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.
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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.
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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.
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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
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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.
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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.
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The motion carried unanimously upon vote with Kenyon absent®
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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
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May 6, 2013
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