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1. Council Minutes - Regular Meeting - December 20, 2010A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, DECEMBER 20, 20109 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. COUNCIL MEMBER KARI GABRIEL WAS ABSENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, City Engineer Paul Burnham, Finance Director Amy Robertson, Planning Director Tom Jentz, Senior Planner Sean Conrad, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved to approve the Agenda. The motion was seconded. There Was no discussion. The motion carried unanimously upon vote with Gabriel absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — December 6, 2010 Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. C. PUBLIC COMMENT Liz Moss, director of the Hockaday Museum, thanked the city manager and the council for allowing them to display the mosaic hanging in City Hall and explained the art project. D. PUBLIC HEARING — BUDGET AMENDMENT — AIRPORT TIF Council received comments concerning a budget amendment of approximately $21,000 in the South Kalispell/Airport tax increment financing fund for Avail-TVN to run a fiber optic line under Highway 93 South. Howington gave a report. Kalispell City Council Minutes December 20, 20 10 Page 1 Mayor Fisher opened the public hearing. Proponents None. Opponents None. Mayor Fisher closed the public hearing. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EI1. RESOLUTION 5472 — BUDGET AMENDMENT — SOUTH KALISPELL/ AIRPORT TIF FUND This budget amendment Will allow Avail-TVN to run a fiber optic line under the highway to be used for improvements to property located at 2240 Highway 93 South. Public Comment Kim Morisaki, Montana West Economic Development Business Development Manager, stated they appreciate council' s support for Avail's project. Atkinson moved Resolution 5472, a resolution 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 None. The motion carried unanimously upon roll call vote with Gabriel absent. E12. ORIDINANCE 1559 — PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT - NORTHWEST HEALTHCARE — 1ST READING (TABLED DECEMBER 5) Northwest Healthcare is requesting a PUD overlay zoning district on approximately 10 acres to allow for a multi -phase expansion of the Kalispell Regional Medical Center. Kluesner moved to remove ordinance 1559 from the table. (ordinance 1559 reads, "An ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (ordinance No. 1577), 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 Kalispell City Council Minutes December 20, 20 10 Page 2 the common area and Lots 4 and 5 of the Resubdivision of Simmons Addition No. 78 in Section 5, 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. The motion to remove carried unanimously upon vote with Gabriel absent. Bill Astle, attorney for Northwest Healthcare, explained they have secured the north -south access to be open throughout construction, and noted Peccia and Associates will conduct a traffic impact study to be completed in 2011. Astle concluded his remarks by noting that KRMC agrees to all 13 conditions, and committing that they will not close any access without city permission. Public Comment Margaret Davis, 160 Charlotte Avenue, commented that the application is much improved and all will benefit from these improvements, but remarked that Bountiful Drive needs to be included. Council Discussion Saverud moved to amend the main motion to add Conditions 11, 12 and 13. The motion was seconded. Conrad answered questions. There was discussion regarding sidewalks and pedestrian accessibility. The amendment carried unanimously upon roll call vote with Gabriel absent. Kenyon moved to add Bountiful Drive to Condition 5. The motion was seconded. There was discussion. The amendment to Condition 5 carried upon roll call vote with Atkinson, Hafferman, Kenyon, Larson, Saverud, and Mayor Fisher voting in favor, Kluesner and Zauner voting against, and Gabriel absent. There was discussion regarding the future parking structure. The main motion, as amended twice, carried unanimously upon roll call vote with Gabriel absent. E13. RESOLUTION 5473 — SEWER UTILITY RATES Council will consider a sewer rate increase of five percent to cover the operating and capital needs Kalispell City Council Minutes December 20, 20 10 Page 3 of the city' s Wastewater collection system. Howington gave a report and answered questions. Public Comment None. Council Discussion Hafferman listed some of his concerns, stating council still has not seen a five-year plan and what they did receive can't be compared item for item. He said he will vote "no" until he receives more information and asked that accounting information be furnished on investments. Kluesner suggested drawing some funds from our investments and paying down our debt and noted this rate increase would be a temporary, not a long-term, solution. Atkinson remarked this is only a $12 increase per household per year, and it is a worthwhile rate for services received. Zauner noted there are too many unanswered questions and concerns. Howington suggested holding a work session in February on the issue. Zauner moved to table Resolution 5473 until February 22, 2011. The motion was seconded. The motion to table carried upon roll call vote with Hafferman, Kluesner, Larson, Saverud, Zauner and Mayor Fisher voting in favor, Atkinson and Kenyon voting against, and Gabriel absent. E14. RESOLUTION 5474 — PRESERVE AMERICA GRANT ACCEPTANCE AND BUDGET APPROPRIATION The City of Kalispell has received a $75, 000 grant to expand heritage tourism in historic downtown Kalispell. Thompson and Howington gave a report. Public Comment Pam Carbonari, Business Improvement District coordinator, congratulated Katharine Thompson and the city on winning the grant and said this is great for both tourists and locals. She remarked this will attract people to downtown, and it is all about partnerships. Atkinson moved Resolution 5474, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council for the Kalispell City Council Minutes December 20, 20 10 Page 4 purpose of acceptance of a "Preserve America" grant award from the National Park Service. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Gabriel absent. E15. APPOINTMENT — FLATHEAD COUNTY LANDFILL BOARD Hank Olson is requesting the city council reappoint him for another term on the Landfill Board of Directors. Public Comment None. Kluesner moved council reappoint Hank Olson to the Landfill Board of Directors. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote with Gabriel absent. F. MAYoRICOUNCILICITY MANAGER/REPORTS (No Action) Howington informed council that legislative sessions Will air beginning January 3, and recognized members of the Facilities Committee for their work on the city inventory and safety audits. Howington suggested creating a policy review advisory committee to review various policies. She recommended five members, either citizens or a mix of citizens and council members, but suggested limiting it to three council members. Mayor Fisher reminded everyone about First Night Flathead. Larson asked what security measures are in place, in light of the recent shooting at the school board meeting in Florida. G. ADJOURN The meeting was adjourned at S :45 p.m. Kalispell City Council Minutes December 20, 20 10 Page 5