Loading...
1. Council Minutes - Regular Meeting February 22, 2005A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., TUESDAY, FEBRUARY 22, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE I.AR.SON, HANK OLSON, AND JAYSON PETERS WERE PRESENT. Also present: City Manager Jaynes Patrick, City Attorney Charles Harball, City Clerk Theresa White, Community Development Director Susan Moyer, Finance Director Amy Robertson, Fire Chief Randy Brodehl, .Assistant Police Chief Roger Krauss, and Public Works Director Jim Hansz. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Peters moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting February 7 2005 2. Ordinance 1524 — Initial Zonin — Mountain Vista Estates --- 2nd Reading Touchstone LLC requested an initial zoning designation of R-2, Single Family Residential, with a Planned Unit Development overlay on approximately 50 acres located on the northeast corner of Three Mile Drive and Farm to Market Road. Ordinance 1524 passed on first reading February 7th. 3. Award Bid -- Noffsinger Spring Project Only one bid was received for lead abatement and window replacement at Noffsinger Spring. Staff recommended the bid be awarded to IRS Enviro.nental of Spokane Valley, Washington, in the amount of $39,728.00. 4. Award Bid --- Water Main, Service Line, and Hydrant Materials Hughes Supply and Norwest Pipe Fitting submitted bids for hydrants for the final phase of the fire hydrant installation program and regular main line, service, and repair materials for the Water Division. Staff recommended the bid be awarded to Hughes Supply of Kalispell in the amount of $92,829.05. 5. Award Bid — Single Jet Potable Water Meters AMCO Water Metering Systems and Metron-Farnier LLC submitted bids for new water meters and the final phase of the Residential Water Meter Change -out Project. Staff recommended the bid be awarded to Metron-Farnier of Boulder, Colorado, in the amount of $359,801.00. Kalispell City Council Minutes February 22, 2005 Ya;e l b. Firefighter Confirmations Dan Wagner, Jon Campbell, John Stewart, and Ken Gerhard have completed their six-month probationary period with the Kalispell Fire Department and Council confirmation was requested. Kenyon moved approval of the Consent Agenda. The motion was seconded. Hafferman asked that a correction be made to the Minutes on Page 3. He said in the last paragraph, eleven lines down, wording should be added to his comment stating: "He said he ran his own analysis and found that under an R-2 zoning designation `with a PUD overlay', the lots in this subdivision would almost pay for themselves...''. Mayor Kennedy offered the correction as a friendly amendment. There was no objection. The main motion carried unanimously upon roll call vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT None. E. PUBLIC HEARING — HOME GRANT APPLICATION This is the time for public comment on a request by the Community Development Department to apply for a HOME grant in the amount of $324,500 to provide down payment and closing cost assistance to a minimum of ten first-time hornebuyers. Mayor Kennedy opened the public hearing. Proponents Lynn Moon, City of Kalispell Housing Manager and Affordable Housing Consultant for Glacier .Affordable Housing Foundation, stated the Foundation is pleased to partnership with the City of Kalispell for the sixth first-time homebuyer program that has been held since 1996. She said during this period of time, .117 households have become homebuyers within Flathead County. Moon explained that recently the City completed a city-wide CDBG first-time hornebuyer program with the median sales price of $127,370.00, adding that the county -wide program with Glacier Affordable Housing Foundation is operating at a median sales price of $129,423.01). Moon commented that unfortunately the gap between income and the price of homes continues to widen and that is why it's so important for people to be able to access programs that provide dawn payment and closing cost subsidy. She said the Community Development Department looks forward to another successful partnership and asked the Council for its support in the submission of the grant. Kalispell. City Council Minutes February 22, 2005 Pane 2 Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/I. RESOLUTION 4978 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING AIRPORT TIF BOND This resolution amends Resolution 4977, a resolution of intent to bond for several City airport improvements, and schedules a public hearing for March 7th. Kenyon moved Resolution 4978, a resolution calling a public hearing on the proposed modification of the Airport/Athletic Complex Redevelopment Plan to approve a proposed project as an urban renewal project and to finance the project through the issuance of tax increment urban renewal bonds. The motion was seconded. Patrick explained a similar resolution was passed at the last Council meeting, however, the City's bond counsel felt it needed to be modified. He said Resolution 4978 sets a public hearing date for March 7th. Hafferman commented he voted against the last resolution and he will vote against this one also. He said this is putting taxpayers' money at risk and he doesn't believe the taxpayers should be financing any part of the airport because that wasn't the original agreement. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Hafferman voting against. F/Z. RESOLUTION 4979 — AIRPORT BONDS REIMBURSEMENT Resolution 4979 is necessary to reimburse the City for expenditures made before Airport Urban Renewal Bonds are received. Kenyon moved Resolution 4979, a resolution relating to financing of certain proposed projects; establishing compliance with reimbursement bond regulations under the Internal Revenue Code. The motion was seconded. Patrick explained this resolution, like the previous one, lists the proposed projects and their costs. Peters questioned why the City is passing a resolution for reimbursement of bond proceeds before the public hearing is held. Patrick said this resolution simply authorizes reimbursement if the bonds are approved. He said it doesn't obligate the City in any way. Harball added that it takes a while to receive bond monies and bond counsel suggested this resolution be passed now in the event council approves the sale at the next meeting. Kalispell City Council Minutes February 22, 2005 Page 3 Peters said it still seems presumptuous to "go down this road" prior to a public hearing. Hafferman stated "this is a good example of why the public is a little bit irritated with government". He said "this is arrogance" and suggested staff have the courtesy next time of holding off on any expenditures prior to the public hearing. Hafferman commented he is personally against any form of bonds and because the Council doesn't like him to call them "credit card" expenditures, he is now going to call them "bondage". He said "we are putting our children and grandchildren in bondage by spending money we don't have". Atkinson disagreed, saying he feels this is an efficient way of doing something pending public input and Council action. He said he would guess that Hafferman paid cash for his car and his house and has never been in "bondage", adding that unfortunately the "rest of us take out loans". Atkinson stated he feels this government borrows wisely and for the best interest of the community. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman, Herron, and Peters voting against. F/3. RESOLUTION 4980 — ENFORCEMENT AUTHORITY FOR PARKING VIOLATIONS This resolution grants the Parking Commission the authority to handle civil cases brought before the Kalispell Municipal Court without the City Attorney's involvement. Gabriel moved Resolution 4980, a resolution authorizing the Kalispell Parking Commission to permit lay representation of that entity before the Kalispell Municipal Court while acting under the supervision of a Montana -licensed attorney at law and declaring an effective date. The motion was seconded. Harball explained that recently a question was raised concerning the authority of the Parking Commission to handle the civil cases brought before the Court. He said his office contacted the Ethics Counsel for the State Board of Montana and it was suggested the Council pass a resolution giving the Parking Commission enforcement authority in municipal court. There was discussion and Harball answered questions. The motion carried unanimously upon roll call vote. F/4. RESOLUTION 4981 — STOP SIGN AT 5TH AVENUE EAST AND 5TH STREET EAST This resolution would authorize the installation of a two-way stop sign on 5th Street East at 5th Avenue East. Kenyon moved Resolution. 4981, a resolution approving the placement of stop signs on 5th Street East at its intersection with 5th Avenue East and declaring an effective date. The motion was seconded. Krauss explained that at the request of residents in the area a traffic study was conducted which indicated a two-way stop sign is warranted at this intersection for east and west bound traffic. He Kalispell City Council Minutes February 22, 2005 Page 4 said if the Council prefers a four-way stop, then staff is willing to do whatever the Council deems necessary. Olson asked if a four-way stop wouldn't be better for tarring traffic. Patrick said at this time staff prefers trying a two-way stop. Atkinson asked why the stop would be for east and west bound traffic instead of north and south. Hansz said under normal circumstances staff would have recommended reversing the signs, however, when looking at the intersection in conjunction with the Safe Routes to School ,plan, the east/west traffic needs to be stopped in order to provide a safe crossing. The motion carried unanimously upon roll call vote. F/5. ORDINANCE 1525 — AMENDING MUNICIPAL CIVIL COURT SURCHARGES — ST READING The Municipal Judge is requesting authorization to include a $5.00 surcharge to civil court actions to fund court security and technology. Larson moved first reading of Ordinance 1525, an ordinance amending Ordinance No.1304 by amending various civil fees for the municipal court and establishing a surcharge to fund court security and technology and declaring an effective date. The motion was seconded. Patrick explained that with the increasing costs of technology, Judge Ulbricht feels this is a good way to cover some of the costs necessary for the Court to keep current. There was no discussion. The motion carried unanimously upon roll call vote. F/6. ORDINANCE 1526 - AMENDING MUNICIPAL CRIMINAL COURT SURCHARGES —1ST READING The Municipal Judge is also requesting authorization to include a $5.00 surcharge to criminal cases to fund court security and technology. Larson moved first reading of Ordinance 1526, an ordinance amending Ordinance No.1240 by amending certain municipal court fees for criminal actions and establishing a surcharge to fund court security and technology, declaring an effective date and authorizing the City Attorney to codify the same. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes February 22, 2005 Page 5 F/7. RESOLUTION 4982 —MDT STORM DRAIN AGREEMENT —NORTH MERIDIAN ROAD PROJECT The North Meridian Road Project includes storm drainage facilities the City will maintain upon completion. This agreement clarifies the City's role following the completion of construction. Kenyon moved Resolution 4982, a resolution authorizing the Mayor of Kalispell to execute the Storm Drainage Agreement of Federal Aid Project Nos. STPU 6701.(7) and STPU 6701(8) with the State of Montana, acting by and through the Department of Transportation. The motion was seconded. Hansz explained this agreement is needed because the project includes storm drainage facilities the City will maintain upon completion. In addition, he stated the agreement also includes cost sharing details for facilities installed by the State but designed to accommodate additional flow requested by the City. Hansz said the inclusion of these facilities in the project has allowed for substantial cost savings to the City. There was no discussion. The motion carried unanimously upon roll call vote. F/8. RESOLUTION 4983 — MDT CONSTRUCTION AGREEMENT — NORTH MERIDIAN ROAD PROJECT Each time MDT works on a project within a city, there is a requirement for the city to maintain some of the facilities after the project is completed. This agreement outlines Kalispel.l's responsibilities following the completion of the North Meridian Road Project. Atkinson moved Resolution 4983, a resolution authorizing the Mayor of Kalispell to execute the Construction Agreement of Federal Aid Project Nos. STPU 6701(7) and STPU 6701(8) with the State of Montana, acting by and through the Department of Transportation. The motion was seconded. Hansz explained this is a standard foram agreement and several changes were made to simplify and clarify passages. There was no discussion. The motion carried unanimously upon roll call vote. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Mayor Kennedy announced the 639th will be returning home next week and she encouraged everyone to give them a "home- town welcome". Patrick stated the County has asked the City to"come to the table" on the Two Rivers Plan Amendment and the County Planning Board will be holding a public hearing some time in March. Kalispell City Council Minutes 3 cbruary 22, 2005 Page 6 I. ADJO[JRN The meeting was adjourned at 7:53 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes February 22, 2005 Page 7