09/05/00 City Council Minutes1674.
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. TUESDAY, SEPTEMBER 5, 2000, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED.
COUNCIL MEMBERS DON COUNSELL, DALE HAARR, DUANE LARSON, FRED
LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS
KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL MEMBERS
JIM ATKINSON AND RANDY KENYON WERE ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda with the addition of a claim in
the amount of $147,794.00 as payment for a garbage truck. The
motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting August 7, 2000
Council Minutes - Regular Meeting August 21, 2000
2. Approval of Claims per Payables Register-$490,472.55
3. Reject Bid - Surplus Log Building at Lion's Park
One bid in the amount of $500.0.0 was received from Gib
Bissell, Aero Inn, for the log building at Lion's Park. Staff
recommended the bid be rejected and the City retain ownership
of the structure.
4. Award Bid - 2000 Epoxy Paint Striping Project
Three bids were received from Mark Rite Lines, Arrow Striping
and Highway Specialties. Staff recommended the low bid of
$41,099.00 be awarded to Mark Rite Lines of Billings.
Scarff moved approval of the Consent Agenda. The motion was
seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Shelley Laing, 1045 5th Avenue East, submitted a letter to the
Council asking the City to erect 4-way stop signs at the
intersection of 1st Avenue East and llth Street East.
ORDINANCE 1359 - 2ND READING - UNIFORM FIRE CODE
The City is presently using the 1991 edition of the Uniform Fire
Code and needs to adopt the 1997 edition.
Larson moved second reading of Ordinance 1359, an ordinance to
adopt, by reference, the Uniform Fire Code and the Appendices, 1997
Edition (UFC), and the Uniform Fire Code Standards, 1997 Edition
(UFC Standards), with the additions, amendments, and deletions
enumerated by the Fire Prevention and Investigation Program (FPIP)
in ARM 23.7.301 through 23.7.310, as the Fire Codes of the City of
Kalispell, and applicable within the corporate boundaries of the
Kalispell City Council Minutes
September 5, 2000
1675
City, to provide a penalty for the violation of any lawful order
issued pursuant thereto, and establishing an effective date. The
motion was seconded by Counsell.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1360 - 2ND READING - MUNICIPAL INFRACTIONS
This ordinance authorizes the classification of certain City
offenses and municipal infractions.
Van Natta moved second reading of Ordinance 1360, an ordinance
authorizing the classification of City offenses as municipal
infractions, prescribing enforcement procedures and penalties,
allowing for appeals, and establishing an effective date. The
motion was seconded by Leistiko.
There was no discussion.
The motion carried upon roll call vote with Boharski voting
against.
ORDINANCE 1361 - 2ND READING - PENALTY FOR MUNICIPAL INFRACTIONS
This ordinance excludes municipal infractions from the general
penalty provision.
Leistiko moved second reading of Ordinance 1361, an ordinance
amending Ordinance No. 834 § 1 (§ 1-9, Kalispell City Code) by
excepting municipal infractions from the general penalty provision
and establishing an effective date. The motion was seconded by
Counsell.
There was discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1362 - 2ND READING - TRAVEL POLICY
This ordinance repeals the travel policy in the Kalispell City
Codes because it's covered in the recently approved Personnel
Policy Handbook.
Scarff moved second reading of Ordinance 1362, an ordinance
amending Chapter 2, Administration, Kalispell Municipal Code by
amending Ordinance 1166, repealing S 2-43 (Travel Policy);
authorizing the City Attorney to recodify 5 2-44 in accordance with
this ordinance and declaring an effective date. The motion was
seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1363 - 2ND READING - FIRE PROTECTION ASSOCIATION STANDARD
NFPA 99C, GAS AND VACUUM SYSTEMS
This ordinance allows the City to inspect medical gas and vacuum
systems.
Larson moved second reading of Ordinance 1363, an ordinance to
adopt, by reference, the National Fire Protection Association
Kalispell City Council Minutes
September 5, 2000
Page 2 of 7
Standard NFPA 99C, Gas and Vacuum Systems 1999 Edition, and
applicable to the jurisdictional area thereof; adopted and approved
by the Building Codes Division, Department of Commerce, State of
Montana; to provide a penalty for the violation of any lawful order
issued pursuant thereto; and establishing an effective date. The
motion was seconded by Leistiko.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4581 - RESOLUTION OF INTENTION TO ANNEX THE GLACIER
VILLAGE GREENS AREA
This is the first step in the process to annex the Glacier Village
Greens area northeast of Kalispell off Whitefish Stage Road and
West Evergreen Drive.
Kukulski explained in 1982, the City entered into a Sewer District
Connection Agreement with the North Village Sewer District which
stated, "The District by this agreement waives the right to protest
annexation to the City of Kalispell, on all or any part of the
District, provided, however, that the City shall not initiate
annexation procedures under Section 7-2-4312 until development
within the portion to be annexed reaches 80% of the approved
planned development of the area to be annexed". Kukulski said right
now the City is looking at annexing approximately 259 of the 276
developed lots in Glacier Village Greens. He said the golf course
cannot be annexed at this time because there has never been a
certificate of survey filed. Kukulski further explained that since
the golf course can't be annexed, Phase VII is no longer contiguous
and has also been dropped from the annexation list.
Larson moved Resolution 4581, a resolution of intention to annex
territory into the City of Kalispell, under the provisions of Title
7, Chapter 2, Part 43, M.C.A. (Annexation of Contiguous Land),
comprising platted tracts of land and unplatted land that has been
surveyed for which a certificate of survey has been filed, more
particularly described in Exhibit "A", to be designated as Glacier
Village Greens Addition No. 295, and directing the City Clerk to
provide notice of this resolution as provided by law. The motion
was seconded by Van Natta.
There was discussion.
Leistiko commented he feels this annexation is a "clean-up" process
for the City. He said the agreement signed in 1982 obligated the
property owners to future annexation and the City shouldn't delay
the action any longer.
Haarr said he was involved in the agreement in 1982 and he has no
doubt the 80% requirement refers to the entire development, not
each phase. He said he doesn't understand what the rush is to annex
this area because if the City proceeds now, it's going to raise
everyone's taxes in order to provide services. Haarr said the
solution is to wait until the entire development is 80% complete
and the tax base will be enough to pay for the costs. He asked the
Council to reconsider the annexation, adding the good faith
agreement made in 1982 is not being followed, and questioned the
motive of why the City has decided to annex this area at this time,
without the property owners requesting it.
Kalispell City Council Minutes
September 5, 2000
Page 3 of 7
1677
Public Comment
Tom Reese, President of Village Greens Homeowners Association, said
he has several questions, such as what does 80% of the development
really mean and what does contiguous mean? He also asked what the
City is offering in return for annexation and wondered if this can
be made into a win -win situation for both parties.
Lois Lyford, Vice President of Village Greens Homeowners
Association, said she feels the 80% development requirement applied
to the entire subdivision.
Jim Conley, 231 W. Nicklaus, commented he feels the City is not
being ethical with the annexation and just wants a larger tax base.
Don Milam, 101 Palmer Drive, stated he feels Village Greens is
being picked on and asked the Council why Hillcrest hasn't been
annexed.
Rob Bitney, 339 Hilltop, said he feels it will be at least ten
years before Village Greens reaches 80% completion capacity of the
entire development. He also argued that he doesn't feel Village
Greens is contiguous to the City and therefore can't be annexed.
Bill Miles, 1311 7th Street West, said he doesn't have anything to
do with Village Greens, but gave the residents his sympathy.
Council discussion continued.
Counsell asked Neier to state his opinion as to the 80% development
requirement.
Neier explained in his opinion, the 80% development applies to the
Phases, not the entire development, which is based on an
interpretation given in 1991 when the City annexed Fairway
Boulevard.
Kukulski agreed, stating he would like to see the City avoid this
type of annexation in the future by annexing at the time of Final
Plat instead of waiting until most of the phases are completed. In
answering Haarr's comment as to why the City is taking steps to
annex this area, Kukulski stated Council gave "clear direction" at
a recent goal setting session to move ahead with annexing
properties surrounding the City.
Van Natta stated he attended the goal setting session and agreed
that annexation was listed as the second highest priority. He
commented the City needs to move ahead with the annexation because
a contract is a contract and a "good old boy" agreement wasn't
included.
Counsell agreed, stating the development has benefitted for
eighteen years from the sewer arrangement and it's the duty of the
City to execute the agreement.
Larson commented if somewhere during the annexation process the
Village Greens residents mount a challenge, then maybe the City
should stop, but if the City doesn't enforce the contract, then it
might as well stop extending services.
Kalispell City Council Minutes
September 5, 2000
Page 4 of 7
1678
Haarr said there' s still no question in his mind that the 80% means
the total development and feels this type of action erodes the
confidence people have in their government.
Boharski commented this is a tough decision but he's going to vote
in favor of the resolution of intention. He said he still has
several questions concerning the financial effects and how the
annexation will impact the Evergreen fire district, but he feels
the City needs to move forward. Boharski added, however, that if in
the next couple of months it's determined that it's not in the best
interest to annex Village Greens, then "it won't be done".
The motion carried upon roll call vote with Haarr voting against.
RESOLUTION 4582 - PERSONNEL POLICIES HANDBOOK AMENDMENT
In 1999, the Personnel Specialist and the Surveyor were classified
as "exempt" employees. Since then, the City Attorney has determined
the positions should be classified as "non-exempt" and is asking
the Council to approve the change.
Scarff moved Resolution 4582, a resolution amending Section 20-5,
Personnel Policies Handbook, by eliminating the Personnel
Specialist and Surveyor from the class of employees designated as
exempt under the Fair Labor Standards Act. The motion was seconded
by Leistiko.
There was no discussion.
The motion carried unanimously upon roll call vote.
CONDITIONAL USE PERMIT - ASSEMBLY OF GOD CHURCH
Assembly of God Church is requesting a conditional use permit to
allow a 35,000 square foot expansion onto their existing building.
Larson moved approval of the conditional use permit for the
Assembly of God Church with five conditions. The motion was
seconded by Leistiko.
There was discussion.
Narda Wilson, FRDO, explained the primary issue is the future
extension of Parkway Drive. She said planning staff recommended
that the right-of-way for the street expansion be dedicated to the
City. She said staff did not recommend that the church be required
to construct the road, but rather to seek some agreement as to when
and how it would be constructed in the future. Wilson added,
however, that the Planning Board discussed the proposal and voted
not to require a right-of-way agreement. She said she doesn't want
to argue against the Planning Board's recommendation, but if
Council agrees that dedicating the road is not in order, maybe a
compromise could be reached by requiring an easement.
Counsell excused himself from the Council stating he is the
architect that is handling the expansion and is planning on
speaking as a member of the public.
Counsell took a seat in the audience.
Van Natta said maybe the connection from Sherry Lane to North Haven
is a more logical proposal. He said he'd like to see an analysis
that indicates which would be the best way to keep the traffic
flowing.
Kalispell City Council Minutes
September 5, 2000
Page 5 of 7
1679
Jim Hansz, Public Works Director, said the recommendation from the
planning staff for the future extension of Parkway Drive was an
effort to provide a solution to the traffic flow.
Kukulski commented right now there is only one lighted intersection
from Northridge, and the ideal situation would be to create a
second one.
Larson referred to a memo from Neier which stated an opinion that
it would be unreasonable to place a right-of-way requirement on the
conditional use permit.
Hansz answered that's why staff is now recommending that an
easement be required instead of a right-of-way declaration.
Larson suggested that if needed, the easement be addressed in the
future.
Hansz said that would be fine, but what do you do if construction
is proposed where the road would be.
Larson said in that case, you don't allow the construction until an
easement is provided.
Public Comment
Donald Counsell, architect for the project, said the church has
already established an exit to the north which connects to Four
Mile Drive and the light on Highway 93. He said since the church
has already solved the exiting problem for church members, it's the
feeling that a cross connection from Parkway is not the church's
duty and an undue burden.
John Schwarz, Schwarz Engineering, commented he doesn't feel you
should create a transportation network by short circuiting
additional traffic through residential neighborhoods. He said in
his opinion, Parkway Drive is not the appropriate way to move
traffic through the neighborhood. Schwarz agreed with Counsell that
the church is already providing adequate traffic flow for its
members. He said any traffic heading north is provided an access to
the light on Four Mile Drive and traffic heading south and east can
use Summit Ridge to make a right turn on Highway 93 with the west
moving traffic identified as neighborhood traffic.
Linda Smith, 627 Parkway Drive, submitted a letter to the Council
and said she's in favor of the church expansion, but not in favor
of extending Parkway. She said her property backs up to the
church's parking lot and she has never been blocked in once since
the church was built.
Jean Johnson, Planning Board Chairman, said the issue is the
conditional use permit and, as presented to the Planning Board, the
impact to the infrastructure is a "minus". He said the same number
of people will be attending the church whether the expansion is
allowed or not, and the road has no bearing on that expansion.
Fred Waters, 110 2nd Avenue East, submitted a letter to the Council
and said the cooperation between the neighborhood and the church
has been an excellent one and he hope's it will continue.
Kalispell City Council Minutes
September 5, 2000
Page 6 of 7
•
John Gregg, Christian Center Senior Pastor, said the church has
always been very sensitive to the needs of the neighbors and the
expansion is being proposed for use by not only the church, but
also the community.
Doug Hautz, 318 Harrison Boulevard, said he attended the Planning
Board meeting and no one spoke in opposition to striking the right-
of-way condition for Parkway Drive.
Scarff asked if the right-of-way conditions are included in the
motion.
Boharski said no, the conditions came directly from the Planning
Board and the right-of-way requirement was removed.
The motion carried unanimously upon vote.
INTERLOCAL AGREEMENT - CITY AND SCHOOL DISTRICT 5
This agreement formalizes funding responsibilities between the
School District and the Police Department for security at school
events.
Scarff moved approval of the Interlocal Agreement between the City
and School District 5. The motion was seconded by Van Natta.
There was discussion.
Boharski asked if the twenty eight dollar per hour payment for each
officer is enough to cover the cost of covering school events.
Police Chief Frank Garner answered the amount will cover all the
costs involved with the officers including overtime and retirement.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORT
Kukulski informed the Council that a work session is scheduled for
September llth on the ISO study and City Hall space needs.
Kukulski also told members that he will be out of the town the week
of September 18th and will not be attending the meeting Monday
evening.
ADJOURN
The meeting was adjourned at 9:40 p.m.
ATTEST:
Theresa White
City Clerk
*E .5ahDrski
Wm. E. Boharski
Mayor
Approved September 18, 2000
Kalispell City Council Minutes
September 5, 2000
Pnap 7 of 7
01/07/1995 23:34 4062570820 LINDA SMITH PLEU 1
David E. & Linda M. Smith
627 Parkway Dr.
Kalispell, MT 59"1
Phone (406) 752-1471
August 7, 2000
Kalispell City Council Members
City of Kalispell
Subject: Christian Center Public Hearing
TO WHOM IT MAY CONCERN:
We are writing as a neighbor to the Christian Center on Summit Ridge Dr.
We are. in favor of their building expansion. They have been excellent
neighbors and very caring and concerned in any matter that I have had to deal
with them on.
We are however, not is favor. of having Parkway Dr, connecting across the
Christian Center's property. The roadway is not needed. This is a residential
neighborhood and road. It would divide the Christian Center's property right
in half. It is a waste of our city tax dollars to extend that roadway. 'Mere is
no valid purpose for it. We just got our small road paved last summer.
The Sunrise Subdivision has a very nice entrance on lour Mile Dr. and also
an emergency entrance on Hwy. 93. We have no intentions on paying for this
new proposed road. Where is not a need to expand Parkway, Who will
benefit from it? It wilt, only add extra headaches for neighbors. There is quite
a drop off at the end of our property, if this is sloped or changes are made in
the road, we will not be able to access our outside entrances to the lower
level of our home.
Since the baseball fields have been built we have had hundreds of vebicles
trying to find a shortcut in and out of the baseball fields. The church has
made additional parking on the west side of the church and also connected a
road, and a gate connecting to Four Mile Dr. Anytime that gate has been
opened at night time or whenever baseball is going on, people try to cut
1
1682
01/07/1995 23,34 4e6257082e
LINDA SMITH
through that road. One night I counted 60 vehicles cut behind the church
from the baseball Meld and then enter Summit Ridge Dot'. Summit Ridge does
not have a stop light with it's intersection to Hwy. 93. It is a very congested
Hwy. to turn onto. By extending Parkway we would only have increased
traffic on our road. We have enough traffic and quite frankly the baseball
field traffic has amuch better route by using Four Mile Drive and the stop
light at the Highway 93 entrance. We are having problems with kids
congregating late at night down at the baseball fields. This would just give
them another route to get in and out.
We previously have had problems with teens congregating late at night in the
church parking lot and some burglaries to the church. The church responded
immediately by hiring a Security Company. The church is patrolled each
night and all we have to do now is make one phone cell and they respond and
take care of the situation.
We strongly urge you to withdraw any plans to extend Parkway Drive
Thank You,
00 OVJJ I- q 4
e �y1-
David E. & Linda M. Smith
PAGE 02
I
1683
MA. Flied A. Wateaa
//0 2nd Ave. W. # 403
KalL.&pell, Montana 5990/
f unli.&ted telephone # 755-3705 i
Kali_epeil Ci-ty Cou.zcU: Sept. 5, 2000
Ay name U MA. Faed A. Wateaa and I Live at
//0 2nd Ave. W. #403 at the Big Shy Manoa heae in Kaliapell,Mi.
I atand be�oae you all today in auppoat o� the
ChaLattan Center Aaaembly o� giod Church. To the beat o� my
knowledge to U chuach has complied wLth the Council'.&
aegulatLon'.& �aom Lt'.& beginning .&eveaal yeaa'a ago and many
yeaa'a to come. The hLatoay o� the chuach hasn't been the centea
o� aLot'.a, antL- goveanment movement's, oa any aebellouae hate
gaoup'.&. They haven't abused theLA cuaaent land and yet come
be�oae you today, to willingly aeque.&t you.& aAacLou4e peamL.&.&Lon
to continue the mutual RelatLon's all o� ua have enjoyied.
Politically .&peekLng, thL.& chuach has opened
the dooa �oa Lmpaoved Native AmeaLcan Indian aelatLon'.&, through
evangelLat MiL. Aat Begay o� Columbia Faller at telephone #892-00/0.
The good land management o� the CAALatLan Centex Church hasn't
endageaed the city o� kal Upell, the neLghboaLng Summit Ridge
aeaLdent'.&, oa the conatauctLng new ae.&Ldenta noath o� the chuach
paopeaty. The Land atewaadahLp hasn't been a Lae hagjaad, a goad
ob.&tauctLon, on even a haggaadouse waste cite.
I con.&idea the tLme I have spent be�oae you
today a blesaing and may the coopeaation o� the ChaUfLan Centers
Church continue, as it has �oa Lt's pa -at hL.atoay and �utuae.
Thank -you, ( &/q• �
'A�,!/
lea. Faed A. Wateaa