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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. Page 1 of 10 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. Page 2 of 10 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. Page 3 of 10 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 Page 4 of 10 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. Page 5 of 10 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 Page 6 of 10 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. Page 7 of 10 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 Page 8 of 10 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. Page 9 of 10 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. Page 10 of 10