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1. Council Minutes - Regular Meeting February 18, 2003A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, FEBRUARY 18, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO AND HANK OLSON WERE PRESENT. COUNCIL MEMBER JAYSON PETERS WAS ABSENT. Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Police Chief Frank Gamer, Fire Chief Randy Brodehl and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Leistiko moved approval of the Agenda. The motion was seconded. There was no discussion The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting February 3, 2003 2. Award Bid — Woodland Park Aquatic Facility and Skate Park The bid opening for the Woodland Park Aquatic Facility and Skate Park project was completed on February 6th with seven bids received. Staff recommended the bid be awarded to Swank Enterprises in the amount of $2,693,000. 3. Award Bid — Woodland Park Aquatic Facility Waterslide Components The bid opening for the Woodland Park Aquatic Facility Waterslide and Water Attraction was completed on February 6th with two bids received. Staff recommended the bid be awarded to Miracle Recreation in the amount of $163,720 for the waterslide and $42,860 for the water attraction. 4. Proclamation — National Patriotism Week — February 17 through 22 Kenyon moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. STUDENT ISSUES None Kalispell City Council Minutes February 18, 2003 Page 1 HEAR THE PUBLIC The following people spoke in support of a resolution for peace (resolution is attached and by this reference is made a part of the official record) Lex Blood, 844 3rd Avenue East, stated he presented the City Manager with a draft resolution for peace a week ago, hoping it would be on tonight's agenda. He said the resolution was prepared by a loosely knit group called People for Peace and opposes a pre-emptive attack on Iraq. Blood asked the Council to discuss the resolution as soon as possible at a work session. Richard Kuhl, 867 North Main, asked the Council to add the peace resolution to its agenda as soon as possible and read a quote from Robert Kennedy. Diane Keefauver, 48 West Evergreen, also asked the Council to consider the resolution. Joanne Blake, Flathead County Democratic Party Chairman, said a letter was recently faxed to Senator Baucus' office asking him to join other Senators in urging the President to give all peaceful solutions a chance to succeed. She said now she would like the Council to consider passing this resolution. Jim Mankey, Columbia Falls, stated he feels the policies of the President and his administration are careless and reckless that this proposed war has risks and calculations that will "go way forward in time" and said he hopes the Council considers passing this resolution. Bill Rossiter, 530 6th Avenue East, also urged the Council to take a close look at this resolution, describing the President's administration as "pro war" from the beginning. Diane Taylor, 920 3rd Avenue East, said seven people met for a peace rally in Depot Park on January 11 th. She said since then, they have been meeting every week and the last peace rally had over 140 people in attendance. Taylor invited the Council to attend the rally this coming Saturday and speak with the people there. The following people spoke on the proposed growth policv Jean Agather, 540 6th Avenue East, stated she is a representative of the Flathead Building and Industry Association which comprises 160 businesses. She said many of those businesses don't like portions of the proposed growth policy, but they all agree it's time to bring closure to the issue and adopt it. Rhea DeNeeve, 670 Concord Lane, said she works at Montana Coffee Traders, which is locally owned and operated. She said corporate developments don't support communities, local businesses do. She asked the Council to support the downtown and amend the commercial designation placed on the 80 acres near LaSalle and East Reserve Drive. Diane Conradi, Citizens for a Better Flathead, agreed with Agather, adding the growth policy process has been ongoing for years. She commented it has brought people together to discuss a vision for our community and now it's time to adopt it. Kalispell City Council Minutes February 18, 2003 Page 2 ORDINANCE 1445 — PUD AMENDMENT — CROSSWELL DEVELOPMENT LLC — 2ND READING This ordinance amends the Mountain View Plaza Planned Unit Development Agreement to allow The Home Depot to subdivide a portion of its property to create an additional building pad for resale. Ordinance 1445 passed on first reading February 3rd. Larson moved second reading of Ordinance 1445, an ordinance amending Ordinance No. 1380, (Planned Unit Development, Crosswell Development LLC) by amending the master site plan as shown on Exhibit "C" of the Planned Unit Development Agreement, and declaring an effective date. The motion was seconded. Atkinson commented the issue of signage may create problems and asked the Council to stand vigilant with the PUD and not allow any additional signage on the highway. The motion carried unanimously upon roll call vote. RESOLUTION 4772 — FINAL PLAT — THREE MILE DRIVE CORNER SUBDIVISION JC Family Partners LLC is requesting final plat approval for a two -lot subdivision that creates an additional lot to the north of property located at the northwest comer of Three Mile Drive and Meridian Road. The newly created lot will be developed with a professional office building. Counsell moved Resolution 4772, a resolution approving the final plat of Three Mile Drive Corner Subdivision, described as a portion of Lot 20, Block 1, Northwest Tracts in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Kukulski gave a brief staff report. Hafferman asked if the DEQ has approved the shared well agreement until the hook-up to Northern Lights is installed. Wilson answered they have as part of the final plat approval. The motion carried unanimously upon roll call vote. RESOLUTION 4773 —REVISING AND ADOPTING THE KALISPELL GROWTH POLICY 2020 The Kalispell City Planning Board presented its Draft Kalispell Growth Policy 2020 to the City Council in December, 2002. Following testimony from the public and suggestions from the planning staff, certain revisions were made. Atkinson moved Resolution 4773, a resolution revising the "Draft Kalispell Growth Policy 2020" as recommended by the Kalispell City Planning Board and adopting the "Kalispell Growth Policy 2020" for the entire jurisdictional area of the Kalispell City Planning Board. The motion was seconded. Leistiko moved to amend the Growth Policy Plan by changing all future land use maps in the Plan and Appendices to the Plan to reflect that all lands subject to Resolution 4717, passed Kalispell City Council Minutes February 18, 2003 Page 3 July 1, 2002 and later rescinded by this Council, revert to its previous designation as either Industrial, Residential or Agricultural. The motion was seconded. Leistiko explained that Resolution 4717 changed the land use designation on 232 acres of land northeast of the intersection of Reserve Road and US Highway 2. He said later it was determined the Council couldn't legally make the land use change without a growth policy, so the Council rescinded the resolution, meaning the change in designation to this land never happened. During the growth policy process, the land use designation to that property was changed, with 65 acres marked commercial. He said several people spoke before the Planning Board and the Council on different changes to the plan, and many comments revolved around that commercial designation. Leistiko said 1200 citizens signed a petition asking that the commercial designation be deleted: 244 from Ward 1; 351 from Ward 2; 330 from Ward 3; and 325 and Ward 4. He said the Council can't ignore these voters and asked for support on the amendment. Hafferman commented he will vote for the plan as it stands and read a written statement. (Statement is attached and by this reference is made a part of the official record) Counsell stated he voted against Resolution 4717, however, this policy looks forward twenty years and it would be short sighted to think this land will not be developed. He stated the designation should stand as it is. Olson said the Planning Board discussed this issue and determined to leave the designation as it is. He said he respects the board's decision and will vote against the amendment. Larson said he will support the amendment because he feels the Council has received clear guidance from all four wards. He said the signatures on the petitions need to be honored and the only thing the Council is doing is changing the color on the map. Larson added later on the color can be changed again if the Council wants to. Mayor Kennedy asked Harball if the amendment as presented is clear. Harball said his understanding is that Leistiko has moved that the designation of that property be turned back to Light Industrial as it was before. Leistiko nodded. The amendment carried on a roll call vote with Atkinson, Kenyon, Larson, Leistiko and Mayor Kennedy voting in favor, and Counsetl, Hafferman and Olson voting against. Kenyon moved to amend page 7,Chapter 1, Administration, Recommendations Section, Number 5 by deleting the words "neighborhood plan". The motion was seconded. Kenyon said he feels this is a clerical mistake and staff agrees. There was no discussion. The amendment carried unanimously upon vote. Kalispell City Council Minutes February 18, 2003 Page 4 Kenyon moved to amend page 16, Chapter 4, Land Use: Business and Industry, Policies Section, General Commercial, Number 3(b) by changing: "Expansion of established commercial districts is anticipated to occur lineally and laterally as a continuation of adjacent commercial development rather than the creation of new commercial areas", to read: "Expansion of commercial districts is anticipated to occur as infill and a continuation of existing commercial areas to avoid the creation of new commercial districts and leapfrog development." The motion was seconded. Kenyon commented he feels the original statement is confusing and that the amendment clarifies it. Atkinson asked if the term "leapfrog development" is proper terminology for the growth plan. Wilson said the term is well known within development and planning circles and she feels it would be fine and agrees with Kenyon that the amendment would provide greater clarity as to the intent of the statement. Hafferman commented he doesn't have a problem with the way it reads now and changing it amounts to "just more tinkering". The motion carried upon vote with Hafferman voting nay. Kenyon moved to amend page 19, Chapter 4, Land Use: Business and Industry, Policies Section, Recommendations, Number 5 by replacing "other public services" with "the cost of providing services", which would now read "When large-scale development may have significant impacts on the community, studies should be provided to assist in assessing impacts including analysis related to traffic, infrastructure and the cost of providing services". The motion was seconded. Wilson commented that the existing language or the proposed language would be "just fine". Hafferman said there's enough information in other documents that control development and that changing it isn't necessary. Leistiko called for the question. Mayor Kennedy asked that discussion be allowed on the growth policy since the only discussion so far has been to the amendments. Leistiko withdrew his motion. Kenyon, Atkinson and Mayor Kennedy thanked the Planning Board, planning staff and members of the community for their hard work and involvement with the policy over the last six years. Olson commented that because of what's happened this evening, he will have to vote against the resolution. Kalispell City Council Minutes February 18, 2003 Page 5 The main motion as amended four times carried upon roll call vote with Atkinson, Counsell, Hafferman, Kenyon, Larson, Leistiko and Mayor Kennedy voting in favor, and Olson voting against. RESOLUTION 4774 — REJECTING THE KALISPELL GROWTH POLICY 2020 Not acted on. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Mayor Kennedy announced there will be a work session immediately following the meeting for a budget presentation from the Parks Department, but first, the Council will discuss the request made this evening for a peace resolution to be placed on the next regular meeting agenda. Hafferman said it would not be appropriate to discuss an issue that has not been noticed on the agenda. Olson said he feels Hafferman has a valid point and the Council should always follow the agenda as published. Larson asked how the Council plans to handle public comment on this issue since people are not allowed to speak at work sessions. Kukulski agreed the public could not comment during a work session, but it would allow the Council to discuss the matter and give him direction on whether to place it on a meeting agenda. Kenyon commented he doesn't see a problem with discussing it this evening because the discussion wouldn't be on the validity of the resolution, but rather whether the Council wants to see it on the next agenda. Larson said he has two concerns: allowing the people who are requesting the resolution to present their case; and allowing it in a timely fashion. Mayor Kennedy said it appears the Council is split on the issue and she would entertain a motion as to how it should be handled. Olson moved that discussion of the peace resolution be placed on the work session agenda for this evening. The motion was seconded. Harball emphasized agendas are noticed and he feels discussing it this evening is inappropriate. Kukulski suggested placing it on next week's work session agenda. Olson agreed to a friendly amendment to place the issue on the February 24 agenda. The second concurred. There was no objection. Larson asked if the Council can allow public comment at a work session. Kalispell City Council Minutes February 18, 2003 Page 6 Kukulski answered "you have and you can" but it's been a practice that has been strongly discouraged over the past two years. Mayor Kennedy suggested any further comments should be placed in writing and presented to Council members prior to the work session. Hafferman commented he still doesn't think the issue should be discussed at all right now and the Council is out of order even talking about it. The motion carried upon vote with Hafferman abstaining. ADJOURN The meeting was adjourned at 8:20 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes February 18, 2003 Page 7