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E1. Council Minutes - Regular Meeting - October 17, 2016CITY OF MONTANA CITY COUNCIL MEETING MINUTES Monday, October 17, 2016, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER President Atkinson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Wayne Saverud: Present Council Member - Chad Graham: Present President - Jim Atkinson: Present Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Present Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Public Works Director Susie Turner, and Police Chief Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to approve the agenda as submitted. Council Member - Phil Guiffrida: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion was approved unanimously. Page 1 of 6 Kalispell City Council Minutes, October 17, 2016 E. CONSENT AGENDA 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 — October 3, 2016 t;� Go Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Motion to approve the consent agenda as submitted. Council Member - Wayne Saverud: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion was approved unanimously. F. COMMITTEE REPORT - None. G. 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 the proper manner of addressing the council. Please limit comments to three minutes. President Atkinson opened general public comment. Jess Geisler, Public Comment Ms. Geisler of 786 4t Avenue West North spoke in favor of short term rentals providing details why she feels that way. 06:05:08 PM (00:06:22) Roxanne Brothers, Public Comment Ms. Brothers of 786 West Avenue North spoke in favor of short term rentals for people that need to visit the hospital from out of town. She then said she feels the city airport should be shut down because she feels airplane fuel exposes the community to lead. 06:09:00 PM (00:10:14) Seeing no further public comment, President Atkinson closed public comment. Page 2 of 6 Kalispell City Council Minutes, October 17, 2016 H. PUBLIC HEARING —Proposed Water and Wastewater Facility Plan Update - South Kalispell Development t� City Manager Russell provided a brief introduction to this item. 06:09:49 PM (00:11:02) President Atkinson opened the public hearing and public comment. 06:09:56 PM (00:11:10) Todd Gardner, Public Comment Mr. Gardner of 3100 US Hwy 93 South spoke with concerns to the fire flow section of the plan. He also spoke regarding the force main drawn into the sewer station map. His property is located there and he is concerned with how the easement is drawn. 06:17:18 PM (00:18:32) Seeing no further public comment, President Atkinson closed public comment and the public hearing. I. 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. Ordinance 1777 — Second Reading — Disturbing the Peace a This Ordinance would amend the language of Kalispell Municipal Code Section 19-10, Disturbing the Peace. 06:17:49 PM (00:19:03) City Manager Russell provided a brief introduction to this item. Public Comment President Atkinson opened public comment. 06:19:21 PM (00:20:35) Jim Cossitt, Public Comment Mr. Cossitt of 1231 6ch Street West spoke in opposition of what he feels is vague language within the Ordinance and provided suggestions on how he would revise the Ordinance to address his concerns. 06:35,54 PM (00:37:08) Seeing no further public comment, President Atkinson closed public comment. Councilor Kuntz moved and Councilor Gabriel seconded to approve Ordinance No. 1777, amending Kalispell Municipal Code 19-10 entitled Disturbing the Peace, declaring an effective date, and authorizing the City Attorney to codify the same. Councilor Kluesner began discussion on the motion. 06:38:10 PM (00:39:23) Councilor Kuntz continued discussion on the motion. 06:38:21 PM (00:39:35) City Attorney Harball spoke to questions raised by Council. Councilor Saverud continued questions about the Ordinance. City Attorney Harball continued answering questions raised by Council. Page 3of6 Kalispell City Council Minutes, October 17, 2016 06:46:32 PM (00:47:46) Amendment to the main motion to add under 19-10 Disorderly Conduct• (i) willfully discharging a firearm in a public place or on private property, except as allowed under state law in the _justified use of force or within a firearm shooting range permitted under the land use laws of the city. Council Member - Phil Guiffrida: Motion Council Member - Sandy Carlson: 2nd Mavor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The amendment to the main motion was approved. 06:47:59 PM (00:49:13) Discussion on the main motion. Vote on the main motion as amended. Council Member - Rod Kuntz: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion as amended was approved unanimously. w 2. Resolution 5784 - Authorize Refunding Band Shell Donations " t� This Resolution would authorize the return of up to $1,700 in funds gifted by donors for the purpose of constructing a band shell in Depot Park. City Manager Russell provided a presentation on this item. Council began questions for staff. 06:55:11 PM (00:56:25) City Attorney Charles Harball answered questions from Council. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Page 4 of 6 Kalispell City Council Minutes, October 17, 2016 06:56:14 PM (00:57:28) Motion to approve Resolution 5784, a Resolution authorizing the return of funds to donors of the "Bricks for the Bandshell" Fundraiser instituted through the Kalispell City Parks and Recreation Department in 2006. President - Jim Atkinson: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion was approved unanimously. Resolution 5785 — Resolution of Intent - Vacation of Easement — J2 0 Supplies ' 4z This Resolution would call for a public hearing to take public comment on an application to vacate a public water easement on property owned by Sunset Boulevard LLC - J2 Office Supplies in the vicinity of West Wyoming and Highway 93. City Manager Russell provided a staff report on this item. Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. 06:58:46 PM (01:00:00) Motion to approve Resolution 5785. a Resolution calling for a Public Hearing on the application of Sunset Boulevard LLC for the vacation of a Public Utility Easement located over and across real property owned by the applicant situated off West Wyoming Street and Highway 93 in the City of Kalispell and directing the City Clerk to give notice thereof. Council Member - Phil Guiffrida: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion was approved unanimously. Page 5 of 6 Kalispell City Council Minutes, October 17, 2016 J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) 07:00:01 PM (01:01:14) City Manager Russell spoke to the public comment provided during the public hearing for the proposed water and waste water facility plan update for South Kalispell saying any new comments would be addressed and a response crafted. Mr. Russell then reported that the next work session will include updating Council legislative priorities and addressing questions regarding how to move forward with those priorities. 07:01:35 PM (01:02:49) Councilor Kuntz spoke regarding the report provided to Council on the West Side Parking District and the improvements that have been made since the district was implemented. He spoke regarding comments provided by the public on this issue. K. ADJOURNMENT Seeing no further business, President Atkinson adjourned the meeting at 8:10 p.m. UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — October 24, 2016, at 7:00 p.m. — Council Chambers Next Regular Meeting — November 7, 2016, at 7:00 p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. \e��r►Sinnru<i> A \\`o of Ct s�F`��i e Ainlee Brunckhorst, CMC = SEAL = City Clerk = 1892 's �ONTPM ' °° .� Minutes approved on: November 7, 2016 Page 6 of 6