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1. Council Minutes - Regular Meeting - September 17, 2007A REGULAR. MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, SEPTEMBER 17, 2007, IN THE COUNCIL CHAMBERS AT CITY FALL IN KALISPELL, MONTANA, MAYOR PAMELA B, KENNEDY PRESIDED. COUNCIL MEMBERS KART GABRIEL, BOB HAFFERMAN,Y KENYON, TINT KLUESNER., HANK OLSON, DUANE LAIISON, AND WAYNE SAVER.UD WERE PRESENT. COUNCIL MEMBER JIM ATKINSON WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Fire Chief Randy Brodehl, Chief of Police Roger Nasset, Finance Director Amy Robertson, Public Works Deputy Director/Assistant City Engineer Frank Castles, Associate Civil Engineer Susie Turner, Parks Director Mike Baker, Planning Director Tom Jentz, Airport Manager Fred Leistiko, 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 Atkinson absent. B. CONSENT AGENDA APPROVAL 7.. Council Minutes — Regular Meeting — September 4 007 2. Pled ed Securities as of June 30 207 3. Ordinance 1622 — Civil Penalties — Kalispell City Ai ort -- 2nd Readin Ordinance 1622 approves the City Airport Standard operating Procedures and authorizes municipal civil penalties for violations of the rules and regulations. Ordinance 1622 passed unanimously on first reading September 4. 4. Proclamation -- National First Responders Da — September 2S007 Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Atkinson absent. C. STUDENT ISSUES None. Kalispell City Council Minutes September 1.7, 2007 Page 1 D. PUBLIC COMMENT William Bobarski, 9 windward Loop, stated he and several of his neighbors in the Buffalo Commons Subdivision have signed a petition regarding the hospital using a construction staging area next to their neighborhood park. He asked for the City's help to resolve the issue, adding that "in a res*dentiallhospital neighborhood they shouldn't have to look at this day after day, month after month, and year after year". E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EI1. ORDINANCE 1623 — SALARY ORDINANCE -- 2ND READING Ordinance 1623 is a global salary compensation ordinance that would allow future compensation schedules to be adopted by resolution. Ordinance 1623 passed on a six -to -two vote September 4. Kenyon moved second reading of ordinance 1623, an ordinance amending ordinance No. 1552, authorizing the fixing of the limits of the salary and compensation of the City officials, supervisors, and employees by resolution pursuant to Title 7, Chapter 4, Part 42, M.C.A., and repealing all other ordinances in conflict therewith and declaring an effective date. The motion was seconded. There was no discussion. The motion carried upon roll call vote with Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Ilafferman and Kluesner voting against, and Atkinson absent. E/2. RESOLUTION 5239 — AUTHORIZING EXAMINATION OF LAND PURCHASE Approximately one half acre of property is being offered for sale at 2792 Highway 93 South, at the south end of the City airport, and Council members will determine if they are inclined to pursue the acquisition. Larson moved Resolution 5239, a resolution to authorize the City Manager to conduct all due diligence required for the purchase of approximately .550 acres of real property located in Flathead County, Montana and more particularly described as Tract "A" of COS# 17904 of record Flathead County, Montana and generally known as 2792 Highway 93 South, Kalispell, Montana. The motion was seconded. Patrick noted there is a Scribner's error in the address; it should actually be 2790 Highway 93 South. He explained the property is contiguous to City owned property on the south end of the airport and would provide access to Highway 93 which could be beneficial in the future. Hafferman stated the Council should have received a picture showing the exact location of this property. In addition, he questioned the justification of taking personal property in lieu of using a portion of the airport property. He said there may be a good justification, but he feels more information is needed prior to passing this resolution, such as the asking price of the property. Kalispell City Council Minutes September 17, 2007 Page 2 Mayor Kennedy emphasized this resolution simply authorizes the City Manager to conduct further research, not to purchase the property. Olson commented this property would give us an entrance on the south end of the airport that we don't have now, but we are not going to buy anything until we find out if it is worth it. Kluesner said he is more concerned with the property that used to be a City dump and asked that a feasibility study be done to find out if the land is usable. He said we don't need access to the property if we can't use it. Gabriel stated she has no problem moving forward with this because the property is not going to lessen in value. If we can't use it, they will have no problem selling it. The motion carried upon roil call vote with Gabriel, Kenyon, Larson, Olson, Saverud and Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Atkinson absent. E/3. RESOLUTION 5240 —REFINANCING —NEW CITY HALL/WELLS FARGO BUILDING This resolution authorizes the refinancing of funds to remodel the new City Hall at a fixed rate of 4.84% for 12 years. Gabriel moved Resolution 5240, a resolution authorizing the improvement and expansion of the existing City offices facilities and approving lease -purchase agreement and related documents in connection therewith. The motion was seconded. Patrick gave a staff report and answered questions. Hafferman stated he is opposed to extending the term from ten to twelve years; he doesn't want to lock us in at this time because the interest rates may be coming down; and he doesn't feel the City needs to pay another $8,000 to bond counsel. Olson said he is the one who has always yelled about getting a fixed rate. He said Hafferman said the interest rates may come down, but they may also go up. Olson said the City will save money having a fixed rate. There was discussion about prepayments and the length of the loan. The motion carried upon roll call vote with Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Atkinson absent. F, MAYO COUNCIL CITY MANAGER'S REPORTS No Action Mayor Kennedy noted that District 1 has an opening on the Board of Directors for the Montana League of Cities & Towns and said if any Council is interested to contact the league office. Kalispell City Council Minutes September 1.7, 2007 Page 3 Mayor Kennedy asked that the City act as a mediator between the hospital and Buffalo Commons to take care of the neighborhood issue. Patrick invited everyone to a fire house pancake breakfast from 7:00 to 11:00 a.m. on October 6 at City Hall to benefit the Connector Program and the Fireman's Benevolent Fund. G. ADJOURN The meeting was adjourned at 7:40 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes September 17, 2007 Page 4