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1. Council Minutes - Regular Meeting - April 17, 2006A. REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 ,M. i1r. ON AY APRIL 17,2006, IN THE COUNCIL CLAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNE Y PRESIDED, COUNCIL MEMBERS JIM A. KINSON, KARI GABRIEL, BOB 111AFFERMAN, BOB HERRON, RANDY K NYoN, TIM KLUESNE , DUANE LARSON, AND HANK o SON WERE PRESENT. Also present: City Manager James Patrick, a, City Attorney Charles Harball, Public Works Director Jim Hans , Public Worts Assistant Engineer Frank Castles, Police Chief Fra k Garner, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Planning Director Torn Jent, , and Airport Manager Fred L 1st ko. 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. Where was no discussion. The motion carried unanimously upon vote. . . CONSENT AGENDA A PRO VA Council Minutes — Regplar Meeting — A. ri 3 Zoo 2. Award Bid — 2006 Chip Seal Pro'eot Two bids were received for the C ty's 2006 Chip Seal Project. JTL Group bid $20 ,27 .00 and Pavement Maintenance Solutions bid 1. 5,837. 0. Staff is recommending the bid be awarded to Pavement Maintenance Solutions. 3. ordinance 1572 — Zoning Text Amendment — Sign Regulations — 2nd Readies This is a request from Tied Lion Hotels and GVD Commercial Properties to amend the definition of wall signs that are placed on larger buildings. Ordinance 1.572 passed on first reading Are.. 3. 4. Proclamation - Arbor Ida .Mril 2 2oo Kles e - moved approval of the Consent Agenda. The motion was seconded. Kluesner moved to remove item and place it on the main agenda as item . The motion was se. `here was no discussion. The motion carried unanimously upon vote. Kalispell City Council Lints April 1, 2006 tune I Bette Albright, Street Tree Commission Chairman, thanked the Council for proclaiming .April 28 as Arbor Day. Albright noted the Arbor Day celebration will take place on the Russell School playground where third graders will plant two commemorative trees. Mark Lennon, DNRCCOMMUD.ity Forester, in conjunction with the .Arbor Day proclamation, presented the City with the 2006 Tree City USA flag. Unnon remarked the City is receiving the Tree City USAF. award for the 1. th year in a row, and the Growth .Award for the 13th year. The main motion as amended carried unanimously upon. vote. C, STUDENT ISSUES None. D. PUBLIC COMMENT Randy Hi nzm an, 80 Glacier Circle, spoke i n support of Resolution 5113 authorizing the Community Development Department to apply for a CDBG-ED grant. Susan Storf , 1373 Whitefish Stage, said she opposed the Granary Ridge development that was approved last spring because of concerns with the density and the bluff. She said construction is underway, with three houses being framed and the addition of yards and yards of gravel. Storfa said Saturday night a major slough occurred on the bluff next to her house with yards of dirt and three pine trees sliding down the hill. She asked who is responsible if her house or shop "goes down the hill". Rachel Martin, 105 Santa Fe Street, asked for an update on the flooding problem on her street. She said the water has subsided somewhat, but residents continue to have water 'in their houses', and she wants to know how the Council is going to fix the problem and when it will be fixed. Mayor. y responded the Council will be discussing stormwater problems during the work session immediately following this meeting. E. REPORTSRECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E 1, ORDINANCE 1.573 — AIRPORT AFFECT,AREA, — 2ND READING Ordinance 1573 adopts a set of regulations to protect the air space within 10,000 feet around the City airport by regulating the height t of structures and natural objects. ordinance 1573 passed on first reading April I Larson moved second reading of ordinance 1573, an ordinance establishing regulations in the Kalispell City Airport Affected Area to provide airspace protection and land use compatibility i airport operations the Kalispell City Airport. n declaring n t i date. The motion was seconded, Kalispell Oily Council Minutes April 17, 20 Page affer. n.an stated the Daily Inter U e reported twice that he is opposed to condemnation outside the City boundaries. He corrected that he is opposed to condemnation anywhere, regardless o ;overnrnental boundaries, if it is not essential for public needs. Hafferman said condemnation of properties related to the City Airport is not essential for the general public, or the residents of Kalispell. He said the condemnation portion of the ordinance appears to be directed at the KGEZ towers, even though the a .rport has functioned many, many years with those towers in place, adding the towers only became a problem when the "grandiose" plan for the airport was developed and the A. became involved. Hafferman said this issue should have been settled first, before `charging ahead and. using taxpayer backing to fund credit card. purchases". Atkinson commented this ordinance is not intended to condemn property. He said State lair allows condemnation and this ordinance simply follows that law, adding the Council is not interested in condemning property. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Klu.esner, Larson, Olson, and. Mayor Kennedy voting in favor, and Haffern an voting against. 2. RESOLUTION 5113 — CDBG GRANT Resolution 51.1.3 authorizes the submission of a Community Development Block Grant -Economic Development Application. Kenyon moved Resolution 5113, a resolution. .0 .hori in n lic ion. to the Montana Department. of Commerce for a Community Development Block Grant on behalf of Distinctive Countertops. The motion was seconded* Patrick gave a staff report and answered questions. lson commented it's important to .rote that the principal and interest will remaln with the City for future loans. The motion carried unanimously upon roll call vote. E 3. STREET" LAMPS Flathead Electric Coop has provided some alternatives for shading the newly installed street lamps. Staff was directed to contact FEC at the April 3rd meeting following a complaint. Kenyon moved to open discussion on street lamps. The motion was seconded,, The motion carried unanimously upon vote,, Hansz gave a staff report and answered questions. Gabriel moved the City resume street light installations and allow FEC to serve their customers by inspecting and ad,* usting lights as and when customers living near the lights j-n is .e to FEC there is a suspected problem. The motion was seconded. Kalispell City Council Minutes April 17. 2006 Page .afferman. referring to the City's I i ghting standards # 13 and 9 14, stated the Cit 's street Tights don't comply with the lightIng ordinance. 13: Light fixtures or lamps shall be shielded or shaded in such a manner so that the light emitting surface is not visible and to direct incident rays away from all adjacent property. : Any light fixture must be placed in such a manner so that no light emitting surface is visible from any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level.) Herron said the Council argued for hours over these standards and we cannot even comply. Hansz noted the engineering standards govern street lights, not the lighting standards, which direct commercial and residential lighting on private property. He said the street tights do comply with the City's standards for street lighting. Herron emphasized the bottom line is that the standards for street lights don't comply with what we require `'our citizens, our residents, and our taxpayers to comply with. It" s ridiculous.'' e said we can't have it both ways and that is why the City continues to get in trouble with all sorts of standards that we can't enforce. Kles.ner said he agrees that FEC should be allowed to go forward, but he also agrees with Herron that the City has double standards. Kenyon remarked it's not a double standard, street lights are specifically for public safety. Herron responded that commercial business and private property owners have most of their lighting for safety reasons. Hafferm.an said he thinks FEC needs to go ahead with the project, but added the standards specifically require that: "All residential and commercial lighting whether on public or private property installed in the City limits of 'Kalispell shall comply with the requirements and specifications established with these regulations"'. He said he doesn't see how "it can. be any clearer;'. Gabriel commented it's important to note that Rafferman is reading from the lighting standards, which are specifically .for residential and commercial lighting. This is Flathead Electric" I ighting and is not for residential or commercial use. ,arson said he has only received two complaints about the lighting, one that it was too bright and one that the lighting wasn't bright enough. He said the project needs to move forward.. The motion carried unanimously upon vote. E/4. AWARD BID — 2006 CHIP SEAL PROJECT Moved from Consent A enda Two bids were reeelved for the City's 2006 Chip Seal Project, JTT Group bid $208,274.00 and Pavement Maintenance Solutions bid $145:,837.50. Staff is recommending the bid be awarded to Pavement Maintenance Solutions. Kalispell City Comicil Minutes P ��; 4 Kenyon move. Council award the bid for the 2006 Chip Seal Project to Pavement Maintenance Solutions of Kalispell in the amount 1, 3 , o. The motion was seconded. . HansHansz answered questions. Herron suggested placing the chip seal project schedule on the web site. The motion carried unanimously upon vote. F. MAo COUNCIL CITY MANAGER"S REPORTS No Action Gabriel. mentioned that she and Hafferma.n received a letter from. Robert Leuc expressing concern about the traffic on Northern Lights Boulevard. She said she understands his frustration and will provide a copy of the letter to other Council members. Mayor Kennedy said all of the Council members received the same letter and she was going to suggest placing the issue on a .future work session. Hafferman said he has received some phone calls asking how ambulance response is being handled with the opening of the new fire station. He asked Patrick to respond. Patrick stated all of the ambulances at this time are located at the north station due to staffing shortages and dispatch problems. afferrran said he heard that a fire truck would be responding to .medical calls south of town and asked whether a fire truck, or an ambulance, would be responding; to those calls. rodehl answered most likely both, however, a fire engine staffed with paramedics would be first on the scene to begin treatment. He said the fire engine 1s staffed with exactly the sane medical equipment as an ambulance, the only difference being that the patient cannot be transported on the fire engine. Broehl added, however, that a fourth ambulance that will be loused at this station has been purchased and should be arriving shortly. Larson said he has also received calls about medical response and asked if the ambulance that's arriving will be used to respond to calls or be used only as a back. -up. Brodehl responded both. He said if the need arises that the ambulance is the appropriate piece of equipment to respond with out of this station, we will. .parson said residents approved the bond measure to shorten the response time north of town, but not at the expense of residents who live south of town. lie said he's quite concerned that we aren't using are ambulance out of this station. Brodehl assured the Council that they are not playing with people's lives and when that ambulance is needed, it will be used. He agreed that EMS support is important t from both stations, but to provide equal service from both stations an additional five personnel are needed. Kalispell City Council Minutes April 17, 2006 Page Mayo- Kennedy said obviously the Council, and the citizens, are concerned about ambulance ce response. She asked that Brodehl review the situation and provide the Council with a report at a work i session. G. ADJOURN I�r IIWiW The meeting was adjourned a :22 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes April 17i 2006 Page 6