10/05/09 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, OCTOBER 5, 2009, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, RANDY KENYON,
TIM KLUESNER, HANK OLSON, AND WAYNE SAVERUD WERE PRESENT. COUNCIL
MEMBER DUANE LARSON WAS ABSENT.
Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Roger Nasset, Acting Fire Chief Dan Diehl, Public Works Director Jim Hansz,
Finance Director Amy Robertson, Planning Director Tom Jentz, Planner I1 PJ Sorensen, Community
Development Manager Katharine Thompson, Revolving Loan Fund Manager Wade Elder, 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 further discussion.
The motion carried unanimously upon vote with Larson absent.
B. CONSENT AGENDA APPROVAL
Council Minutes — Regular Meeting — September 21, 2009
2. Council Minutes — Special Meeting — September 28, 2009
3. Ordinance 1669 — Certificate of Occupancy — 2nd Reading
This ordinance requires a certificate of occupancy for new residential construction, and
makes the occupancy of a new residential unit without the certificate a civil infraction.
Ordinance 1669 passed unanimously on first reading September 21.
4. Grant Acceptance — COPS Technology Award (Moved to main Agenda as Item E/4)
5. Grant Acceptance — Neighborhood Stabilization Program
Notification has also been received that a pass —through grant has been awarded from the
Montana Department of Commerce to implement a community land trust program with
Community Action Partnership.
Atkinson moved approval of the Consent Agenda. The motion was seconded.
Kluesner moved to amend the Consent Agenda by removing the COPS Technology Award
from the Consent Agenda and placing it on the regular Agenda as item E/4. The motion was
seconded.
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There was no discussion.
The motion carried unanimously upon vote with Larson absent.
The main motion, as amended, carried unanimously upon roll call vote with Larson absent.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Marty McClary, Housing Director for Community Action Partnership, spoke in favor of the
community land trust grant and stated they were grateful to enter into partnership with the city.
Doug Rauthe, 413 6th Ave East, Executive Director for Community Action Partnership, also spoke
in favor of the grant and distributed recent foreclosure data for Flathead County.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/1. RESOLUTION 5396 — DEVELOPMENT AGREEMENT — FEDEX
This agreement authorizes the use of Old School Station tax increment funds to pay the SID
assessments for the FedEx development.
Atkinson moved Resolution 5396, a resolution approving the use of tax increment financing
funds from the Old School Station Technology Tax Increment Financing District pursuant to
the terms of a specific contract for private development between the City of Kalispell and DCP
Kalispell, LLC. The motion was seconded.
Harball gave a staff report and answered questions, noting that Glacier Bank requested an
amendment to add two clauses to the development agreement.
Hafferman noted he would like to see the termination date spelled out and he does not want this
agreement to be used to extend the life of the TIF district.
Hafferman moved a new Section 9.14 be added stating; "The term of this agreement shall be
for the term life of the TIF or in the event council sunsets the TIF, it shall remain obligated to
make those payments out of other sources". The motion was seconded.
Kluesner commented this amendment "unties" our hands and gives us the ability to sunset the TIF
early.
Atkinson and Saverud spoke against the amendment.
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Mayor Kennedy remarked she does not see this amendment as necessary, but does not see it as
harmful, either.
The motion failed upon roll call vote with Hafferman, Kluesner, Olson, and Mayor Kennedy
voting in favor, Atkinson, Gabriel, Kenyon, and Saverud voting against, and Larson absent.
Olson moved to add the following clauses to the Developer's Agreement:
at Article VII: "Right of Holder to Cure Defaults. City agrees to give notice to the Holder of
any Mortgage of any event of default by Developer under this Agreement, specifying the
nature of such default, and thereupon the Holder shall have the right, but not the obligation, to
cure such default, and City shall not exercise its remedies by reason of such default until it has
afforded the Holder thirty (30) days after Holder's receipt of such notice to cure such default
and a reasonable period of time in addition thereto (i) if the circumstances are such that said
default cannot reasonably be cured within said thirty (30) day period and Holder has
commenced and is diligently pursuing such cure, or (ii) during and after any litigation action
including a foreclosure, bankruptcy, possessory action or a combination thereof."
to Section 8.2: "City agrees not to suspend its obligations under the Agreement or terminate or
rescind the Agreement as a result of the Holder of a Mortgage initiating or continuing
foreclosure proceedings, upon the Holder taking possession of the Development Property or
following a sale of the Development Property by the Holder or as a result of any foreclosure
proceedings so long as the Holder and/or subsequent purchaser agrees to assume all of the
obligations of the Developer under the Agreement." The motion was seconded.
There was no discussion.
The amendment carried unanimously upon vote with Larson absent.
The main motion, as amended, carried upon roll call vote with Atkinson, Gabriel, Kenyon,
Kluesner, Olson, Saverud, and Mayor Kennedy voting in favor, Hafferman voting against, and
Larson absent.
E/2. RESOLUTION 5397 — RESOLUTION OF INTENT TO AMEND THE BUDGET &
CALL FOR PUBLIC HEARING — BYPASS UTILITY RELOCATION
Resolution 5397 schedules a public hearing for October 19 on an amendment to the water and sewer
budgets to relocate utilities in connection with the first phase of the bypass project.
Saverud moved Resolution 5397, a resolution of intent calling for a public hearing to amend
the annual appropriations of the City of Kalispell, Montana, as set forth in the 2009-2010
budget adopted by the city council. The motion was seconded.
Howington gave a staff report and Hansz answered questions.
There was no discussion.
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The motion carried unanimously upon roll call vote with Larson absent.
E/3. ORDINANCE 1670 —INITIAL ZONING— WHOLLY SURROUNDED AREAS —1ST
READING
On July 6 council annexed nine pieces of property which have historically been shown as being in
the city, but were determined to be outside following a GIS review. Because the effective date of the
annexations is October 21, staff is now recommending the properties be zoned.
Atkinson moved first reading of Ordinance 1670, an ordinance to amend Section 27.02.010,
official zoning map, City of Kalispell zoning ordinance, (Ordinance No. 1460), by zoning
certain tracts of land more particularly described on Exhibit "A" in accordance with the
Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded.
Sorensen gave a staff report and answered questions.
There was no discussion.
The motion carried unanimously upon roll call vote with Larson absent.
E/4. GRANT ACCEPTANCE — COPS TECHNOLOGY AWARD (Moved From Consent
Agenda)
Notification was received last week that Kalispell has been awarded $750,000 in grant monies for the
development of a firearms training facility.
Atkinson moved to accept the COPS Technology Award in the amount of $750,000. The
motion was seconded.
Nasset gave a staff report and answered questions.
Kluesner commented he is concerned with the city's responsibilities once the facility is built.
There was no further discussion.
The motion carried unanimously upon vote with Larson absent.
F. MAYOR/COUNCIL/CITY MANAGER/DEPARTMENT SUPERVISOR'S REPORTS
(No Action)
Kluesner asked staff for a written report on bus stop signage and if the various signs meet our
ordinance.
Howington noted City Hall will be open but there will not be a work session on Columbus Day.
Howington complimented staff on their ability to obtain grants.
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Kluesner asked council members to bring information back from the League of Cities and Towns
convention.
G. ADJOURN
The meeting was adjourned at 8:20 p.m.
Theresa White
City Clerk
Approved October 19, 2009
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