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07-20-15 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES JULY 20, 2015 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayor and city council/meetings.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., JULY 20, 2015, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, CHAD GRAHAM, TIM KLUESNER, ROD KUNTZ, SANDY CARLSON, KARI GABRIEL, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBER PHIL GUIFFRIDA WAS ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Director of Planning Tom Jentz, Planner Jarod Nygren, Public Works Director Susie Turner and Police Chief Roger Nasset. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL Atkinson moved to approve the agenda as submitted. The motion was seconded by Gabriel. The motion carried unanimously upon voice vote with Guiffrida absent. 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 - Regular Meeting - July 6, 2015 Kalispell City Council Minutes July 20, 2015 Page 1 07-06-15 Draft Minutes Atkinson moved to approve the consent agenda as presented. The motion was seconded by Carlson. The motion carried unanimously upon voice vote with Guiffrida absent. C. COMMITTEE REPORT None D. 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 Manner of Addressing the Council. (Comments shall be limited to three minutes.) Mayor Johnson opened general public comment. Seeing none, he closed public comment. E. PUBLIC HEARING - KALISPELL REGIONAL HEALTHCARE GROWTH POLICY AMENDMENT Council will accept comments concerning Kalispell Regional Health Care's Growth Policy Amendment request. Mayor Johnson opened the public hearing. Toby McIntosh, Public Comment Mr. McIntosh with Jackola Engineering spoke on behalf of his client, Kalispell Regional Healthcare. He spoke regarding the history behind this request. Scott Countryman, Public Comment Mr. Countryman of 81 Grandview Drive spoke in opposition to H-1 zoning saying he believes the hospital could build a new parking lot without changing the zoning designation using a special use permit. Mr. Countryman feels handling traffic onto Grandview will be needed in the future. He provided ideas. Kalispell City Council Minutes July 20, 2015 Page 2 Margaret Davis, Public Comment Ms. Davis said she is concerned with traffic in this area and feels this decision should be postponed. Ted Hirsch, Public Comment Mr. Hirsch, a Hospital Administrator handling Design and Construction spoke to the public comment saying environmental studies have already been completed on the site prior to purchase with numerous core samples. Public Hearing Closed Seeing no further public comment, Mayor Johnson closed the public hearing. F. 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 Manner of Addressing the Council. (Comments shall be limited to three minutes.) 1. Resolutions 5723A, 5723B, 5723C - Kalispell Regional Healthcare - To Accept, Amend or Reiect a Growth Policy Amendment The City Council will accept, amend or reject by resolution the application to amend the growth policy map for a 9.55 acre site directly north of the existing hospital facilities from "High Density Residential" to "Urban Mixed Use." KRH Growth Policy Materials Jarod Nygren provided the staff presentation on this item. Councilor Kuntz began questions for staff. Councilor Kluesner continued questions for staff. Mr. Nygren answered Councilor Kluesner's questions. Councilor Kluesner continued questions. Councilor Atkinson continued questions for staff. Kalispell City Council Minutes July 20, 2015 Page 3 Councilor Kluesner continued questions for staff. Councilor Saverud continued questions for staff. Public Comment Mayor Johnson opened public comment on this item. Scott Countryman, Public Comment Mr. Countryman of 81 Grandview Drive spoke regarding pedestrian and traffic issues on Grandview Drive. Toby McIntosh, Public Comment Mr. McIntosh with Jakkola Engineering spoke on behalf of the applicant. Margaret Davis, Public Comment Ms. Davis of 160 Charlotte feels H-1 zoning is premature and should be deferred. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Atkinson moved to approve Resolution 5723A, a Resolution adopting an Amendment to the Kalispell Growth Policy 2020 on 9.55 acres, described as tracts 5ABAA, SABA, 5ABB, 5ABD and 5 ABH within Section 6, Township 28 North, Ranee 21 West, Flathead County, Montana, by chan2in2 the designation of land from high density residential to urban mixed use, and to be known as the Kalispell Regional Healthcare Amendment. The motion was seconded by Carlson. Councilor Kuntz provided discussion on the motion saying this makes sense as part of the growth policy amendment. Councilor Atkinson provided discussion on the motion saying the city will have ample opportunity to work with the hospital to make sure growth is handled responsibly. Mayor Johnson provided discussion on the motion saying the issues on Grandview Drive are much larger than this application and should be considered in the future. He also mentioned that the RA-1 zoning is no longer compatible. The motion carried unanimouslv upon roll call vote with Guiffrida absent. 2. Ordinance 1758 - Kalispell Regional Healthcare - Zone Change Kalispell City Council Minutes July 20, 2015 Page 4 This Ordinance changes the zoning of a 9.55 acre site directly north of the existing hospital facilities from RA-1 (Residential Apartment) to H-1 (Healthcare). KRH Zone Change memo and Ordinance Jarod Nygren provided the staff presentation on this item. Public Comment Scott Countryman, Public Comment Mr. Countryman of 81 Grandview Drive spoke opposing a change in zoning. Public Comment Closed Atkinson moved to approve Ordinance 1758, an Ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance No. 1677), by zoning certain real property more particularly described as Tracts 5ABAA, 5ABA, 5ABB, 5ABD and 5ABH of Section 6, Township 28 North, Ranee 21 West, P.M.M., Flathead County, Montana, currently zoned City RA-1 (Residential Apartment), to City H-1 (Healthcare) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded by Gabriel. Councilor Kluesner spoke in opposition to this item saying he feels this should have been handled as a Planned Unit Development. The motion carried upon vote with Atkinson, Carlson, Gabriel, Graham, Kuntz, Saverud, and Mayor Johnson voting in favor, Kluesner voting against, and Guiffrida absent. 3. Final Plat - Stillwood Farms This is a request for final plat approval of Stillwood Farms from Mike Fraser, dba Fraser Management and Consulting, PLLC, for a four lot townhouse subdivision located on the east side of North Riding Road. Final Plat Stillwood Farms Jarod Nygren provided the staff report on this item. Councilor Kluesner began questions for staff. Tom Jentz answered questions from Council. Kalispell City Council Minutes July 20, 2015 Page 5 Councilor Atkinson continued questions for staff. Councilor Kluesner continued questions for staff. Public CommentMayor Johnson opened public comment. Mike Frazier, Public Comment Mr. Frazier spoke on behalf of the applicant answering questions. Public Comment ClosedSeeing no further public comment, Mayor Johnson closed public comment. Atkinson moved to approve the Final Plat for Stillwood Farms. The motion was seconded by Saverud. The motion carried unanimously upon roll call vote with Guiffrida absent. 4. Evergreen Sanitary Sewer District Treatment Agreement The City Council will consider a new agreement between the City and the Flathead County Water and Sewer District No. 1 - Evergreen which replaces the existing agreement for sewage treatment that expires July 25, 2015. Evergreen en Agreement City Manager Doug Russell began the staff presentation on this item. He noted a change made to the agreement since the work session includes a limit placed on the gallons to be treated. Director of Public Works Susie Turner continued the presentation on this item. Councilor Atkinson asked a question of staff. City Manager Doug Russell provided further information on this item. Ms. Turner continued her presentation. Councilor Kluesner asked questions of staff. Public Comment None. Kalispell City Council Minutes July 20, 2015 Page 6 Atkinson moved to approve the Agreement between the City of Kalispell and Flathead County Water and Sewer District #1 Evergreen. The motion was seconded by Kluesner. Councilor Gabriel provided discussion thanking staff for an excellent agreement. Councilor Atkinson provided discussion on this item. The motion carried unanimously upon roll call vote with Guiffrida absent. Rod Kuntz recused himself from upcoming item #5 and stepped away from the dais. Mayor Johnson called for a short recess. Mayor Johnson called the meeting back to order. 5. Ordinance 1759 - Westside Neighborhood Parking Management Zone This Ordinance enacts certain motor vehicle and trailer curb parking regulations within a defined area adjacent to Flathead High School. Parking District Materials City Manager Doug Russell began the staff presentation on this item. Tom Jentz continued the staff presentation on this item providing history on this item that has been discussed for several years. Councilor Graham began questions for staff. Councilor Kluesner continued questions for staff. City Manager Doug Russell answered questions. Councilor Gabriel asked questions of staff. Councilor Graham continued questions for staff. Mr. Russell answered questions regarding proposed signage. Councilor Gabriel continued questions for staff. Kalispell City Council Minutes July 20, 2015 Page 7 Councilor Kluesner continued questions for staff. Councilor Graham continued questions for staff. Public Comment Mayor Johnson opened public comment. Iris McCauley, Public Comment Ms. McCauley of 808 Second Avenue West, spoke regarding the lack of respect she feels young people show. Christopher McCunningham, Public Comment Mr. Cunningham of 928 6th Avenue West, spoke regarding ongoing concerns with the congestion of the parking during the school year. He spoke asking about the possibility of expanded parking on the north side of Legends Stadium and spoke regarding other ideas for parking. Karlene Osorio-Khor, Public Comment Ms. Osorio-Khor read a petition signed by homeowners in opposition to a parking district that allows students and staff to purchase parking permits in the parking District. She then read written testimony to the Council and provided her reasoning why she is opposed. Sharon Demester, Public Comment Ms. Demester of 415 Chestnut Drive spoke regarding visiting a resident in the neighborhood. She then spoke regarding the policies of the school and how it affects parking. Mary Flowers, Public Comment Ms. Flowers of 354 Street West spoke in appreciation of all the people that have been a part of creating plans. She then spoke to legal concerns. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Atkinson moved to approve Ordinance 1759, enacting certain motor vehicle and trailer curb parking regulations within a defined area in the City of Kalispell adiacent to Flathead High School to be known as the Westside Neighborhood Parking Management Zone, declaring an effective date and authorizing the City Attorney to codify the same, with the 15 block recommendation. The motion was seconded by Kluesner. Kalispell City Council Minutes July 20, 2015 Page 8 Councilor Atkinson began discussion on the motion. Councilor Graham provided discussion on the motion. Councilor Saverud provided discussion on the motion. Councilor Kluesner provided discussion on the motion. Councilor Gabriel continued discussion on the motion. Councilor Graham continued discussion on the motion. Mayor Johnson continued discussion on the item. The motion carried upon vote with Atkinson, Carlson, Gabriel, Kluesner, and Mayor Johnson voting in favor, Graham, and Saverud voting against, Kuntz recused and Guiffrida absent. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) City Manager Doug Russell provided the following reports: • The Resolution setting fees for the Parking District will be brought forward during the next regular meeting. • Police and Fire Impact fees will be discussed at the next work session. Councilor Graham asked about lowering the US Flag to half-mast in honor of the 5 marines shot last week. City Manager Doug Russell explained that the Mayor does not have the authority to order the flag to half-staff. It would need to be a decree from the Senator. It has already been issued by the State. Mayor Johnson discussed the desire for closer discussions with the School Districts and the School Board. He suggested the possibility of a joint work session with the Council and the School Board. H. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:47 p.m. Aimee Brunckhorst, CMC City Clerk Kalispell City Council Minutes July 20, 2015 Page 9 Minutes approved on: Kalispell City Council Minutes July 20, 2015 Page 10