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1. Council Minutes - Regular Meeting - June 17, 2013A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, JUNE 17, 2013, 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, Public Works Director Susie Turner, Finance Director Rick Wills, 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 — June 3, 2013 2. Ordinance 1726 — Zoning Request — Marilynn Richter — 2nd Reading Richter requested a zoning designation of R-2, Residential, on .77 acres of land containing a single family residence located at 205 Leisure Drive. Ordinance 1726 passed unanimously on first reading June 3. 3. Ordinance 1727 — Zoning Request — Orchard Village, LLP — 2nd Reading Orchard Village requested a zoning designation of B-2, General Business, on .5 acres of land located at 57 Appleway Drive. Ordinance 1727 passed unanimously on first reading June 3. Kenyon moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with Zauner absent. C. PUBLIC COMMENT Jerry Begg, 220 Woodland Avenue, stated he submitted a letter regarding his problems with the planning process for his building at 305 2nd Avenue West and asked that the matter be placed on a future agenda. Kalispell City Council Minutes June 17, 2013 Page 1 Shanda Laysky, 485 3rd Avenue EN, commented because of the lack of sidewalks in her neighborhood, it is too dangerous for her children to ride their bikes to school. She asked the city to look into options for installing sidewalks or a bike path. Pam Carbonari, Business Improvement District, detailed what the organization has accomplished over the past year in the downtown area and what they hope to accomplish this upcoming fiscal year. D. PUBLIC HEARING Sherry Wells has requested the exclusion of approximately 3,000 square feet of property from the corporate limits. Mayor Fisher opened the public hearing. Proponents/Opponents None. Mayor Fisher closed the public hearing. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 5623 — EXCLUSION REQUEST — SHERRY WELLS This resolution excludes the 3,000 square feet of property near Concord Lane. Russell gave a report and answered questions. Public Comment None. Kenyon moved Resolution 5623, a resolution excluding 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, and setting an effective date. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Zauner absent. Kalispell City Council Minutes June 17, 2013 Page 2 E/2. SETTLEMENT AGREEMENT — DIAMOND AIRE Russell outlined the details of a proposed settlement agreement with Montana Diamond Aire, Inc. and answered questions. Public Comment None. Saverud moved council ratify the terms of the proposed settlement agreement with Diamond Aire and authorize the City Manager or Mayor to sign any documents necessary. The motion was seconded. Council Discussion Guiffrida thanked all of the parties involved in the settlement, especially the Mayor and City Manager. Hafferman remarked he is glad to see this settled, adding it speaks well for the City Manager. The motion carried unanimously upon roll call vote with Zauner absent. E/3. ORDINANCE 1725 — AMENDING PARK RULES & REGULATIONS — 3RD READING This ordinance amends the regulations for permitting alcohol at special events on city -owned property. Ordinance 1725, as amended twice, passed first reading on May 20.On June 3, Ordinance 17 25 passed second reading with three amendments. Russell gave a report and staff answered questions. Public Comment Joe Apple, 203 Garland Street, encouraged council to vote against the ordinance and reminded them the distribution of alcohol is already a big problem in the valley. Michael Westcott, 810 1st Avenue West, representing the Flathead Valley Hockey Association, asked the council to reconsider its requirement that a TIPS trained person be present at both the points of sale and service. He said they would prefer to have the person located where they collect the money. Pam Carbonari, representing the Kalispell Downtown Association (KDA) and Business Improvement District (BID), thanked council for the time this issue has taken and requested the training requirement for specifically TIPS be broadened. She also asked that the trained person only be required at the point of sale, not service. Kalispell City Council Minutes June 17, 2013 Page 3 Guiffrida moved third 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 3-18 and 19-20, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion Kenyon moved to amend Section C as follows: "and shall ensure that a T4PS trained volunteer or employee in one of the preapproved MDOR training courses is present at the point of sale and ser-A The motion was seconded. There was discussion. The amendment failed upon roll call vote with Atkinson and Kenyon voting in favor, Gabriel, Guiffrida, Hafferman, Kluesner, Saverud, and Mayor Fisher voting against, and Zauner absent. Gabriel moved to amend Section C as follows: "and shall ensure that a UPS trained volunteer or employee in one of the preapproved MDOR training courses is present at the point of sale and service." The motion was seconded. There was no discussion. The amendment carried upon roll call vote with Gabriel, Guiffrida, Hafferman, Kluesner, Saverud, and Mayor Fisher voting in favor, Atkinson and Kenyon voting against, and Zauner absent. Hafferman remarked this ordinance does not fulfill the purpose of city government and he will be voting against it. Hafferman moved to amend Section B to add "between the dates of December 21 and March 21" after "Woodland Park". The motion was seconded. Kluesner noted he is not comfortable with singling out one organization or one season. The amendment carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Hafferman, Saverud, and Mayor Fisher voting in favor, Kenyon and Kluesner voting against, and Zauner absent. Hafferman moved to amend Section B by deleting Depot Park and the Lakers Ball Fields. The motion was seconded. There was discussion. Kalispell City Council Minutes June 17, 2013 Page 4 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. Atkinson commented he will be voting against this ordinance because it is unfair to the family - oriented community as a whole. Hafferman remarked he feels it might be better to throw the whole ordinance out; the state has plenty of regulations in place and the city is not qualified to add any more. Mayor Fisher spoke in favor of the ordinance. The main motion, as amended two times, carried upon roll call vote with Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, and Mayor Fisher voting in favor, Atkinson and Hafferman voting against, with Zauner absent. E/4. ALCOHOL SPECIAL EVENTS PERMIT REOUEST — THURSDAY!FEST The Kalispell Downtown Association is requesting a permit to sell alcohol as part of its annual Thursday!Fest activities beginning June 27. Russell gave a report and staff answered questions. Public Comment Pam Carbonari, KDA, asked council to look favorably on their permit request, stating they take their responsibilities very seriously. Joe Apple, 203 Garland Street, reminded council that alcohol is being used for financial gain here and they don't know what will happen afterwards. Guiffrida moved council approve the application for Thursday!Fest for a special event permit which involves the consumption and sale of alcohol. The motion was seconded. Council Discussion Guiffrida remarked Thursday!Fest is a great event and he does not believe alcohol is the calling card for it; it is a family event. The motion carried unanimously upon roll call vote with Zauner absent. E/5. RESOLUTION 5626 — CONSTRUCTION AGREEMENT — THREE MILE DRIVE This is an agreement with the Montana Department of Transportation for the construction and/or reconstruction of Three Mile Drive as a separate phased portion of the Kalispell Bypass Project. Kalispell City Council Minutes June 17, 2013 Page 5 Turner gave a report and answered questions. Public Comment Pam Carbonari, KDA and BID, spoke in favor of the construction agreement and encouraged council to approve it. Kenyon moved Resolution 5626, a resolution authorizing the City Manager of Kalispell or designee to execute the construction agreement of Federal Aid Project No. NH 15(111), also known as KBP-Three Mile Drive Project, with the State of Montana, acting by and through the Department of Transportation. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Zauner absent. E/6. RESOLUTION 5627 — PRELIMINARY ENGINEERING REPORT — WILLOWS STORMWATER IMPROVEMENT PROTECT Staff is requesting the council accept the Preliminary Engineering Report for the Willows Stormwater Improvement Project which includes the proposed design, cost estimates, and project schedule. Turner gave a report and answered questions. Public Comment None. Atkinson moved Resolution 5627, a resolution to adopt the Willows Storm Water Improvement Project Preliminary Report [PER] and to direct the City Manager to forward this resolution and the PER to the Montana Department of Environmental Quality. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Zauner absent. E/7. INSTALLATION OF BRONZE DEER SCULPTURE Per a contract with the city in 2007, Sherri Salari Sander created a bronze "Whitetail Deer" sculpture for installation at the intersection of Highway 93 and Highway 2. This is a request to proceed with Kalispell City Council Minutes June 17, 2013 Page 6 the installation and complete the terms of the contract. Russell gave a report and answered questions. Public Comment Pam Carbonari, KDA and BID, stated they support the installation of the bronze sculpture. Saverud moved council authorize the City Manager to proceed with the installation of the statue at the northwest corner of Highways 2 and 93. The motion was seconded. Council Discussion Hafferman commented he is glad to see this coming to an end. The motion carried unanimously upon roll call vote with Zauner absent. E/8. MOTION TO AUTHORIZE LIMITED EXPENDITURE OF FUNDS WITHIN THE FISCAL YEAR 2014 PRELIMINARY BUDGET & CALL FOR PUBLIC HEARING Staff requested the council authorize the expenditure of funds from the FY2014 preliminary budget necessary for day-to-day operations of the city and schedule a public hearing for July 15. Russell gave a report and staff answered questions. Public Comment None. Kenyon moved to authorize the expenditure of funds from the FY 2014 preliminary budget necessary for day-to-day operations of the city and schedule a public hearing for July 15, 2013. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote with Zauner absent. E/9. BOARD APPOINTMENT — POLICE COMMISSION Three letters of interest were submitted to Mayor Fisher for her recommendation from Sam Herbert, Ronnie Laudati, and Dick Stotts. Mayor Fisher recommended Sam Herbert be appointed to the Police Commission. Kalispell City Council Minutes June 17, 2013 Page 7 Public Comment None. Saverud moved council accept the Mayor's recommendation and appoint Sam Herbert to the Police Commission. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote with Zauner absent. F. MAYOR/COUNCIL/CITY MANAGERIREPORTS (No Action) Russell noted the June 24 work session will consist of a presentation on the Core Area Market Analysis, and the Planned Unit Development Overlay request from Gardner Investments and Fred's Appliance. Mayor Fisher remarked she is grateful to be resolving some long-standing liabilities and thanked Russell. Kluesner requested Public Works and the Police Department find a way to keep semi -trucks from exiting off the bypass onto Sunnyside Drive. Guiffrida agreed, noting he watched a semi -truck do just that recently and requested MDOT be asked to install "No Trucks" or "Local Access Only" signs at that exit. Atkinson congratulated Officer Jason Parce on being named Montana's "Police Officer of the Year". G. ADJOURN The meeting was adjourned at 9:14 p.m. Theresa White City Clerk Kalispell City Council Minutes June 17, 2013 Page 8