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1. Council Minutes - Regular Meeting - April 4, 2011A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7*000 O APRIL COUNCIL 20119 IN THE CHAMBERS KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS GABRIEL, BOB Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police roger Nasset, Finance Director Array Robertson, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. Atkinson moved to approve the Agenda. The notion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPR-OVAL 1. Council Minutes — Re ular Meeting — March 212011 2. Bid Award -- Sidewalk & Curbing Project Two bids were received for the 2011 Sideway and Curbing Project from. Apex Contracting Inc. and S andon Construction. Staff recommended the bid be awarded to S andon Construction for a potential expenditure of 50150 sidewalk and curbing funds in the amount of $45,654.00. 3. Postpone Contract Award — South Meadows Subdivision Drainaze Improvements Project Storm water improvements are recommended in the South Meadows Subdivision right-of- way. Statements of Qualifications were received from 11 local and regional engineering firms and staff requested the contract award be postponed to April 18 to provide additional review time. 4. ordinance 1694 --- PUD Aueernent Extension — Cornerstone Community Church — 2nd Readin This is a request for a one-year extension of the Planned Unit Development agreement to construct banking facilities at the corner of Northridge Drive and Highway 93. Ordinance 1694 passed unanimously on first reading March 21. 5. Ordinance 1695 — Arnendin ordinance 15 87 -- Irn act Fees — 2nd Readin This ordinance refines the administrative procedure for installment payments of impact fees as authorized under Ordinance 1587. Ordinance 1695 passed unanimously on first reading March 21. Kalispell City Council Minutes April 4, 2011 Paore 1 6. Ordinance 1696 —Lighting Ordinance Revisions — 2nd Reading (Moved to main Agenda as Item D/3 7. Proclamation — BIG WHEELS VVEEK — April 10- 16,- 2011 Kluesner moved to remove Ordinance 1696 from the Consent Agenda and place it on the main Agenda as Item D/3. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Larson moved to approve the Consent Agenda as amended. The motion was seconded. There was no discussion. The main motion, as amended, carried unanimously upon roll call vote. 4-4 PUBLIC COMMENT The following people expressed concerns with propo,sed firefighter lUoffs, and the possible privatization of the ambulance: Sharon Juelfs, 306 Harrison Boulevard. Richard Grady, Canyon Creek MT. Ben Parsons, 1004 2nd Avenue East. Theresa Macklin, 2016 Green Cove. Roxanne Brothers, 786 4th Avenue West North. Adrianne Newlon, 149 Denver Avenue. Marvin Birk, 1349 Creekside Drive. Jill Cheman,, 2462 Highway 2 West. Ginny Stewart, 254 Farview Drive. John DeNeeve, 670 Concord Lane. Dr. Richard Briles, 27 Meadow Lark Ridge Road. Suzanne Dickenson, 1914 Teal Drive. Kalispell City Council Minutes April 4, 2011 Page 2 Scott Williams, 126 Baron Way. Mary Granger, 206 Sunrise Lane. John Kurmler, 47 East Wyoming. Byron Guy, 270 S irueek. Roger Phillips, 223 Glenwood Drive. Robert Sander, 1222 'Third Avenue East. Caitlin Grady, 152 Empire Loop. Theresa Thiebert, 50 Empire Loop. Ryan Rennie, 141 Beargrass Lane. Joanne Blake, 910 7th Avenue 'west. Jamie Askvig, 120 Leisure Drive. Margaret Sand, 182 Moondance Trail, B igfork. Heather Pierce, 528 Birch Grove Road. Chris Wornbeck, 528 Columbia Avenue, Whitefish. Kathleen Walters, 154 Sherry Lane. F. Ray Ruffatto, 114 vista view Trail. Mile Corbett, 356 Fox Den Trail. Molly Thiebert, 1340 8th Avenue East. Pauline S j ordahl, 234 3 rd Avenue West. Taylor Zachary, 2315 Coot Court. Allen Brooks, Columbia Falls. Randy Hedges, 319 Harrison Boulevard. Doug Schwartz, Sth Avenue East. Kalispell City Council Minutes April 4, 2011 Page 3 Wayne Sand, 182 Moondance Trail, B igfork. Benjamin Graham, Somers. The follow,ing,person supported the layoffs if the city does not have the alone Boyd Roth, 1343 6th Avenue East. D. REPORTS/RECOMMEENDATIONS AND SUBSEQUENT COUNCIL ACTION Resolution 5491 would increase water, waste water, and solid waste rates over a five-year adjustment period. A notice to all consumers was mailed on March 10 with a public hearing held on March 21. . Howington gave a report. Public Comment None. Kenyon moved Resolution 5491, a resolution to adopt the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell water, wastewater and solid waste utilities. The motion was seconded. Council Discussion There was discussion regarding paying the WWTP bonds and incrementally adjusting the rates. aun.er moved to amend the motion to use the alternate resolution provided by the city attorney which reaches the sane goal, but adjusts the sewer and water rates in smaller increments. The motion was seconded.. There was further discussion. The amendment carried upon roll call vote with. Atkinson, Gabriel, Kluesner, Larson, averud, Zauner, and Mayor Fisher voting in favor, and Hafferman. and Kenyon voting against. The main motion, as amended, carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesn.er, Larson, Saverud, Za.uner, and Mayor Fisher voting in favor and Hafferman voting against. D/2. ORDINANCE 1697 — AMIENDING ANIMAL REGULATIONS — 1ST READING Ordinance 1697 amends the animal regulations by placing limitations on fowl and placing Kalispell City Council Minutes April 4, 2011 Page 4 responsibility on dog and cat owners to pick up after their pets on public and private property. Harball gave a report and answered questions. Public Comment John Whitmore, 559 North Main Street, spoke in favor of the ordinance but requested that the number of chickens allowed be more than six. Pauline Sjordahl, 234 3rd Avenue West, asked what would motivate people to pick up dog waste. Kenyon moved first reading of Ordinance 1697, an ordinance amending the City of Kalispell municipal code regarding the regulation of animals within the City codified at Chapter 4, amending all parts or portions of ordinances in conflict herewith, declaring an effective date, and authorizing the City Attorney to codify the same. The motion was seconded. Council Discussion There was discussion concerning chickens and the number that should be allowed. Atkinson moved to remove Section D, Limitations on Fowl, and requested it be brought before the council as a separate issue on April 18. The motion was seconded. The motion carried unanimously upon roll call vote. There was no further discussion. The main motion, as amended, carried unanimously upon roll call vote. (Removed from Consent Agenda) This ordinance places a five -acre cap for lighting assessments on large vacant parcels. Ordinance 1696 passed unanimously on first reading March 21. Harball gave a report and answered questions. Public Comment None. Saverud moved second reading of Ordinance 1696, an ordinance setting a per parcel or lot limit on the assessment of the City of Kalispell Special Lighting District. The motion was seconded,. Atkinson moved acceptance of the minor changes to the ordinance. The motion was seconded. Kalispell City Council Minutes April 4, 2011 Page 5 11 There was no discussion. The motion carried unanimously upon vote,. There was no further discussion. The main motion, as amended., carried unanimously upon roll call vote.. E. MAYOR/COUNCIL/CITY MANAGER/REPORTS- Action Howington and several council members responded to comments concerning the fire department and ambulance service. The meeting was adjourned at 10:42 p.m. Theresa white City Clerk Kalispell City Council Minutes April 4, 2011 Page 6