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1. Council Minutes - Regular Meeting - December 7, 2009A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, DECEMBER 7, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT DUANE LARSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. MAYOR PAMELA B. KENNEDY AND COUNCIL MEMBER KARI GABRIEL WERE ABSENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Municipal Court Judge Heidi Ulbricht, Finance Director Amy Robertson, Deputy Public Works Director Frank Castles, Assistant City Engineer Paul Burnham, Human Resources Director Terry Mitton, Housing Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, Planning Department Director Tom Jentz, and Deputy City Clerk Judi Funk. President Larson called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Saverud moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting November 16, 2009 2. Postpone 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 project. A comprehensive review of the bids is being conducted and staff recommended the bid award be postponed to the December 21 meeting. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent. C. STUDENT ISSUES None. Kalispell City Council Minutes December 7, 2009 Page 1 D. PUBLIC COMMENT DC Haas, 103 Mallard Drive, Assistant Fire Chief and Fire Inspector, questioned why he has been laid off instead of being allowed to apply for the Operations Chief position. He said other than himself, no one in the department has the necessary training for the position. Carl Glimm, 5107 Ashley Lake Road, spoke on behalf of the preliminary plat extension for Minor Subdivision Plat #117. F. Ray Ruffatto, 1985 Bluestone Drive, Kalispell firefighter, remarked he has seen the fire prevention division of the fire department drop to zero employees in last five and a half years. He encouraged the council to find a way to retain quality employees. Tammi Fisher, Mayor -elect, 746 7th Avenue W, encouraged the council to implement cross training between administrative positions and give them preference for job openings. Todd Snarr, 493 2nd Avenue EN, wanted the council to listen to citizens regarding the airport. Shannon Nalty, 181 Riverview Drive, noted pilots will have more options to land if the airport is realigned. He also commented he was concerned with the graffiti present along Underpass Hill. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 5407 —PRELIMINARY PLAT EXTENSION— RESUBDIVISION OF LOT 1 OF MINOR SUBDIVISION PLAT #117 This is a request by Montana Mapping Associates for a one-year extension of the preliminary plat of Resubdivision of Lot 1 of Minor Subdivision Plat #117 located on both the east and west sides of Denver Avenue. Saverud moved Resolution 5407, a resolution approving a one year extension to the preliminary plat of the Resubdivision of Lot 1 of Minor Subdivision Plat #117, located on the east and west sides of Denver Avenue at 60 Denver Avenue. The motion was seconded. Jentz gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Mayor Kennedy and Gabriel absent. E/2. ORDINANCE 1672 — ZONE CHANGE — R. DICK MITSCH —1ST 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. Kalispell City Council Minutes December 7, 2009 Page 2 Kenyon moved first reading of Ordinance 1672, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property more particularly described as Tract A of COS 15749 and COS 6682 located in Section 20, Township 28 North, Range 21 West, Flathead County, Montana (previously zoned City P-1 (Public)) to City B-2 (General Business) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Jentz gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Mayor Kennedy and Gabriel absent. E/3. RESOLUTION 5408 — CONSTRUCTION AGREEMENT — KALISPELL BYPASS The Montana Department of Transportation plans to award the bid for the second phase of the bypass project in early December. In order to award the bid, a standard construction agreement between the city and MDT needs to be in place. Kenyon moved Resolution 5408, a resolution authorizing the Mayor of Kalispell to execute the construction agreement of Federal Aid Project No. ARRA 15(90) with the State of Montana, acting by and through the Department of Transportation. The motion was seconded. Castles gave a staff report and answered questions. Harball asked that language be inserted allowing the mayor or her designee to sign the contract. Kenyon moved that the words "or her designee" be inserted into the first sentence (".... authorizing the Mayor of Kalispell or her designee to execute the construction agreement...") and the last sentence of Section I ("... and the Mayor of Kalispell or her designee is hereby empowered and authorized to execute said Agreement."). The motion was seconded. There was no further discussion. The amendment carried unanimously upon vote with Mayor Kennedy and Gabriel absent. The main motion, as amended, carried unanimously upon roll call vote with Mayor Kennedy and Gabriel absent. E/4. RESOLUTION 5409 — ASHLEY SQUARE TAX INCREMENT FINANCING The owners of the Ashley Square Shopping Center have proposed a rehabilitation project for the retail center for which they are requesting TIF funding to assist in the public infrastructure portion of the project as consideration for the new jobs that will be created. Kalispell City Council Minutes December 7, 2009 Page 3 Kenyon moved Resolution 5409, a resolution relating to the Westside Urban Renewal Plan for the City of Kalispell; approving a certain project as an urban renewal project and authorizing the negotiation of a development agreement with BlumCo Partners LLC & Pentana Group LLC with regard to said urban renewal project, pledging up to $450,000.00 of tax increment revenue cash flow for public infrastructure improvements necessary under a development agreement to be negotiated between the City of Kalispell and BlumCo Partners LLC & Pentana Group LLC. The motion was seconded. Elder gave a staff report and answered questions. David Blumhart of BlumCo Partners and Bob Peterson of the Pentana Group provided a brief overview of the project. Atkinson noted the project is worthwhile, but he feels the long-term renters have been treated poorly and he hopes they will be taken into consideration. Hafferman remarked that he asked for additional information on this project at the August work session, which he never received. He said he would be in favor of this if the business was adding floor space, but not by remodeling. Kluesner agreed, stating only three jobs are being created. He said it is setting a dangerous precedent to give money to a private company for remodeling and he would prefer they get a loan from the revolving loan fund. Kenyon moved to table Resolution 5409 indefinitely. The motion was seconded. The motion to table carried unanimously upon vote with Mayor Kennedy and Gabriel absent. E/5. PB&J APPEAL - TRANSPORTATION IMPACT FEES The owners of the PB&J bookstore and restaurant requested the council reconsider the transportation impact fees currently estimated for their proposed move to a different location. City staff proposed the use of an alternate method of transportation impact fee calculation. President Larson read a statement written by Gabriel regarding unintended consequences of impact fees and asking the council to request that the city manager conduct an independent review of the impact fees. Kenyon moved that council accept raw data from the applicant so that it may be used for calculations in lieu of the industry published data. The motion was seconded. Olson agreed with Gabriel that this is not what impact fees were created for. The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent. Kalispell City Council Minutes December 7, 2009 Page 4 E/6. RESOLUTION 5410 — ACCEPTING GRANT AND APPROPRIATING FUNDS Kalispell Municipal Court has been awarded $348,473 from the Department of Justice under the Drug Court Discretionary Grant Program. Kenyon moved Resolution 5410, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the City Council for the purpose of acceptance of a Federal Bureau of Justice Assistance Drug Court Grant. The motion was seconded. Ulbricht gave a staff report and answered questions. There was no discussion. The motion carried unanimously upon roll call vote with Mayor Kennedy and Gabriel absent. E/7. BOARD APPOINTMENT — EVERGREEN SEWER & WATER BOARD C.M. "Butch" Clark is requesting reappointment to the Evergreen Sewer and Water Board. President Larson recommended the council reappoint C.M. "Butch" Clark to the Evergreen Sewer and Water Board. Olson moved the council accept the President's recommendation and reappoint C.M. "Butch" Clark to the Evergreen Sewer and Water Board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent. F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) Larson remarked the council needs to take a stand on the airport issue because concerns have been raised by an adjacent property owner that his land is being tied up until a decision is made. Atkinson thanked all board members for the good work they do for the community. Howington asked for feedback regarding various work session topics. G. ADJOURN The meeting was adjourned at 9:10 p.m. Kalispell City Council Minutes December 7, 2009 Page 5