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09-04-18 City Council Meeting MinutesMONTANA CITY COUNCIL MEETING MINUTES TUESDAY, September 4, 2018, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Council President Graham called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Present Council President - Chad Graham: Present Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Present Council Member - Kyle Waterman: Present Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Finance Director Rick Wills, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Public Works Director Susie Turner, and Police Captain Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve Page 1 of 11 Kalispell City Council Minutes, September 4, 2018 The motion passed unanimously on voice vote with Councilor Carlson and Mayor Johnson absent. E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. m Council Minutes — August 20, 2018 a Motion and Vote to approve the consent agenda. Council Member - Wayne Saverud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote with Councilor Carlson and Mayor Johnson absent. F. 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 the proper manner of addressing the council. Please limit comments to three minutes. Council President Graham opened general public comment. Seeing none, Council President Graham closed public comment. G. REPORTS, RECOMMENDATIONS, 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 the proper manner of addressing the council. Please limit comments to three minutes. 1. Resolution 5896 — Adoption of the Water Facility Plan Update m a This resolution would approve the adoption of the Kalispell 2018 Water Facility Plan Update. Public Works Director Susie Turner provided the staff report on this item. Public Comment Council President Graham opened public comment. Seeing none, he closed public comment. Page 2 of 11 Kalispell City Council Minutes, September 4, 2018 Motion and Vote to approve Resolution 5896, a resolution to approve and adopt the City of Kalispell 2018 Water Facility Plan Update. Council Member - Phil Guiffrida: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Carlson and Mayor Johnson absent. 2. Resolution of Intent 5897 — Growth Policy Amendment -- Eagle Valley Ranch m Planned Unit Development ' a This resolution would call for a public hearing at the regular City Council meeting scheduled on September 17, 2018 regarding the Council's intent to consider a growth policy amendment for designation of 41-acres currently known as the Valley Ranch PUD from Suburban Residential to Urban Mixed Use. City Attorney Charles Harball and Senior Planner Jarod Nygren provided a brief report on this item. Public Comment Council President Graham opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 5897, a resolution of intention to adopt, revise or reiect a recommended amendment to the Kalispell Growth Policy — Plan It 2035 to amend the designation of a 41 Acre Tract of Land more specifically described as the South half of the North half of the Southwest Quarter of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, P.M.M., Flathead County, Montana and to call for a public hearing. Council Member - Phil Guiffrida: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve Page 3 of 11 Kalispell City Council Minutes, September 4, 2018 The motion passed unanimously on roll call vote with Councilor Carlson and Mayor Johnson absent. 3. Montana Base Camp RV Park - Growth Policy Amendment Annexation PUD/Zoning and Preliminary Plat Request a This request from Basecamp Outpost, LLC is to develop a 50.33-acre site located south of the 4-lane alternate 93 roundabout west of U.S. Highway 93, north of Ashley Meadows and east of Ashley Creek into a 330 space RN park. Senior Planner Jarod Nygren provided the staff report on this item. Council began questions for staff. Public Comment Council President Graham opened public comment. And Matthews, Public Comment Mr. Matthews, owner of Montana Base Camp spoke regarding the R.V. parking areas and why they would like to use gravel for the sites. Rob Smith, Public Comment Mr. Smith with A to Z Engineering, the representative for the owner, spoke to the concerns council has raised regarding gravel R.V. parking areas. He also asked for an amendment to the conditions under consideration regarding the berm on the northern edge of the property. He would like additional flexibility within this condition. Resolution 5898A, 5898B, 5898C - Growth Policy Amendment This resolution would adopt, revise, or reject a growth policy amendment on the subject 50.33-acres of land from Urban Residential to Urban Mixed Use. Motion to approve Resolution 5898A, a resolution adopting an amendment to the Kalispell Growth Policy — Plan It 2035 on 50.33 acres of property located at 3260 Highway 93 South in Flathead County, Montana, by changing the designation of land from "Urban Residential" to "Urban Mixed Use", to be known as the Montana Base Camp Growth Policy Amendment. Discussion on the motion. Vote on the motion. Council Member - Phil Guiffrida: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Page 4 of 11 Kalispell City Council Minutes, September 4, 2018 Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Carlson and Mayor Johnson absent. b. Resolution 5899 — Annexation This resolution would annex 4.27-acres of land abutting applicant's property into the City with an initial zoning of B-2 overlaid with a commercial planned unit development zoning. Motion to approve Resolution 5899, 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 a Tract of Land within Parcel 10 of COS 15617 and as further described on Exhibit "A" in Sections 28 and 32, Township 28 North, Range 21 west, P.M.M., Flathead county, Montana, to be known as Montana Base Camp Addition No. 440, to zone said property in accordance with the Kalispell zoning ordinance, and to declare an effective date. Council Member - Tim Kluesner: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Carlson and Mayor Johnson absent. c. Ordinance 1812 — First Reading - PUD/Zoning This ordinance would apply B-2 Zoning with a commercial planned unit development zoning overlay on the subject 50.33 acres. Motion to approve the first reading of Ordinance 1812, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by creating a Commercial Planned Unit Development Overlay Zone, to be known as Montana Base Camp PUD, over certain real property more particularly described as Tract 1 and Tract 2 of Certificate of Survey 20796 in the Southern half of the Southeast quarter of Section 29 and North half of the Northeast quarter of section 32, Township 28 North, Range 21 West P.M.M., Flathead County, Montana, in accordance with the Kalispell Growth Policy — Plan It 2035, and to provide an effective date. Council Member - Phil Guiffrida: Motion Council Member - Kari Gabriel: 2nd Discussion on the motion. Page 5 of 11 Kalispell City Council Minutes, September 4, 2018 00:50:04 Amendment to the main motion to add a condition #12 that the Applicant shall coordinate with the City of Kalispell Pretreatment Coordinator for development of items related to the Pretreatment Program. Applicant shall enter into a Memorandum of Understanding (MOU) for each phase of Construction to establish sampling protocols for the Wet Industry Impact Fee, sewer billing surcharge, and other related pretreatment requirements applicable at the time of construction. Applicant shall install a sample port meeting the requirements of the City Design and Construction Standards and Pretreatment Program on the sewer collection system downstream of the most downstream future phase or current phase connection point. Applicant shall install applicable pretreatment appurtenances as required, such as pretreatment interceptors. Applicant shall bear all costs of sampling completed in accordance with the sampling protocols developed in the MOUs. Councilor Guiffrida provided discussion on the amendment to the main motion. Vote on the amendment to the main motion. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The amendment to the main motion passed unanimously on roll call vote with Councilor Carlson and Mayor Johnson absent. 00:52:32 (Second) Amendment to the main motion to strike the language in condition #1 section b. Councilor Kluesner provided discussion on the motion. Council President Graham provided discussion and asked questions of staff. Councilor Kuntz provided discussion and asked questions of staff. Councilor Waterman provided discussion on the amendment to the motion. Councilor Gabriel provided discussion on the amendment to the motion. Councilor Kluesner provided discussion. Page 6of11 Kalispell City Council Minutes, September 4, 2018 Vote on the second amendment to the motion. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Disapprove Council Member - Rod Kuntz: Disapprove Council Member - Tim Kluesner: Approve ove Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Disapprove The second amendment to the main motion passed with Council members Kuntz, Waterman and Council President Graham opposed, and Council member Carlson and Mayor Johnson absent. Vote on the main motion as amended. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve. Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The main motion as amended passed unanimously with Council member Carlson and Mayor Johnson absent. d. Resolution 5900 - Preliminary Plat This resolution would approve a preliminary plat for Phase 1 of the proposed project to accommodate 62 R.V. spaces. Motion to approve Resolution 5900, a resolution conditionally approving the Preliminary Plat of Phase 1 of Montana Base Camp, described as Tract 1 and Tract 2 of Certificate of Survey 20796 in the Southern half of the Southeast quarter of Section 29 and North half of the Northeast quarter of Section 32, Township 28 North, Ranae 21 West, P.M.M., Flathead County, Montana. Amendment to the main motion to match the amendments made to Ordinance 1812 which are as follows: Amendment to the main motion to add a condition #12 that the Applicant shall coordinate with the City of Kalispell Pretreatment Coordinator for development of items related to the Pretreatment Program. Applicant shall enter into a Memorandum of Understanding Page 7 of 11 Kalispell City Council Minutes, September 4, 2018 (MOU) for each phase of Construction to establish sampling protocols for the Wet Industry Impact Fee, sewer billing surcharge, and other related pretreatment requirements applicable at the time of construction. Applicant shall install a sample port meeting the requirements of the City Design and Construction Standards and Pretreatment Program on the sewer collection system downstream of the most downstream future phase or current phase connection point. Applicant shall install applicable pretreatment appurtenances as required, such as pretreatment interceptors. Applicant shall bear all costs of sampling completed in accordance with the sampling protocols developed in the MOUs. AND Strike the language in condition #1 section b. Discussion on the amendment. Vote on the amendment to the main motion. Council Member - Phil Guiffrida: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Disapprove Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Disapprove The motion as amended passed with Council members Kuntz, Waterman and Council President Graham opposed and Council member Carlson and Mayor Johnson absent. Discussion on the main motion. Vote on the main motion as amended. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve oye Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The main motion as amended passed unanimously on roll call vote with Councilor Carlson and Mayor Johnson absent. Ordinance 1813 — First Reading - Silverbrook PUD Amendment ® a Page 8 of 11 Kalispell City Council Minutes, September 4, 2018 This Ordinance would amend a 17-acre portion of the Silverbrook Planned Unit Development from an R-4 (Two -Family Residential) Zone to RA-1 (Residential Apartment) Zone at 240 Church Drive in order to develop Stillwater Commons. Senior Planner Jarod Nygren provided the staff report on this item. Councilor Guiffrida began questions for staff. 01:31:09 Councilor Kluesner continued questions for staff. Councilor Kuntz continued questions for staff. Councilor Guiffrida continued questions for staff. Public Comment Council President Graham opened public comment. Bruce Lutz, Public Comment Mr. Lutz with WGM Group, the consultant for Kalispell Housing Group spoke to the advantages of the layout of this project compared to the previous iteration. Nels Hansen, Public Comment Mr. Hanson of 135 East Swift Creek spoke in opposition to the project stating expectations he had when he purchased his home in this area and spoke regarding traffic concerns. 01:48:34 Diane Bitney, Public Comment Ms. Bitney of 2149 Mission Trail spoke in opposition to the project stating expectations she had when she purchased her lot in the area and traffic concerns she has. 01:49:58 Wendy Morran, Public Comment Ms. Morgan of 131 East Swift Creek spoke in opposition to the project stating expectations she had when she purchased her home in the area and traffic concerns. 01:51:19 David Sutherland, Public Comment Mr. Sutherland of 119 East Swift Creek spoke in favor of the project citing how the developer addressed the initial concerns of the neighborhood and the attractiveness of the current plans. 01:53:03 JeffSwenson, Public Comment Mr. Swenson, the developer for the project spoke to the time and effort that has been put into this project and the process they went through to meet with the neighborhood. 01:56:54 Brenda Wilkins, Public Comment Ms. Wilkins, a resident of Silverbrook Estates, and a partner in Silvermont Properties, and Silvercraft Homes read a statement in favor of the project from Howard Mann of 134 East Swift Creek, and the original developer of Silverbrook Estates. Mr. Mann spoke to his original intent for the property and stated that all plan documents stated that they were tentative and conceptual and subject to change by the developer at its sole discretion. Mr. Mann spoke in favor of the plan before the Council and explained why. Ms. Wilkins read an email statement from Larry Sartain with Silverbrook Realty about the project and spoke in favor of the plan before the Council and explained why. Page 9 of 11 Kalispell City Council Minutes, September 4, 2018 Ms. Wilkins spoke in favor of the project before the Council and explained her reasoning. 02:13:59 Sid Daoud, Public Comment Mr. Daoud spoke regarding free market considerations and spoke in favor of housing solutions. 02:15:38 Councilor Guiffrida asked questions of the developer Jeff Swenson and Ms. Wilkins. Councilor Kuntz asked questions of Ms. Wilkins. Motion and vote to approve the first reading of Ordinance 1813, an ordinance authorizing and adopting an amendment to the Silverbrook Estates Planned Unit Development enacted by Ordinance 1597 and amended by Ordinance 1785. 02:22:35 Councilor Guiffrida provided discussion on the motion. 02:28:36 Councilor Kluesner asked questions of staff. 02:29:56 Council President Graham provided discussion on the motion. Vote on the motion. Council Member - Phil Guiffrida: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Carlson and Mayor Johnson absent. H. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) Public Works will be coming to the Council regarding parking issues at the next work session. • Councilor Kuntz spoke regarding safety issues. I. ADJOURNMENT Council President Graham adjourned the meeting at 9:34 p.m. Page 10 of 11 Kalispell City Council Minutes, September 4, 2018 `\���`: ' ci SEAL AirSee Brunckhorst, CMC 2 P , City Clerk '•��/Z�/// . O i Minutes approved on September 17, 2018 UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — September 3, 2018 — Labor Day Next Work Session — September 10, 2018, at 7:00 p.m. — Council Chambers Next Regular Meeting — September 17, 2018, at 7:00 p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalisi)ell.com. Page 11 of 11