05/20/13 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
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 HAFFERMAN, 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 11 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 — Regular Meeting — May May 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.
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E/1- ORDINANCE 1724 — FLOODPLAIN ORDINANCE UPDATE — IST READINO
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.
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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 1810
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,
HEARING - EXCLUSION REQUEST
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.
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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,
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Council Discussion
None
The motion carried unanimously upon roll call vote with Zauner absent.
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.
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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 roll 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 roll call vote with Atkinson, Gabriel,
Guiffrida, Kenyon, Kluesner, Saverud, and Mayor Fisher voting in favor, Hafferman voting
against, and Zauner absent,
E/4. 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
Pam 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.
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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.
E/5. 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
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,
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Ftd/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,
BOARD APPOINTMENTI
Mayor Fisher recommended the following applicants be appointed to 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
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,
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Russell announced budget work sessions will be held on May 28 and 29 from 6-9 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 Tutvedt's family on her passing.
The meeting was adjourned at 8:43 p.m.
Approved June 3, 2013
Theresa White
City Clerk
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