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12/15/14 City Council MinutesDECEMBER 15,2014 View the minutes attached to the video of the meeting at: httQ://www.kalisRell.com/major and city counci eetings.hhb or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, DECEMBER 15, 2014, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CHAD GRAHAM, PHIL GUIFFRIDA, TIM KLUESNER, AND ROD KUNTZ, SANDY CARLSON, KARI GABRIEL, AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Police Chief Roger Nasset, Planning Director Tom Jentz and Public Works Director Susie Turner. Mayor Johnson called the meeting to order and led the Pledge of Allegiance. Atkinson moved to approve the Agenda. The motion was seconded by Guiffrida. The motion carried unanimously upon vote. i Waal 1. Council Minutes - Regular Meeting - December 1, 2014 December 1 2014 Council Minutes Saverud moved to approve the Consent Agenda. The motion was seconded by Atkinson. The motion carried unanimously upon vote. C. COMMITTEE REPORT - None Kalispell City Council Minutes December 15, 2014 Page 1 1 � f Chris Carter, Public Comment Ms. Carter of 74 Sage Lane explained that she and her friend Astaras Drolkar are planning on organizing and establishing an off leash dog park in Kalispell. They will be asking the Council and staff for support. They handed out a flyer on this effort. Fred Hammel, Public Comment Mr. Hammel of 505 South Avenue West spoke regarding parking prohibitions during emergencies in the alleys and streets near the High School, saying he does not feel these prohibitions are enforced. He said the plows have to go farther into the street because of the lack of compliance with these regulations. John Goyer, Public Comment Mr. Goyer of 227 Fourth Street East spoke regarding the removal of young, dead trees within the city. He spoke regarding a large number of elm trees that are dead within the city and how overwhelming that is for the forestry crew. He is concerned regarding the public's safety and spoke in favor of moving assets towards efforts to remove dead trees. Eugene Thomas, Public Comment Mr. Thomas of 733 3rd Avenue East spoke regarding cutting taxes for the tax payers of Kalispell. He spoke to the number of city vehicles in use and what will happen to the budget that is saved by the reduction in gas prices. He spoke regarding charging for shopping in Kalispell as a way to increase city revenue. Public Comment Closed Council accepted comments concerning a proposal to expand the Light Maintenance District to include all properties within the City of Kalispell and adjust assessments. Public Comment Randy Brodehl, Public Comment Mr. Brodehl of 16 White Park is part of Glacier Commons Homeowners Association which has a private lighting system. He referred to an agreement stating that the homeowners would pay for the cost of the lights. He spoke in opposition to amending the light maintenance district within the city. Kalispell City Council Minutes December 15, 2014 Page 2 Fred Hammel, Public Comment Mr. Hammel of 505 Seventh Avenue West said County residents should also have to pay for light maintenance as they are using the traffic lights too. Sunny Carlon, Public Comment Ms. Carlon of 195 Lupine said the subdivision she lives in pays for their own lighting. She is opposed to an increase in addition to what they are already paying. She also feels the County should have to contribute to the costs of lighting. Eugene Thomas, Public Comment Mr. Thomas of 733 Third Avenue East said he walked to the meeting tonight and spoke of the comfort he felt being able to see the stars when he was not under a street light. He does not feel there is a need for more lighting, and feels this light maintenance district is a tax burden. Barry Sartain, Public Comment Mr. Sartain lives in Silverbrook Estates and said they pay for their street lights and he feels if this assessment amendment passes they will be subsidizing the rest of the lights in the city. Seeing no further public comment, Mayor Johnson closed public comment. Public Hearing Closed. F/I. Ordinance No. 1750 First Reading - Expanding and Adiustinm the Assessment ,the Light Maintenance District This ordinance expands the Light Maintenance District to include all properties within the limits of the City of Kalispell and adjusts the assessment rate. Ordinance 1750 materials City Manager Doug Russell began the staff presentation on this item. He spoke regarding the history of this process. Public Works Director Susie Turner continued the presentation further explaining the history behind this community process and provided details of the proposal before the Council. She provided a PowerPoint presentation. She explained what this district would pay for. She spoke of the benefits the entire community receives with the street lighting. Ms. Turner explained how work sessions were utilized to determine what routes should be included, who would benefit from the district and what costs were associated with the lights within the city. $385,000 is Kalispell City Council Minutes December 15, 2014 Page 3 required to sustain the fund. Ms. Turner went into detail about how the assessment adjustment would be calculated if this Ordinance is passed providing examples for typical parcels. Council Questions for Staff Councilor Graham said he lives in a private street light system with a Homeowners Association (HOA). He said the increase under consideration for the street light systems does not relate to the private systems in an HOA. The benefit is derived from the lights within the community that are used throughout the day. Councilor Atkinson clarified with staff that the city will not be taking over HOA private lighting systems. Mr. Atkinson clarified the current assessment and future assessment rate if this passes. He also clarified with staff how many city residents are currently not paying any lighting assessment because they are not within 300 feet of a light. He mentioned that 50% of the lighting included in the assessment is for community lighting such as traffic lights, park lights, etc. Councilor Saverud clarified that the last rate increase was 11 to 12 years ago. Public Comment Fred Hammel, Public Comment Mr. Hammel of 505 South Avenue West does not feel this assessment is fair. John Goyer, Public Comment Mr. Goyer of 227 Fourth Street East asked if this projection considers 5 to 10 years into the future. He spoke to the increase inproperty taxes he has experienced over the years. Mr. Gardel, Public Comment Mr. Gardel referenced the 4th paragraph in the Ordinance and said he would ask that the impact on the Homeowner's Association be considered to a greater extent. He also spoke to the cost of the assessment. Sunny Carlon, Public Comment Ms. Carlon of 195 Lupine said the homeowner's in her subdivision pay $200 to $300 for the light maintenance in her homeowners association. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Kalispell City Council Minutes December 15, 2014 Page 4 Graham moved to approve Ordinance 1750, an ordinance expanding the City of Kalispell Light Maintenance District and adjusting the rates therein pursuant to the authority provided by and under the procedures of MCA 7-12-4301, authorizing the city attorney to codify the same and declaring an effective date. The motion was seconded by Kluesner. Council Discussion Mayor Johnson provided discussion on the motion. He spoke to the fact that the rates had not been adjusted in twelve years while the costs went up. He said this is a philosophical question regarding who pays for what within the community. Under the current assessment system, only some of the residents have been paying while all have received the benefits. He spoke regarding the projections that were calculated and the need to review the assessment every three years and why the council chose to go with a bi-furcated rate system. He then said this leads to a level of service question. Councilor Atkinson said the Mayor's summary was well stated. He then clarified with staff that the projection is for six years and asked the present budget for the light assessment. Ms. Turner explained the budget projections. Councilor Atkinson said that all the citizens are benefitting from the lighting throughout the city while only some of the citizens have paid for it in the past. He understands everyone will be paying more, but the citizens of Kalispell want this level of service. Councilor Guiffrida said it is important to realize how much time the Council and staff have put into this assessment amendment. They started considering how this assessment should be handled in the spring of 2013 and have revised the original proposal after much discussion and consideration. He said the comments related to County residents benefitting but not paying for the lights would need to be changed by the State Legislature. He spoke regarding the state blocking the ability of the city to have people that do not reside in the city help pay for the infrastructure they benefit from when they visit. He explained that the City Council would like to work with State Legislature representatives to change this law. Councilor Guiffrida spoke further about the discussion, time, consideration and effort that has gone into coming to this assessment configuration and why they came up with the formula that is before the Council now. Councilor Kluesner spoke to the fact that in one year the district would be in the red without this assessment modification. He does not like taxes, but the Council and staff have thoroughly analyzed the lighting district. He stressed that everyone in the city benefits from the lighting and now everyone in the city will help pay for it. He referred to public comment saying there are a lot of things that taxpayers fund that others benefit from. Council has asked legislators to help us Kalispell City Council Minutes December 15, 2014 Page 5 recoup some of these costs from outside users who use our systems but do not pay for it. He would encourage city residents to look at this issue. He spoke regarding the actual assessment increase that would be involved with this amendment. He thanked staff for the thorough analysis they have done on this item. Councilor Kuntz spoke regarding people being on fixed budgets and how his taxes have gone up since 2008 but said this assessment promotes the general welfare of our community, and this is a small, but necessary price to pay. The motion carried unanimously upon vote. This ordinance provides approval and conditions for a planned unit development located east of Highway 93 South, south of Lower Valley Road, and north of Snowline Lane. Ordinance 1748 materials City Manager Doug Russell provided a brief presentation on this item. Public Comment None. Atkinson moved to approve Ordinance 1748, 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 Tract 7C in the northwest quarter of Section 33, 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 by Guiffrida. The motion carried upon vote with Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kuntz, Saverud voting in favor, and Kluesner and Mayor Johnson voting against. City Manager Doug Russell provided a brief presentation on this item. He spoke in detail regarding the process that was used to get to this point in this proposal, and the concerns and subsequent solutions that had been presented. Kalispell City Council Minutes December 15, 2014 Page 6 Questions for Staff None. Public Comment None. Gabriel moved to approve Ordinance 1749, Pawn Shop Regulations, an ordinance amending Chapter 20 of the Kalispell Municipal Codes relating to Pawnbrokers, Junk and Secondhand Dealers, rescinding KMC 20-1 through 20-10 and replacing the rescinded parts as set forth, declaring an effective date and authorizing the city attorney to codify the same. The motion was seconded by Carlson. Council Discussion Councilor Gabriel thanked Captain Warnell and Chief Nassat and other staff for working with the community on this piece of legislation and for the extent of public participation. Councilor Guiffrida said he does appreciate the work that was done with this but he still has some problems with the Ordinance and will not be voting in favor. The first concern is with section 20-7 internet subscription requirements because the enforcement is buried within this title and he would like it separated. He also does not like the idea that if a pawn shop fails to report by 5 p.m., the police shall issue a cease and desist order. He feels a monetary fine would be more appropriate. Guiffrida mentioned the many other avenues that people can sell stolen property besides through a pawn shop. Mr. Guiffrida would however agree with the initial goal to have pawn shops comply with the LeadsOnline program. Councilor Kuntz said the easiest thing would be to have the local pawn shops add items to LeadsOnline voluntarily. He spoke in opposition of the ability per the state statute reference in the Ordinance for anyone to look into pawn shop records. He would like to see the addition of language saying other people can see the records when accompanied by a law enforcement officer. He will be voting no. Councilor Atkinson said he also has concerns about others having access to the records and the verbiage "shall cease and desist" within the Ordinance. Atkinson moved to table Ordinance 1749, Pawn Shop Regulations to the second regular meeting in January. The motion was seconded by Saverud. The motion carried upon vote with Atkinson, Carlson, Kluesner, Kuntz, and Saverud voting in favor, and Gabriel, Graham, Guiffrida and Mayor Johnson voting against. Kalispell City Council Minutes December 15, 2014 Page 7 This resolution calls for a public hearing upon a request to transfer $10,976.02 from the Drug Enforcement Grant fund to the Law Enforcement Fund, and to authorize the use of the funds to go toward "in -car" camera systems. City Manager Doug Russell provided a staff presentation on this item. Questions for Staff Councilor Guiffrida asked whether staff anticipate anything else that would require the contingency funds. Mr. Russell answered questions posed by Council regarding the contingency. Mayor Johnson asked about exploring on -officer cameras. Chief Nassat said he has investigated these cameras and there are pros and cons to on -officer cameras and substantial costs to them. Mr. Russell spoke regarding the possibility of public records requests for video content and the costs associated. Public Comment None. Guiffrida moved to approve Resolution No. 5698, setting a public hearing to amend the annual appropriations for the City of Kalispell, Montana as set forth in the 2014-2015 budget adopted by the City Council. The motion was seconded by Kluesner. The motion carried unanimously upon vote. Tno r. This resolution authorizes amending the Series 2010 Immanuel Lutheran Corporation Project Bond documents to allow an adjustment of the interest rate. Kalispell City Council Minutes December 15, 2014 Page 8 City Manager Doug Russell provided a brief staff presentation on this item. City Attorney Charlie Harball provided further details on this item saying what a benefit this item is to the community. Public Comment None. Saverud moved to approve Resolution 5697, a resolution relating to amendments to the city's outstanding Conduit Revenue Housing and Healthcare Facilities Revenue Bond (Immanuel Lutheran Corporation Project), Series 2010; and authorizing the amendment to certain documents related thereto. The motion was seconded by Atkinson. Councilor Saverud explained that when this was first before the Council in 2010 he abstained from the vote because of the potential of a conflict of interest. He is no longer on the board and has retired and no longer has a potential conflict of interest. He will be voting yes for this resolution as it is a great benefit to the community and the cities involvement is strictly in a legal capacity and bares no risk or liability. The motion carried unanimously upon vote. City Manager Doug Russell reported that there will not be a work session for the next two weeks and the next regular meeting will be the first meeting in January. Pawn Shop Ordinance Doug Russell began a discussion with Council regarding how they would like to move forward with the pawn shop ordinance again. City Attorney Charlie Harball spoke to the need to reword the 1947 Ordinance. Council and staff decided to have another work Session for the Pawn Shop Ordinance. Councilor Graham said this year has gone quickly and it has been a privilege to work with this council and staff over the past year. He also wished everyone a Merry Christmas and Happy New Year. Mayor Johnson said it has been an interesting and challenging year, but the Council works well together. Kalispell City Council Minutes December 15, 2014 Page 9 Condition of the Trees Mayor Johnson asked for a status on the condition of the trees. City Manager Doug Russell referred to the most recent City Manager's report saying there are about 100 to 130 dead trees that will be prioritized for removal. Mayor Johnson spoke to the way the Council views equity within the city and level of service and how that relates to the Council's decision regarding the light maintenance district amendment. He spoke regarding the importance of public comment. Mayor Johnson spoke to why he voted no on the planned unit development tonight. His biggest consideration was that the developer was not running the application forward. As we move forward with PUD's, he will look to see the developer showing up so they can answer to the promises that they have made. Mayor Johnson spoke to the Pawn Shop Ordinance, saying there are definite improvements in the new ordinance. The bigger issues of personal privacy, is a constitutional question. When the Council looks to state law, we must follow state law; we cannot do anything more restrictive than state law. This is something we need to push up to state legislators. If the state law adjusts, the city ordinance will adjust. He does agree that "shall" issue a cease and desist is a specific command, but does not like the alternative of having the chief pick and choose. UU i The meeting was adjourned at 8:35 p.m. Prepared and attested by: Brunckhorst, CMC City Clerk Approved January 5, 2015 SEAL 1892 NN Kalispell City Council Minutes December 15, 2014 Page 10