11/03/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, NOVEMBER 3, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON,
FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL
MEMBER TED POLER WAS ABSENT.
Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz,
Finance Director Amy Robertson, Parks and Recreation Director Mike Baker and Tri-City Planning
Director Tom Jentz.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Peters moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting October 20, 2003
2, Ordinance 1482 ---- City SnowPlowin Policy — 2nd Readin
3. US EPA National Award — Wastewater Treatment Plant
Kenyon moved approval of the Consent Agenda. The motion was seconded.
Hansz explained the Kalispell Advanced Wastewater Treatment Plant has received the U.S.
Environmental Protection Agency's 2003 First Place Clean Water Act Recognition Award for
operation and maintenance. Hansz presented the award to plant manager Joni Emrick.
The motion carried unanimously upon roll call vote.
C. STUDENT ISSUES
Steven Vanderhoff, Youth Advisory Council, gave an update on the activities and issues the youth
council is working on. He said he's also a member of Anchor Club, a group that works to raise
money for children with brain injuries or disabilities, and they are asking for donations for the
Ronald McDonald house in Missoula.
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D. HEAR THE PUBLIC
Erica Wirtala, Sands Surveying, spoke in favor of Agenda Items E/I1 and E/12, stating she's
available to answer any questions.
Dawn Marquardt, Marquardt Surveying, spoke in favor of Agenda Item E/10 adding she is also
available to answer any questions.
Tim Burton, Surveyor, spoke in favor of Agenda Items E/3, E/4, E/S and E/b.
Tim Birk, 880 Farm Road, spoke in favor of Agenda Items Ell, Ell and E13.
Richard Nelson, 94 Northern Lights Boulevard, spoke against items E/l, Ei2 and E/3 stating Three
Mile Drive has become a speedway with the volume of traffic and this project would just create more
traffic.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
EI1. RESOLUTION 4842 — ANNEXATION REQUEST — TIM BIRK
Tim Birk, on behalf of Thomas and Shirley Jones, has requested annexation ofapproximately9 acres
located on the north side of Three Mile Drive about one half mile west of North Meridian Road.
Kenyon moved Resolution 4842, 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 1, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana, to be known as Three Mile Addition No. 337; to
zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an
effective date. The motion was seconded.
Jentz gave a staff report.
Atkinson, citing Nelson's concerns with traffic, said there are plans to develop stop lights and traffic
patterns on Three Mile Drive which should assist with traffic flow and help with safety.
Olson asked if there's a timeframe for the stop lights.
Jentz said accesses were addressed during the preliminary plat process, however, there are no plans
right now for street lights in conjunction with this subdivision and Three Mile Drive. He said there
are warrants that have to be met before a stop light or sign can be installed, but staff will be
monitoring the situation.
Mayor Kennedy commented she frequently travels Three Mile Drive and is confident the Police
Department will continue with traffic control in the area.
The motion carried unanimously upon roll call vote.
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E/2. ORDINANCE 1483 — INITIAL ZONING — TIM BIRK —1ST READING
Tim Birk has requested a zoning designation of R-3, Single Family Residential, on approximately
7.7 acres of property, and RA-1, Low Density Residential Apartment for about 1.4 acres of property
located on the north side of Three Mile Drive about one half mile west of North Meridian Road.
Atkinson moved first reading of Ordinance 1483, 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 Three Mile Addition No. 337 and further described on
Exhibit "A" located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana (previously zoned County SAG-10, Suburban Agricultural) to City R-3
(Single Family .Residential) and RA-1 (Low Density Residential Apartment), in accordance
with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was
seconded.
Jentz gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
E/3. RESOLUTION 4843- PRELIMINARY PLAT — THREE MILE SUBDIVISION
Tim Birk is requesting preliminary plat approval of Three Mile Subdivision, a 31-lot residential
subdivision. The plat would create 30 lots intended for single-family development and 1 lot intended
for multi -family development.
Leistiho moved Resolution 4843, a resolution conditionally approving the preliminary plat of
Three Mile Subdivision, more particularly described on Exhibit "A in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded.
Jentz explained an internal road for the subdivision will be developed through Raven Rock
Subdivision to North Riding Road. He said the Planning Board discussed the advisability of
extending the internal road to Three Mile Drive, but agreed that at this time the road should end in a
cul-de-sac noting that when the multi -family side is developed, it may be appropriate to revisit the
extension to Three Mile Drive.
There was discussion and Jentz answered questions.
Olson thanked staff for including sidewalks and boulevards.
Hafferan thanked staff for including the source of the conditions.
The motion carried unanimously upon roll call vote.
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E14. RESOLUTION 4844 —ANNEXATION REQUEST — ROBERT & KATHY FOPPIANO
The Foppianos are requesting annexation of approximately one acre of land located on the cast side
of Denver Avenue immediately east of the intersection of Phoenix Street.
Leistiko moved Resolution. 4844, 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 19, Township 28 North, Range 21
West, F.M.M., Flathead County, Montana, to be known as Foppiano Addition No. 338; to zone
said property in accordance with. the Kalispell Zoning Ordinance, and to declare an effective
date. The motion was seconded.
Jentz gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
E/5. ORDINANCE 1484 — INITIAL ZONING — ROBERT & KATHY FOPPIANO
The Foppianos are requesting a zoning designation ofR-3, Single Family Residential. The property
is currently zoned County R-1, Single Family Residential.
Atkinson moved first reading of Ordinance 1484, 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 Foppiano Addition No. 338 and further described on
Exhibit "A" located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead
County, S4lontalna (previously zoned County R-1, Suburban Residential) to City R-3 (Single
Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded.
Jentz gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
Ef6. RESOLUTION 4845 —PRELIMINARY PLAT —NORTH MEADOW SUBDIVISION
Robert and Kathy Foppiano are asking for preliminary plat approval for North Meadow Subdivision,
a 4-lot residential subdivision.
Larson moved Resolution 4845, a resolution conditionally approving the preliminary plat of
North Meadow Subdivision, more particularly described as Assessor's Tract 7AACA (Tract 2
of COS No. 11352) in Section. 19, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana. The motion was seconded.
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Jentz gave a staff report describing the project as an excellent example ofinfill.
Larson asked if there will be four lots plus the existing house or four lots including the existing
structure.
Jentz stated there will be four lots including the existing residence.
Atkinson commented this development is fairly close to Ashley Creek and asked if there is any
concern with the floodplain.
Jentz answered this is adjacent to, but outside of the floodplain.
The motion carried unanimously upon roll call vote.
E/7. RESOLUTION 4846 — ANNEXATION REQUEST — LARRY AND ARLENE
JOHNSON
The Johnsons are requesting annexation of a .34 acre tract of land located generally between the
Kalispell city airport and US Highway 93 South, on the south end of Kalispell.
Leistiko moved Resolution 4846, 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 20, Township 28 North, Range 21
West, P.M:.M., Flathead County, Montana, to be known as Johnson Addition No. 339; to zone
said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective
date. The motion was seconded.
Jentz gave a staff report.
Mayor Kennedy asked Jentz about the relationship of this property and the city airport.
Jentz said currently there is an airplane hangar on this property with a sixty -foot uncontrolled right-
of-way that goes to the airport. He said he spoke with the Johnsons and they are aware that the city
wants to encourage hangar space to occur on the west side of the airport with plans to fence the east
side.
The motion carried unanimously upon roll call vote.
E/8. ORDINANCE 1485 —INITIAL ZONING — LARRY AND ARLENE JOHNSON —1ST
READING
Larry and Arlene Johnson are requesting a zoning designation of 1-1, Light Industrial. The property
is currently zoned County B-2, General Business.
Leistiko moved first reading of Ordinance 1485, 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 Johnson Addition No. 339 and further described on Exhibit
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"A" 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 1-1 (Light Industrial), in
accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The
motion was seconded.
Jentz commented the I-1 zoning designation is appropriate for the surrounding land use and
anticipates light industrial uses such as warehouses, storage buildings or airplane hangars.
There was discussion. and Jentz answered questions.
Peters asked if the city might be looking at purchasing this property for the fixture airport expansion.
Kukulski answered this area isn't slated as part of the expansion. He said the runway would actually
be shifting the other direction.
The motion carried unanimously upon roll call vote.
E19. RESOLUTION 4847 — PRELIMINARY PLAT — NORTHWEST HEALTHCARE
Northwest Healthcare is requesting preliminary plat approval of a commercial re -subdivision
proposed for the Buffalo Commons development. The applicant wants to take three existing
commercial lots on 3.72 acres and create a total of 5 commercial lots.
Leistiko moved Resolution 4847, a resolution conditionally approving the preliminary plat of
the Amended Plat of Lot 3, Block, 3, Phase 3 and Lots 3 and 4, Block 1, Phase 4 of the Plat of
Buffalo Commons Subdivision, more particularly described on Exhibit "A", in Section 6,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was
seconded.
Jentz gave a staff report.
Olson asked if the smaller lots would have been approved originally.
Jentz answered "yes".
The motion carried unanimously upon roll call vote.
El10. RESOLUTION 4848 — PRELIMARY PLAT — ACG-KALISPELL INVESTORS LLC
This is a request for preliminary plat approval of Gateway West Subdivision Unit #2, a two -lot
commercial development proposed for the north side of US Highway 2 and west of Glenwood Drive.
Larson moved Resolution 4848, a resolution conditionally approving the preliminary plat of
Gateway West Subdivision Unit 2, more particularly described on Exhibit "A", Section 12,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was
seconded.
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Jentz explained the 2.5 acres proposal involves developing two commercial lots, one on either side
of the main south entrance into the Gateway West Shopping Center. He said there are several issues.
First, by making these proposed lots (one of which contains a storm water detention pond) into
building pads, approximately 54 parking spaces will be lost, however, Jentz stated staff feels
adequate parking will remain. The biggest issue, he said, is that half of Lot 2, and ninety percent of
Lot 1, is located in the 100-year floodplain and City subdivision regulations prohibit development of
lands within the floodplain. Jentz said staff is recommending that the applicant secures a Letter of
Map Revision from FEMA prior to final plat assuring that the proposed lots have been removed from
the floodplain map, and re -engineer and construct a new storm water treatment system elsewhere.
Larson asked if increasing the size of the culverts would help with the FEMA map revision.
Jentz said that's one possibility, but it's extremely expensive. He said fill would be significantly
cheaper.
Leistiko said when Stream was in operation there was a parking problem. He said in light of that,
won't it create a problern taking away 54 parking spots.
Jentz responded that issue was discussed by staff, however, this area is what is considered an
undesirable site that people won't park in anyway.
Kukulski added an additional 145 parking spaces were built on the northeast section of the mail
during Stream's tenure.
The motion carried unanimously upon roll call vote.
E/11. FINAL PLAT & SUBDIVISION IMPROVEMENT AGREEMENT — VILLAGE
GREENS PHASE 15
This is a request for final plat approval of Flathead Village Greens Phase 15 which contains ten
single-family lots on approximately 2,26 acres located at the north end of Palmer Drive.
Leistiko moved the Council adopt the subdivision improvement agreement and approve the
final plat for Flathead Village Greens Phase 15. The motion was seconded.
Jentz gave a staff report.
Atkinson asked if this includes the club house.
Jentz answered it does not.
The motion carried unanimously upon vote.
EI12. FINAL PLAT & SUBDIVISION IMPROVEMENT AGREEMENT — VILLAGE
GREENS PHASE 16
This is a request for final plat approval of Flathead Village Greens Phase 16 which contains four
single-family lots on approximately 0.66 acres located at the north end of West Nicklaus Avenue.
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Leistiko moved the Council adopt the subdivision improvement agreement and approve the
final plat for Flathead Village Greens Phase 16. The motion was seconded.
Jentz gave a staff report.
There was no discussion.
The motion carried unanimously upon vote.
E/13. CONDITIONAL USE PERMIT— CHARLES E. KELLER
The City Council, at its regular meeting October 6th, denied a request from Charles Keller to
construct a four -unit residential cluster at the southeast corner of Grandview Drive and Highway 93.
The Council rescinded that action on October 20th and asked staff to bring the conditional use permit
back to the table for consideration.
Atkinson moved the Council accept staff report #KPP-03-4 as findings of fact and grant the
conditional use permit for the four -unit cluster development subject to the recommended
Conditions #1-8 and specifically adding to Condition #5 as follow: "The primary access to the
site from a public (city) street shall be a minimum of 30-feet wide. This access shall
accommodate a 24-foot wide paved travel surface, storm water management, snow
storage/removal and provide for pedestrians sidewalk or trail. As an alternative pedestrian
access, a sidewalk or trail can be provided up to Grandview that connects to the existing trail
system on US 93. In widening the primary access easement, a minimum 20-foot side corner
setback shall be maintained from any expanded access easement to any principal or accessory
structure. If additional units above four are served by this access, a minimum 60-foot R/W
designed to city standards is required. The motion was seconded.
Jentz gave a staff report explaining the applicant has major hurdles to overcome with the attached
30-foot right-of-way condition, however, staff thought the condition was better that just saying "no".
Leistiko asked how the children are going to get to the bus across from Harrison Boulevard; are they
going to have to walk in the street because there aren't any sidewalks?
Jentz said there would be other options, such as the parents dropping them off at the bus stop. He
said staff felt the design matched the level of intensity for the area.
Olson said he also thinks there should be a sidewalk, not a trail, for the children even if it is just on
one side on the right-of-way.
Olson moved to strike the following sentence from condition #5: "As an alternative pedestrian
access, a sidewalk or trail can be provided up to Grandview that connects to the existing trail
system on US 93." The motion was seconded.
Peters asked if the word "trail" shouldn't also be deleted from the previous sentence: ".....and
snow storage/removal and provide for pedestrians sidewalk or trail".
Olson agreed. The second concurred.
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There was no objection to the friendly amendment.
Atkinson asked Jentz to describe a "trail".
Jentz answered a "trail" is an 8-foot asphalt surface, whereas, a sidewalk is 5-feet of concrete.
Kukulski explained the trail was his idea because he thought it may be shorter to connect a trail to
the existing bike path than to the existing street. He said the point of the bus stop and park, however,
appears to give more weight to pushing pedestrians that way.
The amendment carried unanimously upon vote.
Hafferman said instead of purchasing an entire lot to make the 30-foot right-of-way work, it maybe
possible to purchase a portion of each lot.
Hafferman moved wording be added to the second to last sentence in condition #5 to read: "In
widening the primary access easement, a minimum 20 foot side corner setback shall be maintained
from any expanded access casement to any principal or accessory structure, or if a written
agreement signed by both owners of Lots 31 and 32 that the proposed 30-foot easement and the
resulting setbacks are accepted." There was no second.
There was further discussion.
The main motion as amended carried unanimously upon vote.
E/14. RESOLUTION 4849 — RESOLUTION OF INTENT TO EXPAND THE
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND CALL FOR PUBLIC
HEARING
This resolution begins the process of expanding the Downtown BID and sets a public hearing for
December 1 st.
Leistiko .moved Resolution 4849, a resolution of intention to expand the business improvement
district for the City of Kalispell, Montana, to fix a date of a public hearing, and to provide for
publication of notice of said hearing. The motion was seconded.
Kukulski explained the Council, in creating the BID, imposed a stipulation that before the district
could begin collecting any revenue they needed to increase its size by 25%. He said sufficient
petitions have now been received which meets that 25% requirement. In regards to the Kalispell
Center Mall, Kukulski said a letter was received from the mall's CEO dedicating $10,000 in seed
money to the BID, but a formal petition has not been signed asking for the mall to be included in the
district. He added by approving Resolution 4849 Council members are simply scheduling a public
hearing on the proposed expansion.
Hafferman said he will vote in favor of holding a public hearing and if public input is generally
favorable, he will likely vote in favor of the expansion provided that no taxpayers' money from any
source will be used. Haffernan said he would like to see the BID's proposed budget prior to a final
vote on the expansion.
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The motion carried unanimously upon roll call vote.
F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Mayor Kennedy reminded everyone tomorrow is Election Day and asked everyone to vote.
Mayor Kennedy congratulated the Wastewater Treatment Plant on receiving the US EPA National
Award for operations and management stating treatment manager Joni Emrick and her operating
team of Curt Konecky, Phil Lauman, John Overcast, Louie Eskestrand and Bob Piorek are doing a
wonderful job.
Mayor Kennedy thanked Amy Robertson for her diligence in examining the City's tax records. She
said Robertson noticed a substantial error in the tax assessments and was able to get the problem
corrected prior to the notices being mailed to residents.
Olson stated he was involved in creating the city charter for Whitefish in 1981. He said all of the
opponents are worried about what will happen if the city charter for Kalispell passes in the election
tomorrow. Olson said in Whitefish there have been "no lynching, no tar and feathers or any large
problems, or small, connected to the charter being passed and used for twenty plus years". Olson
said let's put a charter to work in Kalispell.
Kukulski said Chief Brodehl has created a summary of all interactions between the Kalispell Fire
Department and the rural fire departments in order to help clarify what has transpired over the past
several years.
Kukulski stated he and Hansr met with the County Commissioners this morning to present the City's
Facilities Plan..
Kukulski closed by stating that another two and a half million dollars has been set aside for the west
side bypass for a total of five million dollars. He thanked the State Representative Rehberg and
Senators Burns and Baucus for making the bypass a priority.
H. ADJOURN
The meeting was adjourned at 9.10 p.m.
ATTEST:
Theresa White
City Clerk
Approved November 17, 2003
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