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1. Council Minutes - Regular Meeting - August 19, 2013A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 19,2013, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. COUNCIL MEMBER KARI GABRIEL WAS ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Captain of Detectives Scott Warnell, Finance Director Rick Wills, Parks Director Mike Baker, Public Works Director Susie Turner, Human Resources Director Terry Mitton, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — August 5, 2013 Kenyon moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. C. PUBLIC COMMENT Jerry Begg, 220 Woodland Avenue, read his request to place the issue with his property at 305 2nd Avenue West on a work session agenda. D. PUBLIC HEARING — RATES/ASSESSMENTS — SPECIAL FUNDS Mayor Fisher opened the public hearing and asked for comments concerning an amendment to the fiscal year 2013 budget for the purchase of a permanent easement on the Kidsports property. No one wished to speak. Mayor Fisher closed the public hearing. Kalispell City Council Minutes August 19, 2013 Page 1 (Written comments received prior to the public hearing are attached hereto and made a part of the official record) E/1. RESOLUTION 5634 — FY2013 BUDGET AMENDMENT The purchase earlier this year of a permanent easement on the Kidsports property requires a budget amendment for fiscal year 2013. Russell gave a report. Public Comment None. Atkinson moved Resolution 5634, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2012-2013 budget adopted by the city council. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Gabriel absent, E/2. RESOLUTION 5635 — LIGHT MAINTENANCE ASSESSMENTS This resolution approves an increase in the assessments for light maintenance. Russell gave a report and staff answered questions. Public Comment None. Kenyon moved Resolution 5635, a resolution adopting an increase to the assessments on real property within the City of Kalispell for the costs of the Light Maintenance District. The motion was seconded. Council Discussion Hafferman remarked that administrative costs and new equipment are driving up the cost, not electricity. He recommended not filling the extra half-time employee position to save money. Kalispell City Council Minutes August 19, 2013 Page 2 Kluesner commented we haven't looked at enough alternatives and it bothers him the first step is to go to the taxpayers for more money. Guiffrida noted staff did an excellent job and he is not questioning the data presented, but he also has policy concerns and will not vote in favor of the resolution. Mayor Fisher said she feels an increase is necessary, but she is not in favor of the proposed 15% the first year and 10% for the next four years. Mayor Fisher moved to amend Resolution 5635 by changing the increase to 5% annually for the next five years in order to cover the debt service on the boom truck. The motion was seconded. Zauner spoke in favor of the original motion. The amendment failed upon roll call vote with Hafferman, Kluesner and Mayor Fisher voting in favor, Atkinson, Guiffrida, Kenyon, Saverud, and Zauner voting against, and Gabriel absent. There was no further discussion. The main motion failed upon a tied roll call vote with Atkinson, Kenyon, Saverud, and Zauner voting in favor, Guiffrida, Hafferman, Kluesner, and Mayor Fisher voting against, and Gabriel absent. E /3. RESOLUTION 5636 — STREET MAINTENANCE ASSESSMENTS This resolution approves an increase to the assessments for street maintenance. Russell gave a report and staff answered questions. Public Comment None. Kenyon moved Resolution 5636, a resolution adopting an increase to the assessments on real property within the City of Kalispell for the costs of the Street Maintenance District, known as Special Maintenance District No. 1. The motion was seconded. Council Discussion Mayor Fisher commented she is in favor of this resolution. Guiffrida said he will also be voting against this increase, adding we need to look at revenue trends to see how they are affecting the fund balance. Kalispell City Council Minutes August 19, 2013 Page 3 The motion carried upon roll call vote with Atkinson, Kenyon, Saverud, Zauner, and Mayor Fisher voting in favor, Guiffrida, Hafferman, and Kluesner voting against, and Gabriel absent. E/4. RESOLUTION 5637 — SOLID WASTE COMMERCIAL USER FEES This resolution removes the discount for multiple pickups for commercial solid waste customers. Russell gave a report and staff answered questions. Public Comment None. Saverud moved Resolution 5637, a resolution to adopt the fees, schedules, rates, charges and classifications imposed on the commercial customers of the City of Kalispell Solid Waste Utility. The motion was seconded. Council Discussion Guiffrida commented the current pricing creates a business incentive and he will vote to keep it the way it is. Zauner countered even with the change the rate is still lower than the competition's. Saverud said all solid waste customers, residential and commercial, should be treated equally. The motion carried upon roll call vote with Atkinson, Hafferman, Kenyon, Saverud, and Zauner voting in favor, Guiffrida, Kluesner, and Mayor Fisher voting against, and Gabriel absent. E/5. RESOLUTION 5638 — URBAN FORESTRY ASSESSMENTS This resolution approves an increase in the assessments for the Urban Forestry District. Russell gave a report and staff answered questions. Public Comment I Atkinson moved Resolution 5638, a resolution adopting an increase to the assessments on real property within the City of Kalispell for the costs of the Urban Forestry Maintenance District. The motion was seconded. Kalispell City Council Minutes August 19, 2013 Page 4 Council Discussion Hafferman remarked we need to preserve a good level of maintenance, but Parks is asking for a higher levy than needed. Hafferman moved the new assessment be changed to .00197 for five years. The motion was seconded. The amendment failed upon roll call vote with Hafferman, Kluesner, and Mayor Fisher voting in favor, Atkinson, Guiffrida, Kenyon, Saverud, and Zauner voting against, and Gabriel absent. Guiffrida commented we do not have the resources to provide both maintenance and hazard mitigation, and suggested the city investigate privatization of the forestry district. The main motion failed upon a tied roll call vote with Atkinson, Kenyon, Saverud, and Zauner voting in favor, Guiffrida, Hafferman, Kluesner, and Mayor Fisher voting against, and Gabriel absent. EJ6. RESOLUTION 5639 — BUDGET RESOLUTION — MILL LEVY This resolution sets the annual mill levy for the City of Kalispell for the 2013/2014 fiscal year. Russell gave a report. Public Comment None. Kenyon moved Resolution 5639, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2013-2014. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Gabriel absent. E17. RESOLUTION 5640 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS This resolution sets the annual appropriations for the City of Kalispell for the 2013/2014 fiscal year. Russell gave a report and staff answered questions. Kalispell City Council Minutes August 19, 2013 Page 5 Public Comment 0 "M Saverud moved Resolution 5640, a resolution setting the annual appropriations for the City of Kalispell, Montana, for Special Revenue Funds, Debt Service Funds, Capital Project Funds and Proprietary Enterprise Funds as set forth in the 2013-2014 budget adopted by the city council. The motion was seconded. Council Discussion Guiffrida moved to amend the appropriations by reducing the $15,000 to $7,500 under line item 357 of the Storm Water Enterprise Fund titled: Impact Fee Update, Fund #5349-453- 430246. The motion was seconded. Guiffrida explained his reasoning for the offered amendment. The amendment carried upon roll call vote with Atkinson, Guiffrida, Hafferman, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Kenyon voting against, and Gabriel absent. Mayor Fisher moved to amend Resolution 5640 to include only the preliminary urban forestry budgeted amounts from the preliminary budget. The motion was seconded. The amendment carried upon roll call vote with Guiffrida, Hafferman, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Atkinson and Kenyon voting against, and Gabriel absent. There was no further discussion. The main motion, as amended two times, carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Gabriel absent. E/8. RESOLUTION 5641 — BUDGET RESOLUTION — URBAN FORESTRY This resolution levies the assessment for the cost of urban forestry maintenance for fiscal year 201'-')/2014. Russell gave a report and answered questions. Public Comment None. Kalispell City Council Minutes August 19, 2013 Page 6 Saverud moved Resolution 5641, a resolution levying an assessment for the cost of Urban Forestry Maintenance in the city for the fiscal year 2013-2014. The motion was seconded. Council Discussion Hafferman moved to amend the urban forestry assessment rate to .00171. The motion was seconded. The amendment carried unanimously upon roll call vote with Gabriel absent. There was no further discussion. The main motion as amended carried unanimously upon roll call vote with Gabriel absent. This resolution levies the assessment for removing solid waste from city streets and alleys for fiscal year 2013/2014. Russell gave a report. Ikiblic Comment None. Atkinson moved Resolution 5642, 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. Council Discussion 164 The motion carried upon roll call vote with Atkinson, Guiffrida, Hafferman, Kenyon, Saverud, Zauner, and Mayor Fisher voting in favor, Kluesner voting against, and Gabriel absent. E/10. RESOLUTION 5643 — BUDGET RESOLUTION — STREET MAINTENANCE This resolution levies the assessment for maintaining the streets and avenues for fiscal year 2013/2014. Russell gave a report. Public Comment None. Kalispell City Council Minutes August 19, 2013 Page 7 Saverud moved Resolution 5643, 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 2013-2014. The motion was seconded. Council Discussion None. The motion carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Gabriel absent. This resolution levies the assessment for maintaining the storm sewer utility for fiscal year 2013/2014. Russell gave a report. Public Comment None. Atkinson moved Resolution 5644, a resolution levying assessments for the cost of storm sewer maintenance for the fiscal year 2013-2014. The motion was seconded. Council Discussion The motion carried unanimously upon roll call vote with Gabriel absent. E/12. RESOLUTION 5645 — BUDGET RESOLUTION — SPECIAL LIGHTING DISTRICT This resolution levies the assessment for maintaining the street lighting in the City for fiscal year 2013/2014. Russell gave a report and staff answered questions. Public Comment None. Atkinson moved Resolution 5645, a resolution levying an assessment for the cost of lighting the streets and alleys in the city Special Lighting District for the fiscal year 2013-2014. The motion waE seconded. Kalispell City Council Minutes August 19, 2013 Page 8 Council Discussion Guiffrida moved to amend the lighting assessment to .00300 with anticipated revenue of $236,000. The motion was seconded. The amendment carried unanimously upon roll call vote with Gabriel absent. There was no further discussion. The main motion, as amended, carried unanimously upon roll call vote with Gabriel absent. This resolution approves the annual appropriations and annual tax levy for the Kalispell Downtown Business Improvement District for fiscal year 2013/2014. Russell gave a report. z::1 Public Comment None. Kenyon moved Resolution 5646, a resolution making the annual tax levy for the BUD (Business Improvement District) of Kalispell, Montana, for the fiscal year 2013-2014 and levying an assessment for the BID for fiscal 2013-2014. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Gabriel absent. E/14. RESOLUTION 5647 — BUDGET RESOLUTION — TOURISM BID This resolution approves the annual appropriations for the Tourism Business Improvement District for fiscal year 201312014. Russell gave a report. Public Comment None. Atkinson moved Resolution 5647, a resolution setting the annual appropriation for the Tourism Business Improvement District of the City of Kalispell, Montana, as set forth in the 2013-2014 budget adopted by the city council. The motion was seconded. Kalispell City Council Minutes August 19, 2013 Page 9 Council Discussion None. The motion carried unanimously upon roll call vote with Gabriel absent. E/15. RESOLUTION 5648 — BUDGET RESOLUTION — CITY/COUNTY HEALTH DEPARTMENT This resolution approves the levy request for the City/County Health Department for the 2013/2014 fiscal year. Russell gave a report and staff answered questions. Public Comment None. Kenyon moved Resolution 5648, a resolution making the annual tax levies for the City of Kalispell, Montana, for the fiscal year 2013-2014. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Gabriel and Kenyon absent. E/16. CONTRACT AMENDMENT — AFSCME LOCAL UNION #256 This amendment outlines certain revisions to the AFSCME Local 256 Collective Bargaining Agreement. Russell gave a report and answered questions. Public Comment None. Guiffrida moved council approve the first amendment to the Collective Bargaining Agreement with AFSCME Local 256. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote with Atkinson and Gabriel absent. Kalispell City Council Minutes August 19, 2013 Page 10 F. MAYOR/COUNCIL/CITY MANAGER REPORTS (No Action) Russell stressed the community interest in the Four Mile Drive and Kalispell Bypass projects and stated there will be a Resolution of Support presented at the next meeting. Russell also informed council the next work session will focus on modifications to the Willow Creek PUD Agreement. Mayor Fisher expressed condolences to Gene Thompson's family on his recent passing, noting he was a former Kalispell Fire Marshal. Mayor Fisher announced there will be a 911 Committee Strategic Planning work session held on August 28 at 3:00 p.m. and spoke about her Natural Resource Tour of northeast Wyoming, thanking Mayor Tom Murphy of Gillette and the Wyoming taxpayers for funding the trip. MEEIRDIGE34 The meeting was adjourned at 9:45 p.m. Theresa White City Clerk Kalispell City Council Minutes August 19, 2013 Page 11