07/01/13 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.,
MONDAY, JULY 19 20139 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL,
MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON,
PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, AND WAYNE
SAVERUD WERE PRESENT. COUNCIL MEMBERS KARI GABRIEL AND JEFF ZAUNER
WERE ABSENT.
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White,
Captain of Administration Wade Rademacher, Planning Director Tom Jentz, 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 Zauner absent.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting — June 17, 2013
2. Grant Acceptance — CDBG-ED Pro ram
The city, on behalf of Flathead Valley Community College, has been awarded $359,500 in grant
funding to allow the college to purchase vehicles for the training of construction equipment
operators.
Saverud moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote with Gabriel and Zauner absent.
C. PUBLIC COMMENT
Marcie Bumke, 55 Westbriar Court, spoke regarding the 100 homeless high school students in Kalispell,
stating they are asking for help from local agencies to find a safe, temporary shelter for these kids.
Matthew Heller, 808 Sunnyside Drive, detailed the traffic problems on Sunnyside Drive since the bypass
opened and requested help with a solution.
Eugene Thomas, 733 3rd Avenue East, stated he is displeased the city is planning to spend thousands of
dollars to purchase software in order to conduct electrical inspections when the current process is working
fine.
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Richard Frisk, 161 Indian Trail Road, #2, agreed with Thomas that the state has a good electrical
inspection program in place and he doesn't see how the city can better it.
Jim Cossitt, 12316th Street West, speaking on behalf of himself and Justin Ahmann, criticized council for
advertising for impact fee committee members, but not appointing anyone.
D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
D/1. CONDITIONAL USE PERMIT — MUNRO
Craig and Debbie Munro have requested a conditional use permit to operate a casino at 1121 Highway 2
West in the former Roscos Dollar Store.
Jentz gave a report and answered questions.
Public Comment
Craig Munro, applicant, noted they plan to hire 10-12 employees, and even though there will be a liquor
store attached and players can have a drink, there will not be a separate bar.
Guiffrida moved council approve the conditional use permit for Craig and Debbie Munro to
operate a casino in the former Roscos Dollar Store. The motion was seconded.
Council Discussion
Guiffrida noted the dissenting vote on the planning board was due to concern of too many casinos, and
not with this specific application.
The motion carried unanimously upon roll call vote with Gabriel and Zauner absent.
D/2. CONDITIONAL USE PERMIT — SMITH
Julie Smith has requested a conditional use permit to operate an accessory casino at 1250 Highway 2
West in the former Sizzler Restaurant.
Jentz gave a report and answered questions.
Public Comment
Pam Carbonari, Kalispell Downtown Association (KDA), encouraged council to vote in favor of the CUP
stating it is a good use for the location and the Smith's already have the property looking much better.
Julie Smith, 1885 Browns Meadow Road, applicant, noted the main area will be a restaurant, alcohol will
be available, and they plan to hire approximately 30 employees.
Guiffrida moved council approve the conditional use permit for Julie Smith to operate an accessory
casino in the former Sizzlers Restaurant. The motion was seconded.
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Council Discussion
Guiffrida reiterated the same issue with too many casinos prompted the dissenting vote at the planning
board hearing.
The motion carried unanimously upon roll call vote with Gabriel and Zauner absent.
D/3. ORDINANCE 1728 — PUD OVERLAY — GARDNER INVESTMENTS & FRED' S
APPLIANCE —1ST READING
This is a request for a Planned Unit Development overlay on two undeveloped tracts of land located
immediately north of Mergenthaler Transport on the east side of US Highway 93 South.
Jentz gave a report and answered questions.
Public Comment
Todd Gardner, 3100 Highway 93 South, emphasized the request is for a simple PUD on two existing lots.
Atkinson moved first reading of Ordinance 1728, an ordinance to amend Section 27.02.010, official
zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by attaching a Planned
Unit Development Overlay on certain real property currently zoned B-5 (Industrial/Commercial),
more particularly described as Lots 1 and 2 of the Mergenthaler Subdivision in the northwest
quarter of the southwest quarter of Section 28, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded.
Council Discussion
Hafferman stated the project is nothing more than a minor subdivision and there is no reason to justify the
use of a PUD.
There was discussion regarding traffic analyses and anticipating right of way acquisition.
Hafferman moved that any "Reference to a PUD in the ordinance be eliminated and the staff be
directed to review and approve this application in accordance with the minor subdivision
application procedure. If all minor subdivision requirements have been met, the staff can approve
this application and it need not again come before the council." The motion was not seconded.
Harball explained Hafferman's motion is procedurally incorrect because the applicant's request is for a
PUD. He said the council needs to vote on the main motion first.
Guiffrida said the city is following the letter of the law and a PUD is appropriate.
The main motion carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Kluesner, Saverud,
and Mayor Fisher voting in favor, Hafferman voting against, and Gabriel and Zauner absent.
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1 ! PANHANDLING READING
This ordinance places certain restrictions on panhandling within the city limits.
Russell gave a report and staff answered questions.
Public Comment
Jim Cossitt, 1231 6th Street West, remarked the ordinance is offensive because it is discriminatory and
overbroad. He stated it is fatally flawed and accused council of acting on behalf of a private entity.
Sherry, stating she is homeless, said she needs to panhandle in order to survive and asked council not to
make her a criminal.
Guiffrida moved first reading of Ordinance 1729, an ordinance amending the City of Kalispell
Municipal Code regarding certain restrictions on the act of panhandling to be codified at Chapter
19, declaring an effective date, and authorizing the city attorney to codify the same. The motion was
seconded.
Council Discussion
Kenyon questioned the proposed distance from a street, asking where a person can panhandle anywhere in
the city and be 50 feet from a street.
Hafferman and Kluesner also spoke against the 50 foot rule.
Guiffrida remarked the 50 foot rule is an intersection safety issue.
Mayor Fisher moved to amend the ordinance as follows:
1) replace "fifty feet" with "twenty feet" wherever it appears in the ordinance;
2) amend 19-19(A), third sentence, by replacing "city street or highway" with
"intersection";
3) delete 19-19(C) (5); and
4) delete 19-19 (E) in its entirety.
The motion was seconded.
There was further discussion.
The amendment carried upon roll call vote with Atkinson, Guiffrida, Hafferman, Kluesner,
Saverud, and Mayor Fisher voting in favor, Kenyon voting against, and Gabriel and Zauner
absent.
Mayor Fisher moved to amend 19-19(C) (4) to add "intersection" after street as follows: "Within
twenty feet of any street intersection or highway intersection". The motion was seconded.
There was no discussion.
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The amendment carried unanimously upon roll call vote with Gabriel and Zauner absent.
Mayor Fisher moved to delete 19-19(C)(3). The motion was seconded.
There was discussion.
The amendment carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Saverud, and Mayor
Fisher voting in favor, Hafferman and Kluesner voting against, and Gabriel and Zauner absent,
Saverud noted this ordinance also removes archaic language concerning loitering and vagrants from the
city code.
The main motion, as amended three times, carried upon roll call vote with Atkinson, Guiffrida,
Hafferman, Kluesner, Saverud, and Mayor Fisher voting in favor, Kenyon voting against, and
Gabriel and Zauner absent,
D/5. ALCOHOL SPECIAL EVENTS PERMIT REQUEST — TASTE OF KALISPELL
The Kalispell Downtown Association is requesting a permit to sell alcohol as part of its annual Taste of
Kalispell event at Central School on August 10.
Russell gave a report.
Public Comment
Pam Carbonari, KDA, explained they are the organizing entity and all of the money raised is going to the
Central School Museum.
Kenyon moved council approval of the special event permit to allow for the consumption and sale
of alcohol for the Taste of Kalispell event to be held on the grounds of the Central School Museum
on August 10. The motion was seconded,
Council Discussion
None.
The motion carried unanimously upon vote with Gabriel and Zauner absent.
D/6. ALCOHOL SPECIAL EVENTS PERMIT REQUEST — ARTS IN THE PARK
The Hockaday Museum of Art is requesting a permit to sell alcohol as part of its 45 Ih Annual Arts in the
Park Festival at Depot Park July 19-21.
Russell gave a report.
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Public Comment
Liz Moss, Executive Director, Hockaday Museum of Art, thanked council for giving them this
opportunity.
Pam Carbonari, KDA, spoke in favor of the Arts in the Park permit.
Kenyon moved council approval of the special event permit to allow for the consumption and sale
of alcohol for the Arts in the Park event to be held on the grounds of Depot Park on July 19-21. The
motion was seconded,
Council Discussion
Hafferman voiced his displeasure with allowing alcohol in Depot Park.
The motion carried upon vote with Atkinson, Guiffrida, Kenyon, Kluesner, Saverud, and Mayor
Fisher voting in favor, Hafferman voting against, and Gabriel and Zauner absent.
E. MAYOR/COUNCIL/CITY MANAGER/REPORTS (No Action)
Russell presented the results of the Citizen Survey.
Russell informed council the next work session will focus on the status of assessment funds and a
discussion of 911 and the interlocal agreement.
Russell asked for a council consensus concerning the election this November. Council members opted for
a poll election rather than a mail election, citing the much higher cost difference for a mail election that
did not produce a higher voter turnout as expected in 2011.
F. ADJOURN
The meeting was adjourned at 10:26 p.m.
Theresa White
City Clerk
Approved July 15, 2013
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