1. Council Minutes - Regular Meeting - February 16, 2010Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa
White, Police Chief Roger basset, Fire Chief Dan Diehl, Parks Director Mike Barer, Housing
Manager Katharine Thompson, Revolving Loan Fund Manager wade Elder, Planning Director Torn
Jentz, and Deputy City Clerk Judi Funk.
Mayor Fisher called the meeting to order and led the Pledge of Allegiance.
%, AGENDA APPROVAL
Kenyon moved approval of the .Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
AGENDAB. CONSENT APPROVAL
1. Council Minutes Regular Meeting.,Februm 1 2010
2. Proclamation — Boy Scouts of America 1 oath Annivers
Atkinson moved approval of the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon. vote.
PUBLIC COMMENT
Ray Harris, 1105 4th Avenue West, remarked he was recently charged with possession of marijuana
because he was having problems getting his medical card and he is hoping the city will drop the
charges.
Todd Snarr, 493 2nd Avenue EN, read a statement concerning the airport.
Rebecca Sturdevant, 135 R.imrock Court, asked the council to consider enacting an ordinance similar
to one proposed in Missoula that would fine suspected drunken drivers for refusing a breathalyzer or
blood -alcohol test.
Kalispell City Council Minutes
February 16, 2010
Page I
The Department of Homeland Security has awarded the Kalispell Fire Department a grant in the
amount of $1,348,039 for the renovation of Fire Station 61.
Diehl gave a staff report and answered questions.
Public Comment
None.
averud moved. Resolution 5415, a resolution amending the annual appropriations of the City
of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the city council for the
purpose of acceptance of a Department of Homeland Security Grant. The motion was
seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
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The Department of Homeland Security has awarded the Kalispell Police Department an operation
Stonegarden Grant in the amount of $97,548 to pay for operation overtime for border control in
conjunction with the whitefish Police Department, the Montana Highway Patrol, and the US Border
Patrol.
Nasset gave a staff report and answered questions.
Public Comment
None.
Atkinson moved Resolution 5416, a resolution amending the annual appropriations of the City
of Kalispell, Montana, as set forth in the 2009-2010 budget adopted by the city council for the
purpose of acceptance of a Department of Homeland. Security operation Stonegarden Grant.
The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote.
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February 16, 2010
Page 2
The Montana Department of Transportation is offering to purchase a portion of the city -owned park
in Greenbrier Subdivision as part of its land acquisition for the Kalispell bypass project.
Howington gave a staff report and Jentz and Baker answered questions.
Hafferrnan noted the reap the council received shows a section too small to equal the amount of
acreage the state wants.
Jentz apologized that a second reap wasn't included and explained that MDT wants to purchase two
pieces of property in Greenbrier; the park corner and the entrance way.
There was discussion regarding whether the city is required to notify affected landowners and
Harball noted that the Montana Department of Transportation has had meetings and discussions with
the residents.
Hafferman said he will move to table this issue to the next meeting until all of the information can be
provided to the council and the public.
Public Comment
Done.
Hafferrnan moved to table Agenda item D/3 until March 1. The notion was seconded..
The notion to table carried upon roll call vote with Gabriel, Hafferrr an, Kluesner, Larson,
averud, Zauner, and Mayor Fisher voting in favor, and Atkinson and Kenyon voting against.
IIA. EMERGENCY ORDINANCE 1673 MEDICAL MARIJUANA CAREGIVER.
This ordinance institutes an immediate temporary prohibition against medical marijuana caregiver
facilities and refers the land use issue to the city planning board for its review and recommendation.
Harball gave a staff report and answered questions.
There was discussion regarding the grandfathering of facilities already conducting business, and
those persons who have signed a lease but have yet to open their establishment.
Public Comment
Josh Fox, 333 College Avenue #20, stated he has opened the "Golden Leaf ' across from Woodland
Park to give his patients a safe place to medicate.
Jay Everett, 35 Ridgewood Drive, noted he is also a caregiver and remarked patients have to present
a card and be of age before they can purchase medical marijuana.
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February 16, 2010
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Michael Lee, Columbia Falls, stated there are over 200 caregivers in the city currently growing and
distributing marijuana legally. He said he is both a caregiver and a patient and he lives next to an
elementary school.
Raymond Harris, 1105 4th Avenue west, commented he does not want to be persecuted for his
choice of medicine.
Betsy Carpenter, 1741 Highway 209, remarked she is a registered nurse and also a caregiver and
suggested the council find out what the law is and enforce it to remove the gray areas.
Rebecca Sturdevant, 135 Rim -rock Court, said she is a nurse practitioner and stated medical
marijuana is political, not medicinal, and she does not want improved marijuana access in Kalispell.
Lorraine Clam, 710 2nd Avenue Bast, noted a 90-day moratorium would be difficult for her because
she is in the looping at opening a "high class" dispensary on Main Street, adding people should not
have to hide because of their medical choices.
Sara welder, 309 willow Glen, Montessori School administrator, said she is disturbed that the
Montessori School had to accomplish several steps before they were allowed to open, yet the
marijuana dispensaries have no regulations to follow.
Derek Dalton, Kila, encouraged the council to review the medical laws carefully and questioned why
pharmacies aren't the dispensaries.
Larson moved Ordinance 1673, an ordinance prohibiting any property in the City of Kalispell
to be used by a caregiver, as defined by MCA 50-46-102, to grow, manufacture, produce or
distribute marijuana for a period of ninety days, finding such temporary prohibition to be
necessary immediately to preserve the peace, health and safety of the city and its residents,
referring natter to the City of Kalispell planning board and declaring an effective date. The
motion was seconded..
Council Discussion
Hafferman remarked he is opposed to any action in which a business that is legal one day could be
declared illegal the next. He said he understands the neighbors' concerns about dispensaries near
schools and parks, but marijuana can be found anywhere in town right now. Hafferman stated he
wants grandfathering included in the ordinance for any business that is currently operating.
Larson remarked that Hafferman mentioned marijuana is already available in Kalispell, however, he
doesn't feel we have to make it easier to obtain in the city. He said he feels the 90 days is necessary
to fully understand and explore the law and he doesn't buy the argument that we need to open these
kinds of new businesses in the city to create revenue.
Hafferman moved to amend the ordinance to read as follows: "An ordinance prohibiting any
property in the City of Kalispell, if planned to initiate after the date of enactment of this
ordinance, to be used by .a caregiver, as defined. by MCA 50-46-102, etc." The motion was
seconded..
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February 16, 2010
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Hafferman said the amendment would allow establishments already operating to continue to do so
legally. He said he believes future zoning restrictions should address the source of the marijuana and
the 90 days will give time to clarify the caregiver/patient relationship.
Harba l said the amendment isn't necessary because the city cannot enforce a land use ordinance that
will affect businesses already in operation.
Hafferman reiterated he still wants specific language in the ordinance.
Kenyon said he feels Hafferman has made some valid points. The legislature's intent, although hazy,
is very clear and he will support the amendment.
Mayor Fisher agreed with Harball that with or without the amendment, the ordinance is not
enforceable against businesses already operating and she will not support the amendment. She added,
however, that she is not sure how these businesses can be regulated because this is probably the
worst written legislation she has ever read, but she does feel it's a good idea to send the issue to the
planning board.
Hafferman stated he is also concerned that this is an emergency ordinance. He said this legislation
was drafted over a year ago; "are we just now waning up?"
The amendment failed upon roll call vote with. Hafferman and Kenyon voting in favor, and
Atkinson, Gabriel, Kluesner, Larson, Saverud, zauner, and Mayor Fisher voting against.
Gabriel cautioned everyone to proceed carefully and take the 90 days to look at this fully.
Kluesner agreed with Gabriel and stated we need to understand what is happening in our community.
Saverud also urged approval of the ordinance, stating this issue is having a significant impact on the
community.
The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson,
Saverud, zauner, and Mayor Fisher voting in favor, and Hafferman voting against.
E, MA.YOR/COUNCIL/CITY MANAGER/REPORT No Action
.Atkinson said he was quiet during the last discussion because he is totally amazed that society has
come to this point and this is a prime example of a lesson that we are becoming more bound by laws
that are bothersome.
The meeting was adj ourned at 9:1 o p.m.
Theresa white
City Clem
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February 16, 2010
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