1. Council Minutes - Regular Meeting - December 15, 2008A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, DECEMBER 15, 2008, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON,
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, Acting Fire Chief Dan Diehl, Public Works Director Jim
Hansz, Finance Director Amy Robertson, Municipal Court Judge Heidi Uibricht, Parks and
Recreation Director Mike Baker, Economic and Community Development Director Kellie
Danielson, Planning Director Tom Jentz, Airport Manager Fred Leistiko, 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.
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Council Minutes — Regular Meeting — December 1, 2008
2. Accepting MDOT Grant & Approving Budget Appropriation — Alcohol Traffic Safety and
Drunk Driving Prevention Incentive
The Municipal Court has been selected to receive funding in support of traffic safety related
behavioral projects in an amount not to exceed $91,438.00.
3. Postpone Award of Bid — Solid Waste Automated Sideloader
Three bids were received for a solid waste truck from KOIS Brothers Equipment, Montana
Peterbilt, and Western Peterbilt. Staff requested the contract award be postponed to January 5
to allow for additional review.
Atkinson moved approval of the Consent Agenda. The motion was seconded.
Ulbricht and Hansz gave staff reports.
The motion carried unanimously upon vote.
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December 15, 2008
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C. STUDENT ISSUES
None.
The following spoke on Resolution 5331 — Airport Mitigation Action Plan
Jim Pierce, 1880 Highway 93 South, owner of Red Eagle Aviation, spoke in favor stating it is time to
move forward and relocate the KGEZ towers.
Todd Berg, 1656 Three Mile Drive, stated he is the largest leaseholder at the airport and it is "time to
take the jewel out of the rough" and remove the hazard at the end of the runway.
Terry Anderson, 123 Fairway Boulevard, Airport Advisory Board member, said he has been on the
board for several years and he feels this is the best way to proceed.
Dan Snyder, 271 Commons Way, Airport Advisory Board member, said he has studied the issue and
there is no doubt in his mind the KGEZ signal strength will be stronger once the towers are moved.
Scott Davis, 448 5th Avenue West, commented he is opposed to the airport expansion because the
residents in the area do not want jets flying over their heads. He asked for assurance from the City
that if the expansion continues low flying jets will not be allowed to use the airport.
Other Comments
Bryan Scott, 1701 Highway 93 South, Outlaw Inn, requested that the City carry the Outlaw's water
bill out over a couple of months and set up a payment plan. He said they are behind about $34,000
and are waiting for some large account receivables to come in.
Roxanne Brothers, 786 4th Avenue West North, commented the City is far behind on curbside
recycling and the Council should be looking into doing something about it. She also questioned why
the Council finds it so difficult to accept the Impact Fee Committee's recommendations, especially
since they appointed the board members. Brothers remarked the City should not allow any additional
development until the impact fees are in place.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/1. RESOLUTION 5330 — CONSTRUCTION AGREEMENT — IMPROVEMENTS TO
US HIGHWAY 2
The Montana Department of Transportation is proposing certain improvements to US Highway 2
consisting of asphalt overlay, seal and cover, guardrail, and pavement markings.
Saverud moved Resolution 5330, a resolution authorizing the Mayor of Kalispell to execute the
construction agreement of Federal Aid Project No. SFCP 1-2(145)122 with the State of
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December 15, 2008
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Montana, acting by and through the Department of Transportation. The motion was seconded.
Hansz gave a staff report.
Hafferman noted the resolution states the construction will occur on US Highway 2 from 7th Street
East. He said it is actually from 7th Avenue East North.
Hafferman moved to amend the second Whereas by changing "Seventh Street East" to
"Seventh Avenue East North". The motion was seconded.
There was no discussion.
The amendment carried unanimously upon vote.
There was no further discussion.
The main motion, as amended, carried unanimously upon roll call vote.
E/2. RESOLUTION 5331— AIRPORT MITIGATION ACTION PLAN
This resolution makes the finding of a public need for the mitigation of the air hazard created by the
KGEZ radio towers and sets forth the direction of the Kalispell City Council to establish the value of
relocating or removing the towers, to make a formal offer to the tower's owner, and to consider
condemnation.
Atkinson moved Resolution 5331, a resolution finding a public need for the mitigation of the
air hazard created by the KGEZ radio towers and setting forth the direction of the Kalispell
City Council to establish the value of relocating or removing the towers, to make a formal offer
and to consider condemnation. The motion was seconded.
Leistiko gave a staff report and answered questions.
Olson moved to amend the last Whereas to read, "if it is determined by the Kalispell City
Council that it is prudent and timely to pay such costs, the City of Kalispell should make an
offer to the owner of the KGEZ radio towers to relocate such towers out of hazardous airspace
at no cost to the owner and without any discontinuance or degradation to his radio
transmission , in , to offer- to pay to the owner of the KGEZ radio toweFs4he
projeeted eost to the City of sueh tower ' The motion was seconded.
Olson said as hard as it has been to negotiate, he finds it extremely difficult to offer to pay for the
relocation of the towers.
Harball explained the City must make an offer for the cost of relocation before it can proceed with
condemnation. He said if accepted, the City will then own the towers.
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December 15, 2008
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Mayor Kennedy said the ordinance needs language affirming that when the City pays for the towers
they become the property of the City.
Harball proposed the following language be added for clarification: "for which the City will own the
towers and the easement."
Kluesner suggested the following: "at which time the City of Kalispell will become the lawful
owners of the towers and the easement leading to them".
Olson said the easement doesn't have anything to do with removing the towers.
Olson moved to modify his amendment and have the last Whereas read, "if it is determined by
the Kalispell City Council that it is prudent and timely to pay such costs, the City of Kalispell
should make an offer to the owner of the KGEZ radio towers to relocate such towers out of
hazardous airspace at no cost to the owner and without any discontinuance or degradation to
his radio transmission or, in the alternative, to offer to pay to the owner of the KGEZ radio
towers the projected cost to the City of such tower relocation, at which time the City of
Kalispell will become the lawful owner of the towers and may remove the towers" The second
concurred.
Hafferman commented he will be voting against the amendment.
The amendment carried upon vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson,
Saverud, and Mayor Kennedy voting in favor, and Hafferman voting against.
Hafferman noted that when he took office in 2002 the Council agreed that one million dollars was to
be spent on the airport and the money was to come from the sale of land; not the taxpayers. He said
the Council should not be approving a written offer until we know where the money is coming from.
In addition, Hafferman said he has always been opposed to condemnation, especially when used for
"special interest" and not "public interest".
Kluesner agreed, stating by approving this resolution we are agreeing to a blank check. He said he
also has an issue with the condemnation and he feels the airport expansion has never been justified to
the taxpayer.
There was further discussion.
Webb remarked this is relatively simple; the Council is establishing a public need for tower
mitigation and telling the City Manager to establish an offer. He assured the Council that no money
would be spent that affects the general fund reserves.
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.
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E/3. RESOLUTION 5332 — FISCAL 2009 GENERAL FUND BUDGET AMENDMENT
Resolution 5332 revises the annual appropriations for the City of Kalispell by reducing the General
Fund.
Larson moved Resolution 5332, a resolution revising the annual appropriations for the City of
Kalispell, Montana, as set forth in the 2008-2009 budget adopted by the City Council. The
motion was seconded.
Webb explained the General Fund reductions result in an increase in the reserves from $8,000 to
$258,000.
Olson remarked "we are saving dimes while we are losing dollars" and this budget amendment is just
a band -aid. He said we should have one and a half million dollars in reserves and he doesn't like it
any more than anyone else, but additional layoffs may be necessary.
Mayor Kennedy noted she hates to reduce the budget on the backs of youth and families by cutting
parks programs, but public safety is more important right now.
Larson agreed that police and fire personnel must be maintained.
Hafferman commented that reductions should come from maintenance and operations in lieu of
layoffs, and any layoffs should come first from those departments that are funded by grants and fees.
Saverud stated he supports this amendment, but also feels we need to ask the public for help. He said
the City may also have to consider park and public safety levies.
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.
F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS
(No Action)
The following department supervisors gave reports: Fire: Dan Diehl, Police: Roger Nasset, Parks:
Mike Baker, Public Works: Jim Hansz.
G. ADJOURN
The meeting was adjourned at 9:07 p.m.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk
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