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05-02-16 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES MAY 2, 2016 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayorandcity__council/meetings.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MAY 2, 2016, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. A. CALL TO ORDER B. ROLL CALL Jim Atkinson, Sandy Carlson, Kari Gabriel, Chad Graham, Phil Guiffrida, Mark Johnson, Tim Kluesner, Rod Kuntz, Wayne 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, Planner P.J. Sorensen, Chief of Police Roger Nasset, and Public Works Director Susie Turner. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Phil Guiffrida moved to approve the agenda as submitted. The motion was seconded by Sandy Carlson. The motion carried unanimously upon vote. E. CONSENT AGENDA 1. Council Minutes - Regular Meeting - April 18, 2016 INIP1011"I 2. Award Bid for Chip Seal Project for Year Ending December 31, 2016 Kalispell City Council Minutes May 2, 2016 Page 1 This item would award the chip seal project for the year ending December 31, 2016 to Pavement Maintenance Solutions. Award Bid 3. Engineering Consultant Award for the Kidsports Infrastructure Project This item would select WGM Group as the professional engineering consultant for the Kidsports Infrastructure Improvement Project. Kidsports 4. Ordinance 1770 - Second Reading - Adopting the Glacier Rail Park Development Plan and establishing a Targeted Economic Development District (TEDD) within the plan area This Ordinance would adopt the Glacier Rail Park Development Plan and establish a Targeted Economic Development District within the plan area. Ord 1770 Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Chad Graham moved to approve the consent agenda as submitted. The motion was seconded by Wayne Saverud. The motion carried unanimously upon vote. F. COMMITTEE REPORT - None G. PUBLIC COMMENT - None H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION None. 1. Conditional Use Permit - Sparrow's Nest Community Residential Facility This motion would approve a conditional use permit for a community residential facility for eight or fewer teens at 204 7th Avenue West. Kalispell City Council Minutes May 2, 2016 Page 2 Sparrow's Nest Senior Planner Jarod Nygren provided the staff report. Councilor Atkinson began questions for staff. Councilor Guiffrida continued questions for staff. Public Comment Mayor Johnson opened public comment on this item. Jerramy Dear-Ruel, Public Comment Mr. Dear-Ruel, Executive Director of Sparrows Nest of NW Montana spoke to the issues and statistics surrounding homeless High School Students and the role that Sparrows Nest plays in assisting these students. He spoke further regarding Sparrows Nests plan for the home. Kevin Treece, Public Comment Mr. Treece of 26 Velva Drive, spoke regarding the planning for this project and would recommend that the Council move forward with approving this application. Linda Kans, Public Comment Ms. Kaps of 258 El Rancho Road, a counselor at Columbia Falls High School said Sparrows Nest has not rushed into this project. She spoke to the goals of Sparrows Nest and the reasons the home is needed. Counselor Guiffrida asked questions of the applicant. Jerramy Dear-Ruel and Kevin Treece answered questions from Council. Counselor Carlson continued questions for staff. Counselor Kluesner continued questions for staff. Counselor Guiffrida continued questions for the applicant. Counselor Atkinson continued questions for the applicant. Counselor Carlson continued questions for staff. Counselor Kuntz continued questions for staff. Pauline Sjordal, Public Comment Ms. Sjordal of 234 3rd Avenue West, spoke in favor of this facility as a resident of this area of town and explained why she is supportive. Marcia Bumke, Public Comment Ms. Bumke of 55 Westbriar Court, Chairperson for Sparrows Nest NW Montana thanked the Kalispell City Council Minutes May 2, 2016 Page 3 Council and asked those in the room that were supportive of Sparrows Nest to stand. Most of the members of the room (35 to 40 individuals) stood in support of Sparrows Nest. Public Comment Closed Seeing no further comment, Mayor Johnson closed public comment. Jim Atkinson moved to approve staff report KCU-16-01 and the findings of fact and allow a conditional use permit subject to the four listed conditions. The motion was seconded by Rod Kuntz. Councilor Kuntz began discussion on the motion and thanked the applicants for their work on this issue. Councilor Gabriel provided discussion on the motion in support of the application. Counselor Guiffrida spoke regarding the conditions in the conditional use permit. Phil Guiffrida moved to amend Conditional Use Permit KCU-16-01 by adding condition # 5 that All required licensing, inspections and approvals be obtained from the State Department of Public Health and Human Services and PAARP Board. The amendment to the motion was seconded by Jim Atkinson. Counselor Guiffrida provided discussion on the amendment to the motion. The amendment to the motion carried unanimously upon vote. Counselor Guiffrida provided discussion on the main motion speaking about the possible impacts that a group home can bring to a neighborhood. The main motion as amended carried unanimously upon vote. 2. Ordinance 1771 - First Reading - Amending City Zoning Regulations This Ordinance would amend certain sections of existing Zoning Ordinance No.1677 as recommended by the Planning Board, including, but not limited to consideration of short term residential leases, building height restrictions, parking space requirements and rnicrobreweries/micro-distilleries. This is the first reading of this Ordinance, and would require coming before the Council once more for final adoption. Passage would occur 30 days after the final reading. Ord 1771 Kalispell City Council Minutes May 2, 2016 Page 4 City Manager Doug Russell provided a brief introduction to this item. Planner PJ Sorenson provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Joe Unterreiner, Public Comment Mr. Unterreiner, President and CEO of the Kalispell Chamber of Commerce thanked the staff and Council for taking on these updates and mentioned the benefits to business. He provided the following feedback on particular items as listed on the staff memorandum.#1: Increasing height limits for health care: Extremely important - explained why #7 and #12: Very supportive #13: Diane Medler will offer comments on behalf of the Chamber, #14: fastest growing manufacturing segments and an important part of creating a lively dining entertainment district Diane Medler, Public Comment Ms. Medler, Director of the Kalispell Convention and Business Bureau, a division of the Kalispell Chamber of Commerce said they support the cities proposal for short term rentals in residential areas and explained why they feel that way. Mayoe Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead handed the Council a packet of information and then spoke regarding concerns about the format that was used for the agenda materials available to the public. Ms. Flowers then mentioned concerns regarding short term rentals and asked that further discussion with the community take place before this item is passed. Ms. Flowers mentioned considerations she would like to see addressed by the Council in regards to short term rentals, including appropriateness in a particular area. She feels a study on the amount of short term rentals and demand should be undertaken, and a study on how affordable housing might be impacted. Ms. Flowers referred to other communities capping the number of short term rentals that can occur in a particular area. She spoke further regarding the manner she would like to see this matter move forward. Ms. Flowers then spoke regarding building heights and the need to reserve the right to restrict heights and why she feels that is necessary. Ms. Flowers referred to a parking study she provided and asked for alternatives to the recommendations provided by staff. She also referred throughout her comments to issues that Whitefish has seen with related issues. Ms. Flowers spoke to the importance of micro -breweries, wineries, and distilleries, but emphasized the need for proper citing, and having adequate standards in place. Sharon Demeester, Public Comment Ms. Demeester of 415 Chestnut Drive, asked questions about the recent creation of the B-3 Kalispell City Council Minutes May 2, 2016 Page 5 zoning district. Ms. Demeester then spoke to her experiences running a short-term rental through VRBO. She also provided a suggestion regarding parking changes. Robert Benke, Public Comment Mr. Benke of 329 5th Avenue East, is adamantly opposed to item 13 - short term rentals. He provided the reasons why he is opposed. Recess Mayor Johnson called for a short recess. Councilor Atkinson called the meeting back from Recess. Public Comment Closed Seeing no further public comment, Counselor Atkinson closed public comment. City Manager Doug Russell speaking to the request from the public for a more detailed staff report on this item suggested that Council table this item and take it back up in two weeks. Jim Atkinson moved to approve Ordinance 1771, An Ordinance Amending Certain Portions Of The Kalispell Zoning Ordinance (Ordinance No. 1677) At The Kalispell Municipal Code Sections As Set Forth In Exhibit "A", Regarding The Increase Of Maximum Heights In All H, B, I And P Zones, Increasing The Maximum Height In The Ra-1 Zone, Eliminating Of The Current Cup Requirements For Additional Height, Amending Accessory Structure Setbacks, Clarifying The Ability To Locate Cellular Service Antennae, Clarifying Size Requirements For Site Built As Opposed To Manufactured Homes, Reducing The Required Parking For Multi -Family Dwellings, Clarifying Existing Language Within The Off -Street Parking Design, Changing The Measurement Line For Site Lighting From The Right -Of -Way Line To The Curb Line, Changing The Responsibility Of Providing Property Ownership Lists From The Applicant To The City, Explicitly Including "Doggie Day -Care" Within The Definition Of Kennels, Reducing The Amount Of Required Off -Street Parking In The New B-3 (Core Area - Business) Zone By 50 %, Allowing Short Term Residential Rentals, Such As VRBO's, With An Administrative Conditional Use Permit And Subject To Certain Conditions, Expanding Microbrewery Uses To Include Wineries, Distilleries, And Tasting Rooms, Clarifying Existing Language Relating To Casinos, And Declaring An Effective Date. The motion was seconded by Kari Gabriel. Phil Guiffrida moved to amend Ordinance 1771 by removing section 13 and putting it on next Monday's work session for further study. The amendment to the motion was seconded by Rod Kuntz. Kalispell City Council Minutes May 2, 2016 Page 6 The amendment to the motion carried unanimously upon vote. Tim Kluesner moved to table Ordinance 1771 to the next regular council meeting pending a more detailed staff report. The motion was seconded by Chad Graham. The motion to table Ordinance 1771 carried unanimously upon vote. 3. Appointments to the Street Tree Committee, Technical Advisory Committee, and the Urban Renewal Board The Council will consider for approval the recommendations of the Mayor for appointments to these Committees and Board. Board Appts Mayor Johnson would like to appoint the following applicants: Street Tree Committee: Andrea Davidson Technical Advisory Committee: Tim Larson Urban Renewal Agency Board: Shannon Freix and Matthew Venturini Jim Atkinson moved to affirm the Mayors appointments to the Street Tree Committee, the Technical Advisory Committee, and the Urban Renewal Agency Board. The motion was seconded by Saverud. The motion carried unanimously upon vote. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Next Work Session, May 9: VRBO's (short term rentals) and a Sewer request for a parcel outside of city limits • Growth Policy Sub -Committee Meeting May 3 • Budget Work Session Meetings Tuesday, May 10, (place to be determined) and Wednesday, May 11 (Council Chambers) • Next Thursday night: Candidate forum at 7 p.m. Councilor Guiffrida announced a primary candidate forum hosted by the City Council on Thursday, May 12, 2016, at 7 p.m., in City Hall. He explained it will only be for contested races where the district overlaps city limits. This would include Senate District 3, House District 11, Kalispell City Council Minutes May 2, 2016 Page 7 and the Flathead County Commission race. The Mayor will moderate, and the City Council will have prepared questions that each candidate will answer. The public is invited to attend, and the forum will be broadcast live on Cable Channel 190. The forum will also be aired periodically afterward until the primary election has occurred. Councilor Kuntz reminded the public of the monthly Ward III Town Hall Meeting this Wednesday, May 4, 2016, at 7 p.m. in City Hall, Council Chambers. Mayor Mark Johnson provided the following report: 911 Board: Review of operations at the 911 Center. The board voted during a special meeting last week, to move forward with having an outside consultant look at the operations of the Center. • Washington DC trip: Series of successful meetings Fine tuning the process and timing of implementing TIGER grant. With the scope of our project, we will need an environmental assessment completed which will move the timing out on the project. The requirement to complete the project within five years does not start until environmental assessment is completed. J. ADJOURNMENT Seeing no further business, Mayor Johnson adjourned the meeting at 8:46 p.m. S®� `K�At 4///iz000 RI SEAS. _ 1892 jjtl�� t�� G Aimle Brunckhorst, CMC City Clerk Minutes approved on: q ' t / (-", Z0/ (p Kalispell City Council Minutes May 2, 2016 Page 8