06/16/03 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, JUNE 16, 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, Police Chief Frank
Garner, Parks and Recreation Director Mike Baker, and Assistant Fire Chief Jim Stewart.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
AGENDA APPROVAL
Larson 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 June 2, 2003
2. Award Bid — Three Mile Drive/Meridian Road Junior High School Water Mains Project
Six bids were received for installation of new water mains in the vicinity of the Junior High
School near Three Mile Drive and Meridian Road. Bids were received from Nupac, JTL
Group, Sandon Construction, Sandry Construction, Settle Services and Timberland
Construction. Staff recommended the bid be awarded to Settle Services on a low bid of
$294,322.95.
3. Special City Prosecutor Appointments
The City Attorney's office requested the Council appoint Scott Hagel, Angela Jacobs and
Kimberly More (Crowley Law Firm) as temporary special city prosecutors to handle selected
cases in Municipal Court.
4. Ordinance 1461 — Initial Zoning — Meadow Park Annexation — 2nd Reading
Ordinance 1461 establishes the zoning designation for the Meadow Park area as R-4, Two
Family Residential, and B-5, Industrial/Commercial. Ordinance 1461 passed on first reading
June 2nd.
Ordinance 1462 — Initial Zoning; — Scott and Wanda Grace — 2nd Reading
Scott and Wanda Grace have requested an initial zoning designation of R-4, Two Family
Residential, upon annexation for approximately one acre of property located at the south end
of Fourth Avenue West. Ordinance 1462 passed on first reading June 2nd.
6. Ordinance 1463 — Zoning Text Amendment — Mark Rhodes — 2nd Reading
This is a request to amend the Kalispell Zoning Regulations to allow limited drive through
facilities and residential uses in the B-1, Neighborhood Buffer District as additional
permitted uses. Ordinance 1463 passed on first reading June 2nd.
Kalispell City Council Minutes
June 16, 2003
Page 1
7. Ordinance 1464 — Solid Waste City Code Amendment — 2nd Reading
This ordinance amends two sections of the City Code in regard to solid waste services.
Ordinance 1464 passed on first reading June 2nd.
Mayor Kennedy explained that unless Council members have an objection, second readings of
ordinances will now be placed on the Consent Agenda. She said if a member would like a separate
vote on any issue on the Consent Agenda, it can still be removed and placed on the regular Agenda.
Mayor Kennedy said the only requirement for the second readings is that the Consent Agenda be
approved with a roll call vote.
Leistiko moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
STUDENT ISSUES
None.
HEAR THE PUBLIC
Lila Kruckenberg, 1204 Sunnyside Drive, said time after time she's heard the Council say
developers should pay for infrastructure improvements, yet opposite decisions are made.
Kruckenberg stated it's her belief that in many instances the Council fails to follow its own rules and
therefore fails the public it's supposed to serve.
Angie Kruckenberg, 1116 Sunnyside Drive, read a letter to the Council outlining her concerns with
the expansion of development. (Letter is attached and by this reference is made a part of the official
record)
PUBLIC HEARING & SUBSEQUENT COUNCIL ACTION —BUSINESS IMPROVEMENT
DISTRICT
The City of Kalispell has been presented with petitions signed by owners of many downtown
businesses requesting a Kalispell Downtown Business Improvement District be created.
Kukulski gave a staff report explaining over sixty-hree percent of property owners petitioned for the
Business Improvement District. He said just under thirty-wo percent of property owners protested,
meaning the petitioners have met the threshold for the creation of a BID. Kukulski said he views a
BID as very positive for the community.
Mayor Kennedy opened the public hearing.
PROPONENTS
Susan Munsinger, 473 3rd Avenue East North, said her family owns Western Outdoors and Norms
News and a BID would make downtown promotion easier and more effective. She said several
businesses produce a packet with eighteen business inserts to give out to tourists which is a
tremendous amount of work. Munsinger said a BID manager could take over this task and expand it.
Dan Snyder, 128 Main Street, said he and his wife Debra own Flowers by Hansen and the core of a
city is its downtown. He said in the 1980's, Helena created a BID and a year and a half later no one
could believe what was accomplished.
Kalispell City Council Minutes
June 16, 2003
Page 2
Carol Buchanan, owner of Byte Savvy Computer Services, 309 South Main Street, commented a
good downtown makes a good city. She said her and her husband, Richard, looked at several areas
to expand their business but decided to move it downtown because of the possibility of a BID.
Gordon Pirrie, 420 Lake Hills Lane, stated business owners don't have time to raise money and do
promotions. He said BIDs are tools you can work with to help promote a downtown and hopes the
Council will support it.
Mark Pirrie, 460 3rd Avenue East North, commented that when you drive into town from the south
the first thing you see is the downtown. He said a BID will provide cohesion and will help keep
property values up.
Carol Edgar, Executive Director of the Flathead Convention and Visitor Bureau, stated she has
watched for the past four years as Kalispell struggled to create an identity that can be promoted. She
said finally we have a wonderful image of Historic Downtown Kalispell. Edgar said the BID will
promote that theme and help to get some of the annual 1.5 million valley visitors to stop and spend
some of their money downtown.
Joe Unterreiner, Kalispell Chamber of Commerce Executive Vice President, stated the Chamber has
been helping with the BID and the Chamber will continue to help to make sure it succeeds.
Angie Kruckenberg, 1116 Sunnyside Drive, said she's also in favor of the BID, citing an example of
a successful BID in Fairbanks, Alaska.
OPPONENTS
Dennis Green, Managing Partner of Budkal Partnership, owners of the north half of Plaza West
Center, stated he's not against a BID, but he is opposed to a BID on the basis by which this one's
being formed. He turned the microphone over to his attorney.
Jim Bartlett, Attorney at Law, said a memo from the City Attorney's office stated "written protests
did not meet any of the statutory criteria for a sufficient protest to bar proceedings: a) owners of
property within the proposed district or area of a proposed expansion having a taxable valuation,
when aggregated, representing not less than 50% of the total taxable valuation of property within the
district or within the area of a proposed expansion; b) not less than 50% of the owners of property
within the district or area of a proposed expansion; or c) owners of property within the proposed
district or area of a proposed expansion having projected assessments, when aggregated, representing
not less than 50% of the total projected assessments for property within the district or within the area
of a proposed expansion." Bartlett stated the 50% rule has not been met in all three categories
because the City Attorney doesn't know what "c" is. He said the law requires that a projected
assessment be provided prior to a vote and protests, a projected assessment wasn't done, and
therefore this is not legal. Bartlett asked that the issue be tabled and projected assessments provided.
Doug Dahl, 322 El Rancho Road, said he manages a Main Street business and the City needs
parking, not more beautification. He said to spend taxpayer money on beautification that creates less
parking is tragic.
Mayor Kennedy closed the public hearing.
(All written comments received are attached and by this reference are made a part of the official
record)
Kalispell City Council Minutes
June 16, 2003
Page 3
1. RESOLUTION 4797 — BUSINESS IMPROVEMENT DISTRICT CREATION
Resolution 4797 creates the Kalispell Downtown Business Improvement District.
Leistiko moved Resolution 4797, a resolution creating a Business Improvement District
pursuant to the terms of Title 7 Chapter 12 Part 11 of Montana Code Annotated. The motion
was seconded.
Kenyon asked how much taxpayer's money will be involved in the BID.
Kukulski answered the businesses tax themselves. He said in a lot of cities with BIDs the cities are
active partners; however, at this time there is not a commitment from either side on what Kalispell's
participation will involve. Kukulski stated he hopes the City does become a partner, but to what level
will have to be determined by the Council.
Hafferman noted the BID boundaries are jogged and appear to be subjective rather than objective
and he still hasn't received an answer of whether the City's properties are part of the 60% needed for
the creation of the district. He said if they were included, they should be removed according to
M.C.A. 7-12-1133(2). Hafferman also noted for the record that in the 2003-2004 budget, there is
$25,000 in taxpayers' money programmed for this BID. He stated he doesn't have any objection to a
BID, but he does object to handouts of taxpayers' money.
Kukulski answered the public property within the district owned by the School District and the City
was not included in the 60%.
Leistiko asked who reviewed the petitions and were the signatures verified.
Harball stated the petitions were reviewed by the City Attorney's office prior to circulation and once
returned, his office made sure they were valid with some being rejected or corrected. He said the
signatures were checked against the tax rolls.
Mayor Kennedy asked about the 50% rule on projected assessments as mentioned by Bartlett.
Harball answered he looked at the statute as a whole when making his determination. He said the
assessment cannot be determined until the BID is created and a Board is appointed. Harball stated
you would be walking into this thing backwards if you do it beforehand; adding in his opinion, "c" is
geared toward the expansion of a BID.
Olson said the entire community needs to do this together so everyone can be happy. He suggested
tabling the resolution until the concerns can be discussed at a work session.
Harball answered the BID Board's task is to address these concerns by putting together a work plan
and a budget. He suggested that maybe a couple of the protesters should be appointed to the board.
Harball said he believes the statute contemplates that the individuals will work out the specifics, not
the Council.
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.
Kalispell City Council Minutes
June 16, 2003
Page 4
2. ORDINANCE 1468 — BUSINESS IMPROVEMENT DISTRICT REGULATIONS —
1ST READING
Ordinance 1468 establishes the regulations of the Kalispell Downtown Business
Improvement District.
Kenyon moved first reading of Ordinance 1468, an ordinance establishing the regulations of
the Kalispell Downtown Business Improvement District, authorizing the City Attorney to
codify this ordinance and declaring an effective date. The motion was seconded.
Harball explained the regulations come straight from State statute; however, the Council does have
the discretion of a five or seven member board. He said a five member board is listed in the
Ordinance, but Council members can increase that number if they want to.
Olson moved to amend Section 3 by changing the board membership from five property
owners to seven. The motion was seconded.
Larson and Mayor Kennedy spoke in favor of the larger board.
The amendment carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson, Leistiko,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferman abstaining.
Leistiko asked what the life of a BID is.
Harball answered ten years.
The main motion as amended carried upon roll call vote with Atkinson, Counsell, Kenyon,
Larson, Leistiko, Olson, Peters and Mayor Kennedy voting in favor, and Hafferman
abstaining.
PUBLIC HEARING & SUBSEQUENT COUNCIL ACTION — WATER & SEWER RATE
INCREASE
The City's Utilities Facility Plan recommends an increase in water and sewer rates to maintain
current and future water and sewer infrastructure and capacity replacement needs.
Kukulski and Hansz gave staff reports and Tom Gould, Economic and Engineering Services Vice
President, gave a Power Point presentation summarizing the results of the water, sewer and storm
sewer rate studies.
Mayor Kennedy opened the public hearing.
PROPONENTS
None
OPPONENTS
Doug Dahl, 322 El Rancho Road, commented maintenance and improvements to the Wastewater
Plant should have been taken into consideration at the time it was built.
Oystein Boveng, 101 Hilltop, read a letter concerning rate increases and extensions of utility lines.
(Letter is attached and by this reference is made a part of the official record)
Kalispell City Council Minutes
June 16, 2003
Page 5
Marvin Hobbs, 1015 6th Avenue East, stated he's opposed to using ratepayers to finance the
expansion on Highway 93 South. He said Ordinance 1316 was passed in 1999 as a method to
finance and recover some of the utility costs, however, it's never been fully explained if that method
is actually going to be used.
Charles Lapp, 3230 Columbia Falls Stage, said he recently requested annexation of properties on
Kelly Road and Three Mile Drive and asked if the hook up fees in place to offset utility extension
costs are going to affect everyone or just those properties along Highway 93.
Tim Klusner, 1211 5th Avenue East, said he understands the infrastructure needs, but the City needs
to look at it's working citizens. He said taxpayers are being nickeled and dimed to death and the
council needs to investigate other funding mechanisms.
Angie Kruckenberg, 1116 Sunnyside Drive, commented developments and infrastructure
improvements should not be made on the backs of taxpayers.
Mayor Kennedy closed the public hearing.
(All written comments received on the proposed water and sewer rate increases are attached and by
this reference are made a part of the official record)
I. RESOLUTION 4798 — RESOLUTION INCREASING FEES TO WATER UTILITY
USERS
Resolution 4798 approves a water rate increase of ten percent each year over the next five
years.
Kenyon moved Resolution 4798, a resolution to adopt the fees, schedules, rates, charges and
classifications imposed on the customers of the City of Kalispell Water Utility. The motion was
seconded.
Mayor Kennedy explained the commitment to place utilities along Highway 93 to Four Corners was
made several years ago by a previous Council and the State moved along with the project and right-
of-way negotiations on the basis of that commitment. She told the audience the Highway 93 utility
extension is not the only reason for the rate increase, explaining of the 28.4 million dollars expected
to be raised over the next five years, the Highway 93 project is only 2.8 million.
Kukulski stated in answer to Lapp's question, the ordinance adopted in 1999 to recover the Highway
93 costs creates a specific connection fee schedule for the anticipated users of that extension only.
Olson spoke in favor of the resolution, stating he believes in looking at the future and budgeting for
it. He said the biggest problem is that the sewer system didn't last as long as projected and steps
need to be taken sooner than 2010.
Hafferman said from the rate study now in progress, it's not clear to him whether the present rate
structure is adequate to fund the maintenance, operation, repair and replacement of our existing
system and how much money, if any, is needed to eliminate deficiencies. He said he does know,
however, that in the proposed rate increases there are capital improvements that include projects that
were heretofore constructed by developers. Hafferman stated developers should take the risk of
extending infrastructures, not ratepayers.
Kalispell City Council Minutes
June 16, 2003
Page 6
Peters said he has always been in favor of rate increases to cover depreciation of the existing system
and capital improvement projects for current infrastructure. He added, however, he has never been
in favor of the rate increase for the utilities on Highway 93, even though he realizes a commitment
was made by a previous Council. Peters suggested the Council, instead of approving a rate increase
for five years, look into other funding mechanisms for the future and approve a sewer and water
increase for only three years. He said at the end of that time the Council can revisit the rate schedule
or, hopefully, not have to raise rates.
Peters moved to amend the resolution by only approving rate increases for three years instead
of five. The motion was seconded.
Mayor Kennedy asked Gould to comment on a three year increase instead of five.
Gould said the amendment would work if the Council is willing to review the rates again in three
years and make the appropriate adjustments. He said if the Council isn't willing to make the
appropriate adjustments and the rate study falls by the wayside, then the amendment wouldn't be an
appropriate course of action.
Hansz clarified the five year rate adjustment includes significant steps toward the expansion of the
treatment plant. He said the five year adjustment is a phased approach to buying only what is needed
when it's needed.
Atkinson stated he also doesn't agree with the Highway 93 utility extension, however, he reiterated
the Council needs to honor the previous commitment and approving a three year adjustment instead
of five would be hampering the success of the rate study.
Mayor Kennedy agreed, adding the amendment is short sighted. She said the City is having to play
"catch-up" and if the rate analysis isn't followed, then the Council is putting the City is the same
predicament in the future of not having enough funds to cover the needs of the community.
Counsell commented the City owes it to the ratepayers to know what the increases are going to be
over the next five years and it's better planning to follow through.
Hafferman said he doesn't see what difference the number of years makes because the next Council
can change it. He said the City had a rate increase just last year and we're heading down a bad slope
by not working solely within the maintenance and operation of our existing system.
Larson spoke in favor of the amendment telling the Council it's forgetting there may be an alternate
method of financing for the Highway 93 project. He said three years would give the Council an
overall picture of how things are going and if nothing has changed, the Council can still go ahead
with the rate adjustment after the three years.
Kenyon spoke against the amendment stating the Council can still make adjustments down the road
if the situation changes.
The amendment failed upon roll call vote with Larson and Peters voting in favor, and
Atkinson, Counsels, Hafferman, Kenyon, Leistiko, Olson and Mayor Kennedy voting against.
The main motion carried upon roil call vote with Atkinson, Counsell, Kenyon, Leistiko, Olson
and Mayor Kennedy voting in favor, and Hafferman, Larson and Peters voting against.
Kalispell City Council Minutes
June 16, 2003
Page 7
2. RESOLUTION 4799 — RESOLUTION INCREASING FEES TO SEWER UTILITY
USERS
Resolution 4799 approves a sewer rate increase of three, four and five percent over the next
five years.
Kenyon moved Resolution 4799, a resolution to adopt the fees, schedules, rates, charges and
classifications imposed on the customers of the City of Kalispell Sewer Utility. The motion was
seconded.
There was no further Council discussion.
The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Leistiko, Olson and
Mayor Kennedy voting in favor, and Hafferman, Larson and Peters voting against.
PUBLIC HEARING & SUBSEQUENT COUNCIL ACTION — 2002-2003 BUDGET
AMENDMENTS
Certain detailed and itemized estimates of expenditures have proven inaccurate in the operation of
certain funds for the 2002/2003 fiscal year and budget amendments are required by law.
Kukulski gave a staff report.
Mayor Kennedy opened the public hearing.
PROPONENTS
None
OPPONENTS
None
Mayor Kennedy closed the public hearing.
I. RESOLUTION 4800 — BUDGET AMENDMENTS
Resolution 4800 approves eight amendments to the fiscal year 2003 budget.
Larson moved Resolution 4800, a resolution amending the annual appropriations of the City of
Kalispell, Montana, as set forth in the 2002-2003 budget adopted by the City Council. The
motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ADOPTION OF 2003-2004 PRELIMINARY BUDGETS AND CALL FOR PUBLIC
HEARING
The City Council is required to adopt the preliminary budgets prior to July 10th and properly notice
the process for public hearing and final adoption. The public hearing is scheduled for July 7th.
Kenyon moved the Council adopt the preliminary budgets and set a public hearing for July 7,
2003. The motion was seconded.
Hafferman commented he doesn't agree with the proposed budget primarily because of the three
million dollars of taxpayer money set aside for utility expansion along Highway 93.
Kalispell City Council Minutes
June 16, 2003
Page 8
The motion carried upon roll call vote with Atkinson, Counsell, Kenyon, Larson Leistiko,
Olson and Mayor Kennedy voting in favor, and Hafferman and Peters voting against.
RESOLUTION 4801— AMBULANCE FUND LOAN/ADVANCE
This resolution provides a $60,000 loan for ambulance operations to be re -paid when the funds are
available.
Atkinson moved Resolution 4801, a resolution authorizing the Finance Director to advance
funds from the General Fund to the Ambulance Fund in the amount of $60,000 at a rate of
2%. The motion was seconded.
Kukulski explained that as much as he would like it to be, the ambulance fund is not an enterprise
fund and calls do not pay for the service being provided, just like in Police and Fire. He said the
deficit is due primarily for two reasons: 1) Medicare/Medicaid payments do not cover the costs and
provide a significant write off; and 2) Call volume continues to increase. Kukulski said because the
costs continue to go up and the revenue isn't, this is the second year a loan is required to keep the
ambulance fund flush.
Stewart further explained the increase in call volume.
Kenyon asked why the City is charging two percent interest.
Kukulski explained the loan is from general fund tax dollars and interest is standard.
Peters said if the City is trying to recognize that the ambulance is not an enterprise fund, then why
are we charging interest. He commented that if the ambulance fund still hasn't paid back the loan
made last year, isn't it delusional to charge interest?
(Laughter)
The motion carried unanimously upon roll call vote.
RESOLUTION 4802 — EQUITY TRANSFERS
This resolution allows the transference of funds which are in excess of five percent of the
outstanding debt service for all SIDs.
Leistiko moved Resolution 4802, a resolution authorizing the Finance Director to transfer the
funds in excess of 5% of the outstanding SID debt from the SID Revolving Fund to the General
Fund. The motion was seconded.
Robertson gave a staff report explaining that this resolution and the next one are housekeeping items.
There was no discussion.
The motion carried unanimously upon roll call vote.
RESOLUTION 4803 — INACTIVE 1993 SIDEWALK & CURB FUND CLOSE OUTS
This resolution allows the closure of an inactive debt service fund and transfers the balance of that
fund to the SID Revolving Fund.
Kalispell City Council Minutes
June 16, 2003
Page 9
Kenyon moved Resolution 4803, a resolution authorizing the Finance Director to close out the
inactive Special Improvement District Fund to the SID Revolving Fund. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1465 — MUNICIPAL JUDGE QUALIFICATIONS —1ST READING
House Bill 358 revises the laws governing Municipal Courts and Ordinance 1465 amends the City's
Municipal Codes in relation to those legislative changes. The changes include the following changes:
an attorney must have been licensed to practice law for three years rather than the current two to
become eligible to serve as a Municipal Court Judge; the Judge must reside in the county in which
the court is located, thereby eliminating the city residency requirement; and the third change expands
the list of options for a Judge Pro Tem.
Atkinson moved first reading of Ordinance 1465, an ordinance amending Ordinance 1246
(Chapter 2, Administration, Section 2-60 and 2-62, Kalispell City Code), authorizing the City
Attorney to recodify this ordinance, and declaring an effective date. The motion was seconded.
Hafferman asked if a Municipal Judge is no longer required to live in the city and can live anywhere
in the county, then can county residents vote for the office.
Harball answered no.
The motion carried unanimously upon roll call vote.
ORDINANCE 1466 — CITY PARK VIOLATIONS —1ST READING
In the past few years there have been an increasing number of violations in Kalispell's parks. The
Police Department requested the Municipal Judge be given the authority to restrict access of
violators to the City parks for a period of up to 180 days.
Larson moved first reading of Ordinance 1466, an ordinance amending Section 19-20 of the
Kalispell City Code authorizing the Municipal Judge to restrict the access of violators to the
City Parks and declaring an effective date. The motion was seconded.
Garner gave a staff report and answered questions.
The motion carried unanimously upon roll call vote.
ORDINANCE 1467 — AMENDMENT — POLICE HIRING AGE —1ST READING
Currently Kalispell's City Codes require that anyone applying for a police officer position be at least
21 years old. Ordinance 1467 reduces the minimum age of a police officer candidate to 20 years of
age.
Leistiko moved first reading of Ordinance 1467, an ordinance amending Section 22-6 of the
Kalispell City Code to define the age requirements for the appointment of Kalispell City police
officers and declaring an effective date. The motion was seconded.
Garner explained several students are graduating with associate degrees in criminal justice at the age
of 20 and he feels it's unfair to make them wait a year to apply for a police officer position.
Kalispell City Council Minutes
June 16, 2003
Page 10
The motion carried unanimously upon roll call vote.
RESOLUTION 4804 — RESOLUTION INCREASING AIRPORT FEES
Resolution 4804 revises the fee structure for use of the Kalispell City Airport which has not changed
since 1999.
Larson moved Resolution 4804, a resolution repealing Resolution 4470, revising the fee
structure for use of the Kalispell City Airport and declaring an effective date. The motion was
seconded.
Kukulski explained the changes include the commercial fees, tie down fees and user fees.
Larson spoke in favor of the resolution, commending the Airport Advisory Board for seeing the need
to increase these fees.
The motion carried unanimously upon roll call vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Counsell announced he is moving from Ward One to Ward Two and must resign his seat effective
immediately. He read a letter of resignation stating it's been an honor and a privilege to serve the
City of Kalispell. Counsell highlighted what he felt were positive changes during the time he served
on the Council: Stream International, Home Depot, FAA status for the City Airport, the future
skateboard park and aquatic facility, Streetscape, etc. (Letter is attached and by this reference is
made a part of the official record)
Mayor Kennedy and Leistiko wished Counsell the best and thanked him for his service.
Kukulski said there have been some productive meetings with the community on the charter and he
feels the Council will be pleased with the changes.
Kukulski thanked Counsell on behalf of the staff, adding he was always a calming influence.
ADJOURN
The meeting was adjourned at 10:14 p.m.
ATTEST:
Theresa White
City Clerk
Approved July 7, 2003
Kalispell City Council Minutes
June 16, 2003
Page 11
VALLEY B A N K OF KALISPELL
AG
May 30, 2003
RECEIVED
L i;
M;LISHLL CITY CLrpt
City Clerk
City of Kalispell
1312 First Ave East
PO Box 1997
Kalispell, MT 59903
RE: Proposed Downtown Kalispell Business Improvement District
Description of Parcel: Lots 13 thru 24, Block 66 Kalispell Original Townsite
Lots 13'thru 20, Block 55 Kalispell Original Townsite
Dear Sirs:
This is to advise you that we wish to protest the inclusion of the above property in the
proposed business improvement district. It consists of 20 lots of which 60% are customer
parking, employee parking and drive-in lanes for our motor bank. There are no retail
businesses located on this property. We do not believe that we will receive any benefits
by the inclusion of this property in the district.
It is respectively requested that you remove this property from the proposed district.
Very truly yours,
Hensley
Executive Vice President
7LH:lh
P.O. Box 48 • KALISPELL, MT 59903-0048
406-752-7123 • FAX 406-752-7320 • WWW.VALLEYBANKMT.COM
MEMBER FDIC '
Jeff and Mary Roper
310 Summit Ridge Drive
Kalispell, MT 59901
May 31, 2003
City of Kalispell
PO Box 1997
Kalispell, MT 59903
Gentlemen:
JUN 0 2 2003
FINANCE OFFICE
KAUSPELL, MONTANA
This letter is to protest against the extent or creation of the Downtown
Business Improvement District. I believe there is a lot more work that could
be done to make the proposed area a better place to shop and do business.
There are too many side issues that need to be addressed before such a
district is put in place.
The property I own is Sn 18 Tn2 8 Rn21 KAL L7 Thru I I BLK 37 AMD.
Sh*erely
1---Yeff Roper
RECEIVED
June 6, 2003
l'
„ALISPELL CITY CLERK
Kalispell City Council,
Skyline Bowl
330 I" Ave. West
Kalispell,Mt 59901
As owners of the Skyline Bowl property and building located at 330 1" Ave. West, Kalispell(GEOCODE -
KAL L006 B067 LOTS 6 7 8 9 88 ADJ /PAF 3966-18-1-39-06-0000), we would like to express our
opposition to the creation of the proposed Downtown Kalispell Business Improvement District. If the
district is passed, we would like to be exempted from said district.
Sincerely,
Jim and Kay Rayment
SOFTENERS
FILTERS
FEED PUMPS
DISTILLERS
RETTYJOHN'S RECL' ED REVERSE U V LIGHTS LIGHTS
WATER COOLERS
BOTTLED WATER
i 4C' U' 3 it !H _ Q F 1 � DELIVERY SERVICE
J �J 19 RESIDENTIAL
O a ° COMMERCIAL
° KALIISHLL-C i Y CLI fat{ INDllSTR1AL
124 -SECOND STREET WEST (406) 755-3674
KALISPELL, MT 59901 Fax (406) 755-3888
Kalispell City Council
312 First Ave. E.
PO box 1997
Kalispell, MT 59903
RE: Downtown Kalispell Business
Improvement District
Dear Council,
I am writing this letter as a formal protest on record against our inclusion into the
extent and creation of the district to be assessed.
As long time residents of the downtown area ( since 1972 ). We can see the
possibility some good things happening for the immediate downtown area. But for us it
will only constitute another burden (1*11 call it a tax, you can call it what ever you want)
on us. without any noticeable benefit for us.
1. We are located at (legal description)
That part of Lots 1, 2,3 of Block 54 of KALISPELL, MONTANA,
according to the map or plat thereof on file and of record in the office of the
Clerk and Recorder of Flathead County, Montana.
Beginning at the Northwesterly corner of said lot 1; thence Southerly along
the westerly boundary line of said Lots 1, 2 and 3, a distance of 75 feet to the
southwesterly corner of said Lot 3; thence Easterly along the southerly
boundary of said Lot 3, a distance of 64 feet to a point; thence Northerly along
a line parallel with the Westerly boundary of said Lots 3, 2 and 1, a distance
of 75 feet more or less to a point on the Northerly line of Lot 1; thence
Westerly along the Northerly boundary line of said Lot 1, a distance of 64 feet
to the Northwest corner of said Lot 1, the place of Beginning.
2. We are located on 2"d St. facing north. There is a Glacier Bank parking lot
between us and I" Ave. E.. So any benefit from pedestrian traffic on I" Ave.
E. would not even effect us. Unless they were walking on their way to Sykes
for lunch.
SALES • RENTALS
N
3. Our business has never relied on walk-in traffic to keep us afloat. People come
to our place of business specifically to talk to us, not on a whim because they
were walking by.
4. With the implementation of this new fee or "TAX" and our inclusion, is
causing us to rethink our position of staying within the city limits. Possibly
moving away from the Downtown area.
Again it is not that we don't see the possible benefits for retail operations in this new
business district. We just can't see any benefit for ourselves. We only see another entity
taking away another piece of our pie without receiving anything in return.
Respectfully yours,
Gary Fetveit
r
Malcolm Pettyjohn
k
'RECEIVED
PROTEST TO PROPOSED BUSINESS IMPROVEMENT DISTRICT as I - m
u;l _Mi
LJ UN 10 i
To: City of Kalispell City Clerk it\AUEFELL CITY CLERK
The undersigned persons, pursuant to the provisions of 7-12-1113 MCA,
protest the proposed creation of the business improvement district described
below that is scheduled for a hearing before the City Council of the City of
Kalispell in the Council Chambers, City Hall, Kalispell, Montana on June 16,
2003 at 7:00 p.m. and in support of this protest respectfully show:
1. On May 19, 2003 the City Council passed a resolution of intention
to create a business improvement district.
2. The exterior boundaries of the proposed special assessment district
for the above -described improvement were described and shown by a map
attached to or sent with the Notice of Public Hearing.
3. The -undersigned persons are the owners, respectively, of the
following described property:
See Exhibit A attached hereto.
4. The above -described property is within the exterior boundaries of
the proposed Business Improvement District.
5. The undersigned protest the proposed Business Improvement District
and special assessment related thereto on the following grounds:
Our real property is used for professional services and has no connection
with retail shoppers; there is no legitimate public use to be served, and there is
no showing to establish that such a district would promote the health, safety,
prosperity, security and general welfare of the inhabitants of the district and
the people of the state of Montana; there is no showing that the property within
the boundaries of the district will have a special benefit; and all of the factors
required to be shown to create such a District are being adequately met by the
existing assessments and governing body. The creation of a new governing
body with higher amounts to be paid by the property owner does nothing more
than to increase bureaucracy and cost the taxpayer more money with no
additional benefits.
Therefore, the undersigned request that the City Council of the City of
Kalispell find that the objections and grounds stated above are supported by
the evidence and that the proposed Business Improvement District be denied
or in the alternative the boundaries be modified to exclude the property
described above so that the proposed Business Improvement District will not
apply to the real property of the undersigned.
-ft
Dated this 10-'day of June, 2003.
Exhibit A
PARCEL ID: 07 3966 18 1 53 01 0000 01
ADDRESS:
47
ASSESS CODE:
9155
PRO:
CU
OWNER:
BUDKAL
MAILING:
120 First Avenue West
CITY:
KALISPELL
STATE:
MONTANA
ZIP CODE:
59901
SQUARE FT:
17,500
RECEIVED
PROTEST TO PROPOSED BUSINESS IMPROVEMENT DISTRICT
? F.,. �j 3 j 3 *• 2 3
LV
To: city of Kalispell City Clerk
I-',ALISPELL CITY CLELLI't'11%
The undersigned persons, pursuant to the provisions of 7-12-1113 MCA,
protest the proposed creation of the business improvement district described
below that is scheduled for a hearing before the City Council of the City of
Kalispell in the Council Chambers, City Hall, Kalispell, Montana on June 16,
2003 at 7:00 p.m. and in support of this protest respectfully show:
1. On May 19, 2003 the City Council passed a resolution of intention
to create a business improvement district.
2. The exterior boundaries of the proposed special assessment district
for the above -described improvement were described and shown by a map
attached to or sent with the Notice of Public Hearing.
3. The undersigned persons are the owners, respectively, of the
following described property:
See Exhibit A attached hereto.
4. The above -described property is within the exterior boundaries of
the proposed Business Improvement District.
5. The undersigned protest the proposed Business Improvement District
and special assessment related thereto on the following grounds:
Our real property is used for professional services and has no connection
with retail shoppers; there is no legitimate public use to be served, and there is
no showing to establish that such a district would promote the health, safety,
prosperity, security and general welfare of the inhabitants of the district and
the people of the state of Montana; there is no showing that the property within
the boundaries of the district will have a special benefit; and all of the factors
required to be shown to create such a District are being adequately met by the
existing assessments and governing body. The creation of a new governing
body with higher amounts to be paid by the property owner does nothing more
than to increase bureaucracy and cost the taxpayer more money with no
additional benefits.
Therefore, the undersigned request that the City Council of the City of
Kalispell find that the objections and grounds stated above are supported by
the evidence and that the proposed Business Improvement District be denied
or in the alternative the boundaries be modified to exclude the property
described above so that the proposed Business Improvement District will not
apply to the real property of the undersigned.
Dated this __10— day of June, 2003.
SERVICE OFFICE OF MONTANA
Exhibit A
PARCEL ID: 07 3966 18 1 53 06 0000 01
ADDRESS:
47
ASSESS CODE:
698580
PRO:
CU
OWNER:
SERVICE OFFICE OF MONTANA
MAILING:
AD% JCCS
CITY:
KALISPELL
STATE:
MONTANA
ZIP CODE:
59903
SQUARE FT:
17,500
PROTEST TO PROPOSED BUSINESS IMPROVEMENT DISTRICT
TO: CITY CLERK HEARING: JANUARY 16, 2003,
CITY OF KALISPELL 7:00 P.M., COUNCIL CHAMBERS
Each of these banking institutions and its predecessors has for many years
supported the Kalispell downtown businesses. The downtown is the heart of our
community; we wish to continue our effective support and believe that an
appropriate improvement district might assist in attaining our mutual goals.
Each would support the creation of a business improvement district to promote the
downtown area and its businesses if:
(1) the boundaries of the district include all properties which would receive a special
benefit from the district; (2) the district establishes specific attainable goals; (3) the
property owners are informed concerning the operation of the district, and in
particular the process for selection of the members of the Board of Trustees; future
assessments; for termination if district is not functioning as expected.
Each of the property owners named below protest the creation of the proposed
business improvement district.
DATED: June 10, 2003.
First Interstate Bank
By
Robert F. Schneider, President
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RECEIVED
PROTEST TO PROPOSED BUSINESS IMPROVEMENT DISTRICT
--n3
To: City of Kalispell City Clerk KALISPEL L C11Y CLEM
The undersigned persons, pursuant to the provisions of 7-12-1113 MCA,
protest the proposed creation of the business improvement district described
below that is scheduled for a hearing before the City Council of the City of
Kalispell in the Council Chambers, City Hall, Kalispell, Montana on June 16,
2003 at 7:00 p.m. and in support of this protest respectfully show:
1. On May 19, 2003 the City Council passed a resolution of intention
to create a business improvement district.
2. The exterior boundaries of the proposed special assessment district
for the above -described improvement were described and shown by a map
attached to or sent with the Notice of Public Hearing.
3. The undersigned persons are the owners, respectively, of the
following described property:
See Exhibit A attached hereto.
4. The above -described property is within the exterior boundaries of
the proposed Business Improvement District.
5. The undersigned protest the proposed Business Improvement District
and special assessment related thereto on the following grounds:
There is no legitimate public use to be served, and there is no showing to
establish that such a district would promote the health, safety, prosperity,
security and general welfare of the inhabitants of the district and the people of
the state of Montana; there is no showing that the property within the
boundaries of the district will have a special benefit; and all of the factors
required to be shown to create such a District are being adequately met by the
existing assessments and governing body. The creation of a new governing
body with higher amounts to be paid by the property owner does nothing more
than to increase bureaucracy and cost the taxpayer more money with no
additional benefits.
Therefore, the undersigned request that the City Council of the City of
Kalispell find that the objections and grounds stated above are supported by
the evidence and that the proposed Business improvement District be denied
or in the alternative the boundaries be modified to exclude the property
described above so that the proposed Business Improvement District will not
apply to the real property of the undersigned.
I
t
Dated this jj_ day of June, 2003.
FENEX TRUSTEES, WILLIAM D & NE
Exhibit A
PARCEL ID: 07 3966 07 4 08 10 0000 01
ADDRESS:
34
ASSESS CODE:
898495
PRO:
CU
OWNER:
FENEX TRUSTTEES, WILLIAM D &, NE
MAILING:
42 1ST AVE W
CITY:
KALISPELL
STATE:
MONTANA
ZIP CODE:
59901
SQUARE FT:
3,500
Todd Watkins • Director - Business Svcs
(406) 751-3412
wcrfWnst@sd5.k 12.mt. us
Sue Tyree • Accounting
(406) 751-3428 • tyrees@sd5.k12.mt.us
Terry Booky • Accounts Payable
(406) 751-3422 • bookyt@sd5.k12.mt.us
Our rids • Our Future
Business Office
233 First Avenue East • Kalispell, MT 59901
406-751-3445 • Fax 406-751-3425
Jan Weller • Payroll
(406) 751-3420 • wellerj@sd5.k12.mt.us
Bruce Nikunen • Director - Purchasing
(406) 751-3433 • Fax (406) 751-3429
nikunenb@sd5.k12.mt.us
Sandy Weeks • Purchasing Clerk
(406) 751-3401 • weekss@sd5.k12.mt.us
Bea Peterson • Printshop
(406) 751-3427 • petersonb@sd5.k12.mt.us
June 11, 20037
M
VIA HAND -DELIVERY
Ms. Teresa White, City Clerk
City of Kalispell
P.O. Box 1997
M
Kalispell, MT 59903
M
Cn
a~
Dear Ms. White:
As a property owner, the school district is in receipt of a general notice regarding the intent to
create a business improvement district that will apparently include some property owned by the
school district. It is the school district's understanding that, notwithstanding receipt of this
notice, it would not be liable for any assessment imposed.
Please confirm that the school district is not considered to be potentially liable for any
assessment within the proposed business improvement district. If your position is that the school
district would be liable, then this letter will serve as the school district's protest as to the creation
and/or extent of the proposed business improvement district.
Sincerely,
Todd W. Watkins
Clerk of the Board
Kalispell School District No. 5 and Flathead High School District
233 First Avenue
Kalispell, MT 59901
Cc: Joe McCracken, Superintendent
Letter to City Council and Mayor Kennedy
My Name is Angie Kruckenberg
I reside at 1116 Sunnyside Drive
i
L11VUr,11 I UVII L aLLVIlU all tlli-, %,VU 11
meetings I watch them via the TV.
I am fearful of the huge number of
developments, both housing and
built in the Flathead in such haste.
I am appalled at the huge pieces of
mdl��
I am very concerned over where those
ve*pic whw-
.�tx t1hink YOW-=--' fcv
will work, so that they may have the
privilege to live in this Flathead Valley.
being sold at the speed that you thought
they would sell, even with the lowest
interest rates in history available-
111 WON "M
Presently there is a glut of office space in
this town due to overbuilding.
F M.,
in 71 TIMM ATasTa uu7 ing 717 fo yeTT77
being in business there.
After the pipeline completion there were
developers who thought that there was to
be massive growth for Alaska.
And true there was growth, and those with
+1, right -+—+ A;A 1—;1A A k;1A
1;, r, �,v a CLJ1 . Ira
fact they built themselves a glut in the state
that destroyed hundreds of businesses and —
thousands of families.
This Daily Interlake enclosure, the TV
tax list was in the state of Alaska on all
that new growth that was done.
The bigger the developer the harder they
fell, and along with them they took banks,
lumber suppliers and hundreds of small
businesses. In that domino effect, the
suppliers had to cut wages and lay off
people in order to survive.
The houses that they purchased were on
accelerated payment bases. They were all
hoodwinked into the fact that there was no
end to the work and the money source. The
result, hundreds of 2eol2le lost their homes.
I know, I was one of the Alaskan business
people who participated with Governor
financial crevice that the Building Glut
created for the people of Alaska.
There has to be industry or some major
revenue source to keep people working.
What industry or revenue sources are in
the plans for Kalispell's future?
mlontana June 16, 2003
I come to this hearing to speak to the portion of the rate increases pertaining to extensions
of utility lines. There are two •w to my comments.
# 1. A few years ago some neighbors and my wife and I in a role as developers paid for
and extended a sewer line including provisions for a neighbor who chose not to come in at
that time. This was all according to city policy. You now tell us that, through rate increases,
we should also pay for extensions of sewer and water lines for a long distance outside the
city on the south side and according to the Daily Interlake, possibly also to the North and
West and East. This appears to be a major deviation from policy and sets a precedence
for all future extensions,
may appear be an expedient solution to a planning issue, but I think you will haV4
to agree that it is not fair to use existing ratepayers as a club to force annexation and control
of surrounding areas. The ratepayers interests are to purchase water and sewer not to do
county planning. The issue is really of general interest and needs to be generally funded or
V
according to the policy currently in force.
You might argue that time is of essence, in order to coordinate with highway construction,
but in all probability, lines would be required on both sides of the highway and this does
not appear to be a strong argument. Lines could be along the back of the lots or towards
the • or possibly even in in the right away without undue interference with highway
improvements.
Mayor and Kalispell City Coun
City Hall
312 1 ' Ave East
Kalispell, MT 59901
zoz•
Effective June 18, 2003, 1 will have moved my • residence from Kalispell Ward
I to Ward IL
Per City Ordinance I am required to resign my present Council position. I do not sejazq
to file for election in Ward 11, therefore; I offer my regrets and respectfully submit my
resignation,
9MEM
Donald E. Co 11
Ward I Counselor