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10/06/14 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.9 MONDAY, OCTOBER 6, 20149 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, SANDY CARLSON, KARI GABRIEL, CHAD GRAHAM, PHIL GUIFFRIDA, TIM KLUESNER, ROD KUNTZ, AND WAYNE SAVERUD WERE PRESENT, Also present: City Manager Doug Russell, City Attorney Charles Harball, Deputy City Clerk Judi Funk, Police Chief Roger Nasset, Captain of Detectives Scott Warnell, Public Works Director Susie Turner, Planning Director Tom Jentz, and Senior Planner Kevin LeClair. Mayor Johnson called the meeting to order and led the Pledge of Allegiance. Guiffrida moved to approve the Agenda. The motion was seconded.. The motion carried unanimously upon vote, 1. Council Minutes — Regular Meeting — September 15, 2014 2. Award Bid — WWTiosolids Dewaterina Project Only one bid was received for this project. Staff recommended the contract be awarded to Dick Anderson Construction in the amount of $136,350. 3. Ordinance 1744 — Zoniniz Text Amendments — Various — 3rd Rea Ordinance 1744 covers a series of updates to the zoning ordinance including additional clarification and the adoption of general provisions. Ordinance 1744 passed unanimously on second reading with two amendments. 4. Police Officer Confirmation Officer Ron Clackler has successfully completed his one-year probationary period with the Kalispell Police Department and council confirmation was requested. Saverud moved to approve the Consent Agenda. The motion was seconded, The motion carried unanimously upon roll call vote, None. Kalispell City Council Minutes October 6, 2014 Page 1 Amanda Matdies, Flathead High School teacher, presented members of the Flathead High School Environmental Club: President Hannah Whipkey, 503 West Oregon Street; Vice President Caitlyn Shaver, 115 Good Country Road; and Isabelle Dunn, who described the garden project at Flathead High School, saying all produce grown is donated to the school cafeteria. Mayor Johnson opened the public hearinj Is I so III ULIJ1 1 11irg I Mayor Johnson closed the public hearing. (Letters received prior to and during the public hearing are attached hereto and made a part of the official record) .............. NOE=! F/1. ORDINANCE 1745 — AIRPORT AFFECTED AREA — IST READING (Tabled September 2) This ordinance amends Ordinance 1573 establishing regulations in the Kalispell City Airport affected are-,2- to provide airspace protection and land use compatibility with airport operations. Atkinson moved to remove Ordinance 1745 from the table. (Ordinance 1745 reads: "An Ii sblishing new regulations for the Kalispell CitAiport AffectedArea to provide airspacrotection and land use compatibility with airport operations at the Kalispell City Airpo operating as a general aviation airport and repealing Ordinance No. 1579 and declaring a Coop effective date.") The motion was seconded. The motion carried unanimously upon vote. Russell gave a report and staff answered questions. Public Comment None. Council Discussion None. The main motion carried unanimously upon roll call vote, Kalispell City Council Minutes October 6, 2014 Page 2 Ordinance 1746 requires electronic reporting by pawn shops and secondhand dealers to the police department in order to provide a more efficient search for stolen items. Russell and Nasset gave reports and staff answered questions. Public Comment Michael Smith 1353 Highway 2 East, owner of Gold Rush Pawn, asked questions regarding the ordinance and the database. Jamie Billmayer, Bigfork, stated he owns two pawnshops and also had questions about the ordinance. Matt Moore, Havre, district manager of First National Pawn, said they use the Leads On-line program now and it is easy to use, but the ordinance needs to close some loopholes and the county needs to be held ,?.ccountable as well. He offered suggestions to amend the ordinance. Kenny Stiffler, 17 7th Avenue West, manager of Anything Pawn, remarked this will breach their discretion and confidentiality; people who purchase from them want to remain anonymous. Rick Walker, Replay Sports, commented the 14 day holding period is excessive, storage will be an issue, and customer tracking will stymie retail environment. He asked that the ordinance be user friendly and not overly burdensome. Paul Lebert, 13 Honeysuckle Lane, Apache Pawn, said he is a former Flathead County Sheriff and their shop has always had a good rapport with law enforcement. Chris Hall, 115 West Evergreen Drive, stated this is a good ordinance, but the pawnbroker should not lose any money because of it. Scott Allsbury, 1306A 6th Avenue West, said he does not want to give his name every time he purchases something from a pawnshop. Zack Green, 3215 Highway 93 South, Anything Pawn, noted they do their best not to accept stolen items and they want to stop thieves on the other side of the counter. Graham moved first reading of Ordinance 1746, an ordinance amending Chapter 20 of th Kalispell Municipal Codes relating to pawnbrokers, junk and secondhand dealers, rescinding KM 20-1 through 20-10 and replacing the rescinded parts as set forth, declaring an effective date an t authorizing the city attorney to codify the same. The motion was seconded. I 1 01 Guiffrida commented we need to get this right the first time; this ordinance is not ready yet and should go back to a work session. Graham and Kuntz agreed. Kalispell City Council Minutes October 6, 2014 Page 3 Guiffrida moved to table Ordinance 1746 until November 3, 2014. The motion was seconded. The motion to table carried unanimously upon vote, rfffl'VA This MOU places the Buffalo Hill Golf Course's capital protection program responsibilities under the KGA in lieu of allowing the KGA to keep its annual lease payment. Russell gave a report and staff answered questions. Public Comment I pq Saverud moved council approve the Memorandum of Understanding between the Kalispell Association and the City of Kalispell and to authorize the reimbursement of the fiscal year 201, lease payment. The motion was seconded. I Guiffrida remarked he will vote in favor of the MOU under good faith, but he will keep a watchful eye on the G. The motion carried unanimously upon vote, F/4. RESOLUTION 5693 — COUNCIL INTENTION — 911 SPECIAL DISTRICT LEVI This resolution expresses the intent of the City Council to reduce the millage it would otherwise exact upon property in the City in the event the Flathead County 911 Levy Referendum passes in the next general election. Russell gave a report and answered questions. Public Comment None. Kluesner moved Resolution 5693, a resolution stating the intention of the Kalispell it Council to reduce the city imposed millage on properties within the city in 2015 to offset the assessment that will be imposed on these properties in the event the Flathead County referendum on the general election ballot to organize a special district to provide funding for emergency dispatch and supporting communication services, equipment, and infrastructure for Flathead County and its m * * lities passes. The motion was seconded. unicipa Atkinson remarked if the 911 levy does not pass, this resolution is moot. Kalispell City Council Minutes October 6, 2014 Page 4 Guiffrida thanked council for taking this step and Kluesner for pushing it through. Kluesner thanked council and the city manager, remarking this will even out the funding. The motion carried unanimously upon roll call vote, Doug Kauffman has requested appointment to the remaining open seat on the Planning Board. Mayor Johnson recommended Doug Kauffman be appointed to the Planning Board. Atkinson moved council accept the Mayor's recommendation and appoint Doug Kauffman to the Planning Board. The motion was seconded, Public Comment None. Council Discussion None. The motion carried unanimously upon vote. Russell noted the 2014's lease payment will be returned to the Kalispell Golf Association; reminded the council the Montana League of Cities and Towns annual conference is this week in West Yellowstone; and announced there will be no work session next Monday. Atkinson expressed councils' condolences to past council member Bob Hafferman and his family on the death of Clare Hafferman, who he noted was also a past council member. Mayor Johnson informed council they will try to schedule a joint work session with the Flathead County Economic Development Authority board regarding the rail park; and requested another work session on the growth policy. Russell said the growth policy could be included on the October 27 agenda, along with the pawnshop ordinance. Guiffrida reminded the public a Candidates Forum will be held October 7 at 7:00 p.m. in the council chambers and will be televised on Channel 190. The meeting was adjourned at 839 p.m. 01 ........ ...... TYeresa White City Clerk Kalispell City Council Minutes October 6, 2014 Page 5 Theresa White 11 From: Clarice Gates [clarrisa072@gmaii.com] Sent: Friday, October 03, 2014 11:00 PIVI To- Theresa White a Subject: Proposed amendment to Kalispell Growth Policy 2020 Dear City Clerck: I am sorry that I could not get this to you sooner but have been having problems with my computer. I am Clarice Gates and I own and live on my property at 426 7th. Ave West in Kalispell, MT. Phone (406) 752- 1199 Here are the two items I want to address: Let the Fairgrounds charge for power or any other items used by the mobile homes or trailors parked on the Fairgrounds for 3 weeks during the Fair. Also include any other events in the same way. Just asking for donations does not work. We, the tax payers would end up paying the power bills. I I have no problems that company can park their mobile homes or campers in a person's yard for two weeks pel month. (Actually I do not have the space for campers in my yard) Sincerely yours Clarice Gates. Theresa White ® mzlaura@cyberport.net t® Monday, October 06, 2014 3:53 PM To: Theresa White Subject: Growth Policy This evening you will be considering the Growth Policy. I would hope you would consider a further review and study of the Downtown and Core Area sections of the Growth Policy before approving finalization. At present., there is a downtown survey conducted by city staff and these results should be included in the Growth Plan; specifically in those sections referenced above. I understand there are other organizations too who are beginning to put together their plans for surveys and are working to gather information specific to transportation and other areas of concern for the downtown which would contribute to the growth plan as well as the city staff survey. I would ask you amend the Downtown section of the document to reflect inclusion of these surveys and materials once they are completed. I have considerable concerns about the Core plan and its place within the growth policy at this time. I know this is the city's second or third attempt to secure a Tiger grant for this project but a review of the projects successfully selected for these grants do not seem to be in the same category as Core plan. I am not certain federal funding will be attracted to this plan at any time in the near future. Its too. bad the funds from the west side TIF can't be used by the west side. However, this CORE plan requires funding and the city has not secured it. So. I think this section should be revised or edited or removed from the Growth Policy until such time as some reality with respect to funding is secured or a re -review of the Core plan is completed to make it a plan that falls more closely into guidelines and is similar to past awardees of federal funding. Thank you. Karlene Khor Member Manager La Lark LLC 1 Theresa White From: Thomas Lacerte [tiotom77@yahoo.om] Sent: Monday, October 06, 2014 :12 PM ® Theresa White Subject: Growth Policy Plan October 6, 2014. My name is Tom Lacerte. I came to northwest Montana in 1988, to work as a seasonal employee in Glacier Park. I fell in love with it. I continued to return, and eventually stayed, living in Coram. Now, I live in Kalispell. I can't think of a better place to live. I've had opportunities to move, but could not image being far away from Glacier Park, Flathead Lake, the Jewel Basin and Hungry Horse Reservoir. I hope when you make planning decisions, it includes protecting and preserving what makes the Flathead Valley special. I grew up in Denver, Colorado. When I was young, there was open space and wilderness. Now, urban and suburban sprawl has made Denver big and crowded. What used to be open space, has been replaced with subdivisions and strip malls. Denver is a great city, but it's gotten too big. That's why I prefer Kalispell over Denver. Planning the future should include open space preservation, as part of economic development. People don't come to the Flathead for human development and high paying jobs (even though a high paying job is nice). People come here for the open spaces and wilderness. Economic development is important, but we must consider the negative aspects of economic growth along with the positives. Economic growth brings prosperity. But it also brings more people, traffic congestion, pollution and crime. We shouldn't exploit what makes the Flathead great, just to make money. Always consider open space and wilderness when we plan for growth and development. We don't want to spoil a good thing. Sincerely, Thomas Lacerte 1430 3rd Ave East #12 Kalispell, MT 59901 tiotoin77@yaboo.com