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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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December G, 2010
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