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06/06/11 City Council MinutesOWN DRIIJ lumaUD) ON $ 1jV_11 WA11 BOB HAFFERMAN, RANDY 1 SAVERUD AND JEFF ZAUNER WERE PRESENT.;• ABSENT.WAS Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Fire Chief Dan Diehl, Parks Director Mike Baker, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. Larson moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. 1 ..Uo Council Minutes — Regular Meeting- May 16, 2011 2. Police Officer Confirmation Chad Fetveit has successfully completed his one-year probationary period with the Kalispell Police Department and council confirmation was requested. Firefighter Confirmation Alexander Zachary has successfully completed his probationary period with the Kalispell Fire Department and council confirmation was requested. Kenyon moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. None. 11 11111,11 11111111, 17111111,11 D/1. RESOLUTION 5496 — PRELIMINARY PLAT EXTENSION — STARLING PHASE 1 This is a request for a one-year extension of the preliminary plat of Starling Phase 1 located in the northeast corner of Section 35 at the intersection of Stillwater Road and West Reserve Drive. Kalispell City Council Minutes June 6, 2011 Page 1 Howington gave a report and answered questions. Public Comment None. Kenyon moved Resolution 5496, a resolution approving a one-year extension to the preliminary plat of Starling Subdivision Phase 1, more particularly described as Lots 1-236 in the northeast corner of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Gabriel absent. W/2. RESOLUTION 5497 — NOTICE OF INTENT TO SELL PARKLAND — EMPIRE ESTATES PHASE 4 This is a request to sell a 3,892 square foot parcel in Phase 4 of Empire Estates that was dedicated to the city as parkland. Staff has determined the parcel is too small to efficiently develop as a park. Baker gave a report and answered questions. Public Comment None. Larson moved Resolution 5497, a resolution of intent to advertise and sell a certain parcel of surplus city park property described as Park in Block 3 of Empire Estates Phase 4, Flathead County, Montana. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Gabriel absent. I This is a request to amend the Police Capital Improvement Plan to use impact fees to purchase a Digital AudioNideo System. Harball gave a report and answered questions. Howington answered questions. Kalispell City Council Minutes June 6, 2011 Page 2 Public Comment None. Kenyon moved Resolution 5498, a resolution to amend Resolution No. 5441 as it relates to the Capital Improvement Plan for the police impact fee schedule. The motion was seconded. Council Discussion Hafferman cited the MCA restrictions on using impact fees, stating this is obviously correcting a deficiency and is not allowed by state law. He commented that this is a Maintenance and Operations (M&O) cost and is not impact fee related; he recognized the equipment is necessary, but stated the purchase is not allowed by impact fee law. Mayor Fisher noted council could decide to amend the CIP as a matter of policy, but it is a stretch to take this out of impact fees because she also believes it is an M&O expense. She emphasized that we need to find it in the budget and not use impact fees. The motion failed upon roll call vote with Kenyon voting in favor, Atkinson, Hafferman, Kluesner, Larson, Saverud, Zauner and Mayor Fisher voting against, and Gabriel absent. Diehl announced his resignation effective July 16 and stated he appreciated council's support for the fire department during contract negotiations. Howington remarked that Diehl has done an admirable job building relationships with the other fire departments and stated it has been a privilege to serve with him. Mayor Fisher offered condolences to Judy Wise's family. The meeting was adjourned at 7:40 p.m. Theresa White City Clerk Approved June 20, 2011 Kalispell City Council Minutes June 6, 2011 Page 3