B1. 11-02-15 City Council MinutesKALISPELL CITY COUNCIL MINUTES
NOVEMBER 2, 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., NOVEMBER 2, 2015, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA.
Mayor Mark Johnson presided.
Councilors Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz, and Saverud were
present.
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee
Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Public Works Director
Susie Turner, City Engineer Keith Kaskins, and Chief of Police Roger Nasset.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
A. AGENDA APPROVAL
Phil Guiffrida moved to approve the agenda as submitted. The motion was seconded by
Sandy Carlson.
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 - Regular Meeting - October 19, 2015
10-19-15 Minutes
2. Acceptance of Homeland Security Grant
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Acceptance of the fiscal year 2015 Homeland Security Grant in the amount of $59,599.50 will
allow the Police Department to purchase a negotiator phone and tactical robot.
Homeland Security Grant
Jim Atkinson moved to approve consent agenda as submitted. The motion was seconded
by Phil Guiffrida.
The motion carried unanimously upon vote.
B. COMMITTEE REPORT
None.
PUBLIC COMMENT
Mayor Johnson opened general 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.
Chris Carter, Public Comment
Ms. Carter of 74 Stage Lane spoke regarding efforts started a year ago to establish an off leash
dog park in Kalispell. Since then, they have created Paws to Play, a 501C3. Fundraising events
have occurred throughout the year including Doggie Dayz. Ms. Carter thanked Fred Bicha and
the rest of the Parks and Recreation Department staff for their enthusiastic assistance. Ms. Carter
expressed the hope that the city of Kalispell will help Paws to Play obtain some land for the park
and continue to support this project.
Diane Bowcore, Public Comment
Ms. Bowcore of 312 Bismark Street, spoke regarding the needs of the non-profit Paws to Play
group who are raising money for a leash free dog park. They are hoping to find 7 to 10 acres in
the city of Kalispell for the park and are hoping the Council can help them do so.
Mayre Flowers, Public Comment
Ms. Flowers with Citizens for a Better Flathead congratulated the City on the TIGER grant
received. She mentioned that the new recycle bin behind Kalispell Medical Arts Building is
being well used. She reminded the public that brown paper bags should go in with cardboard not
paper, and plastic bags cannot go in the recycling.
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Karlene Osorio Khor, Public Comment
Ms. Osorio-Khor spoke regarding her candidacy for Ward 3 and urged all the citizens of
Kalispell to get out and vote tomorrow.
Jim Cossit, Public Comment
Mr. Cossit of 1231 6th Street West thanked Ward 3 Council members for the Town Hall
meetings they have been hosting, saying feedback at the informal meetings really validates
feelings of being heard. Mr. Cossit then spoke regarding his views of a lack of infrastructure
planning within the city. Mr. Cossit then spoke regarding the panhandling Ordinance, saying he
feels it is in violation of the Constitution. He also feels that the Ordinance is not being enforced
equally. Mr. Cossit then spoke regarding the ethics policy and the importance of disclosure of
substantive information and ensuring the appearance of impropriety as it relates to the Casino
ordinance.
Chris Hall, Public Comment
Mr. Hall of Evergreen Drive spoke regarding looking at the long term regarding infrastructure.
He then spoke regarding his views regarding local option sales tax.Mr. Hall spoke regarding the
need for young people to talk with elders that were alive in the World War II era.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
E. 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. Conditional Use Permit - Immanuel Lutheran Corporation Phased
Expansion/Remodels
Immanuel Lutheran Corporation is requesting a conditional use permit for five phases of
development at their senior living/care facility.
City Manager Doug Russell introduced this item.
Planner Jarod Nygren provided the staff presentation on this item.
Councilor Guiffrida began questions for staff.
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Public Comment
Mayor Johnson opened public comment.
Don McArthur, Public Comment
Mr. McArthur with McArthur, Means and Wells Architects spoke on behalf of the applicant
saying they have been working on this plan for several years. He said Claremont Street divides
the campus in half and they would like to make the property feel much more like a connected
campus. They are mostly in agreement with staff on condition 7 and would ask that Council
provide guidance to staff regarding pedestrian crossings.
Marzaret Davis, Public Comment
160 Charlotte Avenue is concerned about traffic impacts in this area. She would like to see a
traffic impact study conducted and would be opposed to any bulb -outs. She also spoke regarding
the pedestrian easement, saying she would like to see
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
Wayne Saverud moved to approve Conditional Use Permit KCU-15-04, with the 13
conditions of approval as amended by Council. The motion was seconded by Chad
Graham.
Phil Guiffrida moved to amend condition 7 as the screen states (Roadway and access
improvements shall comply with Kalispell Design and Construction Standards currently in
effect at the time of construction. Traffic calming features as proposed in the site plan at
the intersection of Crestline and Claremont on the south end and Claremont and the alley
on the north end of the site shall be warranted as set forth in the City of Kalispell
Transportation Plan. Pedestrian features shall be designed and constructed according to
the Standards in effect at the time of construction. Proposed roadway and pedestrian
features not complying with current Standards shall be reviewed for approval through the
deviation process as set forth in the Standards. The proposed midblock crossings on
Claremont will require an en2ineerin2 study as outlined in section 313-18 of the Manual on
Uniform Traffic Control Devices below.) The motion was seconded by Kari Gabriel.
Councilor Guiffrida began discussion on the amendment to the motion.
Councilor Atkinson asked questions of staff.
Planning Director Tom Jentz answered questions from Council.
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Mr. McArthur answered a question from Council.
Councilor Atkinson voiced concerns on behalf of a neighbor of the site.
Councilor Saverud said he is no longer an employee or board member of Immanuel Lutheran.
The amendment to the motion carried unanimously upon vote.
The motion as amended carried unanimouslv upon vote.
2. Ordinance 1763 - Zoning Text Amendment for Parking - Kalispell Center Mall
This Ordinance amends Section 27.24.040(6) b.3. Special Park-ing Maintenance District 2, of the
Kalispell Zoning Ordinance.
Mall
Planner Jarod Nygren provided the staff presentation on this item.
Councilor Kluesner began questions for staff.
Councilor Atkinson continued questions for staff.
Public Comment
Mayor Johnson opened public comment
Judy Cox, Public Comment
Ms. Cox of 501 4th Avenue East asked how this project will affect the Core Area Plan.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
Phil Guiffrida moved to approve an Ordinance amending the Kalispell Zoning Ordinance
(No. 1677), by amending section 27.24.040(6) b.3., Special Parking Maintenance District
No. 2, and declaring an effective date. The motion was seconded by Tim Kluesner.
Councilor Guiffrida began discussion on the motion.
The motion carried unanimously upon vote.
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3. Ordinance 1764 - Zonin2 Text Amendments - Casino
This Ordinance amends Section 27.34.040 related to Casinos within the Kalispell Zoning
Ordinance.
City Manager Doug Russell introduced this item.
Jarod Nygren provided the staff presentation on this item.
Councilor Atkinson began questions of staff.
Councilor Kluesner continued questions for staff.
Councilor Kluesner continued questions for staff.
Councilor Gabriel continued questions for staff.
Councilor Kuntz continued questions for staff.
Public Comment
Mayor Johnson opened public comment.
Mamene Barry, Public Comment
Mr. Barry of 919 2nd Avenue East asked questions.
Mayre Flowers, Public Comment
Ms. Flowers representing Citizens for a Better Flathead provided written comment. She
expressed the opinion that the Council agenda should be released earlier. Ms. Flowers voiced
support for option 1 as provided in her outline.
Sherry Wevrman, Public Comment
Ms. Weyrman of 77 Cloud Creek Road in Somers thanked the Council for their work and
consideration on this issue. She spoke in opposition to casinos and said she supports boundaries
where casinos can be placed. She is also opposed to accessory casinos.
John Denaba, Public Comment
Mr. Denaba of 670 Concord Lane spoke regarding the dangers of gambling addiction and the
culture that goes with it.
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Karlene Osorio Khor, Public Comment
Ms. Osorio-Khor said she would like to see boundaries regarding where a casino is allowed to
open, as well as the 600 foot limit that has been discussed.
Jackie Giesler, Public Comment
Ms. Giesler said she would like casinos kept to a small area.
Jenny LaSorte, Public Comment
Ms. LaSorte of 275 Sulky Lane said she feels accessory casinos are just as bad as stand-alone
casinos. She said she does not feel the amendments to the Ordinance have been stated clearly
enough. She then spoke in opposition to gambling, and provided her thoughts about how casinos
should be zoned.
Roxeanne Brothers, Public Comment
Ms. Brothers, 786 4th Avenue WN spoke in opposition to any casinos and provided details about
her beliefs.
Matthew Brake, Public Comment
Mr. Brake of 729 6th Avenue West raised noticing concerns. He then asked the Council to
restrict casinos as much as possible, and provided reasoning why.
Sharon DeMeester, Public Comment
Ms. DeMeester voiced opposition to casinos, support for a casino overlay zone and a 600 foot
restriction.
Paulene Shordal, Public Comment
Ms. Shordal of 3rd Avenue West spoke in opposition to Casinos and the effects of gambling.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
Phil Guiffrida moved to approve an Ordinance amending certain portions of the Kalispell
Zoning Ordinance (No. 1677) at section 27.34.040, Casinos, and declaring an effective date.
The motion was seconded by Chad Graham.
Mayor Johnson asked questions of staff.
Mayor Johnson continued questions for staff.
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Councilor Guiffrida began discussion on the motion. He also spoke regarding the extensive
public process that this subject has gone through.
Phil Guiffrida moved to amend Ordinance 1764, Exhibit A, Sections 1 and 2 adding the
words, "Federal highway" after residential zones and add "or from the right-of-way of a
federal highway." after the words property line to property line. The motion was seconded
by Chad Graham.
Councilor Atkinson asked questions regarding minor accessory casinos.
Councilor Guiffrida continued discussion on the amendment to the motion.
Councilor Kluesner asked a question regarding the amendment to the motion.
Councilor Guiffrida continued discussion on the amendment to the motion.
Councilor Atkinson continued discussion
The amendment to the motion carried unanimously upon vote.
Phil Guiffrida moved to amend Ordinance 1764, Exhibit A, Section 5 by striking the entire
paragraph. The amendment to the motion was seconded by Jim Atkinson.
Councilor Guiffrida provided discussion on the 2nd amendment to the main motion.
Councilor Atkinson and Guiffrida continued discussion on the amendment to the motion.
The second amendment to the motion carried unanimously upon vote.
Phil Guiffrida moved to amend Ordinance 1764, Exhibit A adding a new section 3 to state,
"All casinos, other than those considered to be a minor accessory use to a primary use,
shall be allowed only in the Kalispell B-5 zones as a conditional use". The motion was
seconded by Chad Graham.
Councilor Guiffrida provided discussion on the 3rd amendment to the main motion.
Councilor Carlson continued discussion on the amendment.
Councilor Atkinson continued discussion on the amendment.
Councilor Kluesner continued discussion on the amendment to the motion.
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The third amendment to the motion carried unanimously upon vote.
Councilor Atkinson provided discussion.
Mayor Johnson continued discussion on the motion.
The main motion as amended carried unanimously upon vote.
4. Resolution 5741 - Revised Fee Schedule - Plannin2 Office
This Resolution revises the fee schedule for the City Planning Office.
Planning Fee Schedule
Planning Director Tom Jentz provided the staff presentation on this item.
Councilor Graham began questions for staff.
Councilor Kluesner began discussion.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Jim Atkinson moved to approve Resolution 5741, a Resolution amending Resolution No.
5237 thereby revising the City of Kalispell Planning Office Fee Schedule and setting an
effective date. The motion was seconded by Kari Gabriel.
The motion carried unanimously upon vote.
5. Street Tree Committee Board Appointments
This item appoints Tony Nelson and Terence Richmond to the Street Tree Committee.
Street Tree Committee
Wayne Saverud moved to approve appointment of Tony Nelson and Terence Richmond to
the Street Tree Committee. The motion was seconded by Kari Gabriel.
The motion carried unanimously upon vote.
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F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
City Manager Doug Russell provided the following report:
• Flathead County passed a Resolution of Intent to create an E-911 Special District.
Notices have since gone out to property holders. Questions have arisen regarding the
cities stance about current city taxes used for 911 services. The City Council passed a
Resolution previously to stay revenue neutral regarding the 911 Special District so city
residents would not be taxed twice for the 911 District. City Manager Russell confirmed
with the Council that they are still in support of that stance. Council and staff discussed
the importance of letting city residents know that. Mr. Russell explained how that will
work.
• The next work session on November 9, 2015 has been canceled.
• Next regular council meeting: Impact Fees and clean up on Agreement with the City
Manager.
• An item to provide bonding assistance to Immanuel Lutheran may be coming to Council
in the future. Staff is currently looking into the details of this.
• Reminder: Election Day Tomorrow
Councilor Gabriel clarified that we are not planning a meeting on the fifth Monday of the month.
Councilor Atkinson spoke regarding the Ward 3 Town Hall Meeting.
Councilor Kuntz spoke regarding a vision work session.
Councilor Guiffi-ida spoke regarding having a joint meeting with FCEDA (Flathead County
Economic Development Association).
Mayor Johnson provided the following report:
• During the next regular meeting, Mayor Johnson will consider three applicants for the
two vacancies on the Impact Fee Advisory Committee. He also said if anyone else would
still like to apply, they can do so through this week.
• He received positive feedback from the Legislators who attended the recent work session
forum. He spoke further regarding looking to Helena for leadership and how the state will
need to look for creative ways to pay for infrastructure.
• Mayor Johnson reported having conversations with Mr. Moyer from Northwest Drywall
on behalf of FCEDA.
• Mayor Johnson asked that the public talk with state legislators about changes to the
casino regulations.
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G. ADJOURNMENT
Mayor Johnson adjourned the meeting at 9:55 p.m.
Minutes approved on:
Aimee Brunckhorst, CMC
City Clerk
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