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* AgendaCITY OF KALISPELL CITY COUNCIL MEETING AGENDA MAY 39 2010 - 7:00 P.M. CITY HALL COUNCIL CHAMBERS 201 FIRST AVENUE EAST CALL To ORDER ROLL CALL PLEDGE of ALLEGIANCE A. AGENDA APPROVAL B. CONSENT AGENDA APPROVAL All items listed on the Consent Agenda Will be accepted by one motion. If a Council member desires to discuss an item separately, the item can be removed from the Consent Agenda by motion. 1. Council Minutes — Regular Meeting — April 19, 2010 2. Postpone Award of Bid — Sidewalk & Curbing Construction Four bids were received for the 2010 Sidewalk and Curbing Project. A comprehensive review of the bids is being conducted and staff is requesting the award be postponed to May 17. 3. Additional Award Funding — Dutch Elm Disease The Parks and Recreation Department has received notification of an additional grant award in the amount of $11, 5 0o to help address Dutch Elm disease. 4. Proclamation — National Day of Prayer — May 6, 2010 C. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please see the last page of the agenda for Manner of Addressing the Council. (Comments shall be limited to three minutes) D. PUBLIC HEARING Council will accept comments concerning the creation of a Tourism Business Improvement District within the City of Kalispell. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items will be asked to do so following the staff reports. Please see the last page of the agenda for Manner of Addressing the Council. (Comments shall be limited to three minutes) 1. ordinance 1674 — Zoning Text Amendment — Medical Marijuana — 2nd Reading This ordinance limits the establishment of medical marijuana facilities in the city. Ordinance 1674 passed on first reading With a 7-1 vote. 2. Resolution 5425 — Creating a Tourism Business Improvement District Resolution 5425 establishes a Tourism Business Improvement District for the hotels Within the City of Kalispell. 3. ordinance 1675 — Establishing Regulations of Tourism Business Improvement District — 1 St Reading This ordinance establishes the rules and regulations for the TBID and creates the board of trustees. 4. Appointment — Tourism Business Improvement District Board If the TBID legislation passes, a seven -member board of trustees needs to be appointed. 5. Contract Approval — Fire Station 61 Renovation The Kalispell Fire Department has received a Homeland Security grant for the renovation of Fire Station 61. Council is being asked to approve a contract With Jackola Architects and Engineers as the design firm for the first phase of the project. 6. Resolution 5426 — Construction Agreement — US Highway 2 West The Montana Department of Transportation plans to improve US 2 West in conjunction with the construction of the Kalispell Bypass project. The proposed improvement includes new sidewalks and does not involve any financial participation by the city. 7. Change order — Montana Department of Transportation A Change order in the existing Kalispell Bypass Utility Relocation contract is required to correct a point of pipeline conflict not previously identified by MDoT. 5. Resolution 5427 — DNRC — Kidsports Lease This resolution supports the continuing negotiations between the City of Kalispell, the DNRC, and Kidsports for the purpose of perpetuating the existence of the youth sports complex. 9. Resolution 5425 — Designating the City of Kalispell as a Recovery Zone In order to qualify for funds through the American Recovery and Reinvestment Act of 2009 the City of Kalispell needs to be officially designated as a recovery zone. 10. Appointment — Board of Adjustment One letter was received for the Board of Adjustment. Bob Vine is requesting reappointment. 11. Appointment — Downtown Business Improvement District Board One letter was received for the Downtown BID. Bill Goodman is requesting reappointment. 12. Appointment — Conrad Mansion Board of Directors One letter was received for the Conrad Mansion Board. Vanessa Ceravol o is requesting appointment to one vacant seat. 13. Appointment — Impact Fee Committee Two letters were received for one opening on the Impact Fee Committee from Roxanna Brothers and James Cossitt. 14. Appointment - Parking Commission One letter was received for this board. John Hinchey has requested reappointment. 15. Appointment - Planning Board Six letters of interest were received for four openings on the Planning Board. Current members Richard Griffin, John Hinchey, Troy Mendius, and Bryan Schutt have applied along with Jason Mueller and Stephen Johnston. 16. Appointment - Police Commission Current board member Doc Harkins has submitted a letter of interest for one opening on the Police Commission along with Stephen Johnston and Dick Stotts. 17. Appointment - Street Tree Commission Rebecca Bodnar and Dudley Marb erger have submitted letters of interest for the Street Tree Commission. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) G. ADJOURNMENT FOR YOUR INFORMATION Budget Work Session — May 10, 2010 at 7 :00 p.m. — Council Chambers Budget Work Session — May 17, 201 o at 5 :3 o p.m. — Council Chambers followed by Next Regular Meeting — May 17, 201 o at 7: oo p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. ADMINISTRATIVE CODE Adopted July 1, 1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. C. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007 ■ We provide a safe environment where individual perspectives are respected, heard, and acknowledged. ■ We are responsible for respectful and courteous dialogue and participation. ■ We respect diverse opinions as a means to find solutions based on common ground. ■ We encourage and value broad community participation. ■ We encourage creative approaches to engage in public participation. ■ We value informed decision -making and take personal responsibility to educate and be educated. ■ We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem solving. ■ We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition. ■ We follow the rules & guidelines established for each meeting.