12/21/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, DECEMBER 21, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER,
DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT.
COUNCIL MEMBER KARI GABRIEL WAS ABSENT.
Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Finance Director Amy Robertson, Parks
Director Mike Baker, Housing Manager Katharine Thompson, Revolving Loan Fund Manager Wade
Elder, Planning Department Director Tom Jentz, Airport Manager Fred L.eistiko, and Deputy City
Clerk Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Gabriel absent.
B. CONSENT AGENDA APPROVAL
Council Minutes — Regular Meeting December 7, 2009
2. Ordinance 1672 — Zone Change — Dick Mitsch — 2nd Reading
This is a request for a zone change from P-1 to B-2 for two adjacent tracts of land on the
west side of US Highway 93 South, just south of the Kelly Road intersection. Ordinance
1672 passed unanimously on first reading December 7.
3. Bid Award — US Highway 93 Utility Relocation Project
Five companies bid on this work to relocate water and sewer utilities that are in conflict with
Phase 1 of the bypass construction. Staff requested the contract be awarded to LHC of
Kalispell.
4. Payment in Lieu of Taxes Agreement — Accessible Space Inc. (Moved to main Agenda as
Item E/6)
5. Life Saving Awards — Fire Department
Chief Dan Diehl presented life saving awards in connection with a motor vehicle accident on
December 3.
Saverud moved approval of the Consent Agenda. The motion was seconded.
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Kluesner moved that item #4: Payment in Lieu of Taxes Agreement — Accessible Space, Inc., be
moved to the regular Agenda as Item E/6. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Gabriel absent.
The main motion, as amended, carried unanimously upon roll call vote with Gabriel absent.
C. STUDENT ISSUES
James Owens, 120 Quincy Loop, introduced himself.
D. PUBLIC COMMENT
Comments concerningthe city airport and Agenda Item E/3 - City Airport Consulting irm_
Arthur Mitton, 809 4th Avenue West, stated he thinks the airport should stay where it is and he is not
concerned with its safety, but he is concerned with the safety of the 30-foot drop along the Whitefish
Stage Road where a guardrail needs to be installed.
Gerianne Robbins, PO Box 2225, asked the council to take into account the citizens' feelings against
the airport and she wanted to know who is responsible for trip hazards on sidewalks.
Debbie Owens, 120 Quincy Loop, remarked that the airport was there first and asked the council to
keep it there. She also stated more police patrols are needed before and after school.
Jeff Walla, 32 Bruyer Way Loop, Stelling Engineers, stated he is available to answer any questions
concerning the airport consulting contract.
Diane Masciullo, 436 10th Avenue West, expressed concern that the airport consulting contract is
being discussed again which does away with all the good feelings from the scoping session. She also
said more stop signs are needed at uncontrolled intersections.
Peter Gross, 1835 Airport Road, encouraged the council to hire a consultant for the airport.
Scott Davis, 448 5th Avenue West, said expansion of the airport at its current location is not a
popular subject and he has found a perfect piece of property to move the airport to. He asked for the
results of a survey that was done in 2006 and copies of reported violations that have occurred at the
airport.
Steve Eckels, 619 2nd Avenue West, stated that contrary to a recent article in the Daily Inter Lake,
the FAA does not enforce regulations here and this airport is uncontrolled. He noted the airport is
owned by the citizens and the council should make decisions based on the greatest good for the
greatest number of people.
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Scott Richardson, 15071st Avenue West, voiced his support for hiring the airport consulting firm.
Todd Snarr, 493 2nd Avenue East North, asked that the airport issue be put before the voters.
Kurt Hafferman, 1325 2nd Street West, commented the city should try to find a way to make
Requests for Proposals less cumbersome to encourage responses from local firms. He added,
however, that Stelling would be a good choice for the airport contract.
Comments Concerning Agenda Item E/4 - PB&J Relocation and Transportation Impact Fees
Charles Lapp, 3230 Columbia Falls Stage Road, said for the transportation impact fees to work they
need to be equitable for everybody.
Pauline Sjordal, 234 3rd Avenue West, spoke in favor of reducing the PB&J impact fees and
commended the research that Davis and Eckels have done on the airport issue.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/1. RESOLUTION 5411— OUTDOOR LIGHTING COMPLIANCE EXTENSION
This resolution provides a six-month extension for businesses to comply with the outdoor lighting
standards adopted in 2005.
Kenyon moved Resolution 5411, a resolution setting forth the policy of the Kalispell City
Council regarding the enforcement of the Kalispell Outdoor Lighting Ordinance No.1563. The
motion was seconded.
Howington gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon roll call vote with Gabriel absent.
E/2. RESOLUTION 5412 — MDT PROPERTY PURCHASE
The Montana Department of Transportation needs to purchase .1 acre of property adjacent to Three
Mile Drive for a construction easement in connection with the bypass project.
Kenyon moved Resolution 5412, a resolution accepting and approving the offer by the
Montana Department of Transportation to purchase, for project MT-NH-NCPD(15) 76,
approximately .10 acres of real property owned by the City of Kalispell and described as a
tract of land situated in Empire Estates Subdivision known as a landscape buffer in phases 3
and 4 for the sum of Two Thousand and Fifty dollars and authorizing the City Manager to
execute all necessary conveyance documents. The motion was seconded.
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Howington gave a staff report and Harball answered questions.
There was no discussion.
The motion carried unanimously upon roll call vote with Gabriel absent.
E/3. CITY AIRPORT REQUEST FOR QUALIFICATIONS — CONSULTING FIRM
Two firms answered the city's request for qualifications for an aviation consultant; Robert Peccia &
Associates and Stelling Engineers. The city council tabled the issue to this meeting on November 16.
Kenyon moved to remove the City Airport Request for Qualifications from the table. The
motion was seconded.
The motion carried unanimously upon vote with Gabriel absent.
Kenyon moved to approve the selection of Stelling Engineers as the consulting firm for the City
Airport Redevelopment Project. The motion was seconded.
Howington gave a staff report.
Kluesner moved to table the issue indefinitely. There was no second.
Atkinson noted the contract would be useful since Stelling could answer many of the questions from
the scoping session. He encouraged the council to vote in favor of the motion.
Hafferman said he would have no problem with hiring Stelling when it is time, but it is not the right
time yet. He said the council needs to provide guidance on what the contract should encompass and
that needs to be done before any documents are signed.
Hafferman moved to table the contract until such time as the council has held its second
airport meeting in January and has had a chance to discuss what is wanted in the contract
documents. The motion was seconded.
The motion to table failed on a tied roll call vote with Hafferman, Kluesner, Larson, and
Saverud voting in favor, Atkinson, Kenyon, Olson, and Mayor Kennedy voting against, and
Gabriel absent.
Olson and Mayor Kennedy agreed with Atkinson that the engineers could help answer the publics'
questions.
Kluesner disagreed. He said going forward with this contract right now would inflame the situation.
Larson and Saverud remarked that the staff should be able to answer most of the questions. They
agreed with Hafferman that the council needs to give staff direction before signing the contract.
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Larson moved to table the contract to February 1, 2010. The motion was seconded.
The motion to table carried upon roll call vote with Hafferman, Kluesner, Larson, Saverud,
and Mayor Kennedy voting in favor, Atkinson and Kenyon voting against, and Gabriel absent.
E/4. PB&J RELOCATION — TRANSPORTATION IMPACT FEES
The owners of PB&J have asked the council to reconsider the transportation impact fees that would
be assessed for relocating their business a block north of the current location of the bookstore and
restaurant.
Kenyon moved the council approve the staff findings of no transportation impact fees and a
sanitary sewer impact fee of $199.92 for PB&J. The motion was seconded.
Howington gave a staff report and answered questions.
Hafferman noted this exercise shows that we need to revisit the impact fees, adding that all we seem
to be doing is harassing citizens.
Saverud thanked the city manager and staff for being willing to develop a system that validates the
business owner's position.
Mayor Kennedy agreed with Saverud and said she doesn't feel the staff is harassing citizens.
The motion carried upon vote with Atkinson, Kenyon, Kluesner, Larson, Olson, Saverud, and
Mayor Kennedy voting in favor, Hafferman voting against, and Gabriel absent.
E/5. FINAL PLAT — ASHLEY HEIGHTS
This is a request for final plat approval of the Ashley Heights Subdivision which consists of 26
single-family lots on approximately 8.4 acres located at the western end of Bismarck Street.
Kenyon moved council approve the final plat for Ashley Heights Subdivision and accept the
subdivision improvement agreement. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon vote with Gabriel absent.
E/6. PAYMENT IN LIEU OF TAXES AGREEMENT — ACCESSIBLE SPACE INC
(Moved from Consent Agenda)
ASI is a non-profit entity providing apartment housing for low income seniors. As part of its
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conditional use permit, ASI is required to enter into a payment in lieu of taxes agreement with the
city.
Atkinson moved the council approve an initial payment in lieu of taxes of $4,700 and finalize
the agreement between the city and ASI. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon vote with Gabriel absent.
F. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action)
Atkinson and Olson remarked that transportation impact fees are important because growth should
pay for growth.
Hafferman disagreed, stating there is another option and he does not think the fees are being
administered correctly.
Mayor Kennedy thanked Council President Duane Larson and the rest of council, the staff, and the
citizens for the honor of serving as Mayor for eight years, noting that Kalispell is a wonderful
community.
G. ADJOURN
The meeting was adjourned at 9:30 p.m.
ATTEST:
E
Theresa White
City Clerk
Tammi isher
Mayor
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