06/03/13 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P,M., MONDAY, JUNE 39 20139 IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA, MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS
JIM ATKINSON, KARI GABRIEL, PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY
KENYON, TIM KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT.
Also present: Planning Director Tom Jentz, Adjutant City Attorney Rich Hickel, City Clerk Theresa
White, Police Chief Roger Nasset, Public Works Director Susie Turner, 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,
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting — May 20, 2013
2. Ordinance 1724 — Floodplain Ordinance Update — 2nd Reading
Proposed amendments include several changes to the text of the existing Kalispell Floodplain
Management Ordinance. Those changes consist of updated definitions and additional
references to mandatory aspects of the Code of Federal Regulations. Ordinance 1724
unanimously passed first reading May 20th.
3. Bid Award - South Woodland Drive Water Distribution System Improvement Prop ect
Bids were received from LHC, Sandry Construction, and NCC Neumann Construction. Staff
recommended the contract be awarded to NCC Neumann in the amount of $290,881.60.
Saverud moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon roll call vote,
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Kalispell City Council Minutes
June 3, 2013
Page 1
This ordinance amends the regulations for permitting alcohol at special events on city -owned
property. Ordinance 1725 (as amended) passed first reading May 20th on a 7-1 vote.
Hickel gave a report.
Public Comment
Joe Apple, 203 Garland Street, spoke against the relaxation of rules already in place, stating there is a
huge alcohol problem in the valley.
Jill Frampton, Whitefish, representing the Flathead County Tavern Association, spoke against the
ordinance, stating the rules in place are not adequate to deal with the responsibility of serving
alcohol.
Pam Carbonari, representing the Kalispell Downtown Association and Business Improvement
District, urged council to pass the second reading of Ordinance 1725.
Guiffrida moved second reading of Ordinance 1725, an ordinance amending the City of
Kalispell Municipal Code regarding the sale, service, consumption or possession of an open
container of any alcoholic beverage in or upon any building or other property owned or
occupied by the city as codified at Kalispell Municipal Codes 3-18 and 19-20, declaring an
effective date, and authorizing the city attorney to codify the same. The motion was seconded,
Council Discussion
Hafferman remarked he cannot understand why council wants to include Depot Park, the Lakers
baseball field, and the Airport in the ordinance, stating there are plenty of other venues to sell alcohol
for fundraisers.
Guiffrida commented this is a well written plan and reminded everyone that Depot Park is part of the
Core Area Plan and will be used to bring events to Kalispell.
There was discussion concerning TIPS training for persons selling/serving alcohol and staff
answered questions.
Mayor Fisher moved to amend 3-18, Section C. as follows: "...beer and/or wine, and shall
ensure that a TIPS trained volunteer or employee is present at the point of sale". The motion
was seconded.
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June 3, 2013
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The amendment carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Kluesner,
Saverud, Zauner, and Mayor Fisher voting in favor, and Gabriel and Hafferman voting
against.
Gabriel moved to add the words "and service" after "sale". The motion was seconded.
There was further discussion.
The amendment carried upon roll call vote with Atkinson, Gabriel, Kluesner, Saverud, and
Mayor Fisher voting in favor, and Guiffrida, Hafferman, Kenyon, and Zauner voting against.
Saverud moved to amend Section B by striking "the Kalispell City Airport". The motion was
seconded.
There was further discussion.
The amendment carried unanimously upon roll call vote.
The main motion, as amended three times, carried upon roll call vote with Gabriel, Guiffrida,
Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, and Atkinson, Hafferman, and
Kenyon voting against.
RI a-M 11111111 loom
This is a request to annex .77 acres of land containing a single family residence located at 205
Leisure Drive.
Jentz gave a report and answered questions.
Public Comment
None.
Kenyon moved Resolution 5624, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property described as
Tract 3D in the northwest quarter of the northwest quarter of Section 21, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana, to be known as Richter Addition No. 418;
to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an
effective date. The motion was seconded,
Council Discussion
None.
The motion carried unanimously upon roll call vote.
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D/3. ORDINANCE 1726 ZONING REOUEST MARILYNN RICHTER 1ST
READING
Richter requested a zoning designation of R-2, Residential, on the above annexed property.
Public Comment
None.
Saverud moved first reading of Ordinance 1726, an ordinance to amend Section 27.02.010,
official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning
certain real property more particularly described as Tract 3D in the northwest quarter of the
northwest quarter of Section 21, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, (currently zoned County R-I (Suburban Residential) to City R-2
(Residential)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective
date. The motion was seconded,
Council Discussion
None.
The motion carried unanimously upon roll call vote,
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This is a request for annexation of .5 acres of land located at 57 Appleway Drive.
Jentz gave a report and answered questions.
Public Comment
Gabriel moved Resolution 5625, a resolution to provide for the alteration of the boundaries of
the City of Kalispell by including therein as an annexation certain real property described as
Tract 16A in the northwest quarter of the northeast quarter of Section 13, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana, to be known as Orchard Village Addition
No. 419; to zone said property in accordance with the Kalispell Zoning Ordinance, and to
declare an effective date. The motion was seconded,
Council Discussion
None.
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June 3, 2013
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The motion carried unanimously upon roll call vote,
D/5. ORDINANCE 1727 — ZONING REOUEST — ORCHARD VILLAGE., LLP — IST
READING
Orchard Village requested a zoning designation of B-2, General Business, on the above annexed
property.
Public Comment
Gabriel moved first reading of Ordinance 1727, an ordinance to amend Section 27.02.010,
official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by zoning
certain real property more particularly described as Tract 16A in the northwest quarter of the
northeast quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana, (currently zoned County R-I (Suburban Residential) to City B-2 (General
Business)) in accordance with the Kalispell Growth Policy 2020, and to provide an effective
date. The motion was seconded,
Council Discussion
The motion carried unanimously upon roll call vote,
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Orchard Village also requested a conditional use permit for the above mentioned property to
construct a 4-plex to be incorporated into the Orchard Village Apartment complex located
immediately to the east.
Jentz gave a report and answered questions.
Public Comment
None.
Guiffrida moved council approve the Conditional Use Permit for Orchard Village, LLP with
the listed conditions. The motion was seconded,
Council Discussion
None.
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June 3, 2013
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The motion carried unanimously upon roll call vote.
Kluesner noted Kidsports held the 3 Blind Refs soccer tournament this weekend and 137 teams
participated.
Atkinson congratulated everyone who graduated this weekend.
Mayor Fisher also congratulated her niece, Ashley, on her graduation.
The meeting was adjourned at 8:45 p.m.
Theresa White
City Clerk
Approved June 17, 2013
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June 3, 2013
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