04/21/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, APRIL 21, 2003, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY ]KENYON,
DUANE LARSON, FRED LEISTIKO, HANK OLSON AND JAYSON PETERS WERE
PRESENT.
Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa
White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Fire Chief Randy
Brodehl, Assistant Police Chief Roger Krause, Parks and Recreation Director Mike Baker,
Community Development Director Susan Moyer and Community Development Manager Sandy
Wheeler.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
AGENDA APPROVAL
Peters 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 - Regular Meeting April 7, 2003
Council Minutes — Special Meeting April 14, 2003
2. Award Bid — Self -Contained Breathing Apparatus — Fire Department
Four bids were received for self-contained breathing apparatus units for the Kalispell Fire
Department. The bids from L.N. Curtis & Sons, General Fire, Wheatland Fire and Oxarc
were opened April 9th. Staff recommended the bid be awarded to General Fire Apparatus,
Inc. of Spokane, Washington in the amount of $82,893.00.
3. Proclamation — Arbor Day — April 25, 2003
Atkinson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
Mark Hughes, DNRC, stated in November, 2003 the City of Kalispell will have had its tree
ordinance and street tree commission for 17 years. He presented Mayor Kennedy with the 2002
Growth Award plaque and the Tree City USA flag.
Mayor Kennedy presented the awards to Mike Baker.
Baker thanked his urban forestry crews for all of their hard work and announced that this year's
public tree planting will be held April 25th at the Elrod Elementary School starting at 2:30 p.m.
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April 21, 2003
Page 1
STUDENT ISSUES
Ryan Nalty, 181 Riverview Drive, Youth Advisory Council Communications Director, said
members of the youth council have several questions about the skateboard park and asked if they
could get involved in its design and operation. He asked about the possibility of lessons; who will be
monitoring the park; what drug control measures will be taken and asked if it's possible to have
teenage involvement with the design.
Ashley Hartigan, Parks and Recreation Office Aide, informed the Council that the City of Kalispell
has put together a team for the American Heart Walk to be held May 31 st. She said Mayor Kennedy
will be one of the "walkers" but additional participants are still needed.
Gary Wheeler, 413 Kings Loop, asked the Council to require businesses requesting financial
assistance to pay a fair wage. He said many businesses receiving financial aid create jobs that pay so
little that their employees are still eligible for public assistance, thus hitting the taxpayers twice.
Wheeler said he is not opposed to assisting businesses, but a living wage should be required and he
presented members with a proposed living wage ordinance from Missoula. (Ordinance is attached
and by this reference is made a part of the official record)
ORDINANCE 1449 — ZONING TEXT AMENDMENT REQUEST — KALISPELL
REGIONAL MEDICAL CENTER — 2ND READING
Kalispell Regional Medical Center has requested an amendment to the Kalispell Interim Zoning
Ordinance to change the sign standards in the H-1, Health Care, zoning district to better
accommodate the signage associated with the new hospital campus currently under construction.
Ordinance 1449 passed on first reading April 7th.
Larson moved second reading of Ordinance 1449, an ordinance amending Section 27.24.100 of
the Kalispell Interim Zoning Ordinance, (Ordinance No. 1439), by amending the sign
standards to allow additional signage in the H-1, Health Care District, and declaring an
effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1450 — PUD AMENDMENT — BUFFALO COMMONS — 2ND READING
Kalispell Regional has also requested amendments to the sign standards in the Planned Unit
Development Agreement between the City of Kalispell and the Medical Center for the Buffalo
Commons development. Ordinance 1450 passed on first reading April 7th.
Leistiko moved second reading of Ordinance 1450, an ordinance amending Ordinance No.
1226 (Planned Unit Development, Buffalo Commons) by amending the sign standards for the
medical/professional facilities pod, and declaring an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
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RESOLUTION 4780 — COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
PROGRAM (TABLED APRIL 7TH)
This resolution creates a revolving loan fund for small business retention and expansion. The fund is
intended to stimulate economic development activity and will assist businesses by making
appropriate long-term, fixed rate financing available at reasonable interest rates. On April 7, Council
postponed action on Resolution 4780 pending clarification of board appointments
Leistiko moved to remove Resolution 4780 from the table. The motion was seconded.
(Resolution 4780 reads: "A resolution to establish an Economic Development Revolving Loan
Fund for business retention and expansion and to create an economic development loan review
committee.")
Hafferman said the resolution reads "for business retention and expansion" and asked if the program
is only for existing businesses.
Kukulski answered it could be for any business, new or existing, as long as they meet the criteria.
Hafferman said if that's the case, then he wants to make an amendment because he's concerned
about creating a "lot more minimum wage jobs".
Hafferman moved an amendment to the first Whereas to read: "Rural Development and
CDBG Economic Development Block grant sources have funding available for the creation of
revolving loans funds for small business retention and expansion whieh may stimul
eeeftemie development aetivity by assisting the pr-i-vate seeter where a fund gap exists and —
or existing business
expansion and small businesses based upon wages and benefits paid': The motion was
seconded.
Moyer suggested a simple solution would be to add a "percentage" qualification; in other words
require that 50% or 75% of the jobs meet the Montana livable wage rate. She said the program
needs some flexibility in order for it to work.
Peters commented it appears this is a conversation that the Council should be having later with the
committee and this requirement should be discussed as part of their review process.
Moyer agreed, adding if there are two applicants being scored and evaluated on what they're going
to produce in our community and the number of people they'll be employing, one's going to outrank
the other and that's the one that's going to get funded.
Leistiko said the committee will be using the Policies and Procedures Manual when evaluating
applicants and that's where the Council should specify the requirements. He asked Moyer if she can
assure the Council that the policy being discussed this evening is included in the policies manual.
Moyer answered "very definitely".
Olson said he feels the policy should also be placed in the resolution. He said he could accept it
either way, but by placing it in the resolution the Council will know it's done.
Atkinson asked if Hafferman's amendment would be deleterious to the program.
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April 21, 2003
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Kukulski said his concern with the amendment is that someone could take it to mean that that is the
criteria, rather than just one of the criteria. He suggested that if a threshold is included in the
resolution, that the threshold is low and a percentage is given as Moyer suggested. Kukulski said the
committee needs guidelines, but also needs flexibility, and he's concerned the Council is trying to
come up with a requirement such as this "off the cuff'.
Atkinson agreed, stating that if the intent of the amendment will be addressed in the policies manual
then the Council should vote against the amendment and move ahead with the resolution.
Kenyon disagreed. He said if the Council is going to require this, then it should be in the resolution
rather than buried in the Policies and Procedures Manual. Kenyon said it rises above the level of
policy or procedure and the Council needs to be clear and let people know that if they want to come
to town or expand, we're not going to reward them by allowing them to have a bunch of low paying
jobs.
Mayor Kennedy asked if Kenyon believes that "based upon wages and benefits paid" is clear
direction.
Kenyon said maybe the amendment could be worded differently but it needs to be included in the
resolution.
Larson said he agrees with Hafferman and Kenyon philosophically, but he's at a loss as to the clarity
of the wording of the amendment and how it fits into the first Whereas.
Mayor Kennedy said it appears the Council is having a hard time putting this amendment into a
motion with clear direction, even though the staff is clearly hearing what the concerns are. She
suggested that the amendment be withdrawn and a new one offered, or the Council move forward
and vote on the motion as it stands.
Hafferman said it appears everyone is talking about the same thing but it's a matter of clarity. He
suggested the resolution be tabled.
Hafferman withdrew the amendment. The second concurred.
Larson moved to table Resolution 4780 to the May 5th meeting. The motion was seconded.
The motion carried upon vote with Peters voting against.
Mayor Kennedy asked that a revised resolution be presented to the Council at the work session April
28th.
Kukulski also asked if there are any other issues with the resolution the Council would like
addressed that they be put in writing and submitted to staff as soon as possible.
RESOLUTION 4781— PARKING COMMISSION APPOINTMENTS
This resolution clarifies who can be appointed to the Parking Commission and sets term limits.
Peters moved Resolution 4781, a resolution setting forth the composition of the Parking
Commission and qualifications and terms of its appointed commissioners. The motion was
seconded.
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Kukulski explained there was a slight change in Section II to read: "The currently appointed
commissioners shall remain as the duly appointed Parking Commission until the new
has been —appointed commissioners have been appointed. He said the resolution clarifies
commission appointments and allows not only City residents, but also City property owners, to be
members of the board. Kukulski said anyone interested in the Parking Commission needs to submit
an application by May 9th.
Mayor Kennedy read into the record Sections I and I1:
SECTION I. The Parking Commission shall be composed of five (5) members who
shall be electors of the City of Kalispell or own real property within the jurisdictional
area of the Parking Commission. They shall be appointed by the mayor with the
consent of the City Council for a term of four (4) years. The terms of the
commissioners shall be staggered and the mayor shall limit the terms of the first
members as follows: one (1) member's term will expire at the end of the first year;
one (1) member's term will expire at the end of the second year; one (1) member's
term will expire at the end of the third year; and two (2) members' terms will expire
at the end of the fourth year. After the initial appointments have been made all terms
shall begin May Pt.
SECTION II. The currently appointed commissioners shall remain as the duly
appointed Parking Commission until the new commissioners have been appointed.
Hafferman said the Council should follow the policy of past council's and require all members be
City residents. He said he feels that anyone who is in the position to influence taxpayers' money
should live in the City.
Kenyon stated he feels the critical issue isn't where they live, but whether they pay taxes in the
parking district.
The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against.
BOARD APPOINTMENT — BOARD OF ADJUSTMENT
One person applied for an opening on the Board of Adjustment. John Parsons has requested
reappointment to another three-year term.
Mayor Kennedy recommended John Parsons be reappointed to the Board of Adjustment.
Leistiko moved the Council accept the Mayor's recommendation and reappoint John Parsons
to the Board of Adjustment. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
BOARD APPOINTMENT — CONRAD MANSION
One application was received for a seat on the Conrad Mansion Board of Directors. Gayle Vidal is
requesting that she be reappointed to the board for another four-year term.
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Mayor Kennedy recommended Gayle Vidal be reappointed to the Conrad Mansion Board of
Directors.
Atkinson moved the Council accept the Mayor's recommendation and reappoint Gayle Vidal
to the Conrad Mansion Board of Directors. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
BOARD APPOINTMENT — POLICE COMMISSION
Four applications were received for a seat on the Police Commission for a three-year term. Letters of
interest were received from Joan Jellison, who is requesting reappointment, Don McCarthy, Richard
Sine and Terry Straabe.
Mayor Kennedy recommended Joan Jellison be reappointed to the Police Commission.
Larson moved the Council accept the Mayor's recommendation and reappoint Jean Jellison to
the Kalispell Police Commission. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Leistiko expressed concern about how far the Council will go while trying to manage the revolving
loan fund program through the resolution. He stated he feels confident the Council can make sure
everything it wants in the program is done through the Policies and Procedures manual.
Larson commented he'd like to see if it's possible to rewrite the resolution giving preference to
existing businesses, but he doesn't want new businesses excluded.
Moyer said the intent of the program is to mainly help existing businesses because they are the
City's "bread and butter".
Hafferman said he was under the impression the program was referring to existing businesses only,
but if it also includes new businesses then he's concerned about the wages.
It was agreed the resolution would be reviewed and presented to Council members at the work
session April 28th.
Olson commented there was a well written article in Saturday's Daily Inter Lake on growth in
different counties. He said the article stated the growth in Gallatin County has been a mixed blessing
because it's been great for business and job creation, but the demand on services outpaces their
ability to provide and pay for them. Olson said Kalispell also has similar growing pains and similar
problems and thought it was a very good article..
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Mayor Kennedy said she has received two letters from the Youth Advisory Council asking that
Sophia Tamberg be appointed to the board for the Hockaday Museum of Art and Sean Sullivan be
appointed to the Flathead City -County Health Department board. She said she approached the
Hockaday and they are eager to have Sophia as a member and she asked that the City's member on
the health board look into the possibility of appointing Sean as a member also.
Kukulski informed the Council that a firm has been hired by Kalispell Regional Medical Center to
clean-up some vacant lots in Buffalo Commons.
Kukulski clarified that utility rates are not going up $12.00 a month as stated in the newspaper. He
said rates for water, sewer and storm water will be increase by $1.10 the first year, $3.00 for the
second year, about $5.50 the third year, $8.00 the fourth year and $12.00 the fifth year. He said
these are the cumulative numbers and are not stacked each year.
Mayor Kennedy announced there will be a Mayor's Prayer Breakfast May 1 st starting at 6:15 a.m. at
the Outlaw Inn and tickets are available at the Christian Book Store.
ADJOURN
The meeting was adjourned at 8:15 p.m.
ATTEST:
Theresa White
City Clerk
Approved May 5, 2003
amela . K edy
Mayor
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