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1. Council Minutes - Regular Meeting - January 22, 2013A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., TUESDAY, JANUARY 22, 2013, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT KARI GABRIEL PRESIDED. COUNCIL MEMBERS JIM ATKINSON, PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. MAYOR TAMMI FISHER WAS ABSENT. Also present: City Manager Doug Russell, City Clerk Theresa White, Police Chief Roger Nasset, Fire Chief Dave Dedman, Public Works Director Susie Turner, Finance Director Rick Wills, Planning Director Tom Jentz, 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 Mayor Fisher absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — January 7, 2013 2. Award Bid — Dump Trucks Two responsive bids were received for two used tandem axle dump trucks for use by the Street Division. Staff recommended the bid be awarded for the two trucks to L&M Truck Sales in the amount of $174,296. 3. Postpone Action on Bids — Hazardous Materials Pull Vehicle Two responsive bids were received for a vehicle to transport the HazMat personnel and equipment. Staff requested action on the bids be postponed to February 4 pending further review. Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Mayor Fisher absent. C. PUBLIC COMMENT Rich DeJana, 422 Summit Circle, President of Flathead Business and Industry Association (FBIA), explained their concerns with Ordinance 1720 and asked council to "stop and think about it". John Sinrud, Executive Director, FBIA, in regard to Ordinance 1720, noted that state agencies must go through the Montana Environmental Policy Act (MEPA) process, which includes a public hearing. He said it is important to keep the public process open. Kalispell City Council Minutes January 22, 2013 Page 1 Kim Morisaki, 7 Windward Loop, representing the Flathead Valley Hockey Association, updated council on events at the skating rink and thanked parks' staff for helping to maintain the facility. Morisaki asked council to consider allowing the hockey association to have alcohol at the ice rink during a tournament in March. Josh Townsley, 525 Political Hill Road, Vice President of the Montana Brewers Association, added the hockey tournament and beer festival would serve as a fundraiser for the Hockey Association. D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION D/1. ORDINANCE 1720 — ZONING TEXT AMENDMENT — 2ND READING This amendment would allow governmental facilities such as schools, jails, fairgrounds, police and fire stations to be permitted uses in all zones. Currently these types of uses require a conditional use permit even though state law provides for a zoning exemption. The first reading of Ordinance 1720 passed on a 6-1 vote January 7. Jentz gave a report and answered questions. Public Comment Rich DeJana, 422 Summit Circle, emphasized the FBIA's need to make sure public hearings are held. Atkinson moved second reading of Ordinance 1720, an ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1677), by allowing public fairgrounds, public schools, public jail facilities, and police and fire stations to be permitted uses in all zones, and declaring an effective date. The motion was seconded. Council Discussion Hafferman stated he still feels the same way he did at the first reading; government agencies should not be treated any differently than public entities. He said he will be voting against the ordinance. Saverud remarked this does not give the government any power they don't already have; all the government agency has to do is apply for a waiver. Guiffrida and Atkinson spoke in favor of the ordinance. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, and Zauner voting in favor, Hafferman voting against, and Mayor Fisher absent. D/2. RESOLUTION 5604 — BOARD OF INVESTMENT LOAN This resolution authorizes participation in the BOI loan program for $375,000 at a 1.25% variable interest rate for the purchase of vehicles and equipment. Russell gave a report and staff answered questions. Kalispell City Council Minutes January 22, 2013 Page 2 Public Comment None. Saverud moved Resolution 5604, a resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (INTERCAP Revolving Program), approving the form and terms of the loan agreement and authorizing the execution and delivery of documents related thereto. The motion was seconded. Council Discussion Hafferman remarked it is important to be able to borrow, but the city has enough money in the general fund and parks fund to cover this loan. He said the loan only adds to our credit card debt. Guiffrida agreed with some of Hafferman's points, but added the loan was approved in the budget and it's a great initial interest rate. Atkinson spoke in favor of the resolution. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, and Zauner voting in favor, Hafferman voting against, and Mayor Fisher absent. E. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Gabriel thanked council and staff for their participation in the recent Jon Tester meeting. Russell informed council the January 28 work session will focus on the Willdan market analysis of the Core Area, the ethics policy, and the request for an amendment to allow alcohol in the parks. Russell also updated council on the recent impact fee meeting. Emmm3 There was brief discussion regarding the Hockey Association request. F. ADJOURN The meeting was adjourned at 8:17 p.m. Theresa White City Clerk Kalispell City Council Minutes January 22, 2013 Page 3