1. Council Minutes - Regular Meeting - August 17, 2009A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, AUGUST 17, 2009, 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, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL
MEMBER DUANE LARSON WAS ABSENT.
Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Roger Nasset, Acting Fire Chief Dan Diehl, Public Works Director Jim Hansz,
Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Adjutant City
Attorney Rich Hickel, Human Resources Director Terry Mitton, 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
Atkinson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Larson absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting- — August 3, 2009
2. Pledged Securities as of June 30, 2009
3. Grant Acceptance — COPS Hiring: Recovery Program (Moved to main Agenda as Item E/4)
4. Evergreen Sewer Rate for Fiscal Year 2009-2010
Evergreen's rate is based on Kalispell's operational expenses for fiscal year 2009 prorated at
the percent of usage based on meter readings at the lift station and the Wastewater Treatment
Plant.
5. Ordinance 1667 — Initial Zoning — Chris Neater — 2nd Reading
Neater has requested a zoning designation of B-2 (General Business) and I-1 (Light
Industrial) on approximately one and a half acres located on the west side of Highway 93.
Ordinance 1667 passed unanimously on first reading August 3.
6. Police Officer Confirmation
Brian Jones has completed his one year probationary period with the Kalispell Police
Department and council confirmation was requested.
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August 17, 2009
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Atkinson moved approval of the Consent Agenda. The motion was seconded.
Kluesner moved the COPS Grant be moved to the regular Agenda as item E/4. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon vote with Larson absent.
The main motion, as amended, carried unanimously upon roll call vote with Larson absent.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
John Hinchey, 534 4th Ave East, spoke on behalf of many of his neighbors regarding the traffic
speed on 4th Avenue East and submitted a petition requesting additional stop signs and police
staffing for proper patrol in their neighborhood and the city. Hinchey also asked that the street be
returned to two way traffic.
Margaret Lekander, 621 5th Ave East, representing the Business Improvement District and
Downtown Business Association, thanked Mayor Kennedy and Chief Nasset for their help with
ThursdayFest, and stated they have some new businesses downtown.
Russ Heaton, 15 Meridian Court, President of MT Independent Electrical Contractors Association,
stated his group is opposed to the city taking over electrical permitting and inspections, adding the
current state inspection system works well.
Mary Iverson, 1203 4th Ave East, remarked the proposed noise ordinance specifically exempts
aircraft noise and this would only serve a "special interest" group.
Steve Dunfee, 178 Cheviot Loop, representing the Kalispell Golf Association, stated he and
President Doug Kaufman are available for any questions regarding the golf course lease.
Rosie Olson, 320 Two Mile Drive, #207, Parks and Recreation volunteer, said she tries to go to
Woodland Park every day to clean up the trash; but she would like to educate people to pick up their
own trash.
Richard Ruonavaara, 349 Helena Flats Road, agreed with Mr. Heaton and asked if the city will have
a board available like the State does for electrical disputes.
Susie Birch, 835 1st Ave East, Director of FVCC Economic Development and Continuing
Education, requested support for Resolution 5384 and the submittal of a CDBG grant application.
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August 17, 2009
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Richard Frisk,161 Indian Trail Road, # 2, spoke against the city taking over the electrical inspections
and stated it would not be in the city's best interests; the costs may exceed income.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/1. RESOLUTION 5382 — BUFFALO HILL GOLF COURSE LEASE
The Kalispell Golf Association is requesting approval of a 20-year lease in order to obtain financing
to make capital improvements to the Buffalo Hill Golf Course.
Atkinson moved Resolution 5382, a resolution approving a lease between the City of Kalispell
and the Kalispell Golf Association for the property commonly known as the Buffalo dill Golf
Course. The motion was seconded.
Harball gave a staff report and answered questions.
Hafferman noted that this property is held in trust and according to the law, a sale or lease of trust
property must go to an election.
Hafferman moved to amend Resolution 5382 by adding the following language: "by calling for
a special election on the question to be held on the 3rd day of November, 2009, in conjunction
with the city General Election" as the last sentence in the header; by deleting the word "not" in
the seventh Whereas; by adding a new Section 2 as follows: "That the City Council hereby
directs the City Clerk and city staff to follow the appropriate procedure to communicate this
resolution to the Flathead County Elections Department and submit to the electors of the City,
at the next general election, November 3, 2009, the question as to whether the City should enter
into the Lease Agreement with the Kalispell Golf Association for the Kalispell Municipal Golf
Course in the City of Kalispell, Montana in the Ballot Form set forth as Exhibit "B", attached
hereto and for purpose of this Resolution made a part hereof. The City Clerk is further
directed to immediately make the proposed lease available to the public online at
http://www.kalispell.com/ and at the Office of City Clerk, 201 First Ave. E, Kalispeli, MT and
to keep the Lease posted until November 3, 2009."; and by adding the proposed Ballot
Language as Exhibit "B". The motion was seconded.
There was discussion concerning whether the lease extension should go to the voters and Harball
answered questions about why the lease was placed on the ballot in 1997.
The motion to amend carried upon roll call vote with Atkinson, Hafferman, Olson, Saverud
and Mayor Kennedy voting in favor, Gabriel, Kenyon, and Kluesner voting against, and
Larson absent.
Mayor Kennedy commented the city set a precedent in 1997 by taking the lease to the voters.
The main motion, as amended, carried unanimously upon roll call vote with Larson absent.
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E/2. RESOLUTION 5383 — AUTHORIZATION FOR CITY'S BANK ACCOUNT
Resolution 5383 authorizes city manager Jane Howington to sign on the city's bank account.
Saverud moved Resolution 5383, a resolution amending Resolution 5094, authorizing the city
manager, finance director, deputy finance director, and city treasurer to execute checks, drafts
or other orders withdrawing funds from city accounts with Glacier Bank. The motion was
seconded.
Robertson gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote with Larson absent.
E/3. RESOLUTION 5384 - RESOLUTION OF INTENT AND CALL FOR PUBLIC
HEARING — CDBG GRANT
Flathead Valley Community College has requested assistance to apply for a Community
Development Block Grant Program. Resolution 5384 schedules a public hearing on the grant
application for September 8.
Atkinson moved Resolution 5384, a resolution of intent to authorize submission of a grant
application to the Montana CDBG Workforce Training Program and setting a date for a
public hearing. The motion was seconded.
Howington gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote with Larson absent.
E/4. GRANT ACCEPTANCE — COPS HIRING RECOVERY PROGRAM (Moved from
Consent Agenda)
The police department has been awarded a grant in the amount of $214,229.00 to fund the hiring of
one entry level police officer for three years. Staff requested the council accept the grant and agree to
fund the police officer for a fourth year.
Kenyon moved acceptance of the COPS grant in the amount of $214,229.00. The motion was
seconded.
Nasset gave a staff report and answered questions, stating the department has agreed to set aside
$20,000.00 per year for the next three years in order to fund the position for the required fourth year.
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The motion carried unanimously upon vote with Larson absent.
F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS
(No Action)
The following department supervisors gave reports: Public Works: Jim Hansz and Police: Roger
Nasset, who announced that John Ortiz's funeral is scheduled for 11:00 am this Saturday at the
Christian Center.
Howington and Nasset detailed the problems business owners are having with loiterers at Third and
Main and noted a right-of-way permit program for gatherings has been suggested.
G. ADJOURN
The meeting was adjourned at 8:14 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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