Loading...
1. Council Minutes - Regular Meeting - December 21, 2009Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Finance Director Amy Robertson, Parks Director Mike Baker, Housing Manager Katharine Thompson, Revolving Loan Fund Manager wade Elder, Planning Department Director Ton- Jentz, Airport Manager Fred Leistiko, and Deputy City Clerk Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A, AGENDA APPROVAL Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. #` AGENDA APPROVAL CONSENT 1. Council Minutes — Regular Meeting December 7 2009 2. Ordinance 1672 — zone Change, -- Dick Mitsch — 2nd R.eadin This is a request for a zone change from P-1 to B--2 for two adjacent tracts of land on the west side of US Highway 93 South, just south of the Kelly Road intersection. Ordinance 1672 passed unanimously on first reading December 7. 3. Bid Award — US Highway 93 Utility Relocation Pro'ect Five companies bid on this work to relocate water and sewer utilities that are in conflict with Phase 1 of the bypass construction. Staff requested the contract be awarded to LAIC of Kalispell. 4. Payment in Lieu of Taxes Agreement —Accessible Space Inc. (Moved to main Agenda as Item E/6) 5. Life Saving Awards — Fire Department Chief Dan. Diehl presented life saving awards in connection with a motor vehicle accident on December 3. Saverud moved approval of the Consent Agenda. The motion was seconded. Kalispell City Council Minutes December 21, 2009 Page 1 uesner moved that item #4: Payment in Lieu of Taxes Agreement — Accessible Space, Inc., be moved to the regular Agenda as Item. E16. The motion was seconded.. There was no discussion. The notion carried unanimously upon vote with Gabriel absent. The main motion, as amended., carried unanimously upon roil call vote with Gabriel absent. C. STUDENT ISSUES .Tames Owens, 120 Quincy Loop, introduced himself. 3. PUBLIC COMMENT Comments concernen the city aiKport and Agenda Item Bl3 - Ci!y_,A1KPort, Consulting Firm Arthur Mitton, 809 4th Avenue west, stated he thins the airport should stay where it is and he is not concerned with its safety, but he is concerned with the safety of the 30-Moot drop along the whitefish Stage Road where a guardrail needs to be installed. Gerianne Robbins, PO Box 2225, asked the council to take into account the citizens' feelings against the airport and she wanted to know who is responsible for trip hazards on sidewalks. Debbie Owens, 120 Quincy Loop, remarked that the airport was there first and asked the council to keep it there. She also stated more police patrols are needed before and after school. Jeff walla, 32 Bru►yer way Loop, Stelling Engineers, stated he is available to answer any questions concerning the airport consulting contract. Diane Nlasciullo, 436 loth Avenue west, expressed concern that the airport consulting contract is being discussed again which does away with all the good feelings from the scoping session. She also said more stop signs are needed at uncontrolled intersections. Peter Gross, 1835 Airport Road, encouraged the council to hire a consultant for the airport. Scott Davis, 448 5th Avenue west, said expansion of the airport at its current location is not a popular subject and he has found a perfect piece of property to move the airport to. He asked for the results of a survey that was done in 2006 and copies of reported violations that have occurred at the airport. Steve Bckels, 619 Znd Avenue west, stated that contrary to a recent article in the Daily Inter Labe, the FAA does not enforce regulations here and this airport is uncontrolled. He noted the airport is owned by the citizens and the council should make decisions based on the greatest good for the greatest number of people. Kalispell City Council Minutes December 21, 2009 Page 2 Scott Richardson, 1507 1 st Avenue west, voiced his support for hiring the airport consulting firm. Todd Snarr, 493 2nd Avenue East North, asked that the airport issue be put before the voters. Kurt Hafferrnan, 1325 2nd Street west, commented the city should try to find a way to make Requests for Proposals less cumbersome to encourage responses from local firms. He added, however, that Stelling would be a good choice for the airport contract. Comments Concerning,.A enda Item E14 -� PB &J Relocation and Trans ortation IMpact Fees Charles Lapp, 3230 Columbia Palls Stage Road, said for the transportation impact fees to work they need to be equitable for everybody. Pauline S j ordal, 234 3rd Avenue west, spoke in favor of reducing the PB U impact fees and commended the research that Davis and Eckels have done on the airport issue. III This resolution provides a six-month extension for businesses to comply with the outdoor lighting standards adopted in 2005. Kenyon moved Resolution 5411, a resolution setting forth the policy of the Kalispell City Council regarding the enforcement of the Kalispell outdoor Lighting ordinance No.1563. The motion was seconded. Howington gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel absent. The Montana Department of Transportation needs to purchase .1 acre of property adjacent to Three Mile Drive for a construction easement in connection with the bypass project. Kenyon moved. Resolution 5412, a resolution accepting and approving the offer by the Montana Department of Transportation to purchase, for project :NIT-NH-NCPD(15) 76, approximately .10 acres of real property owned by the City of Kalispell and described as a tract of land situated in Empire Estates Subdivision known as a landscape buffer in phases 3 and. 4 for the sum of Two Thousand and Fifty dollars and authorizing the City Manager to execute all necessary conveyance documents. The motion was seconded. Kalispell City Council Minutes December 21, 2009 Page 3 Howington gave a staff report and Harball answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel absent. Two firms answered the city's request for qualifications for an aviation consultant; Robert Peccia & Associates and Stelling Engineers. The city council tabled the issue to this meeting on November 16. Kenyon moved to remove the City Airport bequest for Qualifications from the table. The motion was seconded. The motion carried unanimously upon vote with Gabriel absent. Kenyon moved to approve the selection of Ste/ling Engineers as the consulting firm for the City Airport Redevelopment Project. The motion was seconded. Howington gave a staff report. Kluesner moved to table the issue indefinitely. There was no second. Atkinson noted the contract would be useful since Stelling could answer many of the questions from the scoping session. He encouraged the council to vote in favor of the motion. Hafferman said he would have no problem with hiring S telling when it is time, but it is not the right time yet. He said the council needs to provide guidance on what the contract should encompass and that needs to be done before any documents are signed. Hafferman moved to table the contract until such time as the council has held its second airport meeting in January and has had a chance to discuss what is wanted in the contract documents. The motion was seconded.. The motion to table failed on a tied roll call vote with Hafferman, Kluesner, Larson, and Saverud voting in favor, Atkinson, Kenyon, Olson, and Mayor Kennedy voting against, and Gabriel absent. Olson and Mayor Kennedy agreed with Atkinson that the engineers could help answer the publics' questions. Kluesner disagreed. He said going forward with this contract right now would inflame the situation. Larson and Saverud remarked that the staff should be able to answer most of the questions. They agreed with Hafferman that the council needs to give staff direction before signing the contract. Kalispell City Council Minutes December 21, 2009 Page 4 Larson moved to table the contract to February 1, 2010. The motion was seconded. The motion to table carried upon roll call vote with Hafferman, Iluesner, Larson, Saverud, and Mayor Kennedy voting in favor, Atkinson and Kenyon voting against, and Gabriel absent. The owners of PB &J have asked the council to reconsider the transportation impact fees that would be assessed for relocating their business a block north of the current location of the bookstore and restaurant. Kenyon moved the council approve the staff findings of no transportation impact fees and a sanitary sewer impact fee of $199.92 for P J. The motion was seconded. Howington gave a staff report and answered questions. Hafferman noted this exercise shows that we need to revisit the impact fees, adding that all we seem to be doing is harassing citizens. Saverud thanked the city manager and staff for being willing to develop a system that validates the business owner's position. Mayor Kennedy agreed with Saverud and said she doesn't feel the staff is harassing citizens. The motion carried upon vote with Atkinson, Kenyon, Kluesner, Larson, Olson, Saverud., and Mayor Kennedy voting in favor, Hafferman voting against, and Gabriel absent. EI5. FINAL PLAT — A.SHLEY HEIGHTS This is a request for final plat approval of the Ashley Heights Subdivision which consists of 26 single -fan- ly lots on approximately 8.4 acres located at the western end of Bismarck Street. Kenyon moved council approve the final plat for Ashley Heights Subdivision and accept the subdivision improvement agreement. The motion was seconded. Jentz gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. E/6. PAYMENT IN LIEU OF TAXES AGREEMENT —ACCESSIBLE SPACE, INC. (Moved from Consent Agenda) ASI is a non --profit entity providing apartment housing for low income seniors. As part of its Kalispell City Council Minutes December 21, 2009 Page 5 conditional use permit, ASI is required to enter into a payment in lieu of taxes agreement with the city. Atkinson moved the council approve an initial payment in lieu of taxes of $4,700 and finalize the agreement between the city and ASI. The motion was seconded. Jentz gage a staff report and answered questions. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. Atkinson and Olson remarked that transportation impact fees are important because growth should pay for growth. Hafferman disagreed, stating there is another option and he does not think the fees are being administered correctly. Mayor Kennedy thanked Council President Duane Larson and the rest of council, the staff, and the citizens for the honor of serving as Mayor for eight years, noting that Kalispell is a wonderful community. The meeting was adjourned at 9:30 p.m. ATTEST: Theresa white City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes December 21, 2009 Page 6