07/07/14 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, JULY 79 20149 IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS
JIM ATKINSON, SANDY CARLSON, KARI GABRIEL, CHAD GRAHAM, PHIL
GUIFFRIDA, RANDY KENYON, TIM KLUESNER, AND WAYNE SAVERUD WERE
PRESENT,
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White,
Police Chief Roger Nasset, Public Works Director Susie Turner, Planning Director Tom Jentz,
Senior Planner Kevin LeClair, and Deputy City Clerk Judi Funk.
1-NAayor Johnson called the meeting to order and led the Pledge of Allegiance.
Guiffrida moved to approve the Agenda. The motion was seconded.
The motion carried unanimously upon vote.
r"'. CONSENT AGENDA APPROVALm
1 . Council Minutes — Regular Meeting — June 16, 2014
Op'. Ordinance 1741 — Amendim4 Kalispell Municipal Code 15-12 — 2nd Readipg
This Ordinance amends the city code regulating vending in the public way to specify one $14
vending fee required per special event permit and reduces the process time from ten days to
three days. Ordinance 1741 passed unanimously on first reading June 16.
3. Bid Award — 4 1h Avenue East & 9th Street East Storm Water Improvement Project
Three bids were received for this project from Knife River, LHC and Paveco. Staff
recommended the contract be awarded to Paveco in the amount of $281,247.99.
4. Proclamation — Glacier Rally in the Rockies — July 18 & 192 2014
Kenyon moved to approve the Consent Agenda. The motion was secondecl
There was no discussion.
The motion carried unanimously upon roll call vote.
INVAINMUDIN 1 9
Kalispell City Council Minutes
July 7, 2014
Page 1
Mayor Johnson opened the public hearing.
mtell a I M
Fred Kluesner, 1418 Woodland Avenue, stated "enough is enough"; seniors on fixed incomes cannot
handle any more taxes. He said he is strongly opposed to paying for what he does not have, including
streetlights.
Larry Sartain, 115 West Monture Ridge, representing Silverbrook Estates, submitted a letter
opposing the expansion because Silverbrook Estates has its own private lighting system.
Jeff Zauner, 37 Glacier Circle, Glacier Commons Homeowners' Association President, commented
Glacier Commons' residents are also opposed to the assessments, noting the fairest thing to do is for
the city to take over operations and maintenance of all private lighting and charge everyone the same
amou .
Leland (Wally) Walbruch, 134 Fairway Boulevard, Fairway Boulevard Homeowners' Association
President, remarked they also have a private street lighting system and asked if they can get
assistance from the city to upgrade their lighting system if this is approved.
Larry McCrae, 136 Fairway Boulevard, stated they handle their own maintenance and utilities for
their system and have already stepped up to the plate in taking care of their own needs.
Tom Rygg, 820 East Idaho, commented he is also opposed and will derive no benefit from the
additional assessment.
U I I I Irmo
Mayor Johnson closed the public hearing.
(Letters received prior to and during the public hearing are attached hereto and made a part of the
official record)
Kalispell City Council Minutes
July 7, 2014
Page 2
F/1- ORDINANCE 1742 — EXPANDING LIGHT MAINTENANCE DISTRICT — 1ST
READING
Ordinance 1742 expands the Light Maintenance District to include all properties within the limits of
the City of Kalispell.
Fkussell gave a report and Turner gave a presentation and answered question%
Public Comment
Jeff Zauner, 37 Glacier Circle, said the issue is not the dollar amount, but fairness; a developer foots
the bill for infrastructure and then the city starts charging years later because of a need to cover a
future deficit.
Larry McRae, Fairway Boulevard HOA, stated they pay $85 a year to maintain their own lighting
system and if this addonal assessment is approved, the city should take over their lighting and
maintenance costs.
Larry Sartain, Silverbrook Estates, commented the city needs to "quit kicking the can down the road"
and reallocate property taxes from vacant land.
Tom Rygg, 820 East Idaho, remarked the city has four years before the budget runs negative and
there is no need to have this right now.
Wally Walbruch, Fairway Boulevard HOA, stated they have aging infrastructure and lights, and it is
a continuing expense to maintain what they have today.
Guiffrida moved first reading of Ordinance 1742, an ordinance expanding the City of Kalispell
Light Maintenance District pursuant to the authority provided by and under the procedures of
MCA 7-12-4301, authorizing the city attorney to codify the same and declaring an effective
date. The motion was seconded,
Guiffrida commented right now there is a small part of the population that is paying for the whole
lighting district and this proposal will spread the costs.
Mayor Johnson said he appreciates the comments from those with private lighting systems and
requested another work session on the issue. Gabriel agreed.
Atkinson moved to table Ordinance 1742 indefinitely. The motion was seconded,
The motion to table carried unanimously upon vote,
Kalispell City Council Minutes
July 7, 2014
Page 3
This is a request for a conditional use permit to use an exng single-family residence at the corner
of 3rd Avenue East and I Ith Street East as a group home for eight or fewer teenagers.
LeClair gave a report and answered questions.
Public Comment
Dr. John McKinnon, 465 Orchard Ridge, co-founder of Montana Academy, introduced some of his
staff and students and offered to answer questions.
Rita Fitzsimmons, 233 5th Avenue East, said she lives between two of Montana Academy's groui,;
homes, adding she is a strong supporter and loves having them as neighbors.
Atkinson moved council approve the conditional use permit for 1045 3rd Avenue East for use
as a Montana Academy group home with the listed conditions. The motion was seconded.
Guiffrida commented he will vote against the conditional use permit, not because he is opposed to
the Montana Academy, but because he takes exception to the state telling local governments they
have no say on the issue.
Saverud and Carlson spoke in favor of the motion and Mayor Johnson thanked Dr. McKinnon for
taking such a strong interest in our youth.
The motion carried upon vote with Atkinson, Carlson, Gabriel, Graham, Kenyon, Kluesner,
Saverud, and Mayor Johnson voting in favor, and Guiffrida voting against,
This is a request for a conditional use permit to develop a multi -structure residential care facility on
undeveloped land located at 242 Stillwater Road.
LeClair gave a report and answered questions.
Public Comment
Mike Fraser, 690 North Meridian, representing the developer, outlined the project and answered
questions.
Kluesner moved council approve the conditional use permit for Beehive Homes with the
conditions as amended by the planning board. The motion was seconded,
Kalispell City Council Minutes
July 7, 2014
Page 4
The motion carried unanimously upon vote,
il 14AW11 a KVIA NON V! 0 D) 1113-01 '14LEV851111 WAIN,
The Hockaday Museum of Art requested a permit to sell alcohol as part of its annual Arts in the Park
festival July 17 through July 20, 2014.
Public Comment
Barry Conger, Columbia Falls, representing the Hockaday, answered questions regarding the request.
Joe Apple, 203 Garland Street, spoke against allowing alcohol as part of any special event.
Kenyon moved council approve the alcohol special event permit for Arts in the Park. Th,-.,V
motion was seconded,
Saverud said he will abstain from voting as he is on the Hockaday Museum of Art Board of
Directors.
The motion carried upon vote with Carlson, Gabriel, Graham, Guiffrida, Kenyon, Kluesner,
and Mayor Johnson voting in favor, Atkinson voting against, and Saverud abstaining,
Russell gave a report and answered questions.
Public Comment
I
Saverud moved council ratify the Collective Bargaining Agreement between the city and
AFSCME Union, Local 256. The motion was seconded,
I I I
Guiffrida and Mayor Johnson thanked everyone involved with the negotiations.
The motion carried unanimously upon vote.
Kalispell City Council Minutes
July 7, 2014
Page 5
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The TBID Board of Directors has requested council confirmation for the board appointment of
Vanessa Nordahl.
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4W.
Public Comment
Atkinson moved council confirm the appointment of Vanessa Nordahl to the TBID Board o
Directors. The motion was seconded.
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The motion carried unanimously upon vote.
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Russell informed council the next work session will focus on proposed Memorandums o
Understanding with the Kalispell Golf Association and Kidsports. He said a work session on th
proposed expansion of the light maintenance district will be scheduled in the future. I
Mayor Johnson presented retiring city council member Randy Kenyon with a plaque and thanke
him for his years of service. He said if anyone is interested in this Ward 3 council position, letters o
interest must be received by July 25.
The meeting was adjourned at 9:48 p.m.
Approved July 21, 2014
Theresa White
City Clerk
Kalispell City Council Minutes
July 7, 2014
Page 6
The-resa--Wh-ite 11
From: Will Carson [willcarsonl 1 @ hotmail.co
Sent: Friday, June 20, 2014 12:07 PM
To: Theresa White
Subject: Resolution 5677 Streetlights
I am against placing additional assessments against my property in Kalispell for streetlights. I currently live in a
town of about 6,.500 people along the coast of California. There are NO streetlights in the residential areas of
town. I hope to retire someday and spend half the year in Kalispell.
The area I live at now has no streetlights. It also has no crime. If the residents leave their homes at night, we
either take a flashlight or turn on the porch light.
The lack of streetlights gives the neighborhood a more rural feel. The lots here are not large, about the same
size as the lots in the older part of Kalispell near the old hospital. I can go outside on a clear night and see
the " Milky Way". I truly believe I sleep better without light streaming in from a streetlight late at night.
When I first moved to a neighborhood without streetlights, I thought no streetlights was backward thinking
and less civilized, less safe, more dangerous driving, etc. What I discovered was "fewer streetlights is more
natural, costs less, and promotes a better living neighborhood. As I say this., I know you are thinking "kooky
Californian" Well I am conservative, have lived in Montana longer than in Ca. My wife is a native Montanan
and all my kids were born in Montana.
Your third "WHEREAS" statement, I hate to say it, is B.S. Just read it again to yourself.
Finally, I ran the numbers, it is not a big assessment, I see that. But I do believe it is a waste of money to just
"leave the lights on ALL NIGHT LONG" We don't do it in our home wherewe live, why do it overthe entire
town.
Thank you for your consideration.
Will Carson
2198 South Woodland Dr.
-Cie-
ALLIS-CHALMERS BARKO
Fiat -Allis
NORTHWEST MACHINERY, Inc.
LOGGERS — CONTRACTORS
New —Used — Rentals
P.O. Box 47
Kalispell, Montana 59903-0047
(406) 257-4388 o. (406) 257-4383 Fax
July 7, 2014
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
Please be advised I want to voice my opposition to the expansion of the lighting
expansion as proposed.
My wife and I own a parcel of 6.593 acres. A limit of 5 acres comes to a considerable
amount 5x43560 .. 217,800 square feet x .003 totaling $653.40.
I have previously tried to get help with lighting in the areas but have been limited to our
lights- on our building and neighbor's lights.
If you would care to visit with me on this issue, I would be happy to meet with you on a
one-on-one. Until then, I cannot even consider support for this issue.
Thank you.
cc: Mark Johnson, Mayor
Doug Russell, City Manager
City Council
Theresa White
From: Larry Silverbrook [larrysilverbrook@gmail.com]
Sent: Monday, July 07, 2014 4:45 PM
To:• Theresa White
Subject: Light Maintenance District
Proposed expansion of light maintenance district.
On behalf of both the residents and the developer of Silverbrook Estates I would like to express our opposition to this proposal. During the initial zoning
and annexation into the City we were told that in exchange for our installing, maintain and paying the power bill on our street lights that there would be
no future assessments. We have a hard time understanding the City's logic considering we spend an average of $750 per month on power usage, and
another $6,000 annually for bulb replacement and light maintenance or about $15,000 annually. We would gladly pay the assessment if the City were
willing to assume these costs. The city is looking to generate a total of $4,275 annually from Silverbrook's phase 1 with this proposal. Silverbrook
currently has approximately 50 lots developed in our phase 1 leaving over 200 lots undeveloped. You are proposing to generate revenues from some
200 plus lots that have absolutely zero impact on lighting anywhere in the city.
We encourage the members of the council to reject this proposal and look for a better revenue source.
Thank you.
Silverbrook Realty, LLC
115 West Monture Ridge
Kalispell, MT 59901
a 406-871-5000