E1. 02-21-17 Council MinutesCITY COUNCIL DRAFT MEETING MINUTES
TUESDAY, February 21, 2017, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
A. CALL TO ORDER
Mayor Johnson called the meeting to order at 7 p.m.
B. ROLL CALL
Mayor - Mark Johnson: Present
Council Member - Kari Gabriel: Absent
Council Member
- Sandy Carlson: Present
Council Member
- Wayne Saverud: Absent
Council Member
- Chad Graham: Present
President - Jim Atkinson: Present
Council Member - Rod Kuntz: Present
Council Member
- Tim Kluesner: Present
Council Member
- Phil Guiffrida: Present
Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk
Aimee Brunckhorst, Senior Planner Jarod Nygren, Finance Director Rick Wills, Fire Chief Dave
Dedman and Police Chief Roger Nasset.
C. PLEDGE OF ALLEGIANCE
D. AGENDA APPROVAL
Motion to approve the agenda as presented.
Council Member - Phil Guiffrida: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Absent
Council Member - Chad Graham: Annrove
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Apt
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously on voice vote with Council members Gabriel and
Saverud absent.
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Kalispell City Council Minutes, February 21, 2017
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.
1. Council Minutes — Regular Meeting — February 6, 2017 a
2. Award Bid for a 2017 Custom Pumper — 2000 GPM Waterous Pump to Bigsky
Fire Equipment a
Approval of this item would authorize the purchase of a new fire engine in the amount of
$481,103.00.
Motion to approve the consent agenda as presented.
Council Member - Chad Graham: Motion
President - Jim Atkinson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Absent
Council Member - Chad Graham: Approve
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion was approved unanimously on voice vote with Council members Gabriel and
Saverud absent.
F. COMMITTEE REPORT - None.
G. 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.
Mayor Johnson opened public comment.
Jim Cossitt Public Comment
Mr. Cossitt of 1231 6 Street West said he appreciated the Ward III town hall meetings that were
happening. He felt they were helpful and productive and hopes they will continue in the future.
He then spoke regarding what he feels is a failure to plan for road infrastructure especially
inclusion of appropriate road infrastructure on the Highway 93 corridor. He spoke further on this
issue and asked Council to consider his thoughts as future projects come before them. Mr.
Cossitt then spoke regarding snow removal ordinance enforcement and his disappointment with
the recent wording of a press release regarding sidewalk snow removal. Mr. Cossitt then spoke
regarding his desire to be reappointed to the Impact Fee Committee when his term expires April
30, 2017.
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Kalispell City Council Minutes, February 21, 2017
Diane Medler, Public Comment
Ms. Medler with the Kalispell Chamber of Commerce distributed copies and provided
information from the annual Kalispell Tourism Business Improvement District (TBID) 2016
annual report. Some highlights include hosting several large conferences that generated over
1600 room nights for Kalispell. They have been bolstering meetings and conventions initiatives
to increase promotional infrastructure. They completed the city wide portion of the wayfinding
project with 32 signs. They hosted three very successful events generating 4.8 million in
economic impact to the valley. They worked on a safety awareness initiative between the hotels
and the Kalispell Police. They are working on a new event — an indoor statewide soccer
tournament to be held at the fairgrounds. The TBID also worked on international travel interest.
She also spoke regarding marketing statistics and promotions and a referral program that has
been created.
H. PUBLIC HEARING — Revenue Bonds - Immanuel Lutheran
Council will accept comments concerning the proposed issuance of revenue bonds for the
financing of the Immanuel Lutheran capital improvements on its Buffalo Hill campus.
Mayor Johnson opened the public hearing and called for public comment.
Jason Cronk, Public Comment
Mr. Cronk, CEO for Immanuel Lutheran Communities spoke regarding the partnerships that
have been created with the city to allow for the initiation of bonds over the years. He then
described the project that the bonds in question would be used to create. He went into details
related to the next phases that would be built if these bonds are authorized and gave information
about the master plan for Immanuel Lutheran Communities.
07:33:48 PM (00:34:03) Ben Johnson, Public Comment
Mr. Johnson with Barnes and Thornberg LLC represents the city as their bond attorney on the
proposed bonds. Mr. Johnson provided information regarding these bonds including explaining
that the city would not be obligated for these bonds and the cities credit rating would not be
affected whatsoever.
L 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.
Resolution 5805 — Revenue Bonds for Immanuel Lutheran Corporation a
This Resolution would authorize the City to issue revenue bonds in an amount of
up to $75,000,000, to be used to finance the expansion project of the Immanuel
Lutheran Corporation Buffalo Hill campus.
City Managerg Russell provided the staff presentation on this item.
Public Comment
Mayor Johnson opened public comment.
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Kalispell City Council Minutes, February 21, 2017
Ben Johnson, Public Comment
Mr. Johnson explained that the city is approving these bonds with parameters since they are
conduit bonds.
Motion to approve Resolution 5805, a resolution authorizing the Issuance and Sale of one
or more series of taxable or tax-exempt conduit Revenue Bonds in the total original
aure2ate principal amount not to exceed $75,000,000, and approving the form of and
authorizing the execution and delivery of certain documents relating to the Revenue Bonds.
President - Jim Atkinson: Motion
Council Member
- Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member
- Kari Gabriel: Absent
Council Member
- Sandy Carlson: Approve
Council Member
- Wayne Saverud: Absent
Council Member
- Chad Graham: Approve
President - Jim Atkinson: Approve
Council Member
- Rod Kuntz: Approve
Council Member
- Tim Kluesner: Approve
Council Member
- Phil Guiffrida: Approve
The motion passed unanimously on roll call vote with Council members Gabriel and
Saverud absent.
M
2. Silverbrook - Planned Unit Development and Preliminary Plat Amendment a
This Ordinance and Resolution would approve a request from the developer of
Silverbrook Subdivision to amend the neighborhood commercial portion near the
intersection of Church Drive and Highway 93.
City Manager Doug Russell provided the staff presentation on this item.
a. Ordinance 1785 — Planned Unit Development Amendment a
This Ordinance adopts an amendment to the Silverbrook Estates Planned Unit
Development enacted by Ordinance No. 1597 by amending the square footage
and height restrictions of the neighborhood commercial portion of the PUD.
Public Comment
Mayor Johnson opened public comment.
Howard Mann, Public Comment
Mr. Mann, the applicant for the project explained why they are asking for this amendment.
Seeing no further public comment, Mayor Johnson closed public comment.
Motion to approve the first reading of Ordinance 1785, an ordinance authorizing and
adopting an amendment to the Silverbrook Estates Planned Unit Development enacted by
Ordinance No. 1597.
Council Member - Phil Guiffrida: Motion
Council Member - Rod Kuntz: 2nd
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Kalispell City Council Minutes, February 21, 2017
Mayor - Mark Johnson: Approve
Council Member
- Kari Gabriel: Absent
Council Member
- Sandy Carlson: Approve
Council Member
- Wayne Saverud: Absent
Council Member
- Chad Graham: Approve
President - Jim Atkinson: Approve
Council Member
- Rod Kuntz: Approve
Council Member
- Tim Kluesner: Approve
Council Member
- Phil Guiffrida: Approve
The motion passed unanimously on roll call vote with Council members Gabriel and
Saverud absent.
b. Resolution 5806 - Preliminary Plat Amendment a
This Resolution applies the same square footage restrictions to the preliminary
plat as that required in the PUD amendment set forth in Ordinance 1785.
Motion to approve Resolution 5806, a resolution approving certain revisions to the
preliminary plat of Silverbrook Estates Phase 2, more particularly described as Tract 3
and a Portion of Tracts 4 and 5 of Certificate of Survey 15896 located within the Northeast
Quarter of Section 13, Township 29 North, Ranee 22 West, P.M.M., Flathead County,
Montana.
Council Member - Rod Kuntz: Motion
Council Member - Phil Guiffrida: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member
- Sandy Carlson: Approve
Council Member
- Wayne Saverud: Absent
Council Member
- Chad Graham: Approve
President - Jim Atkinson: Approve
Council Member
- Rod Kuntz: Approve
Council Member
- Tim Kluesner: Approve
Council Member
- Phil Guiffrida: Approve
The motion passed on roll call vote unanimously with Council members Gabriel and
Saverud absent.
Ordinance 1786 — First Reading — Amendments to the Permit Process and
Application for Parades and Special Events and the Regulation of the Service and
Consumption of Alcohol on City Owned Property
This Ordinance would amend Kalispell Municipal Code 3-18 related to the
prohibition of consumption of alcohol in public places and the exceptions to that
prohibition.
City Manager Doug Russell provided the staff presentation on this item.
07:54:46 PM (00:55:011 Councilor Kuntz began questions for staff.
Councilor Kluesner continued questions for staff.
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Kalispell City Council Minutes, February 21, 2017
Mayor Johnson continued questions for staff.
Public Comment
Diane Medler, Public Comment
Ms. Medler with the Kalispell Chamber of Commerce thanked the Council for bringing the
proposed amendments to this Ordinance forward and said they address many of her concerns as
well as other entities within the city. Ms. Medler requested that Council consider revising section
F. 4. related to the time of day alcohol could be served at an approved event from 11 a.m. to 11
p.m. to 10 a.m. to 11 p.m. to better coincide with pond hockey event scheduling.
Seeing no further public comment, Mayor Johnson closed public comment.
Motion to approve Ordinance No. 1786, an Ordinance amending Chapter 3 of the Kalispell
Municipal Codes and Codified at KMC 3-18, Consumption in Street, Alley, or Public Place
Prohibited; Exceptions, declaring an effective date and authorizing the City Attorney to
codify the same.
Council Member - Rod Kuntz: Motion
Council Member - Sandy Carlson: 2nd
Amendment and Vote to the main motion to modify exhibit A within the Ordinance within
3-18 B. to add the text (if alcoholic beverages are sold on premises) within the second
sentence after the words `including an alcohol insurance addendum'.
Council Member - Phil Guiffrida: Motion
Council Member - Chad Graham: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Wavne Saverud: Absent
Council Member - Chad Graham: Approve
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The first amendment to the main motion passed unanimously with Council members
Gabriel and Saverud absent.
Second amendment to the main motion to add to modify exhibit A of the ordinance within
section 3-18 D. adding the words "business or" to the be2innin2 of the first sentence so the
sentence would read: "A business or a not -for -profit entity may apply to utilize a street or
right-of-way within the B-3 or B-4 business zones of the City for an event in which alcoholic
beverages are to be sold, served, consumed or possessed".
Further Clarified:
And to modify section 3-18 G. adding the words, "A business or" to the beginning of the
sentence.
Council Member - Rod Kuntz: Motion
Council Member - Sandy Carlson: 2nd
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Kalispell City Council Minutes, February 21, 2017
Discussion on the amendment to the main motion.
Vote on the second amendment to the main motion.
Council Member - Rod Kuntz: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Absent
Council Member - Chad Graham: Disapprove
President - Jim Atkinson: Disapprove
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Disapprove
Council Member - Phil Guiffrida: Approve
The second amendment to the main motion passed on roll call vote with Council members
Graham, Kluesner and Atkinson opposed and Council members Gabriel and Saverud
absent.
City Manager Russell suggested a housekeeping amendment.
01:28:11
Third amendment and vote to the main motion to modify Exhibit A of the Ordinance
within section 3-18 G. to strike `commercial district' and replace with `B-3 or B-4 zones'.
Council Member - Phil Guiffrida: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Absent
Council Member - Chad Graham: Disapprove
President - Jim Atkinson: Disapprove
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The third amendment to the main motion passed on roll call vote with Council members
Graham, and Atkinson opposed and Council members Gabriel and Saverud absent.
01:28:56
Fourth amendment to the main motion to modify Exhibit A of the Ordinance within 3-18
section F. and add a # 8 which states, `The general public cannot be prohibited from
attending the event.'
Council Member - Phil Guiffrida: Motion
Council Member - Rod Kuntz: 2nd
Councilor Guiffrida spoke to his motion and clarified his intent.
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Kalispell City Council Minutes, February 21, 2017
Council discussed the fourth amendment.
Vote on the fourth amendment.
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Absent
Council Member - Chad Graham: Approve
President - Jim Atkinson: Disapprove
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Disapprove
Council Member - Phil Guiffrida: Approve
The fourth amendment to the main motion passed on roll call vote with Council members
Kluesner and Atkinson opposed and Council members Gabriel and Saverud absent.
01:31:35
Fifth amendment and Vote to the main motion to modify Exhibit A of the ordinance within
section 3-18 section F. # 4 by striking 11 a.m. and replacing it with 10 a.m.
Council Member - Phil Guiffrida: Motion
Council Member - Chad Graham: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Absent
Council Member - Chad Graham: Approve
President - Jim Atkinson: Disapprove
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Disapprove
Council Member - Phil Guiffrida: Approve
The fifth motion to amend passed on voice vote with Council members Kluesner and
Atkinson opposed and Council members Gabriel and Saverud absent.
Discussion on the original motion as amended.
Vote on the original motion as amended.
Council Member - Rod Kuntz: Motion
Council Member - Sandv Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member
- Kari Gabriel: Approve
Council Member
- Sandy Carlson: Approve
Council Member
- Wayne Saverud: Approve
Council Member
- Chad Graham: Disapprove
Council Member
- Jim Atkinson: Disapprove
Council Member
- Rod Kuntz: Approve
Council Member
- Tim Kluesner: Disapprove
Council Member
- Phil Guiffrida: Approve
The main motion with five amendments passed on roll call vote with Council members
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Kalispell City Council Minutes, February 21, 2017
Graham, Atkinson and Kluesner opposed and Council members Gabriel and Saverud
absent.
J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Manager Doug Russell provided the following report:
• Mr. Russell will go to Helena tomorrow for a hearing on Representative Garner's
bill related to bridge and road funding and the associated fuel tax attached. He
will be meeting with the Infrastructure Coalition at noon to vote on some possible
amendments to take into the hearing session at 3 p.m.
• A hospital PUD (planned unit development) has gone through the Planning
Board. Mr. Russell posed the question whether Council would like to revisit that
PUD at a work session or take it to a regular meeting.
Councilor Guiffrida provided discussion regarding conversation that took place on this item at
the Planning Board, asked staff for more information to be provided at the council meeting on
those items and then advised staff that a work session will not be needed.
• Mr. Russell explained that the schedule for the next work session will include
information and discussion on a possible dog park at Begg Park, and will also
include information and discussion on the Kalispell Business Improvement
District.
08:42:12 PM (01:42:27) Councilor Kuntz spoke to an earlier public comment tonight regarding
Ward III Town Hall meetings and explained why those meetings were put on hiatus and that they
will continue in the future.
Councilor Kuntz then spoke regarding a comment that was posted in response to a Flathead
Beacon Article titled "Kalispell saying good-bye to original Downtown Railroad Route".
08:44:02 PM (01:44:17) Councilor Kluesner brought up questions and discussion regarding
business improvement tax funds and how it relates to infrastructure that tourists utilize.
Councilor Carlson thanked area businesses for their generosity towards local nonprofits.
08:46:07 PM (01:46:23) Mayor Johnson spoke regarding tax and tax increment financing and
related legislation that is currently being discussed at the state level.
Mayor Johnson said it may be appropriate to review the Ordinance related to snow removal and
maybe the Ordinance should allow some latitude for major snow accumulation.
Mayor Johnson reported he will be attending a 3 p.m. County 911 Meeting tomorrow regarding
the Interlocal Agreement Sub -Committee to look at amendments that the city of Whitefish and
Kalispell proposed. He reported that the County will not move the meeting times to the evenings
to accommodate the public.
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Kalispell City Council Minutes, February 21, 2017
Mayor Johnson reported that he spoke to the group, `Republican Women' on Monday.
08:49:52 PM (01:50:0
K. ADJOURNMENT
Seeing no further business Mayor Johnson adjourned the meeting at 8:49 p.m.
Aimee Brunckhorst, CMC
City Clerk
Minutes approved on:
UPCOMING SCHEDULE / FOR YOUR INFORMATION
City Offices will be closed February 20, 2017, for Presidents' Day.
Next Work Session — February 27, 2017, at 7:00 p.m. — Council Chambers
Next Regular Meeting — March 6, 2017, at 7:00 p.m. — Council Chambers
Coffee with the Chief — March 8, 2017, at 5:30 p.m. — Sykes Diner, 202 2nd Avenue West
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.
Demand tab at www.kalispell.com.
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