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1. Council Minutes - Regular Meeting - March 3, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS MELD AT 7: o0 P.M., MONDAY, MARCH 3, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, TIM KLUESNER, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, BANK. OLSON, AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Public Works Director Jim. Hansz, Assistant Chief of Police Roger Krauss, Fire Chief Randy Brodehl, Planning Department Director Tom Jentz, Planner II Nicole Johnson, 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. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Re lar Meetin — Februar 1 2005 2. ordinance 1.633 ---- Text Amendments — Subdivision Re ulations — 2nd Readin The Planning Board is recommending 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. ordinance 1633 passed unanimously on first reading February 19. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT None. Kalispell City Council Minutes March 3, 2008 Page 1 E. PUBLIC HEARING -- KALISPELL AREA TRANSPORTATION PLAN 2006 UPDATE This public hearing is to hear public comments on the Kalispell Area Transportation Plan 2006 Update which addresses the City, plus an area up to three miles beyond the City limits. Mayor Kennedy opened the public hearing. Eric Hummel, attorney for Wolford Development, expressed several concerns referred to in written statements by attorney Marshall Murray and transportation engineer .Kathleen Krager. (Written statements are attached and by this reference are made a part of the official record) Hummel encouraged the Council to compare the transportation plan with the growth policy because he feels there are many areas that are in conflict. Charles Lapp, 3230 Columbia Falls Stage Road, said he has several concerns with the plan including assumptions about population growth in the County. In addition, he said a Capital Improvements Plan needs to be implemented, and there are too many scenarios listed which can affect the whole transportation grid. Lapp remarked that his main concern is with implementation and he encouraged the Council to create a joint plan with the County. Denise Smith, Flathead Business and Industry Association Executive Director, stated FBIA members are concerned that the document only addresses the needs of projects that are already in place and does not create a vision for the future. She said FBIA's three main priorities are the LaSalle/Conrad connector, a Highway 93 North corridor study, and Whitefish Stage/Rose Grossing. She encouraged the Council to network with the County and Whitefish to continue the bypass further north, to question whether the level of service counts are accurate, and to determine if the stated costs are true costs. Smith concluded by requesting that the plan be tabled for further analysis. George Culpepper Jr., Northwest Montana Association of Realtors Government Affairs Director, disclosed that he serves on the Eagle Transit Board but is not speaking on their behalf. He read a Written statement. (Written statement is attached and by this reference is made a part of the official record) Jerry Reckin, 160 Rittman Drive,, remarked that he serves on the Impact Fee Advisory Committee, but tonight he is speaking as a taxpayer and a homeowner. He said he is gravely concerned that growth is not paying for itself and the costs are falling on taxpayers' shoulders. Reckin urged the Council to approve this plan as soon as possible, adding the document has been thoroughly studied and careful consideration has been given to the entire plan. Mayor Kennedy closed the public hearing. Kalispell City Council Minutes March 3, 2008 Page 2 F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/l, ORDINANCE 1634 — ILLICIT STORMWATER DISCHARGE REGULATIONS -- 2ND READING The City is required to implement a Stormwater Management Program which includes regulations for Illicit Discharge Detection and Elimination. ordinance 1634 passed on a seven -to -one vote February 19. Larson moved second 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. Saverud moved to amend Section 14 by replacing "City Council" with "Municipal Court" to read: "Any person receiving a Notice of Violation may appeal the determination of the City Director of Public Works. The notice of appeal must be received with ten (10) days from the date of the Notice of Violation. Hearing on the appeal before the Municipal Court . . shall take place within twenty (20) days from the date of receipt of the notice of appeal. The decision of the Municipal Court shall be final". The motion was seconded. Saverud commented even though the City Attorney mentioned at the last meeting that sometimes these issues become political, this issue should not become political and the Municipal Court is very capable of handling the cases. He said this would allow Council to deal with legislative issues. Hafferman disagreed stating the ordinance is overbearing on the public and he does not want to see ``search and seizures" for a relatively simple problem. He said there is a need for an ordinance but the City shouldn't make a criminal case out of a simple problem. Olson spoke in favor of the amendment. Larson stated there are many times the Council acts judicially, and there are many different appeal processes before boards rather than courts. He emphasized that people feel they have more control over the outcome when they are before a board. The amendment failed upon roll call vote with Atkinson, Kenyon, Olson, and Saverud voting in favor, and Gabriel, Hafferman, Kluesner, Larson, and Mayor Kennedy voting against. There was no further discussion. The main motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman voting against. Kalispell City Council Minutes March 3, 008 Page 3 FI2, 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 West be converted to a landscaped area. Resolution 5265 was tabled February 19. Larson moved to remove Resolution 5265 from the table. The motion was seconded. The motion carried unanimously upon vote. Harball gave a staff report and answered questions. Olson said his concern is for the residents who live around the high school and can't park in front of their houses. He stated the current parking situation is not acceptable and asked that this discussion be held one year from now when supposedly half of the drivers are at Glacier High School. Mayor Kennedy asked Chuck Cassidy, School District 5, to address the parking issue. Cassidy stated SD5 is constantly looking at ways to reduce their parking problems and their figures indicate there will be approximately 150 less cars next year as half of the seniors will be at Glacier High. He said they are continually looking at real estate for more parking and their goal is to continue a dialogue with the City and neighborhood. The motion carried upon roll call vote with Gabriel, Hafferman, Kenyon, Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, and Atkinson and Olson voting against. F13. FINAL PLAT — SILVERBROOK. ESTATES PHASE 1 This is a request for final plat approval of Silverbrook Estates Phase 1 which includes 107 single- family residential lots on 73 acres on the west side of Highway 93 approximately three quarters of a mile south of Church Drive. Gabriel moved Council approve the final plat for Silverbrook Estates, Phase 1, accept the Subdivision Improvement Agreement and approve the PUD agreement. The motion was seconded. Johnson gave a staff report and answered questions. Harball answered questions. There was no further discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes March 3, 2008 Page 4 G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy announced there will not be a work session on Monday, March 10, because she will be out of town as well as Randy Kenyon and Jim Patrick. Larson suggested Edna Beggs' 90th birthday be celebrated with a plaque in appreciation for her family"s donation of Begg's Park. Patrick informed Council that he is working on legislative appropriations for an indoor firing range and fire training center. H. ADJOURN The meeting was adjourned at 5:15 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes March 3, 2008 Page 5