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1. Council Minutes - Regular Meeting - June 3, 2014A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JUNE 2, 2014, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KAKI GABRIEL, CHAD GRAHAM, PHIL GUIFFRIDA, RANDY KENYON, TIM KLUESNER, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBER SANDY CARLSON WAS ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Police Captain of Administration Wade Rademacher, Fire Chief Dave Dedman, Planning Director Tom Jentz, Senior Planner Kevin LeClair, and Public Works Senior Civil Engineer Keith Haskins. Mayor Johnson called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Guiffrida moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meetingz — May 19 2014 2. Award EnizineerinR Contract — Westside Interceptor Proiect Five Statements of Qualification were received for the Westside Interceptor Project to extend sewer conveyance from the intersection of Reserve Drive West and Highway 93 North to the intersection of 9th Street West and 51h Avenue West. Staff recommended the contract be awarded to Robert Peccia and Associates. 3. Ordinance 1739 — Starling PUD Agreement Extension — 2nd Reading This request for a one-year extension of the Planned Unit Development agreement for Section 35 was passed unanimously on first reading May 19. Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. C. COMMITTEE REPORTS None. Kalispell City Council Minutes June 2, 2014 Page 1 D. PUBLIC COMMENT None. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 5674 — ANNEXATION REQUEST — MORE SCHREINER INVESTMENTS This is a request for annexation of .87 of an acre of developed commercial property located at 2141 Third Avenue East. LeClair gave a report and answered questions. Public Comment None. Atkinson moved Resolution 5674, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property located at 2141 Third Avenue East, Kalispell, Montana and more particularly described in Exhibit "A" attached hereto to be known as More Schreiner Addition No. 422,; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Council Discussion Guiffrida thanked staff for the annexation cost analysis report. The motion carried unanimously upon roll call vote with Carlson absent. E/2. ORDINANCE 1740 — ZONING — MORE SCHREINER INVESTMENTS — 1ST READING More Schreiner Investments is requesting a zoning designation of City B-2 (General Business) on the property annexed above. Public Comment None. Guiffrida moved first reading of Ordinance 1740, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning certain real property located at 2141 Third Avenue East, Kalispell, Montana and more particularly described in Exhibit "A" attached hereto, currently zoned County B-2 (General Business), to City B-2 (General Business) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kalispell City Council Minutes June 2, 2014 Page 2 There was no discussion. The motion carried unanimously upon vote with Carlson absent. E/3. RESOLUTION 5676 — PARKING FEES Resolution 5676 adjusts the parking fees to better align with the costs of annual maintenance, snow removal activities, and future improvements. Russell gave a report. Russell, Jentz and Rademacher answered questions. Public Comment Pam Carbonari, Kalispell Downtown Association and Kalispell Business District, commented the parking lots are definitely in need of improvements and have been neglected for way too long. Chris Hall, 115 W. Evergreen Drive, stated he understands there is a hole in the budget that needs to be filled, but the council should be leery of increasing costs for downtown visitors. Atkinson moved Resolution 5675, a resolution establishing offstreet parking fees within the City of Kalispell pursuant to the powers granted to municipal governments by the Montana Constitution Article XI Section 4, MCA 7-5-4101 and MCA 7-1-4124 and in accordance with Kalispell City Ordinance No. 1738 and setting an effective date. The motion was seconded. Council Discussion Guiffrida spoke in favor of the resolution because it solves short term issues, but he's eager to look at the overall strategic plan when presented. Mayor Johnson said he will also vote in favor of the resolution, but would like to look at budget options such as moving snowplowing funds to parking lot landscaping if the city experiences a light winter. The motion carried unanimously upon vote with Carlson absent. E/4. RESOLUTION 5677 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — LIGHT MAINTENANCE DISTRICT This resolution schedules a public hearing for July 7th on a proposal to expand the Light Maintenance District. Russell gave a report and answered questions. Public Comment None. Kalispell City Council Minutes June 2, 2014 Page 3 Saverud moved Resolution 5677, a resolution of intent to expand the Light Maintenance District of the City of Kalispell, setting a date for a public hearing on the proposed expansion and directing the City Clerk to give public notice of said hearing. The motion was seconded. Council Discussion Atkinson said he is not entirely comfortable with the assessments breakdown, but he will vote in favor of the resolution because he would like to hear how the public feels. Guiffrida stated he also wants to hear from the public. The motion carried unanimously upon roll call vote with Carlson absent. E/5. RESOLUTION 5678 — CALLING FOR BALLOT MEASURE — EMS MILL LEVY Resolution 5678 calls for a ballot measure on the November 2014 General Election that proposes a new mill levy for the funding of Emergency Medical Services to the electors of Kalispell. Russell gave a presentation. Russell and Dedman answered questions. Public Comment None. Kenyon moved Resolution 5678, a resolution calling for a ballot measure on the 2014 General Election Ballot that submits to the electors of the City of Kalispell a new mill levy to provide funding for emergency medical services as authorized by Section 15-10-425 of the Montana Code Annotated. The motion was seconded. Council Discussion Kluesner commented he would like more discussion on how to mitigate, or reduce, the budget in other areas prior to sending this forward. Kluesner moved to table Resolution 5678 for one month. There was no second. Guiffrida said he would also like to have that discussion, but finding other ways to save money will not affect this ballot issue and he feels people have the right to determine the level of service they receive. Mayor Johnson agreed. The motion carried upon roll call vote with Atkinson, Gabriel, Graham, Guiffrida, Kenyon, Kluesner, Saverud, and Mayor Johnson voting in favor, Kluesner voting against, and Carlson absent. Kalispell City Council Minutes June 2, 2014 Page 4 E/6. ALCOHOL SPECIAL EVENT PERMIT — THURSDAY!FEST The Kalispell Downtown Association requested a permit to sell alcohol as part of its Thursday!Fest street festival June 26 through August 28, 2014. Russell gave a report. Public Comment Joe Apple, 203 Garland Street, spoke against allowing alcohol consumption downtown and reminded council there are great costs to a community in conjunction with alcohol. Pam Carbonari, Kalispell Downtown Association, noted the event is changing location this year and will be held on 2na Avenue East and partially on the lawn at Central School Museum. She asked the council to consider waiving the individual vending permits, stating the vending permit is to ensure that the vendors have insurance, but the City Attorney has discovered the KDA's insurance will cover all of the vendors participating and individual policies are not necessary. Carbonari said she has already heard from two past vendors that if the $50.00 seasonal fee is required, they will not be participating. Kenyon moved city council approve the Special Event Permit to allow for the sale and consumption of alcohol at Thursday!Fest June 26 through August 28, 2014, and to exempt Thursday!Fest from Ordinance 1512. The motion was seconded. Harball noted the motion is improper. He stated the issue has not been noticed publicly and the proper action to take would be to amend the ordinance rather than provide an exemption. Guiffrida moved to amend the motion by striking the exemption. The motion was seconded. There was discussion with council consensus to bring the issue of amendment forward at the work session June 16. The amendment carried upon voice vote with Kenyon voting against, and Carlson absent The main motion as amended carried unanimously upon voice vote with Carlson absent. E/7. BOARD APPOINTMENT — STREET TREE COMMITTEE Larry Roberts has submitted a letter of interest to be appointed to the last open seat on the Street Tree Committee. Mayor Johnson recommend Larry Roberts be appointed to the Street Tree Committee. Public Comment None Kalispell City Council Minutes June 2, 2014 Page 5 Saverud moved the council accept the Mayor's recommendation and appoint Larry Roberts to the Street Tree Committee. The motion was seconded. The motion carried unanimously upon voice vote with Carlson absent. F. MAYOR/COUNCIL/CITY MANAGER REPORTS (No Action) Russell announced WWTP Manager Curt Konecky recently received the "2014 Operators Award" from the Montana Water Environment Association for Outstanding Performance and Professionalism in the Field. Russell reminded council budget work sessions will be held the next two evenings starting at 7:00 p.m. Kluesner congratulated Kidsports on the outstanding job they did with the Three Blind Refs soccer tournament. Mayor Johnson noted Kari Gabriel will be attending the E911 meeting in his absence on June 11, and he encouraged everyone to vote tomorrow. G. ADJOURN The meeting was adjourned at 9:01 p.m. Theresa White City Clerk Kalispell City Council Minutes June 2, 2014 Page 6