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1. Council Minutes - Regular Meeting - May 18, 2009A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MAY 18, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, TIM KLUESNER, DUANE LARSON, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL. MEMBER RANDY KENYON WAS ABSENT. Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa White, Acting Fire Chief Dan Diehl, Assistant Fire Chief/Prevention DC Haas, Public Works Director Jim Hansz, Adjutant City Attorney Rich Hickel, Assistant Finance Director Rick Wills, Parks and Recreation Director Mike Baker, Recreation Superintendent Jennifer Young, Economic and Community Development Director Kellie Danielson, Human Resources Director Terry Mitton, Planning Director Tom Jentz, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Olson moved approval of the Agenda. The motion was seconded. There was no further discussion. The motion carried unanimously upon vote with Kenyon absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes Regular Meetina 4, 2009 2. Award Bid — Glenwood Drive Drainage Improvements Six bids were received for the Glenwood Drive Drainage Improvements project from Knife River, LHC Incorporated, Rehbein Enterprises, Sandry Construction, Schellinger Construction, and Settle Contracting. Staff recommended the bid be awarded to Sandry Construction of Bigfork for $74,096.00. 3. Award Bid — Sidewalks and Curbing Three bids were received for the 2009 sidewalk and curbing contract from Knife River, Sandon Construction, and T.M. Contracting. Staff recommended the bid be awarded to Sandon Construction of Kalispell. 4. Ordinance 1660 — Zonin with PUD Placeholder — NeiI Bertelsen — 2nd Readin Bertelsen has requested a zoning designation of B-2 (General Business) with a planned unit development placeholder on approximately two and a half acres located at 135 Cemetery Road. Ordinance 1660 passed unanimously on first reading May 4. Atkinson moved approval of the Consent Agenda. The motions was seconded. There was no discussion. Kalispell City Council Minutes May l8, 2009 Page I The motion carried unanimously upon roll call vote with Kenyon absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Mark DeLorme, 231 Juniper Bend Drive, Skateboard Park Advisory Committee member, noted the helmet policy was the number one topic at their meetings. He said the helmet law isn't working and the committee is recommending the policy be repealed. Geri Robbins, PO Box 2225, Kalispell, noted that as a registered nurse she is against rescinding the helmet policy. She said helmets save lives and not requiring helmets is a lawsuit waiting to happen. Patrick Brooks, 31 Appleway Drive, #2, Skateboard Park Advisory Committee member, said skateboarders feel singled out and remarked that many sports have a higher injury rate than skateboarding. Deb Burfeind, 220 Aspen Loop, Skateboard Park Advisory Committee member, noted the city can't efficiently enforce the helmet rule and it has created "bad blood" between the kids and police officers. She said without more resources available the solution right now is to repeal the helmet law. Jim Maney, Columbia Falls, retired neurosurgeon, argued in favor of keeping the helmet rule. He also commented on the planned Montana Pride Parade and urged the council to treat people who have done no harm with respect and welcome people with different opinions and behaviors. Barry Brubaker, 753 Oxford Circle, read a petition opposing the gay pride parade. Carlita Finch, 1251 Foys Lake Road, rebutted Brubaker's comments by noting that the Pledge of Allegiance recited at the beginning of the meeting includes "with liberty and justice for all." Neal Brown, Bigfork, noted our constitution allows for freedom of assembly and restricting the pride parade would not be a good idea. Katherine Kelly, 210 Buttercup Loop, asked council to affirm Montana Pride and support the parade. Diane Taylor, 920 Third Avenue East, regarding the anti -pride parade petition noted that Jesus said nothing about homosexuality and if He wasn't concerned about it, she doesn't know why we should be. Carolyn Bridgeman, 900 West Reserve, #219, spoke in favor of the pride parade and noted this country was founded on equal rights and opportunities. David Beaulieu, 46 Sunrise Drive, stated he is concerned that if we allow and promote behavior that is not normal, voices speaking for God will be silenced. He said the foundations of society are Kalispell City Council Minutes May 18, 2009 Page 2 beginning to shift. Spring Keene, 131 Twin Pines Drive, commented she is straight, but she is hoping to march in the parade. Dee Bryce, 433 Mountain View Drive, remarked that this will be a well thought-out parade suitable for all ages. Alison Keene, 1519 5th Ave East, noted everyone has a right to be proud of who and what they are. DJ Lopez, 433 Mountain View Drive, stated everyone has a right to express themselves in a positive way. Phillip Claiborne, Whitefish, stated there is an underlying agenda affecting this country and he has no opposition to a gay pride parade, but he doesn't want pornography and violent extremists to follow. David Sprunger, 1830 Hwy 35, said the parade is a promotion of immorality and accepting this amoral choice in society can lead to parades of rapists or pedophiles. Barbara Thomas, 131 East Bluegrass Drive, said she looks forward to a time when we can feel proud of the diversity in our community. Seth Vickers, 1045 Conrad Drive, noted this is simply a parade celebrating diversity in the community. Charles Reed, 751 Oxford Circle, said gay people can not procreate, they recruit, and they don't need to parade down Main Street flaunting their lifestyle. Laura Csaplar, 661 South Foys Lake Drive, stated she hopes the community can stand against prejudice and stand up for love. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/I. RESOLUTION 5365 — FINDING OF ELIGIBILITY FOR TAX INCREMENT FINANCING - FEDEX Resolution 5365 authorizes the use of TIF funds to pay down the costs of the Special Improvement District at Old School Station for the proposed FedEx development. Saverud moved Resolution. 5365, a resolution authorizing the use of tax increment financing funding from the Old School Station Technology District for application to special improvement district assessments for FedEx Ground Inc. investment in that district. The Lotion was seconded. Danielson gave a staff report and answered questions. Kalispell City Council Minutes May 18, 2009 Page 3 Hafferman explained that TIF funds are taxpayer funds that cannot be used for infrastructure needs. He stated he was opposed to the annexation and creation of the TIF districts at Old School Station, but since it's now there we need to make it work. There was no further discussion. The motion carried unanimously upon roll call vote with Kenyon absent. E/2. RESOLUTION 5366 — PRE -DISASTER MITIGATION PLAN The Flathead County Pre -Disaster Mitigation Plan allows local governments to apply for federal grant dollars by profiling significant hazards to the community and identifying mitigation projects that can reduce their impacts. Larson moved Resolution 5366, a resolution to adopt a pre -disaster mitigation plan pursuant to the federal law entitled "Disaster Mitigation. Act of 2000". The motion was seconded. Diehl gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Kenyon absent. E/3. ORDINANCE 1661— AMENDING ENFORCEMENT OF PARKING REGULATIONS — IST READING Ordinance 1661 authorizes the Parking Commission to utilize a vehicle incapacitation wheel boot to assist with parking enforcement efforts. Gabriel moved first reading of Ordinance 1661, an ordinance amending Ordinance No. 627 and Ordinance No. 925 codified as Kalispell City Code 17-79 regarding the removal or incapacitation of motor vehicles parked in violation of Kalispell City Code and declaring an effective date. The motion was seconded. Harball gave a staff report and answered questions. Olson requested a report in about six months identifying the offenders, such as whether they are downtown employees who are rocking and rolling. There was no further discussion. The motion carried unanimously upon roll call vote with Kenyon absent. Kalispell City Council Minutes May 18, 2009 Page 4 E/4. ORDINANCE 1662 — AMENDING SKATEBOARD PARK REGULATIONS —1ST READING Council will consider a recommendation from the Skateboard Park Advisory Committee to amend Ordinance 1662 regarding the park's rules and regulations. Atkinson moved first reading of Ordinance 1662, an ordinance amending Ordinance No.1492 codified as Kalispell City Code 19-20 regarding the Woodland Skateboard Park rules and regulations and declaring an effective date. The motion was seconded. Young gave a staff report and answered questions. Larson moved to amend Ordinance 1662 by removing Option 1. (All participants ffmA are strongly advised to wear appropriate safety gear: CSA approved helmets and footwear are mandatory strongly recommended. Helmets must should fit properly with straps fastened. Pads, gloves and guards are strongly recommended.) The motion was seconded. Atkinson spoke against the amendment, commenting he wants to return responsibility for children back onto the parents, and not the government. Kluesner expressed concern with the liability issues if the city no longer requires helmets. Hafferman said he will vote against the amendment because the committee has been making a difference and the members' recommendation should be taken as expert advice. He said peer pressure is the best method of safety. Larson disagreed, remarking that he respects the work done by the committee but he cannot agree with removing the helmet requirement. Gabriel agreed with Atkinson that it shouldn't be the government correcting children, however, she cannot vote to let children use the facility without a helmet. Saverud thanked the committee and stated he appreciates their advice, but he also cannot support repealing the helmet law. He said when in doubt, it's better to err on the side of safety. Olson noted this is a tough decision, but most of the kids now are not wearing helmets. He said unless we can afford full-time supervision he will have to agree with the committee to repeal the helmet rule. Mayor Kennedy commented it is unfortunate the city cannot provide full-time supervision because without consistent enforcement the helmet law is not being followed. She agreed that it's a difficult issue and expressed hope that the Glacier Pilot Club and skateboard shops continue to promote helmet use. The amendment failed upon a tied roll call vote with Gabriel, Kluesner, Larson, and Saverud voting in favor, Atkinson, Hafferman, Olson, and Mayor Kennedy voting against, and Kenyon absent. Kalispell City Council Minutes May 18, 2009 Page 5 There was further discussion. The motion failed upon a tied roll call vote with Atkinson, Hafferman, Olson and Mayor Kennedy voting in favor, Gabriel, Kluesner, Larson and Saverud voting against, and Kenyon absent. Mayor Kennedy requested the other two amendments to Ordinance 1492 proposed by the Skateboard Committee be brought forward in two separate ordinances at the next meeting. (Striking condition #7: "All BMX bikes must be equipped with protective covering on pegs", and adding the following: "The Parks and Recreation Department of the City of Kalispell reserves the right to close the Woodland Skate Park for a determined period of time should any issues at the skate board park become dangerous to the general public, and/or unmanageable by the Department of Parks and Recreation. Those found inside the locked fence during periods of closure will be deemed guilty of criminal trespass and subject to removal and restriction as set forth in paragraphs C and E above.") EI5. AFSCME CONTRACT EXTENSION RATIFICATION — LOCAL UNION 256 Members of the American Federation of State, County, and Municipal Employees Local Union 256 have voted to extend the conditions of the existing contract for an additional year. Atkinson moved the council extend the American Federation of State, County, and Municipal Employees Local Union 256 contract for an additional year. The motion was seconded. Harball gave a staff report and answered questions explaining there would not be a cost of living increase, but AFSCME employees would receive a ten cent per hour longevity pay increase. Hafferman noted that AFSCME members are among the lowest paid employees in the city and we should go along with this because it's fair. Gabriel remarked with the budget problems she is having a hard time giving anyone a raise right now. There was no further discussion. The motion carried upon roll call vote with Atkinson, Hafferman, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Gabriel voting against, and Kenyon absent. E/6. RESOLUTION 5367 — RESOLUTION OF INTENT" AND CALL FOR PUBLIC HEARING — BUDGET AMENDMENT — FIRE DEPARTMENT A budget amendment is necessary to cover fire department salaries and benefits for fiscal year 2008- 2009. Resolution 5367 schedules a public hearing for June 1. Saverud moved Resolution 5367, a resolution of intent calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2008-2009 budget adopted by the City Council. The motion was seconded. Kalispell City Council Minutes May 18, 2009 Page 6 Webb gave a staff report and answered questions explaining the amendment is necessary to cover positions that were moved and not eliminated, and the excessive use of Kelly Days that is allowed in the contract but not budgeted for. Mayor Kennedy remarked the Kelly Day use and abuse was a shock to council and the issue should have been brought forward much sooner by administration. She stated the fire department needs to do something to balance this budget, noting Kelly Day use went from $5,000 in 2007 to $60,000 in 2008. Hafferman commented the fire department is not being responsible. He said when we have budget problems the employees need to do everything they can to help. Kluesner said the firefighters are using the general fund as their personal ATM, adding something has to be done and maybe they should look at shuttering the north fire station. Gabriel stated she is also disappointed and the tragic part is we have already spent this money. She noted this action has left the council with no choice but to cut more from the upcoming budget. Olson pronounced the ambulance is out of control; they are always in Bigfork, Marion, or somewhere else in the county. He said those areas are the county's problem, not the city's. Webb responded that he wishes we had seen this coming earlier and asked the council to remember that this is an essential service. There was no further discussion. The motion carried unanimously upon roll call vote with Kenyon absent. E17. RESOLUTION 5368 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING — BUDGET AMENDMENT — PARKING COMMISSION Shortfalls in the Parking Commission's budget require a budget amendment for fiscal year 2008- 2009. Resolution 5368 schedules a public hearing for June 1. Atkinson moved Resolution 5368, a resolution of intent calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2008-2009 budget adopted by the City Council on behalf of the Parking Commission. The motion was seconded. Wills gave a staff report and answered questions. Webb noted this is simply expanding the parking commission's budget authority and will not be taking money from other funds. Kluesner stated he finds it interesting that when a department reaches its budget limit they keep on spending. Kalispell City Council Minutes May 18, 2009 Page 7 There was no further discussion. The motion carried unanimously upon roll call vote with Kenyon absent. E/8. APPOINTMENT - ECONOMIC DEVELOPMENT REVOLVING LOAN COMMITTEE Karen Witt has submitted a letter requesting appointment to the loan committee for the seat vacated by Justin Sliter. Mayor Kennedy recommended the council appoint Karen Witt to the Economic Development Revolving Loan Committee. Saverud moved the council accept the Mayor's recommendation and appoint Karen Witt to the Economic Development Revolving Loan Committee. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kenyon absent. F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) The following department supervisors gave reports: Fire: DC Haas, Planning: Tom Jentz. Olson congratulated the south side business owners on spreading their word on the pre-release center resulting in the state turning down the proposed site. Mayor Kennedy stated government worked the way it was supposed to and other Iocations will be looked at. G. ADIOURN The meeting was adjourned at 10:10 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes May 18, 2009 Page 8