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1. Council Minutes - Regular Meeting November 17, 2003A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, NOVEMBER 17, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER TED POLER WAS ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Fire Chief Randy Brodeh , Public Works Director Jim Hansz, Finance Director Amy Robertson and Tri-City Planning Director Tom Jentz. 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 Council Minutes — Regular Meeting.November 3, 2003 2. Ordinance 1483 — Initial Zoning — Tim Birk — 2nd Reading 3, Ordinance 1484 — Initial Zoning — Robert & Kathy Foppiano -- 2nd Reading 4. Ordinance 1485 — Initial Zoning — Larry & Arlene Johnson — 2nd Reading US EPA National Award — Wastewater Treatment Plant Kenyon moved approval of the Consent Agenda. The motion was seconded. John Wardell, Director of EPA for Montana and Bill Bahr, Montana DEQ Manager for the EPA Clean Water Act award program, presented the 2003 Region 8 Clean Water Act Recognition Award to Wastewater Treatment Plant Manager Joni Emrick, along with staff members Curt Kenecky, Phil Lauman and Louis Eskestrand. The motion carried unanimously upon roll call vote. C. STUDENT ISSUES Kate Reese, Kalispell Youth Advisory Council President, presented an update of youth activities announcing that two members, Amanda Dudis and Madison Hutchins, will be accompanying Mayor :Kennedy to the National League of Cities in Nashville next month. Reese also announced the advisory council will hold meetings on the second and fourth Mondays of every month at 5:45 p.m. in the Summit Conference Room, Kalispell City Council Minutes November 17, 2003 Page 1 D. HEAR THE PUBLIC None. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/I. FINAL PLAT -- J & L SUBDIVISION This is a request for final plat approval of a two -lot commercial subdivision on approximately 1.2 acres located at the south end of Meridian Court. Larson moved to accept the subdivision improvement agreement and approve the final plat for J & L Subdivision. The motion was seconded. Jentz gave a staff report explaining the preliminary plat was approved in July under the name of the "Scott Subdivision". There was no discussion. The motion carried unanimously upon vote. E/2. RESOLUTION 4850 —RESOLUTION OF INTENT TO AMEND WATER & SEWER UTILITY CONNECTION FEES & TURTN-ON FEE & ESTABLISH TAG FEE — CALL FOR PUBLIC HEARING This resolution sets a public hearing for December 15th on the City's intent to make changes to the water and sewer fees. Leistiko moved Resolution 4850, a resolution setting a date for public hearing on a proposal to adopt increases in the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell water and sewer utilities. The motion was seconded. Hafferman stated residents should be aware the Council is proposing to raise the water connection fee from $656.00 to $1,675.00, the sewer connection fee from 51,581.00 to $2,010.00 for a certain size meter, and then keep raising the rates until the year 2011. He said the proposal also includes a new taxation with a tag fee, which means if you're late paying your water and sewer bill you will "be dinged 520.00" for the City to hang; a notice on your door. i Iafferman stated the increase in the turn - on fee is also an increase in taxation by raising the turn -on fee from $20.00 to $30.00. Atkinson commented that was a good explanation of the proposal and the idea behind it is that the residents of Kalispell have paid for growth in the past, and this is an attempt to get growth to pay for itself. He said that's something the community has asked for and it's up to the Council to find a way to do that. Atkinson said this is the most fair and equitable way for the citizens of Kalispell to be able to live in Kalispell without having to pay for future growth. Kukulski added the increase in connection fees is a direct result of the rate study and utility analysis. He said of the $28 million dollars in improvements that were identified in the Facilities Plan, only those related to growth are being funded through the connection fees. Kalispell City Council Minutes November 17, 2003 Page 2 The motion carried unanimously upon roll call vote. E/3. RESOLUTION 4851 — RESOLUTION OF INTENT TO AMEND SECTION 36 PLANNED UNIT DEVELOPMENT AGREEMENT AND CALL FOR PUBLIC HEARING The State is requesting amendments to the Section 36 PUD agreement approved by the City Council in December, 2001. Resolution 4851 sets a public hearing on the proposed amendments for December 1 st. Leistiko moved Resolution 4851, a resolution of intention to amend the Section 36 Planned Unit Development Agreement. The motion was seconded. Kukulski said even though the public hearing is not required, staff felt it's important to hold a hearing since the amendments are major. There was no discussion. The motion carried unanimously upon roll call vote. E/4. BOARD APPOINTMENT — CONRAD MUSEUM BOARD OF DIRECTORS Two letters of interest were received for an opening on the Conrad Museum Board following the resignation of Norbert Donahue. Susan Abbott -Thompson and Mark Munsinger are both interested in the position for a term set to expire April 30, 2005. Mayor Kennedy stated the decision was a difficult one, but she is recommending Mark Munsinger be appointed to the board to fulfill Donahue's teen. Larson moved the Council confirm Mayor Kennedy's recommendation and appoint Mark Munsinger to the Conrad Board of Directors. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Mayor Kennedy announced there will be a work session immediately following the meeting to discuss the proposed amendments to the Section 36 Planned Unit Development Agreement. Kukulski said one of the largest components for the cleanliness of flathead Lake directly relates to the amount of phosphorous generated from the treatment plant. He said the plant's permit allows for a discharge of 26 pounds per day, the plant actually only discharges 2.5 pounds per day. Kukulski said a year ago the discharge was around 4 pounds per day but the plant operators continue to find ways to improve the system and that was one of the reasons why the plant received the award that was presented this evening. Kalispell City Council Minutes November 17, 2003 Page 3 U. ADJOURN The meeting was adjourned at 7:30 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes November 17, 2003 Pane 4