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1. Council Minutes - Regular Meeting - May 20, 2013A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MAY 209 20139 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, PHIL GUIFFRIDA, BOB HAFFER AN, RANDY KENYON, TIM KLUESNER, AND WAYNE SAVERUD WERE PRESENT, COUNCIL MEMBER JEFF ZAUNER WAS ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Planning Director Tom. Jentz, Planner II PJ Sorensen, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Zauner absent. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Re lar Meetin — Ma 6 2013 Kenyon moved to approve the Consent Agenda. The motion was seconded,. There was no discussion. The motion carried unanimously upon vote with Zauner absent. C. PUBLIC COMMENT None D. PUBLIC HEARING Mayor Fisher opened the public hearing to hear comments concerning proposed amendments to the city's floodplain ordinance. Proponents/Opponents None Mayor Fisher closed the public hearing. Kalispell City Council Minutes May 20, 2013 Page 1 E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/l, ORDINANCE 1724 — FLOODPLAIN ORDINANCE UPDATE —1ST READING Proposed amendments include several changes to the text of the existing Kalispell Floodplain Management ordinance consisting of updated definitions and additional references to mandatory aspects of the Code of Federal Regulations. Sorensen gave a report and answered questions. Public Comment None Saverud moved first reading of ordinance 1724, an ordinance amending Ordinance No.1611, codified as Chapter 10A Kalispell City Code, adopting revised Panel Numbers 1420 and 1510 in compliance with M.C.A. 76.5-101 through 76-5-406 and declaring an effective date. The motion was seconded. Council Discussion None The motion carried unanimously upon roll call vote with Zauner absent. E12. RESOLUTION 5620 -- RESOLUTION OF INTENT & CALL FOR PUBLIC HEARING - EXCLUSION MQUEST Sherry wells is requesting the city council exclude approximately 3,000 square feet of property from the corporate limits. Resolution 5620 schedules a public hearing on the exclusion request for June 17. Sorensen gave a report and answered questions. Public Comment None. Gabriel moved Resolution 5620, a resolution of intention to exclude certain territory from the City of Kalispell, under the provisions of Title 7, Part 48, M.C.A. (Exclusion of Land), comprising a tract of land more particularly described as Parcel B of Lot 14A of the Amended Subdivision Plat of a Portion of Lot 14, Block 2, Day's Acres, directing the city clerk to provide notice of this resolution as provided by law, and setting a public hearing. The motion was seconded. Kalispell City Council Minutes May 20, 2013 Page 2 Council Discussion None The motion carried unanimously upon roll call vote with zauner absent. E/3. ORDINANCE 1725 -- AMENDING PARK. RULES & REGULATIONS — 1ST READING This ordinance amends the regulations for permitting alcohol at special events on city -owned property. Russell gave a report and staff answered questions. Public Comment Joe Apple, 203 Garland Street, spoke against the ordinance and asked council to think about the impact on the community with alcohol related events. Pam Carbonari, Kalispell Business Improvement District and Kalispell Downtown Association, thanked council for addressing this issue and clarified the state limits non-profit corporations to 12 events per year. Kenyon moved first reading of Ordinance 1725, an ordinance amending the City of Kalispell Municipal Code regarding the sale, service, consumption or possession of an open container of any alcoholic beverage in or upon any building or other property owned or occupied by the city as codified at Kalispell Municipal Codes 3-15 and 19-20, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion There was discussion regarding alcohol at Laker's Field, the hockey rink, and in the commercial area. Gabriel stated she has no problems with the sale of alcohol at adult sporting events, but not at youth events. Kluesner moved the following amendments: Section B: ``B. Persons wishing to use... the enclosed hockey rink camp area at Woodland Park..." Section D5: "5. The applicant agrees to pay such fees and damage deposit as the City Council has established by resolution..." Section E: "...for public events that recur in the same location in the commercial district over a period of time..." The motion was seconded. Kalispell City Council Minutes May 20, 2013 Page 3 Gabriel offered two friendly amendments to strike the word "camp" in Section B and "in the same location" before "in the commercial district" in Section E. The maker of the motion and second concurred. There was further discussion. The amendments carried unanimously upon roll call vote with Zauner absent. Gabriel moved Section B be amended to add " and its grounds " after Central School Museum, The motion was seconded, There was no discussion. The amendment carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, and Mayor Fisher voting in favor, Hafferman voting against, and Zauner absent. Saverud moved to amend Section B by excluding the Kalispell City Airport, Depot Park, and the Lakers Ball Fields. The motion was seconded. Gabriel and Guiffrida spoke against the amendment. The amendment failed upon roil call vote with Atkinson, Hafferman, and Saverud voting in favor, Gabriel, Guiffrida, Kenyon, Kluesner, and Mayor Fisher voting against, and Zauner absent. There was no further discussion. The main motion, as amended twice, carried upon roil call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, and Mayor Fisher voting in favor, Hafferman voting against, and Zauner absent. E14. RESOLUTION 5621-- AMENDING SPECIAL EVENT PERMIT FEES Resolution 5621 amends the fee schedule for special events held on city -owned property. Russell gave a report and staff answered questions. Public Comment Pang Carbonari, KDA and BID, stated the fees are reasonable charges provided they are flexible. Kenyon moved Resolution 5621, a resolution amending Parade Permit and Special Event Fees to be charged by the City of Kalispell to applicants seeking to make use of city property and public right of ways for such uses and declaring an effective date. The motion was seconded. Kalispell City Council Minutes May 20, 2013 Page 4 Council Discussion Hafferman remarked he thinks the barricade fees should be charged per day, and the solid waste fee should be billed at $100 per hour. Hafferman moved the barricade fee be set at $50 per day and the solid waste fee billed at $100 per hour. The motion was seconded. Gabriel offered a friendly amendment to set the barricade fee at $50 per occurrence, rather than per day. The maker of the motion and the second concurred. There was no discussion. The amendment carried unanimously upon roll call vote with Zauner absent. Guiffrida said he does not agree with the damage deposit; we already have liability insurance for any damage that may occur. Mayor Fisher remarked a damage deposit is a lot easier to collect than an insurance payout. The main motion, as amended, carried unanimously upon roll call vote with Zauner absent. E15. RESOLUTION 5622 — PRELIMINARY PLAT EXTENSION — WILLOW CREEK This is a request by Wayne Turner for a two --year extension of the preliminary plat for willow Creek located on the north side of Foys Lake Road between Valley View Drive and Learn Lane. Jentz gave a report and answered questions. Public Comment Nome Kenyon moved Resolution 5622, a resolution approving a two-year extension to the preliminary plat of willow Creek Subdivision. The motion was seconded. Council Discussion None The motion carried unanimously upon roll call vote with Zauner absent. Kalispell City Council Minutes May 20, 2013 Page 5 E/6. SETTLEMENT AGREEMENT — DANIEL PARKER This is an authorization request for the city manager to execute a Settlement Agreement with Parker Bronze, Inc. regarding the 2007 contract for a bronze statue. Russell gave a report and staff answered questions. Public Comment None Atkinson moved council authorize the city manager to execute the settlement agreement with Parker Bronze, Inc. The motion was seconded. Council Discussion None The motion carried unanimously upon roll call vote with Zauner absent. E17. BOARD APPOINTMENTS Mayor Fisher recommended the following applicants be appointed t❑ the various boards listed below: Board of Adjustment —Robert Vine Business Improvement District Board (Downtown) —Janet Clark and Debbie Snyder Conrad Mansion Board —Sue Corrigan Economic Development Revolving Loan Committee —Ronnie Laudati Planning Board —Chad Graham Police Commission —Doc Harkins Technical Advisory Committee (TAC) —Mark Munsinger Public Comment None Saverud moved council accept the Mayor's recommendations for the board appointments as stated. The motion was seconded, Council Discussion None The motion carried unanimously upon vote with Zauner absent. Kalispell City Council Minutes May 20, 2013 Page 6 F. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action) Russell announced budget work sessions will be held on May 28 and 29 from 5-9 pm, and a proposed panhandling ordinance will be discussed at the June 10 work session. Hafferman remarked several terms used by public works in various documents are being misused. He asked for a work session to develop a set of public works' definitions prior to the impact fee reports being presented to council. Mayor Fisher expressed her condolences to Shirley Tutvedl's family on her passing. G. BOURN The meeting was adjourned at 8:43 p.m. Theresa white City Clerk Kalispell City Council Minutes May 20, 2013 Page 7