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1a. Council Minutes - Special Meeting - July 10, 2000A SPECIAL MEETING OF •ELL CITY COUNCIL WAS HELD 00 P.M. MONDAY, JULY 10, 2000, IN THE COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL,DALE HAARR, RANDY KENYON,) t. x R •. D LEISTIKO, DOUG SCARFF,>• • CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda. The motion was seconded by Scarf. f There was discussion. Kenyon suggested the Highway 93 South Utilities Expansion be moved up on the agenda to accommodate those people waiting to speak. Kukulski said it wouldn't be fair to move the utilities extension in front of the Salvation Army CUP because there are a lot of people present for that agenda item also. Boharski asked for a show of hands on both agenda items and more hands were raised on behalf of the CUP for Salvation Army. Boharski said the Agenda would remain unchanged. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting June 19, 2000 Council Minutes Regular Meeting July 3, 2000 2. Approval of Claims per Payables Register-$209,022.99 3. Postpone Action on Bids to July 17, 200 for the Second Alley East Sewer Improvement Project 4. Proclamation - National Therapeutic Recreation Week Scarff moved approval of the Consent Agenda. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes July 10, 2000 HEAR THE PUBLIC Mayre Flowers, Citizens For a Better Flathead, commented on the lawsuit Citizens recently filed against the DNRC and the Montana Board of Land Commissioners concerning MEPA review and compliance on State School Trust Land Section 36. She said Citizens contends MEPA needs to be done on the entire property now, not after proposals are made, to ensure economic development opportunities are comprehensive. PUBLIC HEARING - CITY -COUNTY GROWTH POLICY Boharski explained this is the time to receive public comments concerning a proposed City -County Growth Policy Plan and asked Jean Johnson, Chairman of the Planning Board, to give a brief overview. Johnson stated the objective of the plan was not to make it so restrictive as to limit the ability to develop different areas. He said the Board has developed the Plan according to State statute and now it's time to refine it. Boharski opened the public hearing. Proponents Rick Breckenridge, Proctor, encouraged the Council to adopt the proposed plan and spoke against the "smart growth" concept stating it leads to racism. Citing several examples, Breckenridge said it leads to exclusive neighborhoods and limits the ability of a low income person to attain "the American Dream". Dave Bailey, 922 Woodland Avenue, said the proposed document evolved from three years of public comments and concerns and balances all the diverse opinions of citizens. Russell Crowder, Montanans for Property Rights, stated the Council has a document that doesn't have any political agenda to it. He said this is the first time he's seen what he considers a fair planning document and encouraged members to adopt it. Jeff Larson, Lakeside, Planning Board member, stated he feels the Board has done a good job on the plan. He said he's researched "smart growth" schemes and commented they cause a lot of problems and significantly drive up housing prices. Greg Stevens, Planning Board Vice President, said on May 10th, the City Council and County Commissioners agreed to present written comments on the plan by May 26th. He said the Planning Board never received any comments. Stevens also noted the Commissioners were Kalispell City Council Minutes July 10, 2000 Page 2 of 15 not invited to sit in on the meeting tonight, even though this is a joint City -County Plan. He stated the plan should be adopted now without delay and reviewed after the first year. Stevens said if the Council intends to exclude the Planning Board from the process and turn the growth policy over to Citizens for a Better Flathead and professional staff, then he will recommend to the commissioners that they withdraw from the interlocal agreement and CAB. Norbert Donahue, 144 Crestline, said he's neither for or against this plan, but he wants the Council, if they enlist the aid of professional planners, to get specific facts and make sure they are not leaning toward one side or the other. He said the Council should also look at the plan in respect to future years and be "hard-nosed" in enforcing it. Rob Heinecke, 307 Ponderosa Street, said he's also a member of the Planning Board and encouraged the Council to support the plan presented. Al Selling, 791 Springwood Lane, commented he's interested in affordable housing and he feels the proposed plan allows for that. He said the plan is flexible and non-discriminatory and asked the Council to follow the recommendations of the Planning Board. Ted Schlegel, 408 Ashley Court, said he feels the Planning Board's recommendation is the best for both sides. Kathy Schulte, 117 Fairway Boulevard, said she attended 14 of the 25 work sessions held by the Planning Board and feels the Board had an open-minded approach and did a wonderful job on the plan. John Stanneart, 501 Two Mile Drive, encouraged the Council to "look out for the little man" and support the Board's plan, which he feels is very flexible. Larry Lang, 1705 Emens Canyons Road, Kila, said he's a realtor and knows of a lady with 142 acres zoned AG-80 that has been for sale for over 6 months. He said because of the zoning designation, she can't subdivide it and therefore can't sell it. Lang asked the Council to be aware of what's happening when looking at the plan. Bryan Sipe, 1377 Whitefish Stage, Planning Board member, said he feels the 1998 document "was garbage." He said it was so restrictive, it had nothing to do with the little people. Kalispell City Council Minutes July 10, 2000 Page 3 of 15 Don Hines, 140 Westview, Planning Board member, said a tremendous amount of information was fed into the 1998 document from only one side. He said the Planning Board reworked it and it's now a very workable document. Opponents Ben Long, 920 6th Avenue East, Citizens For a Better Flathead Board Member, said the elected body is responsible for the plan, not the advisory board, and it' s time to revise it. He said a growth policy is needed that determines how growth will be paid for and the most cost-effective patterns for growth. Lex Blood, 844 3rd Avenue East, said as a member of one of the groups that put together the 1998 draft, it's interesting to hear that work referred to as "garbage". Blood said he understands the Council has a difficult task and recommended the Council revise the proposed plan, stating it will never suit everyone, but needs to be a vision of we want the valley to look like. Christina Granrud, 348 Ponderosa, suggested a middle road be taken between the 1998 draft and the 1999 version and encouraged the Council to consider revision with public participation. Gayle Bissel, 535 Lower Valley Road, said she participated in the 1998 document drafting and feels there were some important provisions that were thrown out in the 1999 draft. She also encouraged the Council to work on a revision of the plan. Dale Luhman, 169 Trailridge Road, representing Country Estates Homeowners Association, said he also worked on the 1998 plan and was disappointed it was totally rewritten. He also encouraged revision. Don Bowder, 538 5th Avenue East, recommended revision, commenting that we shouldn't stop growth, but it does need controls. He said well -planned, aesthetically -pleasing developments attract new businesses and elevates civic pride. Patricia Johnson, 714 4th Avenue East, told Council members they have a chance to be visionaries and suggested the plan be revised with possibly a combination of the two versions. Bill Rossiter, 530 6th Avenue East, referred to the Wisconsin Dells and said look at what happened to a beautiful place. He described it as a miniature Las Vegas with a river running through it because Kalispell City Council Minutes July 10, 2000 Page 4 of 15 there wasn't any planning. Rossiter urged the Council to revisit the 1998 plan. Joe Unterreiner, Chamber of Commerce, read a letter addressed to the Council concerning the plan. (Letter is attached and incorporated herein as if set forth in full at this place) Terry Wilder, 309 Willow Glen, spoke in favor of revising the plan and encouraged the Council to look again at the 1998 version and the recommendation to keep Willow Glen from becoming the truck bypass. Dale Gunderson, 540 2nd Street East, said resources in sensitive areas need to be taken care of and the plan needs to be revised. Mayre Flowers, 2770 Upper Lost Creek Road, commented this is an opportunity to revise the plan and set goals and policies that will bring the community together. She said affordable housing is a critical issue that needs to be addressed. Flowers commented the last legislature was very specific that growth policy plans look at the patterns of growth and address the costs of that growth. Julian Cunningham, 389 LaBrant Road, said he's concerned with the loss of farm land and would like the Council to revise the plan. He said he wants to live near a City that is pedestrian and biker friendly. Boharski closed the public hearing and asked Council members to consider one of the following resolutions. RESOLUTION 4565 - RESOLUTION ADOPTING THE PROPOSED CITY -COUNTY GROWTH POLICY PLAN RESOLUTION 4566 - RESOLUTION REJECTING THE PROPOSED CITY -COUNTY GROWTH POLICY PLAN RESOLUTION 4567 - RESOLUTION OF INTENT TO REVISE THE PROPOSED CITY -COUNTY GROWTH POLICY PLAN Larson moved Resolution 4567, a resolution of intent to revise the recommended -Kalispell City -County Growth Policy". The motion was seconded by Atkinson. There was discussion. Kalispell City Council Minutes July 10, 2000 Page 5 of 15 Larson said from the testimony, he heard a cry for balance, a cry for moderation and a cry for revision. He said all parties involved have worked hard on the plan, but he feels revising it is a reasonable compromise. Leistiko agreed, stating he doesn't feel the details and depth of the plan are sufficient enough to meet the statutory requirements and feels more input is needed. He recommended revising the document and added that most of the Council members have already submitted a list to the City Manager concerning what they feel needs to be in the plan. Van Natta said he's made no secret of his displeasure with the proposed policy and feels the Council has no choice but to revise the plan. He said he has spent hours going over the plan and he feels several things need to be changed. Haarr stated he's concerned with how the revisions are going to happen. He said the Commissioners have already made it clear they didn't want a plan too detailed, and revising it will cater to just a few groups. Haarr said all of the necessary specifics are in the plan, which he feels allows people to use their property for what they feel is right. Boharski said by not adopting the plan, the Council is taking a serious risk that the Commissioners will decide to take over the extraterritorial jurisdiction. He said the plan is supposed to be establishing a "growth policy", not "zoning", and the proposal has everything the law contemplates. Boharski said the plan before the Council puts "us far ahead of where we are today" and after it's adopted, then changes can be considered. The motion carried upon roll call vote with Atkinson, Kenyon, Larson, Leistiko and Van Natta voting in favor, and Counsell, Haarr, Scarff and Boharski voting against. ORDINANCE 1356 - 2ND READING - AMENDING S 2-65, KALISPELL MUNICIPAL CODE This ordinance brings the City Code into State compliance concerning the appeal requirements for the Municipal Court. Scarff moved second reading of Ordinance 1356, an ordinance amending Chapter 2, Administration, Section 2-65, Kalispell City Code, and declaring an effective date. The motion was seconded by Larson. Kalispell City Council Minutes July 10, 2000 Page 6 of 15 There was no discussion. The motion carried unanimously upon roll call vote. CONFIRMATIONS - FIREFIGHTERS /PARAMEDICS ERIC ROSENDAHL AND TINT SOULE Both Rosendahl and Soule have successfully fulfilled the requirements of their probationary period with the Fire Department and Council confirmation is required. Atkinson moved confirmation of Eric Rosendahl. The motion w seconded by Van Natta. I There was no discussion. The motion carried unanimously upon vote. Atkinson moved confirmation of Tim Soule. The motion was seconded by Counsell. There was no discussion. The motion carried unanimously upon vote. ORDINANCE 1357 - 1ST READING - ORDINANCE AMENDING THE KALISPELL SUBDIVISION REGULATIONS Currently, the regulations provide for review of subdivisions under the generic term "days". House Bill 300 clarifies the review time line to mean "working days", which in effect increases the amount of time available to local governments to review and act upon subdivision proposals. Larson moved first reading of ordinance 1357, an ordinance amending the Kalispell Subdivision regulations by clarifying the amount of time allowed for reviewing major and minor subdivisions in order to comply with State statute, and declaring an effective date. The motion was seconded by Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. CONDITIONAL USE PERMIT - SALVATION ARMY Salvation Army has requested a conditional use permit to allow the operation of a day care center in an H-1, Health Care, zoning district. Kalispell City Council Minutes July 10, 2000 Page 7 of 15 Lt. Monte Jones, 216 Glenwood Drive, Salvation Army Corporate Director, said Sugar and Spice day care is being required to vacate their current facility at the Christian Center Church because the church needs additional space for expansion. He said during the day, about 70% of the Salvation Army building is vacant and they are able to adopt the day care program. Jones stated there is a lack of safe and licensed day care facilities in the area and Salvation Army is planning to convert approximately 10,000 square feet of existing space to be used for the center, which could then accommodate 75 to 100 children between the hours of 6:00 a.m. and 6:00 p.m. Jones said he was glad to hear Councilor Haarr mention property rights during the growth policy discussion, because he feels the Salvation Army has a right to help save Sugar & Spice and provide quality day care for the area. Boharski asked for public comment. Proponents Steve Staneart, 471 Cougar Trail, Whitefish, Salvation Army Community Center Director, stated the largest concentration of working mothers are on Buffalo Hill and the need for the day care is great. He said he feels that all of the concerns presented at the Planning Board's public hearing have been addressed, such as the requirement for sight -obscuring fencing and directional traffic signs. Kathy Walker, Sugar and Spice Learning Center Director, said the day care will be a good neighbor. She said Sugar and Spice works hard to instill respect for people and the community in the children and several letters from current neighbors attest to how well behaved the children are. Teresa Rogers, 395 7th Avenue West North, said she works at Sugar and Spice and can't imagine not having Sugar and Spice in Kalispell. She said parents are concerned it will close because everyone knows there just aren't enough licensed day cares in the area. Sharon DeVall, 601 Cynthia Drive, said she works on the hill and has been on a waiting list for the hospital day care for almost two years. She encouraged the Council to approve the conditional use permit. Janet Benskoder, Bigfork, said she works at Sugar and Spice and it offers services that no one else does and she knows it can be an asset at the Salvation Army location. Kalispell City Council Minutes July 10, 2000 Page 8 of 15 Eleanor Brunnett, Birchwood Court, said Sugar and Spice isn't just a day care, it's a family. She stated the children are dependant on them and it would be a hardship to move them. Opponents Rosalie Heinecke, 61 Buffalo Hill Drive, stated the traffic situation needs to be addressed. She said she's concerned about elderly people walking between the Salvation Army and the Lutheran Home with no sidewalks and the traffic going back and forth. Jeff Little, 64 Buffalo Hill Drive, said the day care is proposed in the wrong location. He said it will negatively impact property values and would increase the traffic flow. Little asked Council members that if approved, the day care be limited to 50 children and restrict access to the alley. Norbert Donahue, 144 Crestline Drive, said he's not against the Salvation Army or day cares, but he is for the integrity of the neighborhood, which is being violated "right and left". He asked that if approved, the Salvation Army be required to construct a 6 foot fence, limit the number of children to fifty, and make a one- way street from Charlotte to Highway 93. Larson, on behalf of Michael Ober, 54 Buffalo Hill Drive, who couldn't be at the meeting, said Ober expressed concern that his wife, who works nights, will not be able to sleep during the day with the noise from the playground. Boharski asked how condition number 6 will be enforced, which reads: "That directional traffic signs shall be coordinated with the Kalispell Public Works Department restricting access to the alley and directing traffic to the light at Conway and Highway 93". Narda Wilson, FRDO, said the parking lot connects with the alley on the south, and there is some concern about people taking the alley. She said some well -placed signs could be erected to direct traffic onto Bountiful and then onto Conway. Leistiko asked how long the children play outside each day. Walker said different age groups go outside at different times, usually around 12 children at a time, for about fifteen minutes. Haarr asked what the fencing will encompass. Kalispell City Council Minutes July 10, 2000 Page 9 of 15 Wilson said one of the conditions included in the CUP calls for fencing along the common boundary of residentially developed property. Leistiko moved approval of the Conditional Use Permit for Salvation Army. The motion was seconded by Counsell. There was discussion. Haarr said he's opposed to the motion, stating there are certain elements that clarify property rights and you can't do something that's a detriment to another person. He said this is not a buffer zone any longer, it's an intrusion. Haarr criticized the Salvation Army for not contacting property owners initially and discussing the plan. He encouraged Council to look carefully at the proposal and consider a limitation on the number of children. Counsell said in 1975 and 1976, his children attended Sugar and Spice. He said the day care hasn't bothered the neighbors in its present position and he feels this is a good location. Counsell said the day care is well run and controlled and any noise produced will be "happy noises". Boharski suggested the fencing be a combination of fencing and landscaping to help dampen the noise. The motion carried with Haarr voting against. RESOLUTION 4564 - HIGHWAY 93 SOUTH UTILITIES EXTENSION In order to prepare a utility construction agreement, the Montana Department of Transportation is asking for a commitment from the Council to extend utilities south to Four Corners in conjunction with the reconstruction of Highway 93 South. Scarf moved Resolution 4564, a resolution committing the City of Kalispell to funding the extension of municipal water and sewer utilities from the City limits to Four Corners during the reconstruction of U.S. Highway 93 South. The motion was seconded by Van Natta. There was discussion. Kenyon said he noticed in Public Works Director Jim Hansz' memo that the primary consideration for extending utilities during highway reconstruction is the cost factor. He said even though, from an engineering standpoint, it may be cheaper to extend the Kalispell City Council Minutes July 10, 2000 Page 10 of 15 utilities now, he's not convinced that what sometimes appears to be "very cheap on the front end, may not in fact be cheap in the long run". Hansz said the direction to staff was to determine the best way to extend utilities to Four Corners. He said staff looked at a number of options and determined the lowest cost would be to extend the utilities during the highway reconstruction. Hansz said to try and do it later, even if the State agreed the City could tear up the road, would add cost, even if the project was phased. Kenyon asked if the Extension of Services Plan was looked at, such as master plan goals and growth management. Hansz answered no, because his office was only directed to develop an engineering scheme for the placement of those utilities. He said this meeting is to discuss the pros and cons. Kenyon said he feels a plan for the development of that area is essential and needs to be included in the extension. He questioned how the City is going to pay for this. Kukulski said there are basically three ways to pay for the 2.3 million dollar extension: 1) through the sale of property; 2) a "modest" rate increase; or 3) sale of bonds. He said the City can recover some of the costs through latecomer charges. Kukulski said extending the utilities during the reconstruction is definitely the cheapest way to go and he feels the extension can greatly enhance the southern entrance to Kalispell. Atkinson said the staff has done an excellent job in doing what they were supposed to do, but he's concerned the money and planning just isn't there. He said there's been discussion that prior to hooking onto the utilities, the user has to annex. Atkinson likened it to the extension in Evergreen when the City thought it had the annexation issue taken care of, but it didn't. He said he sees it happening again south of Kalispell and without a plan, it's a "formula for strip development". Hansz said the mistakes made with Evergreen have now been corrected in the Extension of Services Plan by requiring annexation, or at least a petition to annex, by anyone who wants access to services. He agreed that the Council needs to have a good idea of the kind of development that is preferred, which may mean amending or adding conditions to the subdivision standards. Kalispell City Council Minutes July 10, 2000 Page 11 of 15 Atkinson said despite the changes in the annexation procedures, he's still concerned strip development will occur. Leistiko stated the plan is to annex the road, so as far as he's concerned, the annexation is handled. He commented that the reconstruction includes sidewalks, curbs, gutters and landscaping to make the southern entrance look nicer, and it doesn't make sense not to add the sewer and water at the same time. Larson agreed, stating the City shouldn't pass up a wonderful opportunity to enhance that area. He said he can't think of a worse example of lack of planning than denying this motion and not extending the utilities when it's economically feasible. Van Natta said he also feels this is a good proposal and the extension will foster changes for the better. He said this is the time to do it because the cost will be prohibitive later. Van Natta suggested, however, that the City needs to push for annexation of the road immediately. Haarr asked, under the worse case scenario, what it would cost the ratepayers to pay for the extension. Kukulski answered it would cost about thirteen cents per thousand gallons on the water, and about thirty cents per thousand gallons on the sewer. He said for a family of four, a total of about six dollars per month. Haarr said he'd like to see a condition in the resolution prohibiting a rate increase as a means of funding the extension. Public Comment Patricia Johnson, 714 4th Avenue East, said the Council needs to stipulate a method of payment in the resolution. She said it's bad banking to approve a project before you know how to pay for it. Jean Johnson, 787 North Main, said he has "all the confidence in the world" the City can come up with the money and it shouldn't miss the opportunity to put the sewer and water lines under the highway. Christina Granrud, 348 Ponderosa, said funding is the key. She said the City has to have a plan and not pay for the utilities extension at taxpayer expense. Kalispell City Council Minutes July 10, 2000 Page 12 of 15 Clare Hafferman, 1337 3rd Street West, asked who the utilities are being put in for and what will it cost the taxpayers. She said until the Council comes up with a plan, it shouldn't go any further. Kathy Lundgren, 11 Big Sky Boulevard, stated if the extension is made, she wants a guarantee that rates won't go up. Mayre Flowers, CFBF, said the Council should amend the resolution to require the Highway Department to petition for annexation. She said other conditions should be the development of an overlay plan prior to construction and a limitation on further extensions of utilities for a period of ten years. Finally, Flowers said the Council should require the repayment of monies spent be paid back to the funds they came from. Kenyon• - • to amend the resolutionby adding the following conditions: 1) require the completion of an overlay zone with design standards criteria prior to the initiation of highway construction, to be complied with on any future development or annexation;and •. • ^ monies utilized • the expansion • be paid back to the source they derived from. The motion was seconded by Atkinson. There was discussion. Kukulski asked if the highway annexation should be included in the amendment. Kenyon agreed, adding a third condition to the amendment requiring the State to petition for annexation prior to the start of construction. The second concurred. Neier said the first two conditions are placing obligations on the City that he doesn't feel is proper. He said the State doesn't care if there's any overlay zone or how the City's going to pay back the monies. Neier said the annexation requirement is probably appropriate, but the only thing the State is interested in is whether the City is going to commit to the utilities extension. Hansz commented that if it doesn't harm anything, it might reassure the public. Neier said it won't harm anything, but he still doesn't think it's proper. Kalispell City Council Minutes July 10, 2000 Page 13 of 15 Kukulski suggested that immediately following the vote on the resolution, a motion containing those amendments be made so that there's a record of it in the minutes. He said the annexation issue, however, should remain as a condition on the resolution. Kenyon agreed to remove the first two conditions from the motion. Atkinson concurred. The motion carried with Haarr and Scarff voting against. The main motion as amended carried upon roll call vote with Counsell, Haarr, Larson, Leistiko, Scarff, Van Natta and Boharski voting in favor, and Atkinson and Kenyon voting against. Kenyon moved the Council require;_ completion of an overlay zone with designstandards - _ prior to the initiation of highway construction, to be complied with on any future development or annexation; and 2) require monies utilized for the expansion to be paid back to the source theyThe motion was seconded by Atkinson. There was discussion. Both Boharski and Haarr questioned whether the City can overlay private property outside the City. Narda Wilson, FRDO, suggested that a Highway 93 South Development Plan could be established that includes specific design standards. She said the City could then require compliance with those standards prior to annexation or connection to services. The motion carried with Haarr, Scarff and Boharski voting against. AFSCME CONTRACT RATIFICATION Representatives of the City and the American Federation of State, County, Municipal Employees Local #256 have reached an agreement on a new three-year labor contract. Union members have already voted in favor of the agreement, and are asking for Council ratification. Larson moved for ratification of the AFSCME Contract. The motion was seconded by Leistiko. There was discussion. Larson thanked Kukulski, Neier and Personnel Specialist Marti Hensley for their work on the contract and added he feels it's a fair agreement for both sides. Kalispell City Council Minutes July 10, 2000 Page 14 of 15 Haarr commented the agreement amounts to 8.14 percent over three years and raises in the private community wouldn't match this level. He said this is a very generous raise and there "will be a day of reckoning". Boharski stated the raises for the administrative staff set the precedent for the AFSCME raises and warned the money will eventually run out. Kukulski said the average raise across the State is considerably higher. He said a 2.73 percent raise is not an exorbitant increase and he doesn't think it's an accurate statement that it's a lot higher than those in the private sector. Haarr said State statistics are not relevant to Flathead County, which has the lowest per capita income of any of the eight largest counties in the State. Larson said those statistics will never change with attitudes like that. Van Natta commented he feels a 2.73 percent raise reflects a good negotiation. The motion carried with Boharski voting against. MAYOR/COUNCIL/CITYMANAGER'S REPORT Kukulski informed the Council the City will not be receiving its taxable values and millage rates from the State until the week of July 24th. He said a work session on the budget is planned for July 31st. ADJOURN The meeting was adjourned at 11:50 p.m. ATTEST: Theresa White City Clerk Wm. E. Boharski Mayor Kalispell City Council Minutes July 10, 2000 Page 15 of 15