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05/06/13 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 MONDAY, MAY 69 20139 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, PHIL GUIFFRIDA, BOB HAFFERMAN, TIIVI KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. COUNCIL MEMBER RANDY KENYON WAS ABSENT, Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Finance Director Rick Wills, Planning Director Tom Jentz, Community Development Manager Katharine Thompson, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDAAPPROVAL Guiffrida moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kenyon absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Rejaular Meeting —April 15, 2013 2. Bid Award — WWTP Roof Liner Replacement Project Four bids were received for this project from Ace Roofing, Advanced Roofing, DJ McPhee Construction, and Missoula Sheet Metal. Staff recommended the bid be awarded to Ace Roofing for the amount of $77,900. 3. Audit Contract Award Two proposals for auditing services were recently received from Denning, Downey & Associates and Galusha, Higgins & Galusha. Staff recommended the contract be awarded to Galusha, Higgins & Galusha. Atkinson moved to approve the Consent Agenda. The motion was seconded. Hafferman requested an amendment to the April 15, 2013 minutes. Council concurred. The motion carried unanimously upon vote with Kenyon absent, C. PUBLIC COMMENT None. Kalispell City Council Minutes May 6, 2013 Page 1 III pla 1111111 1 3 1 LI 01AS I I I 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. The first reading of Ordinance 1723 passed on a 5-3 vote on April 15. Public Comment None. Atkinson moved second 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, Council Discussion Hafferman stated there is not enough information in the PUD application for him to vote for the ordinance. Saverud also commented on the lack of information, but said he will vote with the majority because he feels this is a good project. Gabriel agreed this is a good project, but noted she will not be supporting the motion due to the lack of information. Mayor Fisher commented most of the issues involve the dispute over the latecomer agreement, but that is an ancillary issue and not for the council to decide. The motion carried upon roll call vote with Atkinson, Guiffrida, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Gabriel and Hafferman voting against, and Kenyon absent, 1/2. RESOLUTION 5615 — PRELIMINARY PLAT — CLIFF VIEW SUBDIVISION This is a request from Skadi Properties to subdivide an existing lot on the west end of Mile High Court, located on the east side of Denver Avenue, into three lots to be called Cliff View Subdivision. Mayor Fisher recused herself and President Gabriel took the chair. Kalispell City Council Minutes May 6, 2013 Page 2 Jentz gave a report and answered questions. Public Comment Noah Bodman, Whitefish, stated he is the owner/applicant and offered to answer any questions. Saverud moved Resolution 5615, a resolution conditionally approving the preliminary plat of Cliff View Subdivision, more particularly described as Lot 7 of the amended plat of Lots 4 and 7 of the Resubdivision of Lot I of Minor Subdivision Plat No. 117 in the northeast quarter of the northwest quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded, Council Discussion Guiffrida disclosed the planning board chairman, Chad Graham, is a good friend of his and has built homes in this area. He said since Graham is not currently contracted to build on these lots, he will vote in favor of the resolution. The motion carried unanimously upon roll call vote with Kenyon and Mayor Fisher absent, Mayor Fisher resumed her seat. D/3. RESOLUTION 5616 — GATEWAY WEST MALL FINAL TRANSFER APPROVAL On April 1, the city council approved a Memorandum of Understanding outlining the conditions for the Flathead County Economic Development Authority to purchase the city's interest in the Gateway West Mall. This resolution finalizes the transfer. Russell gave a report and answered questions. Public Comment None. Atkinson moved Resolution 5616, a resolution approving the conveyance by the City of Kalispell to the Flathead County Economic Development Authority of all of its personal and real property interests in Lot I of Amended Plat of the Mall Portion Gateway West Addition No. 34 and Lot I of Amended Plat of Northeast Portion Gateway West Addition No. 34 pursuant to the terms set forth in the Memorandum of Understanding of the parties executed on April 3, 2013 and authorizing the mayor to execute the proposed Interlocal Agreement and transfer documents effectuating the same. The motion was seconded, Council Discussion Guiffrida stated he will abstain from voting. Kalispell City Council Minutes May 6, 2013 Page 3 The motion carried unanimously upon roll call vote with Kenyon absent and Guiffrida abstaining. This resolution authorizes participation in the DNRC Water Pollution Control State Revolving Loan Program for $1,271,000 to help fund the Wastewater Treatment Plant's Digester Lid Repair Project. Russell gave a report and staff answered questions. Public Comment None. Guiffrida moved Resolution 5617, a resolution relating to $1,271,000 Sewerage System Revenue Bond (DNRC Water Pollution Control State Revolving Loan Program), Series 2013; authorizing the issuance and fixing the terms and conditions thereof. The motion was seconded. Council Discussion Hafferman remarked there is no reason to bond the project because there is enough money ($4,000,000) in the sewer fund. Mayor Fisher explained there is actually only $500,000 available, the additional $3,500,000 is obligated. There was further discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Kenyon absent. D/5. RESOLUTION 5618 — REVOLVING LOAN AGREEMENT This is a request for council to authorize the City Manager to apply for a loan with the USDA Rural Development Agency for $750,000 to provide assistance for small business retention and expansion. Russell gave a report and staff answered questions. Public Comment None. Saverud moved Resolution 5618, a resolution authorizing the city manager to make application for additional loan funds from the USDA Rural Development Agency Intermediary Relending Kalispell City Council Minutes May 6, 2013 Page 4 Program in order to fund additional projects through the City of Kalispell Economic Development Revolving Loan Fund for small business retention and expansion. The motion was seconded, Council Discussion None. The motion carried unanimously upon roll call vote with Kenyon absent, D/6. RESOLUTION 5619 — TIGER V GRANT APPLICATION AUTHORIZATION This resolution authorizes city staff to provide support for a grant application on behalf of the Flathead County Economic Development Authority for the development of an industrial rail park. Thompson gave a report and staff answered questions. Public Comment Stan Watkins, 750 Shadow Lane, stated his neighborhood is requesting the trains respect the "working man's" hours. Gabriel moved Resolution 5619, a resolution to authorize submission of a grant application to the US Department of Transportation, Transportation Investment Generating Economic Recovery (TIGER V) Discretionary Grant Program for the purpose of developing a new industrial rail park in cooperation with the Flathead County Economic Development Authority. The motion was seconded, Council Discussion Hafferman commented he fully supports the rail park, but would prefer to use TIF money rather than federal funds. He also noted council is still waiting for the feasibility study. Mayor Fisher stated once the federal government has made the decision to appropriate money, Kalispell should try to get as much as it can as long as FCEDA is providing the financial match. Gabriel remarked she is in full support of applying for the grant and working with the rail park regarding the hours of operation. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Kenyon absent. Kalispell City Council Minutes May 6, 2013 Page 5 Din Mayor Fisher recommended the following applicants be appointed to the various boards listed below: Board of Adjustment — Robert Vine Business Improvement District Board (Downtown) —Janet Clark and Debbie Snyder City -County Health Board — Council member Phil Guiffrida Conrad Mansion Board —Sue Corrigan Economic Development Revolving Loan Committee — Ronnie Laudati Planning Board —Chad Graham Police Commission —Doc Harkins Technical Advisory Committee (TAC) —Mark Munsinger Public Comment None. Council Discussion Atkinson, Kluesner, and Hafferman remarked all letters of interest are usually provided in the packet. Rather than approve the Mayor's recommendations at this time, they stated they would prefer waiting until the letters can be reviewed. Atkinson moved council table the board appointments until May 20, 2013. The motion was seconded. The motion to table carried unanimously upon vote with Kenyon absent, D/8. BOARD CONFIRMATION — PLANNING BOARD The Flathead County Commissioners have requested council confirmation for the reappointment of Rory Young to the Kalispell Planning Board. Public Comment None. Hafferman moved council confirm Rory Young's reappointment to the Kalispell Planning Board as Flathead County's representative. The motion was seconded. Council Discussion None. Kalispell City Council Minutes May 6, 2013 Page 6 The motion carried unanimously upon vote with Kenyon absent® rP.T17. =.01 The TBID directors are requesting council confirmation for the reappointment of Janet Clark and Gib Bissell to the board. Public Comment I Atkinson moved council confirm Janet Clark and Gib Bissell's reappointments to the Tourism Business Improvement District Board. The motion was seconded, Council Discussion None. The motion carried unanimously upon vote with Kenyon absent, Russell informed council the May 13 work session will focus on the special events permit. Russell said the preliminary budget should be distributed on May 15 and he would like to hold budget work sessions on May 28 and 29. Kluesner remarked a way should be found to keep the Farmer's Market in the downtown area and asked for an update on the Core Area Feasibility Study. Hafferman expressed his condolences on the passing of an ex -water department employee, Ivan Jones. Hafferman also noted he will not be running for re-election this year. The meeting was adjourned at 8:50 p.m. Theresa White City Clerk Approved May 20, 2013 Kalispell City Council Minutes May 6, 2013 Page 7