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1. Council Minutes - Regular Meeting - August 15, 2011Also present: city Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Assistant Finance Director Rick mills, and Public works Director Bill Shaw. 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 secondel There was no discussion. The motion carried unanimously upon vote with Saverud absenj B, CONSENT AGENDA APPROVAL l . Council Minutes — Re ular Meetin — August, 1, 2011 Atkinson moved to approve the Consent Agenda. The motion was seconded, There was no discussion. The motion carried unanimously upon vote with Saverud absent. COMMENTC, PUBLIC Richard Kuhl, 867 forth Main, remarked he was driving down North Main and another golf ball came through his windshield. He stated he thought the Golf .Association was directed to work on a good neighbor policy with the residents on North Main and asked the council to talk to there again. Chad Graham, 105 Moes Run, commented when the city began receiving gaming revenue the monies were earmarked for street maintenance, but now the revenue is put into the general fund. He suggested the city return to that practice instead of enacting a retail transaction fee. This resolution sets the annual appropriations for the City of Kalispell for the 2011 /2012 fiscal year. Kalispell City Council Minutes August 15, 2011 Page 1 Howington gave a report and answered questions. JIM None. Atkinson moved Resolution 5513, 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 2011-2012 Budget adopted by the city council. The motion was seconded. . . . .................................. . ... Hafferman listed several concerns and criticisms with the budget, adding the annual appropriations should not be approved before each component. Howington emphasized the directors and staff have kept a tight rein on the budgets and that is how the city has been able to increase the reserves to one million dollars. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Saverud absent. RESOLUTION 5514 — BUDGET RESOLUTION — MILL LEVY This resolution sets the annual mill levy for the City of Kalispell for the 2011/2012 fiscal year. ............................. . . . . . None. Larson moved Resolution 5514, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2011-2012. The motion was seconded. Council Discussion Haffennan commented this resolution amounts to a tax increase and he will be voting against it. Atkinson stated he is a citizen of Kalispell and he is willing to pay between $12.00 and $35.00 dollars more a year to keep city services. There was further discussion and staff answered questions. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Saverud absent'. Kalispell City Council Minutes August 15, 2011. Page 2 'ibis ihis resolution levies an assessment for the cost of urban forestry maintenance for fiscal year 2011/2012. Oe MW None. f ffit mm -, ly upon roll call vote with Saverud absent,, - - - --------- . . . . . . .................................. . ... .. . . . ..................... ............ ... . . . . . . . . . .. . . ... ........................... This resolution levies an assessment for removing solid waste from city streets and alleys for fiscal year 2011/2012. Howington gave a report. IL 61 MW 11!:enyon moved Resolution 5516, a resolution to -levy the cost of removal of garbage or other �# ffensive 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. Council Discussion Hafferman remarked he will not vote in favor of this budget because it includes a rate increase. He commented the excessive number of public works administrative personnel needs to be addressed. There was discussion concerning the city's rate being lower than Evergreen's and staff answered questions. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Zauner and Mayor Fisher voting in favor, Hafferman voting against, and Saverud absent. Kalispell City Council Minutes August 15, 2011 Page 3 RESOLUTION 5517 — BUDGET RESOLUTION — STREET MAINTENANCE This resolution levies an assessment for maintaining the streets and avenues for fiscal year 2011/2012. Public Comment CO Larson moved Resolution 5517, a resolution an assessment for the cost of specia levyingl maintenance for the purpose of maintaining the streets and avenues of the City of Kalispell for the fiscal year 2011-2012. The motion was seconded. None. The motion carried unanimously upon roll call vote with Saverud absent. 1/6, RESOLUTION 5518 — BUDGET RESOLUTION — STORM SEWER MAINTENANCE . . . . . .. ............................... ... -------- ........................ This resolution levies an assessment for maintaining the storm sewer utility for fiscal year 2011/2012. None. Atkinson moved Resolution 5518, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 2011-2012. The motion was secondedO None. The motion carried unanimously upon roll call vote with Saverud absent, W/7. RESOLUTION 5519 — BUDGET RESOLUTION — SPECIAL LIGHTING DISTRICT This resolution levies an assessment for maintaining the street lighting in the City for fiscal year 2011/2012. Harball recommended amending Section H to add "...lighting of vacant land at 5 acres". Kalispell City Council Minutes August 15, 2011. Page 4 1 __._..----__................... ...` .. None. Atkinson moved Resolution 5519, a resolution levying an assessment for the cost of lighting the streets and alleys in the City Special Fighting District for the fiscal year 2011-2012 and amending Section II to read "...lightin.g of vacant land at 5 acres". The motion was seconded. Co uncil Discussion The motion carried unanimously RESOLUTION 5520 — BUDGET RESOLUTION — PARKING COMMISSION This resolution approves the annual appropriations for the Parking Commission for the 2011/2012 fiscal year. None. Kenyon moved Resolution 5520, a resolution setting the annual appropriation for the Parkirr!T he 2011-2012 budget adopted Commission Kalispell, Montana, .:. :. forth . :: by the city council. The motion was seconuea. None. The motion carried unanimously upon roll call vote with Saverud. absent. This resolution sets the annual appropriations, work plan and annual tax levy for the Kalispell Downtown Business Improvement District for fiscal year 2011/2012. Public Comment None. Larson moved Resolution 5521, a resolution making the annual tax levy and adopting the work plan for the BID (Business ImprovementDistrict) of Kalispell, Montana, for the fiscal year 2011-2012 and levying an assessment for the BID for fiscal 2011-2012. The motion was seconded. Kalispell City Council Minutes August 15, 2011. Page 5 Council Discussion None. The motion carried unanimously upon roll call vote with Saverud absent. This resolution approves the annual appropriations and work plan for the Tourism Business Improvement District for fiscal year 2011/2012. L 10rem 2Lenyon moved Resolution 5522, a resolution setting the annual appropriation and adopting the work plan for the Tourism Business Improvement District of the City of Kalispell, Montana, as set forth in the 2011-2012 budget adopted by the city council. The motion was seconded. Of,_ The motion carried unanimously upon roll call vote with Saverud absent. This resolution approves the levy request for the City/County Health Department for the 2011/2012 fiscal year. Public Comment None. Larson moved Resolution 5523, a resolution making the annual tax levies for the City of <:P Kalispell, Montana, for the fiscal year 2011-2012. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Saverud absent. Kalispell City Council Minutes August 15, 2011. Page 6 F This is a motion to approve the Evergreen Sewer District rate for FY 2011/2012. The rate is a portion of the operational expenses of the City wastewater treatment plant pursuant to a formula prescribed by interlocal agreement. Howington gave a report and answered questions. IRL. fft -0 Atkinson moved to approve the Evergreen sewer rate for fiscal year 2011-2012. The motion was seconded. Council Discussion None. L-rhe motion carried unanimously upon roll call vote with Saverud absent. IMPROVEMENT PLANS (NOT ACTED ON) D/14,, ORDINANCE 1701 — AMENDING KMC 11-3 — SOLID WASTE — FIRST READING This ordinance amends existing city legislation to comply with a recent amendment to state law removing the five-year moratorium for city solid waste services to annexed areas. Harball gave a report. Public Comment None. Gabriel moved first reading of Ordinance 1701, an ordinance amending the City of Kalispell Municipal Code regarding the collection of garbage within the city codified at Chapter 11 to reflect the change in state law recently enacted by the 2011 Legislature as Senate Bill 234 and assigned Chapter No. 301, declaring an effective date and authorizing the city attorney to codify the same. The motion was seconded. Several council members expressed concerns with removing the five-year moratorium. Kalispell City Council Minutes August 15, 2011. Page 7 Harball explained that just because the moratorium is removed it doesn't mean the city has to take over garbage pick-up to the areas now being serviced by Evergreen Disposal. Shaw agreed, adding the Public works Department and Evergreen Disposal have already discussed the issue and both entities have been working on a plan that will benefit each party. The motion carried upon roll call vote with. Atkinson., Gabriel, Kenyon, Kluesner, Larson, Zauner, and. Mayor Fisher voting In favor, Hafferman voting against, and Saverud absent. I i :.:....::. This is a request for an additional one-year extension of the preliminary plat for .Phases 19, 21, and the remainder of Phase 22 which would create 25 single-family lots and 34 townhouse lots located on the north side of the Glacier village Greens Subdivision. Howington gave a report. None. PhaseGabriel moved Resolution 5525, a resolution approving a one-year extension to M!i preliminary plat of Glacier r 221, Council Discussion None. The motion carried unanimously upon roll call vote with Larson and Saverud absent, Howington explained there continues to be a problem with people leaving large items, such as appliances, near dumpsters for disposal. Council asked the public works department to develop a plan to address the issue. Do,vington described the next two work sessions, which will be on the west Side TIF and a joint city/county meeting on the 911 center. Mayor Fisher noted she and Zauner met with the 911 center auditors and it was very informative. Kalispell City Council Minutes August 15, 2011 Page 8 Gabriel remarked she is concerned that Mr. Kuhl's car was hit by another golf ball and she feels the city or the Golf Association should pay for the damage. Mayor Fisher agreed the issue needs to be addressed by the Golf Association. Zauner asked for a work session regarding people parking their RVs, boats, and trailers on city streets for extended periods of time. Several council members thanked staff for their efforts to increase the reserves. The meeting was adjourned at 8:50 p.m. Theresa White City Clerk Kalispell City Council. Minutes August 15, 2011 Page 9