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1. Council Minutes - Regular Meeting - December 3, 2012A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M,, MONDAY, DECEMBER 3, 2012, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT KARI GABRIEL PRESIDED. COUNCIL MEMBERS PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. MAYOR TAMMI FISHER AND COUNCIL MEMBER JIM ATKINSON WERE ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Finance Director Rick Wills, Public Works Director Susie Turner, Planning Director Tom Jentz, Senior Planner Sean Conrad, and Deputy City Clerk Judi Funk. President Gabriel called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Atkinson and Mayor Fisher absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — November 19, 2012 2. Maintenance Agreement — Pedestrian Tunnel This agreement between the City of Kalispell and the Montana Department of Transportation outlines the responsibilities of both parties in connection with the pedestrian tunnel on U.S. Highway 93 North. Kenyon moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson and Mayor Fisher absent. C. PUBLIC COMMENT None. D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION D/1. ORDINANCE 1718 — ZONE CHANGE RE UEST —1ST READING Natasha Tanner is requesting a zone change from R-3 (Residential) to R-4 (Residential) on three lots located in the Park View Terrace subdivision on the north side of Indian Trail Road. Kalispell City Council Minutes December 3, 2012 Page 1 Conrad gave a report and answered questions. Public Comment Natasha Tanner, 202 Farview Drive, offered to answer any questions regarding her application for the zone change. Gene Dziza, Bigfork, remarked the proposed zoning will not change the character of the neighborhood and will bring a non -conforming property into compliance. Saverud moved first reading of Ordinance 1718, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning certain real property more particularly described as Lots 1, 3 and 7 of Block 2 of the Park View Terrace subdivision, located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, (currently zoned City R-3 (Residential) to City R-4 (Residential)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Council Discussion Kluesner noted he will abstain from the vote. The motion carried upon roll call vote with Guiffrida, Hafferman, Kenyon, Saverud, Zauner, and President Gabriel voting in favor, Kluesner abstaining, and Atkinson and Mayor Fisher absent. D12. RESOLUTION 5597 — CABLE FRANCHISE AGREEMENT — BRESNAN COMMUNICATIONS This agreement allows the city to retain access and administrative control over the local PEG channel for the next ten years. Russell gave a report and staff answered questions. Public Comment None. Kenyon moved Resolution 5597, a resolution to authorize the city manager to execute the cable franchise agreement with Bresnan Communications, LLC as proposed. The motion was seconded. Council Discussion Kluesner remarked it's great the agreement includes free cable service to the schools. Guiffrida added the channel is also good for government transparency. Kalispell City Council Minutes December 3, 2012 Page 2 President Gabriel disclosed her husband works for a Bresnan competitor, but she has no issue with the agreement and will vote unless there is an objection. The motion carried unanimously upon roll call vote with Atkinson and Mayor Fisher absent. D13. RESOLUTION 5598 — RESOLUTION OF INTENT & CALL FOR PUBLIC HEARING — BUDGET AMENDMENT -- WILLOWS SUBDIVISION STORM - WATER IMPROVEMENTS Resolution 5598 schedules a public hearing for December 17 on a proposed amendment to the Storm Sewer budget to allow for cost sharing of the Willows Subdivision Stormwater Improvements. Russell and Turner gave reports and staff answered questions. Public Comment Norse. Kenyon moved Resolution 5598, a resolution of intent calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2012-2013 budget adopted by the city council. The motion was seconded. Council Discussion Hafferman questioned whether the Willows residents are satisfied with the payment arrangement and emphasized the public hearing will be their last opportunity to comment. Guiffrida remarked the residents have indicated they agree with staffs' assessment of the cost. The motion carried unanimously upon roll call vote with Atkinson and Mayor Fisher absent. D14. RESOLUTION 5599 — RESOLUTION OF INTENT & CALL FOR PUBLIC HEARING — GROWTH POLICY AMENDMENT This is a request for an amendment to the Kalispell Growth Policy 2020 to incorporate the "Core Area Plan" into Chapter 12. The "Core Area" is 365 acres located along the rail corridor within the city limits. Resolution 5599 schedules a public hearing on the proposed amendment for December 17. Russell gave a report and staff answered questions. Public Comment None. Kalispell City Council Minutes December 3, 2012 Page 3 Guiffrida moved Resolution 5599, a resolution of intention to adopt, revise, or reject a recommended amendment to the Kalispell Growth Policy 2020 and to call for a public hearing. The motion was seconded. Council Discussion Hafferman remarked he will not vote for anything regarding the core area until the feasibility study is completed by Willdan Financial. The motion carried upon roll call vote with Guiffrida, Kenyon, Kluesner, Saverud, Zauner, and President Gabriel voting in favor, Hafferman voting against, with Atkinson and Mayor Fisher absent. DI5. KALISPELL MUNICIPAL JUDGE APPOINTMENT Only one Statement of Qualifications was received for the seat of Municipal Judge being vacated by Heidi Ulbricht at the end of December. The selection committee recommended Lori Adams be appointed to the position. Harball gave a report and answered questions. President Gabriel expressed Mayor Fisher's overwhelming support for Ms. Adams' appointment. Public Comment None. Guiffrida moved council accept the selection committee's recommendation and appoint Lori Adams as Kalispell Municipal Court Judge. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Atkinson and Mayor Fisher absent. E. MAYORICOUNCILICITY MANAGER/REPORTS (No Action) Russell informed council the work session on December 10 will regard Kidsports and the Core Area Plan. No work sessions will be held on December 24 or 31. Russell noted he is trying to set up Legislators' meetings for the next legislative session. President Gabriel reminded council that the Leaders of Tomorrow mock council session will be held on December 5 in the council chambers starting at 2:00 p.m. Kalispell City Council Minutes December 3, 2012 Page 4 President Gabriel complimented Russell and the staff for saving $7,000 on the airport beacon, and reminded everyone that the CDBG Public Needs Assessment hearing is coming up. Saverud thanked Judge Ulbricht for her many years of service to the City of Kalispell. F. AD.IOURN The meeting was adjourned at 7:44 p.m. Theresa White City Clerk Kalispell City Council Minutes December 3, 2012 Page 5