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04/21/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, APRIL 21, 2003, 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 AND JAYSON PETERS WERE PRESENT. Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Public Works Director Jim Hansz, Fire Chief Randy Brodehl, Assistant Police Chief Roger Krause, Parks and Recreation Director Mike Baker, Community Development Director Susan Moyer and Community Development Manager Sandy Wheeler. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Peters 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 7, 2003 Council Minutes — Special Meeting April 14, 2003 2. Award Bid — Self -Contained Breathing Apparatus — Fire Department Four bids were received for self-contained breathing apparatus units for the Kalispell Fire Department. The bids from L.N. Curtis & Sons, General Fire, Wheatland Fire and Oxarc were opened April 9th. Staff recommended the bid be awarded to General Fire Apparatus, Inc. of Spokane, Washington in the amount of $82,893.00. 3. Proclamation — Arbor Day — April 25, 2003 Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Mark Hughes, DNRC, stated in November, 2003 the City of Kalispell will have had its tree ordinance and street tree commission for 17 years. He presented Mayor Kennedy with the 2002 Growth Award plaque and the Tree City USA flag. Mayor Kennedy presented the awards to Mike Baker. Baker thanked his urban forestry crews for all of their hard work and announced that this year's public tree planting will be held April 25th at the Elrod Elementary School starting at 2:30 p.m. Kalispell City Council Minutes April 21, 2003 Page 1 STUDENT ISSUES Ryan Nalty, 181 Riverview Drive, Youth Advisory Council Communications Director, said members of the youth council have several questions about the skateboard park and asked if they could get involved in its design and operation. He asked about the possibility of lessons; who will be monitoring the park; what drug control measures will be taken and asked if it's possible to have teenage involvement with the design. Ashley Hartigan, Parks and Recreation Office Aide, informed the Council that the City of Kalispell has put together a team for the American Heart Walk to be held May 31 st. She said Mayor Kennedy will be one of the "walkers" but additional participants are still needed. Gary Wheeler, 413 Kings Loop, asked the Council to require businesses requesting financial assistance to pay a fair wage. He said many businesses receiving financial aid create jobs that pay so little that their employees are still eligible for public assistance, thus hitting the taxpayers twice. Wheeler said he is not opposed to assisting businesses, but a living wage should be required and he presented members with a proposed living wage ordinance from Missoula. (Ordinance is attached and by this reference is made a part of the official record) ORDINANCE 1449 — ZONING TEXT AMENDMENT REQUEST — KALISPELL REGIONAL MEDICAL CENTER — 2ND READING Kalispell Regional Medical Center has requested an amendment to the Kalispell Interim Zoning Ordinance to change the sign standards in the H-1, Health Care, zoning district to better accommodate the signage associated with the new hospital campus currently under construction. Ordinance 1449 passed on first reading April 7th. Larson moved second reading of Ordinance 1449, an ordinance amending Section 27.24.100 of the Kalispell Interim Zoning Ordinance, (Ordinance No. 1439), by amending the sign standards to allow additional signage in the H-1, Health Care District, and declaring an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1450 — PUD AMENDMENT — BUFFALO COMMONS — 2ND READING Kalispell Regional has also requested amendments to the sign standards in the Planned Unit Development Agreement between the City of Kalispell and the Medical Center for the Buffalo Commons development. Ordinance 1450 passed on first reading April 7th. Leistiko moved second reading of Ordinance 1450, an ordinance amending Ordinance No. 1226 (Planned Unit Development, Buffalo Commons) by amending the sign standards for the medical/professional facilities pod, and declaring an effective date. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes April 21, 2003 Page 2 RESOLUTION 4780 — COMMUNITY DEVELOPMENT REVOLVING LOAN FUND PROGRAM (TABLED APRIL 7TH) This resolution creates a revolving loan fund for small business retention and expansion. The fund is intended to stimulate economic development activity and will assist businesses by making appropriate long-term, fixed rate financing available at reasonable interest rates. On April 7, Council postponed action on Resolution 4780 pending clarification of board appointments Leistiko moved to remove Resolution 4780 from the table. The motion was seconded. (Resolution 4780 reads: "A resolution to establish an Economic Development Revolving Loan Fund for business retention and expansion and to create an economic development loan review committee.") Hafferman said the resolution reads "for business retention and expansion" and asked if the program is only for existing businesses. Kukulski answered it could be for any business, new or existing, as long as they meet the criteria. Hafferman said if that's the case, then he wants to make an amendment because he's concerned about creating a "lot more minimum wage jobs". Hafferman moved an amendment to the first Whereas to read: "Rural Development and CDBG Economic Development Block grant sources have funding available for the creation of revolving loans funds for small business retention and expansion whieh may stimul eeeftemie development aetivity by assisting the pr-i-vate seeter where a fund gap exists and — or existing business expansion and small businesses based upon wages and benefits paid': The motion was seconded. Moyer suggested a simple solution would be to add a "percentage" qualification; in other words require that 50% or 75% of the jobs meet the Montana livable wage rate. She said the program needs some flexibility in order for it to work. Peters commented it appears this is a conversation that the Council should be having later with the committee and this requirement should be discussed as part of their review process. Moyer agreed, adding if there are two applicants being scored and evaluated on what they're going to produce in our community and the number of people they'll be employing, one's going to outrank the other and that's the one that's going to get funded. Leistiko said the committee will be using the Policies and Procedures Manual when evaluating applicants and that's where the Council should specify the requirements. He asked Moyer if she can assure the Council that the policy being discussed this evening is included in the policies manual. Moyer answered "very definitely". Olson said he feels the policy should also be placed in the resolution. He said he could accept it either way, but by placing it in the resolution the Council will know it's done. Atkinson asked if Hafferman's amendment would be deleterious to the program. Kalispell City Council Minutes April 21, 2003 Page 3 Kukulski said his concern with the amendment is that someone could take it to mean that that is the criteria, rather than just one of the criteria. He suggested that if a threshold is included in the resolution, that the threshold is low and a percentage is given as Moyer suggested. Kukulski said the committee needs guidelines, but also needs flexibility, and he's concerned the Council is trying to come up with a requirement such as this "off the cuff'. Atkinson agreed, stating that if the intent of the amendment will be addressed in the policies manual then the Council should vote against the amendment and move ahead with the resolution. Kenyon disagreed. He said if the Council is going to require this, then it should be in the resolution rather than buried in the Policies and Procedures Manual. Kenyon said it rises above the level of policy or procedure and the Council needs to be clear and let people know that if they want to come to town or expand, we're not going to reward them by allowing them to have a bunch of low paying jobs. Mayor Kennedy asked if Kenyon believes that "based upon wages and benefits paid" is clear direction. Kenyon said maybe the amendment could be worded differently but it needs to be included in the resolution. Larson said he agrees with Hafferman and Kenyon philosophically, but he's at a loss as to the clarity of the wording of the amendment and how it fits into the first Whereas. Mayor Kennedy said it appears the Council is having a hard time putting this amendment into a motion with clear direction, even though the staff is clearly hearing what the concerns are. She suggested that the amendment be withdrawn and a new one offered, or the Council move forward and vote on the motion as it stands. Hafferman said it appears everyone is talking about the same thing but it's a matter of clarity. He suggested the resolution be tabled. Hafferman withdrew the amendment. The second concurred. Larson moved to table Resolution 4780 to the May 5th meeting. The motion was seconded. The motion carried upon vote with Peters voting against. Mayor Kennedy asked that a revised resolution be presented to the Council at the work session April 28th. Kukulski also asked if there are any other issues with the resolution the Council would like addressed that they be put in writing and submitted to staff as soon as possible. RESOLUTION 4781— PARKING COMMISSION APPOINTMENTS This resolution clarifies who can be appointed to the Parking Commission and sets term limits. Peters moved Resolution 4781, a resolution setting forth the composition of the Parking Commission and qualifications and terms of its appointed commissioners. The motion was seconded. Kalispell City Council Minutes April 21, 2003 Page 4 Kukulski explained there was a slight change in Section II to read: "The currently appointed commissioners shall remain as the duly appointed Parking Commission until the new has been —appointed commissioners have been appointed. He said the resolution clarifies commission appointments and allows not only City residents, but also City property owners, to be members of the board. Kukulski said anyone interested in the Parking Commission needs to submit an application by May 9th. Mayor Kennedy read into the record Sections I and I1: SECTION I. The Parking Commission shall be composed of five (5) members who shall be electors of the City of Kalispell or own real property within the jurisdictional area of the Parking Commission. They shall be appointed by the mayor with the consent of the City Council for a term of four (4) years. The terms of the commissioners shall be staggered and the mayor shall limit the terms of the first members as follows: one (1) member's term will expire at the end of the first year; one (1) member's term will expire at the end of the second year; one (1) member's term will expire at the end of the third year; and two (2) members' terms will expire at the end of the fourth year. After the initial appointments have been made all terms shall begin May Pt. SECTION II. The currently appointed commissioners shall remain as the duly appointed Parking Commission until the new commissioners have been appointed. Hafferman said the Council should follow the policy of past council's and require all members be City residents. He said he feels that anyone who is in the position to influence taxpayers' money should live in the City. Kenyon stated he feels the critical issue isn't where they live, but whether they pay taxes in the parking district. 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. BOARD APPOINTMENT — BOARD OF ADJUSTMENT One person applied for an opening on the Board of Adjustment. John Parsons has requested reappointment to another three-year term. Mayor Kennedy recommended John Parsons be reappointed to the Board of Adjustment. Leistiko moved the Council accept the Mayor's recommendation and reappoint John Parsons to the Board of Adjustment. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. BOARD APPOINTMENT — CONRAD MANSION One application was received for a seat on the Conrad Mansion Board of Directors. Gayle Vidal is requesting that she be reappointed to the board for another four-year term. Kalispell City Council Minutes April 21, 2003 Page 5 Mayor Kennedy recommended Gayle Vidal be reappointed to the Conrad Mansion Board of Directors. Atkinson moved the Council accept the Mayor's recommendation and reappoint Gayle Vidal to the Conrad Mansion Board of Directors. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. BOARD APPOINTMENT — POLICE COMMISSION Four applications were received for a seat on the Police Commission for a three-year term. Letters of interest were received from Joan Jellison, who is requesting reappointment, Don McCarthy, Richard Sine and Terry Straabe. Mayor Kennedy recommended Joan Jellison be reappointed to the Police Commission. Larson moved the Council accept the Mayor's recommendation and reappoint Jean Jellison to the Kalispell Police Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Leistiko expressed concern about how far the Council will go while trying to manage the revolving loan fund program through the resolution. He stated he feels confident the Council can make sure everything it wants in the program is done through the Policies and Procedures manual. Larson commented he'd like to see if it's possible to rewrite the resolution giving preference to existing businesses, but he doesn't want new businesses excluded. Moyer said the intent of the program is to mainly help existing businesses because they are the City's "bread and butter". Hafferman said he was under the impression the program was referring to existing businesses only, but if it also includes new businesses then he's concerned about the wages. It was agreed the resolution would be reviewed and presented to Council members at the work session April 28th. Olson commented there was a well written article in Saturday's Daily Inter Lake on growth in different counties. He said the article stated the growth in Gallatin County has been a mixed blessing because it's been great for business and job creation, but the demand on services outpaces their ability to provide and pay for them. Olson said Kalispell also has similar growing pains and similar problems and thought it was a very good article.. Kalispell City Council Minutes April 21, 2003 Page 6 Mayor Kennedy said she has received two letters from the Youth Advisory Council asking that Sophia Tamberg be appointed to the board for the Hockaday Museum of Art and Sean Sullivan be appointed to the Flathead City -County Health Department board. She said she approached the Hockaday and they are eager to have Sophia as a member and she asked that the City's member on the health board look into the possibility of appointing Sean as a member also. Kukulski informed the Council that a firm has been hired by Kalispell Regional Medical Center to clean-up some vacant lots in Buffalo Commons. Kukulski clarified that utility rates are not going up $12.00 a month as stated in the newspaper. He said rates for water, sewer and storm water will be increase by $1.10 the first year, $3.00 for the second year, about $5.50 the third year, $8.00 the fourth year and $12.00 the fifth year. He said these are the cumulative numbers and are not stacked each year. Mayor Kennedy announced there will be a Mayor's Prayer Breakfast May 1 st starting at 6:15 a.m. at the Outlaw Inn and tickets are available at the Christian Book Store. ADJOURN The meeting was adjourned at 8:15 p.m. ATTEST: Theresa White City Clerk Approved May 5, 2003 amela . K edy Mayor Kalispell City Council Minutes April 21, 2003 Page 7