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E1. 8-15-16 Council Minutes� cr�YoF.. ---- t - ATONTANA KALISPELL CITY COUNCIL MINUTES AUGUST 15, 2016 View the minutes attached to the video of the meeting at: http://www.kalispell.conVmayor and _city council/meetings.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, AUGUST 15, 2016, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. A. CALL TO ORDER Council President Jim Atkinson called the meeting to order at 7 p.m. B. ROLL CALL Council Members Jim Atkinson, Sandy Carlson, Kari Gabriel, Chad Graham, Phil Guiffrida, Tim Kluesner, Rod Kuntz, and Wayne Saverud were present. Mayor Mark Johnson was absent. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Finance Director Rick Wills, Parks and Recreation Director Chad Fincher, and Police Chief Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Phil Guiffrida moved to approve the agenda as submitted. The motion was seconded by Kari Gabriel. The motion carried unanimously upon roll call vote with Mark Johnson absent. E. CONSENT AGENDA 1. Council Minutes — Regular Meeting — August 1, 2016 08-01-16 Council Minutes Public Comment Council President Jim Atkinson opened public comment on the consent agenda. Seeing none, he closed public comment. Wayne Saverud moved to approve the consent agenda as submitted. The motion was seconded by Chad Graham. The motion carried unanimously upon roll call vote with Mark Johnson absent. F. COMMITTEE REPORT - None. G. PUBLIC COMMENT President Atkinson opened general public comment. Joe Unterreinner, Public Comment Mr. Unterreiner, CEO of the Kalispell Chamber of Commerce informed the Council that he would be available for questions during the TBID (Tourism Business Improvement District) budget portion of the proceedings. Mark Wilde, Public Comment Mr. Wilde of 115 Lazy Creek Way, spoke regarding Westcraft Homes beginning construction noise at 6:30 a.m. in Silverbrook Estates Subdivision and the impact he feels it is having on the residents in the neighborhood. He asked the Council to consider revising the noise ordinance to state a specific time that construction companies can make noise. Public Comment Closed Seeing no further public comment, President Atkinson closed public comment. H. 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 the proper manner of addressing the council. Please limit comments to three minutes. 1. Use Agreement Amendment with the Flathead Valley Hockey Association This amendment to the original use agreement would allow FVHA to make improvements to the ice rink. Use Agreement Amendment Kalispell City Council Minutes August 15, 2016 Page 2 City Manager Doug Russell provided a staff presentation on this item. The Hockey Association provided elevation maps to the Council members. Council members asked questions of staff. City Attorney Charles Harball answered questions regarding insurance. Counselor Kluesner asked for clarification on the ownership of the rink and whether it would still be considered portable. President Atkinson continued questions for staff. Councilor Graham continued questions for staff regarding the proposed fire pit. Counselor Kluesner continued questions for staff. Public Comment President Atkinson opened public comment. Jeremy Reese, Court East, Public Comment Mr. Reese of 48 Primrose Court East, with the Flathead Valley Hockey Association explained that the fire pit is a future idea, that has yet to be designed. Mr. Reese said the Hockey Association would like to use this space long term and wanted to improve the amenity. He explained that the concrete area would be able to be used by others during the summer when the hockey rink is dismantled. He spoke further about the benefits of this agreement to the Association, the park, and the community. Public Comment Closed Seeing no further public comment, President Atkinson closed public comment. Phil Guiffrida moved to approve the amended Flathead Valley Hockey Association use agreement. The motion was seconded by Rod Kuntz. Councilor Guiffrida provided comments thanking the Flathead Hockey Association. Councilor Kuntz said he feels this as a great public -private partnership. Councilor Kluesner said he feels the association does a great job. Kalispell City Council Minutes August 15, 2016 Page 3 The motion carried unanimously upon roll call vote with Mark Johnson absent. 2. Alcohol Special Event Permit - Taste of Kalispell This motion seeks approval of a request from the Kalispell Downtown Association for a permit to serve alcohol as part of its Taste of Kalispell celebration on September 8, 2016. Alcohol Addendum Taste of Kalispell City Manager Doug Russell provided a brief presentation on this item. Public Comment President Atkinson opened public comment. Pam Carbonari, Public Comment Ms. Carbonari, Director of the Kalispell Downtown Association spoke regarding this event. Phil Guiffrida moved to approve the Alcohol addendum for the Kalispell Downtown Association to allow for the sale and consumption of alcohol at the Taste of Kalispell event to be held on the lawn at the Museum at Central School on September 8, 2016 contingent upon the state liquor permit. The motion was seconded by Kari Gabriel. Councilor Guiffrida spoke regarding this event. President Atkinson abstained from voting on this item as he is an employee of the Museum at Central School. The motion carried unanimously upon roll call vote with Mark Johnson absent, and President Atkinson abstaining. 3. Resolution 5767 -Tourism Business Improvement District Work Plan and Budget This resolution approves the annual work plan and budget for the Tourism Business Improvement District for fiscal year 2017. Res 5767 TBID Work Plan City Manager Doug Russell provided a staff presentation on this item. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Kalispell City Council Minutes August 15, 2016 Page 4 Wayne Saverud moved to approve Resolution 5767, a Resolution approving the work plan and budget for the fiscal year 2016-2017 with the Kalispell Tourism Business Improvement District as recommended by its Board of Directors. The motion was seconded by Sandy Carlson. Councilor Guiffrida provided discussion saying that he appreciates the detail within the work plan. The motion carried unanimously upon roll call vote with Mark Johnson absent. 4. Resolution 5768 - Budget Resolution - Mill Levy This resolution sets the annual mill levy for the City of Kalispell for fiscal year 2017. Res 5768, Mill Levy Resolution City Manager Doug Russell provided the staff presentation on this item. Councilor Guiffrida began questions for staff. City Manager Doug Russell answered questions regarding state mill laws. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Kari Gabriel moved to approve Resolution 5768, a Resolution making the annual tax levies for the City of Kalispell, Montana for the Fiscal Year 2016-2017. The motion was seconded by Sandy Carlson. Councilor Guiffrida provided discussion on the motion. Councilor Kluesner continued discussion on the motion. President Atkinson provided discussion on the motion. The motion carried unanimously upon roll call vote with Mark Johnson absent. 5. Resolution 5769 - Budget Resolution - Annual Appropriations This resolution sets the annual appropriations for the City of Kalispell for fiscal year 2017. Res 5769 Annual Appropriations Kalispell City Council Minutes August 15, 2016 Page 5 City Manager Doug Russell provided a staff presentation on this item. Councilor Kuntz began questions for staff regarding the forest service building the city has plans to acquire. Councilor Guiffrida asked questions of staff regarding whether the city will be looking into grants to help with police officer body cameras. Police Chief Roger Nasset answered questions regarding costs and grant opportunities regarding police officer body cameras. Councilor Graham provided discussion on the motion regarding the Police Officer body cameras that are listed in the budget. City Manager Doug Russell answered questions from Council. Councilor Kluesner continued questions for staff. Police Chief Roger Nasset answered questions from Council regarding what would need to be evaluated to implement the use of officer body cameras. Councilor Guiffrida continued questions asking about the cost breakdown with the School District for a School Resource Officer. Councilor Graham asked questions' regarding the forest service building the city has budgeted to purchase and repair. Councilor Kuntz continued questions regarding the cost of unforeseen repairs to the forest service building. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Rod Kuntz moved to approve Resolution 5769, a Resolution setting the annual appropriations for the City of Kalispell, Montana for Special Revenue Funds, Debt Service Funds, Capital Proiect Funds and Proprietary Enterprise Funds as set forth in the 2016- 2017 Budget adopted by the City Council. The motion was seconded by Sandy Carlson. Councilor Guiffrida provided discussion on the motion. Kalispell City Council Minutes August 15, 2016 Page 6 Councilor Kuntz provided discussion on the motion regarding police officer body cameras. Councilor Kluesner continued discussion on the motion asking for information on the 911 budget discussion. City Manager Russell provided an overview of the status of the 911 board and the budget. Councilor Graham provided discussion on the 911 Center portion of the budget. He then spoke regarding police officer body cameras. Councilor Kuntz provided discussion on the motion regarding the 911 Center budget. President Atkinson continued discussion on the motion regarding the overall discussion and also spoke regarding police officer body cameras. The motion carried upon vote with Jim Atkinson, Sandy Carlson, Kari Gabriel, Tim Kluesner, Rod Kuntz, and Wayne Saverud voting in favor, and Chad Graham, and Phil Guiffrida voting against, with Mark Johnson absent. 6. Resolution 5770 - Budget Resolution - Urban Forestry Assessment This resolution levies the assessment for the cost of urban forestry maintenance for fiscal year 2017. Res 5770, Urban Forestry City Manager Doug Russell provided a brief presentation on this item. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Phil Guiffrida moved to approve Resolution 5770, a Resolution levying an assessment for the cost of Urban Forestry Maintenance for the City for the Fiscal Year 2016-2017. The motion was seconded by Tim Kluesner. The motion carried unanimously upon roll call vote with Mark Johnson absent. 7. Resolution 5771 - Budget Resolution - Solid Waste Assessment This resolution levies the assessment for removing solid waste from city streets and alleys for fiscal year 2017. Res 5771 Solid Waste Assessment Kalispell City Council Minutes August 15, 2016 Page 7 City Manager Doug Russell provided a staff presentation on this item. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Tim Kluesner moved to approve Resolution 5771, a Resolution to levy the cost of removal of garbage or other offensive matter from streets, alleys, or on any premises as a special tax against property from which such matter be deposited, and the disposition thereof, The motion was seconded by Kari Gabriel. Councilor Guiffrida commended the Public Works Department and in particular the Solid Waste Division. Councilor Graham provided further discussion regarding the Solid Waste Division. Councilor Atkinson continued the discussion on the motion regarding the Solid Waste Division. The motion carried unanimously upon roll call vote with Mark Johnson absent. 8. Resolution 5772 - Budget Resolution - Street Maintenance District Assessment This resolution levies the assessment for maintaining the streets and avenues for fiscal year 2017. Res 5772, Street Maintenance Assessment City Manager Russell provided a brief presentation on this item. Councilor Kluesner began questions for staff. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Wayne Saverud moved to approve Resolution 5772, a Resolution levying an assessment for the cost of Special Maintenance for the purpose of maintaining the Streets and Avenues of the City of Kalispell for the Fiscal Year 2016-2017. The motion was seconded by Rod Kuntz. The motion carried unanimously upon roll call vote with Mark Johnson absent. 9. Resolution 5773 - Budget Resolution - Storm Sewer Maintenance Assessment This resolution levies the assessment for maintaining the storm sewer utility for fiscal year 2017. Kalispell City Council Minutes August 15, 2016 Page 8 Res 5773 Storm Sewer Maintenance Assessment City Manager Doug Russell provided a staff presentation on this item. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Chad Graham moved to approve Resolution 5773, a Resolution levying assessments for the cost of Storm Sewer Maintenance for the Fiscal Year 2016-2017. The motion was seconded by Sandy Carlson. The motion carried unanimously upon roll call vote with Mark Johnson absent. 10. Resolution 5774 - Budget Resolution - Light Maintenance District Assessment This resolution levies the assessment for maintaining the street lighting in the city for fiscal year 2017. Res 5774, Light District Assessment City Manager Doug Russell provided a brief staff presentation on this item. Councilor Kluesner began questions. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Phil Guiffrida moved to approve Resolution 5774, a Resolution levying an assessment for the cost of Lighting the Streets and Alleys in the City Special Lighting District for the Fiscal Year 2016-2017. The motion was seconded by Chad Graham. Councilor Guiffrida began discussion on the motion regarding possible differences in cost for the new LED lights installed by Flathead Electric. The motion carried unanimously upon roll call vote with Mark Johnson absent. 11. Resolution 5775 - Budget Resolution - Tourism Business Improvement District This resolution approves the annual appropriations for the Tourism Business Improvement District for fiscal year 2017. Res 5775, TBID Budget City Manager Doug Russell provided a brief staff presentation on this item. Kalispell City Council Minutes August 15, 2016 Page 9 Councilor Atkinson asked questions of staff. Councilor Guiffrida continued discussion on the motion. Public Comment President Atkinson opened public comment. Joe Unterreinner, Public Comment Mr. Unterreinner, CEO with the Kalispell Chamber of Commerce answered a question regarding the boundary of the TBID. City Attorney Charles Harball answered questions regarding the boundaries. Public Comment Closed Seeing no further public comment, President Atkinson closed public comment. Wayne Saverud moved to approve Resolution 5775, a Resolution setting the annual appropriation for the Tourism Business Improvement District (TBID) of the City of Kalispell, Montana, as set forth in the 2016-2017 Budget adopted by the City Council. The motion was seconded by Kari Gabriel. The motion carried unanimously upon roll call vote with Mark Johnson absent. 1.2. Resolution 5776 - Budget Resolution - Business Improvement District This resolution approves the annual appropriations and annual tax levy for the Kalispell Downtown Business Improvement District for fiscal year 2017. Res 5776 BID Budget City Manager Doug Russell provided a brief staff presentation on this item. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Rod Kuntz moved to approve Resolution 5776, a Resolution making the Annual Tax Lem for the Business Improvement District (BID) of Kalispell, Montana, for the Fiscal Year 2016-2017 and Levying an Assessment for the BID for Fiscal 2016-2017. The motion was seconded by Sandy Carlson. The motion carried unanimously upon roll call vote with Mark Johnson absent. Kalispell City Council Minutes August 15, 2016 Page 10 13. Resolution 5777 - Bud2et Resolution - City -County Health Department This resolution approves the levy request for the City -County Health Department for the 2016/2017 fiscal year. Res 5777 City -County Health City Manager Doug Russell provided a brief staff presentation on this item. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Tim Kluesner moved to approve Resolution 5777, a Resolution making the Annual Tax Levies for the City of Kalispell, Montana, for the Fiscal Year 2016-2017. The motion was seconded by Phil Guiffrida. The motion carried unanimously upon roll call vote with Mark Johnson absent. 14. Appointment to the Tourism Business Improvement District Consideration of the appointment of Zac Ford, with the Hampton Inn to a position on the Tourism Business Improvement District Board of Directors. Appointment to TBID Chad Graham moved to approve confirm the appointment of Zac Ford to the Tourism Business Improvement District. The motion was seconded by Kari Gabriel. The motion carried unanimously upon roll call vote with Mark Johnson absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • This Wednesday Mr. Russell is attending a Montana Municipal League Resolution and Policy Committee meeting in Helena to discuss resolutions for the upcoming legislative session. He would anticipate discussion regarding municipal infrastructure, municipal revenue generation, and environmental mandates. Mr. Russell will report back when those resolutions are adopted. • There will not be a work session next week. The following week is a fifth Monday, so a regular meeting is not scheduled for that day either. The next regular scheduled meeting is Tuesday, September 6, 2016. Kalispell City Council Minutes August 15, 2016 Page 11 • The next City Council meeting agenda will include a contract request from a cell provider to locate on the water tower. Councilor Guiffrida updated the Council regarding the general election candidate forum he and the Mayor have been organizing for the end of September. They are still working through scheduling conflicts between the candidates. Councilor Graham asked questions regarding the noise related public comment provided by Mr. Wilde earlier in the evening. City Attorney Charles Harball responded to questions regarding the noise ordinance. Councilor Kuntz said he would like Council to have a discussion regarding the noise ordinance. Councilor Kuntz said the Ward 3 Town Hall meetings are planned to start back up in October. He also invited the public to invite them to speak. Councilor Kluesner mentioned a public comment received earlier in the day regarding traffic flow near Home Depot and asked that staff contact the person who provided the comment. President Atkinson read a letter received from the Mayor of Purth, Australia regarding the Friendship Force that visited from Purth to visit the Kalispell Friendship Force. J. ADJOURNMENT President Atkinson adjourned the meeting at 8:56 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on: Kalispell City Council Minutes August 15, 2016 Page 12