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10/19/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, OCTOBER 19, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBER DUANE LARSON WAS ABSENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Public Works Director Jim Hansz, Deputy Public Works Director Frank Castles, Civil Engineer Susie Turner, Finance Director Amy Robertson, Planning Director Tom Jentz, Senior Planner Sean Conrad, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, 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 Larson absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — October 5, 2009 2. Ordinance 1670 — Initial Zoning — Wholly Surrounded Areas — 2nd Reading Ordinance 1670 establishes zoning designations for eight small wholly surrounded properties. 3. Volunteer Appreciation Award — Bart Tobiason Bart Tobiason was recognized for the key role he played in placing pollution awareness markers on storm drains in Kalispell as part of the city's Stormwater Public Outreach and Participation Program. 4. Proclamation — Red Ribbon Week — October 26-30 2009 Saverud moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Larson absent. Kalispell City Council Minutes October 19, 2009 Page 1 C. STUDENT ISSUES None. D. PUBLIC COMMENT Scott Davis, 448 5th Avenue West, presented a list of questions regarding the airport and noise ordinance and requested a public hearing be held before anything further is done on the airport. He concluded by inviting everyone to a public meeting regarding the airport at 7:00 pm on Wednesday, October 21 at Flathead High School. Steve Eckels, 619 2nd Avenue West, noted he is opposed to noise, not the airport, and read a list of his concerns. Scott Richardson, 1507 1 st Avenue West, Suite E, remarked that the airport is critical to his business and he located there on purpose. He stated it is a huge economic boon for the city. Todd Snarr, 210 River Place, noted his concerns about enterprise funds and property taxes. E. PUBLIC HEARING — UTILITY RELOCATION BUDGET AMENDMENT Council accepted public comments concerning a budget amendment for the relocation of utilities in connection with the bypass. Mayor Kennedy opened the public hearing. Proponents None. Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/1. RESOLUTION 5398 — BUDGET AMENDMENT — BYPASS UTILITY RELOCATION Resolution 5398 amends the water and sewer budgets to consider the costs of utility relocation for the first phase of the Kalispell bypass project. Kenyon moved Resolution 5398, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the City Council. The motion was seconded. Kalispell City Council Minutes October 19, 2009 Page 2 Hansz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Larson absent. F/2. RESOLUTION 5399 — RESOLUTION OF INTENT & CALL FOR PUBLIC HEARING — ENGINEERING STANDARDS Several state and federal requirements have changed since the last update to the city's Standards for Design and Construction. The 2009 updates are now complete and a public hearing on the standards will be scheduled for November 2, 2009. Atkinson moved Resolution 5399, a resolution of intent to amend the City of Kalispell's Standards for Design and Construction, calling for a public hearing and directing the city clerk to provide notice therefore. The motion was seconded. Howington gave a staff report and Hansz answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Larson absent. F/3. ORDINANCE 1671— PARKING RESTRICTION — DOWNTOWN POST OFFICE — 1 ST READING The Kalispell Parking Commission has requested that three parking spaces on the southbound side of 1st Avenue West adjacent to the post office be restricted to 30 minutes. Saverud moved first reading of Ordinance 1671, an ordinance to amend Section 17-54, Kalispell City Code, restricting vehicular parking to thirty minutes in the southern three parking spaces on the southbound side of 1st Avenue West between Second Street West and Third Street West and directing the placement of appropriate signage therefore, and declaring an effective date. The motion was seconded. Nasset gave a staff report and answered questions. Olson commented he is in favor of this as it will force some "rock and rollers" to find other places to park. There was no further discussion. The motion carried unanimously upon roll call vote with Larson absent. Kalispell City Council Minutes October 19, 2009 Page 3 F/4. RESOLUTION 5400 — BUDGET AUTHORITY — NEIGHBORHOOD STABILIZATION PROGRAM GRANT This resolution provides budget authority for the city to manage a pass —through grant from the Montana Department of Commerce to implement a community land trust program with Community Action Partnership. Atkinson moved Resolution 5400, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the City Council for the purpose of acceptance of a grant to assist Community Action Partnership in order to purchase foreclosed homes within the City of Kalispell. The motion was seconded. Howington gave a staff report and Thompson answered questions. Atkinson commented this is a real opportunity for the city to provide affordable work force housing. Kluesner asked what the criteria is for properties to be purchased Thompson replied they are required to be bank -owned. There was no further discussion. The motion carried unanimously upon roll call vote with Larson absent. F/5. RESOLUTION 5401 - FINAL PLAT — KEN MADSEN This is a request for final plat approval for a three -lot subdivision located on the east side of 7th Avenue West, south of llth Street West. Kenyon moved Resolution 5401, a resolution approving the final plat for Madsen Seventh Avenue Subdivision, described as Assessor's Tract 8T6B located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Conrad gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Larson absent. F/6. RESOLUTION 5402 — CONSTRUCTION AGREEMENT — CORPORATE DRIVE & APPLEWAY DRIVE The Montana Department of Transportation is planning to realign Corporate Drive and Appleway Drive to provide a better access point and intersection with Highway 2 in connection with the Kalispell bypass project. Kalispell City Council Minutes October 19, 2009 Page 4 Gabriel moved Resolution 5402, a resolution authorizing the Mayor of Kalispell to execute the construction agreement of Federal Aid Project No. ARRA 15(92) with the State of Montana, acting by and through the Department of Transportation. The motion was seconded. Hansz gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Larson absent. G. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) Kluesner remarked he still has concerns with the signage in the bus stop shelters. He questioned the fairness and asked for a work session on the issue. Hafferman asked why the intersection of Woodland Avenue & 2nd Street East is under construction again. Howington explained the steepness of the hill is being corrected because there were a lot of accidents there last winter. Hafferman also requested that planning board agendas be emailed to council and asked for a work session regarding the policy that has Public Works requiring developers to exceed standards. H. ADJOURN The meeting was adjourned at 8:20 p.m. ATTEST: Theresa White City Clerk Approved November 2, 2009 Pamela B. Kennfdy Mayor Kalispell City Council Minutes October 19, 2009 Page 5