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1. Council Minutes - Regular Meeting - January 4, 2010Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Public ,'Works Director Jim Hansz, Finance Director Array Robertson, Parks Director Mike Baker, Municipal Court Judge Heidi Ulbricht, Human Resources Director Terry Mitton, Housing Manager Katharine Thompson, Revolving Loan Fund Manager wade Elder, Planning Department Director Torn Jentz, Senior Planner Sean Conrad, 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. Howington presented Mayor Pant Kennedy and council member Hank Olson with plaques and thanked them for their years of service to the City. Mayor Kennedy and Hank Olson gave farewell remarks. OATHS OF OFFICE Mayor Kennedy administered the oath of office to incoming Mayor Tammi* Fisher and council member Jeff zauner, along with incumbent council members Jim Atkinson, Bob Hafferrnan, and Tire Kluesner, and Municipal Court Judge Heidi Ulbricht. The new council members took their seats and gave opening remarks. Mayor Fisher asked for nominations for council president. Kenyon moved that Duane Larson be appointed as President. The motion was seconded. Hafferman moved[ the nominations for President be dosed. The motion was seconded. Kalispell City Council Minutes January 4, 2010 Page 1 The notion carried unanimously upon vote. There was no discussion. The main motion carried unanimously upon vote. ........... CONSENTD 1. Council Minutes — Regular Meeting December 212009 Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. U, STUDENT ISSUE5 Emily Obermiller, 282 Arbour Drive west, requested that the streets around the high school be plowed earlier in the morning. Kathleen Barth, 360 west Valley Drive, asked that the woodland Park Pond be better maintained for skating. Jesse Bennett, 925 Egan Road, also asked that pond maintenance be unproved and that the warming but be available during high -use times. Rachel Burns, 236 Many Lakes Drive, asked for a traffic signal at the intersection of 6th Street west and 1 st Avenue west because of the congestion when schools let out. Ty Wycoff, 2109 Harlequin Court, noted that a traffic signal would clear up safety issues at the afore -mentioned intersection. Joshua Lynch, Columbia Palls, requested that 'Third Avenue west be designated one way or that parking only be permitted on one side of road to help with congestion. G. PUBLIC COMMENT Rich DeJana, 4.22 Summit Circle, mentioned several people who have made huge impacts in the community and noted Mayor Kennedy is one of those people who has devoted an immense amount of time to the City of Kalispell. Pete Skibsrud, 685 Country way North, remarked he bought the Old Steel Bridge and thanked everyone who has supported his effort to relocate it. Kalispell City Council Minutes January 4, 2010 Pate 2 Terry Kramer, 21 west Reserve, President of the Flathead Building Association, congratulated the new council members and stated he looks forward to working with the council to keep the building industry viable; housing does equal jobs. Steven Quade, 27 Sunrise Drive, asked that the speed limit be lowered on Highway 82 from 70 to 60 or 65 miles per hour. Trevor B eaven, 12 Eagle Drive, Lakeside, noted they want to change the speed limit in order to honor Dawn Bowker, a Somers Middle School teacher who was killed on the road last year. He said the cost of saving lives is worth a one and half or two .minute longer drive. Scott Davis, 448 5th Avenue west, wished everyone a Happy New Year and submitted additional questions regarding the city airport. Marc Rold, 704 6th Avenue Vest, spoke in favor of the conditional use permit for Lost Horizon Ranch. Todd Snarr, 493 2nd Avenue LEI, complimented Mayor Kennedy on her thoughtfulness on her last vote on the airport and noted he believes in speaking up on issues he truly believes in. Merna Terry, 1505 whalebone Drive, voiced her support for the Lost Horizon CUP and noted they are providing a great service to the community. She said we need to find a way to raise funds using more than impact fees. Charles Lapp, 3230 Columbia Falls Stage Road, remarked the county transportation plan is on the county planning and zoning web site and we need to see how it fits in with Kalispell's plan. ..........:.. This is a request to operate a group home for youths 17 to 19 in an existing single -fancily home located at 520 First Avenue Bast. Conrad gave a staff report and answered questions. There was discussion regarding condition 3 and the 24-hour supervision. Harball answered additional questions. averud moved council approve the conditional use permit for Lost Horizon Ranch subject to the listed conditions. The motion was seconded. Atkinson spoke in favor of the motion. White asked that the motion also include adopting the staff report and findings of fact. Kalispell City Council Minutes January 4, 2010 Page 3 averud moved a friendly amendment to adopt the staff report and findings of fact. The second concurred. Mayor Fisher remarked that CUPs run with the land, not the owner, and questioned whether we are violating our own zoning ordinance by including a condition that the CUP would cease if the property were sold. Mayor Fisher moved to delete condition #3 ("The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to operate a group hone or other use listed under section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said. use.") The motion was seconded. Hafferman noted if the condition is in violation of the zoning regulations, then he is in favor of deleting it. Mayor Fisher stated she is concerned it would create a legal liability and would prefer the owners create a deed restriction on the property. The amendment carried upon roll call vote with. Gabriel, Hafferman, Larson, Saverud., Zauner, and Mayor Fisher voting in favor, Atkinson and Kenyon voting against, and Kluesner abstaining. The main motion, as amended, carried upon vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson, Saverud, Zauner, and. Mayor Fisher voting in favor, and. Kl.uesn.er abstaining. I. MAYOR/COUNCIL/CITY MANAGE PORTS No Action Howington noted that extra -territorial annexations will be discussed at the next work session along with an annexation proposal for Trumbull Creek Crossing. ,arson thanked the council members for their support in his bid for President. The meeting was adjourned at 8:10 p.m. .ATTEST: Theresa white City Clerk Tamrni Fisher Mayor Kalispell City Council Minutes January 4, 2010 Page 4