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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. :1 OWN m4kwus.. IL.. Z.. M.Nal Novi 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. Kalispell City Council Minutes 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. Kalispell City Council Minutes February 16, 2010 Page 3 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.. Kalispell City Council Minutes February 16, 2010 Page 4 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 Kalispell City Council Minutes February 16, 2010 Page 5