04/17/06 City Council MinutesA. REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
.M., MON AY, APRIL 17, 2 o � IN THE COUNCIL CABERS AT CITY HALL IN
KALISPELL,, MONTANA.. MAYOR PAMELA B. KENNE V PRESIDED, COUNCIL
MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAF ESN, BOB HERRON,
RANDY KENYON, TIM KLI SNEK DUANE LARSON, AND RANK o S N WERE
PRESENT.
Also present.- t. City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa Wbite,
Public Works s reet r Jim Hans ", Public Works Assistant Engineer Frank Castles, police Chief
Frank Gamer'. Fire Chief Randy Brodeb.l, Parks and Recreation Director Mike Baker, PlanDing
Director Tom Jentz, and Airport Manager Fred Leisti o.
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 — Revular Meet1 —.April 3 200
2. Award Bid — 2006 Chip Seal Pro'eet
Two bids were received for the City'City's 2006Chip Seal Project, JTL Group bid $208,274.00
and Pavement Maintenance Solutions bid $1 5,83 .5 . Staff is recommending the bid be
awarded to Pavement Maintenance Solutions.
. ordinance 1.572 — ZoninQ Text Amendment— Sign Re la io .s — 2nd Reading
This is a request from Red Lion Hotels and GVD Commercial Properties to amend the
definition of wall signs that are placed on larger buildings. ordinance 1.572 passed on first
reading .April 3.
. Proclamation - Arbor
Kluesner moved approval of the Consent Agenda. The motion was seconded..
Kluesner moved remove item B/2 and place it on the main agenda asitem . The motion
was seconded. _
There was no disc ssjon.
The motion carried i o s y upon vote#
Kalispell City Council Minn s
April 17, 2006
a.gg
Bette Albright, Street Tree Commission Chairman, thanked the Council for proclaiming April 28 as
Arbor Day. Albright noted the Arbor Day celebration will take place on the Russell School
playground where third graders will plant two commemorative trees.
Mark Lennon, DNRC Community Forester, in co unction with the arbor Day proclamation',
presented the City with the 2006 Tree City USA flag. Lennon remarked the City is receiving the Tree
City USA. award for the 1.9th year i a row and the GrowthAward for the th year.
The main motion as amended carried unanimously upon vote.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Randy Hin ma , 80 Glacier Circle, spoke in support of Resolution 51.13 authorizing the Community
Development Department to apply for a CDBG-ED grant.
Susan Storfa, 1373 Whitefish Stage, said she opposed the Granary Ridge development that was
approved last spring because of concerns with the density and the bluff. She said construction is
underway, with three douses being framed and the addition of yards and yards of gravel. Storfa said
Saturday night a major slough occurred on the bluff next to her house with yards of dirt and three
pine trees sliding down the bill. She asked who is responsible if her house or shop }`goes down the
hill'*.
Rachel Martin, 1,05 Santa Fe Street, asked for are update on the flooding problem on her sheet. She
said the water has subsided somewhat, but residents continue t have water in their houses, and .she
wants to know how the Council is going to fix the problem and when it v111 be fixed.
Mayor Kennedy responded the Council will be discussing storm eater problems during the work
session immediately following this meeting,
E. REPORTLIjECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E .. ORDINANCE 1 — AIRPORT OR AFFECTED AREA — 2ND RE, DING,
Ordinance 1.573 adopts a set of regulations to protect the air space within 1.0,000 feet around the City
airport by regulating the height of structures and natural objects. Ordinance 1.573 passed on first
reading April 3.
Larson moved second reading of Ordinance ce 1573, an ordinance ce establishing regulations in the
Kalispell City Airport Aected Area to provide airspace protection and land use compatibility
with airport operations at the Kalispell City ,Airport and declaring are effective date, The
motion was secon e O
Kalispell City Council Minutes
April 7, 2006
Page
Hafferman stated the Daily Inter Lake reported twice that he is opposed to condemnation outside the
City boundaries. He corrected that he is opposed to condemnation anywhere, regardless of
governmental boundaries, if it is not essential for public needs. Hafferman said condemnation of
properties related to the City Airport is not essential for the general public, or the residents of
Kalispell. He said the condemnation portion of the ordinance appears to be directed at the KGEZ
towers', even though the airport .has functioned many, many years with those towers in place, adding
the towers only became a problem when the "grandiose"' plan for the airport was developed and the
'AA became involved. Hafferman said this issue should have been settled first, before "charging
ahead and using taxpayer backing to fund credit card purchases"
Atkinson commented this ordinance s not .intended to condemn property. He said State lave allows
condemnation and this ordinance simply follows that law, adding the Council is not interested in
condemning property.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kles er,
Larson, Olson and Mayor Kennedy voting is favor, and Hafferman voting against.
Resolt .on 5113 authorizes the submission of a Community Development Bloch Grant -Economic
Development Application.
Kenyon moved Resolution 5113, a resolution authorizing an application to the Montana
Department of Commerce for a Community Development Block Grant on behalf of Distinctive
Countertops. The motion was seconded,
Patrick gave a staff report and answered questions.
Olson commented it's important to note that the principal and interest wit I remain with the City for
future loans.
The motion carried unanimously upon roil call vote.
E/3, STREET LAMPS
Flathead Electric Coop has provided some alternatives for shading the newly installed street lamps.
Staff was directed to contact FEC at the April 3rd meeting following a complaint.
Kenyon moved to open discussion on street lamps. The motion was seconded.
The notion carried unanimously upon vote.
Hansz gave a staff report and answered questions.
Gabriel moved the City resume street light installations and allow FEC to serve their
customers by inspecting and adjusting lights as and when customers living near the lights
indicate to FEC there is a suspected problem. The motion was se,
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April 17, 26
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a ferman, referring to the City, s lighting standards # 13 and 414, stated the City#s street lights don#t
comply with the lighting ordinance. .3: Light fixtures or lamps shall be shielded or shaded in such
a manner so that the light emitting surface is not visible and to direct incident rays away from all
adjacent property. : Any light fixture must be placed in such a manner so that no light emitting
surface is visible from any residential area or public/private roadway, walkway, trail or other public
way when viewed at ground level.)
Herron said the Council argued for hours over these standards and we cannot even comply,
Hansz noted the engineering standards govern street lights, not the lighting standards, which direct
commercial and residential lighting on private property. He said the street lights do comply with the
City's standards for strut lighting.
Herron emphasized the bottom line is that the standards for street lightsdon't comply with what we
require "our citizens, our residents, and our taxpayers to comply with. it's -ridiculous."' Ile said we
can't have it both ways and that is why the City continues to get in trouble with all sorts of standards
that we can't enforce.
Kl esner said he agrees that FEC should be allowed to ;o forward, but he also agrees with Herron
that the City has double standards.
Kenyon remarked it's not a double standard, street lights are specifically for public safety.
Herron respoinded that commercial business and private property owners have most of their lighting
for safety reasons.
Hafferman said he thinks FEC needs to go ahead with the project, but added the standards specifically
require that: ".ill residential and commercial lighting whether on public or private property installed
iln the City limits of Kalispell shall comply with the re it ments and specifications established with
these regulations". He said he doesn't see how �;it can be any clearer"'.
Gabriel commented it's important to note that Hafferman is reading from the lighting standards,
which are specifically for residential and commercial lighting. This is fatheadElectric" s lighting
and is not for residential or commercial use.
.arson said he has only received two complaints about the lighting, one that it was too bright and one
that the lighting wasn't bright enough. He said the profect needs to move forward.
The motion carried unanimously upon vote.
E/4. AWARD BID — 2006 CHIP SEAL PROTECT (Moved from Consent Agenda)
Two bids were received for the Cit 's 2006 Chip Seal Project. JTL Group bid $208,274.00 and
Pavement Maintenance Solutions hid $145,837.50. Staff is recommending the bid he awarded to
Pavement Maintenance Solutions.
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April 17, 2006
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Kenyon moved Council award the bid for the 2006 Chip Seal Project to Pavement
Maintenance Solutions of Kalispell in the amount o $145,837.50. h motion was seconded.
Hansz answered questions.
Herron suggested placing the chip seal project schedule on the web site.
The motion carried unanimously upon vote.
. # MAYo COUNC CITY MANAGER'S REPORTS No Ae o
Gabriel .mentioned that she and Hafferman received a letter from Robert LeDuc expressing concern
about the traffic on Northern Lights Boulevard. She said she understands his frustration and will
.provide a copy of the letter to otter Council members.
Mayor Kennedy said all of the Council members received the same letter and she was going to
suggest placing the issue o a future work session.
afferrnan said he has received some phone calls asking how ambulance response is being Dandled
with the opening of the new fire station. He asked Patrick to respond.
Patrick stated all of the ambulances at this time are located at the north station due to staffing
shortages and dispatch problems.
Haffeirman said he heard that a fire truck would be responding to medical calls south of town and
asked whether a fire truck or a glance would be responding to those calls.
rodebl answered most likely both, however, a fire engine staffed with paramedics would be first on
the scene to begin treatment. He said the Fire engine is staffed with exactly the sane medical
equipment as an ambulance, the only difference being; that the patient cannot be transported on the
fire engine. Brodehl added, however, that a fourth ambulance that will be housed at this station has
been purchased and should be arriving shortly.
'Larson said he has also received calls about medical response and asked if the ambulance that's
arriving will be used to respond to calls or be used only as a back-up.
Brode l responded both. He said if the aced arises that the ambulance is the appropriate piece of
equipment to respond with out of this station', we will.
.arson said residents approved the bond .measure to shorten the response time north of town, but not
at the expense of residents who live south of town. e said he's quite concerned that we aren't using
an ambulance out of this statioll.
Brodehl assured the Council that they are not playing with people's lives and when that ambulance is
needed, it will be used. He agreed that EMS sport is important from both stations, but to provide
equal service from both stations an additional five personnel are needed.
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April '17, 2006
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Mayor Kennedy said obviously the Council, and the citizens, are concerned about ambulance
response. She asked that Brodehl review the situation and provide the Council with a report at a
work session.
G. ADJOURN
The meeting was adjourned a :22 p.m.
ATTEST:
Theresa White
City Clerk
Approved May 1., 2006
Pamela B. Kennekly
Mayor
Kalispell City Council Minutes
April 17, 200
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