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1. Council Minutes - Regular Meeting - September 8, 2009A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., TUESDAY, SEPTEMBER 8, 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, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBERS RANDY KENYON AND DUANE LARSON WERE ABSENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Detective Lieutenant Jim Brenden, Acting Fire Chief Dan Diehl, Public Works Director Jim Hansz, Finance Director Amy Robertson, Information Technology Director Erika Hess, Human Resources Director Terry Milton, Acting Economic and Community Development Director Katharine Thompson, Planning Director Tom Jentz, Airport Manager Fred Leistiko, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Atkinson moved approval of the Agenda. The motion was seconded. Saverud moved to remove item F/2 from the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kenyon and Larson absent. The main motion, as amended, carried unanimously upon vote with Kenyon and Larson absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — August 17, 2009 2. Bid Award — Woodland Connector Path — Phase 2 Seven bids were received for the second phase of the pedestrian/bicycle trail between Woodland Park and Willow Glen Drive. Staff recommended the bid for Schedule I of Phase 2 be awarded to Paveco, LLC in the amount of $79,878.20. 3. Bid Award — Stillwater Road Drainage Improvement Project Seven bids were received for this project with Schellinger Construction submitting a low bid of $167,733.55. 4. Fire Department Presentation — Life Saving Awards Chief Dan Diehl will present life saving awards to eleven paramedics in connection with two separate incidents. Kalispell City Council Minutes September 8, 2009 Page 1 Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kenyon and Larson absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT a E. PUBLIC HEARING — FVCC WORKFORCE TRAINING GRANT The Flathead Valley Community College has requested the city's assistance to apply for a work force training grant through the Community Development Block Grant Program. Mayor Kennedy opened the public hearing. Proponents Susie Birch, 835 1st Ave East, FVCC, remarked this is a win -win project for everyone and she is available to answer any questions. She submitted letters of support for the grant from the Kalispell, Whitefish, Bigfork and Lakeside -Somers Chambers of Commerce; Sonju Industrial; United Steelworkers; Pacific NW Ironworkers Apprenticeship; Montana Rail Link; Beaudette Consulting Engineers; Norco; FH Stoltze Land & Lumber; and Hanson Trucking, Inc. Opponents None. Mayor Kennedy closed the public hearing. F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION F/1. RESOLUTION 5385 - AUTHORIZING CDBG GRANT SUBMISSION — FVCC This resolution authorizes the city to apply for a grant on behalf of Flathead Valley Community College to expand its existing welding program and to qualify welders to work on pipe, structures, bridges, and rolling stock. Saverud moved Resolution 5385, a resolution authorizing an application to the Montana Department of Commerce for a Community Development Block Grant Workforce Training Kalispell City Council Minutes September 8, 2009 Page 2 Program for up to $274,000 to assist in funding the purchase of equipment for non-destructive testing in welding for the metalworking and machining trades, through Flathead Valley Community College. The motion was seconded. Thompson gave a staff report and answered questions. The motion carried unanimously upon roll call vote with Kenyon and Larson absent. F/2. RESOLUTION 5386 — AUTHORIZING HOME GRANT SUBMISSION — ASI (REMOVED FROM AGENDA) F/3. ORDINANCE 1668 — TEXT AMENDMENT - PARKING REGULATIONS — 1ST READING Ordinance 1668 amends Section 17-54, Kalispell City Code, restricting parking along two short sections of streets near Legends Field to allow access for fire or medical emergency vehicles. Gabriel moved first reading of Ordinance 1668, an ordinance to amend Section 17-54, Kalispell City Code, prohibiting vehicular parking on the east side of 4th Avenue West from 1Ith Street West to the southern terminus of 4th Avenue West and on the north side of 12th Street West for a distance of one half block from 4th Avenue West to the next alley entrance to the east and directing the placement of appropriate signage therefore, and declaring an effective date. The motion was seconded. Diehl gave a staff report and answered questions. The motion carried unanimously upon roll call vote with Kenyon and Larson absent. F/4. RESOLUTION 5387 -- AMENDS RESOLUTION 5014 — DISTRIBUTION OF BUILDING, ZONING, FIRE PREVENTION, SITE REVIEW FEES Resolution 5387 establishes the method for distribution of fees to other departments based on the actual services the departments provide. Gabriel moved Resolution 5387, a resolution to repeal resolution 5014 which set the City of Kalispell fees associated with building permits, zoning administration, fire prevention and site review and to establish the transfer of funds from the building fund to those city departments based upon documented services provided and making such policy effective immediately. The motion was seconded. Howington said this resolution is in response to council's request for a review of employees' positions and how they are funded. Jentz gave a staff report and answered questions. Kalispell City Council Minutes September 8, 2009 Page 3 Kluesner commented that this is a smart move to reexamine our costs. The motion carried unanimously upon roll call vote with Kenyon and Larson absent. F/5. RESOLUTION 5388 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS — GENERAL FUND This resolution sets the annual appropriations for the general fund for the City of Kalispell for the 2009/2010 fiscal year. Atkinson moved Resolution 5388, a resolution setting the annual appropriations for the City of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the city council. The motion was seconded. Robertson gave a staff report explaining the proposed general fund amount is $9,108,115 with an anticipated reserve at the end of the fiscal year of $309,000. Gabriel questioned the section in each of the budget resolutions which states "The City Manager and Finance Director are hereby authorized to transfer any part of an unencumbered balance of an appropriation to a purpose or object for which the appropriation for the current year is insufficient or to transfer between items appropriated within the same fund". She asked if two signatures are required. Robertson responded only one signature is required, adding that the line item transfers can only be made within a single budget which does not change the bottom line. She said an actual budget increase requires council approval. Kluesner said he feels it would be beneficial to require signatures from both the city manager and finance director on any budget transfers to protect not only the city, but the person making the transfer. Kluesner moved to amend Section II to state, "The City Manager along with the and Finance Director are required to sign authorizing any transfers hereby authorized to transfer any part of an unencumbered balance of an appropriation to a purpose or object for which the appropriation for the current year is insufficient or to transfer between items appropriated within the same fund." The motion was seconded. Howington suggested that a spreadsheet could be created noting the transfers. Atkinson commented that if the auditors do not require a transfer sheet then there isn't a need for it; this is micro -management that is not necessary. Olson said rather than requiring two signatures, he would rather just have the department supervisors ask the city manager to approve the transfers. Kalispell City Council Minutes September 8, 2009 Page 4 The motion failed upon roll call vote with Kluesner voting in favor, Atkinson, Gabriel, Hafferman, Olson, Saverud, and Mayor Kennedy voting against, and Kenyon and Larson absent. Hafferman said he would prefer the budget be delayed for two weeks until he receives written answers to several concerns he has because he feels the total mills should be decreasing. He said even if the resolution is passed he would still like answers. Kluesner said he has some of the same concerns as Hafferman, adding these are tough economic times and the city should be helping the citizens by trying to alleviate some of their financial burdens. Howington said she cannot change how this budget was developed, however, she is developing a budget procedure to turn over every stone and every pebble for the next fiscal year and present it to the council at the next work session. Olson moved to table Resolution 5388 until September 21. There was no second. There was no further discussion. The motion carried upon roll call vote with Atkinson, Gabriel, Saverud, and Mayor Kennedy voting in favor, Hafferman, Kluesner, and Olson voting against, and Kenyon and Larson absent. F/6. RESOLUTION 5389 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS — ALL OTHER FUNDS This resolution sets the annual appropriations for all funds other than the general fund for the City of Kalispell for the 2009/2010 fiscal year. Atkinson moved Resolution 5389, 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 2009-2010 budget adopted by the city council. The motion was seconded. Robertson gave a staff report and answered questions. Hafferman remarked he will be voting no because he is opposed to the airport bond and land acquisition items; he opposes spending impact fees for projects not in the original plan; and he still feels the amount of office staff for the public works department seems out of proportion. The motion carried upon roll call vote with Atkinson, Gabriel, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Kenyon and Larson absent. Kalispell City Council Minutes September 8, 2009 Page 5 F/7. RESOLUTION 5390 — BUDGET RESOLUTION — MILL LEVY This resolution sets the annual mill levy for the City of Kalispell for the 2009/2010 fiscal year at 169.9. Gabriel moved Resolution 5390, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2009-2010. The motion was seconded. Robertson gave a staff report and answered questions. There was discussion concerning the city's debts and the possibility of paying them off early. Hafferman noted he will abstain because he would prefer to have his questions answered prior to voting. The motion carried upon roll call vote with Atkinson, Gabriel, Olson, Saverud and Mayor Kennedy voting in favor, Kluesner voting against, Hafferman abstaining, and Kenyon and Larson absent. F/8. RESOLUTION 5391 — BUDGET RESOLUTION — BUSINESS IMPROVEMENT DISTRICT This resolution sets the annual appropriations for the Downtown Business Improvement District for the 2009/2010 fiscal year. Saverud moved Resolution 5391, a resolution setting the annual appropriation for the Business Improvement District (BID) of the City of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the city council. The motion was seconded. Robertson gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Kenyon and Larson absent. F/9. RESOLUTION 5392- BUDGET RESOLUTION — PARKING COMMISSION This resolution approves the annual appropriations for the Parking Commission for the 2009/2010 fiscal year. Atkinson moved Resolution 5392, a resolution setting the annual appropriation for the Parking Commission of the City of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the city council. The motion was seconded. Robertson gave a staff report and answered questions. Kalispell City Council Minutes September 8, 2009 Page 6 There was no discussion. The motion carried unanimously upon roll call vote with Kenyon and Larson absent. G. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) Mayor Kennedy noted a letter was received from MDT regarding the Foys Lake Road slope erosion and said that the letter will be forwarded to Logan Esch, who initially brought the issue before council. Mayor Kennedy invited council to attend an award ceremony for Scott Warnell at 10:00 a.m. on Wednesday in the council chambers. She said the Attorney General will present Warnell with the "Excellency in Responding to Intimate Partner Violence Award". H. ADJOURN The meeting was adjourned at 8:40 p.m. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes September 8, 2009 Page 7