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1. City Council Minutes July 06, 2009A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JULY 6, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, AND HANK OLSON WERE PRESENT. COUNCIL MEMBER WAYNE SAVERUD WAS ABSENT. Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Acting Fire Chief Dan Diehl, Public Works Director Jim Hansz, Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Human Resources Director Terry Mitton, Information Technology Director Erika Hess, Acting Economic and Community Development Director Katharine Thompson, Senior Planner PJ Sorensen, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPRO VAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Saverud absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — June 15, 2009 2. Council Minutes — Special Meeting — June 29, 2009 3. Award Bid — Asphalt Overlay Project Three bids were received for the 2009 Asphalt Overlay Project from LHC ($314,314.78), Knife River ($293,210.10), and Schellinger ($307,782.50). Staff is recommending the bid be awarded to Knife River. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Saverud absent. C. STUDENT ISSUES None. Kalispell City Council Minutes July 6, 2009 Page l D. PUBLIC COMMENT Janet Clark, Business Improvement District board member, stated last week's Thursday! Fest was a resounding success and thanked the council for its support. She invited everyone to attend one of the eight remaining Thursday!Fests. Mickey Lapp, 160 Kelly Road, said hopefully the new city manager has a handful of magic beans, otherwise, citizens may have to change the face of the council come November. Todd Snarr, 210 River Place, complimented Kluesner and Hafferman regarding their budget concerns and stated he called other cities regarding their city manager's salary and most of them don't pay as much as we are going to. He remarked he is concerned about the manager's personal use of a city vehicle and asked council to observe what is going on in this community. Rosie Olson, 320 Two Mile Drive, #207, commented that Woodland Park is a disaster area with trash by the big pavilion, but the kids are doing a much better job cleaning up the skate park area. E. PUBLIC HEARING — ANNEXATION — WHOLLY SURROUNDED PROPERTIES Sorensen gave a staff report concerning the annexation of several small properties which are wholly surrounded but have not been annexed. Mayor Kennedy opened the public hearing. Proponents None. Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/l. RESOLUTION 5373 — ANNEXATION — WHOLLY SURROUNDED PROPERTIES Resolution 5373 annexes nine pieces of property which have historically been shown as being in the city, but were determined to be outside following a GIS review. Kenyon moved Resolution 5373, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, certain tracts of land, more particularly described in Exhibit "A", and declaring an effective date. The motion was seconded. Kalispell City Council Minutes July 6, 2009 Page 2 Sorensen and Hansz answered questions. Hafferman commented this is an incomplete resolution because it has no extension of services plan which must be provided on wholly surrounded properties. He said he will not vote for it because it does not include a plan on how we are going to provide future services and therefore is not in accordance with State law. Harball responded that the Extension of Services Agreement was updated in 2004 and services are readily available to all of the properties. Hafferman stressed that we need a written extension of services plan on the specific issues before we vote on this. There was further discussion regarding the extension of services plan and who would have to pay to extend services to homeowners who currently have wells and septic systems. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, Hafferman voting against, and Saverud absent. F/2. ORDINANCE 1665 — CIVIL INFRACTION — TAMPERING WITH CITY WATER UTILITY PROPERTY —1ST READING Currently individuals who tamper with or make unauthorized connections to the city's water utility can be charged with a misdemeanor. Ordinance 1665 changes the offense to a civil infraction. Larson moved first reading of Ordinance 1665, an ordinance amending Kalispell City Code 26-9 to decriminalize the enumerated violations of tampering with city water utility property, making such violations civil infractions and declaring an effective date. The motion was seconded. Harball gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Saverud absent. F/3. ORDINANCE 1666 — CIVIL INFRACTION — COMMUNITY DECAY — 1ST READING Currently community decay violations such as noxious weeds, junk vehicles, etc. are charged as misdemeanors. Ordinance 1666 changes these violations to civil infractions. Kenyon moved first reading of Ordinance 1666, an ordinance amending Kalispell City Codes 10-9, 11-17, 11-28 and 19-36 to decriminalize the enumerated violations regarding the keeping of combustible debris upon premises, the keeping of noxious weeds upon premises, the Kalispell City Council Minutes July 6, 2009 Page 3 maintaining of community decay upon premises and the keeping of junk vehicles upon premises, making such violations civil infractions and declaring an effective date. The motion was seconded. Harball gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Saverud absent. F/4. RESOLUTION 5374 — PAYMENT IN LIEU OF TAXES POLICY This resolution establishes a policy concerning payments in lieu of taxes for entities that are otherwise exempt from paying city property taxes. Atkinson moved Resolution 5374, a resolution establishing the policy of the City of Kalispell that the city shall require an agreement of Payment in Lieu of City Taxes (PILT) between the City of Kalispell and any non-profit entity receiving a tax exempt status from the State of Montana when that entity competes directly with local property taxpaying entities and seeks services from the City of Kalispell requiring a building permit for new construction that creates additional enclosed space. The motion was seconded. Webb gave a staff report and answered questions. Mayor Kennedy noted she is concerned with the use of the word "shall" in the agreement; it does not give council leverage to determine there won't be a payment required. Harball explained the language requires staff to negotiate an agreement, not a dollar amount, and then the agreement must come before council. Kluesner agreed with Harball, stating "shall" means there will be an agreement. He said the council could decide that amount is a dollar if it wants to. Hafferman said he also feels the language is adequate and provides flexibility. Mayor Kennedy remarked she is still concerned with the wording. There was discussion regarding non -profits competing with for -profit businesses. Olson commented he would like to see a "change of use" also included, not just new construction. Kluesner agreed. Harball stated that would be harder to implement as the PILT is triggered by a building permit application. Kalispell City Council Minutes July 6, 2009 Page 4 Mayor Kennedy suggested the council pass this resolution now and place the issue on a work session for further discussion. There was no further discussion. The motion carried unanimously upon roll call vote with Saverud absent. F/5. FINAL PLAT — SILVERBROOK ESTATES PHASE lA This is a request for final plat approval of Silverbrook Estates Phase 1A which includes 178 single- family residential lots located on the west side of Highway 93 south of the intersection of Highway 93 and Church Drive. Kenyon moved council approve the final plat for Silverbrook Estates Phase 1A. The motion was seconded. Sorensen gave a staff report and answered questions. Atkinson and Mayor Kennedy complimented the developers on the work they have done. There was no further discussion. The motion carried unanimously upon vote with Saverud absent. F/6. PART-TIME EMPLOYMENT CONTRACT — INTERIM CITY MANAGER This contract allows Myrt Webb to continue to work with the city until the new manager arrives on a part-time, $25.00 per hour basis. Atkinson moved council approve the part time employment contract with Myrt Webb. The motion was seconded. Harball gave a staff report. Council members thanked Webb for his professional approach and the great work he has done. There was no further discussion. The motion carried unanimously upon vote with Saverud absent. F/7. CONDITIONAL USE PERMIT — ACCESSIBLE SPACE INC. (TABLED JUNE 15) This is a request for a conditional use permit to construct a 23-unit assisted living apartment building on approximately two acres located at the eastern end of Indian Trail. Accessible Space, Inc. is requesting the issue be postponed to the July 20 meeting. Kalispell City Council Minutes July 6, 2009 Page 5 Larson moved to remove the conditional use permit from the table. The motion was seconded. The motion carried unanimously upon vote with Saverud absent. Kenyon moved to table the conditional use permit until the July 20 meeting. The motion was seconded. The motion to table carried unanimously upon vote with Saverud absent. G. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: City Attorney: Charlie Harball and Human Resources: Terry Mitton. Kluesner asked Harball for a memo clarifying the liability issues on the new manager using a city car for personal use. Olson, Solid Waste Board member, said he is proud to announce that through a cooperative effort with Flathead Electric Coop the landfill is now using methane gas to generate electricity that goes onto the FEC grid. The meeting was adjourned at 8:45 p.m. ATTEST: Theresa White City Clerk Approved July 20, 2009 Pamela B. Kenn y Mayor Kalispell City Council Minutes July 6, 2009 Page 6