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1. Council Minutes - Regular Meeting - August 20, 2007A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY,- AUGUST 20, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTA A, MAYOR PAMELA B, KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KART GABRIEL, BOB HAFFERMAN, TIM KLUESNER, RANK OLSON, DUANE LARSON, AND WAYNE SAVERUD WERE PRESENT, COUNCIL MEMBER RANDY KENYON WAS ABSENT. Also present: City Manager James Patrick, City Clerk Theresa white, Fire Chief Randy Brodehl, Fire operations Chief Dan Diehl, Chief of Police Roger Nasset, Finance Director Amy Robertson, Parks Director Mike Baker, 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 Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Kenyon absent. B. CONSENT AGENDA APPROVAL 1. • Council Minutes — Re lar Meeting,— Aqpst 6 2007 2. Ordinance 1618 — Initial Zoning with PUD overly — Starling Subdivision — 2nd Reading The Aspen Croup has requested a zoning designation of R-3 with a Planned Unit Development overlay on approximately 640 acres encompassing all of Section 35.Ordinance 1618 passed unanimously on first reading August 6. 3. Ordinance 1619 — Initial Zoning —Ashley Heights, LLC — 2nd Readin Ashley Heights, LLC has requested a zoning designation of R-2, Single Family Residential on approximately eight and a half acres located on the south side of Sunnyside Drive. Ordinance 1619 passed unanimously on first reading August 6. 4. ordinance 1620 — Initial zonin —...Mountain Vista Estates Phase 4 — 2nd Readin Touchstone, LLC has requested a zoning designation of R-3, Urban Single Family Residential, on approximately 7.6 acres on the north side of Three Mile Drive. Ordinance 1620 passed unanimously on first reading August 6. 5. Ordinance 1621— Initial zonin -- Crai -Crai Rentals — 2nd Readin Craig -Craig Rentals, LLC is requesting a zoning designation of B-2, General Business, on approximately 1.3 acres located on the west side of US Highway 93 South. Ordinance 1621 passed unanimously on first reading August 6. Saverud moved approval of the Consent Agenda. The motion was seconded. Kalispell City Council Minutes August 20, 2007 Page I There was no discussion. The motion carried unanimously upon roil call vote with Kenyon absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Kate Daniels, Conrad Mansion Executive Director, asked for Council's support on their budget request for the Conrad Mansion siding project. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION EII. RESOLUTION 5223 --- BUDGET RESOLUTION — ANNUAL. APPROPRIATIONS This resolution sets the annual appropriations for the City of Kalispell as set forth in the 2007-2008 budget. Atkinson moved Resolution 5223, a resolution setting the annual appropriations for the City of Kalispell, Montana, as set forth in the 2007-2008 budget adopted by the City Council. The motion was seconded.. Patrick gave a staff report summarizing the budget which totals $f 4,809,062. Atkinson stated he took a tour of the Conrad Mansion recently, and it was "fabulous." He said anything the City can do to keep it up, the better. Hafferman noted that Council is being asked to approve a budget that is $1.6 million more than what was discussed at work sessions. He said even though he has heard there will not be a tax increase, there will be an increase in the City's portion of the tax statement received in November and how much that increase will be depends on reevaluation. Hafferman remarked the Council needs to "get over" the present philosophy of spend first, pay later. He said the Council needs to adopt a policy to reduce our deficit spending, and before the budget is adopted a work session should be held to address ambulance service, credit card buying, and an annexation policy. The motion carried upon roll call vote with Atkinson, Gabriel, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against, and Kenyon absent. E/2. R:ESOLUTION 5224 — BUDGET RESOLUTION -- ANNUAL TAX LEVIES This resolution sets the annual tax levies for the City of Kalispell for the fiscal year 2007-2008. Larson moved Resolution 5224, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2007-2008. The motion was seconded. Kalispell City Council Minutes August 20, 2007 Page 2 Patrick gave a staff report explaining that the resolution sets the total City levy at 162.85 mills. There was discussion concerning the increase in health insurance costs. The motion carried unanimously upon roll call vote with Kenyon absent. E13. RESOLUTION 5225 — BUDGET RESOLUTION - SPEUTAL LIGHTING DISTRICT This resolution levies an assessment for the cost of lighting the streets in the City of Kalispell's Special Lighting District for the fiscal year 2007-2008. Saverud moved Resolution 5225, a resolution levying an assessment for the cost of lighting the streets and alleys in the City Special Lighting District for the fiscal year 2007-2008. The motion was seconded. Patrick gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Kenyon absent. E14. RESOLUTION 5226 — BUDGET RESOLUTION — DEUORATIVE LIGHTING DIRTRIi-'`.T This resolution levies an assessment for the cost of lighting the streets in the City of Kalispell's Downtown Decorative Lighting District for the fiscal year 2007-2008. Atkinson moved Resolution 5226, a resolution levying an assessment for the cost of lighting the streets in the City Downtown Decorative Lighting District for the fiscal year 2007-2008. The motion was seconded. Patrick gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Kenyon absent. E15. RESOLUTION 5227 -- BUDGET RESOLUTION — SOLID WASTE This resolution levies the cost of removal of garbage from streets and alleys for the fiscal year 2007- 2008. Larson moved Resolution 5227, 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. Kalispell City Council Minutes August 20, 2007 Page 3 Patrick grave a staff report explaining garbage rates have remained the same for several years and because of fuel costs, etc. the rate proposed for this year is an increase of $1 a month, or $12 a year. Saverud commented that private haulers receive $132 a year for the same service that the City charges $102 for. Hafferman stated he has not seen a compelling reason for the increase, so he will vote no. He said Evergreen charges more because they have to drive more miles. Larson stated the `compelling reason" would be inflation and the fact that there has been no cost increase for the last few years. Mayor Kennedy concurred, stating she doesn't have a choice and she is paying more per month having a private hauler than using the City of Kalispell. The motion carried upon roll call vote with Atkinson, Gabriel, Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Kenyon absent. E16, RESOLUTION 5228 — BUDGET RESOLUTION -- URBAN FORESTRY This resolution levies an assessment for the cost of urban forestry maintenance for the fiscal year 2007-2008. Larson moved Resolution 5228, a resolution levying an assessment for the cost of urban forestry maintenance in the City for the fiscal year 2007-2008. The motion was seconded. Patrick gave a staff report and answered questions. Kluesner commented he feels the urban forestry program is very important. The motion carried unanimously upon roll call vote with Kenyon absent. E17. RESOLUTION 5229 — BUDGET RESOLUTION - SPECIAL STREET MAINTENANCE This resolution levies the cost of maintaining the streets and avenues for the fiscal year 2007-2008. Atkinson moved Resolution 5229, 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 2007-2008. The motion was seconded. Patrick gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Kenyon absent. Kalispell City Council Minutes August 20, 2007 Page 4 Ef 8. RESOLUTION 5230 -- BUDGET RESOLUTION — STORM SEWER MAINTENANCE This resolution levies assessments for the cost of storm sewer maintenance for the fiscal year 2007- 2008. Atkinson moved Resolution 5230, 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 2007-2008. The motion was seconded, Patrick gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Kenyon absent. E19, RESOLUTION 5231— BUDGET RESOLUTION — PARKING COMMISSION This resolution approves the annual appropriations for the Parking Commission for the fiscal year 2007-2008. Gabriel moved Resolution 5231, a resolution setting the annual appropriation for the Parking Commission of the City of Kalispell, Montana, as set forth in the 2007-2008 budget adapted by the City Council, The motion was seconded, Patrick gave a staff report. Atkinson thanked the Parking Commission for their hard work, adding it's a thankless job. The motion carried unanimously upon roll call vote with Kenyon absent. E110, RESOLUTION 5232 -- BUDGET RESOLUTION — HEALTH DEPARTMENT This resolution approves the levy request for the City -County Health Department for the fiscal year 2007-2008. Larson moved Resolution 5232, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2007-2008. The motion was seconded. Patrick gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Kenyon absent. Kalispell City Council Minutes August 20, 2007 Page 5 E111. RESOLUTION 5233 — BUDGET RESOLUTION — BID This resolution sets the annual appropriation for the Business improvement District for the fiscal year 2007-2008. Saverud moved Resolution 5233, a resolution setting the annual appropriation for the BID (Business Improvement District) of the City of Kalispell, Montana, as set forth in the 2007- 2008 budget adopted by the City Council. The motion was seconded. Patrick gave a staff report. There was no discussion. The motion carried unanimously upon roll call vote with Kenyon absent. E/12. ORDINANCE 1622 — CIVIL PENALTIES KALISPELL CITY AIRPORT — 1ST READING Ordinance 1622 approves the City Airport Standard operating Procedures and authorizes municipal civil penalties for violations of the rules and regulations. Gabriel moved first reading of Ordinance 1622, an ordinance approving the Kalispell City Airport Standard Operating Procedures, authorizing the City Manager to amend such procedures as required and authorizing the issuance of municipal civil penalties pursuant to Kalispell City Code Chapter 1, Article II, for violations of Chapter 3, Chapter 4 and Chapter 6 of the subject standard operating procedures and declaring an effective date. The motion was seconded. Leistiko gave a staff report and answered questions. Hafferman stated these are regulations like other City regulations and he is not convinced the airport users were involved with this. He said they should, at the least, be notified and maybe a public hearing should be held before this is adopted. Leistiko explained when the standard operating procedures were written in 2005 every airport tenant and user was given the chance to give their input. He said airport advisory board reviewed the document several times and made several changes based on public comment. Leistiko said they finally came up with a document that the advisory board, the users, and the tenants could accept. Olson commented that Leistiko knows ghat is best for the airport for safety and the Council should support the change. Gabriel said if the users didn't have input into the original document then she would agree with Hafferman, but they were part of the process in the beginning. Kluesner said he doesn't see a rush to do this and he feels everyone who uses the airport should be personally notified. Kalispell City Council Minutes August 20, 2007 Page 6 There was discussion on what the penalties would be and Mayor Kennedy suggested the issue be tabled until the City Attorney is available to answer specific questions and until official notice is given to the airport users. Kluesner moved Ordinance 1622 be tabled until September 4. The motion was seconded. The motion carried upon vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, Olson voting against, and Kenyon absent. EIt3. STREET LIGHTING — SILVERBROOK ESTATES This is a request for a design variance of the street lighting, system in Silverbrook Estates from the City' s conventional subdivision lighting standard to one that provides a lower light level. Larson moved that Council approve the requested street lighting design variance for the Silverbrook Estates Subdivision. The motion was seconded. Patrick gave a staff report. There was no discussion. The motion carried unanimously upon vote with Kenyon absent. F. MAYS COUNCIL CITY MANAGER'S REPORTS No Action Olson asked for a work session to discuss an annexation policy and the ambulance service. Patrick extended his condolences to Kathy Kuhlin and her family on the lass of her mother. G. ADJOURN The meeting was adjourned at 8:23 p.m. ATTEST: Theresa white City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes August 20, 2007 Page 7