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01-20-15 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES JAN UARY 20, 2015 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayor and city council/meeting_s.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., TUESDAY, JANUARY 20, 20159 IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CHAD GRAHAM, PHIL GUIFFRIDA, ROD KUNTZ, SANDY CARLSON, KART GABRIEL, TIM KLUESNER AND WAYNE SAVERUD WERE PRESENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Police Chief Roger Nasset, Parks & Recreation Director Chad Fincher and Public Works Director Susie Turner. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL Guiffrida moved to approve the agenda as submitted. The motion was seconded by Kluesner. The motion carried unanimously upon vote. "I CONSENT AGENDA APPROVAL 1. Council Minutes -- Regular Meeting - January 5, 2015 01-05-15 Draft Council Minutes 2. 2015 Urban and Community Forestry Subaward Agreement Kalispell City Council Minutes January 20, 2015 Page 1 This is an approval of grant proceeds in the amount of $14,000 to be expended by the Kalispell Parks Department for new and replacement trees within the City's Urban Forest program. Urban and Community Forestry Subaward Agreement Atkinson moved to approve the Consent Agenda as submitted. The motion was seconded by Graham. The motion carried unanimously upon vote. C. COMMITTEE REPORT None D. 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 Manner of Addressing the Council. (Comments shall be limited to three minutes.) Lindsay Daniels, Public Comment Mrs. Daniels of 34 Trillium Way is representing Kalispell as Mrs. Kalispell in the Mrs. Montana beauty pageant and is hoping to win the title of Mrs. Montana and go on to the Mrs. America pageant. This pageant is similar to the Ms. America pageant but is designed just for married women. Her platform is Miracles for Mito to raise awareness of Mitochondrial Disease, a condition where the mitochondria in the body do not produce enough energy. This is an under researched genetic disease. Mrs. Daniels has a friend who has lost two children to this disease and who has a brother living with the disease. Mrs. Daniels spoke regarding volunteer efforts she has undertaken throughout the community and introduced her husband and children. Kurt Lafferman, Public Comment Mr. Hafferman of 1325 2nd Street West asked the Council to seriously consider supporting the water compact. He stated why he feels it is the best deal for the city of Kalispell. Jae Unterreiner, Public Comment Mr. Unterreiner with the Kalispell Chamber of Commerce shared the Chamber's annual report and a handout regarding issues they are working on in the legislative session. He said the Chamber has seen overwhelming support from their membership for local options tax authority. They also support a proposal to establish a trade office in Calgary to improve trade and tourism with Canada. Mr. Unterreiner spoke further about the Chambers position and priorities for the upcoming year. Kalispell City Council Minutes January 20, 2015 Page 2 E. REPORT SIRECOMMENDATIONS 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 Manner of Addressing the Council. (Comments shall be limited to three minutes.) 1. ordinance No. 1749 - First Reading - Pawn Shop Codes This ordinance requires electronic reporting to the police department by pawn shops and secondhand dealers, making related amendments to the Kalispell Municipal Codes. This Ordinance requires electronic reporting to the police department by pawn shops and secondhand dealers, making related amendments to the Kalispell Municipal Codes. Ordinance 1749 Atkinson moved to remove from the table the first reading of ordinance No. 1749, Pawn Shop Codes. The motion was seconded by Gabriel. The motion carried unanimously upon vote. City Manager Doug Russell provided a brief presentation on this item. Questions for staff. Atkinson moved to vote on the motion on the floor from the December 15, 2014 meeting to provisionally approve ordinance No. 1749, pawn shop codes. The motion was seconded by Gabriel. The motion failed upon vote with no one voting in favor, and Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz, Saverud and Mayor Johnson voting against. 2. ordinance No. 1751 - First Reading - Pawn Shop Codes This Ordinance is offered as an alternative to Ordinance No. 1749 and also requires electronic reporting to the police department by pawn shops and secondhand dealers and also includes language that addresses some concerns expressed to the City Council during public hearings. Ordinance 1751 City Manager Doug Russell provided a brief staff presentation on this item. Kalispell City Council Minutes January 20, 2015 Page 3 Questions for staff. Public Comment None. Kluesner moved to approve the first reading of ordinance 1751, 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 the effective date and authorizing the city attorney to codify the same. The motion was seconded by Gabriel. The motion carried unanimously upon vote. 3. Resolution No. 5701 - Resolution of Intent to Construct a `vest Side Interceptor Sanitary Sewer Conveyance Line This Resolution expresses the Council's intention to construct the sanitary sewer project known as the West Side Interceptor that will provide sewer conveyance capacity to the west and north portions of the City and to respond to rule deviations provided by Montana Department of Environmental Quality. WSI, Resolution 5701 City Manager Doug Russell provided a presentation on this item. Questions for staff. Councilor Graham asked about fiscal effects and how it will primarily be funded by impact fees. Councilor Graham asked about current collections of impact fees. Tom Jentz spoke to questions from Council. Public Works Director Susie Turner provided clarification for Council questions. Mayor Johnson asked about ERU's that may come online with the completion of commercial development. Public Comment Mayor Johnson opened public comment. Kalispell City Council Minutes January 20, 2015 Page 4 Ku rt Hafferm an, Public Comment Mr. Hafferman of 1325 2nd Street offered support for the resolution saying this is necessary construction. He then spoke to impact fee costs causing barriers to development of multi -family projects. Public comment closed. Discussion on the motion. Doug Russell referred to the information that was provided at the work session. Susie Turner spoke to questions posed about funding. Atkinson moved to approve Resolution 5701, a resolution of intent to construct a west side interceptor sanitary sewer conveyance line. The motion was seconded by Saverud. The motion carried unanimously upon vote. 4. FCEDA Memorandum of Understanding This motion is to authorize the City to enter into a Memorandum of Understanding with Flathead County Economic Development Authority regarding cost sharing of the final engineering costs for Phase I of the rail park project. MOU with FCEDA City Manager Doug Russell provided a presentation on this item. Public Comment None. Councilor Guiffrida provided discussion on the motion reaffirming his support for this project. Councilor Atkinson provided further discussion on this item saying this is another step toward developing a rail park and the ability to take the rails out of the middle of Kalispell. Mayor Johnson responded to public comment that was received earlier on this item, talking about the extreme complexity of this project. Kalispell City Council Minutes January 20, 2015 Page 5 Guiffrida moved to authorize the City to enter into a Memorandum of Understanding with Flathead County Economic Development Authority regarding cost sharing of the final engineering costs for Phase I of the rail park project. The motion was seconded by Atkinson. The motion carried unanimously upon vote. F. MAYORICOUNCILICITY MANAGER'S REPORTS (No Action} City Manager Doug Russell reported on the following: Work session on the 26th: Building Codes and fee schedules update and a discussion on Kalispell water rights that may be impacted by the water compact. Parking District: Mr. Russell asked the Council how they would like to proceed with a recommendation from the Planning Board related to the Parking District near the Flathead High School Area. He confirmed bringing this item before Council at the February 23rd work session. Report from the 911 Board Meeting and Funding Committee: At the 911 Board meeting and at the funding committee meeting after, discussion occurred regarding having a special election bringing this issue before the electorate again. Councilor Atkinson feels that the solution that was presented to the electorate was not only the best solution, but may have been the only solution. He would like to see the public educated about this item. Doug Russell confirmed that the Council is supportive of a special election. Councilor Saverud spoke to equity in the system and spoke regarding his support for a special election. Councilor Guiffrida asked a question about the parking district. Mr. Guiffrida asked for inventory of off street parking within the district and would like to know how many parking spaces are available to residents. Mayor Johnson reported on the following: Official vs. Citizen: If a Councilor or board member has a personal interest in an item before them, they should contribute as an individual citizen off the dais and at the podium instead of at the bench. These instructions should also be reiterated with the board members. Kalispell City Council Minutes January 20, 2015 Page 6 Good Decisions can Take Time: Mayor Johnson spoke to the time and energy that went into the new pawn shop ordinance, thanking staff and the Council for really delving deeply into the issue to come up with a good solution. He looks forward to putting the same type of thought and energy into future issues the Council will face. Accessing Funds: Mayor Johnson spoke to looking for infrastructure funds when they travel to meet with lawmakers in Washington D.C. and Helena. G. ADJOURNMENT The meeting was adjourned at 8 p.m. Ainlee B runckhorst, CM C City Clerk Minutes approved on February 2, 2015 Kalispell City Council Minutes January 20, 2015 Page 7