11/03/08 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P,M., MONDAY, NOVEMBER 3, 20059 IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA, MAYOR. PAMELA B, KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DART GABR.IEL, BOB HAFFERMAN, RANDY K.ENYON,
TIM KLUESNER, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE
PRESENT.
Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa
White, Chief of Police Roger Nasset, Adjutant City Attorney Rich Mickel, Assistant Fire Chief/
Prevention DC Haas, Public works Director Jim Hansz, Finance Director Amy Robertson,
Municipal Court Judge Heidi Ulbricht, Parks and Recreation Director Mike Baker, Economic and
Community Development Director Kellie Danielson, Planning Director Torn. Jentz, and Recording
Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Atkinson moved approval of the Agenda. The motion was seconded.
There was no further discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
1. Council Minutes --- Re lar Meeting — October 20ZOOS
2. Council Minutes -- Special Meeting...— October 27 2008
Saverud moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Erica Wirtala, Sands Surveying, said she is representing the Glacier Village Greens final plat
developers and she is available to answer questions.
Kalispell City Council Minutes
November 3, 2008
Page
Mark Askvig, 36 Muskrat Drive, stated that building fees and impact fees have increased and as a
builder he has to pass there on. He also questioned the $1.60 fee on every water bill for replacement
meters. Askvig asked how long the meters are supposed to last, what is their replacement cost, and
what would happen if you didn't want to pay the fee?
E. PUBLIC HEARING — MENTAL HEALTH CENTER REVENUE BONDS
Council is considering the issuance of bonds for the construction of a mental health center on
Buffalo Hill.
Mayor Kennedy opened the public hearing.
Proponents
Sheila Smith, director of Stillwater Therapeutic Services, requested Council's support for the
mental health bonds.
Opponents
None.
Mayor Kennedy closed the public hearing.
F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
F/l, ORDINANCE 1648 —AMENDING ORDINANCE 1240 —MUNICIPAL CRIMINAL
COURT FEES AND CHARGES --1ST READING
This ordinance increases the Court's criminal surcharge fee and the Security and Technology fee
from $5.00 to $10.00. It also permits the Court to assess a compliance fee up to $60.00 per month on
sentences requiring court monitoring.
Larson moved first reading of ordinance 1648, an ordinance amending ordinance No. 1240
and Kalispell Municipal Code 2-69-1 that establishes the Municipal Court fees and charges for
criminal matters and declaring an effective date. The motion was seconded.
Ulbricht gave a staff report and answered questions.
Webb noted this is a small adjustment, but will help the general fund.
There was no further discussion.
The motion carried unanimously upon roll call vote.
Kalispell City Council Minutes
November 3, 2008
Pave 2
F12. ORDINANCE 1649 -- AMENDING ORDINANCE 1525 -- MUNICIPA.L CIVIL
COURT FEES AND CHARGES --1ST READING
This ordinance increases the Court's civil Security and Technology fee from $5.00 to $10.00.
Gabriel moved first reading of Ordinance 1649, an ordinance amending Ordinance No.1525
and Kalispell City Code 2-69 that establishes the Municipal Court fees and charges for civil
matters and declaring an effective date. The motion was seconded.
Ulbricht gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote.
F13. RESOLUTION 5319 — OUTDOOR LIGHTING STANDARDS COMPLIANCE
This resolution extends the compliance deadline for non -conforming commercial lighting to January
1, 2010.
Larson moved Resolution 5319, a resolution granting a one year extension to January 1, 2010
for commercial nonconforming lighting to come into compliance with Ordinance No. 1563
codified as Kalispell City Code 27-22A-070. The motion was seconded.
Jentz gave a staff report and answered questions.
Olson remarked that extending the compliance time was the consensus during the work session held
on this issue.
Kenyon noted this is a good example of a controversial ordinance that allows the City to work with
citizens.
Hafferrnan commented he is in favor of this, but added that when writing a new ordinance that
changes the rules we should grandfather those people who have complied with the previous
regulations.
Olson disagreed, stating that many people are happy with the lighting changes and this is a move in
the right direction.
Gabriel stated she will vote in favor, but she doesn't want to see this issue brought up again next year
for an additional extension.
There was no further discussion.
The motion carried unanimously upon roll call vote.
Kalispell City Council Minutes
November 3, 2008
Page 3
F/4. FINAL PLAT -- GLACIER VILLAGE GREENS PHASE 22A
This is a request for final plat approval of glacier village Greens Phase 22A that plats 12 sublots on
approximately eight acres located at the northern end of East Nicklaus Avenue.
Kenyon moved Council approve the final plat for Glacier Village Greens Phase 22A. The
motion was seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon vote.
F15. RESOLUTION 5320 -- RESOLUTION OF INTENT AND CALF FOR PUBLIC
HEARING —GROWTH POLICY AMENDMENT — HIGHWAY 93 SOUTH/
SIDERIUS COMMONS
The Siderius Family Limited Partnership and the Planning Board are requesting an amendment to the
Kalispell Growth Policy Future Land Use map for 550 acres currently designated for commercial,
industrial, and suburban residential land uses. A public hearing on the amendment would be
scheduled for November 17.
Kenyon moved Resolution 5320, a resolution of intention to adopt, revise or reject an
amendment to the Kalispell Growth Policy 2020 to amend the designation of property located
within Sections 29 and 32, Township 28 North, Range 21 West, Flathead County, and to tail
for a public hearing. The motion was seconded.
Jentz gave a staff report and answered questions.
Olson questioned the sewer capacity and our previous commitments, adding we should not be in a
hurry to accept more capacity commitment.
Hansz and Webb assured the Council that the treatment plant is capable of handling any foreseeable
capacity needs.
Harball noted the public hearing date was mistakenly omitted from the resolution and asked for an
amendment adding it.
Atkinson moved a new section be added that reads, "The City Council will hold a public
hearing on the proposed growth policy amendment on November 17, 200S, at 7:00 p.m. in. the
City Hall Council Chambers located at 201 First Avenue East, Kalispell." The motion was
seconded.
The amendment carried unanimously upon vote.
Kalispell City Council Minutes
November 3, 2008
Page 4
There was no further discussion.
The main motion, as amended, carried unanimously upon roil call vote.
F16. RESOLUTION 5321- AUTHORIZE APPLICATION FOR BROWNFIELD GRANT
Resolution 5321 authorizes staff to submit an application to the Environmental Protection Agency
for a community -wide petroleum and hazardous substance assessment grant.
Saverud moved Resolution 5321, a resolution authorizing the City Manager to file an
application with the Environmental Protection Agency for a $400,000.00 Community -wide
Petroleum and Hazardous Substance Assessment Grant. The motion was seconded.
Danielson gave a staff report and answered questions.
Hafferrnan remarked that this is an annual EPA grant and questioned the hurry, stating the key
element is the railroad property and the railroad must be involved. He said he wants to see a linear
park in the area, but it needs to occur in an orderly fashion with many questions being answered first
such as what is the role of the City in the planning process, who pays for the relocation of businesses
along the tracks, who pays for the removal of the tracks, and who pays for the bridge? He
commented that rather than letting growth occur naturally it appears to hire that we are heading
toward a new TIF district.
Kenyon and Larson spore in support of the grant stating the city is proceeding in an orderly fashion
and this grant not directly tied to the railroad.
Mayor Kennedy agreed, stating this is an opportunity for the City to receive monies without a
matching requirement.
There was no further discussion.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson,
Olson, Saverud and Mayor Kennedy voting in favor, and Hafferman voting against.
F17. BOARD APPOINTMENT 911 INTERLOCAL AGREEMENT REVIEW
COMMITTEE
County Commissioner Joe Brenneman has recommended that Council member Duane Larson be
appointed to the 911 Interlocal Agreement Review Committee with Mayor Kennedy appointed as the
alternate.
Olson moved the Council appoint Duane Larson to the 911 Interlocal Agreement Review
Committee with Mayor Kennedy appointed as the alternate. The motion was seconded.
Larson explained the purpose of the committee.
Kalispell City Council Minutes
November 3, 2008
Page 5
There was no further discussion.
The motion carried unanimously upon vote.
G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
Hafferman stated he would like to see a work session in the near future to determine some
direction on the Transportation Impact Fees.
H, ADJOURN
The meeting was adjourned at 8:20 p.m.
ATTEST:
Theresa White
City Clerk
Approved November 17, 2008
Kalispell City Council Minutes
November 3, 2008
Page 6