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1. Council Minutes - Regular Meeting Febuary 17, 2004A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, FEBRUARY 17, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL MEMBER RANDY KENYON PRESIDED. COUNCIL MEMBERS BOB HAFFERMAN, BOB HERRON, KARI GABRIEL AND JAYSON PETERS WERE PRESENT. MAYOR PAMELA B. KENNEDY AND COUNCIL MEMBERS JIM ATKINSON, DUANE LARSON AND HANK OLSON WERE ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim Hansz, Finance Director Amy Robertson and Parks and Recreation Director Mike Baker. Kenyon 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 Council Minutes — Regular Meeting - Februa 2 2004 2. Pledged Securities as of December 3 L 2003 3, Accept Proposal -- Wastewater Sludge .Proposal One firin responded to a request for proposals for the disposal of wastewater treatment plant sludge. Glacier Gold LLC submitted two options and staff is requesting Council accept the option for a disposal cost of $200 per dry ton. 4. Firefighter Coniirl-nations Adarn Smart and Greg Daenzer have completed their six-month probationary period with the Kalispell Fire Department and Council confirmation was requested. Peters moved approval of the Consent Agenda. The motion was seconded. Hafferman commented the five-year contract will hold the cost at $200 per dry ton for two years and then allow it to increase each year thereafter by changes in the Consumer Price Index. He asked if there's an escape clause allowing the City to get out of the contract if the CPI becomes too high. Hansz said during the development of the contract an escape clause will be proposed allowing either side to tenni.nate the contract with a one-year notice. In addition, a cap on the CPI will be looked at. The .motion carried unanimously upon vote. Kalispell City Council Minutes February 17, 2€ 04 Page 1 C. STUDENT ISSUES None. D. HEAR THE PUBLIC None. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Ell. ORDINANCE 1492 — SKATEBOARD PARK REGULATIONS — IST READING The Woodland Park skate park is now open for business and the City's insurance carrier is requiring rules and regulations be adopted by the Council for the safe operation of the facility. Baker gave a staff report. Peters moved first reading of Ordinance 1.492, an ordinance amending Section 19-20 of the Kalispell City Code setting forth the rules and regulations of the Woodland Skate Park and declaring an effective date. The motion was seconded. Peters asked how enforcement will work if someone sees a violation of the rules and regulations. Baker said because the rules and regulations are established by ordinance the Police Department will be able to issue citations and the Judge will have the authority to ban someone from the park if necessary. Kenyon asked if the youth using the park was involved in establishing some of the rules. Baker answered he met with several of the users and talked about the regulations, especially the protective gear requirement. The motion carried unanimously upon roll call vote. E/2. RESOLUTION 4861 — MERIDIAN ROAD PROJECT Resolution 4861 asks the Montana Transportation Commission to consent to an exception to their current borrowing policy and allow the Meridian Road project to be fully funded in 2004. Peters moved Resolution 4861, a resolution to declare the support of the Kalispell City Council for an interlocal request of the Montana Transportation Commission to allow an exception to their policy which prohibits borrowing against future allocations for more than five years for the purpose of fully funding the Meridian Road Project in 2004. The motion was seconded. Kukulski explained in 1993 the Transportation Advisory Commission identified the Meridian Road project as the number one priority for the expenditure of urban highway funds. He said the Montana Transportation Commission's current policy limits the ability to borrow against its future allocations to a maximum of five years. Kukulski said in order to finally get the project started, Kalispell is requesting an exception to that policy to allow borrowing the full amount needed to fund the project, estimated to cost approximately 12.4 million dollars. Kalispell City Council Minutes February 17, 2004 Page 2 Kenyon asked if this would have any impact on the Council's budgetary decisions. Kukulski said not at the City level because the urban highway funds are not a part of the City's budgeting process. He said even though it wouldn't affect City street projects, it will affect future urban highway projects. Kenyon asked when construction is anticipated to begin. Hansz said right now the plan is that utility relocation will begin this spring. He said once that work is done construction contracts could be awarded in November with actual work starting the spring of 2005. The motion carried unanimously upon roll call vote. F. MAYOWCOUNC1L/C.1TY MANAGER'S REPORTS (No Action) Hafferman said he noticed in the latest accounts payable list another payment to the Village County Sewer District. He said he thought the district, after being turned over, was supposed to be paying the City. Kukulski explained the process of taking over the district has been drawn out. He said problems were found with the agreement that created the district and staff learned that before the City could claim ownership, there had to be a vote by residents within the district. Kukulski said even though that process wasn't difficult, it was time consuming. After that was accomplished, the City learned that system users overpaid; in other words the debt was paid off, but money was still being collected for the debt. Kukulski said Finance Director Any Robertson estimated approximately how much was overpaid and that money has how been returned. He said now that all those hurdles have been settled, the district will be officially turned over to the City. G. ADJOURN The meeting was adjourned at 7:43 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes February 17, 2004 Page 3