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08/16/10 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 16, 2010, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, TIM KLUESNER, DUANE LARSON, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. COUNCIL MEMBERS KAKI GABRIEL AND RANDY KENYON WERE ABSENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Finance Director Amy Robertson, Municipal Court Judge Heidi Ulbricht, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Atkinson moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Kenyon absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — August 2, 2010 2. Multi -Bank Securities, Inc. Investments Multi -Bank investments held on behalf of the City will now be processed by Pershing, LLC, replacing Refco, LLC. Staff requested authorization to have the City Manager, Finance Director, and City Treasurer as signatories. Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Kenyon absent. C. PUBLIC COMMENT Joe Unterreiner, Chamber of Commerce President, updated council on the Tourism Business Improvement District activities and introduced Diane Medler as the new director of the Kalispell Convention Center & Visitor Bureau. Diane Medler remarked she is excited to market Kalispell as a tourist destination. Kalispell City Council Minutes August 16, 2010 Page 1 Ben Umbriaco, 209 Hawthorne Avenue, thanked the Parks and Recreation Department for cleaning a defaced park in his neighborhood and requested extra patrols at the stop sign at Liberty and Hawthorne. D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION D/1. REJECT BIDS — FIRE STATION 61 RENOVATION Initially staff recommended the bids received from Hammerquist & Caselegno, Jackson Construction, and Swank Enterprises for the renovation of Fire Station 61 be rejected, however, Howington explained that following further review, staff is now recommending council authorize her to negotiate a contract with Swank Enterprises. Public Comment None. Ilafferman moved council award the Fire Station 61 bid to Swank Enterprises in the amount of $1,203,500. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel and Kenyon absent. D/2. ORDINANCE 1679 — INITIAL ZONING — EVERETT — 2ND READING Loren and Patti Everett have requested a zoning designation of R-3 (Urban Single Family Residential) on approximately one-third of an acre located at 1721 South Woodland Drive. Ordinance 1679 passed on first reading August 2. Mayor Fisher recused herself and President Larson took the chair. Public Comment None. Kluesner moved second reading of Ordinance 1679, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property more particularly described as a portion of Lot 22 of Block 1 of Greenacres Subdivision located within Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described on Exhibit "A", (previously zoned County R-2 (One Family Limited Residential)) to City R-3 (Urban Single Family Residential) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Kalispell City Council Minutes August 16, 2010 Page 2 There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. Mayor Fisher returned to her seat. D/3. RESOLUTION 5424 — WESTSIDE TIF DISTRIBUTION (TABLED MAY 17) Resolution 5424, distributing funds from the Westside Tax Increment Financing District, was tabled for three months at the May 17 meeting. Howington gave a report. Public Comment Marc Rold, 704 Sixth Avenue West, Chairman of the Urban Renewal Agency committee, gave a report on their first meeting and asked that the TIF distribution be postponed for an additional six months. Carol Nelson, 195 Arbour Drive, Vice Chairman of the Gateway Community Center Board, reminded council that they have applied for some of the TIF funds. She stated they are creating professional office space for non -profits that will be easy for residents to use, and this is a huge opportunity for the community. There was discussion. Resolution 5424 was not removed from the table. The question dies. D/4. RESOLUTION 5443 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — IMMANUEL LUTHERAN HOME REFINANCE AND BONDING Immanuel Lutheran Home has established a master plan for an expansion and would like to refinance their current bond through the City of Kalispell. A public hearing is scheduled for September 20. Harball gave a report and answered questions. Public Comment None. Saverud moved Resolution 5443, a resolution relating to issuance of Revenue Bonds the proceeds of which will be loaned to the Immanuel Lutheran Corporation for the refinancing of certain revenue bonds previously issued by the City of Kalispell and the financing of certain capital improvements to be made to the campus of Immanuel Lutheran Home located in the City of Kalispell; calling for a public hearing with respect to the issuance of such revenue Kalispell City Council Minutes August 16, 2010 Page 3 bonds; granting preliminary approval to the issuance of such revenue bonds; establishing compliance with certain reimbursement regulations under the Internal Revenue Code of 1986, as amended, and taking certain other actions with respect thereto. The motion was seconded. Saverud spoke in favor of the motion, but noted he will abstain from the vote because of his close involvement with Immanuel Lutheran. The motion carried unanimously upon roll call vote with Saverud abstaining and Gabriel and Kenyon absent. D/5. RESOLUTION 5444 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS This resolution sets the annual appropriations for the City of Kalispell for the 2010/2011 fiscal year. Howington gave a report and answered questions. Robertson answered questions. Public Comment None. Atkinson moved Resolution 5444, a resolution setting the annual appropriations for the City of Kalispell, Montana, for special revenue funds, debt service funds, capital project funds and proprietary enterprise funds as set forth in the 2010-2011 budget adopted by the city council. The motion was seconded. Hafferman remarked that he still has concerns about the city budget, but he will vote in favor because of the effort made to mend our financial fences and to follow the rules and regulations. He noted he is still concerned with various issues and said "he is not pleased, but he is hopeful". The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. D/6. RESOLUTION 5445 — BUDGET RESOLUTION — MILL LEVY This resolution sets the annual mill levy for the City of Kalispell for the 2010/2011 fiscal year. Robertson answered questions, explaining the mill levy is up 1/2 a mill this year. Public Comment None. Saverud moved Resolution 5445, a resolution making the annual tax levies for the City of Kalispell, Montana, for the Fiscal Year 2010-2011. The motion was seconded. Kalispell City Council Minutes August 16, 2010 Page 4 Hafferman commented that if the TIF districts did not exist, approximately $400,000 would be going into the general fund. Atkinson stated that TIFs increase the value of the community which in turn increases taxes. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. D/7. RESOLUTION 5446 — BUDGET RESOLUTION — URBAN FORESTRY This resolution levies an assessment for the cost of urban forestry maintenance for fiscal year 2010/2011. Public Comment None. Larson moved Resolution 5446, a resolution levying an assessment for the cost of urban forestry maintenance in the city for the Fiscal Year 2010-2011. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. This resolution levies the cost of removing garbage from streets and alleys for fiscal year 2010/2011. Public Comment None. Saverud moved Resolution 5447, a resolution to levy the cost of removal of garbage or other offensive matter from streets, alleys or on any premises as a special tax against property from which such matter was deposited, and the disposition thereof. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. D/9. RESOLUTION 5448 — BUDGET RESOLUTION — STREET MAINTENANCE This resolution levies the cost of maintaining the streets and avenues for fiscal year 2010/2011. Kalispell City Council Minutes August 16, 2010 Page 5 Public Comment None. Larson moved Resolution 5448, a resolution levying an assessment for the cost of special maintenance for the purpose of maintaining the streets and avenues of the City of Kalispell for the fiscal year 2010-2011. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. DOSTORM MAINTENANCE This resolution levies assessments for the cost of storm sewer maintenance for fiscal year 2010/2011. Howington answered questions. Public Comment None. Zauner moved Resolution 5449, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 2010-2011. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. D/11. RESOLUTION 5450 —BUDGET RESOLUTION —SPECIAL LIGHTING DISTRICT This resolution levies an assessment for the cost of lighting the streets in the City of Kalispell's Special Lighting District for fiscal year 2010/2011. Public Comment None. Atkinson moved Resolution 5450, a resolution levying an assessment for the cost of lighting the streets and alleys in the city special lighting district for the fiscal year 2010-2011. The motion was seconded. There was no discussion. Kalispell City Council Minutes August 16, 2010 Page 6 The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. D/12. RESOLUTION 5451— BUDGET RESOLUTION — BID This resolution sets the annual appropriations and the annual tax levy for the Kalispell Downtown Business Improvement District for fiscal year 2010/2011. Public Comment None. Larson moved Resolution 5451, a resolution setting the tax levy and annual appropriation for the BID (Business Improvement District) of the City of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council and levying an assessment for the BID for fiscal 2010-2011. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. This resolution approves the annual appropriations for the Parking Commission for the 2010/2011 fiscal year. Public Comment None. Zauner moved Resolution 5452, a resolution setting the annual appropriation for the parking commission of the City of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council. The motion was seconded. Atkinson noted the amounts in the memo and the budget resolution do not match. Robertson responded the memo is correct and an amendment is needed. Atkinson moved to amend the budget to $155,272. The motion was seconded. The amendment carried unanimously upon roll call vote with Gabriel and Kenyon absent. The main motion, as amended, carried unanimously upon roll call vote with Gabriel and Kenyon absent. Kalispell City Council Minutes August 16, 2010 Page 7 D/14. RESOLUTION 5453 — BUDGET RESOLUTION — CITY/COUNTY HEALTH '' , '. ,.. This resolution approves the levy request for the City/County Health Department for the 2010/2011 fiscal year. Public Comment None. Larson moved Resolution 5453, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2010-2011. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. E. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Howington updated council on Highway 93 North traffic issues. Mayor Fisher announced that she attended the Teen Driver Educational Event at Raceway Park, noting it is a great learning tool for young drivers. Hafferman asked that council begin receiving claims again. Saverud complimented Howington and the staff on this year's budget process and noted it was an extremely valuable teaching tool. Kluesner asked for a work session on the city's sewer line policies when homeowners have a problem. F. ADJOURN The meeting was adjourned at 8:30 p.m. Approved September 7, 2010 Theresa White City Clerk Kalispell City Council Minutes August 16, 2010 Page 8