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* AgendaCITY OF KALISPELL CITY COUNCIL MEETING AGENDA NOVEMBER 17, 2008 - 7:00 P.M. CITY HALL COUNCIL CHAMBERS 201 FIRST AVENUE EAST CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL B. CONSENT AGENDA APPROVAL All items listed on the Consent Agenda will be accepted by one motion. If a Council member desires to discuss an item separately, the item can be removed from the Consent Agenda by motion. 1. Council Minutes — Regular Meeting — November 3, 2008 2. Ordinance 1649 — Amending Ordinance 1525 - Municipal Civil Court Fees and Charges — 2nd Reading This ordinance increases the Court's civil Security and Technology fee from $5.00 to $10.00. Ordinance 1649 passed unanimously on first reading November 3. 3. Proclamation — National Hospice and Palliative Care Month C. STUDENT ISSUES Youth wishing to address the Council on any accomplishment, request or issue are asked to do so at this time. Those addressing the Council are requested to give their name and address for the record. Please see the last page of the Agenda for Manner of Addressing the Council. (Comments shall be limited to three minutes) D. PUBLIC COMMENT Persons wishing to address the Council on any issue, including Agenda items, are asked to do so at this time. Those addressing the Council are requested to give their name and address for the record. Please see the last page of the Agenda for Manner of Addressing the Council. (Comments shall be limited to three minutes) E. PUBLIC HEARING — GROWTH POLICY AMENDMENT — HIGHWAY 93 SOUTH/SIDERIUS COMMONS Council will accept comments concerning a request for an amendment to the Kalispell Growth Policy Future Land Use map for 550 acres currently designated for commercial, industrial, and suburban residential land uses. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Ordinance 1648 — Amending Ordinance 1240 — Municipal Criminal Court Fees and Charges — 2nd Reading This ordinance increases the Court's criminal surcharge fee and the Security and Technology fee from $5.00 to $10.00. It also permits the Court to assess a compliance fee up to $60.00 per month on sentences requiring court monitoring. 2. Resolution 5322 — Multi -Family Housing Revenue Bond This resolution gives final approval for the bonding for the rehabilitation of 99 single -bedroom units at Glacier Manor Apartments and Treasure State Plaza. 3. Resolution 5323 — Mental Health Center Revenue Note This resolution gives preliminary approval for the issuance and sale of a healthcare facilities revenue note for the refinancing of a mental health center on Buffalo Hill. 4. Resolution 5324 — Construction Agreement — Improvements to Traffic Signals The Montana Department of Transportation plans to complete improvements to three intersection traffic signals on Highway 93 at Conway Drive, Sunny View Lane, and Northridge Drive to improve left -turn movements. 5. Resolution 5325 — Preliminary Plat Extension — Spring Prairie Center Phase 3 This is a request for a one-year extension for Phase 3 of the preliminary plat of Spring Prairie Center to allow the developer to work with potential partners to solidify financing for this final phase. 6. Presentation — Annexation and Zoning with PUD Placeholder — Gardner Investments, LLC Planning staff will present, and Council will discuss, a request by Gardner Investments LLC for annexation and zoning with a PUD placeholder for 9 tracts of land located on the east side of Highway 93 South. 7. Resolution 5326 — Annexation — Gardner Investments LLC The annexation request totals approximately 81.59 acres of land located between the intersection of Highway 93 and Lower Valley Road, and Highway 93 and Snowline Lane. S. Ordinance 1650 - Zoning with PUD Placeholder — Gardner Investments. LLC — lst Reading A zoning designation of B-5, Industrial Commercial, is being proposed for all 9 tracts of land to accommodate a variety of business, warehouse, and light -industrial uses. The PUD placeholder would bind the property to a future PUD application. 9. Ordinance 1651 — Planned Unit Development Overlay Zoning District — Valley Ranch —1st Reading Gateway Properties, Inc. has requested a PUD overlay zoning district on an 80 acre project site within the city limits and currently zoned R-2, Single Family Residential. The project site is located on the east side of Highway 93 approximately 1'/a miles north of the intersection of Highway 93 and West Reserve Drive. 10. Resolution 5327 — Exclusion of Property— Bay Ridge Estates The City Council annexed approximately 19 acres of property in January, 2007 for the Bay Ridge Estates Subdivision. Plans to develop the property have dissolved and the owners have requested the annexation be rescinded. 11. Ordinance 1652 — Removing Property from Kalispell Zoning Map — Bay Ridge Estates —1st Reading In conjunction with rescinding the annexation listed above the Council also needs to amend the zoning ordinance to remove the property from the City's zoning map. 12. Resolution 5328 — Montana Public Employees Retirement System Policy Resolution 5328 revises the City's payment policy with respect to optional MPERS membership for future employees. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) H. ADJOURNMENT FOR YOUR INFORMATION Council Work Session — November 24, 2008 at 7:00 p.m. — Council Chambers CITY OFFICES CLOSED — November 27 & 28, 2008 — Thanksgiving Holiday Next Regular Meeting — December 1, 2008 at 7:00 p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. ADMINISTRATIVE CODE Adopted July 1,1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. C. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007 ■ We provide a safe environment where individual perspectives are respected, heard, and acknowledged. ■ We are responsible for respectful and courteous dialogue and participation. ■ We respect diverse opinions as a means to find solutions based on common ground. ■ We encourage and value broad community participation. ■ We encourage creative approaches to engage in public participation. ■ We value informed decision -making and take personal responsibility to educate and be educated. ■ We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem solving. ■ We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition. ■ We follow the rules & guidelines established for each meeting