02/03/14 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, FEBRUARY 3, 20149 IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. COUNCIL PRESIDENT JIM ATKINSON PRESIDED.
COUNCIL MEMBERS SANDY CARLSON, CHAD GRAHAM, PHIL GUIFFRIDA, RANDY
KENYON, TIM KLUESNER, AND WAYNE SAVERUD WERE PRESENT, COUNCIL
MEMBER KARI GABRIEL AND MAYOR MARK JOHNSON WERE ABSENT,
Also present: City Manager Doug Russell, Adjutant City Attorney Rich Hickel, City Clerk Theresa
White, Police Chief Roger Nasset, Finance Director Rick Wills, Planning Director Tom Jentz, Senior
Planner Kevin LeClair, and Deputy City Clerk Judi Funk.
President Atkinson called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved to approve the Agenda. The motion was secondedl
There was no discussion.
The motion carried unanimously upon vote with Gabriel and Mayor Johnson absent,
1. Council Minutes — Regular Meeting — January 21, 2014
2. Ordinance 1734 — Amending Ordinance 1166 — 2nd Reading
This ordinance amends Chapter 2, Article 1, of the Kalispell Municipal Code regarding the
limitations on the authority of the city manager to execute bonds, notes, contracts, and
written obligations. Ordinance 1734 passed unanimously on first reading January 21.
Saverud moved to approve the Consent Agenda. The motion was seconded, -
There was no discussion.
The motion carried unanimously upon roll call vote with Gabriel and Mayor Johnson absent,
C. COMMITTEE REPORTS
D. PUBLIC COMMENT
Jerry Begg, 220 Woodland Avenue, noted he was contacted by staff and they have opened a dialog
regarding his issues. He also requested a work session be held on vacant buildings downtown.
Kalispell City Council Minutes
February 3, 2014
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The city is looking at obtaining a DNRC State Revolving Fund loan to pay for improvements to the
storm water utilities servicing the Willows Subdivision.
President Atkinson opened the public hearinj
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1!resident Atkinson closed the public hearing,
(Letters received prior to and during the public hearing are attached hereto and made a part of the
official record)
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Kesolution 5658 levies the assessments for storm water improvements to the Willows Subdivision.
Russell gave a report and answered questions.
Public Comment
None.
Guiffrida moved Resolution 5658, a resolution relating to Special Improvement District No
345; final levy of special assessments on property within the districts for the purpose o-,
financing the cost of certain local improvements. The motion was seconded. 1
The motion carried unanimously upon roll call vote with Gabriel and Mayor Johnson absent,
F/2. RESOLUTION 5659 — WILLOWS SID #345 — SRF LOAN
Resolution 5659 authorizes a loan through the DNRC State Revolving Fund to pay for storm water
�mprovements to the Willows Subdivision.
Public Comment
Kalispell City Council Minutes
February 3, 2014
Page 2
Guiffrida moved Resolution 5659, a resolution relating to $242,000 Special Improvement
District No. 345 Bond (DNRC Water Pollution Control State Revolving Loan Program), Series
2014; authorizing the issuance and fixing the terms and conditions thereof and providing for
the security therefor. The motion was seconded.
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The motion carried unanimously upon roll call to with Gabriel and Mayor Johnson absent.
RESOLUTION 5660 — CALLING FOR ELECTION ON LOCAL GOVERNMENT
REVIEW
This resolution schedules a ballot issue for the June 3 primary on whether Kalispell electors wish to
create a study commission to review the current local government.
Russell gave a report and answered questions.
Public Comment
Saverud moved Resolution 5660, a resolution to submit a proposal to create a Local
Government Study Commission to review the form of the city government of Kalispell to the
electors of the City of Kalispell on the June 3, 2014 primary election ballot pursuant to the
requirements of Title 7, Chapter 3, Part 1, M.C.A., and to direct proper notice of said election
to be made. The motion was seconded,
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The motion carried unanimously upon roll call vote with Gabriel and Mayor Johnson absent,
Mark Owens, with Owl Corporation, has requested two separate zone changes on approximately 17
acres of property in West View Estates.
LeClair gave a report and answered questions.
Kalispell City Council Minutes
February 3, 2014
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Public Comment
Eric Mulcahy, Sands Surveying representing Owl Corporation, presented a PowerPoint presentation
and requested council consider all zone changes as requested by Mark Owens, not just the zone
change approved by the Planning Board.
Guiffrida moved first reading of Ordinance 1735, an ordinance to amend Section 27.02.010,
official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning
certain real property located in a tract of land, situated, lying and being in the southwest
quarter of the southwest quarter of Section 25, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana and more particularly described in Exhibit "A" attached hereto
(previously zoned City RA -I (Residential Apartment) to City RA-2 (Residential
Apartment/Office), in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded,
Guiffrida noted the council is addressing zoning and not a conceptual plan. He said property owners
bought lots under a certain zoning designation and they expect it to remain the same.
The motion carried unanimously upon roll call vote with Gabriel and Mayor Johnson absent,
Russell announced the next work session will feature Urban Renewal Agency policies; sewer
modeling; and a demonstration on the new iPads usage.
Russell also noted two trail program grants were approved, and asked for a council member to join
him at the E911 meeting on Tuesday.
Atkinson encouraged the public to apply for current board vacancies.
The meeting was adjourned at 7:58 p.m.
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Theresa White
City Clerk
Approved February 18, 2014
Kalispell City Council Minutes
February 3, 2014
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City Clerk
City Hall Council Chambers
201 1st Avenue E
Kalispell, MT59901
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2014 JAN 29
KALISPELL CITY CLERK
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I am upset and disappointed City Council Members, after hearing objections to this proposed project
and taxation of property owners of The Willows Subdivision in late 2011 or early 2012, The City Council
took it upon your selves to move forward and complete this project. You are now putting the expense
on homeowners of The Willows Subdivision against our wishes.
I attended a council meeting in the fall of 2011 or early 2012 regarding this very issue. The capacity of
the Willows Subdivision storm water system was adequate until subsequently approved subdivisions
drainage (Runoff) was allowed to enter into our system. The issue was put down primarily due to this
fact. The discussion was positive only if the other outlying subdivisions were to help with the needed
improvements. You alone as City Representatives were responsible because you could not tax the
outlying subdivisions subsequently approved —only the Willows Subdivision.
Subsequently, you as Representatives of the City of Kallispell, are requiring The Willows Subdivision to
be your scapegoat. Prior to surrounding subdivision approval., The City of Kalispell did not require
adequate storm water systems. You allowed storm water to drain into the Willows Subdivision without
the required improvements needed for The Willows Subdivision to handle the increased capacity. The
City of Kalispell did not do its due diligence prior to approving surrounding subdivisions and The City of
Kalispell is solely responsible for these improvements.
I cannot believe how any council member could vote for this unjust and unethical action, although legal
it may be.
Larry Bauer
22 Honeysuckle Lane
Kalispell, MT 59901