1. Council Minutes - Regular Meeting August 15, 2005A REGULAR MEETING of THE KALISPELL CITY COUNCIL WAS HELD A 00
m, MON AY4 AUGUST 1 , 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, 1 , ONTANA, MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM A KINSON, KARI GABRIE , BOB HAFFERMAN., BOB H RRON,
RANDY KENYON, TIM KLUESNER, DUANE LARSoN, AND RANK o SON WERE
RESENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa white,
Finance Director Amy Robertson, Public Works Director Jim Hansz, Parks and Recreation Director
Mike Baker, Police Chief Frank Garner, Kalispell Senior Planner Narda Wilson, and Recording;
Secretary Judi Fund..
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
t. Council Minutes Re tar Meetincy Augqst 1, 200
. ordinance 1 — Initial Zoning.. —.Robert and Glenda Brown — 2nd Rea in
Robert and Glenda Brown have requested an initial Zoning designation of R-, Two-Famil
Residential, on approximately one half of an acre located on the northwest corner of 'nth
Avenue West, north of S nnyside Drive. ordinance 1547 passed on first reading August L
. Ordinance 5 8— 'fanned 'Unit Development�Westwoo'Subdivision �2nd R ..d ............. ......_.__
This is a request for a PUD on property zoned .A-1. to allow a 32-lot residential subdivision
located at the northern terminus of Corporate Way between Two Mile Drive and Highway 2
West concurrent with Westwood Park Subdivision. ordinance 18 passed on first reading
August 1.
4. Approving Ever een Sever Rates for Fiscal Year 2005-200
.evergreen Sewer istriet's FY2006 rate is based on the Clty's operational expenses for FY
2005 prorated at the percent of usage based on meter readings at the lift station and the
wastewater treatment plant.
Kenyon moved approval of the Consent Agenda. The motion was seconded,,
afferman suggested that In the future, the City get input from the Evergreen sewer board prior to
the rates coming before the Council.
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The motion carried unanimously upon roll call vote.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Art Mitton, o '� Avenue West, Council weeds on and
5th, but described some more weed patches in the City that need to be taken care of. He asked if the
Daily Interlake could put a photo of the knapweed on the front page so that people would be aware of
what it looks like. He also stated that if City staff would take a 1.0 pay decrease, it would save the
taxpayers money.
E. ItEP4RT5REC4MMENDATI4NS AND SUBSEQUENT COUNCIL ACTION
E 1. RESOLUTION ON o3 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS
This resolution sets the annual appropriations for the City of Kalispell as set forth in the 20 5- 2006
budget.
Larson moved Resolution 5034, a resolution setting the annual appropriations for the City o
Kalispell, Montana, as set forth in the 2005-2006 budget adopted by the City Council. The
motion was seconded.
Patrick gave a staff report and answered questions. He stated this budget contains 22 million dollars
in capital improvements, which include 12 million to the wastewater treatment plant expansion, 3
million for the new fire station, 2. million for the airport, I. 4 million for the Wells Fargo building, 3
million in the water fund for a new reservoir and other improvements, and a $500,000 grant for the
Head Mart building. He said minus the capital improvements, there is only an 18 increase which is
due mostly to increases in people due to an increase in growth, Patrick explained a healthy growth
for a city is around 1 a year whereas we are growing at approximately 6 year.
Hafferrnan commented he will vote no on the budget proposal. He said the staff memo didn't contain
a comparison between the reviewed preliminary figures and the final budget figures and asked that
those comparisons be provided in the future. He said there's money in the budget for projects that
won'tbe completed this year and the problem with that is it gives the staff "authority to spend. up to
the tot.a..l amount nt without constraints"'. Hafferman said he is opposed to any airport spending until the
FAA requirements are satisfied and he's opposed to the Wells Fargo purchase because it is bondage
for our children to live with. He finished by stating this budget should have had closer public
scrutiny and asked that in the future a workshop be .held to make the budget presentation more user
friendly to the public and to the Council.
Atkinson spoke in favor of the resolution. He stated we need a proactive government that addresses
the growth and does not turn a blind eye to it and this budget accommodates the growth we're seeing
right now. Atkinson said the bottom line on a budget changes depending on the capital expenditures
and he Feels the capital expenditures planned are necessary and the money needs to be appropriated.
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August 15, 2005
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If i' not needed, then it won't be spent. He encouragedCouncil to vote in favor of the budget
resolution, stating the staff is acting responsibly. He added, however, that he agrees that there needs
to be more public involvement in the budget process.
Larson spoke in favor of the resolution, stating many of the increases relate to planning ahead and the
City reeds to plan ahead.
Kluesner commented that he did some math with his own taxes and the City portion of his tax bill
has gone -up 37.9% over the past 5 years. He said 33% of his tax bill will be going to the City of
Kalispell, compared with a homeowner in .fillings paying only ,18%. He said he just doesn't feel
comfortable with this budget, stating he doesn't agree with the purchase of the wells Fargo building;
he doesn't think we need to add so many employees, and he"s concerned that there's no Capital
improvement plan.
,arson rebutted that a. lot of the tax increase is due to projects the public approved such as the new
fire station and the new high. school.
Olson noted the budget is confusing, but he feels the Council should go forward. He said work needs
to continue to push the .legislature to allow cities like Kalispell to implement a "beds" tax that would
generate income and help pay for the growth.
Kenyon stated the fact is that growth and change are expensive and until there's a ground swell of
public sentiment that leads to a change on how this Council addresses growth, then we're going to
have to live with this.
Gabriel. said she also wishes the public had come to budget workshops because they were helpful to
her. She said she feels the Council has done its due diligence and she's surprised the budget isn-'t
even higher with a growth rate .
Herron stated he is frustrated because the budget process is confusing and he fees there is a lack. of
Council control. He said residential growth doesn't pay for itself} and small groups of people have
stopped some good commercial projects that would have helped. Herron criticized the purchase of
the Wells Fargo building and the .money appropriated for remodeling. He said he#s eoneern.ed with
the budget amount and is frustrated with the process.
Speaking in favor of the budget, Mayor Kennedy stated she is proud of the quality of services the
City offers the residents and our quality of life is something that we can all be proud A
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and.
Mayor Kennedy voting in favor, and Hafferman, Herron and Kles er voting against.
F. RESo UTION o — BUDGET RESOLUTION — ANNUAL TAX LEVIES
This resolution sets the annual tax levies for the City of Kalispell for the fiscal year 2005 -too .
Atkinson moved Resolution 03 , a resolution making the annual tax levies for the City o
Kalispell, Montana, for the fiscal year 5-20, The motion was seconded.
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Patrick gave a staff report and answered questions.
The notion carried upon Droll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson, and
Mayor Kennedy voting in favor, and H ffcrm n, Herron, and Klucs er voting against.
E 3. RESOLUTION 5036 —BUDGET RESOLUTION —SPECIAL LIGHTING DISTRICT
This resolution levies an assessment for the cost of lighting the streets and alleys in the City of
Kali e l's Special Lighting District for the .fiscal year 2005-2006.
Kenyon moved Resolution 5036, esolution levying an assessment for the cost of lighting the
streets and alleys in the City Special Lighting District for the fiscal year Zoo - oo . The motion
was seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
. RESOLUTION 5037 — BUDGET RESOLUTION — DECORATIVE LIGHTING
DISTRICT
This resolution levies an assessment for the cost of lighting the streets In the City of Kalis e l"s
Downtown Decorative Lighting District for the fiscal year Zoo -too .
Kenyon moved Resolution 5037, a resolution levying an assessment for the cost of lighting the
streets in the City Downtown Decorative Lighting District for the fiscal year 005- 00 . The
notion was seconded.
Patrick gave a staff report and answered questions.
The motion carried upon roll call vote with Atkinson, Gabriel, H fferm n, Kenyon, Larson,
Olson and Mayor Kennedy voting in favor, and Herron and Klu s er voting against.
E 5. RESOLUTION 5038 — BUDGET RESOLUTION — SOLID WASTE
This resolution levies the cost of removal of garbage from streets and alleys for the fiscal year 2005-
200.
Larson moved Resolution 5038, a resolution to levy the cost of removal of garbage or other
offensive matter from streets, alleys or on any premises s s a special tax against property from
which such matter was deposited, and the disposition thereof The motion was seconded.
Patrick gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
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E . RESOLUTION 503 -- BUDGET RESOLUTION — URBAN FORESTRY
This resolution levies an assessment for the cost of urban forestry maintenance for the fiscal year
2005-2006.
Atkinson moved Resolution 5039, a resolution levying an assessment for the cost of urban
forestry maintenance in the City for the fiscal year 2005- 00 . The motion was seconded.
Patrick gave a. staff report.
"there was no discussion.
The motion carried upon roll call vote with .Atkinson, Gabriel, Hafferman, Herron, Kenyon,
Kluesner, Larson and Mayor Kenney voting in favor, and Olson voting against.
'. RESOLUTION 5040 BUDGET RESOLUTION — SPECIAL STREET
MAINTENANCE
This resolution levies the cost of maintaining the streets and avenues for the fiscal year 2005-200.
Kenyon moved Resolution 5040, a resolution levying an assessment for the cost of special
maintenance for the purpose ofmaintaining the streets and avenues of the City ofKalispell for
the fiscal year 2005-200 . The motion was seconded.
Patrick gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
E . RESOLUTION 50 1— BUDGET RESOLUTION — STORM SEWER
MAINTENANCE
This resolution levees assessments for the cost of storm sewer maintenance for the fiscal year 2 o5-
200 .
Gabriel moved Resolution 5041, a resolution levying assessments for the cost of storm sewer
maintenance for the fiscal year 2005-200 . The motion was seconded.
Patrick gave a staff report and answered questIons.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferau Herron,, Kenyon,
.parson, Olson and Mayor Kennedy voting in favor, and Kl esner voting against.
E . RESOLUTION 5042 — BUDGET RESOLUTION — PARKING COMMISSION
This resolution approves the annual appropriations of the Parkin; Commission for the fiscal year
Zoo -too.
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Larson. roved Resolution 5042, a resolution setting the annual appropriation for the Parking
Commission of the City of Kalispell, Montana, as set forth in the 2005-2006 budget adopted by
the City Council. The motion was seconded.
.
Patrick gave a staff report and answered questions.
The notion carried upon roll call vote with Atkinson, Gabriel, Hafferrnan, Herron., Kenyon,
Larson, Olson. and Mayor Kennedy voting in favor, and Klnener voting against.
10. RESOLUTION 5043 — BUDGET RESOLUTION — HEALTH DEPARTMENT
This resolution approves the levy request for the City -County Health Department for the fiscal year
2005-2006.
Kenyon moved Resolution 5043, a resolution making the annual tax levies for the City of
Kalispell, Montana, for the fiscal year 2005-200 . The notion was seconded.
Patrick gave a staff report.
There vas no discussion.
The motion carried unanimously upon roll call ivote.
E 11, RESOLUTION 5044 — BUDGET RESOLUTION — .BUSINESS IMPROVEMENT
.DISTRICT BUDGET
This resolution approves the annual appropriations for the Business Improvement District for the
fiscal year 2005 -too .
Gabriel moved Resolution 5044,, a resolution setting the annual appropriation for the BID
(Business Improvement district) of the City of Kalispell, Montana, as set forth in the 2005-
00.get adopted by the City Council. The motion was seconded.
Patrick gage a staff report.
`here was no discussion.
The motion carried upon roll call vote with Atkinson, Gabriel, Hammerman, Kenyon, Klnesn.er,
Larson, Olson and Mayor Kennedy voting in favor, and Herron abstaining,
E/12, RESOLUTION 5045 — BUDGET RESOLUTION — BUSINESS IMPROVEMENT
DISTRICT MILL LEVY BUDGET
This resol t .on adopts a levy to fund the cost of the Business Improvement District for fiscal year
2oo5 -too.
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Kenyon moved Resolution 5045, a resolution making the annual tax levy for the BID (Business
Improvement District) of Kalispell, Montana, for the fiscal year 2005-2006 and levying an
assessment for the BID for fiscal Zoo -too. The motion was seconded.
Patrick gave a staff report and answered questions.
The motion carried neon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Kluesner,
Larson, Olson and Mayor Kennedy voting in favor, and Herron abstaining.
E13. FINAL PLAN' — LEISURE HEIGHTS PHASE 2
This is a request for final plat approval of Us re HeIghts Phase 2. a 2 -lot residential single family
subdivision on approximately 1.2 acres located on the east side of Willow Glen, north of Kelly Road.
Larson moved Council accept the Subdivision Improvement ,Agreement and approve the final
plat for Leisure Heights Phase 2. The motion was seconded.
Wilson gave a staff report.
Patrick answered questions concerning construction inspections.
The motion carried unanimously neon vote.
E .. . FINAL PLAT — G ACIER VILLAGE GREENS PHASE 20
This is a request for final plat approval of Glacier village Greens Phase 20 that plats five single
family lots and 30 townhouse lots on approximately 5.5 acres located at the ort ern terminus of
West Nicklaus Drive.
Gabriel moved Council approve the final plat for Glacier Village Greens .Phase 20. The motion
was seconded.
Wilson gave a staff report and answered questions.
Olson happily noted this subdivision has sidewalks.
Herron stated that this whole project is a good example of quality development.
Larson agreed.
The emotion carried unanimously upon vote.
RESOLUTION 50— GATEWAY WEST MALL PARKING LOT PURCHASE
Resolution 5046 authorizes the City, in partnership with the Flathead County Economic
Development Corporation, to purchase approximately two acres of undeveloped land in the northern
portion of the Gateway west Mall development for additional parking.
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Kenyon moved Resolution 50, a resolution to authorize the City to partner with the Flathead
County Economic Development Authority to purchase areal property in the Gateway West Addition No,
34 for the purposes of providing adequate parking for'Its tenants. The motionwas seconded.
Patrick gave a staff report and answered questions}
Haffera. commented that this is private enterprise and they should be putting in their own parking
lot.
Olson stated that the Council agreed to the parking lot when the City entered into the lease
agreement,
The motion passed upon roll call vote with Atkinson, Gabriel, Kenyon, Larson., Olson and
Mayor Kennedy voting In favor, and Hafferrnan., Herron. and Klues.ner voting against.
Ef; RESOLUTION 5047 — ESTABLISHING COMMUNITY CENTER CITIZENS
GROUP
This resolution establishes a nine -member citizens advisory committee to make recommendations
s
regarding the development of a community center.
Gabriel moved Resolution 5047, a resolution to form an ad hoe Citizen's Advisory Committee
to study the design, development and location of a community recreation center within the City
and to make recommendations to the City Council. The motion was seconded.
Patrick gave a staff report.
Mayor Kennedy noted the resolution states the committee ill consist of nine members. She asked
for a notion to change the number of members to '-between nine and 1 '',
Olson moved that Section I he amended to read: "The committee shall he made up of a
maximum un o thirteen city residents representing seniors',teens downtown businesspersons
and other interested city residents'. The motion was seconded.
The amendment passed unanimously upon voted
afferman suggested the com .1ttee, in addition to the duties spelled out in the resolution, needs to
develop a plan for operation and a method of fundraising. He also suggested they investigate why
previous teen centers have failed and how this center will be different from the current senior center.
Herron commented if the City isn't careful we will have a two million dollar project on our hands by
December and we need to male sure that the committee understands the Council isn't necessarily
going to automatically approve a community center.
Kl esner suggested before anything is approved, the City establish a capital improvements plan.
The main motion as amended passed unanimously upon roll call vote.
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". MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Acti
Mayor Kennedy expressed her condolences to the family and friends of Randy Maddrell, who
was a special friend to many of the disadvantaged in our community.
Olson stated that maybe the budget process needs to be reworked since the Council has been working
on it since May and It still received three "no" votes. He said those votes were a slap in the face to
staff and maybe the Council needs to do a better job, possibly going back to committees.
Patrick stated that the Preliminary official Statement has been issued for the airport bond sale and is
available to review.
G. APIOURN
The meeting was adjourned at :oo p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy ,
Mayor
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