1. Council Minutes - Regular Meeting September 3, 2002A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. TUESDAY, SEPTEMBER 3, 2002, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED.
COUNCIL MEMBERS DON COUNSELL, BOB HAFFERMAN, RANDY KENYON, DUANE
LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT.
COUNCIL MEMBER JIM ATKINSON WAS ABSENT.
Also present: City Manager Chris Kukulski, City Attorney Charles
Harball, City Clerk Theresa White, Finance Director Amy Robertson,
Fire Chief Randy Brodehl, Police Chief Frank Garner, Public Works
Director Jim Hansz and Tri-City Senior Planner Narda Wilson.
Mayor Kennedy introduced Rosemary Till, an 8th grader at Cayuse
Prairie School who is working toward her Girl Scout Silver Badge by
helping to run the meeting this evening.
Till 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 August 19, 2002
2. Award Bid - Water Meters
Bids were received from Metron-Farnier and Hughes Supply for
single jet water meters to replace existing worn and
malfunctioning conventional meters. The bid from Hughes Supply
was determined to be non -responsive and staff is recommending
the contract be awarded to Metron-Farnier in the amount of
$320,385.00.
3. Approve Contract - Kalispell Utility Rate Study (Moved to
Agenda Item D/6)
Staff is requesting Council approve a contract with Economic
and Engineering Services, Inc. to perform comprehensive rate
studies for water, sewer and storm drainage in the amount of
$77,593.00.
4. Police Officer Confirmation - Anthony McDonnell
Officer McDonnell has successfully completed his one year
Kalispell City Council Minutes
September 3, 2002
Page 1
probationary period with the Kalispell Police Department and
Council confirmation is required.
5. Council Recognition - Police Promotions
As a result of recent retirements, Greg Burns has been named
Detective Lieutenant, and Officers John Ortiz and Jim Brenden
were promoted to Sergeant of Patrol.
6. Proclamation - Fetal Alcohol Syndrome Awareness Day -
September 9, 2002
Hafferman moved approval of the Consent Agenda. The motion was
seconded.
Larson moved to amend the Consent Agenda by removing item #3, the
Contract Approval for the Kalispell Utility Rate Study, and placing
it as Agenda Item D/6. The motion was seconded.
The amendment carried unanimously upon vote.
The motion as amended carried unanimously upon vote.
STUDENT ISSUES
None
HEAR THE PUBLIC
Mayre Flowers, Citizens for a Better Flathead, said she's concerned
with recent discussions concerning an eastside bypass when the
westside bypass is on record as being the preferred route. She
handed members a document entitled "History of Decisions and
Funding Options Regarding the Proposed LaSalle Road Extension and
the Eastside Bypass." (Document is attached and by this reference
is made a part of the official record)
Jon Cuthbertson, 215 West Montana Street, spoke in favor of Agenda
Item D/3 and Ordinance 1438, said he has a contract with the
Duefler's to purchase the property. He said the original request
was for a zoning designation of B-2, but he would be just as happy
with a zoning designation of R-5.
RESOLUTION 4739 - ANNEXATION REQUEST - WILLIS
Debbie Willis is requesting annexation of approximately one acre of
land located on the south side of Sunnyside Drive and the west side
of Denver Avenue.
Kalispell City Council Minutes
September 3, 2002
Page 2
Larson moved Resolution 4739, 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 known as Willis Addition No. 317;
to zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date. The motion was
seconded.
Hafferman commented he will vote against the annexation because an
extension of services plan has not been provided and there is no
information on whether Denver Avenue will remain a private road
when extended.
Kukulski answered an extension of services plan for this annexation
is not legally required, however, an impact analysis will be
provided for future annexations.
Wilson commented even though it's a private road, Denver Avenue is
being maintained by the City now and the road is slated to become
a City street in the future.
When questioned why the developer is not being required to install
curbs and gutters, Wilson responded that by requiring curbs and
gutters at this time, it would result in a piecemeal approach to
the problem. She said the City has a provision for future upgrades
by requiring a waiver of an SID on the plat.
Kenyon asked Harball to comment on a recent Attorney General's
opinion which states the Council does not have the authority to
make zone changes without a growth policy plan in place.
Harball said the opinion issued is a draft and even though it
appears the "writing is on the wall", he feels the City needs to
move forward as usual until a final opinion is issued.
The motion carried upon roll call vote with Counsell, Kenyon,
Larson, Leistiko, Peters and Mayor Kennedy voting in favor, and
Hafferman and Olson voting against.
ORDINANCE 1437 - INITIAL ZONING - WILLIS - 1ST READING
Willis is requesting an initial zoning designation of R-4, Two
Family Residential, upon annexation of the above described
property.
Kalispell City Council Minutes
September 3, 2002
Page 3
Larson moved first reading of Ordinance No. 1437, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning real property
described as Assessor's Tract 7B located in Section 19, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana (previously
zoned County R-1, Suburban 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 upon roll call vote with Counsell, Kenyon,
Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor,
and Hafferman abstaining.
ORDINANCE 1438 - ZONE CHANGE - DEULFER - 1ST READING
Roy, Michaeli and Amanda Duelfer requested the zoning for 1.69
acres located at the northwest corner of Three Mile Drive and North
Meridian Road be changed from R-3, Residential, to B-2, General
Business. The Planning Board, during its meeting of August 13,
2002, voted four to one to recommend the property be rezoned as R-
5, Residential/Professional Office.
Peters moved first reading of Ordinance 1438, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning real property described
as a portion of Lot 20, Block 1, Northwest Tracts located in
Section 1, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana (previously zoned City R-3, Residential) to City R-
5 (Residential/Professional Office) in accordance with the City -
County Master Plan, and to provide an effective date. The motion
was seconded.
Hafferman questioned why the Council is voting on an R-5
designation without an amended application from the Deufler's. He
said he's in favor of the B-2 zoning because this is a very busy
intersection and he doesn't feel the area is conducive to a
residential development with small children.
Wilson said staff, after evaluating the proposal, found that the
North Meridian Neighborhood Plan designates this area as High
Density Residential and the proposed General Commercial designation
wouldn't comply with the neighborhood plan. She said the developer
intends to build a professional office on the site and the R-5
zoning would accommodate his needs.
Kalispell City Council Minutes
September 3, 2002
Page 4
The motion carried upon roll call vote with Counsell, Kenyon,
Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor,
and Hafferman voting against.
CONDITIONAL USE PERMIT - NORTHRIDGE LUTHERAN CHURCH
Northridge Lutheran Church is requesting a conditional use permit
to expand the existing church by 11,361 square feet.
Mayor Kennedy and Larson disclosed they are members of the Church
but are not involved in the expansion.
Counsell stated his architectural company is designing the project
and he will abstain from the discussion and the vote.
Leistiko moved approval of the Conditional Use Permit for
Northridge Lutheran Church with attached conditions. The motion was
seconded.
There was no discussion.
The motion carried upon roll call vote with Counsell, Hafferman,
Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in
favor, and Counsell abstaining.
RESOLUTION 4740 - RECONSIDERATION OF POLICY STATEMENTS - MASTER
PLAN - WEST VIEW ESTATES
Mark Owens, dba LBO Limited Partnership, has redesigned the
proposed development plans for West View Estates in response to
issues raised by neighbors, the Planning Board and the City
Council.
Larson moved Resolution 4740, a resolution amending the adoption of
a recommended amendment to the Kalispell City -County Master Plan.
The motion was seconded.
Hafferman said as he stated at an earlier meeting, he believes he
was in error when he voted in favor of the 100 foot setback along
West Reserve Drive between the roadway and the development. He said
setbacks and plan details should not be part of a master plan
amendment, but should instead be addressed during the annexation
process. Hafferman said he will vote in favor of the resolution,
but he believes the procedure is wrong.
Wilson outlined the major changes in the proposal.
Kalispell City Council Minutes
September 3, 2002
Page 5
The motion carried unanimously upon roll call vote.
CONTRACT APPROVAL - KALISPELL UTILITY RATE STUDY (Moved from the
Consent Agenda)
Larson moved Council approve the contract with Economic and
Engineering Services of Bellevue, Washington in the amount of
$77,593.00 to perform comprehensive rate studies. The motion was
seconded.
Kukulski and Hansz outlined the procedure.
Hafferman said he has several questions for the consultants
concerning the rate study and he provided members with written
comments and concerns. (Memo is attached and by this reference is
made a part of the official record)
Kukulski assured Hafferman and the other Council members that
meetings will be scheduled with the consultants to answer any
questions they may have.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski announced the Parks and Recreation Office is in its new
location at 35 1st Avenue East.
Chief Brodehl invited everyone to a 9-1-1 Memorial Service in front
of the Fire Department starting at 7:45 September llth.
ADJOURN
The meeting was adjourned at 8:18 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council Minutes
September 3, 2002
Page 6