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1. Council Minutes - Regular Meeting - February 19, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELL] AT 7:00 P.M., TUESDAY, FEBRUARY 19, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR. PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, TIM KLUESNER, BOB RAFFERMAN, RANDY KENYON, DUANE ON, HANK. OLSON, AND WAYNE SA'VERUD WERE PRESENT. COUNCIL MEMBER KARI GABRIEL WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Public Works Director Jim Hansz, Police Chief Roger Nasset, Community Redevelopment Manager Sandy Wheeler, Finance Director Amy Robertson, Planning Department Director Torn Jentz, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes ---- Re ular Meeting.February 4 2008 2. Council Minutes — Special Meetin — February 11 2008 3. ordinance 1631— zone Change — Sandra Aderholt — 2nd Readin This is a request for a zone change from R-3 (Urban Single Family Residential) to R-S (Residential/Professional office) for two lots that encompass approximately 32 thousand square feet along Meridian Road. ordinance 1631 passed unanimously on first reading February 4. 4. ordinance 1632 — Zonin Text Amendment 2nd Readin Ordinance 1632 amends the off -Street Parking and Loading Area Design Standards of the Kalispell Zoning ordinance. ordinance 1632 passed unanimously on first reading February 4. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel absent. Kalispell City Council Minutes February 19, 2008 P age 1 C. STUDENT ISSUES None. D. PUBLIC COMMENT Done. E. PUBLIC HEARING -- STREET AND ALLEY ABANDONMENT This public hearing is for a proposal to abandon portions of 5th Alley West, 4th Avenue West, and 7th Street West near Flathead High School. Mayor Kennedy opened the public hearing. Proponents None. Opponents None. Mayor Kennedy closed the public hearing. E PUBLIC HEARING -- SUBDIVISIGN REGULATIONS TEXT AMENDMENTS This public hearing concerns recent changes made by the legislature to the Montana Subdivision and Platting Act regarding minor subdivisions and park land requirements. The amendments also include minor housekeeping items. Mayor Kennedy opened the public hearing. Proponents None. opp� is None. Mayor Kennedy closed the public hearing. Kalispell City Council Minutes February 19, 2008 Page 2 G. PUBLIC HEARING -- ILLICIT STORMWATER DISCHARGE REGULATIONS This public hearing is for a proposed Storrnwater Management Program which consists of water quality controls for discharge to impaired water bodies. Mayor Kennedy opened the public hearing. Charles Lapp, 3230 Columbia Falls Stage Road, encouraged Council to make sure they understand the regulations thoroughly prior to passage. For example he pointed to the section allowing the City to search premises at "any time they want". Mayor Kennedy closed the public hearing. H. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION H/L RESOLUTION 5265 -- STREET AND ALLEY ABANDONMENT --- FLATHEAD HIGH SCHOOL School District 5 has requested that certain alleys around the Flathead High School be abandoned and that a portion of 4th Avenue Nest be converted to a landscaped area. Kenyon moved Resolution 5265, a resolution to abandon portions of 5th Ailey West, 4th Avenue West, and 7th Street West and convey them to School District 5. The motion was seconded. Harball gave a staff report and answered questions concerning the alley and the number of parking spaces affected. Olson moved to table Resolution 5265 until March 3rd to determine whether any parking will be lost. The motion was seconded. The motion to table carried unanimously upon vote with Gabriel absent. H12. ORDINANCE 1633 — TEXT AMENDMENTS — SUBDIVISION REGULATIONS �- 1 ST READING The Planning Board has requested several housekeeping amendments to Kalispell's subdivision regulations along with changes made by the State to the Montana Subdivision and Platting Act regarding minor subdivisions and park land requirements. Kenyon moved first reading of Ordinance 1633, 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. Bentz gave a staff report and answered questions. Kalispell City Council Minutes February 19, 2008 Page 3 There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel absent. H13. ORDINANCE 1634 -- ILLICIT STOR.MWATER. DISCHARGE REGULATIONS -- 1 ST READING The City is required to implement a Stormwater Management Program which includes regulations for Illicit Discharge Detection and Elimination. Atkinson moved first reading of ordinance 1634, an ordinance establishing regulations controlling the introduction of pollutants into the City of Kalispell Municipal Separate Storm Sewer System (MS4) in compliance with the requirements of the Montana Pollutant Discharge Elimination System (MPDES) permit process, establishing penalties for such illicit discharges and declaring an effective date. The motion was seconded. Hansz gave a staff report and answered questions. In response to Lapp's concern about searches, Harball stated most people will consent to a search if they are notified of a suggested discharge. He added, however, there will be individuals periodically who are aware of an unlawful discharge and are unwilling to let the City investigate. Harball said in these cases the City would have to obtain search warrants from District Court which are not issued lightly. Saverud expressed concern with Section 14 and the appeal process. He questioned whether the City Council is the best body to be making decisions on appeals. Harball answered the Council. can certainly give the decision to another board, but he noted that sometimes these issues become political and people like to express their concerns to the elected officials. Saverud said he feels the due process is there, but Council doesn't need to accept any more quasi- judicial responsibilities. Saverud moved to amend Section 14 by replacing the "City Council" with "Municipal Court". The motion was seconded, Mayor Kennedy asked Harball to speak to the motion. Harball said it would be appropriate if Council wants to move the appeal decision to Municipal Court. Saverud argued these violations would be no different than any other municipal offense that goes before the Court. Kalispell City Council Minutes February 19, 2008 Page 4 The motion to amend failed on a tie vote with Atkinson, Kenyon, Olson, and Saverud voting in favor, Hafferman, Kluesner, Larson, and Mayor Kennedy voting against, and Gabriel absent. Hafferman commented this ordinance appears to have been copied from some unknown source and is certainly not commensurate with life in Kalispell. He said it is excessive to any known problems that have occurred and its tone is that of an "overlord threatening its citizenry." He read excerpts from certain sections illustrating his point. Hafferman stated this ordinance gives the government unlimited powers and it needs to be rewritten. Olson stated this ordinance is exactly what we need to do in order to keep the watershed clean. The main motion carried upon roil call vote with Atkinson, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against and Gabriel absent. H14. RESOLUTION 5266 -- AUTHORIZING APPLICATION --- PRESERVE AMERICA COMMUNITIES PROGRAM This resolution authorizes the City to apply for the Preserve America Communities Designation which provides several benefits including eligibility for Preserve America grants. Kenyon moved Resolution 5256, a resolution authorizing the Mayor to apply for the "Preserve America Communities Program 2008" on behalf of the City of Kalispell. The motion was seconded. Patrick and wheeler gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel absent. H/5. LATECOMER'S AGREEMENT -- OLD SCHOOL STATION The utility extension at old School Station is now complete and the developer is wishing to enter into a Latecomer's Agreement to receive reimbursement for municipal water and sewer connections. Larson moved Council accept the old School Station Utility Extension Latecomer's Agreement and authorize the City Manager to execute the same. The motion was seconded. Patrick gave a staff report and answered questions. He asked for an amendment to Section 9 to change the 60 day period to 45 days. Hafferman remarked this is an important method whereby existing utilities can be extended to a proposed development with indebting ratepayers and taxpayers. He said the last paragraph in Section S could mean that the taxpayers end up paying the hook up fees for developments from Four Corners to old School Station. Kalispell City Council Minutes February 19, �D0S Page 5 Hafferman moved that Section S be revised by removing everything after the word "connection" in the third sentence. The motion was seconded. Atkinson spoke against the motion saying he can't imagine a situation where the City would want to waive the tees, however, he doesn't have a crystal ball and there may come a time when it would be in the best interest of the City. Larson commented that before we waive any fees it would have to be approved by the Council. Hafferman retorted the agreement does not specify that a waiver has to come before the Council. Kluesner agreed, stating the way Section S reads allows for an administrative waiver. He said the Council's job is to protect the taxpayers and ratepayers and we shouldn't leave "Pandora's Box" open for waivers. The motion to amend failed with Hafferman, Kluesner, and Saverud voting in favor, Atkinson, Kenyon, Larson, Olson, and Mayor Kennedy voting against, and Gabriel absent. Olson moved to amend Section 9 to read "The City shall pay to Developer the sums agreed by it to be collected pursuant to the provisions of this agreement within forty-five (45) days after receipt thereof at the address of Developer as set forth hereinafter or at such other addresses as Developer shall provide to the City". The motion was seconded. The motion to amend passed unanimously upon vote with Gabriel absent. Atkinson moved to amend the third sentence in Section S by adding "and approval of the City Council" after "without the prior written consent of the Developer". The motion was seconded. The motion carried upon vote with Atkinson, Hafferman, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Kluesner voting against, and Gabriel absent. Hafferman commented he has always been in favor of extension agreements, but he is voting against this one strictly because of the waiver clause. The main motion, as amended twice, carried upon vote with Atkinson, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Gabriel absent. HI6. RESOLUTION 5267-- FIRE TRUCK LOAN This resolution finalizes the bond for a new Fire Truck from Rocky Mountain .Bank in the amount of $575,000 at an interest rate of 3.95 %. Kalispell City Council Minutes February 19, 2008 Page 6 Larson moved Resolution 5267, a resolution awarding the sale of General Fund Bond, Series 2008; fixing its form and specifications; directing its execution and delivery; and providing for its payment. The motion was seconded. Robertson gave a staff report and answered questions. Kluesner congratulated staff on getting a "smoking" rate. The motion carried unanimously upon roll call vote with Gabriel absent. H17. RESOLUTION 5268 -- CONSTRUCTION AGREEMENT — CHURCH DRIVE This resolution approves a construction agreement with the State of Montana to complete improvements to Church Drive at the intersection with Highway 93 as part of the Stillwater River North project. Saverud moved Resolution 5268, a resolution authorizing the Mayor of Kalispell to execute the construction agreement of Federal Aid Project No. CBI 5-3(64)118 with the State of Montana, acting by and through the Department of Transportation. The motion was seconded. Hansz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel absent. i. MAYOEZCOUNCILLCITY MANAGER'S REPORTS No Action Mayor Kennedy requested a work session in March regarding downtown parking. Patrick announced that Eagle Transit now has bus service from Kalispell to Whitefish and Columbia Falls and the schedule is available at several locations and on the Flathead County website. J. ADJOURN The meeting was adjourned at 8:30 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes February 19, 1-2008 Page. 7