1. Council Minutes - Regular Meeting December 16, 2002A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, DECEMBER 16, 2002, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR 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 Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy
Robertson, Public Works Director Jim Hansz, Police Chief Frank Gamer, Parks Director Mike Baker
and Tri-City Senior Planner Narda Wilson.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
AGENDA APPROVAL
Leistiko moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with all members present.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting December 2, 2002
2. Award Bids — 2003 Police Utility Vehicle/2003 Police Pursuit Unit
DePratu Ford was the only dealer to bid on these two vehicles. The bid for the pursuit
unit was $22,280.00 and the bid for the utility vehicle was $26,166.36. Staff is
recommending Council accept both bids from DePratu Ford.
Award Bid — Dump Truck with Plow and Sander
A total of six bids were received for this truck. One bid was faxed and determined to be
non -responsive. The other four bids were responsive; however, only two were within the
available budget. Western Start Trucks bid $71,765.00 with Missoula Truck Sales
bidding $76,995.00. Staff is recommending Council award the bid to Western Star
Trucks of Helena.
4. Council Recognition — Fire Department Retirement
Arvin (Teck) Mower is retiring December 31 following more than 30 years of service to the
City of Kalispell.
Leistiko moved approval of the Consent Agenda with the addition of a Proclamation entitled
"You Drink. You Drive. You Lose." The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with all members present.
STUDENT ISSUES
Mayor Kennedy presented a Certificate of Achievement to Zoe Nelson, a Flathead High School
Sophomore, who took first place in the Foot Locker Cross County Championships National Finals in
San Diego on December 14.
Kalispell City Council Minutes
December 16, 2002
Page 1
HEAR THE PUBLIC
Don Garberg, 129 Bing Court, a member of the Kalispell Business Owners Association, said a
recent poll of members shows that business owners would like to see the LaSalle extension built as
soon as possible and the remainder of the Streetscape project placed on hold.
Nina Wickersham, 7599 Greenridge Drive, said she is a member of Neighbors Together, Inc. stating
safety upgrades to Willow Glen and Conrad Drive must come before the LaSalle extension.
Pauline Sjordal, 234 3rd Avenue West, announced that the theme for this year's First Night Flathead
is "Travel Through Time". She invited everyone to attend and asked the Council for its support by
volunteering to help.
RESOLUTION 4760 — ACCEPTANCE OF KALISPELL FACILITY PLAN
This resolution formally adopts the facility plan which includes development of comprehensive
models of the water, sewer and storm drainage systems.
Atkinson moved Resolution 4760, a resolution to approve and adopt the City of Kalispell
Water, Sewer and Storm Drainage Facility Plan as finalized July, 2002. The motion was
seconded.
Hansz provided the Council with some background information and introduced Dave Clark from
HDR Engineers who gave a Power Point presentation summarizing the analysis and concluding that
the capital improvements included in the recommended plan amount to approximately fourteen
million dollars.
Leistiko asked if this information has been incorporated into the city's proposed growth policy plan.
Hansz answered the intent is to incorporate as much information as necessary, but this is an
extremely technical document and contains a lot more detail than you would typically find in a
growth policy plan.
The motion carried unanimously upon roll call vote with all members present.
ORDINANCE 1441— INITIAL ZONING — MAKLOSKI — 2ND READING
Makloski is requesting a zoning designation of City B-2, General Business, upon annexation of the
above -mentioned property. Currently the property is zoned County B-2, General Business.
Ordinance 1441 passed on first reading December 2.
Larson moved second reading of Ordinance 1441, 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 Assessor's Tract 7CF located in Section 20,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned
County B-2, General Business) to City B-2 (General Business), in accordance with the City -
County Master Plan, and to provide an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all members present.
Kalispell City Council Minutes
December 16, 2002
Page 2
RESOLUTION 4761 — ANNEXATION REQUEST — GLACIER VILLAGE GREENS
PHASES 14 THROUGH 22
Owl Corporation has requested annexation of approximately 29 acres on the north side of Glacier
Village Greens Golf Course to be platted as Glacier Village Greens Phases 14 through 22.
Counsel] moved Resolution 4761, 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 as Glacier Village Greens Phases 14 through 22, a portion of Assessor's
Tracts 1+ and 2A+ in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead
County, Montana, to be known as Glacier Village Greens Phases 14 through 22 Addition No.
320; to zone said property in accordance with the Kalispell Interim Zoning Ordinance, and to
declare an effective date. The motion was seconded.
Hafferman said he will vote in favor of the annexation for the following reasons: 1) it follows the
zoning in the area; 2) it provides a quality development for people moving into the valley, and; 3) the
extension of services plan provided him with confidence that annexing this property will not result in
an increase in taxes or fees.
The motion carried unanimously upon roll call vote with all members present.
ORDINANCE 1442 — INITIAL ZONING — GLACIER VILLAGE GREENS PHASES 14
THROUGH 22 -1ST READING
Owl Corporation is requesting an initial zoning designation of R-4, Two -Family Residential, for the
above mentioned property which is currently zoned County R-5, Two -Family Residential.
Leistiko moved first reading of Ordinance 1442, 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 Glacier Village Greens Phases 14 through 22 located
in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana
(previously zoned County R-5, Two -Family Residential) to City R-4 (Two -Family Residential),
in accordance with the City -County Master Plan, and to provide an effective date. The motion
was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all members present.
RESOLUTION 4762 — PRELIMINARY PLAT — GLACIER VILLAGE GREENS PHASES
14 THROUGH 22
This is a request for preliminary pLat approval of the 177-lot subdivision which plats the remaining
phases of the Glacier Village Greens development intended for single-family homes and townhouses.
Peters moved Resolution 4762, a resolution conditionally approving the preliminary plat of
Glacier Village Greens Phases 14 through 22, more particularly described as Assessor's Tracts
1+ and 2A+ in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana. The motion was seconded.
Atkinson commented there was a lot of discussion with the Planning Board relative to the one road
in and out of the subdivision. He said a compromise was reached with a twenty foot easement that
will be signed as "emergency access only" for fire truck usage. Atkinson said there was also
Kalispell City Council Minutes
December 16, 2002
Page 3
discussion concerning the vegetation near the river and the Board determined it felt comfortable with
how the developer plans on handling the re -vegetation.
Hafferman moved to change the word "insure" in Condition #4 to "pertaining to". He said an
investigator cannot "insure" stability, but can only make recommendations based on findings.
The motion was seconded.
There was no discussion.
The amendment carried unanimously upon vote. Condition #4 will now read: "That a
geotechnical analysis of the slope areas to the north and to the west of the proposed subdivision
be performed pertaining to the stability of the slope and identifying any potential for failure
due to development of the subdivision or other construction that might occur. The report shall
be submitted to the Kalispell Public Works Department for their review and approval."
Kenyon said he is concerned about the re -vegetation of the area near the river and Condition # 14
which states: "All areas disturbed during development of the subdivision shall be re -vegetation with
a weed -free mix immediately after development". He said he doesn't feel this wording is strong
enough.
Kenyon moved to amend Condition #14 to read: "All areas disturbed during development of
the subdivision shall be re -vegetated immediately after the development according to the
Montana Department of Conservation and Montana Fish & Wildlife's best management
practices." The motion was seconded.
Peters said even though he agrees in theory with Kenyon's motion, he read the Planning Board's
minutes and he's not sure Kenyon's wording is what's needed.
Hafferman stated the regulations are being followed with a twenty foot setback in relationship to the
stream and the City shouldn't be imposing any additional regulations that aren't definitive.
Counsell said unless the Council specifies the area for re -vegetation, the motion sounds like it covers
the entire development.
Peters commented he would like a clarification of what the Department of Conservation's
regulations are.
The amendment failed upon vote with Kenyon voting in favor and Atkinson, Counsell,
Hafferman, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting against.
There was further discussion concerning the access road.
The motion as amended once carried unanimously upon roll call vote with all members
present.
RESOLUTION 4763 - MMIA WORKERS' COMPENSATION RISK RETENTION
PROGRAM AGREEMENT
This resolution authorizes the City to execute an Amended Revised and Restated Program
Agreement for the Workers' Compensation Insurance program through the Montana Municipal
Insurance Association.
Kalispell City Council Minutes
December 16, 2002
Page 4
Larson moved Resolution 4763, a resolution authorizing the adoption and execution of the
Second Amended Revised and Restated Workers' Compensation Risk Retention Program
Agreement entered into between the Montana Municipal Insurance Authority and the City of
Kalispell dated as of December 1, 2002; and authorizing that the adoption and execution of any
amendment thereto may be made by motion. The motion was seconded.
Leisfiko, a member of the MMIA Board, explained why the changes are necessary.
The motion carried unanimously upon roll call vote with all members present.
RESOLUTION 4764 — MMIA LIABILITY INSURANCE COVERAGE PROGRAM
AGREEMENT
This resolution authorizes the City to execute an Amended Revised and Restated Program
Agreement for the Liability Insurance program through the Montana Municipal Insurance
Association.
Atkinson moved Resolution 4764, a resolution authorizing the adoption and execution of the
Second Amended Revised and Restated Liability Insurance Coverage Program Agreement
entered into between the Montana Municipal Insurance Authority and the City of Kalispell
dated as .of December 1, 2002; and authorizing that the adoption and execution of any
amendment thereto may be made by motion. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with all members present.
RESOLUTION 4765 — POLICE DEPARTMENT HIDTA GRANT
Larson moved Resolution 4765, a resolution accepting a High Intensity Drug Trafficking Area
(HIDTA) Grant to fund overtime related to drug investigations by the Kalispell Police
Department. The motion was seconded.
Garner gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote with all members present.
FINAL PLAT — NORTHVIEW HEIGHTS
This is a request for final plat approval of Northview Heights Phase I which plats 122 lots on
approximately 9 acres of land south of Meadowland Subdivision and west of Garland Street on the
north side of Three Mile Drive.
Leistiko moved Council approve the final plat for Northview Heights Phase I and accept the
Subdivision Improvement Agreement. The motion was seconded.
Kukulski gave a staff report explaining the preliminary plat was approved by Council on June 3,
2000.
Atkinson commended that the developer for his plan to extend North Riding Road, creating a
connected road system.
Kalispell City Council Minutes
December16,2002
Page 5
The motion carried unanimously upon vote with all members present.
RESOLUTION 4766 — FINAL PLAT — BITTERROOT HEIGHTS
This is the final plat for Bitterroot Heights, a one -lot subdivision containing 7.56 acres and located
on the north side of Three Mile Drive, south of Meadowland Subdivision and west of Garland Street.
Peters moved Resolution 4766, a resolution approving the fmal plat of Bitterroot Heights,
described as Assessor's Tract 6 located in Section 1, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana. The motion was seconded.
Kukulski explained this is another phase of the same development.
There was discussion as to the location of this subdivision in conjunction with Northview Heights.
The motion carried unanimously upon roll call vote with all members present.
RESOLUTION 4767 — RESOLUTION OF INTENT — KALISPELL GROWTH POLICY
This resolution sets a public hearing date of January 13, 2003 for comments on the Kalispell City
Growth Policy.
Atkinson moved Resolution 4767, a resolution of intention to adopt, revise or reject the
recommended Kalispell City Growth Policy and to call for a public hearing.
Kukulski made the following statement for the record: "I would like to state clearly for the record
that the City Council's consideration this evening to schedule a public hearing on the anticipated
growth policy is NOT an attempt to preempt the Planning Board and their process. The Planning
Board has developed a schedule for completion of the growth policy and anticipates presenting the
document to the City Council on December 30, 2002. The body of the growth policy has been
available to the public for over two weeks and all of the appendixes were completed on December
13, 2002. 1 would also like to remind the Council and the public that the scheduled public hearing
on January 13, 2003 is to accept public comment. Once the public hearing has been held, then the
City Council will have a gauge of whether they are likely to adopt the growth policy within weeks or
will need to set aside additional workshops. Please remember that the community has spent over
five years working on this project and the City Council spent nearly 12 months over the past two
years drafting the growth policy, therefore, I think that it is incorrect to say the City is "fast -tracking"
the project. Because of a recent Attorney General's opinion of which Kalispell requested, it is
essential that we get a growth policy in place. If for some reason the Planning Board does NOT pass
the growth policy onto the City Council on December 30th, then the public hearing before the City
Council WILL be postponed. If this evening's resolution is adopted, I will read this same memo into
the record tomorrow evening during the Planning Board's public hearing in order to clarify why the
City Council has scheduled their public hearing."
Hafferman said he hasn't seen the draft copy of the growth policy, but from what he has heard,
"there is an abundance of unnecessary verbiage." He said there will always be things in the policy
that someone doesn't like and the Council could spend endless meetings arguing for change,
however, as long as there is a clear-cut method of amending the document he would like to see the
Council rely on the Planning Board's decisions and move this growth policy along as fast as
possible.
Leistiko agreed, but would like clarification that the City Council will not act until the Planning
Board has finished with the document.
Kalispell City Council Minutes
December 16, 2002
Page 6
Leistiko moved an amendment to the resolution by adding Section IV to read: "The public
hearing will be rescheduled if the Growth Policy Plan is not presented to the City Council it its
entirety on December 30, 2002. The motion was seconded.
Mayor Kennedy asked Harball to comment.
Harball said if it increases the Council's "comfort level", then the amendment could certainly be
made, however, the Council can postpone the hearing at any time it chooses.
Leistiko said he would feel more comfortable with the amendment since the Planning Board isn't
holding its public hearing until tomorrow evening, with the intention of accepting comments until
December 24.
Counsell agreed, stating there would be no question of the Council's intent with the amendment.
Kenyon also agreed, adding the Council doesn't want to go on the assumption that it will be done as
scheduled and it's important that the Planning Board doesn't feel pressured.
Hafferman said the date of December 30th isn't cast in stone. He said the Council could still hold
the public hearing even if it didn't get the document until later.
Larson commented he will support the amendment but doesn't feel it's necessary because the
Council's intent has always been to make sure the Planning Board has plenty of time to work on the
document and if necessary, the Council would postpone the hearing.
The motion carried upon vote with Atkinson, Counsell, Kenyon, Larson, Leistiko, Peters and
Mayor Kennedy voting in favor, and Hafferman and Olson voting against.
There was no further discussion.
The motion as amended carried unanimously upon roll call vote with all members present.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Mayor Kennedy announced Bill Hale from AT&T will be retiring from televising the Council
meetings and thanked him for all of his years of service.
Kukulski commented the Facility Plan and the Growth Policy are the two most fundamental
documents the Council will adopt and thanked everyone for their hard work on the documents.
ADJOURN
The meeting was adjourned at 8:45 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council Minutes
December 16, 2002
Page 7