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08/15/05 City Council MinutesREGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD AT 1 .M. MONDAY, AUGUST 15, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MON ANA, MAYOR PAMEIA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM A KINSO , KAM GA RIEL, BOB HAFFERMAN, BOB H RRoN, RANDY KENYON, T M KLUESNER, DUANE LARSON, AND HANK O SON WERE PRESENT. Also present: City Manager James Patrick, City Attorney Charles Haral, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jinn Hansz, Parks and Recreation Director Mike Baker, Police Chief Frank Garner, Kalispell Senior Planner Narda Wilson, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A, AGENDA APPROVAL Kenyon moved approval of the Agenda. The motion was seconded. Where was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes tes — Re nlar Meeting Au st 1. 2oo5 2. ordinance 1547 — Initial Zoni -, Robert and Glenda Brown — 2nd eadln Robert and Glenda Brown have requested are initial zoning designation of R- , Two -Family Residential, on approximately one half of an acre located on the .northwest corner of 7th Avenue West, north of Sunnyside Drive. ordinance 1.547 passed on first reading August 1. . ordinance 154 Planned Unit Development — Westwood Park Snhdi ion — 2nd Read ire This is a request for a PUD on property zoned RA-1. to allow a 3-lot residential subdivision located at the northern terminus of Corporate Way between Two Mile Drive and Highway 2 West concurrent with Westwood Park Subdivision. ordinance 18 passed on first reading August 1.. 4. Approving Ever Teen Sever Rates for Fiscal Year Zoo - oo Evergreen Sewer District's FY2006 rate is based on the C ty's operational expenses for FY 2005 prorated at the percent of usage based on meter readings at the lift station and the wastewater treatment plant. Kenyon moved approval of the Consent Agenda. The motion was seconded. Hafferman suggested that in the future, the City get input from the Evergreen sewer hoard prior to the rates coring before the Council. Kalispell City Council Minutes August 15, 2005 Pa gge I The 'notion carried unanimously upon roll call vote. CI STUDENT ISSUES None. .PUBLIC COMMENT Art Mittor, 809 4 Ih ,Avenue West, thanked the Council for getting rid of the weeds on 101 Street and th, but described some more geed patches in the City that need to be taken care of. He asked if the Daily Interlake could pat a photo or the knap weed on the front page so that people would be aware o ghat it looks like. He also stated that it City staff would tale a 0 pay decrease, it would save the taxpayers money. E. REPORTS RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION 1. RESOLUTION 5034 — BUDGET RESOLUTION — ANNUAL R R►. oNS This resolution sets the annual appropriations for the City of Kalispell as set forth in the 2005-2006 budget. Larson moved Resolution 5034, a resolution setting the annual appropriations for the City o Kalispell, Montana, as set forth in the 2005-2006 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report and answered questions. He stated this budget contains 22 million dollars in capital improvements, which include 12 million to the wastewater treatment plant expansion, million for the new fire station, 2 million for the airport, L4 million for the Wells Fargo building, 3 Dill on in the water fund for new reservoir and other improvements, and a $ 00,000 grant for the Head Start building. He said minus the capital improvements, there is only an 18 increase which i due mostly to increases in people due to an increase in growth. Patrick explained a healthy growth for a city is around year whereas we are growing at approximately % year. Haffennan commented he will vote no on the budget proposal. He said the staff memo didn't contain a comparison between the reviewed preliminary figures and the final budget figures and asked that those comparisons be provided in the future. He said there's money in the budget for projects that won't be completed this year and the problem with that is it gives the staff "authority to spend up to the total amount without constraints". Hafferman said he is opposed to any airport spending -until the 'AA, requirements are satisfied and he's opposed to the Wells Fargo purchase because it is bondage for our children to live with. He Finished by stating this budget should have had closer public scrutiny and asked that in the store a workshop be held to make the budget presentation more user friendly to the public and to the Council. Atkinson spoke in favor or the resolution. He stated we need a proactive government that addresses the growth and does not turn a blind eye to it and this budget accommodates the growth we're seeing right now. Atkinson said the bottom fine on a budget changes depending; on the capital expenditures and he reels the capital expenditures planned are necessary and the money needs to be appropriated. Kalispell City Council Minutes August 15, 2005 Page 410 If it's not needed, then itwon't e spent. He encouraged the Council to vote in favor of the budget resolution, stating the staff is acting responsibly. He added, however, that he agrees that there needs to he more public involvement in the budget process. Larson spoke in favor of the resolution, stating many of the increases relate to planning ahead and the City needs to plan ahead. .l esner commented that he did some math with his own taxes and the City portion of his tax bill has gone up 3 .9 over the past 5 years. He said 33 of his tax bill will he going; to the City of Kalispell, compared with a homeowner in Billings paying; only %. He said he just doesn't feel comfortable with this budget, stating he doesn't agree with the purchase of the Wells Fargo building-, he doesn't think we need to add so many employees, and he's concerned that there's no capital improvement plan. Larson rebutted that a lot of the tax increase is due to projects the public approved .such as the new fire station and the new high school. Olson noted the budget is confusing, but he feels the Council. should go forward. He said work needs o continue to push the legislature to allow cities like Kalispell to imp ement a bed" tax that would generate income and .help pay for the growth. Kenyon stated the fact is that growth and change are expensive and until there's a ground swell of pubic sentiment that leads to a change on how this Council addresses growth, then we're going to have to live with this, Gabriel said she also wishes the public bad core to budget workshops because they were helpful to her. She said she feels the Council has done its due diligence and she's surprised the budget isn't even higher with a growth rate of 6%. Herron stated he is frustrated because the budget process is confusing and he feels there is a lack of Council control. He said residential growth doesn't pay for itself, and small groups of people have stopped some good commercial projects that would have helped. Herron criticized the purchase o the 'wells Fargo building and the money appropriated for remodeling. He said he's concerned with the budget amount and is frustrated with the process. Speaking in Favor of the budget, Mayor Kennedy stated she is proud of the quality of services the City offers the residents and our quality of life is something that we can all he proud of. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon., Larson, Olson and Mayor Kennedy voting in favor, and Hafferman, Herron and Kluesner voting against. F , RESOLUTION 5035 — BUDGET RESOLUTION — ANNUAL TAX LEVIES This resolution sets the annual tax levies for the City of Kalispell for the fiscal year Zoo -200 . Atkinson moved Resolution 5035, a resolution makinii the annual tax levies for the City o Kalispell, Montana, for the fiscal year 20 -200 .'the motion was secondedS Kalispell City Council Minutes August 15, 2005 Page Patrick gave a. staff report and answered questions. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and Mayor Kennedy voting 'in favor, and Hafferman, Herron, and Klesner voting against. E 3. RESOLUTION 5036 — BUDGET RESOLUTION — SPECIAL LIGHTING DISTRICT This resolution levies an assessment for the cost of lighting the streets and alleys in the City of . l ispell' s Special Lighting District for the fiscal year 2 5 --200 . Kenyon moved Resolution 55036, a resolution levying an assessment for the cost of lighting the streets and alleys In the City Special Lighting District for the fiscal year Zoo -200 . The motion was seconded. Patrick gave a staff report. Where was no discussion. The motion carried unanimously upon roll call vote. E . RESOLUTION 5037 — BUDGET RESOLUTION — DECORATIVE LIGHTING SAC This resolution levies an assessment for the cost of lighting the streets in the City of Ka.lispel "s Downtown Decorative Lighting District for the fiscal year Zoo - oo6. Kenyon moved Resolution 5037, a resolution levying an assessment for the cost of lighting the streets in. the City Downtown Decorative Lighting District for the fiscal year 005-200. The notion was seconded. Patrick gave a staff report and answered questions. The motion carried upon roll call vote with Atkinson., Gabriel, Hafferman., Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Herron and Kln sner voting against. E , RESOLUTION 503 — BUDGET RESOLUTION — SOLID WASTE This resolution levies the cost of removal of garbage from streets and alleys for the fiscal year 200- 200 . Larson moved Resolution. 50381, a resolution to levy the cost of removal of garbage or other offensive ratter from streets, alleys or on any premises as a special tax against property from which such .ratter was deposited, and the disposition thereof. The motion was seconded# Patrick gave a. staff report and answered questions. The notion carried unanimously upon roll call vote* Kalispell City Council Minutes August 15, o Page E. RESOLUTION 50- BUDGET RESOLUTION — URBAN FORESTRY This resolution levies an assessment for the cost of urban forestry maintenance for the fiscal year 2005-2006. Atkinson moved Resolution 5039, a resolution levying an assessment for the cost of urban forestry maintenance ntenan.ce In the City for the fiscal year 2o5- oo .'the motion was seconded. Patrick gave a staff report. There was no discussion. The notion carried upon roll call vote with Atkinson, Gabriel, HatTerman, Herron, Kenyon, Kluesner, Larson. and Mayor Kennedy voting in favor, and Olson voting against. . RESOLUTION 5040 — BUDGET RESOLUTION — SPECIAL STREET MAINTENANCE This resolution levies the cost of maintaining the streets and avenues for the fiscal year 2005-2006. Kenyon moved Resolution Soo, 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 20-00. The motion was secndedf Patrick gave a staff report and answered questions. The motion carried unanimously upon roll call vote* E . RESOLUTION So l — BUDGET RESOLUTION — STORM SEWER MAINTENANCE This resolution levies assessments for the cast of storm sever maintenance for the fiscal year 2005- 200 . Gabriel moved Resolution 5041, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 05-200 . The motion was seconded. PatrIc1 gave a staff report and answered questions. The motion carried upon roll call vote with At inson, Gabriel, Hafferman� Herron, Kenyon Larson, Olson and Mayor Kennedy voting in favor, and K-lnesner voting against. E/9, RESOLUTION 5042 - BUDGET RESOLUTION - PARKING COMMISSION This resolution approves the annual appropriations of the Parking Commission for the fiscal year Zoo Zoo y Kalispell City Council Minutes August 1, 2005 Page Larson moved Resolution )042, a resolution setting the annual appropriation for the Parking Commission of the City of malls ell, Montana, as set forth in the 2005-2006 budget adopted by the City Council. The motion was seconded, Patrick gave a staff report and answered questions. The notion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Herron, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and K.lnesner voting against, 10# RESOLUTION 5043 — BUDGET RESOLUTION — HEALTH DEPARTMENT This resolution approves the levy request for the City -County Health Department for the fiscal. year 20o - 20 . Kenyon moved Resolution 5043, a resolution making the annual tax levies for the City o Kalispell, Montana, for the fiscal year Zoo - oo * The motion was seconded. 'atrik gave a staff report. There was no discussion. The notion carried unanimously upon roll call vote. E 11. RESOLUTION 5044 — BUDGET RESOLUTION — BUSINESS IMPROVEMENT DISTRICT BUDGET This resolution approves the annual appropriations for the Business Improvement t District for the fiscal year 2005-2006y Gabriel moved Resolution 5044, a resolution setting the annual appropriation for the BID (Business Improvement District) of the City of Kalispell, Montana, as set forth in the 2005- 2006 budget adopted by the City Council, The motion was seconded. Patrick gave a staff report. There was no discussion. The notion carried upon roll call vote with Atkinson, Gabriel, Ha Terman, Kenyon, Kl esner, Larson, Olson and Mayo- Kennedy voting In favor, and Herron abstaining. E2. RESOLUTION 50— BUDGET RESOLUTION — BUSINESS IMPROVEMENT DISTRICT MILL LEVY BUDGET This resolution adopts a levy to fund the cost of the easiness Improvement District for .fiscal year 2005 - 2o6 . Kalispell City Council Minutes August 15, 2005 'age Kenyon moved Resolution 5045, a resolution making the annual tax levy for the BID (Business Improvement District) of Kalispell, Montana, for the fiscal year 2005,2006 and levying a assessment for the .AID for riscal 00-200. The notion was seconded. Patrick gave a staff report and answered questions. The motion carried upon roll call vote with Atkinson,Gabriel, Ha Terman, Kenyon, Kluesner, Larson, Olson and Mayor Kennedy voting in. favor, and Herron. abstaining. .3. FINAL PST — LEISURE HEIGHTS PHASE This is a request for final plat approval of Leisure Heights Phase 2, a 32-lot residential single family subdivision on approximately 1.2 acres located on the east side of Willow Glen, north of Kelly Road. Larson m oved Counej*l accept the Su bd lvi ion Im rove rent A ,,regiment and approve the anal plat for Leisure Heights Phase 2. The motion was seconded. Wilson gave a staff report. Patrick answered questions concerning construction inspections. The motion carried unanimously upon vote. E 1. FINAL PLAT— GLACIER.VILLAGE GREENS PHASE 20 This is a request for final plat aP ro a.l of Glacier Village Greens Phase 20 that Plats five single family lots and 30 townhouse lots on approximately 5.5 acres located at the northern terminus of West Nicklaus Drive. Gabriel moved Council approve the final plat for Glacier Village Greens Phase 20. The motion was seconded. Wilson gave a staff report and answered questions. Olson happily noted this subdivision has sidewalks. Herron stated that this whole .project is a. good example of quality development. Larson agreed. The motion carried -unanimously upon. vote. E 1 RESOLUTION 5046 — GATEWAY WEST MALL PANG LOT PURCHASE Resolution 5046 authorizes the City, in partnership with the Flathead County Economic Development Corporation, to purchase approximately two acres of undeveloped land in the .northern portion of the Gateway West Mail development for additional parking. 'Kalispell City Council Minutes August 1. , 2005 Page Kenyon moved Resolution 5046, a resolution to authorize the City to partner with the Flathead County Economic Development .Authority to purchase real property 'in the Gateway west Addition No. 34 for the purposes of providingadequate parking for its tenants. The motion was seconded. Patrick gave a staff report and answered questions. Hafferman commented ented that this is private enterprise and they should be putting in their own parking lot. Olson stated that the Council agreed to the parking lot when the City entered into the lease agreement. The motion passed upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman, Herron and Kluesner voting against. E 1. . DSO. U ION 5047 — ESTABLISHING COMMUNITY CENTER CITIZEN GROUP This resolution establishes a. nine -member citizens advisory committee to make recommendations on regarding; the development of a community center. Gabriel moved Resolution 5047, a resolution to form an ad hoe Citizen's Advisory Committee to study the design, development and location of community recreation center within the City and to make recommendations to the City Council. The motion was seconded. Patrick gave a staff report. Mayor Kennedy noted the resolution states the committee will consist of nine members., She asked for a motion to change the number of members to "between nine and 12"'. Olson moved that Section I be amended to read: "The committee shall be made up of a maximum of thirteen city residents representing seniors, teens, downtown businesspersons and other interested city residents". The motion was seconded. The amendment passed unanimously upon vote. Haferman suggested the committee, in addition to the duties spelled out in the resolution, needs to develop a plan for operation and a method of fundraising. He also suggested they investigate why previous teen centers have failed and homer this center will be different from the current senior center. Herron commented if'the C1 ty Isn't careful we wi I I have a two mil I ion dollar project on our- hands by December and we need to male sure that the com-mittee understands the Council isn't necessarily going to automatically approve a community center. Kluesner suggested before anything is approved, the City establish a capital improvements plan. The main motion as amended passed unanimously upon roll call vote. Kalispell City Council Minutes .August 15, 2005 Page Mayor Kennedy expressed her condolences to the family and friends of Randy Mad reli, who was a special. friend to many of the disadvantaged in our community. Olson stated that maybe the budget process needs to be reworked since the Council has been working on it since May and it still received three "no" votes. He said those votes were a slap in the face t staff and maybe the Council needs to do a better job, possibly going back to committees. Patrick stated that the Preliminary fficia.l Statement has been issued for the airport bond sale and i available to review. G. ADJOURN The meeting was adjourned at 9:00 p.m. f ATTEST. - Theresa White City Glen: Approved September 6, 2005 Pamela B. Kenr6,d Mayor Kalispell City Council Minutes August 15, 2005 Page