01/03/06 City Council MinutesA REGULAR ME ING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
.M*, TUESDAY, JANUARY 3, 20069 IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALIS ELL M N' `ANA, MAYOR AMELA. B. KENNE Y PRESIDED, COUNCIL
MEMBERS JIM A KINS N, Bob HAFFERMAN, BOB HERRON, RANDY KENYON,
M KLESNEI� DUANE LARSON, AND HANK OLSON WERE PRESENT* COUNCIL
MEMBER KA I GABRIEL WAS ABSENT.
Also present: City Manager Janes Patrick, City Attorney Charles Harba 1, City Clerk Theresa White
Public Works Director Jim Hansz, Finance Director Amy Robertson, Police Chief Prank Gamer, Fire
Chief Randy Brod ehl , Parks and Recreation Director Mike Baker and Recording Secretary Judi
Funk. Kalispell Planning Departn ent Director Torn Jentz arrived late.
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.
`here was no discussion.
The notion carried unanimously upon vote with Gabriel absent.
B, OUTGOING COUNCIL PRESENTATION
Mayor Kennedy stated that outgoing Council member Jayson Peters was not able to attend the
meeting this evening, but he will be presented with a plaque. She thanked hire for his years of service
to the City.
C, OATHS OF OFFICE
City Clergy. White administered the oath of once to Mayor Kennedy, Council members Jim
Atkinson, Bob Harrerrnan Tim Kluesner and Hank Olson, and Municipal Court Judge Heidi
Ulbricht.
ELECTION COUNCIL PRESIDENT
Mayor Kennedy explained that the Council needs to elect a Council President and asked for
nominations.
Amason moved the Council elect Duane Larson as President. The motion was seconded.
There were no other nominations.
The motion carried unanimously upon vote with Gabriel absent.
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E, CONSENT AGENDA APPROVAL
.. Council Minutes — Reaular Meeting ecember 9 15
Kenyon moved approval of the Consent Agenda.. The motion was seconded.
There was no discussion;
The motion c ed unanimously upon vote with Gabriel absent.
STUDENT ISSUES
None.
G. PUBLIC COMMENT
John Hirchfeder, 420 Mountain view Drive, stated he is applying for a seat on the Evergreen water
and Sewer Board and would he happy to answer questions.
Jack Fallon, 629 Shadow Lane, President of the Evergreen water and Sewer Board, said he has given
a letter to the Council concerning Evergreen" s "far share" comments which were made by Hann at
the last meeting. He stated Kalispell residents are not getting cheated and Evergreen is paying its fair
share. Fallon noted he also provided Council members with a letter in opposition to C.M. lark's
appointment to the Evergreen water and Sewer Board. He said Clark threatened to sue the Board if it
continued looking into a valley wide treatment system. Fallon asserted that Clark is prejudiced when
it comes to Evergreen and he would not be appropriate "if you want to smooth relations with the
Board.""
C.M. Clark stated that he can bring a sense of stability to the problems with Evergreen and he can
handle the job with an open mind.
REPORT COMMENDATIONS AND SUBSEOUENT COUNCIL ACTION
FINAL PLAT - STILLWATER BLUFFS SUBDIVISION
This is a request for final plat approval of Stillwater Bluffs Subdivision which contains 32 lots on
approximately 12.5 acres located on the east side of Country way South between G anrud Lane and
Country Way .
Atkinson moved Council accept the suhdivision improvements agreement and approve the
final plat for Stillwater Bluffs Subdivision. The motion was seconded.
Patrick gave a staff report.
Herron asked about the sidewalks, stating he would hope that a majority of the Council would agree
that if these sidewalks were found to he substandard, they would need to he replaced.
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Atkinson thanked Herron for his question and said the word needs to get out that Council is serious
about sidewalks*
Herron commented the Council needs to know if the sidewalks meet City standards and asked that
core samples be taken before the plat is approved.
Hansz answered it is extremely difficult to obtain core samples in the winter. He said staff has
looked at the sidewalks and they are satisfied that they meet the standards, adding; that there is a letter
of certification from the engineer and the City Construction Manager in the Council packets.
Haffernan stated the developers of this subdivision have followed the proper procedures and he
doesn't see any problem approving the final plat.
Olson asked about a specific condition on the plat regarding the waiver of an SID and questioned if it
would hold up in court.
Jentz stated it was specific language they received from Council and staff was directed to put it on
the plat.
Harhall stated that he is comfortable with the language that was used.
The motion carried upon Droll call vote with Atkinson, Hal errnan., Kenyon, Larson, Olson and
Mayor Kennedy voting in favor, Herron and Kluesner voting against, and. Gabriel absent.
H 2. RESOLUTION 5085 -- MULTI -WAY STOP CONTROL — SHERRY LANE A
NOR HRIGE DRIVE
An engineering study is recommending a four-way stop to improve traffic control and sight distance
at the intersection of Sherry Lane at Northridge Drive,
Larson mo e.d Resolution 5085, a resolution approving the placement of stop signs on
Northridge Drive at its intersection with Sherry Lane and declaring an effective date. The
motion was seconded*
Garner gave a staff report and answered questions.
I..arson stated he had been contacted a couple of months ago about this intersection and he is glad the
stop signs are going in. He asked about adding a "No Through Truck Traffic"' sign there as well.
The motion carried unanimously upon roll call Grote with Gabriel absent.
H 3. BOARD ._ APPOINTMENT— EVERGREEN WATER AND SEWER BOARD
Connie Uistiko recently resigned her position on the Evergreen water and Sewer Board. C.M. Clark
and John Hirschfelder have requested appointment to her seat.
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Mayor Kennedy recommended the Council appoint C.M. Clark,
Kenyon moved that the Council appoint C.M. Clark to the Evergreen Water ►n.d Sewer Board.
The motion was seconded.
Olson stated that if there are concerns coming tom the Evergreen Board about Clark, perhaps the
Council should have a discussion with him. He suggested that the appointment be tabled.
Haffertnan stated after reading `al on's letter he is concerned with the potential for lawsuits and said
if he has to vote tonight, he will have to vote "no". He asked Patrick if the Evergreen representative
interacts with the Council and what tear function is.
Patrick said the Evergreen representative will represent the Clt 's interests and not his own and
should report back to the Council.
Larson commented he has known Clark for many years and he feels Clark has an accurate grasp o
what is going on and will make impartial decisions.
Kenyon agreed, adding it would be the height of absurdity to place a member on the board that has
no concrete interest in the City of Kalispell.
Olson moved to table the appointment until the January 17 meeting. The motion was
seconded.
The motion to table failed on a He vote with Hall rnan Herron, Kluesner, and Olson voting in
favor, Atkinson, Kenyon, Larson, and Mayor Kennedy voting against, and Gabriel absent,
Mayor Kennedy asked Clark to respond to F aon's letter}
Clark stated that he owns property next to the proposed treatment plant site. He said the comment he
made as a private citizen at the board meeting was if the plant fouled up the river, then he would sae
the board. He .said there is a bidden agenda on the Evergreen Board and the feasibility study for a
valley wide treatment system is a joke as indicated by the full page advertisement recently published
in the Daily Inter Lake, which he added, was not authoriLzed by the Board. Clark said the whole thing
does not make good business sense and Evergreen is trying to expand beyond their means*
Hafferman commented Clark has convinced him he has to vote against his appointment.
Atkinson agreed with Clark and stated Fallon has been less than up -front .t with the City in the past,
adding the City needs someone on the board who is not a "fires man" for Evergreen. Atkinson said we
have a vested interest in what the Evergreen Board does and we need someone to report back to us.
Larson agreed, noting that time after time Fallon has made blatantly false statements about the
capabilities of our wastewater treatment plant and he has to go with Clary.
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Olson commented said he's going to swing his vote to Clarl 's side since the comment about the
lawsuit was made by Clark., private citizen.
The motion carried red upon roll call vote with Atkinson, , Herron, Kenyon, Larson, Olson and
Mayor or Kennedy voting in favor, Hafferman. and Klues er voting against, and Gahriel absent.
FU. BOARD APPOINTMENT — SOLID WASTE BOARD
Hank Olson has requested the Council reappoint him for another terin to the Solid Waste District
Board or Directors.
Larson moved that the Council reappoint Hank Olson to the Bond Waste District Board o
Directors. The motion was seconded.
There was no discussion.
The notion carried unanimously upon Vote with Gabriel absent.
.MAYORLCOUNCILCITY MANAGER'S REPORTS jNo Action
Mayor Kennedy wished Carol .postman happiness in her retirement and thanked her for her 14 years
of service to the City.
Olson stated he was looking; over the claims and reminded staff to buy 'tems in town whenever
possible.
ADJOURN
The meeting was adjourned at :22 p.m.
ATTEST:
:
. �1' e
Theresa White
City Clerk
Approved January 17, 200
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