11/04/07 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., TUESDAY, SEPTEMBER 4, 20079 IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER,
HANK OLSON, DUANE LARSON, AND WAYNE SAVERUD WERE PRESENT,
COUNCIL MEMBER JIM ATKINSON WAS ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Assistant Fire ChieflPrevention DC Haas, Detective Lieutenant Jim Brenden, Finance Director Amy
Robertson, Human Resources Director Terry Mitton, 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.
A. AGENDA APPROVAL
Kenyon moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Atkinson absent.
B. CONSENT AGENDA APPROVAL
I. Council Minutes — Re lar Meetjq&.—,.AugLjst 20 2007
Kenyon moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Atkinson absent.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
None.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/L ORDINANCE 1622 --- CIVIL PENALTIES — KALISPELL CITY AIRPORT ---- 1ST
READING (TABLED AUGUST 20
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September 4, 2007
Page 1.
Ordinance 1622 approves the City Airport Standard operating Procedures and authorizes municipal
civil penalties for violations of the rules and regulations. ordinance 1622 was tabled at the August 20
meeting.
Gabriel moved to remove ordinance 1622 from the table. The motion was seconded.
The motion carried unanimously upon vote with Atkinson absent.
Harball gave a staff report and Patrick explained that everyone who uses the airport has been notified
of the ordinance.
The motion carried unanimously upon roll call vote with Atkinson absent.
EI2. FINAL PLAT --- Fox TROTTER MEADOWS PHASE I
This is a request for final plat approval of Fox Trotter Meadows Phase 1, a one -lot residential
subdivision located on approximately 1 acre on the west side of Stillwater Road near the intersection
of Stillwater Road and Parkaridge Drive.
Kenyon. moved Council accept the subdivision improvement agreement and approve the final
plat of Fox Trotter Meadows Phase I. The motion was seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon vote with Atkinson absent.
E13. FINAL PLAT — SUBDIVISION No. 272
This is a request for final plat approval of Subdivision No. 272 that plats a single-family lot on
approximately a third of an acre just south of an existing home on the east side of Denver Avenue
between Bluestone Drive and Rimrock Court.
Larson moved Council approve the final plat for Subdivision No. 272. The motion was
seconded.
Jentz gave a staff report.
There was no discussion.
The motion carried unanimously upon vote with Atkinson absent,
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September 4, 2007
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E/4. RESOLUTION 5234 -- INTERLOCAL AGREEMENT — MOTOR FUEL EXCISE
TAX
Flathead County is requesting that the cities of Kalispell, whitefish, and Columbia Falls approve an
interlocal agreement to place a motor fuel excise tax option on the ballot for voter consideration.
Kenyon moved Resolution 5234, a resolution to authorize the City Manager to execute the
interlocal agreement proposed by Flathead County to place the issue of a countywide motor
fuel excise tax on fuel sold in Flathead County on the ballot. The motion was seconded.
Patrick gave a staff report and answered questions.
Mayor Kennedy suggested that in light of possible changes being made by whitefish and Columbia
Falls, Council should just pass a resolution of intent to place the issue on the ballot and direct the
City Managers to work out the details of the agreement.
Patrick said that could be appropriate, but there is urgency on the part of the County to make the
deadline for the November ballot.
Harball added the Commissioners feel the cities would be most concerned with the apportionment so
they put a formula in the agreement for a population apportionment which they feel is the fairest
way. He noted if Whitefish or Columbia Falls want to make changes to the formula, there is still
room for flexibility; he is just concerned that we get a response to the Commissioners as soon as
possible.
Mayor Kennedy still expressed concerns that there are blanks in the document before the Council
this evening.
Saverud pointed out the wording in the resolution indicates the Council is authorizing the City
Manager to execute the interlocal agreement once the different parties agree.
Larson stated he feels the population formula is the fairest way to go and in the spirit of cooperation
with the County he would be willing to pass the document the way it is. He said if something has to
be changed later then the Council can do that.
Hafferman remarked that without working toward a permanent solution this gas tax is just another
tax and the first step should be that the County and cities petition Congress, our Governor, and our
legislators to work toward a sensible solution for timber harvesting to get money back for the roads
and schools. He said until then this interlocal agreement as written is just like signing a blank check.
Larson said he agrees with Hafferman's concept about contacting Congress and the State
government, but there is a sense of urgency with this resolution in order to get money now for the
roads. He said he is in favor of passing this resolution now and then start working right away on the
other option.
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September 4, 2007
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Olson noted that it is hard to approve something with no core and we need to know what it is going
to do for us first.
Kluesner said he feels this is a good way to go but as the document sits it needs to be fine-tuned a
little more. He said he would, however, vote for a resolution of intent.
Gabriel commented she is in support of following through with this, but suggested the wording be
adjusted to authorize the City Manager to negotiate on Council's behalf and bring the agreement
back for final approval.
Gabriel moved to amend the title and Section I of the resolution by replacing the word
"execute" with `negotiate". The motion was seconded.
Larson questioned the use of the word "negotiate".
Harball felt the word is fair and appropriate.
The amendment carried upon vote with Gabriel, Kenyon, Kluesner, Olson, Saverud, and
Mayor Kennedy voting in favor, Larson voting against, Hafferman abstaining, and Atkinson
absent.
The main motion, as amended, carried upon roll call vote with Gabriel, Kenyon, Kluesner,
Larson, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against, and
Atkinson absent.
Hafferman moved that we draft a letter to the County expressing that the signatories to this
document also write to the Governor, our congressional delegation in Washington, and our
legislators in Helena urging them to start implementing a sensible solution to management of
our forests so that we can some day return to using the timber harvest as a means of funding
our road systems. The motion was seconded.
Kenyon stated he is opposed to this Council taking on "pet political projects of individual Council
members" so he will be voting against this.
Gabriel commented she is concerned about the wording because it does allude to a political view that
may not be appropriate.
Larson said he feels the motion is too vague.
Saverud remarked he feels this is an important issue and the wording is very significant. He said to
approve a motion without thinking about it for a while is like signing a blank check.
The motion failed upon vote with Hafferman and Kluesner voting in favor, Gabriel, Kenyon,
Larson, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson absent.
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Mayor Kennedy asked that the issue be placed on the agenda for discussion at the next available joint
Cities/County meeting.
EIS. RESOLUTION 5235 FRANCHISE AGREEMENT BRESNAN
COMMUNICATIONS
This franchise agreement with Bresnan Communications will allow the City to continue to provide
television coverage of City Council meetings.
Larson moved Resolution 5235, a resolution to authorize the City Manager to execute the
franchise agreement with Bresnan Communications as proposed. The motion was seconded.
Patrick gave a staff report and answered questions.
Hafferman noted that the staff memo states that Bresnan is not willing to increase the initial fees
since they fear that they may lose some customers initially. He said if we're getting 4.4% of the
gross, he doesn't believe that Bresnan isn't going to eventually pass that onto the customers in the
form of a rate increase. Hafferman said he normally opposes most increases in rates, but he feels it's
extremely important that the public has access to the workings of government and this agreement
will help to keep the public informed.
In response to whether we can sell advertising, Patrick answered that we are not allowed to sell
advertising, however, we will be allowed to look for sponsors in the same way the PBS stations do.
The motion carried unanimously upon roll call vote with Atkinson absent.
EI6. CONTRACT RATIFICATION — AFSCME UNION
The Council is being asked to ratify the 2006-2009 Collective Bargaining .Agreement between the
City and the AFSCME Union, Local 256.
Larson moved Council ratify the 2006-2009 AFSCME agreement as presented. The motion
was seconded.
Patrick gave a staff report.
Hafferman stated it is important to maintain an experienced and responsible work force and many of
these employees are being paid below the prevailing rates. He said this agreement is really necessary
if the City is going to maintain the services that we owe the public.
The motion carried unanimously upon vote with Atkinson absent.
Mayor Kennedy congratulated everyone for the hard work that has gone into this contract.
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E17. ORDINANCE 1623 — SALARY ORDINANCE --1ST READING
Ordinance 1623 is a global salary compensation ordinance that would allow future compensation
schedules to be adopted by resolution.
Saverud moved first reading of Ordinance 1623, an ordinance amending Ordinance No.1552,
authorizing the fixing of the limits of the salary and compensation of the City officials,
supervisors, and employees by resolution pursuant to Title 7, Chapter 4, Part 42, M.C.A., and
repealing all other ordinances in conflict therewith and declaring an effective date. The motion
was seconded.
Patrick gave a staff report explaining that this global ordinance will authorize the use of resolutions
for salary changes in the future in order to simplify the procedure.
Hafferman said he believes a second reading of an ordinance is particularly necessary when the
salaries of non -union personnel are involved because it gives the public an opportunity to respond.
He said he is against changing this just for expediancy.
The motion carried upon roll call vote with Gabriel, Kenyon, Larson, Olson, Saverud, and
Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Atkinson absent.
E18. RESOLUTION 5236 — SALARY SCHEDULE
Resolution 5236 sets the compensation of City officials, supervisors, and employees.
Kenyon moved Resolution 5236, a resolution fixing the limits of the salary and compensation
of the City officials, supervisors, and employees pursuant to Title 7, Chapter 4, Part 42,
M.C.A., commencing on the dates indicated herein. The motion was seconded.
Patrick gave a staff report and answered questions.
Hafferman commented that these salary ranges are based on what a consultant determined by "cherry
picking" government agencies. He said these ranges increase the disparity that exists between the
highest and lowest paid employees and a straight 3% increase increases that disparity.
Kluesner said he feels the City's wages are really good and he doesn't see the need for increasing the
ranges another 3%.
Olson said he thinks everyone feels the same way but when you miss a step it is harder to catch up.
He stated this system will make it easier to retain good employees, adding we are running a big
company and we have to pay our help.
Mayor Kennedy concurred with Olson remarking that this will keep our wages fair and equitable.
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Larson and Kenyon agreed with Mayor Kennedy and Olson. Larson said we are still behind the
private sector in certain areas and we have to keep up with the wage study.
The motion carried upon roll call vote with Gabriel, Kenyon, Larson, Olson, Saverud, and
Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Atkinson absent.
EI9. RESOLUTION 5237 -- PLANNING DEPARTMENT FEE SCHEDULE
This is a request to increase planning fees to address administrative costs associated with
development activity.
Kenyon moved Resolution 5237, a resolution to set the City of Kalispell Planning; office fee
schedules to become effective October 1, 2007 by using option B. The motion was seconded.
Jentz gave a staff report and answered questions, explaining with Option B certain fees would be
increased 15%.
Olson commented he feels the City should be getting as close to 100% coverage of the work as it can
and that is why he is supporting the 15 %.
The motion carried unanimously upon roll call vote with Atkinson absent,
EI10. RESOLUTION 5238 — WATER BONDS
These bonds are for the Upper Storage zone Water Reservoir Project in the amount of $1,500,000 at
a fixed rate of 3.75% for 20 years.
Gabriel moved Resolution 5238, a resolution relating to $1,500,000 Water System Revenue
Bond (DNRC Drinking Water State Revolving Loan Program), Series 2007B; authorizing the
issuance and fixing the terms and conditions thereof. The motion was seconded.
Robertson gave a staff report and answered questions.
Hafferman said he has no objection to borrowing money for this project at 3.75 % when our own
invested funds are earning 5.35%, but only on a short term basis. He said we need to work towards
reducing our debt service and he thinks taking 20 years to pay this back is too long.
Hafferman moved that the repayment period be five years. The motion was seconded.
Harball cautioned that the DNRC program has certain restrictions on prepayments and he is not
confident that the motion would be effective under this contract. The change would have to be
discussed with DNRC.
There was further discussion.
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The motion famed upon vote with Hafferman voting in favor, Gabriel, Kenyon, Kluesner,
Larson, Olson, Saverud, and Mayor Kennedy voting against, and Atkinson absent.
The main motion carried upon roll call vote with Gabriel, Kenyon, Larson, Olson, Saverud
and Mayor Kennedy voting in favor, Hafferman and Kluesner voting against, and Atkinson
absent.
F. MAYO COUNCIL CITY MANAGER'S REPORTS No Action
Larson complimented the Parks Department on the downtown flower planters. He asked that a work
session be scheduled to discuss the possibility of requiring developers to take care of landscaping in
boulevards for a certain amount of time.
Olson applauded the Evergreen volunteer fire department for getting involved and purchasing its
own ambulance.
Kluesner asked for updated building permit statistics.
Patrick announced the Trees to Paper to Trees drive is September 15 from 9 to 3 at the north end of
the fairgrounds.
G. ADJOURN
The meeting was adjourned at 9:07 p.m.
ATTEST:
4
Theresa white
City Clerk
Approved September 17, 2007
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