12/07/09 City Council MinutesAlso present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Municipal Court Judge Heidi Ulbricht,
Finance Director Amy Robertson, Deputy Public works Director Frank Castles, Assistant City
Engineer Paul Burnham., Human Resources Director Terry Mitton, Housing Manager Katharine
Thompson, Revolving Loan Fund Manager wade .Elder, Planning Department Director Torn Jentz,
and Deputy City Clerk Judi Funk.
President Larson called the meeting to order and led the Pledge of Allegiance.
Saveru.d moved approval of the Agenda. The notion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent.
CONSENTDAPPROVAL
1. Council Minutes —,,Reg ular Meetin November 16 2009
2. Post one Bid Award US HighwayHighwqy 93 Utility Relocation Pro' ect
Five companies bid on this work to relocate water and sewer utilities that are in conflict with
Phase 1 of the bypass project. A comprehensive review of the bids is being conducted and
staff recommended the bid award be postponed to the December 21 meeting.
Atkinson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent.
� ili D ► XYi
None.
Kalispell City Council Minutes
December 7, 2009
Page
DC Haas, 103 Mallard Drive, Assistant Fire Chief and Fire Inspector, questioned why he has been
laid off instead of being allowed to apply for the Operations Chief position. He said other than
himself, no one in the department has the necessary training for the position.
Carl Olimm, 5107 Ashley Lake Road, spoke on behalf of the preliminary plat extension for Minor
Subdivision Plat #117.
P. Ray R.uffatto, 1985 Bluestone Drive, Kalispell firefighter, remarked he has seen the fire
prevention division of the fire department drop to zero employees in last five and a half years. He
encouraged the council to find a way to retain quality employees.
Tammi Fisher, Mayor -elect, 746 7th Avenue w, encouraged the council to implement cross training
between administrative positions and give there preference for job openings.
Todd Snarr, 493 2nd Avenue BIB, wanted the council to listen to citizens regarding the airport.
Shannon Malty, 181 Riverview Drive, noted pilots will have more options to land if the airport is
realigned. He also commented he was concerned with the graffiti present along Underpass Bill.
i1111 to i'! •
This is a request by Montana Mapping Associates for a one-year extension of the preliminary plat of
Resubdivision of Lot 1 of Minor Subdivision Plat #117 located on both the east and west sides of
Denver Avenue.
Saverud moved Resolution 5407, a resolution approving a one year extension to the
preliminary plat of the Resubd.ivision of Lot 1 of Minor Subdivision Plat #117, located on the
east and west skies of Denver Avenue at 60 Denver avenue. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon roil call vote with mayor Kennedy and. Gabriel absent.
This is a request for a zone change from P--1 to B-2 for two adjacent tracts of land on the west side of
US Highway 93 South, just south of the Kelly Road intersection.
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December 7, 2009
Page 2
Kenyon moved first reading of ordinance 1672, an ordinance to amend. Section 27.02.010,
official zoning reap, City of Kalispell zoning ordinance, (Ordinance No. 1460), by zoning
certain real property more particularly described as Tract A of CGS 15749 and CGS 6682
located in Section 20, Township 28 North, Range 21 west, Flathead County, Montana
(previously zoned City P-1 (Public)) to City P-2 (General Business) in accordance with the
Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon roll call vote with Mayor Kennedy and. Gabriel absent.
11Z
'M f63 U pi. I : " '.
The Fontana Department of Transportation plans to award the bid for the second phase of the bypass
project in early December. In order to award the bid, a standard construction agreement between the
city and MDT needs to be in place.
Kenyon moved Resolution 5408, a resolution authorizing the Mayor of Kalispell to execute the
construction agreement of Federal Aid Project No. ARRA 15(90) with the State of Montana,
acting by and through the Department of Transportation. The motion was seconded.
Castles gave a staff report and answered questions.
Harball asked that language be inserted allowing the mayor or her designee to sign the contract.
:Kenyon moved that the words `nor her designee" be inserted into the first sentence ("....
authorizing the Mayor of Kalispell or her designee to execute the construction agreem.ent...g9)
and the last sentence of Section I ("... and the Mayor of Kalispell or her desi nee is hereby
empowered and authorized to execute said Agreement."). The motion was seconded..
There was no further discussion.
The amendment carried[ unanimously upon vote with Mayor Kennedy and Gabriel absent.
The main motion, as amended, carried unanimously upon roll call vote with Mayor Kennedy
and Gabriel absent.
The owners of the Ashley Square Shopping Center have proposed a rehabilitation project for the
retail center for which they are requesting TIC' funding to assist in the public infrastructure portion of
the project as consideration for the new jobs that will be created.
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December 7, 2009
Page 3
Kenyon moved Resolution 5409, a resolution relating to the westsid.e Urban Renewal Plan for
the City of Kalispell; approving a certain project as an urban renewal project and authorizing
the negotiation of a development agreement with BlumCo partners LLC & Pentana Group
LLC with regard to said urban renewal projects pledging up to $450,000.00 of tax increment
revenue cash flow for public infrastructure improvements necessary under a development
agreement to be negotiated between the City of Kalispell and BlumCo Partners LLC
Pentana Group LLC. The motion was seconded.
Elder gave a staff report and answered questions.
David Blumhart of BlumCo Partners and Bob Peterson of the Pentana group provided a brief
overview of the project.
Atkinson noted the project is worthwhile, but he feels the long-term renters have been treated poorly
and he hopes they will be taken into consideration.
Hafferman remarked that he asked for additional information on this project at the August work
session, which he never received. He said he would be in favor of this if the business was adding
floor space, but not by remodeling.
Kluesner agreed, stating only three jobs are being created. He said it is setting a dangerous precedent
to give money to a private company for remodeling and he would prefer they get a loan from the
revolving loan fund.
Kenyon moved to table Resolution 5409 indefinitely. The motion was seconded..
The motion to table carried unanimously upon vote with Mayor Kennedy and Gabriel absent.
The owners of the PB &J bookstore and restaurant requested the council reconsider the transportation
impact fees currently estimated for their proposed move to a different location. City staff proposed
the use of an alternate method of transportation impact fee calculation.
President Larson read a statement written by Gabriel regarding unintended consequences of impact
fees and asking the council to request that the city manager conduct an independent review of the
impact fees.
Kenyon moved that council accept raw data from the applicant so that it may be used for
calculations in lieu of the industry published data. The motion was seconded..
Olson agreed with Gabriel that this is not ghat impact fees were created for.
The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent.
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December 7, 2009
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Kalispell Municipal Court has been awarded $348,473 from the Department of Justice under the
Drug Court Discretionary Grant Program.
Kenyon moved Resolution 5410, a resolution amending the annual appropriations of the City
of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the City Council for the
purpose of acceptance of a Federal Bureau. of Justice Assistance Drug Court Grant. The
motion was seconded.
Ulbricht gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon roll call vote with Mayor Kennedy and Gabriel absent.
C.M. "Butch" Clam is requesting reappointment to the Evergreen Sewer and water Board.
President Larson recommended the council reappoint C.M. "Butch" Clam to the Evergreen Seger
and water Board.
Olson moved the council accept the President's recommendation and reappoint C.M. `Butch"
Clam to the Evergreen Sewer and water Board. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Mayor Kennedy and Gabriel absent.
4it
(No Action)
Larson remarked the council needs to take a stand on the airport issue because concerns have
been raised by an adjacent property owner that his land is being tied up until a decision is made.
Atkinson thanked all board members for the good worm they do for the community.
Howington asked for feedback regarding various work session topics.
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December 7, 2009
Page 5
The meeting was adjourned at 9:1 o p.m.
ATTEST:
Theresa White
City Clerk
Approved December 21, 2009
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December 7, 2009
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