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05/17/10 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MAY 17, 2010, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, WAYNE SAVERUD AND JEFF ZAUNER WERE PRESENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Fire Chief Dan Diehl, Finance Director Amy Robertson, Parks Director Mike Baker, Community Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Gabriel moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — May 3, 2010 2. Ordinance 1675 — Establishing; Regulations of Tourism Business Improvement District — 2nd Reading This ordinance establishes the rules and regulations for the TBID and creates the board of trustees. Ordinance 1675 carried unanimously on first reading. 3. Award Bid — Sidewalk & Curbing Construction Four bids were received for the 2010 Sidewalk and Curbing project from TM Contracting, Sandon Construction, Winkler Concrete, and Knife River. Staff recommended the bid be awarded to Sandon Construction. 4. Interlocal Agreement — City and MDT — MS4 Stormwater Permit This interlocal agreement must be renewed each time the MS4 permit is renewed. The agreement is through calendar year 2014. Gabriel moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes May 17, 2010 Page 1 C. PUBLIC COMMENT Robin Ruiz, 192 Four Mile Drive, asked questions regarding the KGEZ towers and encouraged council to reconsider the medical marijuana zoning ordinance. Hubert Turner, 1053 Stillwater Road, stated he was before the Planning Board on May 11 and felt some of the members' conduct was "out of control". He asked council members to watch a tape of the meeting and to take whatever action council feels is reasonable. Scott Davis, 448 Fifth Avenue West, commented that Red Eagle is still doing low level flights over the city and ignoring FAA flight rules. Comments Concerning Freedom House Jerri Guiffrida, 1506 Greendale Court, read a letter expressing concerns about Freedom House, a recovery group home, which is operating illegally in her neighborhood. Jeannie McFarland, 1135 Third Avenue West, asked that more information on Freedom House be provided to the neighborhood because there is a large number of men coming and going and she is concerned with the safety of the children. Allison Bishop, 1115 Third Avenue West, remarked that the owners of Freedom House seem to think they are not accountable to any rules and asked that they be forced to apply for a conditional use permit. Phillip Guiffrida,1506 Greendale Court, commented that Freedom House does not have any parking, there are lots of kids in the area, and this is not the place for a facility like this. D. PUBLIC HEARING — TOURISM BUSINESS IMPROVEMENT DISTRICT WORK PLAN AND BUDGET Mayor Fisher opened the public hearing. Proponents Sherry Nelson, 120 Sherry Lane, remarked the TBID budget and marketing plan have been very well thought out and this will increase the economy of the valley. Joe Unterreiner, Chamber of Commerce, detailed the TBID's mission statement and noted the hoteliers been involved with this for several months. He encouraged council's endorsement of the plan. Opponents None. Kalispell City Council Minutes May 17, 2010 Page 2 Mayor Fisher closed the public hearing. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 5429 —TOURISM BUSINESS IMPROVEMENT DISTRICT WORK PLAN BUDGET AND ASSESSMENT The TBID Board of Directors forwarded the proposed work plan, budget, and assessment method for council consideration and approval. Harball gave a staff report and Unterreiner answered questions. Public Comment None. Saverud moved Resolution 5429, a resolution approving the work plan and budget for the fiscal year 2010-2011 for the Kalispell Tourism Business Improvement District as recommended by its Board of Directors. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. E/2. APPOINTMENT — TOURISM BUSINESS IMPROVEMENT DISTRICT CHAIRMAN OF THE BOARD The appointed TBID board elected Chris Walters as Chairman and council ratification was requested. Public Comment None. Atkinson moved council approve the appointment of Chris Walters as Chairman of the Tourism Business Improvement District Board of Directors. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/3. RESOLUTION 5424 — WESTSIDE TIF DISTRIBUTION (TABLED APRIL 19) This resolution allows for the distribution of some of the funds from the Westside Tax Increment Financing District. Resolution 5424 was tabled at the April 19 meeting. Kalispell City Council Minutes May 17, 2010 Page 3 Kenyon moved to remove Resolution 5424 from the table ("A resolution authorizing the distribution of $1,500,000 from the City of Kalispell Westside Tax Increment Financing District fund to the affected taxing bodies pursuant to MCA 7-15-4291."). The motion was seconded. The motion carried unanimously upon vote. Fisher and Howington summarized the discussion at a May 13 public meeting concerning the Westside TIF District. Public Comment Fred Hammel, 505 7th Avenue West, questioned what type of jobs would be produced if the Westside TIF District is maintained. Darlene Schottle, Kalispell Superintendent of Schools, explained the school district has not expressed an opinion on the issue because it is not the school board's right to tell the council how to manage the district. She added, however, that if the money is distributed the school district would be good stewards of the funds. Denise Smith, Flathead Business and Industry Association, thanked the council for meeting with the business community and suggested that the city keep the funds in place and consider changing the boundaries and the focus of the TIF. She said there are viable projects out there. Richard Kuhl, 867 North Main, stated this money has been coming into the city since 1997 and now is the time to distribute some of it. He said the partial redistribution could help the schools which are short of money, and still leave funds for future plans. Pauline Sjordahl, 234 3rd Avenue West, noted the Westside TIF district has been dormant for a long time and redistribution is the right direction to take. Sherry Stevens, Gateway Community Center Board of Directors, asked the council to wait because they are continuing to work on their project which will create 19 new jobs. Marc Rold, 704 6th Avenue West, noted that private sector jobs and economic development was the reason the money was set aside; it is not there to plug a financial hole. He urged the council not to redistribute the funds. Council Discussion Hafferman remarked he objects to TIF districts because they are a drain on the city, the county, and the schools. He said he wants to give taxpayers some of their money back. Larson agreed with Hafferman, stating there is no project in sight and we are not depleting the fund completely. He said we need to step forward and be equal partners. Kalispell City Council Minutes May 17, 2010 Page 4 Saverud noted he doesn't feel the TIF districts have been misused, He said TIFs are a very appropriate tool for redevelopment and the city has been a good steward of those resources. Saverud stated he is in support of the redistribution because the economic times call for it. Gabriel countered there would not be any harm in waiting three to six months to see if any projects come forward. Atkinson moved to table Resolution 5424 for three months to August 16. The motion was seconded by Kenyon. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, and Mayor Fisher voting in favor, and Hafferman, Larson, Saverud, and Zauner voting against. E/4. RESOLUTION 5430 — NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) The Department of Homeland Security has established the NIMS protocol for intergovernmental incident management. Flathead County has adopted NIMS and staff requested the council adopt the same protocol. Diehl gave a staff report and answered questions. Public Comment None. Atkinson moved Resolution 5430, a resolution to adopt a pre -disaster mitigation plan pursuant to the National Incident Management System (NIMS) and in conjunction with Flathead County. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. E/5. REAMORTIZATION OF USDA LOAN Staff requested that this loan be reamortized in order to reduce its annual debt service. Elder gave a staff report and answered questions. Public Comment None. Kenyon moved council reamortize the US Department of Agriculture Rural Development loan. The motion was seconded. Kalispell City Council Minutes May 17, 2010 Page 5 There was no discussion. The motion carried unanimously upon vote. E/6. RESOLUTION 5431 — KALISPELL MAIN STREET HISTORIC DISTRICT BOUNDARY ADJUSTMENT The City owns four properties within the area proposed to be added to the historic district. This resolution gives the approval and authority to support the inclusion of these properties within the district. Thompson gave a staff report and answered questions. Public Comment None. Saverud moved Resolution 5431, a resolution to authorize the Mayor to provide documented support for the inclusion of certain city owned properties within the National Register of Historic Places pursuant to the National Historic Preservation Act. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. E/7. APPOINTMENT — BOARD OF ADJUSTMENT (TABLED MAY 3) One letter was received for the Board of Adjustment. Bob Vine is requesting reappointment. Atkinson moved to remove all of the board appointments from the table. The motion was seconded. The motion carried unanimously upon vote. Mayor Fisher recommended the council reappoint Bob Vine to the Board of Adjustment. Larson moved the council accept the Mayor's recommendation and reappoint Bob Vine to the Board of Adjustment. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Kalispell City Council Minutes May 17, 2010 Page 6 E/8. APPOINTMENT —DOWNTOWN BUSINESS IMPROVEMENT DISTRICT BOARD (TABLED MAY 3) One letter was received for the Downtown BID. Bill Goodman has requested reappointment. Mayor Fisher recommended the council reappoint Bill Goodman to the Downtown Business Improvement District Board. Larson moved the council accept the Mayor's recommendation and reappoint Bill Goodman to the Downtown Business Improvement District Board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. (TABLED MAY 3) 1 One letter was received for the Conrad Mansion Board from Vanessa Ceravolo. Mayor Fisher recommended the council appoint Vanessa Ceravolo to the Conrad Mansion Board. Larson moved the council accept the Mayor's recommendation and appoint Vanessa Ceravolo to the Conrad Mansion Board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/10. APPOINTMENT — IMPACT FEE COMMITTEE (TABLED MAY 3) Two letters were received for one opening on the Impact Fee Committee from Roxanna Brothers and James Cossitt. Mayor Fisher noted she does not have a recommendation for this committee. She said she would like the appointment tabled in order to recruit an at -large accountant to complete the committee. Zauner moved to table the Impact Fee Committee appointment until July 19. The motion was seconded. The motion carried unanimously upon vote. E/11. APPOINTMENT - PARKING COMMISSION (TABLED MAY 3) One letter was received for this board. John Hinchey has requested reappointment. Kalispell City Council Minutes May 17, 2010 Page 7 Mayor Fisher recommended the council reappoint John Hinchey to the Parking Commission. Atkinson moved the council accept the Mayor's recommendation and reappoint John Hinchey to the Parking Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/12. APPOINTMENT - PLANNING BOARD (TABLED MAY 3) Six letters of interest were received for four openings on the Planning Board. Current members Richard Griffin, John Hinchey, Troy Mendius, and Bryan Schutt have applied along with Jason Mueller and Stephen Johnston. Mayor Fisher recommended the council reappoint Richard Griffin, John Hinchey, Troy Mendius and Bryan Schutt and appoint Stephen Johnston to the Planning Board. Kenyon moved the council accept the Mayor's recommendation and reappoint Richard Griffin, John Hinchey, Troy Mendius and Bryan Schutt and appoint Stephen Johnston to the Planning Board. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/13. APPOINTMENT - POLICE COMMISSION (TABLED MAY 3) Current board member Doc Harkins has submitted a letter of interest for one opening on the Police Commission along with Bob Burch, Gary Grant, Stephen Johnston and Dick Stotts. Mayor Fisher recommended the council appoint Gary Grant to the Police Commission. Saverud moved the council accept the Mayor's recommendation and appoint Gary Grant to the Police Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. E/14. APPOINTMENT - STREET TREE COMMISSION (TABLED MAY 3) Rebecca Bodnar and Dudley Marberger have submitted letters of interest for the Street Tree Commission. Mayor Fisher recommended the council appoint Rebecca Bodnar to the Street Tree Commission. Kalispell City Council Minutes May 17, 2010 Page 8 Gabriel moved the council accept the Mayor's recommendation and appoint Rebecca Bodnar to the Street Tree Commission. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Howington informed council that the Parking Commission is requesting that they be allowed to use parking -in -lieu funds in the amount of $15,800 to replace a broken ticket machine in the Eagles Lot. Council discussed the appropriateness of the request and asked that more information be provided on the use of those funds. Howington asked for direction on scheduling a Westside TIF work session. Larson commented that the city needs to pressure Freedom House to apply for a conditional use permit and the Police Department needs to determine who their clients are. * * X k Mayor Fisher remarked that the Peace Officer Memorial was a lovely event and commended Chief Nasset for its organization. Nasset thanked Doc Harkins for his long-time service on the Police Commission. G. ADJOURN The meeting was adjourned at 9:25 p.m. Theresa White City Clerk Approved June 7, 2010 Kalispell City Council Minutes May 17, 2010 Page 9