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11/19/07 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M,, MONDAY, NOVEMBER 19, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL IN KA.LISPELL, MONTANA. MAYOR PAMELA B. KTNNEI]Y PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB RAFFERMAN, RANDY KENYON, TIM KLUESNER, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBERS KAKI GABRIEL AND DUANE LARSON WERE ABSENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa white, Fire Chief Randy Brodehl, Chief of Police Roger Nasset, Community Development Director Nellie Danielson, Planning Department Director Torn Jentz, Planner II Nicole Johnson, Airport Manager Fred Leistiko, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon Vote with Gabriel and Larson absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Re ular Meeting...-, November S 2007 Z. Ordinance 1624 -- Zone Chan e Brill eland Development LLP — 2nd Readin Bridgeland Development has requested a zone change from City R-4, Two Family Residential, to City R-3, Single Family Residential, on approximately six acres for Phase 4 of the Northland Subdivision located south of Four Mile Drive and north of Northland Subdivision Phases 1-3. Ordinance 1624 passed unanimously on first reading November 5. 3. Council Reco nition - Service Award Jeff Rudolph was presented with a Certificate of Appreciation for his volunteer work at the Kalispell City Airport. Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with. Gabriel and Larson absent. C. STUDENT ISSUES Dane. Kalispell City Council Minutes November 19, 2007 Page 1 D. PUBLIC COMMENT Tara Basko, Kila, previous owner of Meadowlark Montessori, clarified some of the issues regarding the conditional use permit request. Bill Buxton, Lakeside, introduced his Boy Scout Troop 1928 and had each member state their name. Danielle Heil, 47 Stratford Drive, informed Council that Meadowlark Montessori recently had a fire inspection and received a high rating. Mayre Flowers, Citizens for a Better Flathead, commended the Council for holding a joint work session with the planning board on the transportation plan on November Zb. She also noted that the next night the planning board will be holding a public hearing on the Glacier Mall proposal and it's essential for the community to understand the impacts of this development on traffic. She said because of the holiday weekend, the importance of the Glacier Mall proposal, and because there is still no staff report available for public review, Flowers encouraged the Council to hold a second public hearing on the Glacier Mall proposal prior to making a decision on the development. She also encouraged the Council to consider concurrency with annexation and transportation infrastructure occurring simultaneously. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. CONDITIONAL USE PERMIT —MEADOWLARK MONTESSORI (Tabled November 5) Danielle Heil and Joni Fystad are requesting a conditional use permit to operate a private preschool called the Meadowlark Montessori within an R-4, Two -Family Residential, zoning district. Atkinson moved to remove from the table the main motion approving a conditional use permit for Meadowlark. Montessori and the proposed amendment ("Meadowlark Montessori shall receive a safety inspection similar to a dayeare inspection prior to occupancy."). The motion was seconded. The motion to remove from the table carried unanimously upon vote with Gabriel and Larson absent. Patrick explained what an annual inspection includes and stated the school has already been inspected. Olson commented the amendment is asking for something the State doesn't require. Hafferman agreed and stated he will vote against the amendment. The amendment failed unanimously upon vote with Gabriel and Larson absent, Kalispell City Council Minutes November 19, 2007 Page 2 There was no further discussion. The main motion carried unanimously upon vote with Gabriel and Larson absent. E]2. RESOLUTION 5250 — SUPPORTING SOUTHERN PORTION OF BYPASS CONSTRUCTION This resolution reiterates the Council's resolve that the initial phases of the Kalispell Bypass Construction Project should be located on the southern portion of the route. Kenyon moved Resolution 5250, a resolution advocating the choice of the southern location for the initial phases of the Kalispell Bypass construction project. The motion was seconded. Olson said the money set aside for the bypass should be used for a bypass, and not to correct a problem with traffic near Hutton Ranch Plaza. He said the money needs to be used to build something on the south side that can help alleviate traffic on Main Street in case no further monies become available. Saverud and Kluesner also voiced their support for southern route to be completed first. The motion carried unanimously upon roll call vote with Gabriel and Larson absent. E13. INTERLOCAL AGREEMENT — EVERGREEN SEWER AND WATER Council will consider an interlocal agreement with Flathead County water &. Sewer District No.1 to allow City customers to utilize the Evergreen sewer conveyance system.. Kenyon moved Council authorize the City Manager to sign the interlocal agreement. The motion was seconded. Patrick gave a staff report and answered questions. Hafferman asked several questions, stating there are problems created when we annex developments remote from the city limits He concluded with the following statement, "I believe Evergreen Sewer's cost breakdown is reasonable for our application. While I do not like the reference to the city owning another conveyance system, I realize none of us know what tomorrow brings. I'm voting for this proposal even though I wished we hadn't gotten into the customer controversy. We have made commitments for 100,000 gallons. I can only hope this and other councils will look very closely at the economics of annexation." Kluesner stated he is in favor of the agreement and it's time to move forward with the City's commitments. There was no further discussion. Kalispell City Council Minutes November 19, 2007 Page 3 The motion carried upon vote with Atkinson, Hafferrnan, Kluesner, Olson, Saverud and Mayor Kennedy voting in favor, Kenyon voting against, and Gabriel and Larson absent. F. MAYO OUNCIL CITY MANAGER'S REPORTS a Action Mayor Kennedy welcomed K.ellie Danielson, the new Community Development Director. Mayor Kennedy wished everyone a safe and happy Thanksgiving. Patrick announced that Susie Turner, Public works Storm water engineer, received her Certified Professional in Erosion Control certificate; she is one of only nine in the state and the only one in public service. Patrick also wished everyone a happy Thanksgiving. O. ADJOURN The meeting was adjourned at 8:03 p.m. ATTEST: 1-�2 heresa White City Clerk Approved December 3, 2007 Kalispell City Council Minutes November 19, 2007 Page 4