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12/06/10 City Council MinutesAlso present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Finance Director Array Robertson, Duman Resources Director Terry Mitton, Senior Planner Sean Conrad, Parks Director Mike Baker, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. 1. Council Minutes — Re ular Meetin -- November 15 bolo 2. Award Bid —Rotary Mower (Moved to main Agenda as Item E/6) 3. ordinance 1688 — Amending Animal Regulations ulations — Dan erous or Aggressive Do s -- 2nd Reading This ordinance would provide a procedure for the Municipal Court to take evidence and make a finding of whether a dog is dangerous or aggressive, and if found dangerous or aggressive, allows the judge to place requirements on the owner to protect the public. Ordinance 1688 passed unanimously on first reading November 15. 4. Police officer Confirmations Brian Struble and Jordan Venezio have completed their one-year probationary period with the Kalispell Police Department and council confirmation is requested. Kluesner moved to remove #2. Award Bid — Rotary Mower, from the Consent Agenda and move it to the regular Agenda as Item E16. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes December 6, 2010 Page 1 Gabriel moved to approve the Consent Agenda as amended. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. C. PUBLIC COMMENT None. PROPOSEDPUBLIC HEARING - 5 ■ SEWER RATE INCREASE Mayor Fisher opened the public hearing. Proponents None. Opponents. None. Mayor Fisher closed the public hearing. man,i` • . � � , i; � is � � ` : i; . 1.11/1. RESOLUTION 5467 - BOARD OF INVESTMENTS LOAN (TABLED NOVEMBER 15 The 2011 fiscal budget includes financing for the purchase of three police cars and equipment for the parks department. Resolution 5467 authorizes participation in the Board of Investments loan program for afive-year loan in the amount of $187,150. Kenyon moved to remove Resolution 5467 from the table. (Resolution 5467 reads, "A resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Date Tender option Municipal Finance Consolidation Act Ponds (INTERCAP Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto.") The motion was seconded. The emotion carried unanimously upon vote. Howington gave an updated report and answered questions. Harball and Robertson answered questions. Kalispell City Council Minutes December 6, 2010 Page 2 Public Comment None. Council Discussion Kluesner noted he does not life the way the documents are written and suggested we use a portion of the reserves and only borrow enough for the parks equipment. He also protested that no competitive financing bids were requested. Atkinson remarked that Board of Investment offers the best interest rates and it would be an exercise in futility to shop around. He said he is very comfortable with this loan. Hafferrnan commented he is concerned about justification for the bond, and that bonding has gotten us into today's problems. He suggested we pay cash for the police cars. Gabriel noted she is nervous about spending money from the reserves because the city has no idea what the rest of the winter will bring and how much it will cost for snow removal. Atkinson moved an amendment to use Board of Investment funds to pay for the parrs equipment and cash for the police cars. The motion was seconded. There was discussion. The amendment carried upon roil call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Saverud, and Mayor Fisher voting in favor, and Hafferman and Zauner voting against. The main motion, as amended., carried upon roil call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Saverud, and. Mayor Fisher voting in favor, and Hafferman and Zauner voting against. The Flathead County Board of Commissioners is requesting the city abandon the alley adjacent to the Earl Bennett Building between 1 oth and 11 th Streets west as part of a parking construction project. Harb all gave a report and answered questions. Public Comment None. Larson moved. Resolution 5470, a resolution to abandon the alleyway in Block 132 of Kalispell Original Townsite and to dispose of such real property. The motion was seconded. Kalispell City Council Minutes December 6, 2010 Page 3 There was no discussion. The motion carried unanimously upon roll call vote. E13. RESOLUTION 5471 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — BUDGET AMENDMENT -- AIRPORT TAX INCREMENT FINANCING DISTRICT On. November 15, the city council approved a request from. Avail-TVN for approximately $21,000 in Airport TIF funds to run a fiber optic line under Highway 93 South. Resolution 5471 schedules a public hearing on the budget amendment for December 20. Howington gave a report and answered questions. Public Comment None. Saverud. moved Resolution 5471, a resolution of intent calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council. The motion was seconded. Council Discussion I Iafferm.an remarked this is a good way to do various projects. He said the budget amendment process prevents the money from being used as a slush fund. The motion carried unanimously upon roll call vote. E/4. ORDINANCE 1689 — PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT - NORTHWEST HEALTHCARE — 1ST READING Northwest Healthcare is requesting a PU"D overlay zoning district on. approximately 10 acres to allow for a multi -phase expansion of the Kalispell Regional Medical Center. Conrad gave a report and answered questions. There was extensive discussion regarding sidewalks, roads, and north -south connectivity. Public Comment Ted Hirsch, representing the KRMC Administrator, introduced Marcella Pierrottet, Director of Design and Construction for the project, and Bill Astle, KRMC' s attorney. He remarked this is the right time to build this project and that they appreciate council' s support. Kalispell City Council Minutes December 6, 20 10 Page 4 Margaret Davis, 160 Charlotte Avenue, stated she has no problem with the expansion, but asked council to require infrastructure and sidewalks. She requested KRMC reserve a right-of-way on Bountiful Drive for a future city street and noted street closures during construction are a serious concern for the residents. Gabriel moved first reading of ordinance 1689, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning ordinance, (ordinance No.1677), by creating a planned unit development overlay zone over certain real property described as Kalispell Regional Medical Center 4 Lot 2 and a portion of the common area and Lots 4 and 5 of the Resubdivision of Simmons Addition No. 78 in Section 6, Township 28 North, Range 21 west, Flathead County, Montana, currently zoned. City H-1, Health Care, in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Council Discussion Several council members offered conditions for road connectivity and there was discussion regarding the city's regulations with road closures. Atkinson moved to table ordinance 1689 until December 20. The motion was seconded. The motion to table carried upon roll call vote with Atkinson, Gabriel, Hafferrnan, Kenyon, Kluesner, Larson, Saverud, and Mayor Fisher voting in favor, and. Zauner voting against. E/5, CONTRACT RATIFICATION — AFSCME UNION Local 256 ratified the 2010-2013 Collective Bargaining Agreement between the city and the AFSCME union on December 2. Howington gave a report and answered questions. Harball answered questions. Public Comment None. Larson moved council ratify the 2010-2013 Collective Bargaining Agreement between the city and AFSCME Local 256. The motion was seconded. Council Discussion Haffernlan remarked that staff and the union negotiators should be congratulated for a clear and thoughtful contract and he appreciates the union's willingness to work with the city during these tough economic times. Kalispell City Council Minutes December 6, 20 10 Page 5 Larson agreed, commenting that he really appreciates the union's attitude. The notion carried unanimously upon vote. E/6. AWARD BID —ROTARY MOWER (Removed from Consent Agenda) One bid was received for a large 2010 Rotary Mower for the Parks and Recreation Department. Staff is recommending the bid be awarded to Midland Implement in the amount of $69,900.00. Kluesner suggested that the bid be advertised again in order to get more than one response. Baker explained there are only a couple of companies that produce a mower this size and both of there received the specifications. Public Comment Done. Atkinson moved the bid be awarded to Midland Implement in the amount of $69,900. The motion was seconded. Hafferrnan noted he will vote "no" because this is being paid for with a bond. The motion carried upon vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. F. MAYOR/COUNCIL/CITY MANAGER/REPORTS, (No Action) Howington spoke about the snow removal policy and noted the majority of complaints are from people with driveways that have been bermed in. She said staff is doing what they can to help, however, they can only do so much. Larson remarked that after the last meeting, he received a phone call asking if the impact fee committee is going to be replaced. Howington explained the impact fee committee itself will not be changed, the discussion is whether to expand its scope by having the committee review policy issues. Mayor Fisher thanked the KDA and Pam Carbonari for the Christmas Parade and the tree lighting. Mayor Fisher mentioned several areas in town with graffiti and asked the staff to take care of it. Kalispell City Council Minutes December 61, 20 10 Page 6 Kiuesner had concerns about snow being deposited back on the sidewalks on Meridian Road and suggested that new residents be provided with information regarding city services when they sign up for water service. The meeting was adjourned at 9 : 3 9 p.m. Theresa white City Clerk Approved December 20, 2010 Kalispell City Council Minutes December G, 2010 Page 7