1. Council Minutes - Regular Meeting April 15, 2002A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, APRIL 15, 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,
FRED LEISTIKO, HANK OLSON, JAYSON PETERS AND CITY MANAGER CHRIS
KUKULSKI WERE PRESENT. COUNCIL MEMBER DUANE LARSON WAS ABSENT.
Mayor Kennedy called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Leistiko 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 April 1, 2002
2. Pledged Securities as of March 31, 2002
3. Quilt Club Presentation - Fire Department
The Kalispell Thursday Quilt Club has donated two quilts to
the Kalispell Fire Department. One quilt will be hung in the
Fire Station and the other will be used as a fundraiser for
fire and rescue safety equipment.
4. Introduction - New Assistant Fire Chief/Fire Marshal Jim
Stewart
5. Proclamation - Arbor Day - April 26, 2002
6. Proclamation - Day of Prayer - May 2, 2002
7. Proclamation - Equal Pay Day - April 16, 2002
8. Proclamation - National Credit Education Week - Week of April
15, 2002
Peters moved approval of the Consent Agenda. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon vote.
Kalispell City Council Minutes
April 15, 2002
Page 1
STUDENT ISSUES
None
HEAR THE PUBLIC
Betty Albright, Chairman of the Street Tree Commission, introduced
Mark Rothermel, the newest member of the board and presented
Kalispell with the 2001 Tree City USA plaque, stating this is the
15th year Kalispell has received the growth award.
RESOLUTION 4691 - DESIGNATING GLACIER BANK AS DEPOSITOR OF THE CITY
Leistiko moved Resolution 4691, a resolution designating Glacier
Bank as the depositor of the City of Kalispell and authorizing the
City Manager, Finance Director and Assistant Finance Director to
execute checks, drafts or other orders withdrawing funds from City
accounts with said Bank. The motion was seconded.
Olson asked why the City is changing banks.
Kukulski answered the City has been working for years with a
National bank and felt it was time to work with a local
institution.
The motion carried unanimously upon roll call vote.
RESOLUTION 4692 - GLACIER VILLAGE GREENS ASSESSMENTS
Kenyon moved Resolution 4692, a resolution setting special
assessment quantities for homeowner parkland in Glacier Village
Greens at a uniform average amount to ensure assessment equity
between parcels and consistency with pre -annexation commitments.
The motion was seconded.
Hafferman stated this parkland is maintained by the homeowners and
asked what has been done with other subdivisions in similar
circumstances; what happens if this parkland reverts to the City if
taxes aren't paid; does the 3,050 square feet of parkland per lot
reflect a cap of two acres on each phase as directed by the Council
previously; and how are the undeveloped tracts to be taxed in
comparison with the areas already developed.
Kukulski said as Public Works Director Jim Hansz explained in his
memo, some phases of the development included substantial parkland
and other phases included none. He said the intention of averaging
the parkland throughout the development is exactly what was stated
during homeowner meetings and hearings. Kukulski said he can't
speak to how other subdivisions have been handled but he hopes they
are all treated equitably. He said he doesn't believe the 3,050
Kalispell City Council Minutes
April 15, 2002
Page 2
square feet of parkland per lot will reach the assessment cap as
indicated by the Council, but reminded members that the cap hasn't
been officially approved yet. He said as far as undeveloped
property, the vacant land is not in the City at this time but once
the two acre cap is approved, he hopes the City can annex that
property along with the Club House. Kukulski added that if the
parkland reverts to the City at some point, then it would become
public, not private, and the assessments would be eliminated.
Hafferman commented if the issues just discussed were defined in
the resolution, then he wouldn't have any problem voting for it. He
said, however, he can't vote for it as it stands.
Kennedy asked City Attorney Charles Harball if he sees any problem
with the resolution after hearing Hafferman's comments.
Harball stated Hafferman has valid concerns, but they weren't
raised in the resolution because no formal action on these issues
has been taken by the Council.
Olson said maybe the Council should wait to act on this resolution
until the Council formally takes action on parkland assessments.
Harball and Hansz commented that if the Council is concerned with
the issues raised by Hafferman, then maybe action should be
postponed.
Olson moved to postpone action on Resolution 4692 until the May 6,
2002 meeting. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
ORDINANCE 1415 - ZONING REQUEST - J&F CONSTRUCTION - 2ND READING
J&F Construction has requested a zoning designation of R-3,
Residential, on approximately 25 acres of land located on the north
side of Three Mile Drive about one half mile from its intersection
with North Meridian Road. Ordinance 1415 passed on first reading
April 1st.
Atkinson moved second reading of Ordinance 1415, 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 Assessor's Tract 6 located in Section 1,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana
Kalispell City Council Minutes
April 15, 2002
Page 3
(previously zoned County SAG-10, Suburban Agricultural) to City R-3
(Residential), in accordance with the City -County Master Plan, and
to provide an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1416 - ADOPTING UNIFORM BUILDING CODES - 1ST READING
Each time the State amends the Administrative Rules of Montana,
Kalispell must adopt the changes in order to maintain its
certification to enforce building codes.
Atkinson moved first reading of Ordinance 1416, an ordinance to
amend Ordinance No. 1301 which adopted, by reference, the "Uniform
Building Code", 1997 Edition; the "Uniform Mechanical Code" (ICBO
Version), 1997 Edition; the "Council of American Building
Officials, One and Two Family Building Code", 1995 Edition; the
"Uniform Code for Abatement of Dangerous Buildings", 1997 Edition;
the "Uniform Housing Code", 1997 Edition; and the "Model Energy
Code", 1993 Edition, as the building codes of the City of
Kalispell, and applicable to the jurisdictional area thereof;
subject to the amendments made, adopted and approved by the
Building Codes Division, Department of Labor and Industry, State of
Montana; to provide a penalty for the violation of any lawful order
issued pursuant thereto; and establishing an effective date. The
motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1417 - ADOPTING UNIFORM PLUMBING CODES - 1ST READING
Various sections of the Administrative Rules of Montana relating to
plumbing codes have also been amended and the City is required to
adopt those changes.
Counsell moved first reading of Ordinance 1417, an ordinance to
amend Ordinance No. 1397 which adopted, by reference, the "Uniform
Plumbing Code", 2000 Edition, as the plumbing code of the City of
Kalispell, and applicable to the jurisdictional area thereof;
subject to the amendments made, adopted and approved by the
Building Codes Division, Department of Labor and Industry, State of
Montana; to provide a penalty for the violation of any lawful order
issued pursuant thereto; and establishing an effective date. The
motion was seconded.
Kalispell City Council Minutes
April 15, 2002
Page 4
There was no discussion.
The motion carried unanimously upon roll call vote.
CITY ATTORNEY APPOINTMENT AND WAIVER OF RESIDENCY REQUIREMENT
Nine applications were received for the position of Kalispell City
Attorney. The hiring committee has unanimously recommended that
Acting City Attorney Charles Harball be appointed as the City
Attorney but in order to do so, the Council must waive the City
residency requirements.
Kennedy read a memo she presented to the Council just prior to the
meeting. (Memo is attached and by this reference is made a part of
the official record)
Leistiko moved that the Council waive the residency requirement and
appoint Charles Harball to the position of Kalispell City Attorney
for a two year term as provided by Administrative Ordinance 1166.
The motion was seconded.
There was no discussion.
Olson asked about the time frame of the appointment.
Kukulski answered the two-year term would begin as of today, April
15, 2002.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski thanked the City Attorney Hiring Committee for its help.
There was discussion concerning streetscape and the need for a
truck bypass. Atkinson asked everyone to write letters to
Congressmen and MDOT.
ADJOURN
The meeting was adjourned at 8:00 p.m.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council Minutes
April 15, 2002
Page 5
t,
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(4061758-7758
REPORT TO: City Council
FROM: Mayor Pamela B. Kennedy
SUBJECT: City Attorney Appointment and Waiver of Residency Requirement
MEETING DATE: April 15, 2002
BACKGROUND: Nine applications were received for the position of Kalispell City Attorney.
Over the past several weeks, a hiring committee reviewed the applications and interviewed four
potential candidates. Following the initial interview process, the hiring committee narrowed the field
to two applicants, Acting City Attorney Charles Harball and Matthew Cooper of Lakewood,
Washington. Both men met with several Council and staff members at a reception Friday morning.
Following the reception, the hiring committee met again and unanimously determined that Charles
Harball is the best candidate for the position of City Attorney. Matthew Cooper was also well
received and has been offered the position of Assistant City Attorney.
In order to officially appoint Charles Harball as Kalispell City Attorney, the Council is
required to waive the residency requirement as he lives outside the City limits. According to
Ordinance 847, Section 2, all department heads must reside within the City limits...` unless
authorized by the City Council to reside outside the City limits". It is the feeling of the hiring
committee that the City Attorney does not require a specified response time and therefore living
within the City limits is not essential to the position.
RECOMMENDATION: Based on the unanimous decision of the City Attorney hiring
committee, I am recommending that the City Council waive the residency requirement and appoint
Charles Harball to the position of Kalispell City Attorney to a two year term as provided by
Administrative Ordinance 1166.
ALTERNATIVES: As suggested by Council.
1espe vely submitted,
'
Pamela B. Kenned --
Mayor