07/19/04 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, JULY 19, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KART GABRIEL, BOB HAFFERMAN, BOB HERRON,
RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE
PRESENT.
Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa
White, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director
Mike Baker, Police Chief Frank Garner, and Public Works Director Jim Hansz.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Gabriel moved approval of the Agenda with the removal of Agenda Item Fla (Resolution 4913
— Final Plat for Gateway West Mall Addition i#34). The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
I . Council Minutes --- Re ular Meetin — July 6 2004
2. Pledged Securities as of June 30 2004
3. Ordinance 1502 — Initial Zoning — Les & Barbara Price — 2nd Reading
The Prices have requested an initial zoning designation of B-1, Neighborhood Buffer
District, for approximately .446 of an acre located on the west side of Meridian Road, south
of Center Street. Ordinance 1502 passed on first reading July 6th.
4. Ordinance 1503 — Initial Zoning — Tina & Kay Knoll — 2nd Reading
The Knolls are requesting an initial zoning designation of R-4, Two Fancily Residential for
approximately I acre located on the east side of Denver Avenue north of Bluestone.
Ordinance 1503 passed on first reading July 6th.
Ordinance 1504 — Initial Zoning ---- Bowser Creek Estates — 2nd Reading
Russell Purdy has requested a zoning designation of R-2, with a PUD overlay, for
approximately 31 acres located northwest of Kalispell on the southwest corner of Three Mile
Drive and Stillwater Road. Ordinance 1504 passed with amendments on first reading July
6th.
Atkinson moved approval of the Consent Agenda. The motion was seconded.
Hafferman moved that ##4, Ordinance 1503, be removed from the Consent Agenda and placed
on the main Agenda as item F17. The motion was seconded.
The ]motion carried on a vote of eight to one.
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July 19, 2004
Page l
The amain motion as amended carried unanimously upon roll call vote.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Erica V1Wirtala, Sands Surveying, spoke in favor of Resolution 4911, stating the developers agree with
the interlocal agreement proposed for Cottonwood Estates.
E. PUBLIC HEARING --- 2004/2005 BUDGET
Mayor Kennedy opened the public hearing.
Proponents
None.
Opponents
None.
Mayor Kennedy closed the public hearing.
F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
F/1. RESOLUTION 4911 —RESOLUTON OF INTENTION— COTTONWOOD ESTATES
This is a resolution of intention to enter into an interlocal agreement to provide municipal sewer
services to Cottonwood Estates through the Evergreen Sewer District.
Larson moved Resolution 4911, a resolution of intention to enter into an interlocal agreement
with Flathead County regarding the development of Cottonwood Estates and provision of
municipal sewer services thereto. The motion was seconded.
Haifen-nan read a written statement. (Statement is attached and by this reference is made a part of
the official record)
Hafferman moved Section 3.03.10 be added stating, "Property owners or users in Cottonwood
Estates shall be required to pay a hook-up fee to the City as established by the City". The
motion was seconded.
The amendment carried unanimously upon vote.
Kukulski said the reason this requirement was not included is because this is an interlocal agreement
between the County and the City. He said agreements still have to be made between the developer
and the City, and Evergreen and the City. Kukulski said it wouldn't hurt to add the requirement to
this agreement also.
Atkinson said he appreciates that the Council has worked hard on the issue of providing City utilities
to developments outside the City limits. He said the problem, however, is the false belief that a
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July 19, 2004
Page 2
waiver to protest annexation allows annexation anytime the City wants to. Atkinson said history
proves that waivers haven't worked in the past and probably won't work now. The result is the City
has allowed another subdivision to hook onto sewer without having a chance to annex and that isn't
a fair and equitable playing field. He said in addition, by handling these requests on a case -by -case
basis, the Council is setting itself up for some major problems. Atkinson said in his opinion this
Council is "once again selling out the citizens of Kalispell by allowing the only valuable thing we
have for annexation go by the wayside, go for free, and that's our utilities". He said the Council
overlooked the option of an annexation district, concentrating just on the negatives, and the question
still remains that even with the negatives, would it still be a better way for the City to go than the
way it's going now. Atkinson stated at the time, he suggested running a sewer pipe down Reserve
and when anyone wants to hook on, annex them at that time. He said that suggestion was met with
the comment "we will never annex down in that area". Atkinson said we are already there and this
agreement is an addition to the mistakes we have made in the past and he can't vote in favor of it.
The main motion as amended carried upon roll call vote with Gabriel, Hafferman, Herron,
Larson, Olson, Peters and Mayor Kennedy voting in favor, and Atkinson and Kenyon voting
against.
F/2. RESOLUTION 4912 — POLICY REQUIRING SID WAIVERS FOR ROAD
IMPROVEMENTS
This resolution would make it a City policy that all new preliminary plats contain a waiver of protest
to the establishment of a Roadway Special Improvement District.
Atkinson moved Resolution 4912, a resolution to adopt the policy for the City of Kalispell that
a condition shall be placed on all new preliminary plats that requires the landowner to file a
waiver of protest to the establishment of a road improvement special improvement district
with said waiver displayed upon the face of the preliminary plat. The motion was seconded.
Kukulski gave a staff report, emphasizing that approving the resolution doesn't put an SID in place,
but does allow a future Council to take action to create an SID if deemed necessary.
Mayor Kennedy agreed and read the last Whereas: "placing a condition on all new preliminary plats
requiring the landowner to file a waiver of protest to the establishment of a Road Improvement SID
creates the opportunity for the establishment of a road improvement Special Improvement District in
the future, providing another method for financing the upgrade, construction and maintenance of
streets and roadways which may be utilized in conjunction with other methods of financing". Mayor
Kennedy said the key is "may be used".
Atkinson commented the City doesn't have many ways to take care of the roads and this is a good
tool if future Councils want to use it.
Hafferman read a written statement. (Statement is attached and by this reference is made a part of
the official record)
Olson said we need to find a way to make sure the local citizens are not responsible for the growth
costs of all the new developments. He said he will vote for the SID provision because it's a way to
have the people in a development help upgrade the road, but he charged everyone with finding a way
to take care of all the needs of these new subdivisions, not just the roads.
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Peters said he agrees philosophically with Hafferman, but what else would he suggest the City do, it
can't collect an impact fee.
Hafferman said the regulations state the developer has to mitigate any impacts on an existing
roadway and if the MDOT determines that a deceleration lane, acceleration lane, or widening is
required because of the development's impact, then those must be installed. He said there are all
kinds of ways to mitigate an impact and it's imperative that every development that's proposed must
be studied to determine what impacts they will have.
Peters said deceleration and acceleration lanes won't necessary mitigate all the impacts on a
roadway. He said landowners will pay for the mitigation costs either at the front end or the back end.
Peters said he sees an SID as a way to delay those costs and put it on the back end.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against.
F/3. RESOLUTION 4913 — FINAL PLAT — GATEWAY WEST MALL ADDITION #34
(Removed)
F/4. RESOLUTION 4914 — INTERLOCAL AGEEMENT AMENDMENT — CITY
COUNTY HEALTH DEPARTMENT
Currently there are seven seats on the City -County Health Board. This resolution authorizes two
additional seats.
Larson moved Resolution 4914, a resolution of the City Council of the City of Kalispell,
Montana approving an amendment to the City -County Health Department Interlocal
Agreement regarding the addition of two ]members to the City -County Health Board. The
motion was seconded.
Larson, a member of the Health Board, explained a board member recently passed away and three
applications were received for the vacant seat. He said all three applicants were exceptional, but the
hoard could only choose one. Larson said in light of the growth of Flathead County, and the fact that
many times the board has a hard time getting a quorum for meetings, it was determined to be in the
best interest to increase the membership from seven to nine. He said the County Commissioners
approved the increase last week.
The motion carried unanimously upon roll call vote.
F15. ORDINANCE 1506 — SALARY SCHEDULE —1ST READING
This ordinance includes the three union contract salary addendurns and also includes the pay ranges
for all non -union personnel.
Peters moved first reading of Ordinance 1506, an ordinance amending Ordinance No. 1456,
fixing the limits of the salary and compensation of the City officials, supervisors, and
employees pursuant to Title 7, Chapter 4, Part 42, M.C.A., commencing on the dates indicated
herein, and repealing all other ordinances in conflict therewith. The motion was seconded.
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Page 4
Kukulski explained a salary ordinance is presented to the Council each year. He said the ordinance
includes the addendum for the two labor contracts that are in place, but it will have to be amended to
include the police contract when settled. Kukulski said the primary concern with the ordinance is the
implementation of the non -union salary ranges as a result of the Fox Lawson salary study. He said
two different schedules have been presented for consideration, a two-year implementation schedule
(Exhibit B-1) and a three-year implementation schedule (Exhibit B-2). Kukulski said prior to voting
on the motion, the Council will have to make an amendment including either Exhibit B-1 or Exhibit
B--2 in the ordinance.
Larson moved an amendment to the motion to include Exhibit B-lin Section H. The motion
was seconded.
Olson asked Larson to explain why he chose Exhibit B-1.
Larson said the two-year implementation is a smoother transition and is easier for the budget because
the money for the transition has been budgeted for this year.
Atkinson said the salary study is time specific and the optimum would be for it to be implemented
now in its entirety. He said since it can't be implemented completely this year, the next best thing is
to implement it over the next two years.
Hafferman read a written statement. (Statement is attached and by this reference is made a part of
the official record)
Peters said he would prefer to implement the study over three years. He said even though the
ordinance doesn't give anyone a raise, it will still have a financial impact and he feels the three years
is a better option.
Olson said he's also in favor of the three-year plan, stating he would have liked to have seen salary
comparisons from the valley because it doesn't "do me a lot of good to know what they pay
somebody in Bend, Oregon".
The amendment carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson and
Mayor Kennedy voting in favor, and Hafferman, Herron, Olson and Peters voting against.
The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Herron,
Kenyon, Larson, Peters and :Mayor Kennedy voting in favor, and Hafferman and Olson voting
against.
FIG. RESOLUTION 4915 — STOP SIGN
This resolution authorizes the placement of an all -way stop sign at the intersection of Kelly Road and
South Woodland Drive.
Kenyon moved Resolution 4915, a resolution approving the placement of stop signs on Kelly
Road at its intersection with South Woodland Drive and declaring an effective date. The
motion was seconded.
Kukulski explained this intersection does not meet all of the conditions for a stop sign as dete mined
by the State warrant system, however, because it's not part of the Urban Highway System the City
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July 19, 2004
Page 5
can move ahead and install a stop sign if deemed necessary. He said the Police Department and the
Public Works Department have determined an all -way stop sign would significantly improve traffic
safety in the area.
Hafferman said if the stop sign doesn't conform to the published MUCTD manual, then the City is
putting itself out onto a limb. He said the manual is established over many years' experience and the
City shouldn't go beyond what the manual allows.
Hansz said staff is exercising a degree of engineering judgment that says there are other factors that
are perhaps less quantitative and less definitive than simple statistics to support this installation.
Garner agreed, stating sometimes things just make sense and putting a stop sign in this location just
makes sense.
Peters asked if this stop sign will pose any problem for the proposed "eastside bypass".
Kukulski said even though this road does carry heavy traffic as a straight shot to Willow Glen, it's
not built to urban standards and there are no sidewalks. He said the stop sign will help slow traffic.
Hafferman said when he worked with highway staff. a stop sign can be a hazard. He said stop signs
should be used judiciously in accordance with the manual as published.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferlman voting against.
FI7. ORDINANCE 1503 — INITIAL ZONING — TIM AND KAY KNOLL W 2ND
READING (Moved from the Consent Agenda)
Atkinson moved second reading of Ordinance 1.503, 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 Tract 7AACAA 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 Kalispell
Growth Policy 2020, and to provide an effective date. The motion was seconded.
Hafferan said as he did on the first reading he will be voting against this ordinance because it
increases the density from R-1 to R-4 and will put additional traffic on Sunnyside Drive.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against.
G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action
Mayor Kennedy welcomed everyone attending the WASHTO (Western Association of State
Highway and Transportation Officials) convention. She said over 600 representatives are attending.
Mayor Kennedy announced she participated yesterday in the Freedom Salute Ceremony for the
soldiers of the 495th Army National Guard. She said on behalf of the citizens of Kalispell, she
accepted the prestigious Center of Influence award, a bronze minuteman statue, in support of the
soldiers in service and those that have returned home.
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Page 6
Police Chief Frank Garner declared that for the fourth year in a row, a Kalispell Police Officer has
received the Officer of the Year Award from the Montana Association of Chiefs of Police and
Montana Police Protective Association. He said he is proud to announce that this year Sergeant
Wade Rademacher received the award.
G. ADJOURN
The meeting was adjourned at 8:27 p.m.
ATTEST:
Theresa White
City Clerk
Approved August 2, 2004
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July 19, 2004
Page 7
Bob Haf f erman
COTTONWOOD ESTATES - Resolution of Intent
The "Exhibit B" attached, Urban Design Standards, appears to represent a revision of the
city's Standards for Design and Constructed adopted by the City Council in 1996. At a
workshop, I was told that these were County Standards, yet I see no indication of these standards
being adopted by the County Commissioners.
At the Tune 2 workshop, the city staff brought forth a proposed revision to the 1996 duly
adopted standards. At that time I felt assured that the city staff was properly instructed to seek
input from a diverse group of users of the standards - consultants, developers, Realtors, persons
interested in affordable housing, etc. I am not aware that has happened.
These titled Urban Design Standards appear to have a striking resemblance to the
revision proposed by the city staff to the 1996 adopted standards. My concern is that this will be a
back door approach to revising said 1996 adopted standards. A comment made at the workshop
seem to indicate that was not the case.
I intend to vote for this Resolution of Intent as, apparently, the developer has no problem
with Exhibit B of the Agreement referred to through Section I of the Resolution. But I want this
statement appended to the minutes of this meeting so there is written documentation in an attempt
to assure that any revision to the 1996 Standards has proper public review and comment so this
Exhibit B is not used as a back door attempt to amend the 1996 Standards.
There already exists an Interlocal Agreement with Evergreen Sewer District that could be
used to allow Cottonwood Estates to connect to the Evergreen sewer for conveyance of
wastewater to the Kalispell area treatment plant. Said Interlocal contains all the necessities
members of this council debated - waiver the right of protest of annexation and construction to
city standard together with the ability to collect a hook-up fee from an entity connecting to the
Evergreen sewer outside the boundary of the Evergreen Sewer District.
However, I can not locate any reference to a requirement that the entities in Cottonwood
Estates that connect to the Evergreen sewer must pay the city of Kalispell a hook-up fee.
Therefore, I move that the following be added to Section 3 of the Interlocal Agreement:
3.03.10 Property owners or user in Cottonwood Estates shall be required to pay a
hook-up fee to the city as established by the City.
WAIVER OF RIGHT TO PROTEST AN SID
SID's, when initially authorized by the legislature years ago, allowed citizens a method of
upgrading their living conditions through assessment and payment via taxation to cover the costs
of said improvements. SID's can be abused by governing bodies. Witness is the SID formed to
improved Sunnyview Lane to serve Kalispell Regional Medical Center where a widow, the
original homeowner on Buffalo Hill, was forced to pay $17,000 for improvements to that road, a
road she did not even use. Her access was 150'+ south of Sunnyview Lane.
Developers are required by our existing regulations to mitigate any impacts they cause to
existing roadways. This regulation should be followed, and it has not been followed in the
immediate past to any degree of evenhandedness - witness the disparages between Granrud Lane
and Sunnyvie Drive If councils would religiously follow the existing regulations, we would NOT
find it necessary to figure out how to extract more money from our citizens.
This Resolution is nothing more then trying to find a simple means of extracting money
from citizens. It is patently unfair for ANYBODY to pay for development by Others.
Bob Hafferman
COUNCIL, July19, 2004 - SALARY
1 do not believe the study done by the consultant takes into consideration the taxpayer.
The study appears to be "cherry picking"to get a desired result. The consultant used survey
results from 20 city governments, Flathead and Missoula Counties and Kalispell Regional Medical
Center. There were no entities that operate under free enterprise, i.e., like the majority of
residents of Flathead County.
According to the surveyor, the organizations surveyed were "comparable" to Kalispell.
Then why was Whitefish included and not Columbia Falls? Why were Helena; Blackfoot, Idaho;
Port Angeles Washington and Durango, Colorado included (all cities I know quite well). There
are a number of positions in city government that are similar to positions in private enterprise, so
why weren't they surveyed? THIS SURVEY WAS BASICALLY FLAWED.
I believe our city employees, PARTICULARLY those in the low grade levels, should be
paid at a pace on par with the Consumer Price Index. However, it would also be desirable if many
of our taxpayers could keep pace with the CPI. Certainly no member of this council can help but
realize that many taxpayers cannot keep pace with the rate we raise taxes, some of which pays for
salaries and benefits.
In reviewing the proposed salary increases there are inequities. Yes, I know that
theoretically the passage of this resolution does not raise individual salary. But in practicality the
end result is succinctly stated in the city manager's memorandum, to wit: "The actual
implementation of adjustments is the responsibility of the City Manager
Here are some of the inequities:
a. The lowest paid employee (102 grade) receives an increase of $602 (2.2%) on
the 50% plan, but, get this, a DECREASE of $19 in the 33% plan.
b_ The high paid salary (117 grade) receives an increase of $6,288 (10.7%) on the
50% plan and $4,192 in the 33% plan.
c. As a comparison, all of our very important employees under the AFSCME
agreement all receive a fiat $0.35lhrlemployee which equates to $728lyear.
It is my opinion that any salary adjustment has to take a realistic approach to conditions in
Kalispell. That includes the taxpayer AND RATEPAYER and the equation has to include what
prevails in private enterprise. AND any adjustment needs to consider ALL employees as a unit.
As I stated in the workshop on this item, the lower pay scales should be given a higher
percent of increase over the higher pay scales. I believe also that the best would be if we would
set a fixed rate of increase for all employees, say 3% for the mid -level employees (110 grade),
about $12001yrfemployee, and use that figure in all grades. Why should a higher paid city
employee receive more than a lower paid city employee? The loaf of bread cost the same for both.
I am not a believer in trying to pay an employee just to keep that person. We may never
reach that goal in fact we may fall far short. Every individual should follow their goal in life. If
that goal is monetary and Kalispell's salary is less then can be attained elsewhere, then I say
congratulations and God speed to the employee who can get a better salary plus benefits
elsewhere. Every one must make their individual choice.