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05/05/08 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7: o0 P.M., MONDAY, MAY 59 2008, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS ,AIM ATKINSON, KA RI GABRIEL, RANDY KENYON, TIM KLUESNER, BOB HAFFERMAN, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT, Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Assistant to the City Manager Katharine Thompson, Chief of Police Roger Nasset, Finance Director Amy Robertson, Public Works Director Jim Hansz, Parks and Recreation Director Mike Baker, Planning Department Director Torn Jentz, and Recording Secretary Judi Funk. 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 — Regular Meeting...—. April 21 2008 2. Pled ed Securities as of March 31y 2005 3. ordinance 1635 — Zoningand PUD Amendment — Bloornstone Subdivision -- 2nd Readin Kalispell National Investment Company has requested an amendment to the existing Section 361Spring Prairie R-4IPUD zoning on approximately 85 acres to allow for the development of a residential subdivision called Bloornstone located immediately west of the Kids Sports complex on the north side of Four Mile Drive. ordinance 1635 passed unanimously on first reading with one amendment on April 21. 4. Ordinance 1636 —Zone Change —Joshua Hostetler — 2nd Reading Hostetler has requested a zone change for one lot located on the east side of North Meridian Road approximately 500 feet south of the intersection with Highway 2 West. Hostetler is asking for a zoning designation of City B-2 (General Business) on the property which is currently zoned City I-1 (Light Industrial). Ordinance 1636 passed unanimously on first reading on April 21. 5. Bid Award -- Storm Water Lift Station #„1 Replacement Five companies bid for this project which involves installing a new storm water lift station to replace an obsolete and undersized lift station. Staff recommended the bid be awarded to Goose Bay Equipment of Kalispell in the amount of $139,375.00. Kalispell City Council Minutes May S, 2008 Page 1 6. Bid Award -- Buffalo Hill Water Line Replacement Five companies submitted bids to install a new pipeline inside an existing abandoned waterline that connects two in -ground storage tanks. Staff recommended the bid be awarded to Goose Bay Equipment of Kalispell in the amount of $92,704.40. 7. Bid Award — 2005 Chi Seal Pro'ect Three bids were received for chip sealing from Helena Sand and Gravel, Knife River, and Pavement Maintenance Solutions. Staff recommended the bid be awarded to Pavement Maintenance Solutions of Columbia Falls in the amount of $154,644.14. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roil call vote, C. STUDENT ISSUES Chris Ruby, Isaiah Dasen, and Brandon Sund, referring to ordinance 1151, proposed that "longboards" be allowed on City sidewalks as an alternate means of transportation. They contrasted a longboard with a regular skateboard, stating that longboards are strictly used for transportation and not for freewheeling. Zack Teskett, 129 North Haven Drive; Brent Smith, 128 Winterview Drive; Josh Tweet, 711 5th Avenue West; and Wendy Gibson, 2042 South Meadows Drive, gave some statistics on recycling in the valley, stating we only recycle 5 % of what we throw away. They encouraged recycling awareness and asked for additional bin locations. Josh Skelaney, 3735 Highway 2 West, and Chase Brown, 597 2nd Avenue EN, commented that drivers don't stop when people are on crosswalks, adding they need repainting and better signs need to be erected. They also suggested using a flashing light system like Missoula does. Trevor Mayes, 66 Empire Loop, asked that the Woodland Park Pond be dredged or biologically treated. D. PUBLIC COMMENT Bob Morrow, 675 South Foys Lake Drive, owner of Valley Recycling, detailed some of their recent activities, including Clean Up Kalispell Day on April 26, and he thanked everyone for their participation. E. PUBLIC HEARING — 2007/2008 BUDGET AMENDMENT This is the time for the public to comment on several budgets that need to be amended to finalize the current budget. Kalispell City Council Minutes May 5, 2008 Pabe 2 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 5277 — 2007/2008 BUDGET AMENDMENT Resolution 5277 amends the annual appropriations of the City of Kalispell for the 2007-2008 Budget including $126,477 in the general fund. Atkinson moved Resolution 5277, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2007-2008 budget adopted by the City Council. The motion was seconded. Patrick and Robertson gave staff reports and answered questions. Hafferrnan stated the information furnished on these amendments was inadequate and it doesn't appear that there has been any effort to transfer money within the general fund. He said the expenditures could have been reduced and transfers done between various accounts, adding he will. vote against this until he receives an adequate written response. Kluesner agreed that we should be pulling money from different departments to make the budget work. Patrick explained we are anticipating approximately $200,000 at the end of the year that will roll forward. He said not all of the amendments are for money spent, some is for budget authority for grants and we want to ensure that we are accurately reporting our expenditures. Kluesner said he could vote for certain amendments because he understands unanticipated costs, but he cannot vote for the amendments as one package. Atkinson commented a budget is the "best guess" at the time and at the end of the year line item adjustments have to be made to adequately portray what actually happened during the fiscal year. There was discussion concerning the refinancing and total cost of the new City Hall. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against. Kalispell City Council Minutes May 5, 2008 Page 3 F12. RESOLUTION 5278 -- R.ESOI..,UTION OF INTENT AND CALL FOR PUBLIC HEARING — 2007/2008 STREET MAINTENANCE BUDGET AMENDMENT This budget amendment would allow a contract to be awarded for street overlays for the Northridge Drive overlay Project with monies collected from the pavement replacement program funding. A public hearing would be scheduled for May 19. Larson moved Resolution 5278, a resolution of intent calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2007-2008 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report and answered questions. Hafferrnan asked for further information to present to the public. The motion carried unanimously upon roll call vote. F/3. FINAL PLAT — GLACIER HIGH SCHOOL This is a request for final plat approval of the Glacier High School, a single -lot subdivision which created a school site for the high school on approximately 60 acres located at the southeast corner of the intersection of west Reserve Drive and Stillwater Road. Gabriel moved Council approve the final plat for Glacier High School. The motion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote. F14. RESOLUTION 5279 — GOVERNMENT ACCESS CHANNEL P(]LICY Resolution 5279 sets the policy for the Government Access Channel 9 for local government programming. Saverud moved Resolution 5279, a resolution establishing a policy for the "Kalispell Government Access" television channel. The motion was seconded. Thompson gave a staff report. Atkinson gave some background on why the franchise agreement was established with Bresnan. Patrick answered questions and Kluesner requested a written Business operating Plan. Kalispell City Council Minutes May 5, 2005 Page 4 There was further discussion. The motion carried unanimously upon roil call vote. Fj5. AUTHORITY TO ENTER INTO CONTRACT TO PURCHASE FIRE PLACE SHOP Council will consider authorizing the City Manager to sign a contract to purchase the Fire Place Shop located on Highway 93 South for the future expansion of the airport. The total purchase price would be $332,000 and would come from tax increment funds. Kenyon moved the Council authorize the City Manager to sign the contract to purchase the Fire Place Shop. The motion was seconded. Patrick gave a staff report and answered questions. Hafferman commented this property is not on the list of properties needed in accordance with the environmental assessment and therefore the FAA will not be contributing any money toward its purchase. He expressed concern with the dump site, stating these types of clean up sites can become "cash cows" for DEQ. Hafferman said he sees no benefit to the taxpayers because the purchase of this property does not eliminate blight or increase the tax base. Patrick responded that because the property would be an access to the airport, the FAA will contribute to its purchase. Kluesner remarked he is having a problem justifying this purchase because we already have access to the airport, even if it is only 20 feet wide. He said he is not in favor of speculative land purchases and that is what this is. Gabriel said the airport expansion plan has been ongoing for years and the Council has directed the City .Manager to move the plan forward. She said this is an important step to the expansion plan and the City would be prudent in purchasing this property. Larson said he feels the City should concentrate on getting the radio towers removed before we buy any additional property. Olson stated you have to look at this from a business standpoint and the key to the purchase of this property is that it gives us a south entrance to the airport and access to the landfill. He added even if nothing more happens to the airport, we would still own a good piece of property. Hafferman agreed with Larson that we need to take care of first things first and added that if we buy the property now it takes it off the tax rolls. Atkinson complimented the staff and former Councils on their tenacity to complete the airport expansion and when something like this comes our way we should take advantage of it. Kalispell City Council Minutes May 5, 2008 Page 5 The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Olson, Saverud, and Mayor Kennedy voting in favor, and. Hafferman, Kluesner, and Larson voting against. F/6. BOARD APPOINTMENTS —BOARD OF ADJUSTMENT Four letters of interest were received for three openings on the Board of Adjustment, two from current board members Clint Cathcart and Rob Heinecke along with Jessica Antonovich and Brian Tanko. Mayor Kennedy recommended the Council reappoint Clint Cathcart and Rob Heinecke and appoint Jessica Antonovich to the Board of Adjustment. Atkinson moved the Council accept the Mayor's recommendation and reappoint Clint Cathcart and Rob Heinecke, and appoint Jessica Antonovich to the Board of Adjustment. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. F17. BOARD APPOINTMENT -- ARCHITECTURAL REVIEW COMMITTEE Russell Skelton has requested appointment to the vacant seat on the .Architectural Review Committee. Mayor Kennedy recommended the Council appoint Russell Skelton to the Architectural Review Committee. Larson moved the Council accept the Mayor's recommendation and appoint Russell Skelton to the Architectural Review Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. F18. BOARD APPOINTMENT — CONRAD MANSION BOARD OF DIRECTORS Vanessa Ceravolo would like to serve on the Conrad Mansion board and Everit. Sliter is requesting reappointment. Mayor Kennedy recommended the Council reappoint Everit Sliter to the Conrad Mansion Board of Directors. Saverud moved the Council accept the Mayor's recommendation and reappoint Everit Sliter to the Conrad Mansion Board of Directors. The motion was seconded. Kalispell City Council Minutes May S, 2008 Page 6 There was no discussion. The motion carried unanimously upon. vote. F19. BOARD APPOINTMENTS — ECONOMIC DEVELOPMENT REVOLVING LOAN COMMITTEE Two seats are open on the Economic Development Revolving Loan Committee. Michael Burr and Susan Moyer would like to serve along with incumbent committee member Peggy Young. Mayor Kennedy recommended the Council appoint Michael Burr and Susan Moyer to the Economic Development Revolving Loan Committee. Larson moved the Council accept the Mayor's recommendation and appoint Michael Burr and Susan Moyer to the Economic Development Revolving Loan Committee. The motion was seconded. Saverud noted he would like to see Peggy Young reappointed, especially since Michael Burr is moving out of the City within a year. Mayor Kennedy explained this committee seat does not have a City residency requirement and Burr has banking experience which will be an asset. The motion carried upon vote with Atkinson, Gabriel, IIafferman, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy voting in favor, and Saverud voting against. Fllo. BOARD APPOINTMENTS — IMPACT FEE COMMITTEE Steven Allen and Merna Terry are both requesting reappointment to the Impact Fee Committee. Mayor Kennedy recommended the Council reappoint Steven Allen and Merna Terry to the Impact Fee Committee. Olson moved the Council accept the Mayor's recommendation and reappoint Steven Allen. and Merna Terry to the Impact Fee Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Fill. BOARD APPOINTMENTS — PARKING COMMISSION Two letters were received for reappointment to the Parking Commission from Janet Clark and Mark Pirrie. Kalispell City Council Minutes May 5, 2008 Page 7 Mayor Kennedy recommended the Council reappoint Janet Clark and Mark Pirrie to the Parking Commission. Olson moved the Council accept the Mayor's recommendation and reappoint ,Janet Clark and Mark Pirrie to the Parking Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. F112. BOARD APPOINTMENTS — PLANNING BOARD AND ZONING COMMISSION There are four openings on the Planning Board with letters of interest received from Richard Griffin and Troy Mendius, along with incumbents John Hinchey and Brian Schutt. Mayor Kennedy recommended the Council reappoint John Hinchey and Brian Schutt and appoint Richard Griffin and Troy Mendius to the Planning Board and Zoning Commission. Olson moved the Council accept the Mayor's recommendation and reappoint John Hinchey and Brian. Schutt and appoint Richard Griffin and Troy Mendius to the Planning Board and Zoning Commission. The motion was seconded. Gabriel announced she will be abstaining, as Richard Griffin is a family member. The motion carried unanimously upon vote with Gabriel abstaining. F/13. BOARD APPOINTMENT — POLICE COMMISSION James Ness is requesting reappointment to his seat on the Police Commission. Mayor Kennedy recommended the Council reappoint James Ness to the Police Commission. Olson moved the Council accept the Mayor's recommendation and reappoint James Ness to the Police Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action Mayor Kennedy reminded the public to attend the Prerelease Center public hearing being held on May S at 7:00 pm at the fairgrounds. Mayor Kennedy invited everyone to Taste of Kalispell on May 17 beginning at 5:00 pm on 1st Avenue west by the North Bay Grill. Kalispell City Council Minutes May 5, 2008 Pabe 8 Kluesner asked for updates on building permits and the Spring Creek Estates sewer problem. Olson suggested a map be published in the newspaper showing the locations of the recycling bins and he also encouraged the public to attend the Prerelease Center public hearing. Patrick invited Council to the Chamber luncheon on May 20 to talk with the candidates for County Commissioner. Patrick announced that Highway 93 North will be under construction from Tronstad Road to the Majestic Valley Arena for the next two years as the State expands the highway to four lanes and constructs a junior interchange. H. ADJOURN The meeting was adjourned at 9:15 p.m. ATTEST: Theresa white City Clerk Approved May 19, 2008 Kalispell City Council Minutes May 5, 2008 Page 9