06/20/11 City Council MinutesAlso present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Chief of Police Roger Nasset, Assistant Fire Chief Dave Dedman, Finance Director Amy
Robertson, Parks Director Mike Baker, Planning Director Torn Jentz, Public works Director Bill
Shaw, Revolving Loan Fund Manager wade Elder, Community Development Manager Katharine
Thompson, and Deputy City Clerk Judi Funk.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
APPROVAL
Larson moved to approve the Agenda. The motion was seconded..
There was no discussion.
The motion carried unanimously upon vote.
COASENT AGENDA APPROVAL
1. Council Minutes — Regglar Meeting — June 6 2011
2. Reject Bid — Pavement 111larkin
Only one bid was received for the 2011 Pavement Marring Project from Promark Inc. for
$253,730.96. Staff requested the bid be rejected as being excessive.
3. Public Safety Building Energy Upgrade Bid Awards (Moved to Main Agenda as Item
Saverud moved to remove Item #3, the Public Safety Building ]Energy Upgrade Bid .Awards,
from the Consent Agenda and place it on the amain Agenda as Item I)Ill. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon vote.
Atkinson moved to approve the Consent Agenda as amended. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
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.tune 20, 2011
Page I
PUBLIC
rCOMMENT
Bill Buxton, Morrison-Maierle, announced that the wastewater Treatment Plant Expansion Project
won the national American Council of Engineering Companies award competition and presented the
award to the city.
D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
i r r . c � ;r � , r � ►
Public Comment
None.
Hafferman moved council call for a public hearing on July 18, 2011 on the 2012 Preliminary
Budget and approve the expenditure of funds within the 2012 Preliminary Budget proposed
for salaries, maintenance, operation and projects already approved by the council until a Final
Budget is adopted by the council. The motion was seconded.
Council Discussion
Done.
The motion carried unanimously upon vote.
,�' r r � ;� ;■ � r r
Resolution 5499 schedules a public hearing for July 5 on an amendment to the fire department
budget to reconcile the actual expenditures required for the operations of the fire department.
Howington gave a report and answered questions.
Public Comment
None.
Kenyon moved Resolution 5499, a resolution of intent calling for a public hearing to amend the
annual appropriations of the City of Kalispell, Montana, as set forth in the 201.0-2011 budget
adopted by the city council. The notion was seconded.
Council Discussion
None.
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June 20, 2011
Page 2
The motion carried unanimously upon roll call vote.
D/3, RESOLUTION 5500 — GRANT ACCEPTANCE AND BUDGET APPROPRIATION
The Kalispell Parks and recreation Department has received notification of an additional grant
award in the amount of $500 to help address Dutch Elm Disease.
Baker gave a report.
Public Comment
None.
Saverud moved Resolution 5500, a resolution amending the annual appropriations of the City
of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council for the
purpose of acceptance of an Urban Forestry Grant Award. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
D/4- BROWNFIELDS REVOLVING LOAN FUND GRANT ACCEPTANCE
The U.S. Environmental Protection Agency has awarded the City of Kalispell a grant in the amount
Of $1 MOOMOO for fiscal year 2011 /2012.
Thompson gave a report and answered questions.
Public Comment
None.
Gabriel moved council accept the EPA Brownfields Revolving Loan Fund grant in the amount
of $1,000,000. The motion was seconded.
Council Discussion
Atkinson remarked this is a huge benefit to the city and congratulated staff for winning the grant.
Mayor Fisher commented she is pleased with the work that staff has done and appreciates Thompson
gathering grant funds for the city.
The motion carried unanimously upon vote.
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June 20, 2011
Page 3
Resolution 5501 expresses the intent of city council to convey its ownership and obligations for
Courtyard Apartments to Community Action Partnership.
Harball gave a report and answered questions.
Public Comment
Doug Rauthe, Executive Director of Community Action Partnership, detailed the history of the
apartment buildings, described their plans to rehab and refinance them, and answered questions.
Marty McClary, Housing Director for CAP, explained the financing and noted the project will
reverse its negative cash flow by restructuring and by putting reserves aside each year.
Kenyon moved Resolution 5501, a resolution of intent to convey the ownership interests of the
City of .Kalispell in the Courtyard Apartments located at 1842 Airport Road, Kalispell,
Montana to Northwest Montana Human Resources, Inc. dba Community Action Partnership.
The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
D/6. CONI3ITIONAL USE PERMIT —ADULT CARE FACILITY (TABLED MAY 2, 2011)
This is a request by Doreen Hayek for a conditional use permit to operate a licensed adult foster
family care home to accommodate up to four elderly residents at 75 Buffalo Hill Drive. This was
tabled at the May Z, 2011 meeting until the applicant could obtain licensing and approval from the
State.
Jentz gave an updated report and answered questions.
Public Comment
Dale Haarr, 80 Buffalo Hill Drive, remarked it is a travesty of justice that a neighborhood cannot
control its own destiny; he said the property owners are taking the issue to the next legislature and
asked for dissenting votes from council.
Gabriel moved to remove the conditional use permit for 75 Buffalo Bill Drive from the table.
The motion was seconded.
The motion carried unanimously upon vote.
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June 20, 2011
Page 4
Gabriel moved to approve the conditional use permit for 175 Buffalo Mill Drive with the listed
conditions. The motion was seconded.
Council Discussion
Kenyon noted if not for the Supreme Court decision, there would be a lot of underprivileged citizens
who would not be able to live in Kalispell, and he is strongly in favor of the motion.
Atkinson commented he has heard only one complaint in the years we have been doing group homes,
and the neighborhood does not need to worry about this home.
Mayor Fisher remarked there should be restrictions on ownership of the property and she would like
to see more guidance from the legislature. She commented that she will abstain from the vote.
Kluesner commented if our only option is to vote yes then why is it in front of us? He said the
process needs to be corrected.
Zauner agreed, but stated the process needs to be fair to the neighborhood residents and this gives
them a voice.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson
and Saverud voting in favor, Kluesner and Zauner voting against, and. Mayor Fisher
abstaining.
D17. RESOLUTION 5502 — MOUNTAIN VISTA ESTATES PRASE 4 PR.ELIMINARY
PLAT EXTENSION
This is a request for an additional one-year extension of the preliminary plat of Mountain Vista
Estates Phase 4 located on the north side of Three Mile Drive approximately one-half mile west of
Stillwater Road.
Jentz gave a report.
Public Comment
None.
Saverud moved resolution 5502, a resolution approving a one-year extension to the
preliminary plat of Mountain Vista Estates Phase 4, located on the north side of Three Mile
Drive approximately one-half mule west of Stillwater road. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
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June 20, 2011
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i
WAIVERREQUEST FOR LEASE PAYMENT :. GOLF
ASSOCIATION
This is a request by the Kalispell Golf Association for a whole or partial waiver of its lease payment
obligations for Buffalo Hill Golf Course.
Howington gave a report and staff answered questions.
Public Comment
Steve Dunfee, Buffalo Hill General Manager, explained their request and encouraged council to look
at the spirit of the lease agreement and grant their request as a sign of good will. Dunfee also
answered questions from council.
Bill Jensen, Liberty Street, noted the issue that needs to be concentrated on is the erosion at Hole 7.
Mark Lalum, KGA Board of Directors, commented this has been in discussion for a year and he
looks at it like a landlord -tenant issue. He noted capital expenditures are the city's obligation and the
KGA has a legitimate credit against the lease.
Kenyon moved to approve the request of the Kalispell Golf Association for a waiver of its lease
payment for the Buffalo Hill Golf Course. There was no second.
Zauner moved council call for a special meeting on June 27 to consider the request of the
Kalispell Golf Association for a waiver of its lease payment for the Buffalo Hill Golf Course.
The motion was seconded.
Council Discussion
K.luesner suggested going to the golf course to view the damage and remarked he would like a week
to "get his arms around it".
Atkinson encouraged council to vote against the motion, stating that we are turning an asset into a
liability and this is very premature.
Kenyon spoke in favor of the motion.
Larson noted he will be voting against the motion because the money is more important to the city
now at budget time than the KGA.
Mayor Fisher agreed, noting that the golf course damage is significant, but she will not ask the
firemen to make concessions then turn around and give money to the KGA.
Gabriel spoke against the motion.
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June 20, 2011
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The motion failed upon roll call vote with Kenyon, Kluesner and Zauner voting in favor, and
Atkinson, Gabriel, TIafferman, Larson, Saverud and Mayor Fisher voting against.
.Atkinson moved council deny the request of the Kalispell Golf Association for a waiver of its
lease payment for the Buffalo Dill Golf Course. The motion was seconded.
There was no further discussion.
The motion to deny carried upon roll call vote with Atkinson, Gabriel, Hafferman, Larson,
Saverud and Mayor Fisher voting in favor and Kenyon, Kluesner and Zauner voting against.
`` D
One letter was received for a vacancy on the Planning Board. Blake Sherman is requesting
appointment.
Mayor Fisher recommended the council appoint Blake Sherman to the Planning Board.
Saverud moved the council accept the Mayor's recommendation and appoint Blake Sherman
to the Planning Board. The notion was seconded.
Council Discussion
None.
The motion carried unanimously upon vote.
D/10. APPOINTMENT -- TECHNICAL .ADVISORY COMMITTEE
One letter was received for a vacancy on the Technical Advisory Committee. Tim Larson is
requesting appointment.
Mayor Fisher recommended the council appoint Tint Larson to the Technical Advisory Committee.
.Atkinson moved the council accept the Mayor's recommendation and appoint Tim Larson to
the Technical Advisory Committee. The notion was seconded.
Council Discussion
None.
The motion carried unanimously upon vote.
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June 20, 2011
Page 7
D/1 1. PUBLIC SAFETY BUILDING ENERGY UPGRADE BID AWARDS (Removed from
Consent Agenda)
Staff requested that the composite bids received in the total sum of $72,217 be awarded for the
completion of the Public Safety Building Energy Upgrade under the American Recovery and
Reinvestment Act grant award.
Howington gave a report and Baker answered questions.
Public Comment
None.
Saverud moved to approve the Public Safety Building Energy Upgrade bid awards to Pete's
Power & Electric, Carson Brothers, and Johnson Controls. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon vote.
E. MAYOR/COUNCIL/CITY MANAGER/REPORTS--(No Action)
Howington introduced Bill Shaw as the new Public Works director.
Mayor Fisher reminded the public that the June 27 work session on Transaction Fees will be
televised.
F. ADJOURN
Approved July 5, 2011
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June 20, 2011
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