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11-21-16 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, November 21, 2016 at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Mayor Mark Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Wayne Saverud: Absent until 7:02 p.m. Council Member - Chad Graham: Present President - Jim Atkinson: Present Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Present City staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Planner II PJ Sorensen, and Chief of Police Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to approve the agenda as presented. Council Member - Phil Guiffrida: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent until 7:02 p.m. Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion was approved unanimously with Councilor Saverud absent. Page 1 of 6 Kalispell City Council Minutes, November 21, 2016 E. CONSENT AGENDA 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 — November 7, 2016 a 2. Small Business Saturday Proclamation — November 26, 2016 Ordinance 1780 — Second Reading - PUD Extension — Glacier Town Center Go This ordinance would extend the existing Glacier Town Center Planned Unit Development plan until February, 2018. 4. Ordinance 1781 — Second Reading - Parking Advisory Board Recommendation to Eliminate Parking Restriction a This ordinance would eliminate certain parking restrictions that are currently established west of Second Avenue West. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion to pass the consent agenda as submitted. Council Member — Jim Atkinson: Motion Council Member — Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion passed unanimously on roll call vote with Councilor Saverud absent. Mayor Johnson read the Small Business Saturday Proclamation out loud. Wayne Saverud joined the Council meeting. F. COMMITTEE REPORT - None. G. 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 the proper manner of addressing the council. Please limit comments to three minutes. Page 2 of 6 Kalispell City Council Minutes, November 21, 2016 Mayor Johnson opened public comment. Seeing none, he closed general public comment. H. PUBLIC HEARING — Proposed Amendment to Adopt, Reject or Revise the Growth Policy for the Intersection of Stillwater Road and Four Mile Drive Mayor Johnson opened the public hearing and called for public comment. Mike Fraser, Public Comment Mr. Fraser of 690 North Meridian representing the applicant provided background on the area that has been proposed for an amendment to the growth policy. Seeing no further public comment, Mayor Johnson closed the public hearing. I. 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 the proper manner of addressing the council. Please limit comments to three minutes. Ordinance 1778 — Second Reading — Short Term Rentals (Vacation Rentals B m Owner) a This ordinance would amend the Kalispell Zoning Code by recognizing Short Term Rentals as permitted in all residential zones through an administrative Conditional Use Permit process. Ordinance 1778 passed first reading on November 7 with several amendments on a 4-3 vote. City Manager Doug Russell provided background on the previous meetings pertaining to this subject. Councilor Kuntz began questions for staff. Councilor Guiffrida continued questions for staff. Councilor Atkinson continued questions for staff regarding two residential owners. Councilor Kluesner asked Council about the intent of the amendment to the motion during the first reading of the Ordinance. Public Comment Mayor Johnson opened public comment. Erica Wirtala, Public Comment Ms. Wirtala with the Northwest Montana Association of Realtors said they feel the amendment provided to the motion at first reading does not provide the protections that Council was trying to seek with the amendment and would be very hard to enforce. Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead would ask the Council to reconsider the wording within the Ordinance while keeping the intent intact. Page 3 of 6 Kalispell City Council Minutes, November 21, 2016 Diane Medler, Public Comment Ms. Medler with the Kalispell Chamber of Commerce spoke about the complexity of this issue and said they have concerns about the amendment that was included in the Ordinance and explained those concerns. Sonya Brown, Public Comment Ms. Brown, a property manager for vacation rentals said the amendment added to the Ordinance at the previous reading would put her out of business as many of the vacation rentals are not owner occupied. Seeing no further public comment, Mayor Johnson closed public comment. Councilor Kuntz moved and Councilor Gabriel seconded a motion to approve Ordinance 1778, an Ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1677) at Kalispell Municipal Code Sections 27.20.095 Short Term Residential Rental Standards and 27.37.10 definitions as set forth in Exhibit "A", and declaring an effective date. Council Member - Rod Kuntz: Motion Council Member - Kari Gabriel: 2nd Councilor Kluesner began discussion on the motion. An amendment to the main motion was made by Councilor Kluesner seconded to Councilor Gabriel to strike item (3) from the Ordinance, "The residential dwelling unit to be utilized for short term rental shall be the primary residence of the property owner in the R-1, R-2, R-3, R-4, and R-5 zones." Council Member — Tim Kluesner: Motion Council Member — Kari Gabriel: 2nd The Council and Mayor had extensive discussion on the amendment to the motion. Councilor Saverud moved and Councilor Atkinson seconded to table this item to the first meeting in December. Council Member - Wayne Saverud: Motion Council Member — Jim Atkinson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Disapprove Council Member - Tim Kluesner: Disapprove Council Member - Phil Guiffrida: Approve The motion to table passed 5-4 on roll call vote. Page 4 of 6 Kalispell City Council Minutes, November 21, 2016 2. Resolutions 5790A 5790B 5790C — Stillwater Road and Four Mile Drive — go Accept, Amend or Reject a Growth Policy Amendment a This resolution would adopt, revise or reject a Growth Policy amendment that would apply to 30 acres at the intersection of Stillwater Road and Four Mile Drive. Jarod Nygren provided the staff presentation on this item. Council members began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Councilor Atkinson moved and Councilor Guiffrida seconded to anarove Resolution 5790A, a Resolution adopting an amendment to the Kalispell Growth Policy 2020 on 30 acres of property located at the northwest corner, southwest corner and southeast corner of the intersection of Stillwater Road and Four Mile Drive in Flathead County, Montana, by changing the designation of land from "Suburban Residential" and "Urban Residential' to "Neighborhood Commercial" and "High Densitv Residential', to be known as the Stillwater -Four Mile Drive amendment. 08:21:33 PM (01:22:01) Councilor Gabriel disclosed that she has a personal relationship with Debbie Street (who is named in the application) and offered to recuse herself from the vote if necessary. President - Jim Atkinson: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion passed unanimously on roll call vote. I CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell announced that they did not have a work session topic planned for next Monday and asked Council if they would like short term rentals discussed again at next Monday's work session. City Council discussed whether a work session on the short term rentals should be held next Monday. The Council decided to have a work session on short term rentals next Monday. Page 5of6 Kalispell City Council Minutes, November 21, 2016 08:28:18 PM (01:28:46) Mr. Russell announced that a budget amendment for law enforcement will be brought forward during the December 5, meeting. During the December 12, work session a conversation is scheduled with the nonprofit Paws to Play for potential dog parks. 08:29:19 PM (01:29:47 ) Councilor Kuntz referred to the alcohol addendum decision that was made by Council several weeks ago and spoke to the comments made by members of the public pertaining to that decision. 08:31:47 PM (01:32:15) Councilor Atkinson announced that Thursday, December lst, Ward III is having a town hall meeting in Council Chambers at 7 p.m. to discuss issues of importance to the community. 08:32:33 PM (01:33:01) Mayor Johnson wished the citizens of Kalispell, city staff and first responders a Happy Thanksgiving and thanked first responders for their service keeping residents safe on the holidays. K. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — November 24 & 25, 2016 — Thanksgiving Holiday Next Regular Meeting — December 5, 2016, at 7:00 p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Aimee Brunckhorst, CMC City Clerk Minutes approved on: Ck 1't ��� -2—c (�- Page 6 of 6