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1. Council Minutes - Regular Meeting - August 20, 2012F-1 "m 016,111,PAk plin-1 WAYNE ,, 1 AND JEFF ZAUNER WERE PRESENT.COUNCILt. BOB HAFFERMAN WAS ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Captain of Detectives Jim Brendan, Public Works Director Susie Turner, Finance Director Rick Wills, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Gabriel moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Hafferman absent. Council Minutes — Regular Meeting — August 6 2012 2. Award Bid — South Meadows Drainage Improvements Project Phase 1 Three bids were received for this project from LHC, Inc., NCC Neumann Construction, and Sandry Construction. Staff recommended the bid be awarded to LHC in the amount of $676,405.39. 3. Award Bid — South Meridian Roadway Improvement Project Two bids were received for the South Meridian Roadway Improvement Project from LHC and Knife River. Staff recommended the base bid be awarded to LHC in the amount of $123,529.82, along with the additive bid item #1 in the amount of $48,084.22 contingent on attainment of required additional right-of-way. 4. Ordinance 1715 — Zoning Text Amendment — 2nd Reading This is a request from Red Lion Hotels Limited Partnership for a zoning text amendment to allow certain changes to existing electronic reader boards. Ordinance 1715 passed unanimously on first reading August 6. Atkinson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Hafferman absent. Kalispell City Council Minutes August 20, 2012 Page 1 None. The Sparrow Group is constructing a tax exempt three-story senior apartment building at the corner of Third Avenue East North and East Center Street. As part of the conditional use permit approved August 6, the Sparrow Group is required to enter into a payment in lieu of taxes agreement with the city. Russell gave a report and answered questions. Public Comment None. Mso"IMITT to approTe"T'rMl ITYRAI 1 1111 e III, It 'I, finalize the agreement between the City of Kalispell and the Sparrow Group. The motion W%-� seconded. Council Discussion Saverud verified that the payment amount will be recalculated each year. � I I I I III! I I I I I I I I I , I I I I I ITS III IT I I I I I I I 1! 11 I � 11111 1 10111 ill This resolution authorizes the issuance of water system revenue refunding bonds to refinance certain outstanding water system bonds. Russell gave a report and staff answered questions. Public Comment None. Saverud moved Resolution 5576, a resolution relating to First Amended and Restated Water System Revenue Bonds (DNRC Drinking Water State Revolving Loan Program); amending authorizing resolutions adopted March 5, 2001, June 4, 2007, and September 4, 2007, and bonds. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. Kalispell City Council Minutes August 20, 2012 Page 2 Resolution 5577 authorizes the issuance of sewerage system revenue refunding bonds to refinance certain outstanding sewerage system bonds. Public Comment None. Gabriel moved Resolution 5577, a resolution relating to First Amended and Restated Sewerage System Revenue Bonds (DNRC Water Pollution Control State Revolving Loan Program); amending authorizing resolutions adopted July 6, 2004 and October 15, 2007 and bonds. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. Resolution 5578 adopts a fiscal policy establishing a desired reserve fund of 20%. Russell gave a report and answered questions. Public Comment Chris Hall, 115 West Evergreen Drive, suggested that council use some of the reserve to help taxpayers who are in emergency situations. Kenyon moved Resolution 5578, a resolution adopting a formal policy for budgeting toward a specified unassigned fund balance in the general fund. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. The federal government now requires all municipalities issuing tax exempt notes to adopt a formal written tax compliance program. Russell gave a report and answered questions. Kalispell City Council Minutes August 20, 2012 Page 3 Public Comment None. Saverud moved Resolution 5579, a resolution approving tax compliance procedures relating to tax- exempt bonds. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. This resolution sets the annual mill levy for the City of Kalispell for the 2012/2013 fiscal year. Wills gave a report and answered questions, explaining taxes on a $200,000 home will increase approximately $30.00 per year. None. Atkinson moved Resolution 5580, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2012-2013. The motion was seconded. Council Discussion Kluesner commented that he doesn't feel good about raising taxes so he will vote against this. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Saverud, and Zauner voting in favor, Kluesner and Mayor Fisher voting against, and Haffer an absent. This resolution sets the annual appropriations for the City of Kalispell for the 2012/2013 fiscal year. Wills gave a report and answered questions. Public Comment None. Saverud moved Resolution 5581, 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 2012-2013 budget adopted by the city council. The motion was seconded. Kalispell City Council Minutes August 20, 2012 Page 4 None. The motion carried unanimously upon roll call vote with Hafferman absent. This resolution levies an assessment for the cost of urban forestry maintenance for fiscal year 2012/2013. Wills gave a report on all of the special assessments. Mayor Fisher requested that all remaining public comment be heard at this time. Chris Hall, 115 West Evergreen Drive, suggested that a city beautification group be formed to clean up the city and recommended instituting a 5% sales tax in order to raise revenue. Kenyon moved Resolution 5582, a resolution levying an assessment for the cost of urban forestry maintenance in the city for the fiscal year 2012-2013. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. This resolution levies an assessment for removing solid waste from city streets and alleys for fiscal year 2012/2013. Public Comment None. Kenyon moved Resolution 5583, 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. Council Discussion IQ rem The motion carried unanimously upon roll call vote with Hafferman absent. Kalispell City Council Minutes August 20, 2012 Page 5) This resolution levies an assessment for maintaining the streets and avenues for fiscal year 2012/2013 Public Comment None. Kenyon moved Resolution 5584, 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 2012-2013. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. This resolution levies an assessment for maintaining the storm sewer utility for fiscal year 2012/2013. None. Atkinson moved Resolution 5585, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 2012-2013. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. This resolution levies an assessment for maintaining the street lighting in the city for fiscal year 2012/2013. Public Comment None. Kenyon moved Resolution 5586, a resolution levying an assessment for the cost of lighting the streets and alleys in the city special lighting district for the fiscal year 2012-2013. The motion was seconded. Kalispell City Council Minutes August 20, 2012 Page 6 Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. This resolution sets the annual appropriations, work plan and annual tax levy for the Kalispell Downtown Business Improvement District for fiscal year 2012/2013. Public Comment None. Saverud moved Resolution 5587, a resolution making the annual tax levy for the BID (Business Improvement District) of Kalispell, Montana, for the fiscal year 2012-2013 and levying an assessment for the BID for fiscal 2012-2013. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. This resolution approves the annual appropriations and work plan for the Tourism Business Improvement District for fiscal year 2012/2013. Public Comment None. Atkinson moved Resolution 5588, 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 2012-2013 budget adopted by the city council. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. 1/15. RESOLUTION 5589 — BUDGET RESOLUTION — CITY/COUNTY HEALTH DEPARTMENT This resolution approves the levy request for the City/County Health Department for the 2012/2013 fiscal year. Kalispell City Council Minutes August 20, 2012 Page 7 None. Kenyon moved Resolution 5589, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2012-2013. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Hafferman absent. Russell updated council on a number of issues. Mayor Fisher noted there is a good pool of finalists for the 911 Center Director, with a Meet and Greet scheduled for August 21. Atkinson, responding to a comment regarding sales tax, stated that Montana as a whole voted a sales tax down years ago, and the legislature will not allow us to implement a local option sales tax. Guiffrida thanked planning staff for having an exhibit at the fair; it was a great opportunity for people to review the Core Area Revitalization Plan. The meeting was adjourned at 7:49 p.m. Theresa White City Clerk Kalispell City Council Minutes August 20, 2012 Page 8