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E1. 05-16-16 City Council MinutesKALISPELL CITY COUNCIL MINUTES MAY 16, 2016 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayor and city council/meetin2s.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MAY 16, 2016, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. A. CALL TO ORDER B. ROLL CALL Mayor Mark Johnson presided. Council members Jim Atkinson, Sandy Carlson, Kari Gabriel, Phil Guiffrida, Tim Kluesner, Rod Kuntz, and Wayne Saverud were present. Chad Graham was absent. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Planner II P.J. Sorensen, Public Works Director Susie Turner, and Police Captain of Administration Wade Rademacher. 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 - May 2, 2016 0502 minutes 2. Award Bid to LHC, Inc., for Sylvan Drive Storm Main Improvement Proiect This item would award a capital improvement project to LHC, Inc. in the amount of $511,828.16 to improve the storm system on Sylvan Drive. Award Bid Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Wayne Saverud moved to approve the consent agenda as submitted. The motion was seconded by Jim Atkinson. The motion carried unanimously upon vote. F. COMMITTEE REPORT - None G. PUBLIC COMMENT Mayor Johnson opened public comment. Mayre Flowers, Citizens for a Better Flathead Ms. Flowers of Citizens for a Better Flathead feels that the agenda should not state that there is not a public hearing, as it could confuse the public. Ms. Flowers also was not satisfied with the staff report that has been provided for action item 2: amendments to the city zoning regulations. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. H. PUBLIC HEARING - None L REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Resolution 5760 - Resolution of Intent & Call for Public Hearing - Community Development Block Grant (CDBG) Public Facilities Grant Submission for Flathead County Fairgrounds Flathead County has requested use of the City's allocation of public facilities CDBG Block Grant funding from the Montana Department of Commerce to complete Americans with Disabilities Act (ADA) improvements at the County Fairgrounds. This Resolution provides notice of the Kalispell City Council Minutes May 16, 2016 Page 2 City's intent to assent to this grant allocation and schedules a public hearing on this matter for June 6, 2016. Res 5760 City Manager Doug Russell provided a staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Jim Atkinson moved to approve Resolution 5760, a Resolution of Intent by the City of Kalispell to live its assent to Flathead County in a grant application submission to the Montana CDBG Public Facilities Program for the purposes of partial funding for the construction of ADA compliant facilities at the Flathead County Fairgrounds located in the city of Kalispell and setting a date for a public hearing. The motion was seconded by Rod Kuntz. The motion 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 building height restrictions, parking space requirements and microbreweries/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 City Manager Doug Russell provided a brief overview of this item. Planner PJ Sorensen provided the staff report for this item. Councilor Atkinson began questions for staff related to public hearings, and public comment. Public Comment Mayor Johnson opened public comment. Margaret Davis, Public Comment Ms. Davis of 160 Charlotte Avenue referred to the public testimony she emailed to the Council. She would request that the height increase amendment be removed for the H-1 zoning district, explained why, and said the requirement of a conditional use permit would be more appropriate. She explained further why she feels that way. Ms. Davis then spoke in opposition to the Kalispell City Council Minutes May 16, 2016 Page 3 amendments proposed for accessory structure setbacks. She would recommend a 3' setback amendment instead. Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead referred to the written public comment she submitted. Ms. Flowers feels additional discussion and clarity is needed on these proposed amendments. She said she would like the staff report to specifically address the questions she has raised. She also asked that if the Ordinance does pass on first reading, the second reading of the Ordinance not be placed on the consent agenda. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Phil Guiffrida 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, clarifyin2 the ability to locate cellular service antennae, clarifyin2 size requirements for Site Built as opposed to Manufactured Homes, reducing the required parking for Multi - Family Dwellings, clarifying existing lan2ua2e within the Off -Street Parking Design, chan2in2 the measurement line for Site Li2htin2 from the right-of-way line to the curb line, chan2in2 the responsibility of providing property ownership lists from the applicant to the city, explicitly including "Donie 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%, expanding Microbrewery uses to include Wineries, Distilleries, and Tasting Rooms, clarifying existing lan2ua2e relating to Casinos and declaring an effective date. The motion was seconded by Tim Kluesner. Councilor Guiffrida began discussion on the motion talking about the process that these amendments have gone through up to this point. Councilor Guiffrida then addressed the issues raised regarding the proposed height amendments and other specifics within the proposed amendments. The motion carried upon vote with Jim Atkinson, Sandy Carlson, Kari Gabriel, Chad Graham, Phil Guiffrida, Mark Johnson, Tim Kluesner, and Rod Kuntz voting in favor, Wayne Saverud voting against, and Chad Graham absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) Kalispell City Council Minutes May 16, 2016 Page 4 City Manager Doug Russell provided the following staff report: • In addition to the regular meeting, and a candidate forum on Thursday, the Council held a series of Budget Work Sessions last week that will come before Council in June. • The work session on Monday, May 23, will be cancelled, and rescheduled to Thursday, June 2, at 7 p.m. with a discussion regarding the South Kalispell Urban Renewal Plan update. Councilor Atkinson spoke regarding public requests he has received to revisit the cell phone/texting while driving issues. He asked the Council if they would be interested in looking at that again at another work session. Councilor Kluesner would not be interested in reviewing cell phone laws and explained why. Mayor Johnson provided reasoning why he does not feel it appropriate to place this on a work session at this time. Councilor Saverud spoke regarding a news story that aired today about driving while utilizing a cell phone. Councilor Kuntz spoke regarding the public comment received regarding the process tonight and the issues of law. He also mentioned the value the Council does place on public comment received, and how it is all taken into consideration and is a part of the decisions that they make. Mayor Johnson provided the following report: • 911 Board Meeting: The board reviewed the budget for the 911 Center for the upcoming year. The center had slated an increase for the municipalities and for the County contribution to the budget. Mayor Johnson spoke further about the budget discussion that occurred at the board meeting. He also pointed out at the board meeting, that city residents pay almost 4x as much as a county resident for the service, and expressed the councils discomfort with this situation. Until the outside spending study that has been requested is finished, he does not believe that an increase in funding is warranted. Mayor Johnson made a motion at the board meeting that did pass unanimously, that the proposed increase in funding from the municipalities and the County not occur at this time. • Mayor Johnson requested that the Growth Policy Sub -Committee meeting scheduled for tomorrow, May, 17, 2016, be cancelled and moved out to a later date to be noticed. Kalispell City Council Minutes May 16, 2016 Page 5 • Mayor Johnson brought up the public comments that were brought forward regarding the process and encouraged the public to watch the Planning Board agendas and comment on these items at the Planning Board, so the public can get involved at the beginning of the review process. The same items are first vetted at the Planning Board and it is much more helpful to get the comments then, so the comments can be fully digested and considered. K. ADJOURNMENT Seeing no further business, Mayor Johnson adjourned the meeting at 7:46 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on: Kalispell City Council Minutes May 16, 2016 Page 6