08/18/08 City Council MinutesA REGULAR 11EETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, AUGUST 18, 20089 IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER,
DUANE LABS ON, HANK OLS ON, AND WAYNE SAVE RUD WERE PRESENT. COUNCIL
MEMBER KARI GABRIEL WAS PRESENT BY TELEPHONE.
Also present: Acting City Manager Jaynes Ilansz, City Attorney Charles IIarball, City Clerk Theresa
White, Chief of Police Roger Nasset, Acting Fire Chief Dan Diehl, Finance Director Amy
Robertson, Parks and Recreation Director Mike Baker, Public Works Budget Resource Manager
Terri Loudermilk, Planning Director Tom Jentz, Municipal Judge Heidi Ulbricht, Economic and
Community Development Director Nellie Danielson, and Recording Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Atkinson moved approval of the Agenda. The motion was seconded.
Hafferman moved to move two items to the end of the agenda by changing item F15 (Resolution
5297 - General Fund Annual Appropriations) to agenda item FI15, and item FIE (Resolution
5245 - All Other Funds Annual Appropriations) to agenda item F/15. The motion Was
seconded.
There was no discussion.
The amendment carried upon voice vote With Atkinson, Gabriel, Hafferman, Kenyon,
Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, and Olson voting against.
The plain motion, as amended, carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting — August 4 2008
2. Ordinance 1643 -- Initial Zoning — Torn Tonkinson — 2nd Readin
Tom Tonkinson has requested a zoning designation of R-4, Two -Family Residential, on an
existing lot located at 610 South Meridian Road. ordinance 1643 passed unanimously on
first reading August 4.
3. Ordinance 1644 — Zoninja Text Amendment — Revisions to Planned Unit Development
Districts — 2nd Reading
The Kalispell Planning Board has recommended several amendments to the Kalispell zoning
Ordinance, Section 27.21, concerning PUD districts. Ordinance 1644 passed unanimously on
first reading August 4.
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Page 1
4. Police officer Confirmation
Tyler Reed has completed his one year probationary period with the Kalispell Police
Department and Council confirmation was requested.
There was no discussion.
The Consent Agenda carried unanimously upon roll call vote.
C. STUDENT ISSUES
None.
A PUBLIC COMMENT
John Hinchey, 728 1 st Avenue East, thanked the Parks Department for their great programs.
Dan Johns, 216 North Riding Road, acknowledged Orville Fredenberg, a retired Kalispell police
officer who recently passed away. He also stated that parks identify a community and he thanked
Mike Baker and his crew for all of their hard work on the KidSports fields.
Erica wirtala, Sands Surveying, asked for approval of the west View Estates preliminary plat
extension and said she would be available for questions.
Sharon DeMeester, 415 Chestnut Drive, spoke against the Parks Maintenance District as a
commercial property owner.
Roy Stanley, 1000 west Idaho, spoke against the process for creating the Parks Maintenance District.
He stated this is taxation without representation and encouraged the Council to consider putting the
measure on the ballot.
Mike Nicholson, I I I Argyle Drive, president of AFSCME Local, stated the members are upset over
the budget. He said City employees are scared and he encouraged the Council to look at different
ways to fix the budget problem rather than layoffs.
Steve Tartaglino, 245 Foys'Canyon Road, said he is involved with the hockey association and asked
the Council to really look at what is being asked with the Parks Maintenance District. He said he
would hate to see the parks and recreation department underfunded and have to cut programs.
Charles Lapp, 3230 Columbia Falls Stage Road, noted that those in the private sector are also
worried about lay offs and it is a tough time for everyone. He asked that the Council find some way
to make the budget work without raising taxes.
Matt Brake, 729 6th Avenue west, remarked he would support the Parks Maintenance District with
conditions, but he is concerned with the assessment. He said there is no correlation to parks use, and
the City is currently at the legislative maximum; he questioned the Parks Maintenance District
section in the Montana Codes.
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Jessica Brooks, 2018 South Meadows Drive, stated she supports parrs programs and the Parks
Maintenance District.
E. PUBLIC HEARING —.ANNEXATION -- WHOLLY SURROUNDED PROPERTIES
Mayor Kennedy opened the public hearing.
Proponents
None.
Opponents
None.
Mayor Kennedy closed the public hearing.
F. REPORTS/RECOMMENDATIONS AND 5UBSEOUENT COUNCIL ACTION
FIL RESOLUTION 5293 — ANNEXATION - WHOLLY SURROUNDED PROPERTIES
Resolution 5293 annexes several properties and small portions of properties which have historically
been shown as being in City, but were determined to be outside the City following a GIS review.
Saverud moved Resolution 5293, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein, as an annexation, certain tracts of land, more
particularly described in Exhibit "A", and declaring an effective date. The motion was
seconded.
Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote.
F12. RESOLUTION 5294 — PRELIMINARY PLAT EXTENSION — WEST VIEW
ESTATES PHASE 3
Sands Surveying, on behalf of Owl Corporation, has requested a one --year extension for phase 3 of
the preliminary plat of West View Estates located at the northwest corner of the intersection of West
Reserve Drive and Stillwater Road.
Kenyon moved Resolution 5294, a resolution approving a one year extension to the
preliminary plat of West View Estates Phase 3, located at the northwest corner of West
Reserve Drive and Stillwater Road. The motion was seconded.
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Jentz gave a staff report and answered questions.
There was no further discussion.
The motion carried unanimously upon roll call vote.
F13. RESOLUTION 5295 -- CREATING PARKS MAINTENANCE DISTRICT NO. 1
This resolution creates a parrs maintenance district to provide the necessary funding to support the
services of the City Parrs Department.
Larson moved to table Resolution 5295 until November 17. The motion was seconded.
The notion carried upon roll call vote with Gabriel, Kenyon, Kluesner, Larson, Olson,
Saverud, and. Mayor Kennedy voting in favor, and Atkinson and Hafferman voting against.
Larson moved Resolution 5307 and read the resolution into the record since it was not part of
the published agenda:
"Resolution 5307 - A resolution to hold an election on the question as to whether
the City Council should seek, pursuant to §7-12-4001 MCA, to create a city-wide
Parks Maintenance District No. 1 in the City of Kalispell, Montana.
WHEREAS, pursuant to §7-12-4001 MCA, the City of Kalispell is authorized
to establish a Parks Maintenance District for the purposes of, but not limited to,
mowing, irrigation, turf repair and maintenance, recreation facility and
equipment maintenance, tree trimming, tree replacement, tree removal, garbage
removal, general cleaning, and leaf debris removal; and
WHEREAS, the general fund of the City is insufficient to provide the necessary
funding to support the current level of services of the City Parks Department
which protects, maintains, preserves and cares for all of the city owned rights -
of -way, public parks and open space land so as to enhance Kalispell's beauty
and environment for the greater benefit of the community; and
WHEREAS, the City Council wishes to submit the question of whether or not
to pursue the establishment of a Parks Maintenance District to the electors of
the City at the next general election,
Now, therefore, be it resolved by the City Council of the City of Kalispell, as
follows:
SECTION 1. That the City Council hereby directs the City Clerk and city staff
to take the necessary steps to communicate this resolution to the Flathead
County Elections Department and submit to the electors of the City, at the next
general election, the question as to whether the City Council should seek, on the
same assessment terms as Resolution 5295, pursuant to §7-12-4001 MCA, to
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create a City -Wide Parks Maintenance District No. 1 in the City of Kalispell,
Montana."
The motion was seconded.
Harball gave a staff report and answered questions, explaining that the City met all the legal
requirements to create the parks maintenance district and the protests received were substantially less
than what was required to stop its creation. He added, however, that the responses made it clear that
citizens felt they had a right to vote on the issue.
Atkinson remarked that the City has a chore ahead to balance this year's budget and the parks
maintenance district was going to be the tool used; without it there will probably be employee
reductions. He said cities have to find alternate ways to fund the government and everyone needs to
put pressure on the legislators to enact a local option tax.
Hafferman said he received a copy of the minutes concerning House Bill 586 on creating a parks
maintenance district and after reading the comments he feels it was the bill's intent to make the
creation of a parks district subject to the vote of the people; without a vote he doesn't feel we are
following the law. He questioned the purpose of the parks maintenance district, stating it reads the
same as the urban forestry district the City already has in place and he feels this resolution should
have nothing to do with "trees".
Hafferman moved the language in the first whereas be modified to read, "whereas, pursuant
to §7-12-4001 MCA, the City of Kalispell is authorized to establish a Parks Maintenance
District for the purposes of, mowing, irrigation, turf repair and
maintenance, recreation facilitand equipment maintenance,
iesy ,
garbage removal, general cleaning, and" ;
The motion was seconded.
Harball explained the language was word for word from the State statute.
The amendment failed upon voice vote with Hafferman voting in favor, and Atkinson, Gabriel,
Kenyon, Kluesner, Larson, Olson, Saverud, and Mayor Kennedy voting against.
Olson remarked the money from the district was going to balance the budget, and without the district
every department will be affected, not just the parks department. He asked that in the future
something as serious as Resolution 5295 not be tabled right way in order to allow for Council
discussion.
Kluesner moved to add a fourth Whereas: "Whereas, it is the intention of the City of Kalispell
to use the funds for the purposes of mowing, irrigation, turf repair and maintenance,
recreation facilities and equipment maintenance, garbage removal, general cleaning, and leaf
debris removal." The motion was seconded.
There was no discussion.
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The amendment failed upon voice vote with Hafferman and Kluesner voting in favor, and
Atkinson, Gabriel, Kenyon, Larson, Olson, Saverud, and Mayor Kennedy voting against.
There was discussion as to the funding formula.
Hafferman commented he has no faith in what the people are being told so he will vote against this
resolution.
Atkinson questioned whether Resolution 5307 should be referring to Resolution 5295 in connection
with the assessment terms since Resolution 5295 has been tabled.
Harball suggested the Council could substitute Resolution 5286, the resolution of intent, instead of
Resolution 5295.
Atkinson moved to change the words "Resolution 5295" to "Resolution 5286". The motion was
seconded.
There was additional discussion concerning the assessments and whether those should be changed.
Harball responded there is not enough time to explore other assessment options and still get the issue
on the November ballot.
The amendment carried upon voice vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson,
Olson, Saverud, and Mayor Kennedy voting in favor, and Hafferman voting against.
The main motion, as amended, carried upon roll call vote with Atkinson, Gabriel, Kenyon,
Kluesner, Larson, Saverud, and Mayor Kennedy voting in favor, and Hafferman and Olson
voting against.
F/4. RESOLUTION 5296 —BUDGET RESOLUTION —PARKS MAINTENANCE
DISTRICT (NOT ACTED ON
F/5, RESOLUTION 5297 —BUDGET RESOLUTION —ANNUAL APPROPRIATIONS —
GENERAL FUND (Moved to Item F/15)
FI6. RESOLUTION 5295 — BUDGET RESOLUTION -- ANNUAL APPROPRIATIONS ALL OTHER FUNDS (Moved to Item FI16)
F17. RESOLUTION 5299 — BUDGET RESOLUTION — ANNUAL TAX LEVIES
This resolution sets the annual tax levies for the City of Kalispell for the fiscal year 2008-2009.
Saverud moved Resolution 5299, a resolution making the annual tax levies for the City of
Kalispell, Montana, for the fiscal year 2008-2009. The motion was seconded.
Robertson gave a staff report and answered questions.
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There was no discussion.
The motion carried unanimously upon roll call vote.
FIS. RESOLUTION 5300 — BUDGET RESOLUTION - SPECIAL LIGHTING DISTRICT
This resolution levies an assessment for the cost of lighting the streets in the City of Kalispell's
Special Lighting District for the fiscal year 2008-2009.
Atkinson moved Resolution 5300, a resolution levying an assessment for the cost of lighting the
streets and alleys in the City Special Lighting District for the fiscal year 2008•2009. The motion
was seconded,
Robertson gave a staff report noting there was no change in the assessment.
There was no discussion.
The motion carried unanimously upon roll call vote.
F19. RESOLUTION 5301— BUDGET RESOLUTION — SOLID WASTE
This resolution levies the cost of removal of garbage from streets and alleys for the fiscal year 2005-
2009.
Larson moved Resolution 5301, a resolution to levy the cost of removal of garbage or other
offensive matter from streets, alleys or on any premises as a special tax against property from
which such matter was deposited, and the disposition thereof. The motion was seconded.
Robertson gave a staff report explaining this resolution contains an increase of $6.00 per year, or 50
cents per month, to help cover fuel and recycling costs.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Gabriel, Hafferman, Kenyon, Larson,
Olson, Saverud, and Mayor Kennedy voting in favor, and Kluesner voting against.
F/10. RESOLUTION 5302 — BUDGET RESOLUTION — URBAN FORESTRY
This resolution levies an assessment for the cost of urban forestry maintenance for the fiscal year
2008-2009.
Larson moved Resolution 5302, a resolution levying an assessment for the cost of urban
forestry maintenance in the City for the fiscal year 2005-2009. The motion was seconded.
Robertson gave a staff report noting there was no change in the assessment.
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There was no discussion.
The motion carried unanimously upon roll call vote.
Fill. RESOLUTION 5303 — BUDGET RESOLUTION - SPECIAL STREET
MAINTENANCE
This resolution levies the cost of maintaining the streets and avenues for the fiscal year 2008-2009.
Atkinson moved Resolution 5303, a resolution levying an assessment for the cost of special
maintenance for the purpose of maintaining the streets and avenues of the City of Kalispell for
the fiscal year 2008-2009. The motion was seconded.
Robertson gave a staff report explaining this resolution contains a 10% increase in the pavement
replacement program.
Hafferman remarked he is opposed to increasing the rate 10% at this time. He said we need to live
within the budget even if it means deferring projects.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson,
Saverud, and Mayor Kennedy voting in favor, and Hafferman and Kluesner voting against.
FI12. RESOLUTION 5304 — BUDGET RESOLUTION — STORM SEWER
MAINTENANCE
This resolution levies assessments for the cost of storm sewer maintenance for the fiscal year 2008-
2009.
Atkinson moved Resolution 5304, a resolution levying assessments for the cost of storm sewer
maintenance for the fiscal year 200E-2009. The motion was seconded.
Robertson gave a staff report noting this assessment includes an 11.5% increase, the same increase
the City has approved the last five years based on the facility plan.
Hafferman reiterated he is against any increases right now. Kluesner agreed.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Larson, Saverud, and
Mayor Kennedy voting in favor, and Hafferman, Kluesner and Olson voting against.
FI13. RESOLUTION 5305 — BUDGET RESOLUTION -- PARKING COMMISSION
This resolution approves the annual appropriations for the Parking Commission for the fiscal year
2008-2009.
Larson moved Resolution 5305, a resolution setting the annual appropriation for the Parking
Commission of the City of Kalispell, Montana, as set forth in the 2005-2009 budget adopted by
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Page 8
the City Council. The motion was seconded.
Robertson gave a staff report explaining the parking commission is self sufficient.
There was no discussion.
The motion carried unanimously upon roll tail vote.
F114. RESOLUTION 5306 -- BUDGET RESOLUTION -- BUSINESS IMPROVEIMIENT
DISTRICT
This resolution sets the annual appropriation for the BID for the fiscal year 2008-2009.
Saverud moved Resolution 5306, a resolution making the annual tax levies for the City of
Kalispell, Montana, for the fiscal year 200E-2009. The motion was seconded.
(Gabriel telephone call terminated)
Robertson gave a staff report explaining this does not include any new assessments.
Harball answered questions concerning the pending lawsuit against the BID.
The motion carried unanimously upon roll call vote with Gabriel absent.
F115. RESOLUTION 5297 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS
GENERAL FUND
This resolution sets the annual appropriations for the General Fund for the City of Kalispell as set
forth in the 2008-2009 budget.
Atkinson moved Resolution 5297, a resolution setting the annual appropriations for the City of
Kalispell, Montana, as set forth in the 200E-2009 budget adopted by the City Council. The
motion was seconded,.
Robertson suggested tabling this resolution since the Council voted to put the issue of the parks
maintenance district on the ballot.
There was discussion; Robertson and Harball answered questions.
Atkinson moved to table Resolution 5297 until September 2. The motion was seconded.
The motion carried unanimously upon roll call vote with Gabriel absent.
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F116. RESOLUTION 5295 — BUDGET RESOLUTION — ANNUAL APPROPRIATIONS —
ALL OTHER FUNDS
This resolution sets the annual appropriations for all other funds for the City of Kalispell as set forth
in the 2008-2009 budget.
Atkinson moved Resolution 5295, a resolution setting the annual appropriations for the City of
Kalispell, Montana, for special revenue funds, debt service funds, capital project funds and
proprietary enterprise funds as set forth in the 2005-2009 budget adopted by the City Council.
The motion was seconded.
Hafferman moved to table Resolution 5295 until September 2. The motion was seconded.
The motion carried upon roll call vote with Hafferman, Kluesner, Larson, Olson, Saverud, and
Mayor Kennedy voting in favor, Atkinson and Kenyon voting against, and Gabriel absent.
G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action
Olson remarked that the renewed tennis and basketball court on Liberty Street is fabulous and
congratulated the parks department.
Hans2 announced there are still openings on the skateboard committee and letters of interest are
required by August 28.
Mayor Kennedy noted that Monday, September 1 is a holiday and Council will meet on Tuesday,
September 2.
H. ADJOURN
The meeting was adjourned at 9:38 p.m.
ATTEST:
Theresa White
City Clerk
Approved September 2, 2008
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