05/03/10 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
F.M., MONDAY, MAY 39 2010, IN THE COUNCIL CHAMBERS AT CITY MALL IN
KALISPELL, MONTANA, MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS
JIM ATKINSON, KARI GA►BRIEL, BOB HAFFERMAN, RANDY KENYON, TIM
KLUESNER, DUANE LARSON, AND WAYNE SA.VERUD WERE PRESENT, COUNCIL
MEMBER. JEFF zAUNER WAS ABSENT.
Also present: City Manager Jane Howington, Adjutant City Attorney Richard I icke , Deputy City
Clerk Judi Funk, Police Chief Roger Nasset, Fire Chief Dan Diehl, Public works Director Jinn
Hansz, Parks Director Mike Baker, Community Development Manager Katharine Thompson,
Revolving Loan Fund Manager wade Elder, and Planning Director Toni Jentz.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
A, AGENDA APPROVAL
Mayor Fisher moved to table items E110 to E117, the various board appointments, until May
17. The motion was seconded.
The motion carried unanimously upon vote with zauner absent.
Saverud moved to approve the Agenda as amended.. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with zauner absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes -- Regqlar Meetin —...April 19 2D 10
2. Postpone Award of Bid -- Sidewalk & Curbina Construction
Four bids were received for the 2010 Sidewalk and Curbing Project. A comprehensive
review of the bids is being conducted and staff is requesting the award be postponed to May
17.
3. Additional Award Funding -- Dutch Elm Disease
The Parks and Recreation Department has received notification of an additional grant award
in the amount of $11,500 to help address Dutch Elm disease.
4. Proclamation — National Day of Pra er — Ma 6 2010
.Atkinson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
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Page 1
The motion carried unanimously upon vote with Zauner absent.
C. PUBLIC COMMENT
Ruben Castren, Joey Thiel, Meryl Crabtree and Ben Stone, Destination Imagination team, informed
council that the project they selected to benefit the community was to help fund a scholarship fund
through the Parks Department to help kids get involved in healthy activities. They presented a $500
check to Parks Director Mike Baker.
A PUBLIC HEARING — TOURISM BUSINESS IMPROVEMENT DISTRICT
Council accepted comments concerning the creation of a Tourism Business Improvement District
within the City of Kalispell.
Howington gave a staff report.
Mayor Fisher opened the public hearing.
Proponents
Sherry Nelson, 125 Sherry Lane, stated she is the chair of the Tourism Committee and a TBID is a
very effective method for the tourism. economy. She noted the Chamber of Commerce fully supports
this idea.
Joe Unterreiner, Chamber of Commerce, echoed the Chamber's strong support for the TBID and
noted the hoteliers have worked very hard on this idea. He stated that tourism leads to investment
and this is an important effort.
Gilbert Bissell, 76 Stafford Street, Aero Inn, remarked we can't afford not to create the TBID now;
we can't let off on marketing when things are going well. He said tourism is the last industry we
have and we can't afford to let it slide.
Kristin Hamilton, 420 Hilltop Avenue, encouraged council to approve the TBID and allow the
hoteliers to work together to help the entire valley. She said it will allow the valley to compete with
other tourist destinations in the West.
Terry Kramer, Kramer Enterprises, 102 Cooperative way, representing the Flathead Building
Association, noted they support the TBID; it is a win -win for everyone and we should do everything
we can to capture tourist dollars.
Dave Harvey, Sportsmen & SkiHaus, expressed his support for the TBID and noted we are talking
real money here. He said we are competing with other major towns in Montana.
Jeff Lavertier, 2174 Mission way North, stated he has a hotel in whitefish and that Kalispell needs
to initiate this tax and it has worked successfully in Bozeman and Billings.
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Pam Carbonad, 120 Sunset Court, spore in favor of the TBID and stated that marketing for tourism
as an event venue is something we can all benefit from. She said the groups need to work together to
make Kalispell a "destination location".
Chris Walters, 2 110 Merganzer, representing the Milton Garden Inn, noted he was on the Billings
TBID board and they saw no negative impact; he said Kalispell has one of the lowest lodging taxes
in the region and nationally, and no additional fee will chase tourists away.
Pauline Sjordahl, 234 3rd Avenue west, stated we need coordination with events so that everything
is not scheduled on the same weekend with nothing later on and the TBID will take care of that
coordination.
Alicia Thompson, Glacier Park Inc., 774 Railroad Street, Columbia Falls, encouraged council to
support the TBID as it is the best funding mechanism to set hoteliers up for success.
(Letter from Montana West Economic Development received prior to public hearing is attached and
by this reference is made a part of the official record)
opponents
Winifred Stork, Blue & white Motel, stated she cannot support any more taxes, and they are hard on
those who are leasing; the flat tax mounts up. She said that throwing more money at tourism is not
the answer and that all of the organizations involved in tourism should get together.
Mayor Fisher closed the public hearing.
Mayor Fisher requested that items E12 through E14 be discussed next.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/2. RESOLUTION 5425 -- CREATING A. TOURISM BUSINESS IMPROVEMENT
DISTRICT
Resolution 5425 establishes a Tourism Business Improvement District for the hotels within the City
of Kalispell.
Howington answered questions.
Hafferman remarked that this is not a fee on our citizens, but rather a fee on those who come into
town and use services. He said the money has to come from someplace, and this will be beneficial to
the city.
Larson moved Resolution 5425, a resolution creating a tourism business improvement district
pursuant to the terms of Title 7 Chapter 12 Part 11 of Montana Code Annotated. The motion
was seconded.
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There was no discussion.
The motion carried unanimously upon roll call vote with Zauner absent.
E13. ORDINANCE 1675 -- ESTABLISHING REGULATIONS OF TOURISM BUSINESS
IMPROVEMENT DISTRICT --1ST READING
This ordinance establishes the rules and regulations for the TBID and creates the board of trustees.
IIowington gave a staff report.
Gabriel moved first reading of Ordinance 1675, an ordinance establishing the regulations of
the Kalispell Tourism Business Improvement District, authorizing the city attorney to codify
this ordinance and declaring an effective date. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Zauner absent.
If the TBID legislation passes, a seven -member board of trustees needs to be appointed.
Ilowington gave a staff report and Unterreiner answered questions.
Mayor Fisher recommended that council appoint Lori Fisher, Bryan Scott, Chris Walters, David
G inepra, Arlinna Wolfe, Gib Bissell and Janet Clark to the Tourism Business Improvement District
Board.
Larson moved council accept the Mayor's recommendation and appoint Lori Fisher, Bryan
Scott, Chris Walters, David Ginepra, Arlinna Wolfe, Orb Bissell and Janet Clary to the
Tourism Business Improvement District Board. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote with Zauner absent,
E11. ORDINANCE 1674 — ZONING TEXT AMENDMENT -- MEDICAL MARIJUANA
2ND READING
This ordinance limits the establishment of medical marijuana facilities in the city. ordinance 1674
passed on first reading with a 7-1 vote.
Hickel and Howington answered questions.
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Public Comment
Pauline Sjordahl, 234 3rd Avenue west, remarked that the state is concerned with the growth and
distribution of medical marijuana; she feels marijuana is a dangerous drug.
Josh Fox, 333 College Avenue #20, stated he is trying to run his business right and he is zoned for a
drug store; most of his patients are elderly. He acknowledged dispensaries must be zoned, but asked
that they not be run out of town.
Belinda Erickson, 161 Valley Acres, remarked that most people don't smoke medical marijuana,
they digest it and it is helping people, not hurting them.
Robin Ruiz, PCB Box 10362, Kalispell, read a letter he had written and stated this ordinance is not the
solution and does nothing to help Law Enforcement. He suggested asking caregivers to register and
putting the ordinance on hold.
Corey white, 663 Rock Drive, noted council is concerned about medical marijuana, but no one is
concerned about oxycontin or other prescription drugs. She said marijuana is a gift from Clod and it
helps people, and it doesn't hurt anybody, especially if they don't smoke it.
Daryl Fortier, 87 Hawthorne Avenue, said no one knows where all the caregivers are and we should
be imposing limits and zoning them. He said the city is losing money and they should be doing it
right.
Dane Clark, Po Fox 8695, Kalispell, stated the heart of the issue is the change to the zoning
ordinance and that it is not specific to medical marijuana. He said there is no argument that medical
marijuana is unsafe to the community.
Lorraine Clark, 710 2nd Avenue Bast, stated she is not a medical marijuana grower or caregiver, but
bad regulations are bad for the city. She questioned the grandfathering issue and commented the
wording in the ordinance was very vague and raises troubling issues, and asked why are we rushing
to judgment.
Atkinson moved second reading of Ordinance 1674, an ordinance amending Kalispell City
Ordinance No.1175 as codified under Chapter 27 of the Kalispell City Code to proscribe all
land uses that are in violation of federal, state or local law and declaring an effective date. The
motion was seconded.
Council Discussion
I iafferman remarked this is a serious matter and he is very concerned with what this ordinance will
do to our citizens; it does not follow the constitution and does not solve anything. He noted the state
legislature does not do anything about zoning in cities, and hopes the council will cogitate on what
they have heard tonight.
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Hafferrnan moved to reconsider the first reading of ordinance 1674. The motion was
seconded.
Hafferm.an suggested having a work session to determine regulations of the distribution and usage of
medical marijuana and hopefully get input from someone in the NW Drug Task Force; he wants to
know what Law Enforcement's concerns are and how we can help.
Larson noted we have had a workshop and have listened to input from both sides of the issue, and he
is not in favor of reconsidering the vote.
Gabriel agreed with Larson, stating we are not preventing anyone from getting their medication and
not impeding anyone's rights or abilities. She emphasized that everyone should vote on what is being
considered and not be swayed by emotion.
Kenyon remarked he does not disagree with the intent of the ordinance, just with the "blanket
method" of doing it; we do need comprehensive controls, but this is not the way to get them. He
stated he will support Hafferman's motion.
Mayor Fisher commented she sees this not as a preemption of state versus federal law, but as a
contract issue. She questioned how do we not prohibit the lawful use of medical marijuana without
breaching our contract with the federal government, and stated this ordinance will do that.
Atkinson reiterated that this ordinance does not keep patients from getting their marijuana, it restricts
growers and sellers from growing and selling in Kalispell. He said there is a very small minority of
people saying council is not enforcing the public trust, and in his experience, the public is not
looking for marijuana to be distributed throughout the city in a manner than is different than normal
prescription drug distribution.
Saverud noted he supports Hafferaman's need for regulation, but that is not the purpose of the
ordinance at this time. He said he cannot support the motion to reconsider.
Kluesner stated he did not agree with Hafferrnan on the reconsideration, and that the public does
want to see regulation put on medical marijuana. He noted the public good must be protected and
until the state takes care of it, the city must.
Gabriel clarified that this would not prevent a caregiver from delivering marijuana to a cardholder;
this grandfathers the three retail facilities, and makes caregivers "pharmacies that deliver".
The motion failed upon roil call vote with Hafferrnan and Kenyon voting In favor, Atkinson,
Gabriel, K.luesner, Larson, Saverud and Mayor Fisher voting against, and Zauner absent.
Larson remarked that we are not denying access to cardholders; they can go anywhere in the county
or have it delivered to there, and the cardholders are not being run out of town. He commented that
the state of Colorado did the same thing our legislature did — they did not establish any regulations
initially and they are now trying to fix their problems.
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The main motion carried upon roll call vote with Atkinson, Gabriel, Ilu.esner, Larson,
Saverud and Mayor Fisher voting in favor, Hafferman and Kenyon voting against, and zauner
absent.
E15. CONTRACT APPROVAL --- FIRE STATION 61 RENOVATION
The Kalispell Fire Department has received a Homeland Security grant for the renovation of Fire
Station 61. Council is being asked to approve a contract with Jackola Architects and Engineers as the
design firm for the first phase of the project.
Howington gave a staff report and Diehl answered questions.
Hafferman requested a copy of the Grant Assurances.
Public Comment
None.
.Atkinson moved acceptance of the selection of Jackola Architects and Engineers as the design
engineers for the Fire Station 61 renovation project and approve the contract, not to exceed
$106,850.00. The motion was seconded.
Council Discussion
There was no discussion.
The motion carried unanimously upon roll call vote with zaun.er absent.
E/6. RESOLUTION 5426 -- CONSTRUCTION AGREEMENT -- US HIGHWAY 2 WEST
The Montana Department of Transportation plans to improve US 2 west in conjunction with the
construction of the Kalispell Bypass project. The proposed improvement includes new sidewalks and
does not involve any financial participation by the city.
Hansz gave a staff report and answered questions.
Public Comment
None.
Gabriel moved resolution 5426, a resolution authorizing the Mayor of Kalispell or designee to
execute the construction agreement of Federal Aid Project No. MT 15(93), also known as KBP-
YUS-2 widening, with the State of Montana, acting by and through the Department of
Transportation. The motion was seconded.
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Council Discussion
There was no discussion.
The motion carried unanimously upon roll call vote with Zauner absent.
E/7. CHANGE ORDER — MONTANA DEPARTMENT OF TRANSPORTATION
A Change order in the existing Kalispell Bypass Utility Relocation contract is required to correct a
point of pipeline conflict not previously identified by MDoT.
Hansz gave a staff report and answered questions.
Public Comment
None.
Larson moved council authorize the City Manager to approve Change order #1 for Kalispell
Bypass Utility Relocation. The motion was seconded.
Council Discussion
There was no discussion.
The motion carried unanimously upon vote with zauner absent.
This resolution supports the continuing negotiations between the City of Kalispell, the DNRC, and
Kidsports for the purpose of perpetuating the existence of the youth sports complex.
Howington gave a staff report and answered questions.
]Public Comment
Pam Carbonari,120 Sunset Court, commended staff for working on this for the past 21/2 years and
said this is a win -win for everyone that the facility will be there in perpetuity. She concluded by
saying the tourism dollars benefit everyone, including downtown.
Bob Sandman, area manager for DNRC, expressed the DNRC's support for the resolution and stated
they are excited about the direction they are headed. He noted a permanent use must be approved by
the State Land Board.
Dan Johns, 216 North Riding Road, President of Kidsports, said this is the next step in the process to
provide some permanency and it is a nice project.
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May 3, 2010
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Saverud moved. resolution 5427, a resolution in support of the continuing cooperation and
partnership of the City of Kalispell [City] with Kidsports and the Montana State Department
of Natural resources and Conservation [DNRCI in the future treatment and uses of the 134
acres of property in Section 36 currently leased by the city from DNRC and utilized by
Kidsports. The motion was seconded.
Council Discussion
Mayor Fisher remarked this is a very worthwhile project.
The motion carried unanimously upon roll call vote with Zauner absent.
E19. RESOLUTION 5428 -- DESIGNATING THE CITY of KALISPELL AS A
RECOVERY ZONE
In order to qualify for funds through the American Recovery and Reinvestment .Act of 2009 the City
of Kalispell needs to be officially designated as a recovery zone.
Howington gave a staff report and answered questions.
Public Comment
None.
Kenyon moved Resolution 5428, a resolution designating the City of Kalispell, Flathead
County, Montana as a recovery zone for purposes of the American Recovery and reinvestment
Act of 2009. The notion was seconded.
Council Discussion
There was no discussion.
The motion carried unanimously upon roll call vote with Zauner absent.
E/10. APPOINTMENT —BOARD OF ADJUSTMENT (Tabled to May 17)
E/11, APPOINTMENT —DOWNTOWN BUSINESS IMPROVEMENT DISTRICT BOARD
(Tabled to May 17)
E/12. APPOINTMENT — CONRAD MANSION BOARD OF DIRECTORS (Tabled to May
17)
E/13. APPOINTMENT —IMPACT FEE COMMITTEE (Tabled to May 17)
E/14. APPOINTMENT -PARKING COMMISSION (Tabled to May 17)
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EI15. APPOINTMENT - PLANNING BOARD (Tabled to May 17)
EI16. APPOINTMENT - POLICE COMMISSION (Tabled to May 17)
E/17. APPOINTMENT - STREET TREE COMMISSION (Tabled to May 17)
F. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action)
Howington reported that thanks to a concerned citizen, it was discovered that one of the irrigation
system sensors at the park was malfunctioning; she thanked citizens for keeping an eye out for things
and calling in when they have concerns or questions.
Howington apologized to the Daily Interlake and Nancy Kimball for some of her comments during a
recent meeting; the article in question was accurately written.
Mayor Fisher asked council to address the various committees and their functions at a future work
session, so everyone can get a better idea of what they do.
Mayor Fisher announced that the Fresh Life Church is looking for community service projects and
asked for suggestions from. staff.
Mayor Fisher updated council on a meeting that Howington, Larson, Diehl and she had with the
West Valley Fire Department.
Kenyon complimented Hansz and the public works staff for their level of cooperation with an issue
one of his clients is having.
G. ADJOURN
The meeting was adjourned at 10:05 p.m.
Theresa White
City Clerk
Approved May 17, 2010
Kalispell City Council Minutes
May 3, 2010
Page 10
ontana
eStECONOMIC
DEVELOPMENT
May 3, 2010
The Honorable Kalispell Mayor Fisher
And Kalispell City Councilors
201 1st Avenue East
Kalispell, MT 59901
Dear Kalispell Councilors:
Montana west Economic Development Corporation supports the formation of the tourism
business improvement district for Kalispell. The funds collected will enhance an effort to
competitively market for meetings and conventions, bringing new dollars into the local
area.
The funds collected can be used for:
Market -based promotion
Destination marketing & tourism promotion activities
Promote special events and programs
Sales promotions for lodging facilities with the BID
Tourism is essential to the economy of Kalispell by contributing to the local economic
health and quality of life. Please support the TBID.
Sincerely,
Nellie Danielson, CEc❑
President
p:446.257.7711 2 f; 406.257.7772 0 314 Main Street m Kalispell, MT 59901 a DoBusinessInMontana.com