03/04/13 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, MARCH 4, 2013, IN THE COUNCIL. CABERS AT CITY HALL IN
KALISPELL, MONTANA, MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS
JIM ATKINSON, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, WAYNE
SAVERUD, AND JEFF ZAUNER WERE PRESENT, COUNCIL MEMBERS KARI
GABRIEL AND PHIL GUIFFRIDA WERE ABSENT.
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White,
Police Chief Roger Nasset, Planning Director Torn Jentz, Planner II PJ Sorensen, Community
Development Manager Katharine Thompson, 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 Gabriel and Guiffrida absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting -- February 19 2013
Saverud moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Gabriel and Guiffrida absent.
C. PUBLIC COMMENT
Boyd Roth, 1343 6th Avenue East, commented the city and the Daily Inter Lake are promoting
drunkenness by featuring beer on Sunday's front page with the hockey tournament and the city needs
to return to its original status as a quiet community.
D. PUBLIC HEARING — FVCC WORKFORCE 'T`RAINING GRANT
Flathead Valley Community College has requested assistance to apply for a work force training grant
through the Community Development Block Grant Program.
Mayor Fisher opened the public hearing.
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0-ponents
None.
Proponents
None.
Mayor Fisher closed the public hearing.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/L RESOLUTION 5609 — AUTHORIZING CDBG GRANT SUBMISSION - FVCC
This resolution authorizes city staff to apply for a grant on behalf of Flathead Valley Community
College for the purpose of purchasing additional machinery for the existing heavy equipment
operator licensing program.
Russell gave a report.
Public Comment
None.
Atkinson moved Resolution 5609, a resolution authorizing an application to the Montana
Department of Commerce for a Community Development Block Grant workforce Training
Program for up to $350,000 to assist in funding the purchase of equipment to expand the
existing heavy equipment operator licensing program through Flathead Valley Community
College. The motion was seconded.
Council Discussion
Hafferman remarked this is a worthwhile project and will give young people an opportunity to learn
a trade.
The motion carried unanimously upon roil call vote with Gabriel and Guiffrida absent.
EIZ. ORDINANCE 1722 -- .ZONING TEXT AMENDMENT -- DEWGOOD LLC — 1ST
READING
This is a request for an amendment to the zoning regulations to increase the maximum percentage of
floor area allowed for casinos as an accessory use when located within 300 feet of churches, schools,
parks, etc.
Sorensen gave a report and staff answered questions.
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Public Comment
Dewey Swank, 275 Somerset Drive, representing DewGood LLC, spoke about the project stating
they need the gaming space to make the restaurant viable.
Boyd Roth,1343 6th Avenue East, remarked he wants good Christian businesses in town and casinos
and bars, etc. are evil
Kenyon moved first reading of ordinance 1722, an ordinance amending the Kalispell Zoning
Ordinance (ordinance No.1677), by amending Section 27.34.040, Casinos, and declaring an
effective date. The motion was seconded.
Council Discussion
Atkinson commented hates to see the percentage at 20%, but he understands the economics of
restaurants and why they need gaming machines to be successful.
The motion carried unanimously upon roll call vote with Gabriel and Guiffrida absent.
E13. CONDITIONAL USE PERMIT -- DEwGOOD LLC
This is a request to operate a casino in an existing building located at 101 East Center Street in a B-4
(Central Business) zone.
Sorensen gave a report.
Public Comment
None.
Kenyon moved council approve the conditional use permit for DewGood, LLC allowing
expansion of an existing restaurant to accommodate an accessory casino. The motion was
seconded.
Council Discussion
There was discussion concerning the signage and the word "casino" on the outside of the building.
The motion carried unanimously upon roll call vote with Gabriel and Guiffrida absent.
E/4. RESOLUTION 5607 —CITY COUNCIL POLICIES &PROCEDURES (TABLED
FEBRUARY 4)
This resolution establishes policies and procedures for the Kalispell City Council to serve as a local
ethics policy and orientation manual for elected officials.
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Russell gave a report and recommended council amend the resolution with the two proposed
revisions from February 25 work session:
3.3.5 It is the responsibility of City Councilors to publicly share substantive information that is
relevant to a matter under consideration that they have received from sources outside of the
public decision -making process with all other City Councilors and the public prior to taking
action on the matter. Any judgment call on sharing or disclosure should be resolved in favor
of sharin or disclosure under an "appearance of irn ro riet " standard and in order to
further the goals of fairness ' artialit and trans arenc .
3.5 Appearance of Impropriety
When participation in action or decision -making as a public official does not implicate the
specific statutory criteria for conflicts of interest; however, participation still does not "look"
or "feel" right, that public official has probably encountered the appearance of impropriety.
Amy.such judVjjent call or question should be resolved in favor of disclosure.
Atkinson moved to remove Resolution 5607 from the table. (Resolution 5607 reads, "A
resolution formally adopting the "Policies and Procedures for the Kalispell City Council" as an
ethics policy and orientation manual.") The motion was seconded.
The motion carried unanimously upon vote with Gabriel and Guiffrida absent.
Public Comment
James Cossitt, 1231 6th Street west, remarked this is a good start on a functioning ethics code, but
the disclosure process is still lacking and the enforcement review process has a gaping hole.
Council Discussion
Kenyon moved to amend Section 3.3.5 by adding the following language: "Any judgment call
on sharing or disclosure should be resolved in favor of sharing or disclosure under an
"appearance of impropriety" standard and in order to further the goals of fairness,
impartiality and transparency." The motion was seconded.
Kluesner commented the motion really doesn't make sense to hire and it could be stated simpler.
There was discussion.
Kluesner offered a friendly amendment to delete everything after the word "disclosure" for the
amendment to read "Any judgment call on sharing or disclosure should be resolved in favor of
sharing or disclosure". As the maker of the motion, Kenyon accepted the friendly amendment
and the second concurred.
The amendment carried unanimously upon roll call vote with Gabriel and Guiffrida absent.
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Kenyon moved to amend Section 3.5 by adding the following language: "Any such judgment
call or question should be resolved in favor of disclosure". The motion was seconded.
There was discussion regarding the term "appearance of impropriety" and Mayor Fisher questioned
whether the term should even be included as it was removed during the last amendment from 3.3.5.
The amendment carried unanimously upon roll call vote with Gabriel and Guiffrida absent.
Kenyon moved to amend Section 3.7.1 by adding the following language: "C. The address of
real property within the city in which a council member has ownership interest". The motion
was seconded.
Kluesner commented this is part of the public record already and it can be looked up easily on the
county's website. He asked why it was being added.
Kenyon replied it is just part of the overall status of the council member. He disagreed that finding
public records are easy.
Mayor Fisher commented a person's financial status is irrelevant to being on the council.
Hafferman said it does not help anybody to disclose what property you own; ethics is internal and we
don't need another government document to tell us how to act ethical.
Saverud stated this will just describe the property for transparency's sake.
The amendment failed upon roll call vote with Kenyon and Saverud voting in favor, Atkinson,
Hafferman, K.luesner, Zauner, and Mayor Fisher voting against, and Gabriel and Guiffrida
absent.
Kenyon moved to amend. Section 5.5 by adding the following language: "G. Economic Benefit
of Member Prohibited: No council member shall perform any official act directly and
substantially affecting to its economic benefit a business or other undertaking in which he or
she either has a substantial financial interest or is engaged as counsel, consultant,
representative or agent".
It was noted the language already exists in Section 5.5.e and is also in the current Administrative
Code.
Kenyon withdrew his motion.
There was further discussion.
The main motion, as amended twice, carried unanimously upon roll call vote with Gabriel and
Guiffrida absent.
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EJ5. RESOLUTION 5610 — RESOLUTION OF INTENT & CALL FOR PUBLIC
HEARING -- CDBG GRANT
Flathead County's Agency on Aging has requested assistance to apply for a Community
Development Block Grant. Resolution 5610 schedules a public hearing for April 1st.
Russell gave a report.
Public Comment
Boyd Roth, 1343 6th Avenue East, commented on entitlements and the federal debt.
Saverud moved Resolution 5610, a resolution of intent by the City of Kalispell to give its assent
to Flathead County in a grant application submission to the Montana CDBG Public Facilities
Program for the purposes of partial funding for the construction of a facility to house the
Agency on Aging and setting a date for a public hearing. The motion was seconded.
Council Discussion
Hafferman remarked we do not have enough information on the project and therefore he cannot vote
on the grant application at this time.
Atkinson explained right now the county pays $52,000 a year for the Agency on Aging offices and
the grant would help pay for a new building. I Ie said additional information will be submitted along
with the grant application.
Mayor Fisher stated she shares Hafferman's concerns, but agreed more information will be
forthcoming with the completed application.
The motion carried upon roll call vote with Atkinson, Kenyon, Kluesner, Saverud, Zauner,
and Mayor Fisher voting in favor, Hafferman voting against, and Gabriel and Guiffrida
absent.
EI6. BOARD APPOINTMENT — 911 ALTERNATE REPRESENTATIVE
The council has been asked to appoint an alternate city representative to the Flathead Emergency
Communications Administrative Board.
Russell gave a report.
Mayor Fisher recommended councilor Jeff Zauner be appointed to serve as the alternate city
representative on the Flathead Emergency Communications Administrative Board.
Public Comment
None.
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Atkinson moved council accept the Mayor's recommendation and appoint councilor Jeff
Zauner as the alternate city representative on the Flathead Emergency Communications
Administrative Board. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon vote with Gabriel and Guiffrida absent.
F. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action)
Russell acknowledged the Impact Fee Committee and Urban Renewal Agency's work on various
issues.
Russell informed council there will be no work session held on March 11.
Mayor Fisher requested a work session be scheduled to look at capital funding and replacement of
transportation impact fees.
Kenyon commented he attended the hockey fundraiser and it was wonderfully done; he was very
impressed with the tight security and did not see any issues.
G. ADJOURN
The meeting was adjourned at 8:44 p.m.
Approved March 18, 2013
Theresa white
City Clerk
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