04/15/13 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
MONDAY, APRIL 15, 20139 IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS
KARI GABRIEL, PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY KENYON, TIVI
KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. COUNCIL
MEMBER JIM ATKINSON WAS ABSENT,
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White,
Captain of Detectives Scott Warnell, Fire Chief Dave Dedman, Public Works Director Susie Turner,
Planning Director Tom Jentz, Senior Planner Sean Conrad, Parks Director Mike Baker, and Deputy
City Clerk Judi Funk.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved to approve the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Atkinson absent,
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting —April 1, 2013
2. Bid Award — 2013 Chip Seal Project
Only one bid was received for the 2013 Chip Seal Project. Staff recommended the bid be
I
awarded to Pavement Maintenance Solutions for a potential expenditure of $242,479.18.
3. Bid Award — 2013 Pavement Marking Project
Two bids were received for the 2013 Pavement Marking Project from Highmark Traffic
Services and Highway Specialties. Staff recommended the bid be awarded to Highway
Specialties in the amount of $91,545.09.
4. Bid Award - 2nd Avenue WN Water Distribution System Improvement Project
Four bids were received for this project from LHC, NCC Neumann Construction, Sandry
Construction, and Schellinger Construction. Staff recommended the bid be awarded to NCC
Neumann Construction in the amount of $161,593.55.
5. Lifesaving Awards — Fire Department
Brent Councilor, Craig Fischer, Todd Hawes, Josh Pipolo, and Taylor Zachary were honored
for their lifesaving efforts during a cardiac arrest call on January 5.
6. Proclamation — Arbor Day — April 26, 2013
Kalispell City Council Minutes
April 15, 2013
Page 1
Saverud moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Atkinson absenj
C. PUBLIC COMMENT
Jerry Begg, 220 Woodland Avenue, detailed his difficulties with city regulations in trying to open a
proposed coffee shop in the Busy Bee Dry Cleaners building.
Ken Kalvig, 1830 3rd Avenue East, on behalf of his client Montana Venture Partners (MVP), stated
the city needs to require developers to pay latecomer fees and no approvals should be given until all
agreements are satisfied.
Trent Gardner, Bozeman law firm of Goetz, Baldwin & Geddes, responded there is no requirement
for a landowner to hook into to a new sewer and water extension if existing sewer and water is
available.
Jim Cossitt, 1231 6th Street West, remarked council members should not run for political cover
regarding impact fees. He said it is the council's job to legislate impact fees, not the Impact Fee
Committee.
Pam Carbonari, Business Improvement District, thanked council for using TIF money for the Kelly
Main Street building and encouraged them to remember the needs of Main Street and its water
suppression issues.
ROTY-NIM".
This is a request for a Planned Unit Development overlay on two undeveloped tracts of land
currently zoned B-5 and located at the southeast corner of the intersection of Highway 93 South and
Willow Glen Drive.
Conrad and Jentz gave reports and staff answered questions.
Public Comment
Ken Kalvig, 1830 3rd Avenue East, remarked this PUD application does not comply with regulations
because there are no proposed plans for the sewer and water connections; there is no phasing
involved; and there is no cohesive design for the site.
Mark Liechti, APEC Engineering, stated the PUD application is only for the existing two lots and
they plan to connect to the utilities that were available at the time the property was purchased.
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April 15, 2013
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Todd Gardner, 3065 Airport Road, said this is a simple PUD on two lots that meets all of the city's
requirements, including the availability of sewer and water.
Trent Gardner, Bozeman, commented the latecomer agreement does not affect council's decision on
the PUD. He reiterated there are existing sewer and water lines contiguous to the property.
Paul Wachholtz, 183 Fairway Boulevard, MVP owner, stated approximately $4 million of private
money was spent to extend the sewer and water lines south and all they want is the latecomer fees to
be paid as agreed to when the lines were deeded to the city.
Davar Gardner, 3095 Airport Road, countered he asked MVP for stub outs while the lines were being
installed and his request was ignored.
Guiffrida moved first reading of Ordinance 1723, an ordinance to amend Section 27.02.010,
Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by attaching
a Planned Unit Development Overlay on certain real property currently zoned B-5
(Industrial/Commercial), more particularly described as Parcel A as shown on Certificate of
Survey No. 19299 and Tract 2 of Certificate of Survey No. 6628 located in Section 28,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, in accordance with
the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded.
Hafferman remarked the staff report lacks information and he needs assurances that our regulations
and state laws are being followed before he can vote.
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Saverud agreed the information on the application is minimal.
Zauner stated there is no language in the ordinance regarding the latecomer agreement and we are
simply approving a PUD on two lots.
Mayor Fisher commented the city should always be cognizant of latecomer's agreements, but these
two lots meet the requirements of the PUD and can be served by the pre-existing infrastructure.
The motion carried upon roll call vote with Guiffrida, Kenyon, Kluesner, Zauner and Mayor
Fisher voting in favor, Gabriel, Hafferman and Saverud voting against, and Atkinson absent,
HIGHWAY 93
This agreement with the Montana Department of Transportation is for the construction and/or
reconstruction of parts of West Reserve Drive and the intersections with Reserve Loop and US
Highway 93 in conjunction with the Kalispell Alternate Highway 93 project.
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April 15, 2013
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Turner gave a report and staff answered questions.
Public Comment
None.
Saverud moved Resolution 5614, a resolution authorizing the Mayor of Kalispell or designee to
execute the construction agreement of Federal Aid Project No. NH 15(110), also known as
KBP-Reserve Loop to U.S. 93 Project, with the State of Montana, acting by and through th�;
Department of Transportation. The motion was seconded,
None.
The motion carried unanimously upon roll call vote with Atkinson absent.
Russell informed council the 5th Monday meeting will be held on April 29 in Columbia Falls; the
April 22 work session will review the Impact Fee Committee's recommendation on the water impact
fee along with discussion on how to fund capital improvements within the transportation program;
and the Citizen Satisfaction survey should be in the mail the beginning of May.
Mayor Fisher reminded everyone that the Conrad Mansion fundraiser Death by Chocolate will be
held on April 26 and 27 and thanked Sean Conrad for his years of service to the city.
Saverud requested the issues Jerry Begg presented be discussed in a work session.
Kluesner noted Cabela's is moving forward and will be breaking ground soon.
Gabriel requested a work session on latecomer agreements and Mayor Fisher asked for a list of all
latecomer agreements now in place.
The meeting was adjourned at 9:50 p.m.
Theresa White
City Clerk
Approved May 6, 2013 as amended (page 3)
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April 15, 2013
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