Loading...
B1. 02-17-15 City Council MinutesKALISPELL CITY COUNCIL MINUTES FEBRUARY 17, 2015 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayor and city councillmeetings.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., TUESDAY, FEBRUARY 17, 2015, 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, KARI 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, Planning Director Tom Jentz, Building Official Jeff Clawson, Planner Jarod Nigren, and Parks & Recreation Director Chad Fincher. CALL TO ORDER R01,T, CATJ, PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL Kari Gabriel moved to approve the agenda as presented. The motion was seconded by Rod Kuntz. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 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 - Retlular Meeting - February 2, 2015 02-02-15 Minutes 2. Special Alcohol Permit for the Chamber of Commerce,_ Montana Pond Hockey Kalispell City Council Minutes February 17, 2015 Page 1 Classic, Alternative Location at the Woodland Park Ice Center Special Alcohol Permit Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Phil Guiffrida moved to approve removing item 2 from the consent agenda Special A Icohol Permit for the Chamber of Commerce, Montana Pond Lackey Classic, Alternative Location at th e Woodlan d Park Ice Cen ter and shift it to the first item under section F. R eports an d Recommendations and approve the remainder of the consent agenda as published. The motion was seconded by Kari Gabriel. The motion carried unanimously upon vote. c. COMMITTEE REPORT 1. Tourism Business Improvement District Annual Report Annual Report Diane Medler with the Kalispell Chamber and Convention and Visitors Bureau provided the annual report. La PUBLIC COMMENT Mayor Johnson opened general public comment. Ch arlen e Siordal, Pu bl is Com m en t Ms. S j ordal of 234 3 rd Avenue West, spoke regarding her opposition to the new hours of operation posted on the door of the downtown United States Postal Service. The sign says the hours will change from 5:30 to 5:30 to 9 to 4 beginning on March 23. She would like the Council to determine who made this decision as she feels it will hurt downtown business. Roxanne Brothers, Public Comment Ms. Brothers of 786 4th Ave WN, is opposed to another shopping center in North Kalispell because of the extensive traffic on that end of town and she also feels the shopping centers do not pay a living wage. E. PUBLIC HEARING - 2012 INTERNATIONAL BUILDING AND FIRE CODES Kalispell City Council Minutes February 17, 2015 Page 2 AND 2014 ELECTRICAL CODES AND FEE SCHEDULES Council will accept comments concerning a proposal to adopt the 2012 building and fire codes and 2014 electrical codes and amending the associated fee schedules. Mayor Johnson opened the public hearing and public comment for the hearing. Seeing none, he closed the public hearing. F. 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. (Movedfrom Consent item 2) Special Alcohol Permit for the Chamber of Commerce, Montana Pond Hockey Classic, Alternative Location at the Woodland Park Ice Center City Manager Doug Russell provided the staff presentation on this item. Councilor Guiffrida began questions for staff asking about standard approval routes for special permits and alcohol addendums. Doug Russell answered questions. Councilor Guiffrida continued questions for staff regarding capacity and fire code within the Woodland Park Ice Rink. Building Official Jeff Clawson explained that capacity is based on the number of exits. Councilor Guiffrida asked questions about possible concerns regarding open alcoholic containers inside the event venue but outside of the fenced area where alcohol would be allowed. Councilor Guiffrida confirmed with staff that an open alcoholic container outside of the fenced in hockey area would result in an open container violation. Councilor Guiffrida asked questions about the staff review process for an alcohol addendum. Councilor Kluesner asked questions regarding where the proceeds of the alcohol sales would be going. Kalispell City Council Minutes February 17, 2015 Page 3 Councilor Guiffrida highlighted the ordinance that provides guidelines for special permits and the provision that applications should be turned in three weeks in advance and pointed out that this application was turned in six days before the Council meeting. City Attorney Charles Harball explained why staff brought this item before the Council despite the three week provision in the ordinance and the options Council has when making this decision. Councilor Kluesner voiced his frustration that the staff memorandum did not include information on the three week time frame within the ordinance. He then began explaining why he does not feel exceptions should be granted. Ms. Brunckhorst apologized that she did not include the three week time frame within the memorandum. Councilor Kuntz continued discussion about permit time frames and possible liability issues. Public Comment Mayor Johnson opened public comment on this item. Dian e Medler, Pu blic Com m en t Ms. Medler, with the Kalispell Convention and Visitors Bureau (CVB) spoke on behalf of the application saying these types of events bring a significant amount of visitors thus advancing the mission of the CVB. She talked about the success of the events they organize and the excellent reputation they have. Ms. Medler talked about the specifics of this event, explaining they have 61 teams expected, with 94% coming from out of the market area. She explained they routinely work closely with all of the Flathead County agencies and have not had any major incidents at any of their events. Ms. Medler talked about details of the event taking place at Woodland Park and why they needed to move this event. Councilor Guiffrida began asking questions of the applicant. Councilor Kluesner continued questions for the applicant. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Jim Atkinson moved to approve the special event permit for the Kalispell Chamber of Commerce and Convention and Visitor Bureau to allow for the sale and consumption of Kalispell City Council Minutes February 17, 2015 Page 4 alcohol at the Montana Pond Hockey Classic if it is to be held in Woodland Park Ice Center. The motion was seconded by Sandy Carlson. Councilor Atkinson began discussion on the motion. Councilor Gabriel continued discussion on the motion. Councilor Graham continued discussion on the motion. Phil Guiffrida moved to amend the motion by striking the words "to allow for the sale and consumption of alcohol at the Montana Pond Hockey Classic if it is". The motion was seconded by Chad Graham. Councilor Guiffrida began discussion on the amendment to the main motion. Councilor Kluesner continued discussion on the amendment to the main motion. Councilor Atkinson asked questions of the applicant. Councilor Saverud asked questions of staff and continued discussion on the amendment to the main motion. Councilor Guiffrida asked questions of staff and continued discussion. Councilor Kuntz continued questions for staff and discussion on the amendment to the motion. Councilor Gabriel continued discussion on the amendment to the main motion. The amendment to the main motion to strike the words "to allow for the sale and consumption of alcohol at the Montana Pond Hockey Classic if it is" carried upon vote with Mark Johnson, Phil Guiffrida, Tim Kluesner, Rod Kuntz, Chad Graham voting in favor, and Wayne Saverud Jim Atkinson Sandy Carlson and Kari Gabriel voting a ainst. The main motion as amended to approve the special event permit for the Kalisp 11 Chamber of Commerce and Convention and Visitor Bureau to be held in Woodland Park Ice Center carried unanimously upon vote. Special Event Permit 1. Resolution 5702 - Preliminary Plat - Stillwood Farms Serenueti Properties,_ is requesting preliminary plat approval to create Stillwood Farms Subdivision, Kalispell City Council Minutes February 17, 2015 Page 5 two townhouse lots located at 56 Vista Loop. Stillwood Farms Preliminary Plat Planning Director, Tom Jentz provided the staff presentation on this item. Councilor Graham began questions for staff asking about the correct wording for the amendment staff is recommending. Councilor Atkinson continued questions for staff about the driveway for the units. Councilor Saverud continued questions for staff asking about Fire Department access. Mayor Johnson continued questions for staff confirming the layout of the plat. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Phil Guiffrida moved to approve Resolution 5702, with the additional staff lanilune added to condition number eight. The motion was seconded by Jim Atkinson. Councilor Guiffrida began discussion on the motion. The motion carried unanimously upon vote. 2. Adopt 2012 Building and Fire Codes and Amend Building Code Fees City Manager Doug Russell began a presentation on this item. A. ordinance 1752 - First Reading - Adopt 2012 Buildinst Codes This ordinance adopts the 2012 International Building Codes as previously adopted by the State of Montana. Public Comment Mayor Johnson opened public comment on this item. Seeing none, he closed public comment. Wavne Saverud moved to anurove an ordinance to amend ordinance no. 1682 b adopting, by reference, the amendments to the administrative rules of Montana [ARM] at 24.301.1311 24.301.139, 24,301.146124,301.154.1 24.301.1611 24.301.1715 24,301.172� 24.301.173, and 24.301.401, as they may pertain to those portions of the "International Building Code (IBC)", 2012 edition; the "International Existing Building Code (IEBC)", Kalispell City Council Minutes February 17, 2015 Page 6 2012 edition; the "International Enemy Conservation Code (IECC)" 2012 edition; the "International Residential Code (IRC)" 2012 edition; the "International Mechanical Code", 2012 edition; the "International Fuel Gas Code", 2012 edition; and the "Uniform Plumbing Code", 2012 edition; the "International Code Council ANSI A117.1-09" standard 2009 edition, as previously adopted by the City of Kalispell in ordinance no. 1682 as the building codes of the City of Kalispell, and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded by Rod Kuntz,, Councilor Guiffrida pointed out for the benefit of the public that a very lengthy ,work session was held on this subject previously. The motion carried unanimously upon vote. B. ordinance 1753 - First Reading - Adopt 2012 Fire Codes This ordinance adopts the 2012 International Fire Codes as previously adopted by the State of Montana. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Kari Gabriel moved to approve an ordinance to amend ordinance no. 1522 and Ordinance no. 1682 adopting, by reference, the "International Fire Code" and the appendices, 201.2 edition (IFC), with the additions, amendments, and deletions to Kalispell Municipal Code Chapter 10 as enumerated and set forth on exhibit "A" as the fire codes of the City of Kalispell, and applicable within the corporate boundaries of the city, to provide a penalty for the violation of any lawful order issued pursuant thereto and establishing an effective date. The motion was seconded by Jim Atkinson. The motion carried unanimously upon vote. Ordinance 1753 C. Resolution 5703, Amending Building Code Fees This Resolution amends the Building Code Fee_s., City Manager Doug Russell provided a brief presentation on this item. Councilor Kluesner asked a question about the May 1 effective date. Kalispell City Council Minutes February 17, 2015 Page 7 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Jim Atkinson moved to approve Resolution 5703, a Resolution to amend the existing City of Kalispell Building, Plumbing and Mechanical Permit Fee Schedules and Residential Plan Check Fee and declaring an effective date. The motion was seconded by Rod Kuntz. The motion carried unanimously upon vote. Resolution 5703, amending Building Code Fees 3. Adopt 2014 Electrical Codes and Establish Fees Electrical Permit Program Memorandum A. ordinance 1754 - First Reading - Adopt 2014 Electrical Codes This ordinance adopts the 2014 National Electrical Codes as previously adopted by the State of Montana. City Manager Doug Russell provided a brief presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Chad Graham moved to approve ordinance 1754, an ordinance to adopt, by reference, the National Fire Protection Association Standard NFPA 70, National Electrical Code, referred to as the "National Electrical Code (NEC)" 2014 edition, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide i .w a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded by Tim Kluesner. The motion carried unanimously upon vote with Jim Atkinson momentarily absent. Ordinance adopting electrical codes B. Resolution 5704, Creates Electrical Code Fees This Resolution creates Electrical Code Fees. City Manager Doug Russell provided a brief presentation. Councilor Guiffrida asked staff a question. Public Comment Kalispell City Council Minutes February 17, 2015 Page 8 Mayor Johnson opened public comment. Seeing none, he closed public comment. Phil Guiffrida moved to approve Resolution 5704, a Resolution to establish the City of Kalispell Electrical Permit Fee Schedule and declaring an effective date. The motion was seconded by Wayne Saverud. The motion was approved unanimously with Jim Atkinson momentarily absent. Resolution 5704 G. MAYORICOUNCILICITY MANAGER'S REPORTS (No Action} City Manager Doug Russell provided the following reports: • Impact Fee Legislation has passed the Senate Floor and will be in Local Government Committee on Thursday at 3 p.m. Mr. Russell will be traveling to Helena to testify on behalf of the impact fee legislation that was sponsored by Representative Blasdel at the request of the City of Kalispell. • The next work session, the Council will be looking at updates to the design and construction standards. • Mr. Russell reported he was contacted by Flathead Industries about a vocational training program that they are piloting to send out different work crews in partnership with the School District, Montana Vocational Rehabilitation, Flathead Industries and potentially the City of Kalispell. These work crews would help augment maintenance efforts throughout the city. He spoke further about the details of how this partnership might work and how it would benefit the city. Councilor Guiffrida commended and thanked the City of Kalispell First Responders. He saw them in action this past weekend and says they were professional and absolutely phenomenal. Councilor Guiffrida would like staff to look into a strategic plan after the 911 vote for replacement of the ambulances used. Mayor Johnson provided the following reports: • Mayor Johnson thanked Chief Nasset and the Police Department for the fantastic work they did over the weekend dealing with threats made over the internet. Kalispell City Council Minutes February 17, 2015 Page 9 H. • Mayor Johnson explained why he voted the way he did on the alcohol addendum for the Pond Hockey Classic event. • Mayor Johnson spoke to some of the questions he will be bringing forth when the design standards are discussed. • Mayor Johnson spoke with an update to the items he is watching in the legislature. ADJOURNMENT Mayor Johnson adjourned the meetinp, at 9:04 p.m. Minutes approved on: Aimee Brunckhorst, CMC City Clerk Kalispell City Council Minutes February 17, 2015 Page 10 Kalispell City Council Minutes February 17, 2015 Page l 1