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09-21-15 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES SEPTEMBER 21, 2015 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayor and city council/meetings.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS IIELD AT 7:00 P.M., SEPTEMBER 21, 2015, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. Mayor Mark Johnson presided. Councilors Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz, Saverud, and Mayor Johnson were present. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, and Captain of Police Administration Wade Rademacher. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL Jim Atkinson moved to approve the agenda as submitted. The motion was seconded by Sandy Carlson. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL All items listed on the Consent Agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the Consent Agenda by motion. 1. Council Minutes - Regular Meeting - September 8.2015 09-08-15 Draft Minutes Kalispell City Council Minutes September 21, 2015 Page 1 Wayne Saverud moved to approve the consent agenda as submitted. The motion was seconded by Phil Guiffrida. The motion carried unanimously upon vote. C. COMMITTEE REPORT None D. PUBLIC COMMENT Mayor Johnson opened general public comment. Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please see the last page of the agenda for Manner of Addressing the Council. (Comments shall be limited to three minutes.) Karlene Osorio-Khor, Public Comment Ms. Osorio-Khor spoke regarding the city election in November and said she hopes the city airs a debate on the city channel. Ms. Osorio-Khor continued, speaking regarding her thoughts on the lawsuit she has filed against the city and her position as an advisory board member for the city. Jim Oliverson, Public Comment Mr. Oliverson of 665 2nd Ave. EN, with the United Way announced that they recorded the deed today for the building formerly known as the Gateway West Mall, which is now the Gateway West Community Center, owned by the Westside CCC, a holding company set up to keep funds separate from the United Way. Mr. Oliverson said that past County Manager Earl Bennett brought the idea forward 15 years ago to house the area service agencies in this building. Today, the day it became a reality, was Earl's birthday. They propose to double the number of social service agencies housed in this facility. Sherry Stevens, Public Comment Ms. Stevens of 40 East Nevada, with the United Way said they have been working on this acquisition for over a year. She would invite everyone to tour the facility. She said they received a $40,000 CDBG Planning Grant sponsored by the County that paid for the appraisal and other acquisition pieces. Ms. Stevens is asking both the city and the county to consider the Gateway Community Center Project as a CDBG Grant. She thanked all the Council members for their support on this project. Public Comment Closed. Seeing no further public comment, Mayor Johnson closed public comment. Kalispell City Council Minutes September 21, 2015 Page 2 E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items will be asked to do so following staff reports. Please see the last page of the agenda for Manner of Addressing the Council. (Comments shall be limited to three minutes.) 1. Ordinance 1760 First Reading, Updating Motor Vehicle Regulations This Ordinance updates motor vehicle regulations. City Manager Doug Russell began the presentation on this item. City Attorney Charles Harball continued the presentation explaining the details of the amendments to the Ordinance before the Council. Changes included removing redundancy with state code, outdated regulations, and consistency. Council began questions of staff. Public Comment Mayor Johnson opened public comment on this item. Seeing none, he closed public comment. Phil Guiffrida moved to approve Ordinance 1760, and Ordinance amending Chapter 17 of the Kalispell Municipal Codes entitled Motor Vehicles and Traffic, declaring an effective date and authorizing the City Attorney to codify the same. The motion was seconded by Kari Gabriel. The motion carried unanimously upon vote. 2. Resolution 5738, Setting Parking Fines This Resolution amends the fine schedule for parking violations. Resolution 5738 City Manager Doug Russell began the presentation on this item. Council began questions for staff. Captain Wade Radamacher spoke to the views voiced by the Parking Advisory Board on this matter during their public meetings. Kalispell City Council Minutes September 21, 2015 Page 3 Public Comment Mayor Johnson opened public comment. Karlene Osorio-Khor, Public Comment Ms. Osorio-Khor spoke regarding her parking habits and the parking ticket she received on Main Street and her feelings regarding parking tickets and downtown parking. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Wayne Saverud moved to approve Resolution 5738, a Resolution fixing the Fine Schedule for Civil Infractions of Parking Regulations as identified in KMC 17-78 subject to the discretion of the Kalispell Municipal Court Judge as specifically set forth in KMC 17- 78(E), and declaring an effective date. The motion was seconded by Rod Kuntz. Councilor Kluesner began discussion. Councilor Kuntz continued discussion on the motion. City Attorney Charles Harball answered questions regarding graduated fines for habitual offenders. Councilor Kuntz continued questions for staff. Police Captain Wade Rademacher mentioned that repeat offenders are well known by parking enforcement within downtown. Councilor Guiffrida continued questions for staff. Councilor Gabriel continued discussion on the motion. Mayor Johnson continued discussion on the motion. Charles Harball responded to questions posed. Councilor Guiffrida continued discussion on the motion. City Attorney Charles Harball spoke regarding the desire to clean up fee inconsistencies. Phil Guiffrida moved to amend the motion for Resolution 5738, by striking section 2 and stating that all fines in section 1 be at a sum of $10. The motion was seconded by Rod Kuntz. Councilor Guiffrida provided discussion on the amendment to the motion. The amendment to the motion carried unanimously upon vote. The main motion as amended carried unanimously upon vote. 3. Resolution 5739 - Resolution of Intent & Call for Public Hearing - New Mandated Kalispell City Council Minutes September 21, 2015 Page 4 Floodplain Ordinance and Mapping This Resolution provides public notice of the Council's intent to call for a public hearing on new rules and regulations promulgated by the Federal Emergency Management Agency (FEMA) applying to floodplains. Resolution 5739 City Manager Doug Russell provided a brief introduction to this item. Planning Director Tom Jentz provided a brief explanation regarding this Resolution. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Phil Guiffrida moved to approve Resolution 5739, a Resolution of Intent to adopt a new Mandated Floodplain Ordinance and Mapping, setting a Public hearing and directing the City Clerk to provide Notice therefore. The motion was seconded by Sandy Carlson. The motion carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) City Manager Doug Russell provided the following report: • No work session next week. Casino work session on October 12. • Mr. Russell asked for direction from the Council regarding whether the Council would like to take on a candidate forum and reminded Council that it was not appropriate for staff to be involved in that. • Impact Fees work session will be scheduled sometime this fall, early winter. Mr. Russell asked for Council direction regarding whether to invite legislators to that session or schedule a legislative forum as part of a larger presentation for the state level. Council provided direction that they would like a larger legislative forum beyond impact fees. Mr. Russell said he would work on a date for that. • Mr. Russell spoke regarding the recent Interlake newspaper article that headlined a partnership between the County and the City on a new Sports Complex Facility. He explained that in actuality, they had one meeting to preliminarily discuss potential areas to collaborate. The headline that a partnership was in the works was very premature. The Kalispell City Council Minutes September 21, 2015 Page 5 County has been holding stakeholder meetings on this matter for several years. A business plan would likely be the County's next step on this project. Councilor Atkinson spoke regarding an invite for the Council to an event from Prestige Assisted Living Facility and reported that he attended the event. He said there were fantastic questions. He said they are a very politically active group. They said they would like to see more restaurants in town, preferably Red Lobster. He appreciated the opportunity to chat with them. Councilor Kluesner spoke in favor of a Candidate Forum. Mayor Johnson provided the following reports and discussion: • The Mayor asked Council for a preferred range of dates and times for a Council Forum. Election day is November 3. The Council discussed dates and tentatively set a forum for Wednesday, October 7 at 7 p.m. depending on whether the camera technician would be available. • Mayor Johnson provided comments on last week's work session with the Downtown Business Association and especially how it relates to tonight's discussion on parking in relation to long term goals. He said the Council is willing to look at many options related to city owned properties. • Mayor Johnson spoke to public comment today that related to board appointments. G. ADJOURNMENT Mayor Johnson adiourned the meeting at 8:01 p.m. Ainle Brunckhorst, CMC City Clerk Minutes approved on: S \ Kalispell City Council Minutes September 21, 2015 Page 6