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08/19/02 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 19, 2.002, IN THE COUNCIL CHAMBERS AT 'CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL 'MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER DON COUNSELL WAS ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Community'Development Director Susan Moyer, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Police Chief Frank Garner and Public Works Assistant City Engineer Dick Amerman. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Special Meeting July 22, 2002 Council Minutes - Regular Meeting August 5, 2002 2. Award Bid Buffalo Hill Standby Generator Project Two bids were received for the replacement of the emergency generator and switch gear in the water production system at Buffalo Hill. Nelson Electric submitted a bid of $217,299.00, with Pavlick Electric bidding $223,700.00. Staff recommended the bid be awarded to Nelson Electric. 3. Reject Bid - Buffalo Hill Water System Telemetry Two bids were received for replacement of obsolete telemetry and control equipment in the water production system. Technical Systems bid $147,606.00 and Terrex Industries bid $122,000.00. Both bids greatly exceeded the available budget and the engineer's estimate. Staff recommended both bids be rejected. 4. Council Recognition - Retirement - Assistant Police Chief Jim, Brown Kalispell City Council Minutes August 19, 2002 Page 1 5. Council Recognition - Assistant Police Chief Promtion - Detective Lieutenant Roger Krauss Leistiko moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. STUDENT ISSUES None HEAR THE PUBLIC Dr. William Jones, DDS, 340 West Center Street, said he's responsible for organizing the initiative for fluoridating Kalispell's municipal water system and outlined the main reasons for fluoridation. He asked the Council to place the issue before the voters this November, instead of November, 2003. Martha Bisharat, Dental Hygienist and President of the Montana Dental Hygienists Association, spoke in support of the fluoridation initiative, stating oral health is an important component of overall health. Jodi Lindemann, Dental Hygienist, also spoke in support of fluoridation. ORDINANCE 1434 - INITIAL ZONING - OLE'S COUNTRY STORE - 2ND READING This is a request for a B-2, General Business zoning designation on approximately 1.5 acres located on the southeast corner of Highway 93 and West Reserve Drive. Ordinance 1434 passed on first reading August 5th. Atkinson moved second reading of Ordinance 1434, an ordinance to amend Section 27.02.010, Official Zoning Map, City .of Kalispell Zoning Ordinance, (Ordinance No. 1175), Ole's Country Store, described as Assessor's Tract 3EB located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County B-1, Neighborhood Professional Business) to City B-2 (General Business), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded. There was no discussion. Kalispell,, City Council Minutes August 19, 2002 Page 2 The motion carried unanimously upon roll call vote. ORDINANCE 1435 - ESTABLISHING PERMANENT CITY PLANNING BOARD - 2ND READING This ordinance changes the status of the Kalispell City Planning Board and Zoning Commission from interim to permanent. Ordinance 1435 passed on first reading August 5th with an amendment changing the termination dates for Bill Rice, Mark Brechel and Jean Johnson from April 30, 2003 to December 31, 2002. Larson moved second reading of Ordinance 1435, an ordinance making the existing interim Kalispell City Planning Board and Zoning Commission a permanent entity. The motion was seconded. There was no discussion. The motion as amended carried unanimously upon roll call vote. ORDINANCE 1436 - MOUNTAIN VIEW PLAZA PLANNED UNIT DEVELOPMENT AGREEMENT ADDENDUM - 2ND READING This addendum amends Section 2.03 of the Mountain View Plaza PUD, which requires Crosswell Development LLC to provide the City with a two acre fire station pad. Ordinance 1436 passed on first reading August 5th. Peters moved second reading of Ordinance 1436, an ordinance amending Ordinance No. 1380 (Planned Unit Development, Crosswell Development LLC) by amending Section 2.03(D), Uses, and declaring an effective date. The motion was seconded. Hafferman said he will be voting against this ordinance. He suggested that the City require Crosswell to purchase alternate property for the fire sub -station and do a trade. Hafferman said he would like to see, the sale postponed and a trade negotiated. Atkinson said that's an excellent idea and would be fine if the site on the Crosswell property was a prime piece of land. He said unfortunately it's not and this sale is advantageous to both the City and Crosswell Development. Mayor Kennedy spoke in favor of the ordinance, stating the property has not been deeded to the City and the City hasn't found a new site location yet.. Kalispell. City Council Minutes _ August 19, 2002 - Page 3 <4 r The motion carried upon roll call vote with Atkinson, Kenyon, Larson, Leistiko, Peters and Mayor Kennedy voting in favor, and, Hafferman voting against. RESOLUTION 4738 - FLUORIDATION ELECTION This resolution would place an initiative to fluoridate Kalispell's water on the November 5, 2002 General Election. Leistiko moved Resolution 4738, a resolution calling for a special election on the questions of fluoridating the municipal water supply system of the City of Kalispell, to be held in conjunction with the general election the 5th day of November, 2002. The motion was seconded. Olson asked Dr. Jones why anyone would object to fluoridation. Dr. Jones said mainly because of the cost issue and fear. Kenyon asked if he feels the public is well enough informed to vote on the issue this November. Dr. Jones stated he feels debate will degrade over a period of time. He said he feels the two plus months will be adequate to get all of the information out to the public. Hafferman spoke about instances of fluoridation problems in other areas and urged the Council to "stay away from this issue". He asked the Council to let the petition process run it's course and asked the staff to provide information on how much it would cost to implement fluoridation and the annual maintenance costs. Peters agreed the Council and the public needs more information on the costs of fluoridation and he doesn't feel comfortable enough at this time to make a decision. The motion carried upon roll call vote with Atkinson, Kenyon, Larson, Leistiko and Mayor Kennedy voting in favor, and Hafferman and Peters voting against. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski informed the Council that a work session has been tentatively scheduled for August 28 with the consultants for the Aquatic Facility. Kalispell -City -Council Minutes. - - -,August 19,2002 Page 4 Larson presented members with a summary report; on the, special legislative session from Alec Hanson, the Executive, Director for the Montana League of Cities and Towns. (Summary is attached and by this reference is made a part of the official record) ADJOURN The meeting was adjourned at 7:45 p.m. ATTEST: Theresa White City Clerk Approved September 3, 2002 Pamela B. Aebfied Mayor Kalispell;.City-Council, Minutes August 19, 2002 Page 5- Special Session of the Legislature The Legislature met in Special Session August 5-10 to patch a $57 million hole in the state general fund. The budget was balanced after six days in hell through a combination of spending cuts and fund transfers, but good to know that all of the financial slashing and shuffling did not touch cities and towns. The League focused on the following three bills during the Special Session: Senate Bill 10 would have suspended the 3% growth rate in the local government entitlement program. The measure would have reduced payments to cities, towns and counties by more the $12-million over the next three years. It would have left local government budgets so far behind that they would never have caught up in the race with inflation. The League and representatives of counties and other cities argued that the entitlement program, which was approved by the Legislature in, April of 2001, was a trust agreement between the state and local governments that should not be abrogated by the Legislature. Cities also pointed out that the state is earning a profit on the program because of accounting accruals and the accurate projection of gambling and motor vehicle taxes and other local revenues that were transferred into the general fund. The bill was tabled by a unanimous vote in the Senate Taxation Committee. Senate Bill 13 was intended to clarify a break that was given to computer software in a . 1999 law that generally exempted intangible property from taxes. This law reduces state, local government and school district levy revenues by more the $14-million a year, which is substantially higher than the amount estimated in the fiscal note. SB-13 would have cut the losses by $8-million. The issues involved in the taxation of intangible property were a knot of administrative rules and assessment procedures. It was not practical to deal with all of these complications in the time available last week. The bill was tabled in the Senate Taxation Committee. House Bill 18 made technical corrections in the Local Government Entitlement Law. It reduced the growth rates for counties and consolidated governments to the percentages agreed to by the 2001 Legislature. It also adjusted the formula used to reimburse schools for motor vehicle revenues that were transferred to the state. The growth rate for cities and towns was held at 3% in accordance with the intent of the original law. The bill boosts state revenues by more than $4-million this fiscal year without affecting municipal budgets. An attempt was made on the final day of the special session to penalize local governments that pass ordinances or resolutions that diminish the flow of gambling taxes or other revenues that now go to the state under the provisions of the "Big Bill". The financial coercion implicit in this bill was aimed at Helena and the smoking ban the city enacted by initiative in June. The Senate rejected this amendment Saturday morning by a 28 to 20 margin. The Special Session was quick and deadly. Cities and towns suffered no damage, but these six summer days are an omen of the wicked things waiting for all levels of government next winter when the budget deficit is expected to be more than $200 million. There doesn't seem to be enough money to go around in Montana, and the Legislature is going to have to raise taxes, raid trust funds or ravage agencies and programs to balance the budget for the next biennium.