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08-03-15 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES AUGUST 3, 2015 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayor_and city council/meetingss.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., AUGUST 3, 2015, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. Mayor Mark Johnson presided. Councilors Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz, Saverud, and Mayor Johnson were present. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Deputy City Clerk Judi Funk, Planner Jarod Nygren, Finance Director Rick Wills, Captain of Administration Wade Rademacher, and Fire Chief David Dedman. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL Guiffrida moved to approve the agenda as submitted. The motion was seconded by Gabriel. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting - July 20, 2015 07-20 Minutes 2. Firefighter Confirmation Jonathan Hall has completed his probationary period with the Kalispell Fire Department and council confirmation is requested. Kalispell City Council Minutes August 3, 2015 Page 1 Firefighter Conf Atkinson moved to approve the consent agenda as listed. The motion was seconded by Kuntz. The motion carried unanimously upon vote. Fire Chief David Dedman introduced Jonathan (Jay) Hall of the Kalispell Fire Department who has completed his probationary period. Chief Dedman spoke about Mr. Hall and his accomplishments and why he will be a great asset to the Department. Mayor Mark Johnson pinned the Kalispell Fire Badge on new Fire Department member Jonathan Hall. Jonathan Hall thanked the Mayor, Council and staff at the Fire Department for this opportunity and stated he looks forward to a long career with this community. C. COMMITTEE REPORT None D. PUBLIC COMMENT Pam Carbonari, Public Comment Ms. Carbonari with the Downtown Business Association spoke regarding events going on in downtown Kalispell including Thursday!Fest The last Thursday!Fest on August 27 will include musical artists from the Crown of the Continent Guitar Festival. She also mentioned the Taste of Kalispell event on Thursday, September 3rd. The Downtown Association will also be hosting the Montana Association of Downtown's Conference at the Red Lion Hotel this year. This weekend Kalispell will have a Sizzling Summer Sidewalk Sale with over 20 businesses participating. Ms. Carbonari read a letter from the Kalispell Business Improvement District requesting that the Council hold a work session with the Kalispell Business Improvement District to discuss common issues and interests. The letter also stated some of the values of the District, goals for the future and listed some of the partnerships that the City and the District have achieved in the past. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. Ordinance 1758 - Second Reading - Kalispell Regional Healthcare - Zone Change Kalispell City Council Minutes August 3, 2015 Page 2 This Ordinance changes the zoning of a 9.55 acre site directly north of the existing hospital facilities from RA-1 (Residential Apartment) to H-1 (Healthcare). Ord 1758 City Manager Doug Russell provided a brief introduction to this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Guiffrida moved to approve Ordinance 1758 to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance (Ordinance 1677) by zoning certain real property more particularly described as tracts 5ABAA, 5ABA, 5ABB, 5ABD and 5ABH of Section 6, Township 28 North, Ranee 21 West, P.M.M., Flathead County, Montana, currently Zoned City RA-1 (Residential Apartment) to City H-1 (Healthcare) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded by Carlson. The motion carried upon vote with Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kuntz, Saverud, and Mayor Johnson voting in favor, and Kluesner voting against. E/2. Ordinance 1759 - Second Reading - Westside Neighborhood Parking Management Zone This Ordinance enacts certain motor vehicle and trailer curb parking regulations within a defined area adjacent to Flathead High School. Ord 1759 Councilor Kuntz recused himself from the vote and removed himself from the dais during the discussion on this matter. City Manager Doug Russell provided a brief presentation on this item. Councilor Guiffrida spoke regarding a letter received today from Karlene Osorio-Khor. Charles Harball spoke to the legal concerns of Ms. Osorio-Khor and the response to those concerns. Public Comment Mayor Johnson opened public comment. Kalispell City Council Minutes August 3, 2015 Page 3 Karlene Osorio-Khor, Public Comment Ms. Osorio-Khor spoke in detail regarding her concerns with the current Westside parking proposal included in this Ordinance. Ms. Osorio-Khor proposed that the Council table this Ordinance and examine the process used to discuss this issue over the past two years. She then outlined the agreement she would like to see passed through an amendment. Brian Lind, Public Comment Mr. Lind of 635 6th Ave West said he is in agreement with Karlene Osorio-Khor and further spoke regarding his concerns with trash and safety as a resident near the High School. Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead provided written comments with specific suggestions for amendments, and a letter listing her concerns regarding this Parking District. Seeing no further public comment, Mayor Johnson closed public comment. Atkinson moved to approve Ordinance 1759, enacting certain Motor Vehicle and Trailer Curb Parking Regulations within a defined area in the City of Kalispell adiacent to Flathead High School to be known as the Westside Neighborhood Parking Management Zone, declaring an effective date and authorizing the City Attorney to codify the same. The motion was seconded by Gabriel. Councilor Guiffrida provided discussion on the motion saying he agreed with Councilor Saverud during the first reading of this Ordinance and spoke in detail about his further thoughts on this motion. Councilor Saverud provided discussion on the motion saying his opinion has not changed and encouraged the Council to vote no on this Ordinance. Councilor Graham also provided discussion on the motion. Councilor Atkinson continued discussion on the motion. City Attorney Charles Harball answered a question from Councilor Atkinson. Atkinson moved to amend the motion to include a section 9.5 saying, No more than 100 Student -Teacher -District 5 employee permits will be available for purchase each year. The motion was seconded by Carlson. Councilor Atkinson spoke to his amendment to the motion. Kalispell City Council Minutes August 3, 2015 Page 4 Councilor Graham continued discussion on the amendment to the motion. Councilor Guiffrida continued discussion on the amendment to the motion. Councilor Kluesner provided discussion on the amendment to the main motion. The amendment to the motion failed upon vote with Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz, Saverud, and Mayor Johnson voting in opposition and Kuntz abstaining. Mayor Johnson provided discussion on the original motion. Councilor Saverud provided further discussion on the motion. Saverud moved to amend section 9, by striking 9.4 The specific side of the Street or Avenue shall change yearly as signed. The motion was seconded by Graham. City Manager Doug Russell provided information on the intent of section 9.4. The Council further discussed the amendment to the motion. The amendment to the motion failed upon vote with Atkinson, Carlson, Gabriel, and Mayor Johnson voting in favor, and Graham, Guiffrida, Kluesner, and Saverud voting against and Kuntz abstaining. Kluesner moved to amend the Ordinance to add to section 9.4, "January 1st of each year". The motion was seconded by Atkinson. The amendment to the motion carried unanimously upon vote with Kuntz abstaining. Vote to approve Ordinance 1759, enacting certain Motor Vehicle and Trailer Curb Parking Regulations within a defined area in the City of Kalispell adiacent to Flathead High School to be known as the Westside Neighborhood Parking Management Zone, declaring an effective date and authorizing the City Attorney to codify the same with the amendment to add to section 9.4, "January 1st of each year". The main motion as amended carried upon vote with Atkinson, Carlson, Gabriel, Kluesner, and Mayor Johnson voting in favor, Saverud, Graham and Guiffrida voting against, and Kuntz abstaining. Kalispell City Council Minutes August 3, 2015 Page 5 E/3. Resolution 5724 - Setting Permit Fees for the Westside Neighborhood Parking Management Zone This Resolution sets permit fees for the motor vehicle and trailer curb parking regulations within the defined area adjacent to Flathead High School as established in Ordinance 1759. Res 5724 Councilor Kuntz continued to abstain from discussing or voting on this matter. City Manager Doug Russell provided a presentation on this item. Councilor Gabriel began questions for staff. City Attorney Charles Harball explained staff would like to see parking fines in the city discussed in general at a future date. Councilor Gabriel continued questions for staff. Councilor Kluesner spoke regarding questions posed by Councilor Gabriel and then spoke regarding having resident vs. school passes differentiated in some manner. Councilor Graham provided discussion on the questions posed. Councilor Saverud continued questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Kluesner moved to approve Resolution 5724, a Resolution to set the Annual Parking Pass Fees for the Westside Neighborhood Parking Management Zone. The motion was seconded by Atkinson. Graham moved to amend the main motion to allow a refund of the permit fee for students that reside in the City of Kalispell. The motion was seconded by Guiffrida. Councilor Guiffrida asked for clarification on the amendment to the motion. The Council discussed the amendment to the motion. Kalispell City Council Minutes August 3, 2015 Page 6 The amendment to the motion failed upon vote with Graham, Guiffrida, Saverud and Mayor Johnson voting in favor, Atkinson, Carlson, Gabriel, and Kluesner voting against and Kuntz abstaining. Gabriel moved to amend the motion that in the third Whereas where it says $10 and in section one where it says $10, we change that price to $25. The motion was seconded by Kluesner. Councilor Carlson provided discussion on the motion. The Council further discussed the amendment to the main motion. Councilor Guiffrida provided discussion on the motion. The amendment to the motion carried unanimously upon vote with Kuntz abstaining. Councilor Gabriel asked for clarification regarding ticket fines. The main motion as amended carried upon vote with Atkinson, Carlson, Gabriel, Kluesner, Saverud, and Mayor Johnson voting in favor, Graham, and Guiffrida voting against, and Kuntz abstaining. F. MAYOR / COUNCIL / CITY MANAGER'S REPORTS (No Action) City Manager Doug Russell provided the following report: • Parkridge Street Closure may happen sooner than anticipated. • The Budget will be discussed at the next regular meeting. New tax valuations were received today, and will be distributed soon, after they have been reviewed. Councilor Kluesner asked questions related to tax assessments. City Manager Doug Russell answered questions regarding taxable values and valuations. City Manager Doug Russell continued his staff report. • Next work session will entail the Manager's evaluation. Councilor Atkinson spoke regarding the financial portion of the City Manager's Staff Report saying revenues exceeded estimates and expenditures were less than estimated. Councilor Atkinson commended staff. Kalispell City Council Minutes August 3, 2015 Page 7 City Manager Russell spoke to Councilor Atkinson's comments regarding the strong fiscal position the city is experiencing. Councilor Guiffrida thanked staff for initial efforts utilizing social media. He also said the Glacier Rail Park video that recently came out was well done and encouraged Council to watch it. Councilor Guiffrida asked for a motorcycle and bicycle helmet safety public service announcement to be added to social media at some point. Councilor Kuntz spoke in favor of the Pawn Shop Ordinance on the evidence that it is working. He also said that he and Councilor Atkinson will be establishing some town hall meetings for Ward 3. These will happen in the City Council chambers on the first Wednesday of every month, excluding September. Notifications of these meetings will go out via social media. Mayor Mark Johnson provided the following staff report: • Mayor Johnson spoke regarding decreases in building permits this year compared with last year and asked to see comparisons for the past 5 years with County building permits and septic permits in the past five years. • Mayor Johnson agreed with the comments made by Councilor Guiffrida applauding Councilor Kuntz for showing leadership to mediate in regards to the Westside Parking District. • Mayor Johnson spoke to Councilor Guiffrida's earlier comments regarding Committee appointees. • Mayor Johnson spoke regarding the recent Rebecca Farms Event Dinner, and the speech given by Jerome Broussard emphasizing that Kalispell is a wonderful home for the event for Rebecca Farms. They are performing an economic impact study on Flathead County for this event. In addition to having a tremendous economic impact in the valley, this event raises good money for cancer research in the name of Rebecca Broussard who lost her life to cancer. G. ADJOURNMENT The meeting was adjourned at 8:59 p.m. �: 0 , Aimee Brunckhorst, CMC City Clerk Minutes approved on: V\I_)`J Kalispell City Council Minutes August 3.2015 Page 8