12/03/12 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, DECEMBER 3, 2012, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. COUNCIL PRESIDENT KARI GABRIEL PRESIDED.
COUNCIL MEMBERS PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY KENYON, TIM
KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. MAYOR
TAMMI FISHER AND COUNCIL MEMBER JIM ATKINSON WERE ABSENT.
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White,
Police Chief Roger Nasset, Finance Director Rick Wills, Public Works Director Susie Turner,
Planning Director Tom Jentz, Senior Planner Sean Conrad, and Deputy City Clerk Judi Funk.
President Gabriel 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 and Mayor Fisher absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting — November 19, 2012
2. Maintenance Agreement — Pedestrian Tunnel
This agreement between the City of Kalispell and the Montana Department of Transportation
outlines the responsibilities of both parties in connection with the pedestrian tunnel on U.S.
Highway 93 North.
Kenyon moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Atkinson and Mayor Fisher absent.
C. PUBLIC COMMENT
None.
D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
D/1. ORDINANCE 1718 — ZONE CHANGE REQUEST —1ST READING
Natasha Tanner is requesting a zone change from R-3 (Residential) to R-4 (Residential) on three lots
located in the Park View Terrace subdivision on the north side of Indian Trail Road.
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Conrad gave a report and answered questions.
Public Comment
Natasha Tanner, 202 Farview Drive, offered to answer any questions regarding her application for
the zone change.
Gene Dziza, Bigfork, remarked the proposed zoning will not change the character of the
neighborhood and will bring a non -conforming property into compliance.
Saverud moved first reading of Ordinance 1718, an ordinance to amend Section 27.02.010,
official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning
certain real property more particularly described as Lots 1, 3 and 7 of Block 2 of the Park
View Terrace subdivision, located in Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, (currently zoned City R-3 (Residential) to City R-4 (Residential))
in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The
motion was seconded.
Council Discussion
Kluesner noted he will abstain from the vote.
The motion carried upon roll call vote with Guiffrida, Hafferman, Kenyon, Saverud, Zauner,
and President Gabriel voting in favor, Kluesner abstaining, and Atkinson and Mayor Fisher
absent.
D/2. RESOLUTION 5597 — CABLE FRANCHISE AGREEMENT — BRESNAN
COMMUNICATIONS
This agreement allows the city to retain access and administrative control over the local PEG channel
for the next ten years.
Russell gave a report and staff answered questions.
Public Comment
None.
Kenyon moved Resolution 5597, a resolution to authorize the city manager to execute the cable
franchise agreement with Bresnan Communications, LLC as proposed. The motion was
seconded.
Council Discussion
Kluesner remarked it's great the agreement includes free cable service to the schools.
Guiffrida added the channel is also good for government transparency.
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President Gabriel disclosed her husband works for a Bresnan competitor, but she has no issue with
the agreement and will vote unless there is an objection.
The motion carried unanimously upon roll call vote with Atkinson and Mayor Fisher absent.
D/3. RESOLUTION 5598 — RESOLUTION OF INTENT & CALL FOR PUBLIC
HEARING — BUDGET AMENDMENT -- WILLOWS SUBDIVISION STORM -
WATER IMPROVEMENTS
Resolution 5598 schedules a public hearing for December 17 on a proposed amendment to the Storm
Sewer budget to allow for cost sharing of the Willows Subdivision Stormwater Improvements.
Russell and Turner gave reports and staff answered questions.
Public Comment
None.
Kenyon moved Resolution 5598, 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 2012-2013 budget
adopted by the city council. The motion was seconded.
Council Discussion
Hafferman questioned whether the Willows residents are satisfied with the payment arrangement and
emphasized the public hearing will be their last opportunity to comment.
Guiffrida remarked the residents have indicated they agree with staffs' assessment of the cost.
The motion carried unanimously upon roll call vote with Atkinson and Mayor Fisher absent.
D/4. RESOLUTION 5599 — RESOLUTION OF INTENT & CALL FOR PUBLIC
HEARING — GROWTH POLICY AMENDMENT
This is a request for an amendment to the Kalispell Growth Policy 2020 to incorporate the "Core
Area Plan" into Chapter 12. The "Core Area" is 365 acres located along the rail corridor within the
city limits. Resolution 5599 schedules a public hearing on the proposed amendment for December
17.
Russell gave a report and staff answered questions.
Public Comment
None.
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Guiffrida moved Resolution 5599, a resolution of intention to adopt, revise, or reject a
recommended amendment to the Kalispell Growth Policy 2020 and to call for a public hearing.
The motion was seconded.
Council Discussion
Hafferman remarked he will not vote for anything regarding the core area until the feasibility study is
completed by Willdan Financial.
The motion carried upon roll call vote with Guiffrida, Kenyon, Kluesner, Saverud, Zauner,
and President Gabriel voting in favor, Hafferman voting against, with Atkinson and Mayor
Fisher absent.
D/5. KALISPELL MUNICIPAL JUDGE APPOINTMENT
Only one Statement of Qualifications was received for the seat of Municipal Judge being vacated by
Heidi Ulbricht at the end of December. The selection committee recommended Lori Adams be
appointed to the position.
Harball gave a report and answered questions.
President Gabriel expressed Mayor Fisher's overwhelming support for Ms. Adams' appointment.
Public Comment
None.
Guiffrida moved council accept the selection committee's recommendation and appoint Lori
Adams as Kalispell Municipal Court Judge. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote with Atkinson and Mayor Fisher absent.
E. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action)
Russell informed council the work session on December 10 will regard Kidsports and the Core Area
Plan. No work sessions will be held on December 24 or 31.
Russell noted he is trying to set up Legislators' meetings for the next legislative session.
President Gabriel reminded council that the Leaders of Tomorrow mock council session will be held
on December 5 in the council chambers starting at 2:00 p.m.
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President Gabriel complimented Russell and the staff for saving $7,000 on the airport beacon, and
reminded everyone that the CDBG Public Needs Assessment hearing is coming up.
Saverud thanked Judge Ulbricht for her many years of service to the City of Kalispell.
F. ADJOURN
The meeting was adjourned at 7:44 p.m.
Theresa White
City Clerk
Approved December 17, 2012
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