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06/07/10 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JUNE 7, 2010, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, AND JEFF ZAUNER WERE PRESENT. COUNCIL MEMBERS KARI GABRIEL AND WAYNE SAVERUD WERE ABSENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Assistant Fire Chief Dave Dedman, Assistant Finance Director Rick Wills, Information Technology Director Erika Billiet, Public Works Director Jim Hansz, Planning Director Tom Jentz, Building Official Jeff Clawson, Planner II PJ Sorensen, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, Airport Manager Fred Leistiko, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Saverud absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular MeetingMay 17, 2010 2. Award Bid — 2010 Kalispell Street Improvement Project (Moved to main Agenda as Item D/10) Mayor Fisher moved to place Item 2, the Award Bid for the 2010 Kalispell Street Improvement Project, on the main Agenda and approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Saverud absent. C. PUBLIC COMMENT Scott Davis, 448 5th Avenue West, read an article from the Daily Inter Lake on the city airport and noted that weeks ago he asked for various documents regarding the airport and he still has not received any information. Fred Hammel, 505 7th Avenue West, asked what we are gaining by annexing so much property. He said the whole thing is totally ridiculous and we should return to our roots. Kalispell City Council Minutes June 7, 2010 Page 1 D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION D/1. RESOLUTION 5433 — ADJUSTING IMPACT FEES FOR POLICE SERVICES Resolution 5433 adjusts the impact fees for all users creating additional demand on police facilities. Howington gave a staff report and Nasset answered questions. Public Comment None. Larson moved Resolution 5433, a resolution amending Resolution No. 5273 to adjust the police impact fee schedule to reflect an adjustment to the police capital improvement plan and the costs of construction and pursuant to the recommendations of the Impact Fee Committee. The motion was seconded. Council Discussion Hafferman remarked he was disappointed in staffs' presentation and is losing enthusiasm for impact fees because he feels the funds are being misused. He asked what the increase is based on and for staff to explain the difference between this latest report and the 2006 study. Hafferman said the council should table both resolutions until a revised methodology is presented. Atkinson noted this is not a yearly tax; it is a onetime fee paid only when a business goes on-line. Hafferman commented that council still needs a report that justifies the numbers. He said we don't have to adopt the rate that is the maximum, we can adopt a rate that we think is reasonable. Hafferman moved table Resolution 5433 until council receives a revised, justifiable report (tabled indefinitely). The motion was seconded. The motion carried upon roll call vote with Hafferman, Larson, Zauner, and Mayor Fisher voting in favor, Atkinson, Kenyon, and Kluesner voting against, and Gabriel and Saverud absent. D/2. RESOLUTION 5434 — ADJUSTING IMPACT FEES FOR FIRE SERVICES Resolution 5434 adjusts the impact fees for all users creating additional demand on fire facilities. Howington answered questions. Public Comment None. Kalispell City Council Minutes June 7, 2010 Page 2 Kenyon moved Resolution 5434, a resolution amending Resolution No. 5273 to adjust the fire impact fee schedule to reflect an adjustment to the fire capital improvement plan and the costs of construction and pursuant to the recommendations of the Impact Fee Committee. The motion was seconded. Council Discussion Hafferman commented that new equipment needs should be included in the Cost of Services report that staff attaches to annexation requests. He said the full amount of any purchase we make cannot be charged just to impact fees. Hafferman moved to table Resolution 5434 until council receives a revised, justifiable report (tabled indefinitely). The motion was seconded. The motion carried upon roll call vote with Hafferman, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor, Atkinson and Kenyon voting against, and Gabriel and Saverud absent. D/3. CONTRACT APPROVAL — SUMMITNET This contract allows the city to continue receiving internet access and connection to the State of Montana SummitNet network using Bresnan as the service provider. Billiet gave a staff report and answered questions. Public Comment None. Larson moved council authorize the City Manager to approve the contract with Montana SummitNet. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Saverud absent. D/4. ORDINANCE 1676 — INTERNATIONAL ENERGY CONSERVATION CODES— IST READING Effective March 26, 2010, the Department of Labor and Industry, Building Codes Bureau, adopted and began enforcing the International Energy Conservation Code, 2009 Edition. Jentz gave a staff report and answered questions. Clawson and Harball answered questions. Kalispell City Council Minutes June 7, 2010 Page 3 Public Comment Scott Davis, 448 5th Avenue West, stated he is all for codes because his builder tried to "mess him over" when he had his house built. He said residents need to be protected. Terry Kramer, Flathead Business Association president, detailed the history of the conservation codes and noted energy changes are good changes. He stated the entire building department could be de -certified if this is not adopted because it is part of the International Building Codes. He noted that the FBA supports adoption of this code and the ability of the building department to do inspections. Kenyon moved first reading of Ordinance 1676, an ordinance to amend Ordinance No.1516, adopting, by reference, the "International Energy Conservation Code", 2009 Edition, as the energy codes of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. Council Discussion Hafferman remarked he will vote in favor of this because of Kramer's presentation. Kluesner stated he is going to protest more infringement by the government by voting no for this. He said a lot of the requirements are simply common sense. Larson commented there are a lot of people who do not use common sense and they need the codes to tell them what to do. Mayor Fisher stated she supports the International Building Code. The motion carried upon roll call vote with Atkinson, Hafferman, Kenyon, Larson, Zauner and Mayor Fisher voting in favor, Kluesner voting against, and Gabriel and Saverud absent. D/5. RESOLUTION 5435 — URBAN RENEWAL AGENCY This resolution establishes an Urban Renewal Agency Board of Commissioners to act as an advisory board to the city council for the purpose of evaluating and proposing urban renewal plans and projects. Howington gave a staff report and answered questions. Harball answered questions. Public Comment Scott Davis, 448 5th Avenue West, asked council to consider recruiting committee members from their wards. Kalispell City Council Minutes June 7, 2010 Page 4 Terry Kramer, 3150 North Ashley Lake Road, said he would like the advisory commission to have enough authority to have public hearings, etc., and to draw from the community. Atkinson moved Resolution 5435, a resolution to establish an Urban Renewal Agency pursuant to Title 7 Chapter 15 Part 42 of the Montana Code Annotated to be known as the Kalispell Urban Renewal Board of Commissioners and to act as an advisory board only to the Kalispell City Council. The motion was seconded. Council Discussion Hafferman remarked he will vote for the establishment of the commission, but will ask to defer the appointments until board applications include more diverse candidates. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel and Saverud absent. D/6. APPOINTMENTS —URBAN RENEWAL AGENCY BOARD OF COMMISSIONERS Letters of interest for the URA board were received from Suzanne Faubert, Bill Goodman, Phil Harris, Terry Kramer, Tom Lund, Scott Mizner, Shannon Nalty, Karlene Osorio-Khor, and Marc Rold. White answered questions. Public Comment None. Council Discussion Kenyon agreed with Hafferman's comment that there should be more diversity on the board. Hafferman moved to remove the URA board appointments from the Agenda and postpone them for one month. The motion was seconded. Atkinson said rather than paying for an advertisement, he would like to see articles in the Daily Inter Lake and Flathead Beacon to garner more interest in the committee. Mayor Fisher noted she will consider writing a letter to the editor if there is no interest by the newspapers in writing an article. The motion carried unanimously upon vote with Gabriel and Saverud absent. Kalispell City Council Minutes June 7, 2010 Page 5 D/7. APPOINTMENT — PLANNING BOARD The city council, on May 7, appointed Stephen Johnston to the planning board. Unfortunately, Johnston does not live within the city limits. Jason Mueller, who also applied for appointment, does reside in the city and staff recommended Mueller be appointed to the board in place of Johnston. Public Comment None. Mayor Fisher recommended that Jason Mueller be appointed to the planning board. Larson moved council accept the Mayor's recommendation and appoint Jason Mueller to the planning board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Saverud absent. D/8. APPOINTMENT — REVOLVING LOAN COMMITTEE Annegret Pfeifer has resigned from the Economic Development Revolving Loan Fund Committee and staff recommended the city council appoint Craig Woods to take her seat. Public Comment None. Mayor Fisher recommended that Craig Woods be appointed to the Revolving Loan Committee. Atkinson moved council accept the Mayor's recommendation and appoint Craig Woods to the Revolving Loan Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Saverud absent. D/9. BUSINESS REGISTRATION PROGRAM Staff requested direction concerning a proposed ordinance establishing a Business Registration Program. Howington gave a staff report and answered questions. Kalispell City Council Minutes June 7, 2010 Page 6 Public Comment None. Larson moved that staff be directed to bring forward the proposed ordinance for a Business Registration Program. The motion was seconded. Council Discussion Hafferman questioned whether a public hearing should be held because he feels this is an increased tax. He asked for an explanation and examples of the "public safety" reasoning behind the business registration program and speculated whether this is just a search for more money to keep staff busy. Larson responded this program would not be revenue generating, but would address several public safety issues with police and fire when responding to home -based businesses. Zauner and Kenyon agreed with Larson. Zauner said the program shouldn't be a funding source, but rather a control mechanism. Kluesner remarked he will not support the hiring of additional staff to run the program and suggested a work session be scheduled prior to council action. Larson moved a friendly amendment directing staff to schedule a work session on the proposed ordinance for a Business Registration Program. The second concurred. There was no objection. There was discussion. The motion carried unanimously upon vote with Gabriel and Saverud absent. D/10. AWARD BID —2010 KALISPELL STREET IMPROVEMENT PROTECT (Removed from Consent Agenda) Three bids were received for road improvements using federal stimulus monies. Knife River, LHC, and Schellinger submitted bids on May 25 and staff is recommending the contract be awarded to LHC in the amount of $448,564.80. Hansz gave a staff report and answered questions. Public Comment None. Larson moved council award the bid for the 2010 Kalispell Street Improvement Project (11th Street East and 3rd Avenue East North) to LHC in the amount of $448,564.80. The motion was seconded. Kalispell City Council Minutes June 7, 2010 Page 7 Council Discussion Mayor Fisher said she has concerns with spending $100,000 on the 3rd Avenue East North project and she would be more inclined to split the bid and approve Schedule 2. Kluesner disagreed. He said 3rd Avenue East North is in really bad shape and needs to be taken care of because it is an extremely busy street. The motion.carried upon roll call vote with Atkinson, Hafferman, Kenyon, Kluesner, Larson, and Zauner voting in favor, Mayor Fisher voting against, and Gabriel and Saverud absent. E. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Howington, responding to Davis' public comment, explained that his records request concerning the airport is on her desk, but some of the information is not in a reportable form and it is time consuming to check everything. Howington also addressed concerns that the fire department has reduced ambulance service and are not able to provide responses outside of the city limits. She said a review of the matter revealed that since January, there have only been 10 days where a second emergency ambulance was not available. Mayor Fisher informed the council that she and Howington met with the county commissioners about partnering with the city on various projects, including a septiage receiving station and recycling program. Mayor Fisher said that she and Howington also met with officials from the Flathead Valley Community College, who would like to work with the city on ways to enhance their programs. Kenyon asked for a future discussion concerning "scoping" residential sewer lines and whether the scoping is "troubleshooting" or "maintenance". Larson asked for an update on the Freedom House and whether they have applied for a conditional use permit. When informed they have not, Larson said the city needs to force the issue because the neighbors are in need of answers. Kluesner asked that something be done about the way the picnic tables are chained at Woodland Park. He stated the chains are a tripping hazard and someone is going to be seriously hurt. F. ADJOURN The meeting was adjourned at 9:40 p.m. Approved June 21, 2010 �e Theresa White City Clerk Kalispell City Council Minutes June 7, 2010 Page 8