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12/15/08 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, DECEMBER 15, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KART GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, DANK OLSON, AND WAYNE SAVERUD WERE PRESENT, Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Acting Fire Chief Dan Diehl, Public Works Director Jim Hansz, Finance Director Amy Robertson, Municipal Court Judge Heidi Ulbricht, Parks and Recreation Director Mike Baker, Economic and Community Development Director Kellie Danielson, Planning Director Tom. Jentz, 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 Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting.. —.December 1 2008 2. Accepting MDoT Grant & A r. ovin Bud et Appropriation -- Alcohol Traffic Safety.and Drunk Driving Prevention Incentive The Municipal Court has been selected to receive funding in support of traffic safety related behavioral projects in an amount not to exceed $91,438.00. 3. Postpone Award of laid — Solid waste Automated Sideloader Three bids were received for a solid waste truck from KOIS Brothers Equipment, Montana Peterbilt, and western Peterbilt. Staff requested the contract award be postponed to January 5 to allow for additional review. Atkinson moved approval of the Consent Agenda. The motion was seconded. Ulbricht and Hansz gave staff reports. The motion carried unanimously upon vote. C. STUDENT ISSUES None. Kalispell City Council Minutes December 15, 2008 Page 1 D. PUBLIC COMMENT The followin s oke on Resolution 5331— Airport Miti ation Action Plan Jinn Pierce, 1880 Highway 93 South, owner of Red Eagle Aviation, spoke in favor stating it is time to move forward and relocate the KGEz towers. Todd Berg,1656 Three Mile Drive, stated he is the largest leaseholder at the airport and it is "time to take the jewel out of the rough" and remove the hazard at the end of the runway. Terry Anderson,123 Fairway Boulevard, Airport Advisory Board member, said he has been on the board for several years and he feels this is the best way to proceed. Dan Snyder, 271 Commons way, Airport Advisory Board member, said he has studied the issue and there is no doubt in his mind the KGEz signal strength will be stronger once the towers are moved. Scott Davis, 448 5th Avenue west, commented he is opposed to the airport expansion because the residents in the area do not want jets flying over their heads. He asked for assurance from. the City that if the expansion continues low flying jets will not be allowed to use the airport. Other Comments Bryan Scott, 1701 Highway 93 South, outlaw Inn, requested that the City carry the outlaw's water bill out over a couple of months and set up a payment plan. He said they are behind about $34,000 and are waiting for some large account receivables to come in. Roxanne Brothers, 786 4th Avenue west North, commented the City is far behind on curbside recycling and the Council should be looking into doing something about it. She also questioned why the Council finds it so difficult to accept the .Impact Fee Committee's recommendations, especially since they appointed the board members. Brothers remarked the City should not allow any additional development until the impact fees are in place. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E11. RESOLUTION 5330 -- CONSTRUCTION AGREEMENT — IMPROVEMENTS TO US HIGHWAY 2 The Montana Department of Transportation is proposing certain improvements to US Highway 2 consisting of asphalt overlay, seal and cover, guardrail., and pavement markings. Saverud moved Resolution 5330, a resolution authorizing the Mayor of Kalispell to execute the construction agreement of Federal Aid Project No. SFCP 1-2(145)122 with the State of Montana, acting by and through the Department of Transportation. The motion was seconded. Hansz gave a staff report. Hafferman noted the resolution states the construction will occur on US Highway 2 from 7th Street East. He said it is actually from 7th Avenue East North. Kalispell City Council Minutes December 15, 2445 Page 2 Hafferman moved to amend the second Whereas by changing "Seventh Street East" to "Seventh Avenue East North". The motion was seconded. There was no discussion. The amendment carried unanimously upon vote. There was no further discussion. The main motion, as amended, carried unanimously upon roll call vote. Ell. RESOLUTION 5331-- AIRPORT MITIGATION ACTION PLAN This resolution makes the finding of a public need for the mitigation of the air hazard created by the KGEZ radio towers and sets forth the direction of the Kalispell City Council to establish the value of relocating or removing the towers, to make a formal offer to the tower's owner, and to consider condemnation. Atkinson moved Resolution 5331, a resolution finding a public need for the mitigation of the air hazard created by the KGEZ radio towers and setting forth the direction of the Kalispell City Council to establish the value of relocating or removing the towers, to make a formal offer and to consider condemnation. The motion was seconded. Leistiko gave a staff report and answered questions. Olson moved to amend the last whereas to read, "if it is determined by the Kalispell City Council that it is prudent and timely to pay such costs, the City of Kalispell should make an offer to the owner of the KGEZ radio towers to relocate such towers out of hazardous airspace at no cost to the owner and without any discontinuance or degradation to his radio transmission Qr, 0 such tower+-rn�.��srti irtirr,.9a The motion was seconded. Olson said as hard as it has been to negotiate, he finds it extremely difficult to offer to pay for the relocation of the towers. Harball explained the City must make an offer for the cost of relocation before it can proceed with condemnation. He said if accepted, the City will then own the towers. Mayor Kennedy said the ordinance needs language affirming that when the City pays for the towers they become the property of the City. Harball proposed the following language be added for clarification: "for which the City will own the towers and the easement." Kluesner suggested the following: "at which time the City of Kalispell will become the lawful owners of the towers and the easement leading to them". Olson said the easement doesn't have anything to do with removing the towers. Kalispell City Council Minutes December 1.5, 2008 Page 3 Olson moved to modify his amendment and have the last whereas ready "if it is determined by the Kalispell City Council that it is prudent and timely to pay such costs, the City of Kalispell should make an offer to the owner of the KGEZ radio towers to relocate such towers out of hazardous airspace at no cost to the owner and without any discontinuance or degradation to his radio transmission or, in the alternative, to offer to pay to the owner of the KGEZ radio towers the projected cost to the City of such tower relocation, at which time the City of Kalispell will become the lawful owner of the towers and ma remove the towers." The second concurred. Hafferman commented he will be voting against the amendment. The amendment carried upon vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman voting against. Hafferman noted that when he took office in 2002 the Council agreed that one million dollars was to be spent on the airport and the money was to come from the sale of land; not the taxpayers. He said the Council should not be approving a written offer until we know where the money is coming from.. In addition, Hafferman said he has always been opposed to condemnation, especially when used for "special interest" and not "public interest". Kluesner agreed, stating by approving this resolution we are agreeing to a blank check. He said he also has an issue with the condemnation and he feels the airport expansion has never been justified to the taxpayer. There was further discussion. Webb remarked this is relatively simple; the Council is establishing a public need for tower mitigation and telling the City Manager to establish an offer. He assured the Council that no money would be spent that affects the general fund reserves. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud, and. Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. E13. RESOLUTION 5332 — FISCAL. 2009 GENERAL FUND BUDGET AMENDMENT Resolution 5332 revises the annual appropriations for the City of Kalispell by reducing the General Fund. Larson moved Resolution 5332, a resolution revising the annual appropriations for the City of Kalispell, Montana, as set forth in the 2008-2009 budget adopted by the City Council. The motion was seconded. Webb explained the General Fund reductions result in an increase in the reserves from $8,000 to $258,000. Olson remarked "we are saving dimes while we are losing dollars" and this budget amendment is just a band -aid. He said we should have one and a half million dollars in reserves and he doesn't like it any more than anyone else, but additional layoffs may be necessary. Kalispell City Council Minutes December 15, 2008 Page 4 Mayor Kennedy noted she hates to reduce the budget on the backs of youth and families by cutting parks programs, but public safety is more important right now. Larson agreed that police and fire personnel must be maintained. Hafferman commented that reductions should come from maintenance and operations in lieu of layoffs, and any layoffs should come first from those departments that are funded by grants and fees. Saverud stated he supports this amendment, but also feels we need to ask the public for help. He said the City may also have to consider park and public safety levies. The emotion carried upon roil call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, Saverud and Mayor Kennedy voting in favor, and Hafferman voting against. F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action The following department supervisors gave reports: Fire: Dan Diehl, Police: Roger Nasset, Parks: Mike Baker, Public Works: Jim Hansz. G. ADJOURN The meeting was adjourned at 9:07 p.m. ATTEST: Theresa White City Clerk Approved January 5, 2009 Kalispell City Council Minutes December 15, 2008 Page 5