The URL can be used to link to this page

1. Council Minutes - Regular Meeting - December 5, 2011' JL JIM ATKINSON, KARIa i' BOBa RANDY ! DUANE LARSON,x R 1 AND JEFF ZAUNER WERE Also present: City Manager Jane Howington, City Attorney Charles Harbali, City Clerk Theresa White, Chief of Police Roger Nasset, Planning Director Tom Jentz, Senior Planner Sean Conrad, Public Works Director Bill Shaw, Human Relations Director Terry Mitton, Revolving Loan Fund Manager Wade Elder, Community Development Manager Katharine Thompson, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. There was no discussion. Council Minutes — Regular Meeting — November 21, 2011 2. Ordinance 1706 — Ward Boundaries Adjustment — 2nd Reading The planning department has examined the Census 2010 block data and adjusted the ward boundaries to keep the population in each ward as equal as possible. Ordinance 1706 passed unanimously on first reading November 21. Gabriel moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Steve Dunfee, General Manager, Kalispell Golf Association, thanked FVCC for their work on the practice facility and gave a brief recap of the Buffalo Hill Golf Course's 2011 season. Kalispell City Council Minutes December 5, 2011 Page 1 �` - �I, �WMI il'111i! W-MV14101 Several updates are proposed to the city's subdivision regulations. Mayor Fisher opened the public hearing. Proponents None. Opponents None. Mayor Fisher closed the public hearing. III I ii � I � N ii I I I Other than amendments to address legislative changes, the Kalispell Subdivision Regulations have not been fully addressed since 1996. Jentz gave a report and answered questions, stating a council committee reviewed the proposed regulations and has recommended six amendments. None. Kenyon moved first reading of Ordinance 1707, an ordinance amending the City of Kalispell Subdivision Regulations codified at Chapter 28 of the Kalispell Municipal Code, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion Hafferman moved to add the six amendments recommended by the council committee. The motion was seconded. Kenyon spoke against amending the watercourse setbacks. The amendment carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Kenyon voting against. There was no further discussion. Kalispell City Council Minutes December 5, 2011 Page 2 ililill III 1 1' I'', • i 1 RESOLUTION 5,GRANT ACCEPTANCE D BUDGET APPROPRIATION The City of Kalispell has been awarded an additional $1.5 million through the Neighborhood Stabilization Program to acquire foreclosed, abandoned, or vacant property to be rehabilitated and sold to low, moderate, or middle income households. Howington gave a report and Doug Rauthe, Community Action Partnership Director, answered questions. R Y i Gary McHenry, 324 9th Avenue West, questioned accepting additional monies when none of the previously purchased foreclosed homes have been sold. He also said he feels this program is unconstitutional because if someone purchases one of the residences they only own the home, not the land, yet they still have to pay property taxes. i ,,urpose of acceptance of a grant to assist Communit Action Partnershi in order to foreclosed 1 of 1 motion 1 !! Hafferman remarked that he will vote in favor of this because the program has merit and it is detrimental to let houses sit vacant. He said he does not see this as an issue of property rights. Mayor Fisher noted she has some concerns about the houses selling, and she is not convinced it will be a successful program, but she will support the grant. Atkinson commented this is an investment in the community in the hope that we will begin to prosper again. E/3. RESOLUTION 5536 — F`EC ROUNDUP FOR SAFETY GRANT ACCEPTANCE AND BUDGET D APPROPRIATION The City of Kalispell has been awarded a grant in the amount of $1,740 for gutters and rubber flooring at the Woodland Camp Center. Howington gave a report and answered questions. Kalispell City Council Minutes December 5, 2011 Page 3 None. Atkinson moved Resolution 5536, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2011-2012 budget adopted by the city council for the purpose of acceptance of a Roundup for Safety Grant from Flathead Electric Cooperative to renovate the Woodland Camp Center at Woodland Park. The motion was seconded. Saverud remarked he will abstain from the vote as he is on the board of Roundup for Safety. Atkinson spoke in favor of the grant and the program. The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor, and Saverud abstaining. This is a request for one-year extension of the preliminary plat for Glacier Town Center Phase I which includes approximately 190 acres to be divided into 37 commercial lots and one lot for a future community center. Jentz gave a report and answered questions. None. Saverud moved Resolution 5537, a resolution approving a one-year extension to the preliminary plat of Glacier Town Center Phase 1. The motion was seconded. Lf= I None. Resolution 5538 authorizes the examination of an alternative funding mechanism for Kalispell's Special Street Maintenance District using a trip generation methodology. Kalispell City Council Minutes December 5, 2011 Page 4 Howington gave a report and staff answered questions. I Gary McHenry, 324 9th Avenue West, suggested stores do a "Roundup for Potholes" program. Sharon DeMeester, commercial property owner on Main Street, asked what the costs will be so she can write them into future leases. Ron Trippett, 323 Main Street, asked questions regarding non -profits and small businesses. Atkinson moved Resolution 5538, a resolution to express the intent of the Kalispell City Council to examine the method of street assessment to be used by the city in the future by •, 24*l,r statute that meets the needs of the city and is in the best interests of the city residents. The motion was seconded. Council Discussion Larson noted he will vote in favor of further study. Hafferman stated the whole proposal has been a moving target with no indication of how the money will be spent when finalized, and it should go to the voters. He suggested an amendment be made to Section l(d). Hafferman moved that Section 1(d) be amended as follows: "...for the determination of changes, alterations, and/or clarifications are necessary before a proposal is submitted to the voters by mail -in ballot for approval." There was no second. SECTION I. The city staff is directed to take the following action: a) To develop a master plan for the operation, maintenance and capital improvement of the city street system that includes time frames and projected costs. b) To bring the street maintenance and capital improvement master plan to the City Council for consideration and approval. C) To create a forum, through meetings and public workshops, for the public to learn about the various assessment models and to provide feedback to the city regarding the assessment models as well as the level of maintenance of the street system desired by the taxpaying public. d) Upon satisfactory completion of the above tasks, to bring any proposed legislation for street assessment and/or impact fees Kalispell City Council Minutes December 5, 2011 Page 5 before the public for hearing and then before the City Council for final determination. e) To replace the transportation impact fees as part of any special street maintenance program proposal brought to the city council for their consideration and approval. Mayor Fisher also moved to amend the last Whereas as follows: VI M-0 in for the operation and maintenance of the street system into the future and to further examine the various statutory methods of assessment through public forums with the goal of adopting a model of assessment, for maintenance and capital improvements, )III-W;bp city residents. Hafferman spoke against the amendments. Atkinson spoke against the outright removal of traffic impact fees and suggested a compromise. Mayor Fisher moved a friendly amendment to Subsection (e): "To replace or amend the transportation impact fees as part of any special...". The second concurred. The amendment carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. There was no further discussion. The main motion, as amended, carried upon roll call vote with Atkinson, Gabriel, Kenyon, Klif esner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. Ordinance 1708 places limitations and regulations on the keeping of fowl with violations to be treated as a civil infraction. Harball gave a report and answered questions. Public Comment None. Kalispell City Council Minutes December 5, 2011 Page 6 Z� J710"Mrk �T - j Municipal Code regarding the regulation of chickens within the city codified at Chapter 4, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. ZAHN] Ordinance 1709 dissolves the Kalispell Parking Commission and transfers its functions to the Kalispell Police Department. It also creates a Parking Advisory Board to provide advice and recommendations regarding on and off-street parking. Howington gave a report and staff answered questions. Public Comment Ron Trippett, 323 Main Street, Parking Commission member, answered questions. Commission and terminating the Special Parking District No. 2, providing for the assumption I" arking Commission functions by the Kalispell Police Department, providing for the creation of the Kalispell Parking Advisory Board and setting an effective date. The motion was secoTuded. Hafferman commented that he is opposed to putting more people on the police force that are not solving the problems of law enforcement; parking enforcement should be independent or privatized. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. E/8. LAKERS LEASE — KALISPELL LEGION BASEBALL ASSOCIATION The original lease between the City of Kalispell and the baseball association expired on May 1, 2011. This new lease is for an additional 20 years with a review of the Lakers financial situation every five years for the purpose of determining rent. Harball gave a report and answered questions. Kalispell City Council Minutes December 5, 2011 Page 7 Joe Matulevich, 442 West Spring Creek Road, Kalispell Legion Baseball Association board member, stated this lease is a better document for both the city and the Lakers and gave some history of their organization. Mark Liechti, Lakeside, Kalispell Lakers President, asked for council consideration to allow the sale of beer at the games to generate additional revenue. 'RIM MI 1 .1 "M MI. IWIRIIIIIINJIQIrll lint 11111,114 lymon 1 0311 Lill W111 A*I'RMXIKI)III(;I KIIII filly VAM11 IVA) Xmmiamm= None. It& I N I III I I This resolution authorizes the city to participate in the Montana Voluntary Employees' Beneficiary Association Health Reimbursement Account to provide incentive for employees to preserve their sick time. Howington gave a report and answered questions. 1011M III - - None. Saverud moved Resolution 5539, a resolution authorizing the City of Kalispell to participate in the State of Montana Voluntary Employees' Beneficiary Association Health Reimbursement Account Program also known as "Montana VEBA HRA". The motion was seconded. None. The motion carried unanimously upon roll call vote. I x IV N 1010%1111" Mel Resolution 5540 changes the regular Kalispell City Council meetings in January, 2012 to January 9 and 23. Kalispell City Council Minutes December 5, 2011 Page 8 Howington gave a report. None. Kenyon moved Resolution 5540, a resolution changing the dates of the January, 2012 regular meetings of the Kalispell City Council. The motion was seconded. None. 1014 DRIII 14UN Shaw informed council that public works will not be clearing any private driveways this winter because it is against policy. Howington reminded council about the Leaders of Tomorrow meeting on Wednesday. Mayor Fisher asked that street assessment questions and answers be available on-line when they are ready. Hafferman asked for an update on Richard Kuhl's complaint about having a golf ball go through his window. Howington stated she will follow-up. The meeting was adjourned at 10:02 p.m. Theresa White City Clerk Kalispell City Council Minutes December 5, 2011 Page 9