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03/07/11 City Council MinutesMir jV lit JIM ATKINSON, KARI GABRIEL, BOBRANDY 1 DUANI • 1 1 l 1 MEMBER Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Planning Director Tom Jentz, Community Development Manager Katharine Thompson, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. Saverud moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kluesner absent. Council Minutes — Regular Meeting — February 22, 2011 2. Confirmation — Police Officer David Massie completed his one-year probationary period with the Kalispell Police Department and council confirmation was requested. Gabriel moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kluesner absent. Erica Wirtala read a proclamation noting the week of March 6-12 as Girl Scout Week and introduced Girl Scouts Delaney Wirtala and Olivia Kalvig. Chris Hall, 115 West Evergreen Drive, made several comments including that roads are in the worst shape he has seen, tenants destroying property should be a criminal act, and Ashley Park's water issues are a nightmare. Kalispell City Council Minutes March 7, 2011 Page 1 1ORDINANCE ,' PARKING COMMISSIONAND PRIVATE PARKING LOTI 1 READING This Ordinance provides the necessary legislation to regulate and enforce parking rules within the parking lots of the city that are supervised by the Kalispell Parking Commission. Ordinance 1692 passed unanimously on first reading February 22 with Atkinson absent. Harball gave a report. Public Comment None. Kenyon moved second reading of Ordinance 1692, an ordinance to amend Section 17-54, Kalispell City Code, by adding subsection 17-54-1 specifically regulating parking lots within the city that provide public parking and providing the authority to the Kalispell Parking Commission to supervise and regulate such parking lots, and declaring an effective date. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Kluesner absent. t RESOLUTION iI' 'iWTH POLICY AMIENDMIENT ANNEXATIONPOLICY RESOLUTION ,;, GROWTH i AMENDMENT ANNEXATIONPOLICY This proposed amendment would add an Annexation Policy to the Kalispell Growth Policy 2020. A public hearing on the proposed policy was held before the city council on February 22. Jentz gave a report and answered questions. Public Comment Erica Wirtala, Sands Surveying, 2 Village Loop, strongly urged council to adopt the annexation policy, including annexation districts. Kenyon moved Resolution 5484A, a resolution adopting an amendment to the Kalispell Growth Policy 2020, to be known as the Annexation Policy Amendment. The motion was seconded. Kalispell City Council Minutes March 7, 2011 Page 2 Council Discussion Hafferman noted he will vote in favor of the resolution, but will offer three amendments. Hafferman moved to delete B3, The Creation of an Annexation District: (Property Owner's Petition), in its entirety. The motion was seconded. Staff answered questions. The motion failed upon roll call vote with Hafferman voting in favor, Atkinson, Gabriel, Kenyon, Larson, Saverud, Zauner, and Mayor Fisher voting against, and Kluesner absent. Hafferman moved to add the following language to B2.d: "iv. At such time as the property owner requests connection to the municipal water or sewer utility, all applicable connection fees, including impact fees, shall be paid in full to the City of Kalispell. Upon such payment, and within a reasonable time, the necessary taps shall be made only by authorized personnel of the City or utility into which the tap is to be made." The motion was seconded. The motion carried unanimously upon roll call vote with Kluesner absent. Hafferman moved to amend 4c. as follows: "...sewer mains. *''^* e. oul be available to the property ^.,.ners. The city will provide a timeline when such services will be provided by the city". The motion was seconded. There was discussion about annexation history and services. The motion failed upon roll call vote with Hafferman and Larson voting in favor, Atkinson, Gabriel, Kenyon, Saverud, Zauner, and Mayor Fisher voting against, and Kluesner absent. Hafferman moved to amend 4c. as follows: "...sewer mains, financing options that would be available ". The motion was seconded. The motion carried upon roll call vote with Gabriel, Hafferman, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, Atkinson and Kenyon voting against, and Kluesner absent. There was no further discussion. The main motion, as amended twice, carried unanimously upon roil call vote with Kluesner absent. This amendment adds the Section 36 water main extension project to the water facility CIP adopted by council in 2009. Kalispell City Council Minutes March 7, 2011 Page 3 Harball gave a report and answered questions. Public Comment None. Saverud moved Resolution 5485, a resolution to amend the City of Kalispell Water Facility Capital Improvement Plan to include the city water main conveyance system extending through Section 36 from the old DNRC Campus to the West View Estates Subdivision. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Kluesner absent. D/4. RESOLUTION 5486 — AMEND LATECOMERS AGREEMENT — WEST VIEW ESTATES Resolution 5486 authorizes the city manager to extend the Owl Corporation Latecomers Agreement from 17 to 30 years to allow for adequate time for development to pay the costs of installing the water and sewer lines to the West View Estates Subdivision. Harball gave a report. Public Comment None. Gabriel moved Resolution 5486, a resolution authorizing the City Manager of the City of Kalispell to enter into an amendment of the Developer Agreement executed with Owl Corporation on August 10, 2005 to extend the term of the agreement to thirty (30) years. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Kluesner absent. 1/5. ORDINANCE 1693AMEND ORDINANCE 66 ADMINISTRATIVE O,1 READINGIST This ordinance eliminates the requirement that the Kalispell Public Works Director possess a professional engineer (PE) license. Kalispell City Council Minutes March 7, 2011 Page 4 Howington gave a report and answered questions. Public Comment None. Atkinson moved first reading of Ordinance 1693, an ordinance amending Ordinance No.1166, codified as Kalispell Municipal Code 2-45 Public Works Director, to waive the requirement that the director possess a Professional Engineer license, and declaring an effective date. The motion was seconded. Council Discussion Hafferman noted he is in favor of the motion. The motion carried unanimously upon roll call vote with Kluesner absent. Howington gave a report on the firefighter arbitration and detailed the March work session schedule. Mayor Fisher noted she participated in the KRMC ribbon cutting last week and will attend the Lutheran Home ribbon cutting this week. Larson commented that we need to put some force into our No Parking ordinance. He requested a work session on the matter. f The meeting was adjourned at 8:24 p.m. Theresa White City Clerk Approved March 21, 2011 Kalispell City Council Minutes March 7, 2011 Page 5