03/21/11 City Council Minutes1I • IOURIJ 11F.001 1 • IMI DWI
• •
Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Chief of Police Roger Nasset, Planning Director Tom Jentz, Finance Director Amy
Robertson, Parks Director Mike Baker, and Deputy City Clerk Judi Funk.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
Saverud moved to approve the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
Council Minutes — Regular Meeting — March 7, 2011
2. Award Bid — Chip Seal Project
Two bids were received for the 2011 Chip Seal Project from Pavement Maintenance
Solutions ($188,940.14) and Knife River ($219,754.20). Staff recommended the bid be
awarded to Pavement Maintenance Solutions.
Larson moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
Steve Eckels, 20 White Bark Avenue, sang a song he arranged with words written by Lisa Berkeland
to a well known hymn which he would like to see become the official Kalispell anthem.
Council is considering proposed rate increases for sewer, water, and solid waste over a five-year
adjustment period.
Mayor Fisher opened the public hearing.
Kalispell City Council Minutes
March 21, 2011
Page 1
Bruce Measure, 635 5th Street East, former Chairman of the Flathead Electric Board, spoke on his
perception of the rate -making process and recommended using an Inverted Block Rate Structure,
which charges small users less.
Gary McHenry, 324 9th Avenue West, asked where the money is going to go and noted people
would prefer to be hit with rate increases a little bit at a time, not all at once in the first year.
Pauline Sjordahl, 234 3rd Avenue West, encouraged council to use Measure's suggestion about the
Inverted Block Rate Structure.
Mayor Fisher closed the public hearing.
(All written comments received before and during the public hearing are attached and by this
reference made a part of the official record)
E/1. ORDINANCE 1693 — AMEND ORDINANCE 1166 - ADMINISTRATIVE CODE —
1READING
This ordinance eliminates the requirement that the Kalispell Public Works Director possess a
professional engineer (PE) license. Ordinance 1693 passed unanimously on first reading March 7
with Kluesner absent.
Public Comment
None.
Atkinson moved second reading of Ordinance 1693, an ordinance amending Ordinance No.
1166, codified as Kalispell Municipal Code 2-45 Public Works Director, to waive the require-
ment that the director possess a Professional Engineer license, and declaring an effective date.
The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
RESOLUTION 5487 — CONSTRUCTI! DRIVE
SOUTH
The�Montana Department of Transportation is making plans to construct the Reserve Drive South
roadway, connecting West Reserve Drive to the east terminus of Hutton Ranch Road. The proposed
roadway does not involve any financial participation by the city.
Kalispell City Council Minutes
March 21, 2011
Page 2
Howington gave a report and answered questions.
Council directed staff to draft a letter to MDOT concerning the name of the road, preferring Hutton
Ranch Road.
Public Comment
None.
Kenyon moved Resolution 5487, a resolution authorizing the Mayor of Kalispell or designee to
execute the construction agreement of Federal Aid Project No. NH -MT 15(73), also known as
Reserve Drive South -Kalispell, with the State of Montana, acting by and through the
Department of Transportation. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
The Kalispell Parks and Recreation Department has received notification of an additional grant
award in the amount of $4,087.30 to help address Dutch Elm Disease.
Baker gave a report and answered questions.
Public Comment
None.
Saverud moved Resolution 5488, a resolution amending the annual appropriations of the City
of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council for the
purpose of acceptance of an Urban Forestry Grant Award. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
GREWASTEWATER ENACRESCOLLECTION CONNECTION
REQUEST
Greenacres Court has requested emergency funding from the state to help with failing septic systems
which requires an agreement with the city to allow the mobile homes to connect to city sewer.
Kalispell City Council Minutes
March 21, 2011
Page 3
Howington gave a report and answered questions.
Harball and Jentz answered questions.
Public Comment
None.
Kenyon moved to authorize the development and execution of an emergency agreement
between the city and Greenacres Court for connection to the city sewer system. The motion
was seconded.
Council Discussion
Hafferman commented that he prefers Option 2; the laterals should be privately owned and
maintained, because there would be too much liability if the city owned them. He added that the
Waiver of Protest should also address billing and sewer impact fees.
Mayor Fisher noted she would like to hear more about the different options as this goes forward.
The motion carried unanimously upon vote.
CHURCHE/5. ORDINANCE 1694 — PUD AGREEMENT EXTENSION — CORNERSTONE
COMMUNITY READING
This is a request for a one-year extension of the Planned Unit Development agreement to construct a
bank at the corner of Northridge Drive and Highway 93.
Jentz gave a report and answered questions.
None.
Larson moved first reading of Ordinance 1694, an ordinance authorizing and adopting an
amendment to the Cornerstone Community Church Planned Unit Development Agreement in
association with the construction of Valley Bank. The motion was seconded.
Council Discussion
Gabriel commented that she still has problems with the driveways cutting through the bike lanes in
the original development.
The motion carried unanimously upon roll call vote.
Kalispell City Council Minutes
March 21, 2011
Page 4
E/6. RESOLUTION 5489 — EXTENDING REDUCTION ON TRANSPORTATION
IMPACT FEES
The city council, in 2009, imposed transportation impact fees at the rate of 75 % of the scheduled fee
for any new construction for two years. Resolution 5489 extends that reduction for an additional one
year.
Howington gave a report and answered questions.
Public Comment
ere MW
Kenyon moved Resolution 5489, a resolution to amend that section of Resolution No. 5346 that
established the City of Kalispell Transportation Impact Fees to extend the initial two year
limitation at 75% of the scheduled fee for one additional year. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
ORDINANCE 1695 — AMENDING ORDINANCE 1587 — IMPACT FEES — IST
READING
This ordinance refines the administrative procedure for installment payments of impact fees as
authorized under Ordinance 1587.
Howington gave a report.
Public Comment
None.
Larson moved first reading of Ordinance 1695, an ordinance amending the City of Kalispell
Impact Fee Ordinance No. 1587 codified at Chapter 8 of the Kalispell Municipal Code,
declaring an effective date, and authorizing the City Attorney to codify the same. The motion
was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote.
Kalispell City Council Minutes
March 21, 2011
Page 5
.` i''1 ►err ir•'!� i •,'i
This ordinance places a five -acre cap for lighting assessments on large vacant parcels.
Howington gave a report and answered questions.
Public Comment
Steve Lorch, Department of Natural Resources and Conservation, 655 Timberwolf Parkway,
expressed his support for the ordinance and his appreciation to the staff for their work.
Saverud moved first reading of Ordinance 1696, an ordinance setting a per parcel or lot limit
on the assessment of the City of Kalispell Special Lighting District. The motion was seconded.
Council Discussion
Atkinson explained that the assessments on very large lots were very expensive and staff felt that
capping the lot size would be appropriate.
The motion carried unanimously upon roll call vote.
r RESOLUTION 5.90 — ESTABLISHING SET FEES FOR PARADES r
EVENTS
Resolution 5490 sets fees for parades and special events that use city property and public right-of-
ways to help offset costs incurred by the city.
Howington gave a report and answered questions.
Public Comment
►WiMW
Atkinson moved Resolution 5490, a resolution establishing parade permit and special event
fees to be charged by the City of Kalispell to applicants seeking to make use of city property
and public right of ways for these uses and declaring an effective date. The motion was
seconded.
Council Discussion
None.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kluesner, Larson,
Saverud, Zauner and Mayor Fisher voting in favor, and Kenyon voting against.
Kalispell City Council Minutes
March 21, 2011
Page 6
The city manager requires the consent of the council to execute the collective bargaining agreement
between the city and the Firefighters Local Union No. 547.
Harball gave a report and answered questions.
Public Comment
None.
Larson moved council authorize the city manager to execute the collective bargaining
agreement with the IAFF Local 547. The motion was seconded.
Council Discussion
Hafferman commented this is a clash of two accounting systems and he has no idea if the bottom line
will be met. He said he would like council to establish guidelines for the coming budget year.
Mayor Fisher noted this is an issue the council has to address, in addition to the city manager. She
asked council members to discuss how they feel about the matter with the city manager.
Atkinson agreed.
The motion carried unanimously upon roll call vote.
Howington listed some of the options for the fire department, including reorganizing EMS services,
downsizing the fire department, downsizing other general fund departments, doing nothing, or using
reserves.
Mayor Fisher announced she will be on KGEZ radio with a mayor's report on Mondays between
8:00 and 8:30 am.
Hafferman, in reference to a comment from a constituent asking why the city is sweeping the streets
now and not waiting, noted that the streets need to be swept of winter debris and this is the best time
to start.
Larson noted we need to "clean up" the animal ordinance and requested a work session on the
matter.
Kalispell City Council Minutes
March 21, 2011
Page 7
The meeting was adjourned at 8:43 p.m.
Theresa White
City Clerk
Approved April 4, 2011
Kalispell City Council Minutes
March 21, 2011
Page 8
Theresa White
From:
candreolby [candreolby@gmail.com]
Sent:
Monday, March 14, 2011 9:33 PM
To:
Theresa White
Subject:
Comments: Water, Sewer and Solid Waste
I am opposed to the fixed rates. What I see is widows and widowers on a fixed income paying the same sewer
rate as a household next door with six or more people. Water is charged according to the amount used, why not
do the same with sewer and solid waste!
Solid waste is a joke. People like myself who recycle are penalized. We take our time and money to transport
recyclables yet pay the same as those who fill the containers and add to the landfill. These same people who
can't be bothered with recycling are the ones who fill the dumpsters with cardboard boxes they are too lazy to
collapse and when the containers are full they pile their trash against my garage creating a fire hazard! I have
had my garage roof and fence damaged by the container truck and when I complained to the city I was told they
couldn't have done it.
Any charge should be per person and their usage not based on property ownership.
Clay Colby
Theresa White
From:
Marvin Ortman [mcoslo@cyberport.net]
Sent:
Monday, March 14, 2011 9:44 AM
To:
Theresa White
Subject:
rate increase
Dear City Council,
Thank you for your mailing on the proposed rate increase. May I suggest that the information given in the mailing is
probably accurate, but incomplete. The real costs of utility expansions outside of the city for new development and the
real costs for providing sewer treatment for Evergreen was not explained. These past decisions may have to be revisited.
We as citizens do not know where the money all goes, but rate increases are always looked to, early on, when there is not
enough money to go around. I can see that you do not want to increase volume rates, as that would only cause more
conservation of water thereby mitigating the effect on the rate increases.
Obviously conservation of water is not an issue with those looking at the water department finances, as the new
proposed rates effectively penalize those who have made an effort to conserve. Raising the base rate will effectively force
those that are small consumers of water to pay way more for each 1,000 gallons of water. These are in many cases the
elderly, widows and the poor.
I agree with the 1996 City Council decision to freeze the fixed portion of the water and sewer rates. If you see it
necessary to make some changes to the fixed rate, may I suggest that something under a 50% increase may be more
reasonable than a 400% increase. There will never be enough money from the fixed fund to pay for the fixed costs of
operation, especially when considering the water system, which has relatively low costs for the actual water wells and
electric bills. I think that the $3.75 base rate, for each, of the water & sewer, should be more than enough to cover the
billing and receipts expenses for each service.
May I suggest that you take your time on this issue, look at the rate increase more carefully and find a way to do
several more things.
1. Tell us where you have made bad decisions in the past that have affected your effective income.
2. Find a better way to change the rates. (Take a look at the FEC new rate structure, for instance)
3. Show us that you can make some cuts in your day to day expenditures.
Thank you for your time and dedication in service to every business and resident in Kalispell.
Marvin Ortman
Theresa White
From: Marcia Siblerud [siblerud@bresnan.net]
Sent: Monday, March 14, 2011 10:25 AM
To: Theresa White
Subject: Sewer & Water Rates
Dear City Manager,
I think the proposed rate increases for sewer and water are necessary and very fair and I hope
that they will both be implemented. We are so fortunate to have great systems in place for
both. Thank you!
Marcia Siblerud
C , V
City Of Kalispell City Council
March 12, 2011 j
TY C,
Re: Proposed utility rate increase L.
mm,
Please do not raise my water/sewer rate as I am elderly,
disabled, and unable to work due to paralysis. I live on social
security which remains at a fixed rate. My budget is meager. I
eat lightly, use little water, and flush only as necessary.
1. and many on fixed incomes, cannot keep up with food
and utility increases as it is. Just putting a stamp on this letter
cost me $.44!!
Please keep me in mind as you consider this rate increase
Thank you,
Christine K. Hall@2144 Merganser Drive, Kalispell, MT 5990
Jane Howington
Kalispell City Manger
FE D
U1 d :T, isL ERR
RE: Notice of Proposed Sewer and Water rate Increase
Dear Ms Howington;
2226 S. Woodland Dr
Kalispell. MT.
March 16, 2011
Thanks for the information and the opportunity to express my concern on the proposed
increase sewer and water fees.
To start let me share with you a little personal information. We are retired on a fixed
income with a little help from investments. Prier to the National economic melt down
our savings and investment were keeping up with rising cost, however, presently income
from investments has rebounded less than 20% and it is a struggle to keep up.
Almost daily in the news paper there are stories about the City of Kalispell, Flathead
County, and Montana State departments and agencies in need for more money. A good
example is a big bunch of money needed to fix some of Kalispell schools that were
recently built or refurbish. Local and federal governments have a bad case of the wants
and they are looking at tax payers with pockets running on empty to pay more.
Add these requests to increase cost for food, medical needs and insurance , electric
power, natural gas and fuel, a 450% increase for base fees for water and sewer is - - -
well, overwhelming. At current rates for water we have only been watering our lawn in
the front of the house.
Something has to give. I am coming closer to the rock and the hard spot. The City's
request for increase rates hits me like the last straw on the poor old camel's back. We
are not quite broke but we are getting there. Our only tool for survival is to decrease
spending any place we can. If the City's request for increase in fees is passed there goes
my green front lawn along with what ever I can do with out.
Please take another look at the City's proposed rate increases for our water and sewer.
Thanks to all of you working for the City of Kalispell for their good work and service to
our community.
Sincerely,
Jane riowingion
Friday, March 18, 2011,10:38 AM
Theresa White
FW: Proposed rate increase
Re: rate adjustments
-----Original Message -----
From: Parker Ryan [mailto:tparkerryan(@gmail.coml
Sent: Thursday, March 17, 2011 1:39 PM
To: Jane Howington
Subject: Proposed rate increase
Dear Jane,
I recently received a notice in the mail that the city wants to increase our sewage rates as
well as triple the base rates on water and sewer. I have lived in Kalispell for most of my
life with the exception of the 12+ years of college and grad school that I attended. I have
seen the city grow and change in both good ways and bad ways. For the most part I just
excepted the changes as they have come. However, my attitude changed when I built a home in
2008. I was amazed to learn that the developer had to pay to put in all of the utilities in
the subdivision as well as pay impact fees to the city and pay to put in and maintain a city
park. Of course, as you know, those fees are passed on to us, the consumer. I then had to
pay for my permits, etc. and was handed a bill by the city for @ $9,000.00 to hook up to the
water and sewer. For this amountyouwould think the city would actually have to come to
your house and physically hook up the services. No, I had to pay someone to do that. The
$9000.00 was simply another tax from the city. So, what did I receive for this fee?
Nothing...... I still have to pay a water and sewer bill every two months. So now you want
to raise my rates because building has slowed down and the gravy train of impact fees and
hook up fees has run dry. My question is this: What happened to all of the impact fees and
hook up fees that were collected during the hay days? I know you were not here for that time
period but someone needs to be held accountable for not managing funds correctly during the
good times. Just as the citizens have had to learn to cut back, sell their toys and homes
and downsize, so too must the local government. It seems as though while the economy was
taking a down turn and people's incomes were decreasing, the city stayed busy building new
fire halls and schools. Citizens kept voting yes for every bond that came through the voting
booths because each one came at a different time and was sold as a small increase of x amount
of dollars on a $100,000.00 home. Each of these votes has added up over the past ten years.
Then, to top things off, we get hit with housing reappraisals that valued our house at over
$80,000 dollars more than we built it for and far more than we could sell it for today. So
now I have to pay city taxes that are based on the inflated value of my house. Now you want
more. I just can't support any increases. We have to stop hitting people with additional
costs. This is no more than another tax increase. It is just called a fee instead of a tax.
Where does it stop? By the time I was done building my house I figured I had paid well over
$20,000.00 in impact fees to the city of Kalispell between the direct fees from the city and
the hidden fees in the cost of the lot that was passed on to me by the developer. Enough is
enough. Time to stop spending and start making difficult decisions on how to save money.
I don't know you personally, but from the few people I have asked it sounds like your
intentions and heart are in the right place.
Thank you for taking the time to read my letter and I
future managing the City of Kalispell. I know it can
the different personalities among the citizens and the
T. Parker Ryan, D.C.
406-755-6030
sincerely wish you good luck`in your
be a difficult task working with all
city council members.
Drucilla Parker
131 Quincy Loop
Kalispell, MT 59901
City Clerk
201 First Avenue E
Kalispell, MT 59901
To Whom It May Concern:
I would like to voice my opinion regarding an increase in the rates of sewer and solid
waste utilities and proposed water rates. I am strongly against these rate increases,
especially since most looks like administrative charge base rate increase. Public services
administration needs to budget around our current circumstances just like your general
public has had to budget our finances without raises, increased property taxes, etc.
Many of us are struggling to survive, and the City Administration seems to grant
concessions after concessions to nonprofit organizations while shifting the burden of
providing services to the few residents that weren't locating outside of City Limit
boundaries.
This includes providing so much "free recreational" access to parks, roads, sidewalks, all
for those tourist dollars. We all ready pay a "sprinkler fee in addition to our regular water
rates" for those same park areas. I feel enough is enough and the City needs to figure out
how to "reduce administrative burden", not cut the employment of a meter reader or two.
Sincerely,
--H'rucilla Parker