09/20/10 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, SEPTEMBER 20, 2010, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON,
TIM KLUESNER, DUANE LARSON, WAYNE SAVERUD, AND JEFF ZAUNER WERE
PRESENT.
Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Detective Lieutenant Jim Brendan, Municipal Court Judge Heidi Ulbricht, Planning Director
Tom Jentz, Building Official Jeff Clawson, Community Development Manager Katharine
Thompson, Revolving Loan Fund Manager Wade Elder, Parks Director Mike Baker, and Deputy
City Clerk Judi Funk.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
Larson moved to approve the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
Council Minutes — Regular Meeting — September 7, 2010
2. Family Day Proclamation — A Day to Eat Dinner with Your Family —
September 27, 2010
Gabriel moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
C. PUBLIC COMMENT
Corey Johnson, Architectural Review Committee Chairman, gave a brief presentation and awarded
Certificates of Recognition to various commercial projects, including Med-North for Best New
Commercial Project; Camas Creek Yarn for Best New Remodel/Addition; and Three Rivers Bank
for Best New Signage.
Karlene Kohr, Impact Fee Committee Chairman, detailed how the committee plans to meet council's
expectations and invited the public to attend their meetings.
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September 20, 2010
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Jane Richmond, 1136 Second Avenue East, asked that roosters and other farm animals be restricted
within the city limits.
Scott Davis, 448 Fifth Avenue West, complained that residents were given too short of a notice
concerning a public meeting on the Airport Master Plan Update, adding that residents need to know
what is going on.
D. PUBLIC HEARING — IMMANUEL LUTHERAN HOME
Council accepted comments regarding the issuance of revenue bonds for Immanuel Lutheran Home.
Mayor Fisher opened the public hearing.
Ben Johnson, Kennedy & Graven, bond counsel for the city, explained the financing for the project.
Jeff Evans, CEO of Immanuel Lutheran Communities, described the expansion plans and thanked
council for making it possible.
Mayor Fisher closed the public hearing.
Resolution 5458 approves the request from Immanuel Lutheran Home for the city to act as a conduit
for the issuance of revenue bonds not to exceed $14,000,000.
Ben Johnson gave a report and answered questions.
Public Comment
None.
Saverud moved Resolution 5458, a resolution authorizing the issuance and sale of Housing and
Healthcare Facilities Revenue Bonds (Immanuel Lutheran Corporation Project), Series 2010,
in the original aggregate principal amount not to exceed $14,000,000; and approving the form
of and authorizing the execution and delivery of certain documents relating to the revenue
bonds. The motion was seconded.
Council Discussion
None.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner,
Larson, Zauner, and Mayor Fisher voting in favor, and Saverud abstaining.
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E/2. ORDINANCE 1681 — AMENDING ORDINANCE 1587 — COLLECTION OF
IMPACT FEES — ELECTION FOR INSTALLMENT PAYMENTS — 2ND READING
This ordinance amends the impact fee regulations allowing a property owner to elect to pay impact
fees in installment payments.
Harball and Karlene Kohr answered questions.
Public Comment
Merna Terry, 1505 Whalebone Drive, stated she appreciates the fact that council is looking at ways
to get the local economy moving.
Atkinson moved second reading of Ordinance 1681, an ordinance amending the City of
Kalispell Impact Fee Ordinance No. 1587 codified at Chapter 8 of the Kalispell Municipal
Code, declaring an effective date, and authorizing the city attorney to codify the same. The
motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
Ordinance 1682 follows the State's adoption of the 2009 International Building, Fire, Mechanical,
Fuel Gas, and existing building codes along with the 2009 Uniform Plumbing Code.
Jentz gave a report and Clawson answered questions.
Public Comment
None.
Kenyon moved first reading of Ordinance 1682, an ordinance to amend Ordinance No.1601 and
Ordinance No. 1617 by adopting, by reference, the amendments to the Administrative Rules of
Montana [ARM] at 24.301.131, 24.301.138, 24.301.139, 24.301.142, 24.301.146, 24.301.171,
24.301.172, and 24.301.173, as they may pertain to those portions of the "International Building
Code (IBC)", 2009 Edition, the "International Fire Code (IFC)", 2009 Edition; the "International
Existing Building Code", 2009 Edition; the "International Mechanical Code", 2009 Edition; the
"International Fuel Gas Code", 2009 Edition; and the "Uniform Plumbing Code", 2009 Edition, as
previously adopted by the City of Kalispell in Ordinance No.1601 as the building codes of the City
of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made,
adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of
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Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and
establishing an effective date. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
E/4. ORDINANCE 1683 — AMENDING ANIMAL REGULATIONS -1ST READING
This ordinance amends the municipal codes that regulate animals in the city, particularly dangerous
dogs.
Harball gave a report and answered questions.
Ulbricht also answered questions.
There was discussion regarding suggested changes to various sections of the ordinance.
Public Comment
Pauline Sjordahl, 234 Third Avenue West, spoke about her problems with an ex -neighbor and his
dogs and asked council to look into fines for non-compliance for poop scooping.
Kenyon moved first reading of Ordinance 1683, an ordinance amending the City of Kalispell
Municipal Code regarding the regulation of animals within the city codified at Chapter 4,
amending all parts or portions of ordinances in conflict herewith, declaring an effective date,
and authorizing the city attorney to codify the same. The motion was seconded.
Council Discussion
Larson noted there are still too many unanswered questions concerning the regulations and he would
like to discuss the issue further in a work session.
Larson moved to table Ordinance 1683 until October 4. The motion was seconded.
The motion to table carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner,
Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Kenyon voting against.
E/5. CTEP PROJECT AGREEMENT MODIFICATIONS — WOODLAND CONNECTOR
PATH
The original agreement for the Woodland Connector Path was signed in 2007. Due to the increase in
project costs over the past three years, modifications to the agreement are necessary.
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Baker gave a report and answered questions.
Public Comment
None.
Atkinson moved council adopt the Woodland Connector Path project agreement
modifications. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
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Three bids were received for phase 3 of the Woodland Connector pedestrian/bicycle trail connecting
Woodland Park to Willow Glen Drive. Staff is recommending the bid be awarded to Paveco, LLC.
Baker gave a report and answered questions.
Public Comment
None.
Saverud moved council award the bid for the Woodland Connector Path Phase 3 to Paveco,
LLC in the amount of $220,372.25. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon vote with Atkinson absent.
E/7. RESOLUTION 5459 —GRANT ACCEPTANCE AND BUDGET APPROPRIATION —
POLICE DEPARTMENT
The Kalispell Police Department has been awarded a Justice Assistance Grant in the amount of
$19,828 to purchase two video recording systems for the patrol motorcycles and two pieces of fitness
training equipment specific to cardiovascular and core body health.
Brendan gave a report and answered questions.
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Public Comment
None.
Larson moved Resolution 5459, a resolution amending the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council for the
purpose of acceptance of a Bureau of Justice Assistance Grant for equipment purchases for the
Kalispell Police Department. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
E/8. CONSULTANT
APPROVAL ENERGY
RECOMMENDATIONS
Five firms submitted Statements of Qualifications for consulting services in connection with energy
efficiency retrofits to the Public Safety and Parks and Recreation Department buildings. Following a
review of the submittals, the selection committee is recommending Jackola Engineering be hired as
the consultant for the project which is being paid from a grant through the American Recovery and
Reinvestment Act's Energy Efficiency and Conservation Block Grant program.
Howington gave a report and Baker answered questions.
Public Comment
None.
Kenyon moved council approve the selection of Jackola Engineering as the consultant for the
EECCBG Energy Efficiency Retrofit project. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon vote.
F. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action)
Howington remarked that council recently received a list of the grants the city has received, but
added there will be several more grants coming forward in the future.
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Howington, in response to comments concerning the Airport Master Plan Update, noted that the
airport consultants are reviewing the planning process for the airport in order to help identify current
needs. She said despite comments from certain members of the public, there is no hidden agenda and
she is concerned with lies being circulated that accuse city staff of having some sort of conspiracy
theory.
Mayor Fisher asked for longer public notice regarding future airport meetings.
Kluesner commented he spoke with MDOT Director Jim Lynch who has offered to meet with
council concerning the latest status of the bypass.
Mayor Fisher suggested a work session be scheduled with Lynch and that the KDA and other
downtown groups be invited to attend.
Atkinson complimented staff on the number of grants the city has received.
Saverud said he thought the public has not had enough time to review the animal ordinance and
asked that a work session be scheduled as soon as possible.
Kluesner noted he has heard complaints about excessive noise from the Boiler Room on the east side
and asked staff to look into it.
The meeting was adjourned at 9:10 p.m.
Approved October 4, 2010
Theresa White
City Clerk
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