09/06/11 City Council MinutesMEMBER DUANE LARSON WAS ABSENT.
Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Chief of Police Roger Nasset, Acting Fire Chief Dave Dedman, Finance Director Amy
Robertson, Public Works Director Bill Shaw, Planning Director Tom Jentz, Senior Planner Sean
Conrad, 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.
There was no discussion.
The motion carried unanimously upon vote with Larson absent.
Council Minutes — Regular Meeting — August 15, 2011
2. Award Bid — Solid Waste Automated Side Loader
Three bids were received from Montana Peterbilt (2) and Solid Waste Systems for a Solid
Waste Automated Side Loader. Staff recommended the bid be awarded to Solid Waste
Systems of Spokane, WA in the amount of $229,134.
3. Proclamation —10`h Anniversary of September 11, 2001
Gabriel moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Larson absent.
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Dave Polansky, Program Manager for Eagle Transit, spoke about the bus program, its benefit to
residents, and answered questions from council.
Fred Hammel, 505 7th Avenue West, complained that he bought a garage and installed it on his
property, but the zoning department said it is illegal because it is in the setback. He said the new
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September 6, 2011
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zoning law is stupid and makes about 80% of the homes in "old" Kalispell out of compliance. He
also requested that the alley by his house be one way north to south.
Diane Etter, 301 Aspen Loop, commented she is concerned about the funding of the 911 center after
reading the newspaper article about the recent joint meeting. She said one of the County
Commissioners told her "you are barking up the wrong tree, the cities don't want to pay for the 911
center". She said it defies logic that elected officials cannot agree on a formula to pay for it.
1 ORDINANCE 171 1 SOLID SECOND
READING
This ordinance amends existing city legislation to comply with a recent amendment to state law
removing the five-year moratorium for city solid waste services to newly annexed areas. Ordinance
1701 passed on a 7-1 vote on first reading August 15.
Harball answered questions.
Public Comment
None.
Kenyon moved second reading of Ordinance 1701, an ordinance amending the City of
Kalispell Municipal Code regarding the collection of garbage within the city codified at
Chapter 11 to reflect the change in state law recently enacted by the 2011 Legislature as Senate
Bill 234 and assigned Chapter No. 301, declaring an effective date and authorizing the city
attorney to codify the same. The motion was seconded.
Council Discussion
Hafferman stated he will vote against this for the second time because it is taking away the choices
of citizens and disrupting businesses.
Kluesner moved to amend Section B to read as follows: "Exception for Outside Collectors:
This section shall not prohibit collectors of garbage from outside of the City from collecting
and hauling such garbage over City streets... " The motion was seconded.
The amendment carried unanimously upon roll call vote with Larson absent.
There was no further discussion.
The main motion, as amended, carried upon roll call vote with Atkinson, Gabriel, Kenyon,
Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and
Larson absent.
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September 6, 2011
Page 2
1 1 1. PHASE
This is a request for a one-year extension of the preliminary plat of Northland Phase 4 located south
of Four Mile Drive and north of Northland Subdivision Phases 1-3.
Conrad gave a report.
Public Comment
None.
Saverud moved Resolution 5526, a resolution approving a one year extension to the
preliminary plat of Northland Subdivision Phase 4, located south of Four Mile Drive and north
of Northland Subdivision Phases 1-3. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon roll call vote with Larson absent.
D/3. RESOLUTION 5527 — RESOLUTION OF NECESSITY — WEST SIDE URBAN
RENEWAL DISTRICT
This resolution directs the Kalispell Planning Board to review the possibility of expanding the
boundaries and extending the life of the West Side TIF district which sunsets in 2012.
Harball and Conrad gave reports and staff answered questions.
Public Comment
Fred Hammel, 505 7th Avenue West, commented that 90% of vacant homes in Kalispell were
foreclosed on and he blames the Montana Board of Housing for giving loans without a down
payment.
Kim Morisaki, Business Development Manager for Montana West Economic Development and
Flathead County Economic Development, remarked the board is in support of expanding the TIF and
is looking at partnerships to help relocate the two businesses still using the BNSF rail line which
should be removed from the downtown core area.
Dale Haarr, 80 Buffalo Hill Drive, responding to a proposal to use TIF money to help renovate the
fairgrounds, commented that when he served on the council in 1996 when the TIF was created the
fairgrounds were left as open space intentionally. He said council is now reaching for opportunities
that don't exist because it isn't driven by the private sector.
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September 6, 2011
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Doug Rauthe, 413 6th Avenue East, former Mayor, noted the 1996 TIF worked because it generated
activity and a lot of blight was removed. He stated it is time the railroad tracks left town and
encouraged council to leave the funds in place and go to the next step.
Joe Carbonari, 95 Ridgewood, Lakeside, also encouraged council to expand the TIF.
Tom Lund, Urban Renewal Agency member, stated government creates the opportunity for jobs and
the TIF is a tool to transition to a higher use. He asked council to support the resolution and look at a
strategic approach.
Saverud moved Resolution 5527, a resolution finding that an area of blight exists contiguous to
the boundaries of the West Side Urban Renewal District (Exhibit "A") and that rehabilitation,
redevelopment or a combination thereof, within such area is necessary in the interest of the
public health, safety, morals or welfare of the residents of the City of Kalispell. The motion
was seconded.
Council Discussion
Hafferman commented there is no project in the wings, but there is an effort to breathe life into a
completed TIF district in order to keep 2 million dollars in a "slush fund". He stated we should
sunset the completed district now.
Kluesner questioned the lack of a plan for a new project and whether removing the tracks is even
doable. He said he would like to see the current TIF die.
Mayor Fisher commented that this is not a plan, this is a proposal. She said the URA does not spend
taxpayer dollars on a whim and it would be a disservice not to investigate every opportunity. She
stated council is simply voting to investigate the options.
Saverud, Kenyon, Atkinson, and Gabriel agreed with Mayor Fisher to let the investigation go
forward.
Harball and Howington answered questions.
Atkinson moved to amend Section I to read as follows: "The City Council specifically finds,
based upon the evidence presented in Staff Report -11-1, and as required by 7-15-4202,
MCA, that there exists within this area..." The motion was seconded.
The amendment carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner,
Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman abstaining, and Larson
absent.
There was no further discussion.
The main motion, as amended, carried upon roll call vote with Atkinson, Gabriel, Kenyon,
Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman and Kluesner voting against,
and Larson absent.
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September 6, 2011
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Howington thanked staff for taking care of things while she was on vacation and reminded council
there will be a joint work session with the planning board on September 12 to discuss waivers of
annexation and annexation agreements.
Mayor Fisher thanked Officer Stan Ottosen for noticing an open door at her office and waiting there
until her staff could secure it.
The meeting was adjourned at 9:40 p.m.
Theresa White
City Clerk
Approved October 3, 2011
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September 6, 2011
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