1. Council Minutes - Regular Meeting - November 15, 2010Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Chief of Police Roger Nasset, Finance Director Amy Robertson, Human Resources Director
Terry Mitton, Community Development Manager Katharine Thompson, and Revolving Loan Fund
Manager wade Elder.
Mayor Fisher called the meeting to order and led the Pledge of .Allegiance.
A, AGENDA APPROVAL
Gabriel moved to approve the .Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with. Kluesner absent.
!.CONSENT
1. Council Minutes — Regular Meeting — November 1 2010
2. Award Bid — 2011 B ackhoe
Two bids were received for a backhoe from Triple W Equipment and Western States
Equipment. Staff recommended the bid be awarded to Western States Equipment in the
amount of $106,232.00 to be paid from the water fund.
3. Ordinance 1557 — zone Chan e — wheeler -- 2nd Readin
Sherry wheeler has requested a zone change from R-3, Residential, to R-5,
Residential/Professional office, on approximately 5,800 square feet of property located at the
corner of Liberty Street and North Meridian Road. Ordinance 1687 passed unanimously on
first reading November 1.
Atkinson moved to approve the Consent .Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Kluesner absent.
Kalispell City Council Minutes
November 15, 2010
Pate 1
PUBLIC
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D/1. ORDINANCE 1688 — .A.MIENDING ANIMAL REGULA'T'IONS — DANGEROUS OR
A.GGR.ESSIVE DOGS — IST 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.
Harball gave a report and answered questions.
Public Comment
None.
Saverud moved first reading of ordinance 1688, an ordinance amending the City of Kalispell
Municipal Code regarding the regulation of dangerous or aggressive dogs 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
Kenyon complimented the city attorney for a well-balanced ordinance.
Larson agreed.
Gabriel noted she is concerned about dangerous dogs that are able to climb fences and escape.
Gabriel moved a friendly amendment to add the following language in the definition of
"Proper Enclosure": "...Such Pen or structure shall have secure sides, roo and bottom from
which the dog cannot escape as by digging, climbin lea in etc..." The motion was seconded.
There was discussion.
Gabriel withdrew the motion. The second concurred.
There was no further discussion.
The main motion carried unanimously upon roll call vote with Kluesner absent.
Kalispell City Council Minutes
November 15, 2010
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1 RESOLUTION ,6 BOARD / INVESTMENTS/,
The 2011 fiscal budget included 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.
Howington gave a report and answered questions.
Harball and Robertson answered questions.
There was discussion and concerns regarding the terms of the loan and the exact purchases for the
parks department.
Nasset answered questions about the KPD patrol car fleet.
Mayor Fisher asked for an itemization of the loan funds and a memorandum on the loan terms.
Public Comment
Chris hall, 115 west Evergreen Drive, commended council on its search for clarity and suggested
the KPD get four wheel drive vehicles.
Atkinson moved Resolution 5467, a resolution authorizing participation in the Board of
Investments of the State of Montana Annual Adjustable Rate Tender option Municipal
Finance Consolidation Act Bonds (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.
Council Discussion
zauner moved to table Resolution 5467 until December 6. The motion was seconded.
The motion to table carried upon roll call vote with Gabriel, Hafferman, Kenyon, Larson,
Saverud, zauner, and Mayor Fisher voting in favor, Atkinson voting against, and Kluesner
absent.
DI3. AIRPORT TIF RE UEST — AVAIL-TVN
Avail-TVN is requesting approximately $21,000 in Airport Tax Increment Financing funds to run a
fiber optic line under the highway to be used for improvements to property located at 2240 US
Highway 93 South.
Elder gave a report and answered questions.
zauner commented this is a great opportunity for the city.
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November 15, 20 10
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Public Comment
None.
Larson moved council approve Avail-TVN's Tax Increment Financing request in the amount
of $21,050.66. The motion was seconded.
Council Discussion
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The motion carried unanimously upon roll call vote with Kluesner absent.
1���iio7IA DI
Numerous changes to State and Federal laws, rules and regulations, and court decisions have
prompted an update to the city's 2003 employee personnel handbook which also includes
clarification of policies and procedures.
Mitton gave a report and answered questions.
Mayor Fisher noted she would like to compare the two versions prior to making a decision.
Public Comment
None.
Kenyon moved Resolution 5468, a resolution. revising Resolution 4832, adopting a revised
personnel policies handbook for all city employees and declaring an effective date. The motion
was seconded.
Council Discussion
Larson moved to table Resolution 5465 until January 3, 2011. The motion was seconded.
The motion to table 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.
D15. RESOLUTION 5469 — PRELIMINARY PLAT EXTENSION — GLACIER TOWN
CENTER PHASE 1
This is a request by wolford Management, LLC for a one-year extension of the preliminary plat for
phase 1 of Glacier Town Center. Phase 1 includes approximately 191 acres along Highway 93 North.
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November 15, 20 10
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Howington gage a report and answered questions.
Public Comment
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saverud. moved Resolution 5469, a resolution approving a one-year extension to the
preliminary plat of Glacier Town Center Phase 1. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote with Kluesner absent.
IPLANNING BOARD APPOINTMENT
Following notification in the Daily InterLake and on the city's website, two letters of interest were
received for one opening on the planning board. Phillip Ouiffrida and Peggylee Leckrone-Olson have
requested appointment to the seat being vacated by Jason Mueller.
Public Comment
None.
Mayor Fisher recommended that Phillip Ouiffrida be appointed to the planning board.
Zauner moved council accept the Mayor's recommendation and appoint Phillip Guiffrida to
the planning hoard. The motion was seconded..
There was no discussion.
The motion carried unanimously upon vote with Kluesner absent.
Howington noted the sewer rate information is on the website for review prior to the public hearing
December 6, and since the Avail-TVN request was approved a budget amendment will come before
the council on December 6.
Howington reassured council and the public that the city is still very focused on community and
economic development issues, despite the reassignment of Katharine Thompson to the Planning
Department and Wade Elder to the Finance Department.
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November 15, 20 1. 0
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Harball gave an update on Freedom House, and Hafferman requested a work session to discuss
legislation of clean and sober houses.
Zauner commented on the need to push MDT to change the tinting of the lights at the Lowe's
intersection. He said he would also like to see the establishment of an ad hoc committee to examine
the impact fee policy.
Mayor Fisher requested a report on the current rate of return on our investments.
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The meeting was adjourned at 835 p.m.
Theresa white
City Clerk
Kalispell City Council Minutes
November 15, 2010
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