07/06/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, JULY 6, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON,
TIM KLUESNER, DUANE LARSON, AND HANK OLSON WERE PRESENT. COUNCIL
MEMBER WAYNE SAVERUD WAS ABSENT.
Also present: Interim City Manager Myrt Webb, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Roger Nasset, Acting Fire Chief Dan Diehl, Public Works Director Jim Hansz,
Finance Director Amy Robertson, Parks and Recreation Director Mike Baker, Human Resources
Director Terry Mitton, Information Technology Director Erika Hess, Acting Economic and
Community Development Director Katharine Thompson, Senior Planner PJ Sorensen, and
Recording Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPRO VAL
Larson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Saverud absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting — June 15, 2009
2. Council Minutes — Special Meeting — June 29, 2009
3. Award Bid — Asphalt Overlay Project
Three bids were received for the 2009 Asphalt Overlay Project from LHC ($314,314.78),
Knife River ($293,210.10), and Schellinger ($307,782.50). Staff is recommending the bid be
awarded to Knife River.
Atkinson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Saverud absent.
C. STUDENT ISSUES
None.
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D. PUBLIC COMMENT
Janet Clark, Business Improvement District board member, stated last week's Thursday! Fest was a
resounding success and thanked the council for its support. She invited everyone to attend one of the
eight remaining Thursday!Fests.
Mickey Lapp, 160 Kelly Road, said hopefully the new city manager has a handful of magic beans,
otherwise, citizens may have to change the face of the council come November.
Todd Snarr, 210 River Place, complimented Kluesner and Hafferman regarding their budget
concerns and stated he called other cities regarding their city manager's salary and most of them
don't pay as much as we are going to. He remarked he is concerned about the manager's personal use
of a city vehicle and asked council to observe what is going on in this community.
Rosie Olson, 320 Two Mile Drive, #207, commented that Woodland Park is a disaster area with
trash by the big pavilion, but the kids are doing a much better job cleaning up the skate park area.
E. PUBLIC HEARING — ANNEXATION — WHOLLY SURROUNDED PROPERTIES
Sorensen gave a staff report concerning the annexation of several small properties which are wholly
surrounded but have not been annexed.
Mayor Kennedy opened the public hearing.
Proponents
None.
Opponents
None.
Mayor Kennedy closed the public hearing.
F. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
F/l. RESOLUTION 5373 — ANNEXATION — WHOLLY SURROUNDED PROPERTIES
Resolution 5373 annexes nine pieces of property which have historically been shown as being in the
city, but were determined to be outside following a GIS review.
Kenyon moved Resolution 5373, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein, as an annexation, certain tracts of land, more
particularly described in Exhibit "A", and declaring an effective date. The motion was
seconded.
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Sorensen and Hansz answered questions.
Hafferman commented this is an incomplete resolution because it has no extension of services plan
which must be provided on wholly surrounded properties. He said he will not vote for it because it
does not include a plan on how we are going to provide future services and therefore is not in
accordance with State law.
Harball responded that the Extension of Services Agreement was updated in 2004 and services are
readily available to all of the properties.
Hafferman stressed that we need a written extension of services plan on the specific issues before we
vote on this.
There was further discussion regarding the extension of services plan and who would have to pay to
extend services to homeowners who currently have wells and septic systems.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson,
Olson, and Mayor Kennedy voting in favor, Hafferman voting against, and Saverud absent.
F/2. ORDINANCE 1665 — CIVIL INFRACTION — TAMPERING WITH CITY WATER
UTILITY PROPERTY —1ST READING
Currently individuals who tamper with or make unauthorized connections to the city's water utility
can be charged with a misdemeanor. Ordinance 1665 changes the offense to a civil infraction.
Larson moved first reading of Ordinance 1665, an ordinance amending Kalispell City Code
26-9 to decriminalize the enumerated violations of tampering with city water utility property,
making such violations civil infractions and declaring an effective date. The motion was
seconded.
Harball gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote with Saverud absent.
F/3. ORDINANCE 1666 — CIVIL INFRACTION — COMMUNITY DECAY — 1ST
READING
Currently community decay violations such as noxious weeds, junk vehicles, etc. are charged as
misdemeanors. Ordinance 1666 changes these violations to civil infractions.
Kenyon moved first reading of Ordinance 1666, an ordinance amending Kalispell City Codes
10-9, 11-17, 11-28 and 19-36 to decriminalize the enumerated violations regarding the keeping
of combustible debris upon premises, the keeping of noxious weeds upon premises, the
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maintaining of community decay upon premises and the keeping of junk vehicles upon
premises, making such violations civil infractions and declaring an effective date. The motion
was seconded.
Harball gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote with Saverud absent.
F/4. RESOLUTION 5374 — PAYMENT IN LIEU OF TAXES POLICY
This resolution establishes a policy concerning payments in lieu of taxes for entities that are
otherwise exempt from paying city property taxes.
Atkinson moved Resolution 5374, a resolution establishing the policy of the City of Kalispell
that the city shall require an agreement of Payment in Lieu of City Taxes (PILT) between the
City of Kalispell and any non-profit entity receiving a tax exempt status from the State of
Montana when that entity competes directly with local property taxpaying entities and seeks
services from the City of Kalispell requiring a building permit for new construction that
creates additional enclosed space. The motion was seconded.
Webb gave a staff report and answered questions.
Mayor Kennedy noted she is concerned with the use of the word "shall" in the agreement; it does not
give council leverage to determine there won't be a payment required.
Harball explained the language requires staff to negotiate an agreement, not a dollar amount, and
then the agreement must come before council.
Kluesner agreed with Harball, stating "shall" means there will be an agreement. He said the council
could decide that amount is a dollar if it wants to.
Hafferman said he also feels the language is adequate and provides flexibility.
Mayor Kennedy remarked she is still concerned with the wording.
There was discussion regarding non -profits competing with for -profit businesses.
Olson commented he would like to see a "change of use" also included, not just new construction.
Kluesner agreed.
Harball stated that would be harder to implement as the PILT is triggered by a building permit
application.
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Mayor Kennedy suggested the council pass this resolution now and place the issue on a work session
for further discussion.
There was no further discussion.
The motion carried unanimously upon roll call vote with Saverud absent.
F/5. FINAL PLAT — SILVERBROOK ESTATES PHASE lA
This is a request for final plat approval of Silverbrook Estates Phase 1A which includes 178 single-
family residential lots located on the west side of Highway 93 south of the intersection of Highway
93 and Church Drive.
Kenyon moved council approve the final plat for Silverbrook Estates Phase 1A. The motion
was seconded.
Sorensen gave a staff report and answered questions.
Atkinson and Mayor Kennedy complimented the developers on the work they have done.
There was no further discussion.
The motion carried unanimously upon vote with Saverud absent.
F/6. PART-TIME EMPLOYMENT CONTRACT — INTERIM CITY MANAGER
This contract allows Myrt Webb to continue to work with the city until the new manager arrives on a
part-time, $25.00 per hour basis.
Atkinson moved council approve the part time employment contract with Myrt Webb. The
motion was seconded.
Harball gave a staff report.
Council members thanked Webb for his professional approach and the great work he has done.
There was no further discussion.
The motion carried unanimously upon vote with Saverud absent.
F/7. CONDITIONAL USE PERMIT — ACCESSIBLE SPACE INC. (TABLED JUNE 15)
This is a request for a conditional use permit to construct a 23-unit assisted living apartment building
on approximately two acres located at the eastern end of Indian Trail. Accessible Space, Inc. is
requesting the issue be postponed to the July 20 meeting.
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Larson moved to remove the conditional use permit from the table. The motion was seconded.
The motion carried unanimously upon vote with Saverud absent.
Kenyon moved to table the conditional use permit until the July 20 meeting. The motion was
seconded.
The motion to table carried unanimously upon vote with Saverud absent.
G. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS
(No Action)
The following department supervisors gave reports: City Attorney: Charlie Harball and Human
Resources: Terry Mitton.
Kluesner asked Harball for a memo clarifying the liability issues on the new manager using a city car
for personal use.
Olson, Solid Waste Board member, said he is proud to announce that through a cooperative effort
with Flathead Electric Coop the landfill is now using methane gas to generate electricity that goes
onto the FEC grid.
The meeting was adjourned at 8:45 p.m.
ATTEST:
Theresa White
City Clerk
Approved July 20, 2009
Pamela B. Kenn y
Mayor
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