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1. Council Minutes - Regular Meeting - December 17, 2012A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, DECEMBER 17, 2012, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Municipal Court Judge Heidi Ulbricht, Police Chief Roger Nasset, Finance Director Rick Wills, Public Works Director Susie Turner, Parks Director Mike Baker, Planning Director Tom Jentz, Senior Planner Sean Conrad, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Gabriel moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. OATH OF OFFICE Municipal Judge Heidi Ulbricht administered the Oath of Office to incoming municipal judge Lori Adams. C. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — December 3, 2012 2. Contract Approval — Willows Subdivision This is a contract between the City of Kalispell and Morrison Maierle, Inc. for engineering services in conjunction with the Willows Stormwater Improvement Project. 3. Bid Award — 2012 Valve Maintenance Trailer Two bids for a valve maintenance trailer were received from Illinois Tool Works and Normont Equipment Co. Staff recommended the bid be awarded to Illinois Tool in the amount of $52,750.00. 4. Bid Award — Aerial Platform Lift Truck Two bids for a new lift truck were received from Altec and Versalift Northwest. Staff recommended the bid be awarded to Versalift in the amount of $93,612.00. Atkinson moved to approve the Consent Agenda. The motion was seconded. Kalispell City Council Minutes December 17, 2012 Page 1 There was no discussion. The motion carried unanimously upon vote. D. PUBLIC COMMENT Steve Dunfee, Buffalo Hills Golf Course, summarized the events of the past year at the golf course. Mayre Flowers, Citizens for a Better Flathead, expressed support for adoption of the Core Area Growth Policy amendment and the Kidsports permanent easement and informed council that Pacific Steel is now recycling electronic materials year round. E. PUBLIC HEARING — BUDGET AMENDMENT This public hearing is on a proposed amendment to the Storm Sewer Budget to allow for cost sharing of stormwater improvements in the Willows Subdivision. Mayor Fisher opened the public hearing. Proponents None. Opponents None. Mayor Fisher closed the public hearing. F. PUBLIC HEARING — GROWTH POLICY AMENDMENT This public hearing is on a proposed amendment to the Kalispell Growth Policy 2020 to incorporate the "Core Area Plan". Mayor Fisher opened the public hearing. Proponents None. Opponents None. Mayor Fisher closed the public hearing. Kalispell City Council Minutes December 17, 2012 Page 2 G. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION G/1. ORDINANCE 1718 — ZONE CHANGE REQUEST — 2ND READING Natasha Tanner has requested a zone change from R-3 (Residential) to R-4 (Residential) on three lots located in the Park View Terrace subdivision on the north side of Indian Trail Road. Ordinance 1718 passed on first reading December 3rd. Public Comment None. Saverud moved second reading of Ordinance 1718, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning certain real property more particularly described as Lots 1, 3 and 7 of Block 2 of the Park View Terrace subdivision, located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, (currently zoned City R-3 (Residential) to City R-4 (Residential)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Council Discussion None. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Hafferman, Kenyon, Saverud, Zauner, and Mayor Fisher voting in favor, and Kluesner abstaining. G/2. RESOLUTION 5600 — BUDGET AMENDMENT Resolution 5600 amends the Storm Sewer budget to allow for cost sharing of the Willows Subdivision Stormwater Improvements. The city's anticipated share is approximately $200,000 with 22% of the cost coming from impact fees and the balance from rates. Russell gave a report. Public Comment None. Kenyon moved Resolution 5600, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2012-2013 budget adopted by the city council. The motion was seconded. Council Discussion None. Kalispell City Council Minutes December 17, 2012 Page 3 The motion carried unanimously upon roll call vote. G/3. RESOLUTION 5601A — ADOPTING GROWTH POLICY AMENDMENT - or — RESOLUTION 5601B — REVISING GROWTH POLICY AMENDMENT - or — RESOLUTION 5601C — REJECTING GROWTH POLICY AMENDMENT This is a proposed amendment to Chapter 12 of the Kalispell Growth Policy 2020 to incorporate the "Core Area Plan". The "Core Area" is 365 acres located along the rail corridor within the city limits. Russell and Jentz gave reports and answered questions. Public Comment Kelly Danielson, 12 Wheatgrass Lane, remarked she was a member of the Core Area Steering Committee and it was a wonderful collaborative process. Diane Medler,15 Depot Park, Kalispell Convention and Visitors Bureau, offered her support for the Core Area Plan and applauded council for considering it, saying it will help to attract more visitors to Kalispell. Guiffrida moved Resolution 5601A, a resolution adopting an amendment to the Kalispell Growth Policy 2020, to be known as the Core Area Plan Amendment. The motion was seconded. Council Discussion Guiffrida remarked he fully supports this resolution and thanked everyone involved in the process. Hafferman commented he still does not know enough to vote in favor of this because the feasibility study has not been completed. Atkinson stated he is very much in favor of the resolution and also thanked everyone involved. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. G/4. RESOLUTION 5602 - KIDSPORTS PERMANENT EASEMENT PURCHASE This resolution authorizes the purchase of a permanent easement for Kidsports by using funds generated by the Airport/Athletic Complex TIF District. Russell gave a report and answered questions. Public Comment Dan Johns, 1667 Whitefish Stage Road, thanked council for their questions and research regarding Kalispell City Council Minutes December 17, 2012 Page 4 Kidsports and stated this is a huge opportunity to help define who we are and what we stand for. He concluded by encouraging council to support the resolution. Mike Rauthe, 432 Hilltop Avenue, representing Flathead Valley Little Guy Football, thanked council and staff for working with Kidsports and stated the complex is important for the community and is a healthy and safe environment for youth. Saverud moved Resolution 5602, a resolution authorizing the purchase of a permanent easement on State of Montana school trust lands for permanent youth athletic field relocation by using funds generated by the Airport/Athletic Complex Tax Increment District. The motion was seconded. Council Discussion Hafferman remarked the city should be funding the easement, but not by using the Airport TIF monies without a plan revision. He requested council direct the city manager to work with the school district and county to release TIF funds toward the permanent easement. Guiffrida commented he fully supports the resolution and believes the athletic field relocation was never fully completed, which means the Airport TIF is solely responsible for the funding. Saverud and Kluesner spoke in favor of the resolution. Gabriel remarked she is struggling with using the Airport TIF monies and would rather have supported a combination of TIF money and bonds. She said she feels this resolution is an inappropriate use of the Airport TIF funds. Zauner commented we are not gutting the TIF, we are just using some of the funds, and he supports the resolution. Mayor Fisher stated she is also not convinced this is the right mechanism to use and would like to have seen a hybrid option brought forward. The motion carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Kluesner, Saverud, and Zauner voting in favor and Gabriel, Hafferman, and Mayor Fisher voting against. G/5. CITY OF KALISPELL AND DNRC SUPPLEMENTAL LEASE AGREEMENT - KIDSPORTS This supplemental lease agreement maintains the City's leasehold rights on that portion of Kidsports intended to be developed commercially for the benefit of the potential buydown on the cost of the permanent easement. Russell gave a report and staff answered questions. Kalispell City Council Minutes December 17, 2012 Page 5 Public Comment None. Atkinson moved council authorize the city manager to enter into the Supplemental Lease Agreement with the State of Montana for the approximately 13 acres of School Trust Land in Section 36. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. G/6. ORDINANCE 1719 — HANDHELD DEVICES —1ST READING Ordinance 1719 regulates the use of handheld devices while operating a motor vehicle. Russell gave a report and staff answered questions. Public Comment Don Bothwell, 110 Cardiff Avenue, commented you can't legislate a sense of responsibility and noted the suggested fine is onerous. He stated he would rather have the KPD enforcing more substantial laws than a cell phone ban and asked council to reconsider the ordinance. Kenyon moved first reading of Ordinance 1719, an ordinance amending the City of Kalispell Municipal Code regarding the regulation of the use of handheld devices while operating a motor vehicle to be codified at Chapter 17, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion Muesner stated he is not against getting rid of distracted driving, but cell phone use is not the only distraction out there and we already have distracted driving laws on the books. Hafferman remarked we already have laws in place and a new law won't accomplish anything. He suggested education programs. Atkinson agreed you can't cure stupid and there are other distractions, but this allows the police to stop an individual using a cell phone and increases opportunities to mitigate problems. He said we need to remind people that stupidity is lethal at times. Guiffrida commented he will not be supporting the ordinance because we have reckless and careless driving laws on the books and education is the key to this. Kalispell City Council Minutes December 17, 2012 Page 6 Kenyon remarked if the state won't pass a cell phone ordinance the cities need to; this is a public safety issue. Saverud agreed that it is not just cell phones distracting drivers, but he supports the motion. Mayor Fisher stated she is concerned with the timeliness of the ordinance and said we need to look at the distracted driving issue as a whole. Gabriel suggested tabling the ordinance until further discussion is held at the state level. The motion failed upon roll call vote with Atkinson, Kenyon, and Saverud voting in favor and Gabriel, Guiffrida, Hafferman, Kluesner, Zauner, and Mayor Fisher voting against. H. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Russell informed council the next regular meeting will be held on January 7, 2013, and thanked council for their hard work during his first six months. Russell wished everyone a Merry Christmas. Mayor Fisher acknowledged the elementary school shooting in Connecticut and requested that future budgets devote resources for additional School Resource Officers to expand the program to the elementary schools. Mayor Fisher also wished everyone Happy Holidays. I. ADJOURN The meeting was adjourned at 9:13 p.m. Theresa White City Clerk Kalispell City Council Minutes December 17, 2012 Page 7