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B1. 05-04-15 MinutesKALISPELL CITY COUNCIL MINUTES MAY 49 2015 View the minutes attached to the video of the meeting at: http:llwww.kalispell.com/mayor^ and city or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MAY 49 20159 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CHAD GRAHAM, PHIL GUIFFRIDA, ROD KUNTZ, SANDY CARLSON, KARI GABRIEL, AND TIM KLUESNER WERE PRESENT. WAYNE SAVERUD WAS ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planner Jarod Nygren, Parks and Recreation Director Chad Fincher, Public Works Director Susie Turner and Police Chief Roger Nasset. CALL TO ORDER PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL Guiffrida moved to approve the agenda as submitted. The motion was seconded by Kuntz. The motion carried unanimously upon roll call vote with Saverud absent. I � Be CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting - April 20, 2015 d/?() mir»>fiPe 2. Ordinance 1756 - Sprinia Prairie, Phase 4, Second Reading of Zoninia & PUD Ordinance Kalispell City Council Minutes May 4, 2015 Page 1 This ordinance adopts B-2 zoning with a PUD overlay for Spring Prairie Phase 4. Ordinance 1756 passed unanimously with one amendment on April 20, 2015. Ord 175E 3. Bid Award for Sidewalk and Curbing Construction Two bids were received for this item on April 23, 2015. Staff is recommending the unit price bid be awarded to Sandon Construction. Company. Sidewalks 4. Bid Award for 2nd Ave WN Water Distribution Improvement Pro'ect Three bids were received for this item on April 23, 2015. Staff is recommending the bid be awarded to LHC Construction in the amount of $196,848.01. Ind Ave. WN 5. Bid Award for Chip Sealing for Year End December 31, 2015 One bid was received for this item on April 23, 2015. Staff is recommending the bid be awarded to Pavement Maintenance Solutions, Inc. in the amount of $125,099.50. Chip Seal Atkinson moved to approve the consent alienda as submitted. The motion was seconded by Gabriel. The motion carried unanimously upon roll call vote with Saverud absent. C. COMMITTEE REPORT None D. PUBLIC COMMENT Ch ris Hall, Pu b l is Com m en t Mr. Hall of West Evergreen Drive spoke saying he feels the roads are in poor condition. He also spoke regarding the growing problem of methamphetamines. Nancy Cunninzham, Public Comment Ms. Cunningham of 644 Third Avenue East introduced herself as one of the applicants for the Police Commission. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Kalispell City Council Minutes May 4, 2015 Page 2 E. PUBLIC HEARING - OLD SCHOOL STATION This is a public hearing to receive comment on the resolution of intent for the Cit of Kalispell to retain and sell six (6) parcels of land in Old School Station assigned to the City from Flathead County. Public Comment Mayor Johnson opened the public hearing and public comment. Seeing none, he closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION FI1. ordinance 1757 - Amending Alcohol Special Event Permit for Parks and Other City owned Property - 1st Reading. This ordinance amends the Kalispell Municipal Code to add the requirement that application for permits to allow the service and consumption of alcohol outdoors on City owned property must include a map depicting a fenced area for this activity and sets a reasonable time for submittal of the application. C)rd 17 5 7 City Manager Doug Russell began the staff presentation on this item reviewing the discussions that have previously occurred at a work session on this subject. Council questions for staff. Councilor Guiffrida began questions for staff regarding the timing issue in the Ordinance. Mayor Johnson continued questions. Councilor Kluesner continued questions. Mayor Johnson continued discussion. Councilor Graham continued discussion. Public Comment Mayor Johnson opened public comment on this item. Diane Medler, Kalispell Convention & Visitors Bureau Ms. Medler thanked the Council for their attention on this matter and said the proposed changes to the ordinance address their concerns. Public Comment Closed Seeing no further public comment, Mayor Johnson. closed public comment. Kalispell City Council Minutes May 4, 2015 Page 3 Gabriel moved to approve an ordinance amending Chapter 3 of the Kalispell Munici Codes and codified at KMC 3-18?. Consumption in Street, Alley, or Public Place Prohibit d• exceptions, declaring -an effective date and authorizing the city attorney to codify the same. The motion was seconded by Carlson. Councilor Guiffrida began discussion on the motion. Councilor Gabriel continued discussion on the motion. Councilor Kuntz continued discussion on the motion. The motion carried upon vote with Atkinson, Carlson, Gabriel, Kuntz, and Mayor Johnson voting in favor, and Graham, Guiffrida, and Kluesner voting against, and Saverud absent. F12. Resolution 5717 - old School Station. By the action of this resolution the city acquires legal title to and states its policy to retain and sell Lots 3A, 4, 61 81 9 and 15 of Old School Station for the purposes of developing the property for private technological and industrial uses. R Pcn 5717 City Manager Doug Russell began the staff presentation on this item. Councilor Kluesner began questions for staff. Public Comment Mayor Johnson opened public comment. Chris Hall, Public Com m en t Mr. Hall of 115 west Evergreen Drive spoke in opposition to this item. Gabriel moved to approve Resolution 5717 a Resolution to Retain and Sell ursuant to MCA 7-8-2501� all interests in Real Property described as lots 3A 42 62 8z 9 and 15 of old School Station according to the plat and amended plats of record in the office of Clerk and Recorder of Flathead County, Montana, and to classify such real property for retention of disposal in accordance with such criteria so that the property shall be used for purposes that are in the best interests of the city. The motion was seconded by Atkinson. Mayor Johnson provided an overview of this item for the benefit of the public. Councilor Atkinson. provided further discussion. City Manager Charles Harball provided further discussion. Kalispell City Council Minutes May 4, 2015 Page 4 The motion carried unanimously upon roll call vote with Saverud absent. F13. Annual Appointments and Confirmations to Citizen Advisory Boards and cammittPPc_ The Council will consider for approval the recommendations of the Mayor for appointments to the various City Boards and Committees. Rnnrrl c City Manager Doug Russell provided a brief discussion on this item. Mayor Johnson provided recommendations for the following positions: Conrad Mansion - Gary Havens, Downtown Business Improvement District Board - John Hinchey and Marshall Noice, Economic Revolving Loan Fund Committee - Dave Hanson and A.J. Spear, Parking Advisory Board - Bill Goodman, Planning Board - Doug Kauffman, Steve Lorch and Rory Young, Police Commission - Barbara Truckner, Street Tree Committee - Marcus Grail and David Jones, Technical Advisory Committee - Mark Munsinger, and Tourism Business Improvement District - Dan Moderie. Mayor Johnson recommended that appointments to the Impact Fee Advisory Committee be made at a later date so as to allow more time for applicants since the legislature requirements that a CPA serve on the committee have been changed and the staff member serving in that position will be resigning from the board, thus creating a second vacancy. Atkinson moved to approve the acceptance of all the Mayors recommendations for all the various positions on the Citizen Advisory Boards and Committees. The motion was seconded by Carlson. Councilor Atkinson thanked everyone who has applied and encouraged those who were not appointed, to look to other vacancies. The motion carried unanimously upon roll call vote with Saverud absent. G. MAYORIC OUNCILIC ITY MANAGER'S REPORTS (No Action} City Manager Doug Russell provided the following report: • There will not be a work session next week. Instead, the City Manager, Mayor and Planning Department Director will be traveling to a Transportation Planning effort with several other stakeholders at the Sonoran Institute regarding the County Cuplet. That Kalispell City Council Minutes May 4, 2015 Page 5 program was paid for through a grant. • The next work session will be Tuesday, May 26, to review the Flathead Parking District again. • Budget Meetings for this year will be coming soon with the preliminary budget coming out in the middle of May. Several work sessions will be scheduled prior to the consideration. Mr. Russell suggested June 8, 9 and 10th, as preliminary budget work session meetings. Seeing no objections from Council, he will prepare for these dates. Mayor Johnson provided the following report: • Mayor Johnson attended a recent Flathead County Economic Development Board meeting. He was invited to do so in the future while they discuss the rail park. • Mayor Johnson spoke to the public comment that was received regarding the roads saying they have seen an improvement in the condition of the roads with the addition of new equipment. They work from a priority list. Mayor Johnson said it does come down to funding. He said there are certain needs in the city, which we need to look to Helena to change the laws. He would encourage citizens to contact their legislatures and talked about the Council speaking with legislatures on behalf of citizens. • Mayor Johnson said he really enjoyed watching the school kids learn, play and plant trees at the Arbor Day Celebration at Lawrence Park and felt it was a great program. ADJOURNMENT Seeing no further business Mayor Johnson ad'ourned the meeting,at 7:53 .m, Aimee Brunckhorst, CMC City Clerk Minutes approved on: Kalispell City Council Minutes May 4, 2015 Page 6