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A. Council Minutes - Regular Meeting November 2, 19981 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 2, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order. AGENDA APPROVAT. Haarr moved approval of the agenda as presented. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAT• A. Council Minutes -Regular Meeting October 19, 1998 Council Minutes -Special Meeting October 22, 1998 B. Approval of Claims per Payables Register-$360,373.11 Nystul moved approval of the Consent Agenda as presented. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Jana York, 129 Main Street, stated all citizens would benefit if there was more of a cooperative effort between the City and the County and the HAZMAT Team. Ann Stafford, Arizona St., expressed disapproval that Gary Nystul is one of the City Manager candidates and said many people are unhappy that all of the applicants meet the minimum requirements for the job except Nystul. John Harper, Parking Commission Director, said the Commission has five proposals for the Council and would like members to 'review those prior to the workshop November 9th. Bill Corwin, Lakeside, and Pete Davis, 412 Summit Ridge, representing Youth Leadership Flathead, asked Council members to speak to students about the City and the Council's responsibility at a Leadership session December 18th. Howard Henrickson, 202 Columbia Lane, on behalf of the Kalispell Lions Club, asked the Council to put the Lions Club in charge of the flag posting in Kalispell. K Troy Holt, President of the Kalispell Police Association, said the City and the Association still has not reached an agreement and the Police have been working without a contract since June. He said the negotiator hired by the City, Rick D'Hooge, has been given no authority to make concessions with contractual negotiations. Holt said the members of the Association believe their contractual requests are "fair and just," and the City's contractual position is "unjust and dictatorial in nature." In addition, Holt said the City has refused the Association's request for Binding Arbitration. He asked the City Council to show some leadership and sit down with the Associations's negotiating team. Boharski said the Council has given D'Hooge certain boundaries to work in and the response from the Police has been an "economic slow down." He said the latest offer from the Association is a nine percent pay raise in the first year of the contract. Boharski said over the past ten years, the Police Union has received increases fifty percent above the Consumer Price Index. He added the Council feels the Police are treated very well and has agreed unanimously the position D'Hooge has taken is appropriate. Boharski stated the Council is concerned with the "slow down" and it has remedies it can take, but the Council would rather resolve the process peacefully. Richard York, 129 Main Street, said the City's law enforcement response is quick and thorough and he's never heard of a "slow down . " AUTHORITY TO BID - AZABULANCE Neier explained the Kalispell Fire Department has completed specifications for a new ambulance and is asking for Council approval to advertise for bids. He said the Fire Department has been accumulating reserves for a few years to buy a new ambulance and there are sufficient funds available for the purchase. Larson moved the Council authorize the Fire Department to advertise for bids for a new ambulance. The motion was seconded by Graves. There was discussion. Donahue asked if the ambulance would bring the total number in the fleet up to five, or if one is going to be sold. Fire Chief Ted Waggener said the Department received only a minimal amount for the last ambulance it tried to sell, so he's hoping to make a rescue rig out of engine number four, which was purchased in 1988. Donahue said most people don't realize the ambulance is a "money maker" and even though there have been complaints about the rates, Kalispell charges less than the majority of other areas. 3 Waggener said by having the rates where they are, this is the first time the Department will have been able to purchase an ambulance without borrowing money. Atkinson commented the price for an ambulance call in Kalispell is actually the lowest compared to the other large cities in the State and the Department should be commended for keeping the costs down. The motion carried unanimously upon vote. AGREEMENT - NOFFSINGER SPRING FEASIBILITY STIM The Council recently directed the Public Works Department to proceed with an RFP for a hydrological analysis of the surface water influence on the ground water at Noffsinger Springs. Neier said the RFP is the first step in an attempt to avoid either abandonment or filtration of the water source and two companies submitted proposals. He said the Public Works Department received proposals from RLK Hydro and Land & Water Consulting Engineers and the PD staff has ranked Land & Water first. Neier stated the PWD is asking for Council's approval to negotiate a contract with Land & Water. Atkinson moved the City Manager enter into negotiations with Land & Water Consulting, Inc. for a Noffsinger Spring Feasibility study. The motion was seconded by Van Natta. There was discussion. Public Works Director Jim Hansz said an engineering services agreement has already been negotiated with Land & Water and he would like Council's permission to enter into that agreement. Atkinson agreed to change the motion authorizing the City Manager to enter into a contract with Land & Water Consulting not to exceed $9,900.00. Van Natta concurred. Donahue suggested that Hansz explain that the City was directed to do this study by the State. Hansz explained that in August, the State classified Noffsinger Spring as a ground water source under the direct influence of surface water. He said after that classification is made, the City has eighteen months to either abandon the Spring, come up with a filtering system or developing a plan that manages ground water that's under the influence of surface water. Hansz said the Feasibility Study is the first step in determining what the City should do. The motion carried unanimously upon vote. 4 RESOLUTION 4413 - OOPS MORE G2ZnNT Neier explained the Police Department would like Council's permission to accept a Federal Grant in the amount of $22,000.00 to provide for an additional dispatcher. He said the extra position would allow the department to utilize current civilian staff to work on hardware, software, data entry and diagnostic issues - associated with the computer system. Neier stated matching funds for the Grant will be made with authorized expenditures from the existing Police budget. Atkinson moved Resolution 4433, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1998-99 Budget adopted by the City Council for the COPS MORE Grant Program. The motion was seconded by Larson. There was discussion. Atkinson commented the grant i_s for only one year and asked what will happen to the position once the grant runs out. Garner said the grant was established to give officers additional time in the field by hiring a person to do a lot of the data entry they do now. He said the philosophy is that the position will be funded following the termination of the grant. Garner stated if the Council can't guarantee a continuation of the position, then he would rather not accept the grant. Nystul said there's a need city-wide for computer support and asked if the person Garner has in mind could provide other departments with help. Garner explained because of how the grant is structured, the person has to work strictly in the Police Department because they are actually audited on the number of hours that officers are allowed back in the field because of the grant. In addition, Garner said the position requires a rudimentary knowledge of computers, such as data entry, setting up printers and troubleshooting software, but it's not programming. Donahue stated the grant, after it expires, commits the City to an additional thirty thousand dollars a year. He said the City is having a hard time now funding the Department and he encourages the Council to reject the proposal. Larson said he doesn't feel the Council can determine at this time whether it will be able to fund the position next year or not. He said the grant should be accepted as long as the Council makes a good faith effort to retain that person. Graves said he feels there's a need for a full-time computer person in the City and if this is a way of getting one, then maybe it's a good idea. 5 Haarr agreed the entire computer system needs analyzing and it would be better to spend the thirty thousand dollars to hire someone who could work with all the departments. Van Natta said he's also concerned about committing the City to another_ position. Scarff commented if everyone can "keep an open mind" about the possibility of this person moving into a computer position for the entire City, then it might be worthwhile to accept the grant. Boharski said everyone has some good ideas, but he thinks by going outside the Police Department, it contradicts the good faith effort the grant has in mind. Garner agreed. The motion failed upon roll call vote with Atkinson, Graves and Larson voting in favor, and Donahue, Haarr, Nystul, Scarff, van Natta and Boharski voting against. ORDINANCE 1295 - ADOPTION OF REVISED KALISPEL.L CITY CODES - 2ND READING At the meeting of October 19, 1998, the Council adopted the first reading of ordinance 1295 adopting the revised Kalispell City Codes. Donahue moved the second reading of Ordinance 1295, an ordinance of the City of Kalispell, Montana, adopting a revision and codification of the ordinances of the City of Kalispell entitled "The Code of the City of Kalispell, Montana," providing for the repeal of certain ordinances not included therein, with certain exceptions, and for other purposes hereinafter set out. The motion was seconded by Graves. There was discussion. Donahue questioned Neier as to the status of the index. Neier answered as soon as Council passes the ordinance, he will send a copy to Sterling Codifiers who will start the indexing. Donahue asked for a sample of their work prior to making a commitment. The motion carried upon roll call vote with Atkinson, Donahue, Graves, Haarr, Larson, Nystul, Scarff, van Natta and Boharski voting in favor. CONDITIONAL USE PERMIT - CHERRY ORCHARD APARTMENTS Neier explained Kalispell Partners Limited Partnership has made a request -for a Conditional Use Permit to construct a 24-unit senior U. citizens apartment complex on Lot 6, Liberty Village Subdivision, located at the end of Liberty Street on the west edge of Kalispell. The Flathead Regional Development Office staff has recommended approval of the CUP. Larson moved approval of the Conditional Use Permit for Kalispell Partners Limited Partnership with the eight conditions attached. The motion was seconded by Nystul. There was discussion. Larson noted that at the Planning Board Meeting there was a concern about the drainage on Liberty Street and asked if the retention pond at the south end of the property will take care of any problems. Steve Kountz, FRDO, said the planned drainage retention pond will not solve the flooding, problem, but it won't compound it either. Donahue commented that in condition number six the spacing of trees was changed from fifty feet to twenty five feet which he feels is too dense. Jeff Fox, representing Kalispell Partners Limited, said the original intent was to plant the trees forty feet apart, but the Planning Board suggested that twenty five feet would provide a better barrier from the street noise of Kinshella Avenue. He said the developers had no problem with planting the extra trees and agreed it would provide a better screen. Boharski said he's concerned that the trees, planted that closely together, will create problems in the future. Parks Director Mike Baker stated the City's specifications for trees is forty feet. He said some of the original City trees were planted twenty to twenty five feet apart with the idea of removing every other tree after ten or fifteen years. Baker said the problem is they start to look so nice no one wants to cut them down and then you have overcrowding. Donahue moved to amend the motion by changing condition number six to read the trees shall be planted forty feet apart. The motion was seconded by Nystul. Nystul commented it would be simpler to completely delete the reference to spacing since the City's Street Tree ordinance requires the forty foot separation. Donahue agreed. There was discussion. Larson noted that since the trees will be on private property, the ordinance doesn't apply. He said the condition is the only way to 7 control the landscaping and by amending the Planning Board's recommendation, the Council is once again micro -managing. Donahue moved to put the forty feet back in the motion. Nystul stated. he doesn't concur. Neier said he feels the language is adequate the way it's written, but if Council prefers, he suggested adding that the trees conform to the City Street Tree Ordinance and let Baker and the developer come up with a solution. Nystul concurred with the modification as suggested by the City Attorney. Larson said he thought the Council was trying to get away from making "dictatorial conditions' and asked if from now on the Parks Department will decide how and where trees should be planted. Donahue commented the City has an ordinance on the books that satisfies his objection and all he's suggesting is making sure the trees conform to that ordinance. He said in this case however, the property is private and the Council is trying to tell the developer what to do on private property. Haarr stated that condition number six shouldn't even be in the permit. He said he's sure the developer will abide by the laws and it's not relevant. Van Natta said he still feels if it's on private property, the developer can do whatever he wants with the trees. Donahue withdrew his motion. Nystul concurred. Haarr moved an amendment to the main motion by striking condition number six. The motion was seconded by Scarff. Larson asked why the Council members feel they know more than the Planning Board and always have to change the conditions. He said the Council might as well do away with all the Boards and make all the decisions. The amendment carried upon vote with Atkinson and Larson voting against. The main motion carried upon vote with Larson voting against. CONDITIONAL USE PERMIT - TRINITY LUTHERAN DAY CARE Neier said Trinity Evangelical Lutheran Church has made an application to convert an existing home at 373 W. Washington into a day care center. He said the Kalispell City -County Planning D Board and Zoning Commission has reviewed the application and FRDO has recommended approval. Graves moved approval of the Conditional Use Permit for Trinity Evangelical Lutheran Church subject to the findings and conditions contained in the Permit. The motion was seconded by Atkinson. There was discussion. Donahue moved to amend the motion by changing the wording in the Conditional Use Permit, condition #5 to read: "shall be paved by the applicant in accordance with plans approved by the Public Works Department." The motion was seconded by Haarr. The amendment carried unanimously upon vote. Boharski asked why certain conditions, which are required by State Law, are included in the Conditional Use Permits. He said for example, condition number two stated the day care center shall be properly licensed with the State of Montana. Boharski stated since the license is already required by State Law, it seems redundant to add it to the permit. Kountz answered by including those conditions, it lets the applicant know exactly what has to be done. Boharski said he feels by adding them, it just confuses the issue. Atkinson said "in other words, you expect the applicant to know all the laws and not provide that information to them as a public service." Van Natta agreed, stating it helps to point out to an applicant what's necessary. Boharski said he feels those requirements should be discussed with applicants, but it's not proper to include them in the Conditional Use Permits. Larson commented as far as the Uniform Building and Fire Codes, there are about four prominent accepted building codes and about five major fire codes. He said when a developer sees he has to abide by the Uniform Building and Fire Codes, it eliminates any confusion. Haarr agreed with Boharski, stating the Conditional Use Permits can be streamlined so that the conditions listed actually mean something. Atkinson asked the citizens of Kalispell how they would like to work in the Planning Office right now with a Council that critiques every move. He said he feels the Planning Office should be 0 supported by the citizens, the supervisors and especially by the elected officials. Atkinson said this evening has been a prime example of "obstructionism and micro management." The motion carried unanimously upon vote. BUFFALO OMMONS EASEMENT ABANDO� Neier explained that Kalispell has had a utility easement since 1971 between the lift station at Grandview Drive and U.S. Highway 93 North to a manhole located at Northridge Drive. He said when Northwest Healthcare created the Buffalo Commons Subdivision and Planned Unit Development, it became necessary to relocate the easement outside the confines of the 1971 documents. Neier stated a new easement has been prepared along a surveyed line within the Buffalo Commons Subdivision and it's appropriate to abandon the old easement. Graves moved to authorize the City Manager to execute the Abandonment of Easement. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon vote. COUNCIL COMMENTS'JINFORMATION/QUESTIONS Donahue commended Chief Garner on the work the Police Department did on identifying trees and shrubs that are blocking intersections. Donahue also commended Neier on his report on the CAB meeting. He said it's the first time he's seen a CAB report in the three years he's been on the Council. Boharski asked Hansz when leaf removal will begin. Hansz stated the street sweepers are already in operation and crews will start working ten hours a day on Wednesday. He said the problem is the Department only has one leaf machine so it's a slow process. Hansz suggested citizens rake leaves into the street about two feet away from the curb so it's easier for the machine to pick them up. Boharski asked Harper to specify which lots the Parking Commission would like the City to buy. Harper said the three lots include the valley Bank parking lot, the block north of the Central School Museum and the TPT lot, including the buildings where the Parking Commission office is located now. 10 Boharski said he would like to respond to Atkinson's remarks and stated several Council members were concerned about the conditions listed in the Conditional Use Permits and he doesn't feel the Council was trying to tell the Planning Office how to do.it's job. Haarr noted there was another letter from Jerry Begg concerning water runoff from Teton Terrace and asked Neier if a work session on this problem could be scheduled. Neier answered he doesn't feel it's appropriate for his office to respond personally to Mr. Begg since he has hired legal counsel. Haarr responded it still might be a good idea to have a meeting to explain the situation to all the Council members. The meeting was adjourned at 9:12 p.m. Wm. E. Boharski, Mayor ATTEST: Theresa white Clerk of Council