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1. Council Minutes - Regular Meeting - August 21, 2006A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A7:00 P.M., MON AY9 AUGUST 21,2006, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MON AAA, COUNCIL PRESIDENT DUANE LARSON PRESIDED, COUNCIL MEMBERS JIM A KINSON, KARI GA RIE , BOB HERRON, BOB RAFFERMAN, RANDY KENYON, TIM KLUESNEI ., AND HANK SON WERE RESENT, MAYOR. PAM LA B. KENNE Y WAS ABSENT. .Also present: City Manager James es Patrick, City Attorney Charles Har al , Deputy City Clerk Judi Funk,, Police Chief Frank Garner, Fire Chief Randy Brodehl, Finance Director Amy Robertson, Public Works Director Jim Hans ,, Planning rector Tory Jentz, Senior Planner Sean Conrad, and Parks and Recreation Director .mike Baler. President Larson called the meeting to order and led the Pledge of Allegiance. .A. AGENDAAPPROVAL President Larson explained that 13, the final plat of Shining Mountain Church, requires a resolution and the issue should be rescheduled for the next meeting. Atkinson moved approval of the Agenda with the removal o 'Item E 3. The motion was seconded. Where was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL .. Council Minutes — Regular Meetly — Auggst ' 2oo 2. Accept Domestic Violence Grant The City of Kalispell has been awarded a grant in the amount of $394,594.00 to create a Domestic Violence Emergency Response Teams.. Kenyon moved approval of the Consent ,Agenda. The motion was seconded. There was -no discussion. The motion carried unanimously upon vote. C. STUDENT ISSUES None. Kalispell City Council Minutes Aug1, 2006 .page PUBLIC COMMENT Dan Uzar, 735 2nd Avenue .fast, Thomas Dean & Hoskins engineer, said he is representing Heritage Bank, Agenda Item. E/ 15 . E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION :RESOLUTION 5I3 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS Kenyon moved Resolution 5132, a resolution setting the annual appropriations for the City o Kalispell, Montana, as set forth in the 20 -2007 budget adopted by the City Council. The Motion was seconded. Patrick explained this year's total budget is $53,053,920 and includes all enterprise funds such as sewer and water rates, along with capital construction costs for the expansion or the wastewater treatment facility and the new water reservoir. Patrick said that changes made since the preliminary adoption have resulted in a budget reduction o $31.1,797. Hafferman stated the only reason he would vote in favor is because the police and fire departments are basically living within their budgets because property taxes pay for these services and even though their numbers have increased a total of approximately $400,000, the increase is calculated from the troth that occurred last year. He added, however, .rates will go up if this budget 1s passed. For example, the budget includes an increase in street maintenance and storm surer o approximately $300,00 . He gave several examples of budget items be doesn't reel are necessary, such as the aerial mapping services and facilities' plan; items that he feels are necessary and aren't included such as sidewalk near the Lutheran hone; and he criticized what he called. the "'Wells Fargo Fiasco"'. Hafferman emphasized the budget contains $2,000,000 for debt service payment alone, and we need to tear up the credit card and start responsibly paying off our debts. In conclusion, he said he wants the public to know that this budget was prepared by the staff. Patrick answered questions. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Klues ear, Olson, and President Larson voting in favor, Haller an voting against, and Mayor Kennedy absent* E 2, RESOLUTION 5133 — BUDGET RESOLUTION — ANNUAL TAX LEVIES Kenyon loved Resolution 5133, a resolution mating the annual tax levies for the City o Kalispell, Montana, for the fiscal year - oo7. The motion was seconded. Patrick explained this year's mill levy is 166.9 mills, down from. 170 mills last year, meaning a resident with a$150,000 home should see a savings o approximately $35.00 o their tag. bill. At the request of Kluesner, Patrick provided a breakdown of the valuations of commercial development versus residential development, explaining that commercial properties pay more Kalispell City. Council Minutes Aug1, 2006 Page because they need less services and their value is higher. He said there is an increased valuation. In hones and they are adding value to the taxes, but Domes cost more in services. Hafferman started property owners should be aware that we are in a reappraisal period for the next four years, and even though the mill levy 1s going down, the appraisals are going up. The motion carried unanimously upon roll call vote with Mayor Kennedy absent. E 3. RESOLUTION 5134 — BUDGET RESOLUTION - SPECIAL LIGHTING DISTRICT Herron moved Resolution 5134, a resolution levying an assessment for the cost of lighting the streets and alleys in the City Special Lighting District for the fiscal year Zoo -2007. The motion was seconded. There was no disio. The motlon carried unanimously upon roll call vote with Mayor Kennedy absent. 1 . RESOLUTION 513 — BUDGET RESOLUTION — DECORATIVE LIGHTING DISTRICT Herron moved Resolution 5135, a resolution levying an assessment for the cost of lighting the streetsin the City Downtown Decorative Lighting District for the fiscal year ,boo -2007. The notion was seconded.. 'Where was no discussion. The motion carried unanimously upon roll call vote with Mayor Kennedy absent, . RESOLUTION 5136 — BUDGET RESOLUTION — SOLID WASTE Gabriel moved Resolution 5, 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 notion was seconded. There was discussion regarding "other offensive matter" and garbage pickup. The motion carried unanimously upon roll call vote with Mayor Kennedy absent. E/6. .RESOLUTION 5137 — BUDGET RESOLUTION — URBAN FORESTRY Atkinson moved Resolution 5137, a resolution levying an assessment for the cost of urban forestry maintenance In the City for the fiscal year 2 0 -2007. The motion was seconded. There was no discussion. Kalispell City Council Minutes s Aug 21, 2006 Page 3 The motion carried unanimously upon roil call vote with Mayor Kennedy absent. E , RESOLUTION 5138 — BUDGET RESOLUTION - SPECIAL STREET MAINTENANCE Kenyon moved Resolution 5138, 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 Zoo -,boo'. The motion was seconded. `here was discussion concerning funding for street maintenance and when the next major road project can be done. The motion carried unanimously upon roll call vote with Mayor Kennedy absent. E 8. RESOLUTION 5.139 — BUDGET RESOLUTION — STORM SEWER MAINTENANCE Kenyon moved Resolution 5139, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 2006-2007. The notion was seconded. . ansz explained there is an increase in this fund to pay for capital improvements ents identified in the capital improvement plan for st.or-n drainage, adding you have to build cash reserve in order to do these projects. Hafferman stated it is a slow process to cure the ills of the past, but it does not have to be done on a consultant's schedule. He said he is not in favor of raising rates any higher and we need to do these projects as we can afford them and. that's why he's voting no. The notion carried upon roil call vote with Atkinson, Gabriel, Herron., Kenyon, Klnesner, Olson, and President Larson voting in favor, Hafferman voting against, and Mayor Kennedy absent. E 9. RESOLUTION 5140 — BUDGET RESOLUTION — PARKING COMMISSION Kelnyon. moved Resolution 5140, a resolution setting the annual appropriation for the Parking Commission of the City of Kalispell, Montana, as set forth in the 2006-2007 budget adopted by the City Council. The motion was seeon e . Patrick gave a staff report and answered questions. Olson and Atkinson commended the parking commission for the good job that they do. The motion carried unanimously upon roll call vote with Mayor Kennedy absent. Kalispell City Council Minutes Aug 21, 2006 Page 4 E .o. RESOLUTION 5141 — BUDGET RESOLUTION — HEALTH DEPARTMENT Kerr on moved Resolution 5141, a resolution making the annual tax levies for the City o Kalispell, Montana for the fiscal year 2 0 -too . The notion was seconded. Patrick gave a staff report and answered questions. Haff rman commented that last year's mill levy for the health department was,5.3 mills, and it is 5_ n.s this year. The motion carried unanimously upon roil call vote with Mayor Kennedy absent. E/11. RESOLUTION 5142 — BUDGET RESOLUTION — BUSINESS IMPROVEMENT DISTRICT Gabriel moved Resolution 5142, a resolution setting the annual appropriation for the BID (Business Improvement District) of the City of Kalispell,Montana, as set forth in the 200- 20 ud t adopted by the City Council. The motion was seconded. Patrick gave a staff report. There was no discussion. The motion carried unanimously upon roil call vote with Mayor Kennedy absent. E 1 . FINAL PLAT — BLUE HERON TOWNHOUSES This is a request for final plat approval of Blue Heron Townhouses consisting of 8 slots on approximately one acre located west of the northwest corner of Three Mile Drive and Stillwater Road. Kenyon moved Council approve the rinal plat for Blue Heron Townhouses. The motion was seconded. Conrad gave a staff report. There was no discussion. The notion carried unanimously upon vote with Mayor Kennedy absent. E 13. FINAL PLAT - SHINING MOUNTAIN CHURCH (Removed from Agenda) Elf FINAL .SLAT — WEST VIEW ESTATES PHASES 1 AND 2 This is a request for final plat approval of Phases 1 and 2 of West view Estates, located on approximately 20.1.4 acres mile east of the intersection of Stillwater Road and west Reserve Drive. Kalispell City Council Minutes .up 21, 2006 Page Herron moved Council accept the Subdivision Improvement Agreement and approve the final plat for West View Estates Phases 1 and 2. The motor was seconded. Conrad gave a stag report and answered questions. The motion carried unanimously upon vote with Mayor Kennedy absent. E 1, RESOLUTION 5143 — REVISED PRELIMINARY PLAT — HERITAGE BANK T f ' .W I This resolution approves a revised preliminary plat for a Heritage Bank lease slite at Kalispell Center Mail. Kenyon . moved Resolution 5143, a resolution approving the revised preliminary plat of the Heritage Bank lease site, located in the South half of the Southeast quarter of Section 7, 'township 28 North., Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. Conrad gave a staff report and answered questions. There was discussion regarding parking at the mall. The motion carried unanimously upon roll call vote with Mayor Kennedy absent. E/16. ORDINANCE 15$2 —AMENDING ORDINANCE 847 —RESIDENCY REQUIREMENTS —1ST READING (Tabled one July 1 7) Ordinance 1.582 amends the residency requirements for City department heads and their assistants to live within three miles or a 5--minute response time from the City limits. Atkinson so moved to remove Ordinance 1582 from the table. The motion was seconded. There was no discussion. The motion to remove carried unanimously upon vote with Mayor Kennedy absent* Kenyon moved first reading of Ordinance 1582, an ordinance to repeal Ordinance No. 847, to amend Ordinance No. 945, to establish residency restrictions for employees of the City o Kalispell and declaring the policy therefore and declaring; eieetive date. The motion was seconded* Patrick explained that under this ordinance certain employees, including department supervisors, must reside within three air miles from the City limits, or be able to respond to the City within. 15 minutes. Kalispell City Council Minutes Aug1, 2006 Page Hafferman remarked the 15 minute response time can depend on several things and three air miles from Kalispell can mean Lakeside or Whitefish depending on annexations. He said he believes that the majority of City employees should be allowed to live within the growth policy area or within three air miles of City :ball, but department heads shouldn't be living that far out because they are part of the budgeting process. Haffer n n commented that City employees who hope to be promoted should be aware of the policy and plan accordingly. There was discussion concerning homer response time is calculated and what constitutes the City limits. Herron commented that he agrees in principle that City employees should live in the City, but we have some great department heads who d not and as a practical matter we should pass the ordinance. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Klue ner Olson and President Larson voting in favor, Hafferman voting against, and Mayo- Kennedy absent. NMo NCI CITY MANAGER'S REPORTS o Action Olson commented that we should do everything we can to encourage family life* includin ; letting people live where they can to raise their families, even 1f it is not 'n the City. President Larson announced that some Council members will be serving dinner at the community kitchen next Saturday night, August 26 at 5:00 at Faith Alliance Church, and invited staff to participate as well. Patrick informed the Council that the City has received a Petition for Referendum regarding the Highway 93 Growth policy amendment just passed and the City Attorney has modified it and returned it to the election department. Patrick k stated here are several problems with the Stillwater Bluffs development and the developer's od has been pulled in order to complete the improvements, G* ADJOURN The meeting was adjourned at :00 p.m. ATTEST: Theresa White City Clerk an l a B. Kennedy Mayor Kalispell City Council Minutes Aug 21, 2006 Page