1. Council Minutes - Regular Meeting May 20, 2002A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 20, 2002, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY KENYON,
DUANE LARSON, FRED LEISTIKO, HANK OLSON, JAYSON PETERS AND CITY
MANAGER CHRIS KUKULSKI WERE PRESENT.
Mayor Kennedy called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Larson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting May 6, 2002
2. Award Bid - City Hall Remodeling Project
One bid was received for the fire and police remodeling
project for City Hall. Staff recommended the bid be awarded
to Scott Davison Construction in the amount of $61,000.
3. Award Bid - Parking Lot Project - Keno Inn
Five bids were received for the Parking Lot Construction
Project from Goose Bay Equipment, JTL Group, LHC Inc., Pack &
Co., Sandon Construction and Settle Services. Staff
recommended the bid for the construction of a parking lot at
the old Keno Inn site be awarded to JTL Group.
4. Police Officer Confirmation
Officer Myron Wilson has successfully completed his one-year
probationary period as a patrol officer for the Kalispell
Police Department and Council confirmation is required.
Leistiko moved approval of the Consent Agenda. The motion was
seconded.
There was no discussion.
The motion carried upon vote.
STUDENT ISSUES
Jeralee Dubois, 55 Pickwick Court, said she was nominated for the
2003 Junior National Teenager and stated she will be attending the
Kalispell City Council Minutes
May 20, 2002
Page 1
national competition the last week of July in Tennessee. She said
this is a scholarship foundation, not a beauty pageant, and asked
for donations or sponsorship to help with the trip. Dubois said if
anyone would like to donate, please contact her at 756-6003 or 253-
7566.
HEAR THE PUBLIC
Rodney Dresbach, Fire Chief for West Valley Volunteer Fire
Department, commented that Ordinance 1419 (Designation of Building
Permit Fees for Fire Prevention) is too vague and the parameters
should be defined.
PUBLIC HEARING - 2001-2002 BUDGET AMENDMENTS
Budget amendments are needed for the following funds: General
(Municipal Court and Fire Department); Airport; Downtown Tax
Increment; Light and Self -Insured Health.
Mayor Kennedy opened the public hearing.
Proponents
None
Opponents
None
Mayor Kennedy closed the public hearing.
RESOLUTION 4696 - MUNICIPAL COURT 2001-2002 BUDGET AMENDMENT
($10,000.00)
Leistiko moved Resolution 4696, a resolution amending the annual
appropriation of the City of Kalispell, Montana, as set forth in
the 2001-2002 budget adopted by the City Council for the purpose of
appropriating funds for public defender fees for the Kalispell
Municipal Court. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4697 FIRE DEPARTMENT 2001-2002 BUDGET AMENDMENT
($20,000.00)
Larson moved Resolution 4697, a resolution amending the annual
appropriation of the City of Kalispell, Montana, as set forth in
the 2001-2002 budget adopted by the City Council for the purpose of
appropriating funds for Fire Department overtime. The motion was
seconded.
Kalispell City Council Minutes
May 20, 2002
Page 2
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4698 - AIRPORT 2001-2002 BUDGET AMENDMENT ($1,500.00)
Atkinson moved Resolution 4698, a resolution amending the annual
appropriation of the City of Kalispell, Montana, as set forth in
the 2001-2002 budget adopted by the City Council for the purpose of
appropriating funds for Airport maintenance. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4699 - DOWNTOWN TAX INCREMENT 2001-2002 BUDGET AMENDMENT
($185,328.00)
Kenyon moved Resolution 4699, a resolution amending the annual
appropriation of the City of Kalispell, Montana, as set forth in
the 2001-2002 budget adopted by the City Council for the purpose of
appropriating funds for the Downtown Urban Renewal District Fund
2180. The motion was seconded.
Hafferman questioned the amendment, stating if the City doesn't
have a specific project, then the money needs to be turned back to
the taxpayer. He said leaving things "open ended is not a way to do
business".
Kukulski explained whether the City ultimately uses the funds for
a specific project or turns the money back to the taxpayers, the
finance department still has to have budget authority. He said
these are revenues that were underestimated in the sun setting of
the TIF district.
Leistiko said he understands the City hasn't earmarked this money
for anything specific, but he believes there are plenty of projects
in the downtown increment district that the money can be used for,
such as supplying the Hockaday with a new roof.
The motion carried upon roll call vote with Atkinson, Counsell,
Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in
favor, and Hafferman voting against.
RESOLUTION 4700 STREET LIGHT 2001-2002 BUDGET AMENDMENT
($20,000.00)
Kenyon moved Resolution 4700, a resolution amending the annual
appropriation of the City of Kalispell, Montana, as set forth in
Kalispell City Council Minutes
May 20, 2002
Page 3
the 2001-2002 budget adopted by the City Council for the purpose of
appropriating funds for Street Light Maintenance. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4701 - SELF -INSURED HEALTH 2O01-2002 BUDGET AMENDMENT
($391,000.00)
Kenyon moved Resolution 4701, a resolution amending the annual
appropriation of the City of Kalispell, Montana, as set forth in
the 2001-2002 budget adopted by the City Council for the purpose of
appropriating funds for Health Claims. The motion was seconded.
Hafferman said two options for health care were discussed at a
recent work session; looking for a better rate with another carrier
or placing a cap on how much the City would pay with the employees
picking up some of the cost. He said answers to those options need
to be provided before the Council appropriates anything further.
Mayor Kennedy agreed that the issue needs to be investigated for
the future, but the City is self -insured and these claims are
currently a liability that need to be paid this budget year.
Hafferman stated he feels the resolution needs to be more specific
and because it's so open ended, he will not vote for it.
Olson asked how the City got so "out of whack"
Kukulski said it isn't an issue of getting "out of whack", it's an
issue of rising health costs and an unusual amount of claims over
the past eighteen months. He said the self -insured fund has been
in existence for over ten years and until eighteen months ago, the
City had an average of two years worth of claims in the bank.
The motion carried upon roll call vote with Atkinson, Counsell,
Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in
favor, and Hafferman voting against.
ORDINANCE 1418 - ZONING ORDINANCE TEXT AMENDMENTS - LOT COVERAGE -
2ND READING
These amendments would increase the allowable lot coverage in most
of the residential zoning districts by five percent, will clarify
that decks less than thirty inches in height will not be included
in the lot coverage limits and will eliminate the twenty five
Kalispell City Council Minutes
May 20, 2002
Page 4
percent lot coverage limits in rear yards of the R zones. Ordinance
1418 passed on first reading May 6th.
Larson moved second reading of ordinance 1418, an ordinance
amending various residential sections of the Kalispell Zoning
Ordinance, (Ordinance No. 1175), by amending the lot coverage
limits; Section 27.22.020(3)(d), by deleting rear yard coverage
limits; Section 27.37.010, by amending the definitions of lot
coverage and structure, and declaring an effective date. The motion
was seconded.
Counsell commented that he feels this ordinance is a good move
because it encourages consistency and more density in the City.
The motion carried unanimously upon roll call vote.
ORDINANCE 1419 - DESIGNATION OF BUILDING PERMIT FEES FOR FIRE
PREVENTION - 2ND READING
The Kalispell Fire Department has established a Prevention
Division. A major portion of the Prevention Division's work is
related to building code enforcement. This resolution designates
28% of the building permit fees for the fire prevention program
costs. Ordinance 1419 passed on first reading May 6th.
Leistiko moved second reading of Ordinance 1419, an ordinance
establishing a fire prevention program fee of twenty-eight percent
of the building permit fee for all building construction within the
City of Kalispell, Montana, and declaring an effective date. The
motion was seconded.
City Attorney Charles Harball, responding to Rodney Dresbach's
concerns, clarified that the twenty eight percent will only be
applied to those building permits within the City limits of
Kalispell.
Atkinson asked that in the future, concerns such as Mr. Dresbach's,
be presented to staff prior to the public meeting to show an
attitude of cooperation.
The motion carried unanimously upon roll call vote.
ORDINANCE 1420 - SPECIAL STREET MAINTENANCE ASSESSMENTS - 2ND
READING
This ordinance sets assessment rates for special street
maintenance, exempting parklands and cemeteries, and sets maximum
assessments for vacant land and residential land. Ordinance 1420
Kalispell City Council Minutes
May 20, 2002
Page 5
passed on first reading, with an amendment adding cemeteries, May
6th.
Larson moved second reading of Ordinance 1420, an ordinance
amending Ordinance No. 1035 by providing a multi -tiered system of
special street assessment and exempting cemeteries, public and
private parklands, and providing an effective date. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1421 - STORM DRAINAGE ASSESSMENTS - 2ND READING
This ordinance sets assessment rates for storm drainage
maintenance, exempting parklands and cemeteries, and sets maximum
assessments for vacant land and residential land. ordinance 1421
passed on first reading, with an amendment adding cemeteries, May
6th.
Atkinson moved second reading of Ordinance 1421, an ordinance
amending Ordinance No. 862 by providing a multi -tiered system for
storm drain assessment and exempting cemeteries, public and private
parklands therefrom and providing an effective date. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4702 - ANNEXATION REQUEST - FLATHEAD (GLACIER) VILLAGE
GREENS PHASE XI
Flathead Village Greens, Inc. has requested annexation of
approximately 2.9 acres on the north side of East Nicklaus Avenue
in Village Greens known as Phase XI.
Leistiko moved Resolution 4702, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein as an annexation certain real property, more particularly
described as the subdivision plats of Village Greens Phase XI
located in Section 32, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana, to be known as Village Greens Phase XI
Addition No. 313; to zone said property in accordance with the
Kalispell Zoning Ordinance, and to declare an effective date. The
motion was seconded.
Kalispell City Council Minutes
May 20, 2002
Page 6
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1422 - INITIAL ZONING - FLATHEAD (GLACIER) VILLAGE GREENS
- 1ST READING
Flathead Village Greens, Inc. has requested an initial zoning
designation of R-4, Two -Family Residential, on Phase XI. The
property is currently zoned County R-5, Two -Family Residential.
Atkinson moved first reading of Ordinance 1422, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property described as the Subdivision Plats of Village Greens Phase
XI located in Section 32, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana (previously zoned County R-5, Two -Family
Residential) to City R-4 (Two -Family Residential), in accordance
with the City -County Master Plan, and to provide an effective date.
Hafferman said there has been a lot of "hullabaloo" concerning
whether the Council can do zoning without a growth policy and
inquired as to when the City can expect an opinion from the
Attorney General's Office.
Harball reported it's his understanding that the Attorney General's
opinion may be available around June 1st.
The motion carried unanimously upon roll call vote.
RESOLUTION 4703 - INTERIM FINANCING LOAN - TRI-CITY PLANNING OFFICE
The Tri-City Planning Office has requested a $40,000 loan from the
cities of Columbia Falls, Kalispell and Whitefish to be repaid when
contested FRDO funds are released.
Atkinson moved Resolution 4703, a resolution authorizing the
Finance Director to loan funds from the General Fund to the Tri-
City Planning Fund in the amount of $21,520 for short term
financing until legal remedies release their funds. The motion was
seconded.
Kukulski explained that until the Flathead Regional Development
Office funds are released by the County, a loan is needed to keep
the Tri-City Planning Office running. He said at a work session
approximately sixty days ago, Columbia Falls, Kalispell and
Whitefish agreed to make proportionate interest -free loans to
continue the operation.
Kalispell City Council Minutes
May 20, 2002
Page 7
Atkinson asked what happens if the FRDO funds are never released.
Kukulski said the three cities have made plans in.their 2002-2003
budgets to fund the office one hundred percent, assuming no cash
carryover.
Hafferman said he once again wants to stress that he is not in
favor of continuing the tri-city relationship, as he stated at the
work session previously mentioned. He then inquired as to the
status of the lawsuit the City filed against the County, whether
the 2002-2003 budget will show a payback of this loan, and what
happens if the other cities don't pay?
Kukulski answered that Whitefish is the only city that has filed
suit against the County and it's still in the court, the loan
payback is not listed as revenue in the 2002-2003 budget, and
finally, Columbia Falls and Whitefish have committed to paying
their dedicated amount of the loan and Kalispell will not be
responsible for that share.
The motion carried upon roll call vote with Atkinson, Counsell,
Kenyon, Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in
favor, and Hafferman voting against.
AMENDED TETON TERRACE SUBDIVISION BYLAWS AND DECLARATION OF
CONDITIONS, COVENANTS AND RESTRICTIONS
Susan Moyer, Community Development Director, explained that because
the City no longer owns any land within Teton Terrace, the Teton
Terrace Homeowner Association is asking the Council to approve the
amended Bylaws and CC&R's that remove the City from future
responsibility. Moyer said Teton Terrace is now a stand alone
project and the City no longer has any interest in the project.
Leistiko moved the Council approve the amended Bylaws and
Declaration of Conditions, Covenants and Restrictions that remove
the City from future responsibility for the activities of the
subdivision known as Teton Terrace. The motion was seconded.
The motion carried unanimously upon vote.
BOARD APPOINTMENT - 9-1-1 COMMITTEE
The 9-1-1 Committee is comprised of several appointees from
different Flathead County agencies. Kalispell's appointees include
one City Council member and two Public Safety Chiefs, one primary
and the other alternate. Staff requested that Council appoint Fire
Chief Randy Brodehl and the primary public safety representative
with Police Chief Frank Garner as the alternate.
Kalispell City Council Minutes
May 20, 2002
Page 8
Olson moved the Council appoint Fire Chief Randy Brodehl as the
primary public safety representative and Police Chief Frank Garner
as the alternate representative to the 9-1-1 Committee. The motion
was seconded.
There was no discussion.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Larson reminded Council members that the Executive Director of the
Montana League of Cities and Towns, Alec Hansen, will be discussing
upcoming legislative issues starting at 4:00 p.m., May 22nd, at
Central School.
Mayor Kennedy congratulated City Manager Kukulski on the birth of
a baby girl, Shelby Joy, on May 14th.
ADJOURN
The meeting was adjourned at 8:15 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council Minutes
May 20, 2002
Page 9