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09/02/08 City Council MinutesA REGULAR MEETING OF THE KA.LISPELL CITY COUNCIL WAS MELD AT 7:00 P.M., TUESDAY, SEPTEMBER Z, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B, KENNEDY PRESIDED. COUNCIL MEMBERS JIM A KINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, HANK OLSON, AND WAYNE SAVER.UD WERE PRESENT. Also present: City Manager Jaynes Patrick, City Attorney Charles Harball, City Clerk Theresa white, Chief of Police Roger Nasset, Acting Fire Chief Dan Diehl, Finance Director Any Robertson, Public Works Director James Hansz, Planning Director Toni. Jentz, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no further discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes -- Regglar Meetin -- Au st 18 2008 Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. C. STUDENT ISSUES None. D. PUBLIC COMMENT Joe Brenneman, Flathead County Commissioner, thanked Council for their willingness to work on the consolidated 911 issue, and he invited Council to appoint a committee to review the interlocal agreement. E. PUBLIC HEADING — DE -ANNEXATION — LOR.NA WILSON Council accepted comments on a request to de -annex a 10-foot strip of property inadvertently included in the River Glen Subdivision. Kalispell City Council Minutes September 2, 2008 Page I Mayor Kennedy opened the public hearing. Proponents None. Opponents Done. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION FI1. RESOLUTION 5308 -- DE -ANNEXATION -- LORNA WILSON When River Glen Subdivision was annexed in 2003, a 10-foot wide section of property was also annexed in error. Lorna Wilson has formally requested the 3,441 square foot portion of her property be de -annexed. Larson moved Resolution 5308, a resolution excluding certain territory from the City of Kalispell, under the provisions of Title 7, Part 48, M.C.A. (Exclusion of Land), comprising a tract of land more particularly described in Exhibit "A", and setting an effective date. The motion was seconded.. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. F/2, ORDINANCE 1645 -- AMEND ZONING ORDINANCE 1481 - RIVER GLEN SUBDIVISION --1ST READING In conjunction with the de -annexation, the zoning ordinance for River Glen Subdivision needs to be amended to exclude the 10-foot piece of property listed above. Saverud moved first reading of ordinance 1645, an ordinance to amend [ordinance 1481, which amended section 27.02.010, official zoning Map, City of Kalispell zoning ordinance, (ordinance No. 1460), by removing the zoning for certain real property as described on Exhibit "A" located in. Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana from City R-3 (Single Family Residential) and to provide an effective date. The motion was seconded. There was no discussion. Kalispell City Council Minutes September 2, 2008 Page 2 The motion carried unanimously upon roll call vote. F13. RESOLUTION 5297 -- BUDGET RESOLUTION --- ANNUAL APPROPRIATIONS -- GENERAL FUND (TABLED AUGUST 18) (NOT ACTED ON) F/4, RESOLUTION 529$ —BUDGET RESOLUTION —ANNUAL APPROPRIATIONS ALL OTHER FUNDS (TABLED AUGUST 18) This resolution, setting the annual appropriations for all other funds as set forth in the 2008-2009 budget, was tabled at the last meeting. Atkinson moved to remove Resolution 5295 from the table. (A resolution setting the annual appropriations for the City of Kalispell, Montana, for special revenue funds, debt service funds, capital project funds and proprietary enterprise funds as set forth in the 2008-2009 budget adopted by the City Council). The motion was seconded. The motion to remove from the table carried unanimously upon vote. Robertson gave a staff report and answered questions. Hafferman commented he could vote for the resolution except for two things: the Airport Tax Increment Fund and the Impact Fee Fund. He said even though $12,000 is a small amount to relocate the restroorns at the airport, there is no funding mechanism that he knows of to use impact fees for this work. Hafferman said he is also concerned with the $199,000 earmarked for a ladder truck, principal and interest on a fire truck, and radios for police and fire. Hafferman stated he is concerned that impact fees will turn into a slush fund and requested a letter from the Impact Fee Committee regarding their recommendation for a new ladder truck. Mayor Kennedy suggested tabling this item until September 1.5. Hafferman moved to table Resolution 5298 until September 15. The motion was seconded. The motion to table carried upon roll call vote with Gabriel, Hafferman, Kenyon, K.l.uesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Atkinson voting against. F15. RESOLUTION 5309 —PRELIMINARY INDUCEMENT RESOLUTION AND CALL FOR PUBLIC NEARING — MULTI -FAMILY HOUSING REVENUE BONDS This resolution authorizes the submission of the volume cap application and calls for a public hearing on October 6 for the rehabilitation of 99 single -bedroom units at Glacier Manor Apartments and Treasure State Plaza. Kalispell City Council Minutes September 2, 2008 Page 3 Kenyon moved Resolution 5309, a resolution relating to issuance of revenue bonds for the financing of the acquisition and rehabilitation of a multifamily housing development located in the City of Kalispell; calling for a public hearing with respect to the issuance of such revenue bonds; granting preliminary approval to the issuance of such revenue bonds; establishing compliance with certain reimbursement regulations under the Internal Revenue Code of 1956, as amended, and taking certain other actions with respect thereto. The motion was seconded. Harball gave a staff report and answered questions. There was discussion concerning the $25,000 administration fee the City will receive and whether it is adequate to cover staff time. Kenyon moved to amend the bond amount from "$4,500,000" to "$5,000,000" in Sections 1.02 and 4, and in the public hearing notice. The motion was seconded. There was additional discussion on the administrative fee with the suggestion that staff track their time. The amendment carried unanimously upon vote. There was no further discussion. The main motion, as amended, carried unanimously upon roll call vote. F/6. BOARD APPOINTMENTS —SKATEBOARD PARK ADVISORY COMMITTEE Six letters of interest were received for the newly established skateboard park advisory committee. Those requesting appointment are Beverly Boe, William Bowser, Patrick Brooks, Deb Burfiend, JD Carabin, and Javier Saen2. Mayor Kennedy recommended the Council table the board appointments to give her more time to communicate with the applicants. Kenyon moved the Skateboard Park Advisory Committee appointments be tabled. The motion was seconded. The motion carried unanimously upon vote. G. IVIAYO COUNCIL CITY MANAGER'S REPORTS No Action Larson gave a tribute to Dick Seddon, a long-time City fire marshal who recently passed away. Ilafferrnan commented that he received a phone call regarding the shortfall in the parks and recreation fund suggesting that it would not be difficult to obtain $500,000 from a philanthropic group. He said we should be working towards being able to accept donations and track them. Kalispell City Council Minutes September 2, 2008 Page 4 Mayor Kennedy asked that the issue be placed on next week's work session. Olson said a former law enforcement officer has suggested we use minor offenders to work around the City and asked for a memo on the idea from the City Manager and Police Chief. Olson said he .has received numerous letters from residents near Flathead High School who are concerned about the high school's plan to eliminate parking and replace it with landscaping. He said the school is -making an effort to relieve the parking problem, but residents need additional relief. Patrick thanked Olson for his work on the Solid waste Board to begin a recycling program. Patrick stated he received an email that the gravel lot by the hospital is once again being used by construction companies and he is looking into the issue. Patrick reminded Council this is a fifth Monday month and asked for Council direction on whether they would like to schedule a joint meeting with the other cities and county. H. ADJOURN ___i n�im■ � rr The meeting was adjourned at 8:03 p.m. ATTEST: Theresa White City Clerk Kalispell City Council Minutes September Z, 2008 Page 5