1. Council Minutes - Regular Meeting - March 20, 2006A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
.M., M N AY, MARCH 20, 20069 IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL,, MONTANA, COUNCIL PRESIDENT DUANE LARSoN PRESIDED,
COUNCIL MEMBERS JIM A KINSON, BOB RAFFERMAN, BOB HERRN, RANDY
KENYON, TIM KLUES ER AND HANK O S N WERE PRESENT, MAYOR PAMELA
B. KENNEDY AND KARI GABRIEL WERE ABSENT.
Also preset: City Manager James Patrick, City Attorney Charles Har all, City Clerk Theresa White,
Public Works Director Jim. Hans Police Chief Frank Garner, :dire Chief Randy Brodehl, Finance
Department Director Amy Robertson, , Parks and Recreation Director Mike Baker, Human Resources
Director Terry M tto , Airport Manager Fred Uist ko, Planning Department Director Tom Jet ,
Senior Planner Sean Conrad, and Recording Secretary Judi Funk.
President Larson called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
President t Larson announced the applicants for Sunnyside Place have requested Consent Agenda Item
3, Ordinance 1570, and Agenda Item 1, Resolution 5099, be postponed until the April 3
meeting.
Olson moved approval of the Agenda with Item E postponed until April 3, 2006. The
motion was seconded.
There was no Further discussion.
The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent.
CONSENT AGENDA APPROVAL
Covell Minutes — Re2ular Mcetit March 2oo6
..... ... .. ...
2. Award Bid Old School Station (SID 3 Phase 2: Infrastructure Improvements
Moored to main agenda as item
3. ordinance 1.570 - Initial Zo l — I LK Development — 2 d Reading
Postponed until April 3, 2006
. ordinance 15 1— Initial Zoning Roger Olson — 2nd Read n
Roger Olson requested a zoning designation of R- , Two Family Residential, o0
approximately three and a half acres located along the merest side of Willow Glen Drive
between Kelly Road and Russell Drive. ordinance 1571 passed on first reading March 6.
Atkinson moved approval of the Consent Agenda with Item postponed e until April 3,
2006. The motion was seconded.
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Kl es .er moved the Consent Agenda be amended by removing Items. # 2, SID 344 Bid Award,
and placing It on the main agenda as Item E/ . The motion was seconded,
Hafferman and Kluesner spoke in favor of the amendment.
The amendment carried unanimously upon vote with Mayor Kennedy y and Gabriel absent.
The main motion amended carried unanimously upon roll call vote with Mayor Kennedy
and Gabriel absent.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Alan Ruby, 320 Hilltop Avenue, asked Council to table Resolution 5101. pending additional public
input. stated the casino is in conflict with the City's existing ordinance, and the appraisal price is
lover than expected. Ruby asked the City to request additional proposals for the armory property
prior to making a decision.
Chuck Cool, 266 Buttercup Loop, also spoke against Resolution 5101, remarking that It seems
ridiculous for another casino to move into that area. He stated that gambling addicts cannot control
themselves and he feels there is another use for that property, possibly .for the children.
E, REoRTSRECOMMENDAT ONS AND SUBSEQUENT COUNCIL ACTION
E/1, RESOLUTION 5099 — PRELIMINARY PLAT — SUNNYSIDE PLACE
(POSTPONED UNTIL APRIL 3, 2006)
E 2. RESOLUTION TION 00 - FINAL PLAT — CRYSTAL FALLS SUBDIVISION
This is a request for final plat approval of a residential subdivision that creates two s blots located at
302 and 1.304 5th .Avenue West.
Kenyon moved Resolution 5100, a resolution approving the final plat of Crystal Falls
Subdivision', located In the SW 114 of the SE 1 Section 18, Township 28 North, Range 21
West, P,M,M., Flathead County, Montana. The motion was seconded.
Conrad gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote with Mayor Kennedy and Gabriel absent.;
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3. FINAL PLAT — FIRE STATION 62
This is a request for final plat approval of Kalispell Fire Station No. 62, a single -lot subdivision on
approximately 2 acres located on the west side of US Highway 93, directly west of Costeo.
Kenyon roved Council approve the final plat for .dire Station 62. The motion was seconded.
Conrad gave a staff .report and answered questions.
The motion carried unanimously neon roll call vote with Mayor Kennedy and Gabriel absent.
. . RESOLUTION 5101. .... AUTHORIZING T E BADE Ov TUE moo ' ROPERTY
Resolution 5101 authorizes the City Manager to negotiate a purchase and sale agreement and a
developer's agreement with the Gateway Hospitality Group for the dory property.
Atkinson moved Resolution 5101, a resolution to approve the proposal of Gateway Hospitality
Group GHQ for the purchase and development of the City owned Armory site and to direct
the City Manager to negotiate the terms of a Developer's Agreement and Purchase and Sales
Agreement with GHG. The motion was seconded.
Patrick gave a staff report and answered questions.
Herron stated that the opponents made good points, although the only way to justify the cost of a
liquor license is gambling. . He said the City's ordinance prohibiting casinos within Soo feet of a part
is archaic and should be clanged. Herron stated this is a good proposal, although he may move to
table it.
Olson commented he doesn't understand why everyone is concerned with having a casino across
from a park, but they are .not concemed with having a bar or liquor store across .from a park. Olson
said the only way to afford a liquor license is to have gambling and he is not in favour of tabling it
tonight.
Hafferman stated he is in .favor of continuing negotiations because he feels this is a good proposal,
but if the Council is gong to vote for the sale two conditions should be met: the disposition of the
money from the sale and the disposition of the taxes after the property 1s developed; and the issue o
a casino that close to Lions Farb:. He said he is opposed to using a PUD as a method to circumvent
regulations, and instead, suggested fast tracking a change to the ordinance.
Kluesner asked for a survey to see how many casinos are in town and where they are located. He
noted this resolution only authorizes Patrick to negotiate the sale, not to finalize the sale.
Kenyon disagreed., statIng that once something gains momentum. .. it can't be stopped.
Kenyon moved to table Resolution 5101 until April 17. The motion was seconded.
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The notion carried upon roll call vote with Atkinson, Herron, Kenyon., Klee ner and
President Larson voting in favor, H fferm n and Olson voting against, and Mayor Kennedy
and Gabriel absent.
E 5. RESOL TI N' 5102 — INTENT TO SELL ALLEY RIGHT -of -WAY AND CALL
FOR PUBLIC HEARING
Michael Blend has offered to purchase a parcel of property in .flock 1. of Ryker Addition originally
intended to be -used for an alleyway. Resolution 5102 is a Resolution of Intent to sell the property and
sets a public hearing for April 3.
Kenyon moved Resolution 5102, a resolution of intent to abandon the alleyway 'n Block 1 o
Ry er Addition and to dispose of andsell such real property and calling for and fixing a date
for a public hearing and directing the Clerk to publish notice of this intent and. hearing. The
motion was seconded,
Patrick gave a staff report and answered questions.
Kenyon noted this offer started out at $500.00 and is now up to $2000.00.
KIues er commented the price still amounts to less than $1.00 per square foot and asked what the
price on the open market would be.
Patrick stated without an appraisal it is lard to say, but because of its location it has no development
value to the City.
Olson, Haffer an, and Atkinso.n spoke in favor of the sale.
The motion carried unanimously upon roll call vote with Mayor Kennedy and Gabriel absent.
AWARD CONTACT — KALISPELL FACILITYPLAN UPDATE Zoo
The current budget includes funds for an update of the Kalispell Facility Plan, originally completed
in 2002. Council is being asked to award the Facility Ilan Update 2006 to the team of
HDR/Morrison Maierle in the amount of $250,603.50.
Herron moved Council award the Facility Plan Update 2006 to HDR/ iorrison M iera in the
amount of 50 03.50, The motion was seconded,
Hansz gave a staff report and answered questions.
Hafferman stated this should have gone out for an RFP, giving other firs a chance. He said the
reason .for hiring a the same fire down"t have any validity since many other engineering firms are
capable of developing a play.. Hafferman commented that a second opinion mi.ght be helpful t
determine the direction we are head -in , remarking that "if we eat the same pabulum day after day we
eventually 'become nutritionally deficient".
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Atkinson said he is pleased with the proposal, adding this is truly long-range planning and an
excellent opportunity for government to get ahead of the curve. He disagreed with Hafferman
wanting to put the contract out for are R" , stating there's a tremendous learning curve involved and
HDR/Morrison Maler e has performed very well.
Hafferman, Herron, and Kluesner asked for an accounting report on hove this update is being paid.
The motion carried upon vote with Atkinson, Herron, Kenyon, Kluesner, Olson, and President
Larson voting in favor, Hafferman voting against, and. Mayor Kennedy and Gabriel absent.
E/7. AWARD BID — OLD SCHOOL STATION (SID 344J PHASE 2: INFRASTRUCTURE
IMPROVEMENTS {MOVED FROM CONSENT AGENDA}
Three bids were received for water, sewer, storm drainage, and street improvements for old School
Station. Goose Bay Construction bid $2,297,000.00, JTL Group bid 2,19 ,920.90, and Schellinger
Construction submitted a bid of $ ,17 , 7 .80. Staff is recommending the bid be awarded to
Schellinger Construction.
Atkinson roved Council award the bid for infrastructure improvements at old School Station
(SID to Sc elfin er Construction in the amount o $2,174,273-80. motion was
seconded.
Patrick gave a staff report and answered questions.
Ha err an asked if the bonds have been sold for this project.
Patrick responded the issuance of the contract has to be completed before the size of the bonds can
be determined. He said the bonds should be sold in April.
Hafferman stated the bid award should wait for the sale of the bonds because if something goes
wrong, the taxpayer gets stuck with the bill. He said there's no need to rush this thing through..
Harball commented this is the normal procedure,, stating the bond counsel needs the bid information
or they cant market the bonds.
Hafferman emphasized ed you can use engineer's estimates; you don't award the contract before you
have the money to pay for it.
Kenyon noted that when the City sold the bonds for the aquatic facility it relied on the engineer s
estimate, and the estimate was "grossly wrong",
Kluesner said he would i .ke to see a clause added In the contract stating it is contingent on the sale o
the bonds.
The motion carried upon vote with Atkinson, Herron, Kenyon, Kleser, Orson and President
Larson voting in favor, Hafferman voting against, and Mayor Kennedy and Gabriel absent.
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F. 1 AYo COUNCIL CITY MANAGER'S REPORTS(NoA.c.A.-i
President Larson announced the grand opening for Fire Station 62 is scheduled for March 27 from
3:00 t 4:00 .m. and everyone is invited.
President Larson asked for a work session to discuss safety issues with subdivision detention and
retention ponds in light of the recent tragedies in the area.
Herron stated that next week he will be requesting, along with I luesner and Hafferman, a special
meeting on providing municipal sever service in the Evergreen area, He asked that tree resolutions
be written; one creating a policy which states the City will accept an additional 150,000 gallons of
sewage a day from Evergreen, one sewer e�rv_ce to Cottonwood and one ivi seer service
to Bernard's Park..
Patrick stated he and Harball spent time today with the Evergreen sever and water district attorney
and he .feels this has already been resolved.
Patrick asked what direction. the Council wants to take concerningHilton's proposal.
Herron asked that a revision of the casino ordinance be brought forward.
Iafferma.n stated be wants a decision on where the money from the sale and the taxes will go.
G. ADJOURN
The meeting was adjourned at 830 p.m.
ATTEST:
Theresa White
City Clerk
M. Duane Larson
Council President
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