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* AgendaCITY OF KALISPELL CITY COUNCIL MEETING AGENDA JUNE 17, 2013 - 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. Council Minutes — Regular Meeting — June 3, 2013 2. Ordinance 1726 — Zoning Request — Marilynn Richter — 2nd Reading Richter is requesting a zoning designation of R-2, Residential, on .77 acres of land containing a single family residence located at 205 Leisure Drive. Ordinance 1726 passed unanimously on first reading June 3. Ordinance 1727 — Zoning_Request — Orchard Village, LLP — 2nd Reading — Orchard Village, LLP — 2nd Reading Orchard Village is requesting a zoning designation of B-2, General Business, on .5 acres of land located at 57 Appleway Drive. Ordinance 1727 passed unanimously on first reading June 3. C. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda 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 HEARING The city council will accept public comments concerning a request by Sherry Wells to exclude approximately 3,000 square feet of property from the corporate limits. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items will be asked to do so following staff reports. Please see the last page of the agenda for Manner of Addressing the Council. (Comments shall be limited to three minutes) 1. Resolution 5623 — Exclusion Request — Sherry Wells This resolution excludes approximately 3,000 square feet of property near Concord Lane from the corporate limits. 2. Settlement Agreement — Diamond Aire Council will consider a proposed settlement agreement with Montana Diamond Aire, Inc. 3. Ordinance 1725 — Amending Park Rules & Regulations — 3rd Reading This ordinance amends the regulations for permitting alcohol at special events on city -owned property. Ordinance 1725, as amended twice, passed first reading on May 20. On June 3, Ordinance 1725 passed second reading with three amendments. 4. Alcohol Special Events Permit Request — Thursday!Fest The Kalispell Downtown Association is requesting a permit to sell alcohol as part of its annual Thursday!Fest activities beginning June 27. 5. Resolution 5626 — Construction Agreement — Three Mile Drive This is an agreement with the Montana Department of Transportation for the construction and/or reconstruction of Three Mile Drive as a separate phased portion of the Kalispell Bypass Project. 6. Resolution 5627 — Preliminary Engineering Report — Willows Stormwater Improvement Project Staff is requesting the council accept the Preliminary Engineering Report for the Willows Stormwater Improvement Project which includes the proposed design, cost estimates, and project schedule. 7. Installation of Bronze Deer Sculpture Per a contract with the city in 2007, Sherri Salari Sander created a bronze "Whitetail Deer" sculpture for installation at the intersection of Highway 93 and Highway 2. This is a request to proceed with the installation and complete the terms of the contract. 8. Motion to Authorize Limited Expenditure of Funds within the Fiscal Year 2014 Preliminary Budget & Call for Public Hearing Staff is requesting the council authorize the expenditure of funds from the FY2014 preliminary budget necessary for day-to-day operations of the city and schedule a public hearing for July 15. 9. Board Appointment — Police Commission Board appointments were made on May 20. Since then, Jim Ness has announced he will be retiring from the Police Commission. Mayor Fisher will offer a recommendation to fill the vacant seat from the original letters of interest received from Sam Herbert, Ronnie Laudati, and Dick Stotts. F. MAYOR/COUNCIL/CITY MANAGER REPORTS (No Action) G. ADJOURNMENT FOR YOUR INFORMATION Work Session — June 24, 2013 at 7:00 p.m. — Council Chambers Next Regular Meeting — July 1, 2013 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. 0 We follow the rules & guidelines established for each meeting.