1. Council Minutes - Regular Meeting - May 17, 2010Also present: City Manager Jane Ilowington, 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.
1. Council Minutes — Re ular Meeting,,,—,,Mgy 3,2010
2. Ordinance 1675 — Establishing Regplations of Tourism Business Improvement District — 2nd
Read,
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 & Curbina 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 A regiment — Cit 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.
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May 17, 2010
Page 1
Robin Ruiz, 192 Four Mile Drive, asked questions regarding the KG Fz 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 love level flights over
the city and ignoring FAA. flight rules.
Comments Concerning Freedom Douse
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 rest, asked that more information on Freedom 1-louse be
provided to the neighborhood because there is a large number of men corning and going and she is
concerned with the safety of the children.
Allison Bishop, 1115 'third Avenue Nest, 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.
TOURISM BUSINESS IMPROVEMENT DISTRICT' iORK
PUBLIC HEARING
PLAN AND BUDGET
Mayor Fisher opened the public hearing.
Proganents
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.
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May 17, 2010
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Mayor Fisher closed the public hearing.
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PLAN BUDGET AND ASSESSMENT
ENT
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.
None.
averud 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 notion carried unanimously upon roll call vote.
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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.
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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.
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Kenyon moved to remove Resolution 5424 from the table ("A resolution authorizing the
distribution. of $1,5001,000 From the City of Kalispell westsid.e 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 TEF District.
Public Comment
.Fred Hammel, SOS 7th Avenue west, questioned what type of jobs would be produced if the
westside TIP 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
Hafferrnan remarked he objects to TIF districts because they are a drain on the city, the county, and
the schools. I ie 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.
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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 tunes 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 notion was
seconded by Kenyon.
The motion carried upon roil call vote with Atkinson, Gabriel, Kenyon, Kluesner, and Mayor
Fisher voting in favor, and Hafferman, Larson, Saverud, and Zauner voting against.
The Department of Homeland Security has established the NIMS protocol for intergovernmental
incident management. Flathead County has adopted NIN4S 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 notion carried unanimously upon roll call vote.
Staff requested that this loan be rearnortized in order to reduce its annual debt service.
Elder gave a staff report and answered questions.
Public Comment
None.
Kenyon moved council reamortize the ITS Department of Agriculture Dural Development loan..
The motion was seconded..
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May 17, 2010
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There was no discussion.
The motion carried unanimously upon vote.
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
di strict.
Thompson gave a staff report and answered questions.
Public Comment
None.
averud 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.
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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.
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(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 Xi
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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.
Two letters were received for one opening on the Impact Fee Committee from Roxanna Brothers and
Jaynes 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.
One letter was received for this board. John Hinchey has requested reappointment.
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Mayor Fisher recommended the council reappoint John Hinchey to the Parking Commission.
Atk nson moved the council accept the Mayor's recommendation and reappoint John Hinchey
to the Parking Commission. The notion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
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
Manning Board. The motion was seconded.
Tcre was no discussion.
The motion carried unanimously upon vote.
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.
R60cca 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 Conu-mission.
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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 MANAGE PORTS No Action
Howington informed council that the Parking Conu-nission 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.
Mayor Fisher remarked that the Peace Officer Memorial was a lovely event and commended Chief
Nasset for its organization.
. a s � et thanked Doc Harkins for his long-time service on the Police Commission.
The meeting was adjourned at 9:25 p.m.
Theresa white
City Clerk
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May 17, 2010
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