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1. Council Minutes - Regular Meeting - March 7, 2011Also present: City Manager Jane Howington, City .Attorney Charles Harball, City Clerk "Theresa White, Chief of Ponce Roger Nasset, Planning Director Worn. Jentz, Community Development Manager Katharine Thompson, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of .Allegiance. AGENDAA. APPROVAIII Saverud moved to approve the Agenda. The motion was seconded. "here was no discussion. The motion carried unanimously upon vote with Kluesner absent. 1. Council minutes — Regular Meeting -- Febru 22, 2011 2. Confirmation --- Police Officer David Massie completed his one-year probationary period with the Kalispell Police Department and council confirmation was requested. approveGabriel moved to ', 1'. . The motion was seconded. Where was no discussion. The motion carried unanimously upon vote with Kluesner absent. C, PUBLIC COMMENT Erica Wirtala read a proclamation noting the week of march 6-12 as Girl Scout Week and introduced Girl Scouts Delaney Wirtala and Olivia Kalvig. Chris Hall, 115 Nest Evergreen Drive, made several comments including that roads are in the worst shape he has seen, tenants destroying property should be a criminal act, and .Ashley Park's water . issues are a nightmare. Kalispell City Council minutes March 7, 2011 Page This Ordinance provides the necessary legislation to regulate and enforce parking rules within the parking lots of the city that are supervised by the Kalispell Parking Commission. Ordinance 1692 passed unanimously on first reading February 22 with Atkinson absent. Harball gave a report. Public Comment None. Kenyon moved second reading of Ordinance 1692, an ordinance to amend Section 17-54, Kalispell City Code, by adding subsection 17-54-1 specifically regulatins! parking lots within the city that provide public parking and providing the authority to the Kalispell Parkft&!� Commission to supervise and regulate such parking lots, and declaring an effective date. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Kluesner absent. L . . . . . .. . ... . . .. . . . . . . .. . . . .... ... . ......... ...................................... .................... ......... - ---------- - ANNEXATION POLICY I RESOLUTION 5484B — REJECTING GROWTH POLICY AMENDMENT ANNEXATION POLICY This proposed amendment would add an Annexation Policy to the Kalispell Growth Policy 2020. A public hearing on the proposed policy was held before the city council on February 22. Jentz gave a report and answered questions. Public Comment Erica Wirtala, Sands Surveying, 2 Village Loop, strongly urged council to adopt the annexation policy, including annexation districts. Kenyon moved Resolution 5484A, a resolution adopting an amendment to the Kalispell Growth Policy 2020, to be known as the Annexation Policy Amendment. The motion was seconded. Kalispell City Council Minutes March 7, 2011 Page 2 Hafferman noted he will vote in favor of the resolution, but will offer three amendments. Hafferman moved to delete B3, The Creation of an Annexation District: (Property Owner's Petition), in its entirety. The motion was seconded. Staff answered questions. The motion failed upon roll call vote with Hafferman voting in favor, Atkinson, Gabriel, Kenyon, Larson, Saverud, Zauner, and Mayor Fisher voting against, and Kluesner absent, V. .0 `TRTJI�iWID-14,0111r, if 1 01 Imarill I yro, -a HIM The motion carried unanimously upon roll call vote with Kluesner absenj Hafferman moved to amend 4c. as follows: "...sewer mains. The city will. rovide a timeline when such services will be j2rovided by thtgit ". The motion was seconded. There was discussion about annexation history and services. The motion failed upon roll call vote with Hafferman and Larson voting in favor, Atkinson, Gabriel, Kenyon, Saverud, Zauner, and Mayor Fisher voting against, and Kluesner absent. Aafferman moved to amend 4c. as follows.* "...sewer mains, financing options that would 611 available ft-Vkut--�f The motion was seconded. The motion carried upon roll call vote with Gabriel, Hafferman, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, Atkinson and Kenyon voting against, and Kluesner absent, There was no further discussion. The main motion, as amended twice, carried unanimously upon roll call vote with Kluesner absent. rl./3. RESOLUTION 5485 — AMEND WATER. FACILITY CAPITAL IMPROVEMENT PLAN This amendment adds the Section 36 water main extension project to the water facility CIP adopted by council in 2009. Kalispell City Council Minutes March 71 2011 Page 3 Harball gave a report and answered questions. M1 J J I of 11 . ............ .... ..... . ........... ... None. Saverud moved Resolution 5485, a resolution to amend the City of Kalispell Water Facility Capital Improvement Plan to include the city water main conveyance system extending through Section 36 from the old DNRC Campus to the West View Estates Subdivision. The motion was seconded, Council Discussion 01 ro MW , The motion carried unanimously upon roll call vote with Kluesner absent -I 11A.. RESOLUTION 5486 — AMEND LATECOMERS AGREEMENT — WEST VIEW ESTATES Resolution 5486 authorizes the city manager to extend the Owl Corporation Latecomers Agreement from 17 to 30 years to allow for adequate time for development to pay the costs of installing the water and sewer lines to the West View Estates Subdivision. Harball gave a report. Public Comment None. Gabriel moved Resolution 5486, a resolution authorizing the City Manager of the City of Kalispell to enter into an amendment of the Developer Agreement executed with Owl Corporation on August 10, 2005 to extend the term of the agreement to thirty (30) years. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Kluesner absent. This ordinance eliminates the requirement that the Kalispell Public Works Director possess a prc,fessional engineer (PE) license. Kalispell City Council Minutes March 7, 20 I. 1 Page 4 Howington gave a report and answered questions. 60B None. Atkinson moved first reading of Ordinance 1693, an ordinance amending Ordinance No. 1166, codified as Kalispell Municipal Code 2-45 Public Works Director, to waive the requirement th,,4,t the director possess a Professional Engineer license, and declaring an effective date. The motion was seconded. 5 Hafferman noted he is in favor of the motion. The motion carried unanl*mouslv upon roll call vote with Kluesner absent. W A. . . . . . . . . . . . ..... . . . . . . ... . . . . ................................. . .... ......................... .......................................................................................... ....................... .. .. .. .... .. .... ... ............ .. ..... .. .... . ... . ..... . Howington gave a report on the firefighter arbitration and detailed the March work session schedule. Mayor Fisher noted she participated in the KRMC ribbon cutting last week and will attend the Lutheran Home ribbon cutting this week. Larson commented that we need to put some force into our No Parking ordinance. He requested a work session on the matter. The meeting was adjourned at 8:24 p.m. Theresa White City Clerk Kalispell City Council. Minutes March 7, 2011 Page 5