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1. Council Minutes - Regular Meeting - December 1, 2014A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7-100 P.M., MONDAY, DECEMBER 1, 20149 IN THE COUNCIL CHAMBERS AT CITY HALL 1, KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBER JIM ATKINSON, SANDY CARLSON, KARI GABRIEL, CHAD GRAHAM, PHI GUIFFRIDA, TIM KLUESNER, ROD KUNTZ, AND WAYNE SAVERUD WER PRESENT. I Also present.- City Manager Doug Russell, City Attorney Charles Harball, Deputy City Clerk Judi Funk, Police Chief Roger Nasset, Planning Director Tom Jentz, and Parks Director Chad Fincher. Mayor Johnson called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAIII 0 Atkinson moved to approve the Agenda. The motion was seconded. W, MR 1, Mq Me The motion carried unanimously upon vote. I . Council Minutes — Regplar Meeting — November 17, 2014 Gul*ffrl*da moved to approve the Consent Agenda. The motion was seconded. The motion carried unanimously upon vote. C. COMMITTEE REPORTt 0 D. PUBLIC COMMEN] -4 1 L111 = 9 WL'1101[2 1XINNI I d 03 ok, ?'A 14 pro] guy 1040 FOR A BOAT AND TRAILER SALES AND REPAIR FACILITY This ordinance provides approval and conditions for a planned unit development located east of Highway 93 South, south of Lower Valley Road, and north of Snowline Lane. Kalispell City Council Minutes December 1, 2014 Page I Jentz gave a report and staff answered questions. Public Comment Kim Larsen, APEC Engineering, spoke regarding their concerns with certain conditions, particularly the "no -build" area through the middle of the property. Rich DeJana,, 120 4th Street West, attorney for Captain's Marine, remarked the "no -build" area is a taking and a demotion of value for his client, further stating an SID is not appropriate for a zoning matter. Randell Seyfer,t, owner of Captain's Marine, thanked council for their time in handling this. Guiffrida moved first reading of Ordinance 1748, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677), by attaching a Planned Unit Development overlay on certain real property currently zoned B-5 (Industrial/Commercial), more particularly described as Tract 7C in the northwest quarter of Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Council Discussion Kluesner moved to amend the motion by striking conditions 1, 4, 5 and 23. The motion was seconded. Guiffrida stated the conditions deal with too many things and will have unintended consequences, commenting that removing the transportation infrastructure is dangerous and we need to look at the ,Ulire. Kluesner rebutted,, stating the road was never part of the plan and we don't need il There was discussion about connecting the "island" portion to the south in the PIT and transportation planning. �M,t Immyne IM4011 The amendment failed upon roll call vote with Carlson and Kluesner voting m favor, and Atkinson, Gabriel, Graham, Guiffrida, Kuntz, Saverud and Mayor Johnson voting against. Guiffrida moved to amend the motion by striking condition 23. (Condition 23 reads, "A variance is granted to allow the use of recycled asphalt for parking and boat storage and on the non -circulation areas m the 100 foot no -build area.") The motion was seconded. Guiffrida detailed his reasons for the amendment, stating he does not agree with variances at an time and it would be unfair to other developers. I Kalispell City Council Minutes December 1, 2014 Page 2 Atkinson remarked he will vote in favor of the amendment. The amendment carried upon roll call vote with Atkinson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz and Saverud voting in favor, and Carlson and Mayor Johnson voting against. IMRWOMMMMIM The main motion, as amended once, carried upon roll call vote with Atkinson, Gabriel, Graham, Guiffrida, Kuntz, and Saverud voting in favor, and Carlson, Kluesner, and Mayor Johnson voting against. E/2. HOCKEY USE AGREEMENT WITH FLATHEAD VALLEY HOCKEY 0 3 TITII a I Me Council considered approving a use agreement with the Flathead Valley Hockey Association for the continued use of the Bruckhouser improvements in Woodland Park for ice skating and hockey activities. Fincher ,have a report and answered questions. 0 now, Atkinson moved council authorize the city manager to approve the Hockey Use Agreement w ith Flathead Valley Hockey Association. The motion was seconded I I a I Guiffrida commented that Flathead Valley Hockey Association, has a good relationship with the ci and this is a good agreement. 1 Kluesner remarked this is a great asset for the city and its youth. The motion carried unanimously upon vote. Kalispell provisionally selected CTA Architects Engineers through the RFP process to act as its consultant for the South Kalispell Urban, Renewal Plan project. The contract for that work was presented to the council for its approval. Jen,tz gave a report and answered questions. Kalispell City Council Minutes December 1, 2014 Page 3 Public Comment 112WO Saverud moved council authorize the city manager to approve the consulting contract with CTA Architects. The motion was seconded. Council Discussion The motion carried unanimously upon vote. Russell informed council next week's work session. will be a joint meeting with Flathead Count-4 Economic Development Authority (FCEDA)i to discuss the rail park and also to hear an, update o the Westside Interceptor. He also reminded council the Legislative Forum round table will be hel next Wednesday, December Mayor Johnson thanked the Chamber for putting on the Christmas parade; stated he has been invite to speak regarding the Legislative Agenda at the Chamber Luncheon next week; told Chief Nasse everyone appreciates the work, stresses and dangers his department works under to protect us; ha comments regarding the PUD process; and addressed his reaction to Mr. Cossitt's comments fro the last meeting. I The meeting was adjourned at 9:12 p.11 Aimee Brunckhorst, CM City Clerk I Kalispell City Council Minutes December 1, 2014 Page 4