Heights Addition No. 322; 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. Kenyon said he was very interested in the proposed trail from Four Corners north to Woodland and asked if this is optimistic or imminent. Kalispell City Council Minutes March 17, 2003 Page 2 Jentz said the two biggest limitations to the trail are right-of-way and funding. He said the primary ownership of right-of-way is almost entirely the County's, adding the funding for the trail would come from seed money to be used as a match for CTEP funds. Jentz said he's confident the trail could be a reality in the next two to three years Hafferman read a written statement stating the extension of services plan fail to address some very vital concerns. (Statement is attached and by this reference is made a part of the official record) Counsell asked if the entire road system will be developed in Phase I with access to Leisure Drive and Honeysuckle Lane. Jentz explained each phase has to stand on its own; however, a road will be connected to Leisure Drive in Phase I and will be developed to City standards. Counsell asked about the widening of Willow Glen Drive. Jentz said one of the conditions in the preliminary plat requires a ten -foot right of way be reserved on the east site of Willow Glen Drive. Atkinson commented that in the City, fire trucks not only have access to residences from the street, but also from the alley. He said he notices there are no alleys in the subdivision and asked if there is a way to reach the back of the lots. Jentz explained that alley designs haven't been done with traditional residential developments in the past twenty to thirty years. He said the fire department reviews the plats and determines whether street access and water pressure is adequate. Olson stated Willow Glen will have to be upgraded before it can handle more traffic. He asked if that is being taken into consideration. Jentz said the 1993 preliminary design calls for widening the traveling surface and adding shoulders. Leistiko asked how much of Willow Glen is the City responsible for. Jentz answered the entire length of Willow Glen is part of the State highway system. Peters asked why the Willows subdivision wasn't required to provide part of the pedestrian trail. Jentz said at the time of the Willows, the "vision" wasn't there for a pedestrian trail. He explained, however, that the Willows subdivision did include a requirement for a twenty -foot landscaped area that was not fully completed. Jentz said the hope is now that it will be completed with a path. Hafferman said one of the points he was trying to make is that all of this information should have been included in the extension of services plan. He said the Council shouldn't have to ask all of these questions at a meeting. Hafferman moved the Council table Resolution 4776 until such time the extension of services plan is corrected and updated, which should be by April 7. The motion was seconded. There was no discussion. Kalispell City Council Minutes March 17, 2003 Page 3 The motion to table failed upon roll call vote with Hafferman, Kenyon and Olson voting in favor, and Atkinson, Counsell, Larson, Leistiko, Peters and Mayor Kennedy voting against. Peters asked for a work session to discuss how the Council deals with developers, adding the City needs a better system to handle these questions rather than hashing them out during meetings. Mayor Kennedy suggested Peters bring up the issue during the Reports section at the end of the meeting. The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Peters and Mayor Kennedy voting in favor, and Hafferman and Olson voting against. ORDINANCE 1448 — INITIAL ZONING — LEISURE HEIGHTS SUBDIVISION — 1ST READING Wind River Development Corporation is asking for an initial zoning designation of R-2, Single Family Residential, for the property listed above. The area is currently zoned County R-2, Single Family Residential. Atkinson moved first reading of Ordinance 1448, 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 Leisure Heights Addition No. 322 and further described on Exhibit "A" located in Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-2, Single Family Residential) to City R-2 (Single Family Residential) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Hafferman said he will be voting against the ordinance, not because he doesn't agree with the zoning designation, but because he doesn't feel the City should be annexing this property at this time. 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 4777 — PRELIMINARY PLAT APPROVAL — LEISURE HEIGHTS SUBDIVISION Wind River Development Corporation also requested preliminary plat approval of Leisure Heights, a 67-lot residential subdivision to be developed in three phases over a period of five or six years. Kenyon moved Resolution 4777, a resolution conditionally approving the preliminary plat of Leisure Heights Subdivision, more particularly described on Exhibit "A", in Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Larson asked how the pedestrian trail will be affected if Willow Glen is widened in the future. Jentz said typically pedestrian paths are placed at the farthest edge on the right-of-way and he doesn't think the improved two-lane that's proposed will affect it. Hafferman stated the existing regulations require that all new development pursuant to annexation which further impacts the existing or proposed streets will be subject to conditions of approval intended to mitigate these impacts. He said a traffic analysis is also required for every road handling Kalispell City Council Minutes March 17, 2003 Page 4 over three hundred cars a day. Hafferman said we are not following our own regulations. Peters said condition number five requires cash in lieu payment equivalent to the cost of landscaping be placed in a fund to provide a contribution for a match for a bike and pedestrian trail. He said he's skeptical that cash in lieu of landscaping will cover the cost of building a pedestrian trail. Jentz explained the dollars used to construct a pedestrian trail along this subdivision could be used to match a larger project through CTEP funds. He said they're trying to create a larger path system by getting matching monies. Kukulski commented the Council continues to comment on the condition of Willow Glen Drive, and Hafferman even remarked that the City is not following its regulations for street upgrading. He emphasized the City has no authority to require upgrades to Willow Glen Drive, however, all of the streets in the subdivision, including Leisure Drive, will be upgraded to City standards, including a storm water system, sidewalks and street lights. Hafferman stressed that the regulations require all mitigating circumstances be identified, including state highways and county roads. He said at this time, the Council has no idea what the impacts on existing roads will be. Larson said condition number three requires that a traffic analysis be conducted and mitigation measures identified and implemented prior to final plat approval. He said that should satisfy any regulations mentioned by Hafferman. 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. PRELIMINARY PLAT EXTENSION — SUBDIVISION 182 Jeff Larson, on behalf of Robert Rinke, has requested a one-year extension to the preliminary plat of Subdivision 182, a four -lot residential subdivision located on the east side of 5th Avenue East, north of 18th Street East. Larson moved the Council grant a one-year extension to the preliminary plat approval of Subdivision No. 182 as outlined in Resolution 4529. The motion was seconded. Kukulski gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4778 — TRANSFER OF ASSETS —VILLAGE COUNTY SEWER DISTRICT In 1982, the City agreed to accept sewerage from the Village County Sewer District into its system. The City has now been notified that all debts in relation to the District have been retired and the District is electing to transfer its assets to the City. Leistiko moved Resolution 4778, a resolution to accept the transfer of ownership of the physical plant and other assets of the Village County Sewer District and to assume all rights and obligations of the sewer district. The motion was seconded. Kalispell City Council Minutes March 17, 2003 Page 5 Kukulski gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote. SEWER SERVICE REQUEST — KELSEY SUBDIVISION Kelsey Subdivision, located on the north of East Reserve Drive, about a half -mile east of Highway 2, was approved by the County Commissioners on February 15, 2000. Ed Engel, on behalf of Andrew Farris, has requested the City provide sewer service to the subdivision through the Evergreen Sewer District. Atkinson moved the City Council deny the request from Ed Engle, on behalf of Andrew Farris, for sewer service to Kelsey Subdivision using the Evergreen Sewer District System. The motion was seconded. Hafferman asked for a clarification on the number of lots affected by the request. Jentz said of the thirty-three lots in the subdivision, five lots are already in the sewer district, leaving 28 lots that require Council approval to connect to the Evergreen sewer system. Hafferman said the only answer the Council can give is no because the City can't annex it. The motion to deny the sewer service request carried unanimously upon vote. PROPOSED AMENDMENTS — TRI-CITY PLANNNING OFFICE INTERLOCAL AGREEMENT The Tri-City Planning Board has proposed two amendments to the current Interlocal Agreement. The Interlocal Agreement requires all three city councils to authorize any amendments before they become effective. Leistiko moved the Council accept the proposed amendments to the Tri-City Planning Office Interlocal Agreement. The motion was seconded. Kukulski gave a staff report and answered questions. The motion carried unanimously upon vote. RATIFY INTERLOCAL AGREEMENT — CITY OF KALISPELL AND MONTANA DEPARTMENT OF TRANSPORTATION The Environmental Protection Agency has named Kalispell and the Montana Department of Transportation to participate in a Storm Water Phase II program. It has been determined that it would be beneficial to both the City and MDT if a joint application is made. To make a joint application, an interlocal agreement is required. Leistiko moved the Council ratify the City of Kalispell and Montana Department of Transportation Phase II Storm Water Permit Interlocal Agreement. The motion was seconded. Kukulski gave a staff report. Kalispell City Council Minutes March 17, 2003 Page 6 Kenyon asked if there could be any problems working with MDT. Hansz said there's always a possibility that something would happen that prevents MDT from getting us information in a timely manner. He added, however, if that happens MDT would incur the cost of any penalties. The motion carried unanimously upon roll call vote. AWARD BID — 2003 AERIAL PHOTOGRAPHY AND MAPPING UPDATE PROJECT (moved from Consent Agenda) Leistiko moved the Council award the contract for the 2003 Aerial Photography and Mapping Project to Horizons, Inc. in the amount of $34,350.00. The motion was seconded. Hafferman reiterated that he feels at this time, the new mapping is not needed and the City could use the $34,000 for a more critical need. Hansz disagreed, stating the City's photograph base mapping system is the backbone of the Public Works Department's engineering and design system. He said the present data is approaching ten years old and is seriously out of date due to the aggressive development that has taken place over that time. Hansz said the updated map is crucial for conscientious and comprehensive planning and for responding to developers who request information in a certain area. Hansz said without question, the money could be used for other important items, but it would be difficult to find another item that would be used as frequently and with greater benefit than this mapping system. Leistiko commented that a lot of people can't read a map when looking at projects, but they can look at a picture. Peters said on the surface he agrees with Hafferman because of the cost, but he's been convinced because Hansz feels it's this important. The motion carried upon vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Peters asked for a work session to review how the City handles developers' requests. Leistiko suggested an appendix be added to the growth policy plan outlining everything that is expected from a developer. Larson said along the same lines, a couple of months ago Hafferman presented the Council with a proposal designed to evaluate whether an annexation is cost effective for the City. He said he thought Hafferman had some good suggestions in that proposal and suggested it be incorporated into the work session discussion. Kukulski said staff wants to discuss the extension of services plan with the Council and he will set it for a work session as soon as possible. He said unfortunately there are a lot of items that need to be discussed and maybe the Council should consider adding additional work sessions to the schedule. Kalispell City Council Minutes March 17, 2003 Page 7 Olson said speaking strictly for himself; he would like to see us pull all foreign aid from countries who are not partnering with us in our world problems. ADJOURN The meeting was adjourned at 8:40 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes March 17, 2003 Page 8 Consent agenda - MAPPING BID (BobHafferman) I would like some feedback from the council on the mapping project. We have recently been presented with a very good Power Point Demonstration by the Public Works Department that included sufficient information that paints a picture of this cities necessary needs. This current budget project for $34,350 would be nice. But, it does nothing toward installing badly needed fire hydrants, eliminating storm and groundwater from our sewer lines, chip seal or overlay any of our streets, add one dime into a vehicle replacement fund or slip line one foot of sewer lines in need of rehabilitation. I wonder how this council would fit this mapping project into a priority list when compared to what we now know needs to be done, some projects nearing dire need? I believe we can easily get along with 10-year, or older, maps and if the area needs enlargement the city can do like some engineering practitioners - used the information available on the internet. The city also employs people fully capable of performing site specific surveys, which is usually needed anyway. Maybe we should NOT award this bid and better use the money to help fund some of our dire needed projects. In light of the recent, good information, the $34,000+ money could be kept in the bank for higher priority projects. We should now realize from the recent meeting on Streetscape that once we authorize signing the contract, there is no turning back. Annexation and zoning request - LEISURE HEIGHTS SUBDIVISION (Bob Hafferman) The Extension of Services Plan submitted by Tri-cites Planning fails to address some very vital conditions that exists. Following are my concerns for this annexation request. 1. On October 7, 2002, by a 6-2 vote with one abstention, this council annexed the portion of Willow Glen Drive that abuts this annexation request. We have all received letters from Neighbors Together, Inc., concerning the safety aspects of this road. What is the city taxpayer's obligation toward paying for rehabilitation of this portion of Willow Glen since it is now annexed? 2. Our Growth Policy lists Willow Glen as a minor arterial. My copy of the 1996 Design and Construction Standards does not show the width of right-of-way for a minor arterial. Is there sufficient existing width of right-of-way to accommodate a minor arterial? 3. On February 4, 2002, this council placed a condition on a preliminary plat for a project along Whitefish Stage Road that required the developer to upgrade Granrud Lane to city standards and install sidewalks along BOTH SIDES of Granrud Lane, a road outside but abutting the project area, just like Willow Glen of this project. In the Whitefish Stage development, there was already a walkway/bike path abutting the project along Whitefish Stage. A walkway/bike path should be addressed in the Extension of Services Plan for this project. 4. Page 20, paragraph 4, of our existing overall Extension of Services Plan reads (read). This should be addressed in this specific Extension of Service Plan for this annexation request. 5. Page 9, last paragraph, of the general Extension of Services Plan reads (read). This item, in my opinion, should be in the site -specific Extension of Services Plan if for no other reason than to alert the developer that this will be a requirement necessary for preliminary plat approval. 6. The Extension of Services Plan for this project does not address the !.5 mile radius from our fire station. Is this project within this radius even though the travel distance may be greater? 7. The Extension of Services Plan for this project used 152.39 mills and full build -out as the revenue projection. The infrastructure and services addressed only has a mill assessment of 88.89 mills. The other 39.50 mills is for insurance, retirement and the swimming pool. However, when I fill in the blanks similar to the example I gave to this council and city manager, it appears to me that this project would probably pay its way if all existing city requirements are met. 8. 1 would think that all department heads should be clamoring to document their personnel and equipment needs with each annexation. That way the council cannot claim ignorance when the budget request is made for addition front line personnel and equipment. 9. The Extension of Services Plan, specific for ANY annexation, should be included as an EXHIBIT as part of the Resolution so FUTURE research and reference is simplified. It is my opinion, and I will vote accordingly, that this annexation and initial zoning request be deferred for consideration until such time as the Extension of Services Plan for this request is corrected and updated to such an extent that the council will have a basis to make an informed decision. This could easily be accomplished by the next meeting. Verbal changes tonight can be lost in the shuffle. I have only given cursory examination to the preliminary plat, but the layout certainly looks like a good development. But that isn't the question before us right now.