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08/03/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 3, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, AND HANK OLSON WERE PRESENT. COUNCIL MEMBERS KARI GABRIEL, DUANE LARSON, AND WAYNE SAVERUD WERE 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, Assistant Finance Director Rick Wills, Parks and Recreation Director Mike Baker, Human Resources Director Terry Mitton, Acting Economic and Community Development Director Katharine Thompson, Planning Director Tom Jentz, Airport Manager Fred Leistiko, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. Kenyon moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel, Larson, and Saverud absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting July 20, 2009 Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel, Larson, and Saverud absent. C. STUDENT ISSUES None. D. PUBLIC COMMENT Lil Dupre, 527 4th Ave East, introduced AmeriCorps Vistas members Rachel Miln, Jen White, and Lori Yoder, who are working in Kalispell for a year through Community Action Partnership. She also mentioned Liz Stovall, from Chicago, who could not be present. Rachel Miln, 704 3rd Ave East, stated she is honored to serve the City of Kalispell for a second year. Kalispell City Council Minutes August 3, 2009 Page 1 Jen White, 704 3rd Ave East, said she is serving at the Northwest Montana Veteran's Food Pantry. Lori Yoder, 227 1st Street East, stated she is excited to work with Community Action Partnership. Todd Snarr, 210 River Place, remarked he is still concerned with the budget and the contract given to the new city manager. He said he's concerned additional staff will be laid off or property taxes will increase. Matt Nerdig, A2Z Engineering, representing Chris Neater, spoke in favor of the zoning change request. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. CONDITIONAL USE PERMIT — SAMARITAN HOUSE INC. This is a request for a conditional use permit to locate the Flathead Special Education Cooperative within an existing building at 1110 2nd Street West. Kenyon moved council approve the conditional use permit for Samaritan House, Inc. The motion was seconded. Jentz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote with Gabriel, Larson, and Saverud absent. E/2. ORDINANCE 1667 — INITIAL ZONING — CHRIS NEATER —1ST READING The city council annexed approximately one and a half acres on the west side of Highway 93 on July 6 as part of several wholly surrounded properties. Neater is now requesting the property be zoned with a B-2 (General Business) designation on approximately one acre of the property where existing commercial buildings are located, along with an 1-1 (Light Industrial) designation on one half of an acre which is currently vacant. Kenyon moved first reading of Ordinance 1667, an ordinance providing an effective date of annexation of the subject property described in Exhibit "A" and to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No.1460), by zoning that certain real property, as more particularly described on Exhibit "A" (previously zoned County B-2 (General Business)) to City B-2 (General Business) and City I-1 (Light Industrial) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Jentz gave a staff report and answered questions. Kalispell City Council Minutes August 3, 2009 Page 2 There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel, Larson and Saverud absent. E/3. NON -EMERGENCY PATIENT TRANSPORT SERVICES AGREEMENT — KALISPELL REGIONAL MEDICAL CENTER This agreement allows the Kalispell Fire Department ambulance to provide non -emergency transport services on an appointment basis. Atkinson moved council approve the Non -Emergency Patient Transport Services Agreement. The motion was seconded. Webb gave a staff report and answered questions. Hafferman commented that he will not vote for this because he has insufficient information and wants a written response that he can study. He said he would like answers to several questions including how many in -city calls are expected and how long they will take, what happens when an emergency call comes in and the ambulance is busy, etc. Webb and Diehl responded. Hafferman said he is not interested in verbal responses; he wants his questions answered in writing. Kluesner said he appreciates Webb's and Diehl's answers, but agreed with Hafferman that the council and the public needs to see a written cost -benefit analysis and an operating policy along with additional clarification on how it will be operated. Mayor Kennedy remarked this is an excellent way to utilize staff and our ambulance when we have down time. Olson agreed that it's a great way to pick up additional revenue. There was no further discussion. The motion carried upon vote with Atkinson, Kenyon, Kluesner, Olson, and Mayor Kennedy voting in favor, Hafferman voting against, and Gabriel, Larson, and Saverud absent. E/4. RESOLUTION 5376 — BUDGET RESOLUTION — URBAN FORESTRY This resolution levies an assessment for the cost of urban forestry maintenance for fiscal year 2009- 2010. Kenyon moved Resolution 5376, a resolution levying an assessment for the cost of Urban Forestry Maintenance in the city for the fiscal year 2009-2010. The motion was seconded. Kalispell City Council Minutes August 3, 2009 Page 3 Webb gave a staff report and answered questions, stating the increase is to combat Dutch Elm Disease. Hafferman stated it is misleading to use Dutch Elm Disease as the reason for the increase. He said the additional revenue from the increase is approximately $42,000, but only $10,000 is budgeted to fight the disease. Hafferman noted he will vote in favor of the resolution because trees are important to a healthy community, but we have got to stop misleading the public. Kluesner agreed the information is misleading. In addition, he questioned the way salaries are broken out between different funds. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel, Larson, and Saverud absent. E/5. RESOLUTION 5377 — BUDGET RESOLUTION — SOLID WASTE This resolution levies the cost of removing garbage from streets and alleys for fiscal year 2009-2010. Kenyon moved Resolution 5377, 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. Hansz gave a staff report explaining the resolution allows for a $3.00 annual increase for a yearly cost which is still approximately 40% below the private sector. Kluesner again questioned the way salaries are spread out between the different funds. He noted that 25% of the public works director's salary is taken from the solid waste fund and he can't believe Hansz spends that much time devoted to garbage. In addition, he sees no justification for the increase and therefore he cannot support it. Hafferman said any time there is an increase he looks at the presented budget and what he has found is that the garbage operating account and the garbage replacement funds are healthy. He said the big draw back is the 28% percent of salaries for office staff, leaving only 72% for garbage collectors. Hafferman said he will oppose any type of increase until there is a justifiable accounting of all office staff salaries. Olson moved to table Resolution 5377. There was no second. Atkinson said he can appreciate the concern with the salaries, but because this is an enterprise fund he feels the staff is simply utilizing management skills to balance the budget and reduce the pressure on the general fund. It's not fraud or deceptive behavior; it's good management. Mayor Kennedy stated that even though $3.00 per year doesn't seem like much, our residents are suffering and she hasn't seen any justification for the increase. Kalispell City Council Minutes August 3, 2009 Page 4 Olson moved to amend Section II(a) as follows: " 108.00 $111.00 per average single family residential dwelling unit on one or more contiguous city lots per fiscal year;". The motion was seconded. Atkinson remarked this is nothing more than keeping enterprise funds reasonable and healthy and that is why he will vote against the amendment. Olson said bad times call for a review of any increases, but he did chastise the council for not hashing out these issues during the budget work sessions. The amendment carried upon vote with Hafferman, Kluesner, Olson, and Mayor Kennedy voting in favor, Atkinson and Kenyon voting against, and Gabriel, Larson, and Saverud absent. There was no further discussion. The main motion, as amended, carried upon roll call vote with Hafferman, Kluesner, Olson, and Mayor Kennedy voting in favor, Atkinson and Kenyon voting against, and Gabriel, Larson, and Saverud absent. E/6. RESOLUTION 5378 — BUDGET RESOLUTION — STREET MAINTENANCE This resolution levies the cost of maintaining the streets and avenues for fiscal year 2009-2010. Kenyon moved Resolution 5378, 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 2009-2010. The motion was seconded. Webb gave a staff report, noting the rate remains the same as last year's. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel, Larson, and Saverud absent. E/7. RESOLUTION 5379 — BUDGET RESOLUTION — STORM SEWER MAINTENANCE This resolution levies assessments for the cost of storm sewer maintenance for fiscal year 2009-2010. Atkinson moved Resolution 5379, a resolution levying assessments for the cost of Storm Sewer Maintenance for the fiscal year 2009-2010. The motion was seconded. Webb gave a staff report, noting there is no change. There was no discussion. Kalispell City Council Minutes August 3, 2009 Page 5 The motion carried unanimously upon roll call vote with Gabriel, Larson, and Saverud absent. E/8. RESOLUTION 5380 —BUDGET RESOLUTION— SPECIAL LIGHTING DISTRICT This resolution levies an assessment for the cost of lighting the streets in the City of Kalispell's Special Lighting District for fiscal year 2009-2010. Kenyon moved Resolution 5380, a resolution levying an assessment for the cost of lighting the streets and alleys in the city Special Lighting District for the fiscal year 2009-2010. The motion was seconded. Webb gave a staff report, explaining this rate remains unchanged as well. There was no discussion. The motion carried unanimously upon roll call vote with Gabriel, Larson, and Saverud absent. E/9. RESOLUTION 5381— BUDGET RESOLUTION — BID This resolution sets the annual tax levy for the Business Improvement District for fiscal year 2009- 2010. Olson moved Resolution 5381, a resolution making the annual tax levy for the Business Improvement District ("BID") of Kalispell, Montana, for the fiscal year 2009-2010 and levying an assessment for the BID for fiscal 2009-2010. The motion was seconded. Webb gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote with Gabriel, Larson, and Saverud absent. F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS (No Action) Mayor Kennedy updated council and the viewing public on Councilor Duane Larson's condition. Mayor Kennedy thanked KRMC for working with staff on the ambulance run issue. Mayor Kennedy also thanked Myrt Webb for his service, and introduced Jane Howington. X Webb thanked each of the directors and received a parting gift. Kalispell City Council Minutes August 3, 2009 Page 6 Olson commented that we need a news release to inform the citizens of what a city manager does. He said a mayor serves because he/she is popular, while a city manager is a professional with a lot of responsibilities. Mayor Kennedy noted the voters endorsed the city manager form of government and the city manager is charged with following the council's policies and procedures. Atkinson remarked that the first city manager paid for his wage in one fell swoop and we have to realize what a value a city manager is. G. ADJOURN The meeting was adjourned at 8:40 p.m. ATTEST: Theresa White City Clerk Approved August 17, 2009 Kalispell City Council Minutes August 3, 2009 Page 7