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1. Council Minutes - Regular Meeting - January 3, 2006A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P,M., TUES AY AI UA Y 3, 20069 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA , MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS ERS ,AIM A KINSON, BOB HAFFERMAN, BOB HERRON., RANDY KENYoN, TIM KLUESN I;� DUANE L.RSON, AND HANK O SON WERE PRESENT. COUNCIL MEMBER KARI GABRIEL WAS ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk {Theresa White, Public forks Director Jim Hansz, Finance Director ctor Amy Robertson, Police Chief Frank Garner, Fire Chief Randy . rod bl, Parks and Recreation it for Mike Baker and Recording Secretary Judi Funk. Kalispell Planning Department Director 'Tom Jentz arrived later Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A, AGENDA APPROVAL Larson moved approval of theAgenda* The motion was seconded.0 There was no discussion. The motion carried unanimously upon vote with Gabriel absent. B, OUTGOING COUNCIL PRESENTATION Mayor Kennedy stated that o t ;oi ; Council member . ayson Peters was not able to attend the meeting this evening, but he will be presented with a plaque. She thanked him for his years of service to the City. C. OATHS of OFFICE City Clerk White administered the oath of office to Mayor Kennedy, Council members Jim Atkinson'. Bob Hafferman, Tim Kl e n r and Hank Olson., and Municipal Court Judge Heidi Ulbricht. I, ELECTION of COUNCIL PRESIDENT Mayor Kennedy explained that the Council reeds to elect a Council President and asked for nominations. Atkinson moved the Council elect Duane Larson as President. The motion was seconded,, {There were no other nominations, The motion carried unanimously upon vote with Gabriel absent.. Kalispell City Council Mirmt s January , 2006 Page: I E. CONSENT AGENDA APPROVAL 1. Council Minutes — ReUlar Meeting..December :l 2oo Kenyon moved approval of the Consent Agenda. The motion was seconded. 'Where was no discussion. The motion carried unanimously upon vote with Gabriel absent. F. STUDENT ISSUES None. G. PUBLIC COMMENT John l irsc felder, 420 Mountain view Drive, stated he is applying for a seat on the Evergreen "water and Sewer Board and would be happy to answer questions. Jack Fallon, 629 Shadow Lane, President of the Evergreen Water and Sewer Board, said he has given a letter to the Councl l concerning Evergreen's '-fair share'' corr me n ts which were made by Han at the last meeting. He stated Kalispell residents are not getting cheated and Evergreen is paying its fair share. Fallon -noted he also provided Council members with a letter in opposition to C.M. Clark's appointment to the Evergreen 'water and Sewer Board. He said Clark threatened to sue the Board if it continued looking into a valley wide treatment system. Fallon asserted that Clark is prejudiced when it comes to Evergreen and he would not be appropriate "'if you want to smooth relations with the Board." C.M. Clark stated that he can bring a sense of stability to the problems with Evergreen and he can handle the job with an open mind. H. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION H/L FINAL T - STILLWATER BLUFFS SUBDIVISION This is a request for final plat approval of Stillwater Bluffs Subdivision which contains 32 lots on approximately 12.5 acres located on the east side of Country Way South between Granr d Lane and Country Way. Atkinson moved Connell accept the subdivision improvements agreement and approve the final plat for Stillwater Bluffs Subdivision. The motion was seconded. Patrick gave a staff report. Herron asked about the sidewalks, stating he would hope that a majority or the Council would agree that if these sidewalks were found to be substandard, they would need to be replaced. Kalispell City Council Minutes January 3, 200 Page Atkinson thanked Herron for his question and said the word needs to get out that Council is serious about sidewalks. Herron commented the Council needs to know if the sidewalks meet City standards and asked that core samples be taken before the plat is approved. Hansz answered it is extremely difficult to obtain core samples in the winter..l e said staff has looked at the sidewalks and they are satisfied that they meet the standards, adding that there is a. letter of certification from the engineer and the City Construction Manager in the Council packets. larerarn stated the developers of this subdivision have followed the proper procedures and he doesn't see any problem approving the final plat. Olson asked about a specific condition on the plat regarding the waiver or an SID and questioned if it mould hold up in court. Jentz stated it was specific language they received from Council and staff was directed to put it o the plat. rball stated that he is comfortable with the language that was used. The motion carried upon roll call vote with Atkinson, Hafferman, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, Herron and Klnesner voting against, and Gabriel absent. . RESOLUTION 5085 — MULTI -WAY STOP CONTROL — SHERRY LANE AT NOWFHRIDGE DRIVE An engineering study is recommending a four-way stop to improve traffic control and sight dist.a ee t the intersection of Sherry Lane at Northridge Drive. Larson moved Resolution. 5085, a resolution approving the placement of stop signs on Northridge Drive at its intersection with Sherry Lane and declaring an effective cute. The motion was seconded. Garner gave a staff report and answered questions. .arson stated he had been contacted a couple of months ago about this intersection and he is glad the stop signs are going in. He asked about adding a "No Through Truck Traffic"" sign there as well. The motion carried unanimously upon roll call vote with Gabriel absent. U 3. BOARD APPOINTMENT EVERGREEN WXfER AND SEWER BOARD Connie Leistiko recently resigned her position on the Evergreen Water and Sever Board. C.M. Clark and John ffirsehfelder have requested appointment to her seat. Kalispell City Council Minutes January 3. 2006 ,gage 3 Mayor Kennedy recommended the Council appoint C.M. Clark. Kenyon moved that the Council appoint C.M. Clark to the Evergreen Water and Sewer Board. The motion vas seconded. Olson stated that if there are concerns coning from the .evergreen Board about Clark, perhaps the Council should have a discussion with hire. He suggested that the appointment be tabled. l afferman stated after reading Fa l n's letter he is concerned with the potential for lawsuits and said if he has to vote tonight, he will have to vote "no'". He asked Patrick if the Evergreen representative interacts with the Council and what their function is. Patrick said the Evergreen representative will represent the City's interests and not his oven and should report back to the Council. Larson commented he has known Clark for many years and he feels Clark has an accurate grasp of what is going on and will make impartial decisions. Kenyon agreed, adding it would be the height of absurdity to place a member on the board that has no concrete interest .in the City of Kalispell. Olson moved to table the appointment until the January 17 meeting. The motion was seconded.. The motion to table failed on a tie vote with Hafferman Herron, Kluesner, and Olson voting In favor, Atkinson, Kenyon, Larson, and Mayor Kennedy voting against, and Gabriel absent.. Mayor Kennedy asked Clark to respond to Fallon's .letter. Clark Mated that he owns property next to the proposed treatment plant site. He said the comment he made as a private citizen at the board meeting was if the plant fouled up the river, then he would sue the hoard. He said there is a hidden agenda on the Evergreen Board and the feasibility study for a valley wide treatment system is a joke as indicated by the full page advertisement recently published in the Daily Inter Lake, which he added, was not authorized by the Board. Clark said the whole thing does not make good business sense and Evergreen is trying to expand beyond thee- means. afferman commented Clark has convinced him he has to vote against his appointment. Atkinson agreed with Clark and stated Fallon has been less than up -front with the City in the past, adding the City needs someone on the hoard who is not a `yes man" for Evergreen. Atkinson said we have a vested interest in what the Evergreen .hoard does and we need sorneo.ne to report hack to us. Larson agreed, noting that time after time Fallon has made blatantly false statements about the capabilities of our wastewater treatment plant and he has to go with Clark. Kalispell City Council Minutes January 3, 2006 Page Olson commented said .e"s going to swing his vote to Glad 's side since the comment about the lawsuit was made by Clark, private citizen. The motion carried upon roll call vote with Atkinson, Herron., Kenyon, Larson, Olson and Mayor Kennedy voting in favor, Hafferman and Kles . r voting against, and Gabriel absent. H . BOARD APPOINTMENT — SOLID 'BASTE BOARD Hank Olson has requested the Council reappoint him for another term to the Solid Waste District Board of Directors. Larson moved that the Council reappoint Hank Olson to the Solid Waste District Board of Directors. The motion was seconded. 'there was no discussion. The motion carried ni no si on vote with Gabriel absent. I. NIAYO NCII CITY MANAGER'S REPORTS o Acti n Mayor Kennedy wished Carol Kostman happiness in her retirement and thanked her for her 14 years of service to the City. Olson stated he was looking over the claims and reminded staff to buy items in town whenever possible. ADJOURN The meeting was adjourned at 8:22 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes Page