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01-17-17 City Council Meeting MinutesMONTA NA CITY COUNCIL MEETING MINUTES TUESDAY, January 17, 2017 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: Absent Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Wayne Saverud: Present 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, Senior Planner Jarod Nygren, Finance Director Rick Wills, Community and Economic Development Director Katharine Thompson, and Chief of Police Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to approve the agenda as submitted. Council Member - Wayne Saverud: Motion Council Member - Kari Gabriel: 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion was approved unanimously on voice vote with Mayor Johnson absent. Page 1 of 13 Kalispell City Council Minutes, January 17, 2017 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. w 1. Council Minutes — Regular Meeting - January 3, 2017 a 2. Ordinance 1784 —Second Reading —School District Five Initial Zoning of P-1 a This Ordinance would create initial zoning of Public (P-1) for 24.88 acres at the 2100 block of Airport Road. 3. Brownfields Qualified Environmental Professional Selection Recommendations This item approves the selection of Newfields, Weston Solutions and WGM Group as a pool of qualified environmental professionals for Brownfields Assessment. President Atkinson opened public comment on the consent agenda. Seeing none he closed public comment. Motion that consent item 3 `Brownfields Oualified Environmental Professional Selection Recommendations" be moved to Reports, Recommendations and Council Action, item 1, and moved annroval of the remainder of the consent agenda as published. Council Member - Phil Guiffrida: Motion Council Member - Chad Graham: 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 Council Member - 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 Mayor Johnson absent. 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. 00:03:25 Karlene Osorio-Khor, Public Comment Ms. Osorio-Khor asked that the council request that advisory boards provide an annual report to the Council. She would suggest that re -runs of the City Council meeting on Channel 190 be Page 2 of 13 Kalispell City Council Minutes, January 17, 2017 advertised on the utility bills, and be scheduled for regular times. She then spoke regarding concerns about the security guards on city streets around Fresh Life Church on the weekends. 07:05:40 PM (00:07:32 i .loe Unterreiner, Public Comment Mr. Unterreiner, CEO of the Kalispell Chamber of Commerce provided their annual report to the council and spoke regarding some of the highlights from the report. 07:09:25 PM 00:11:17 ! Ken Yachechak, Public Comment Mr. Yachechak of 157 North Meridean, congratulated the Police Chief and the Police Department saying they have not had any crime on his properties for about seven months. He congratulated the Council on hiring additional staff and the new police K9 coming on staff. He would encourage the Council to hire more police officers. Seeing no further public comment, President Atkinson closed public comment. H. PUBLIC HEARING — Creation of Kalispell Downtown Business Improvement District ia a Council will accept comments concerning the creation of a Kalispell Business Improvement District to replace the downtown Business Improvement District that is expiring. 00:15:43 Muriel Hagerman, Public Comment Ms. Hagerman explained that she and her husband own the property where Julie's Cafd and Hagedon, are located and have for 45 years. In addition they own a duplex and house behind Hagedon. She is opposed to the District saying that they maintain their property themselves and they do not feel they would benefit from the district and cannot recoup the cost of the assessment from their renters. Richard Mohrenweiser, Public Comment Mr. Mohrenweiser says he owns several buildings downtown on the west side and is representing certain businesses requesting that they be removed from the creation of the KBID. He spoke regarding the various entities that provide services to the downtown district. Mr. Mohrenweiser said he and the owners he is representing do not feel that the KBID provide them with health, prosperity, security or general welfare, and they do not wish to be in the district as they feel it would be a hardship and a non -necessary expenditure. (Mr. Mohrenweiser submitted written public comment of his full statement to the city clerk.) Marshall Noice, Public Comment Mr. Noice and he and his wife Jackie own the property at 127 Main Street. He is one of 104 property owners who have signed petitions in favor of the establishment of the business improvement district and he feels they are getting a large return on their small investment. His family has had businesses on Main Street since 1968, and he feels the KBID has provided a downtown that is more vital, attractive, and developer friendly since its establishment. Mr. Noice said he is very hopeful that he will he able to see the results of the KBID over the next ten years. Jay Billmayer, Public Comment Mr. Billmayer and his wife Vickie own the downtown Post Office. He spoke regarding his experiences when the BID was first created. He explained then that the downtown post office is Page 3 of 13 Kalispell City Council Minutes, January 17, 2017 mandated and they have long term leases with little or no flexibility. At the time, they drew the boundary around the post office. Mr. Billmayer is opposed to the BID and feels the district boundary is arbitrary, and feels they should be better considered to the benefit of the properties within the boundary. He spoke regarding why he feels that way and why he does not feel the benefits of the BID would be relevant to his property. Eric Robbins, Public Comment Mr. Robbins, owner of Aluma Glass spoke regarding the fagade improvement grant that his business and his business neighbor the Rose Briar received from the KBID and how important that grant was for him to make the decision to stay downtown when he and his brother-in-law bought the business several years ago. He also felt that the KBID really felt community minded and he appreciated that it felt like the downtown really wanted them to succeed. Mr. Robbins invested more of his own finances in the fayade and remodel knowing that. He is very much in favor of the KBID as it is community driven. He believes it is healthy and increases property value and many more benefits. 00:31:21 Jayson Peters, Public Comment Mr. Peters of 202 2" Ave West said he is representing the Thompson's and Sykes Real Estate and would request that Sykes Real Estate LLC be removed from the BID boundary because 14 residential rental units are being assessed in addition to the retail business. If this property is included in the boundary, they will increase the rent by $200 per year per tenant to cover the cost. Karlene Osorio-Khor, Public Comment Ms. Osorio-Khor, is with LaLark LLC which owns properties downtown. She spoke saying many oppose the boundary expansion of the KBID. She feels the downtown sees itself as block by block and feels the council should look at exactly where the property owners are located that are in favor of the BID. She said she knew nothing about the BID. She spoke regarding her experiences in asking for the budget, then read out many of the expenditures of the KBID. She spoke in opposition of any board members receiving any KBID grants, saying she feels it is a conflict of interest, and feels the board is rewarding themselves. She said she does not feel many of the budget line items are necessary for the success of downtown businesses and are actually a hardship. She is confused about what organizations pay for what, and feels the budget needs reviewed. Ms. Osorio-Khor then said she was speaking on behalf of Barb Smith with Smiths Carpets and read out some of the top expenditures spent since 2012. Mike Reskoviak, Public Comment Mr. Reskoviak, owner of Artistic Barbering explained he rents from Sykes and just recently found out about the KBID. He spoke in opposition to the KBID saying he feels it is unfair to be taxed to have someone else improve his business. He feels the city should be cleaning up downtown with the taxes they already receive and fagade improvements should only be financed by the individual business owner. 00:52:02 Debbie Snyder, Public Comment Ms. Snyder, owner of Flowers by Hanson in downtown Kalispell (established in 1943) said when she started working there in 1994, downtown Kalispell was a hollow place. In the last ten years she has seen how they now have an advocate in the KBID for all the downtown property owners. She explained that as a small business owner she does not have the time to ask for new businesses to come downtown, but the KBID does that on behalf of all of them. She also said the Page 4 of 13 Kalispell City Council Minutes, January 17, 2017 KBID is not just one paid position, but includes hundreds and hundreds of volunteer hours that have been given to downtown Kalispell. Ms. Snyder does not know where they would be without this KBID. She spoke about the many accomplishments of the KBID over the past ten years, including getting new businesses downtown, helping highways, making Main Street a friendly place to be. Ryan Keeler, Public C#_ Mr. Keeler spoke on behalf of the VFW at 330 First Avenue West. The VFW is a 501c3 nonprofit, and Mr. Keeler said to include the VFW in the expansion would take away 6% of the money they give out to veterans in this community. 00:54:48 Ken Yachachak, Public Comment Mr. Yachachak, the property owner of Depot Park Square downtown spoke regarding his business and how it is transitioning to professional offices. He said he is neutral regarding the KBID. He spoke regarding the dramatic changes seen in the town. He spoke regarding both the negative and positive benefits of the KBID. He spoke regarding the history of the KM Department Store and other projects they have been a part of over many years. 00:57:02 Tim Price, Public Comment Mr. Price, owner of 300 First Avenue West, and the leesee of another downtown property said he can speak to both owning and leasing downtown. From the standpoint of a property owner, the KBID has positively impacted his investment in downtown and helps protect and grow his investment. If the KBID no longer existed, his investments would be negatively impacted. He has seen that the KBID attracts other businesses into the downtown area. He disagrees with a comment that downtown looks at themselves block by block. When he sees a reinvestment back into downtown, his property value increases. He is also in favor as a lease holder on Main Street, knowing that the cost will increase his lease. He truly sees the value of the KBID to downtown. He said that the fact that 104 owners are in favor of the BID, many from the expanded area, speaks volumes. He spoke regarding the increase in downtown tenants since the KBID has been put into place. Doug Denmark, Public Comment Mr. Denmark of 1 Main Street spoke regarding when he purchased the property in 1998 from the city of Kalispell and promised to overdevelop the parking lot with flowers, trees and shrubs. He remodeled his building and spoke regarding high taxes. He feels the KBID should be renamed the maintenance district saying facades have been improved, the looks have been improved. He said he has never asked for any money from the city, and is opposed to taxes for improvements he feels businesses should make on their own. He feels the KBID assessment should be voluntary. Mr. Denmark is opposed to the KBID saying he does not feel he benefits from it. He further explained his position. 01:05:54 Tim Kluesner, Public Comment Council member Kluesner, of 1211 5 Avenue East, left the council dais and approached the podium saying he was speaking on behalf of Ron Trippet, owner of Trippet printing. Mr. Kluesner read a letter from Mr. Trippet in opposition to the KBID. He feels the owners of record for the proposed BID are not correct or current. He believes this because he has been receiving mail regarding the BID to his business, Double Delight from the KBID and the city even though he sold the associated property at 323 S. Main Street 17 months ago. (The envelopes were provided for the record.) Ile believes the new owner has not been made aware of the BID. He Page 5 of 13 Kalispell City Council Minutes, January 17, 2017 also sent in an opposition letter signed by a property owner at 88 N. Main, and an opposition letter signed by Mr. Trippet for the property he no longer owns. Mr. Kluesner added that Mr. Trippet feels he can delegitimize this BID based on the inaccuracy of the property owner list being used if the BID was ever challenged in court. 01:09:22 Lee Kozlowski, Public Comment Mr. Kozlowski, owner of a building at 131 First Avenue East with his wife Rita Fitzsimmons said they have been recipients of the fagade grant, saying it was money they would not have spent if that money were not available. Over the long term, the money he pays into the KBID and is spent on marketing is of value - in the sale of his property or in the rents that will increase over time. He started doing business downtown in 1998 when there really was a serious parking problem. He said there are less businesses downtown, saying there are a lot of churches downtown which is not the best use of the space. With the tracks being removed, there will be more and more interest in downtown, and he spoke in favor of the KBID. Rita Fitzsimmons, Public Comment Ms. Fitzsimmons is co-owner of 131 First Avenue East. She spoke as a representative of the Conrad Mansion Museum saying the museum is a cultural treasure to Kalispell and the valley and it benefits the whole community by its presence. She would argue that a thriving, beautiful downtown benefits the whole community by its presence. The museum is owned by the City of Kalispell, but not supported by any tax dollars. Their tour attendance increased by 12,000 visitors last year, the biggest increase they have ever had. One of the reasons for this is the new wayfinding signs in downtown Kalispell which were partially paid for by the BID. People can find the mansion much more easily. The BID has helped her business and her building and has also helped the museum. Public Heariny, Closed. Seeing no further public comment, Council President Atkinson 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. ( Was consent item 4) Brownfields Qualified Environmental Professional Selection m Recommendations 4,- This item approves the selection of Newfields, Weston Solutions and WGM Group as a pool of qualified environmental professionals for Brownfields Assessment. Katharine Thompson, Community and Economic Development Director provided background information on this item. 01:18:17 Council asked questions of staff. 01:22:27 Public Comment President Atkinson opened public comment. Seeing none, he closed public comment. Page 6 of 13 Kalispell City Council Minutes, January 17, 2017 Motion to approve the selection of Newfields, Weston Solutions and WGM Group as a pool of qualified environmental professionals for Brownfields Assessment. Council Member - Phil Guiffrida: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent 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: Ap rove Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion passed unanimously on voice vote with Mayor Johnson absent. m 2. Resolution 5798 — Resolution of Intent - Immanuel Lutheran Bond Issuance a This Resolution would give notice and call for a public hearing on the issuance of up to $75,000,000 in Housing and Healthcare Facilities Revenue Bonds as requested by the Immanuel Lutheran Corporation. City Manager Russell and City Attorney Harball provided information on this item. 01:28:01 Council began questions for staff. Public Comment President Atkinson opened public comment. 01:29:05 Jason Cronk, Public Comment Mr. Cronk, CEO for Immanuel Lutheran Communities thanked the Council for their assistance in this matter. He then provided background on the services and facilities that Immanuel Lutheran has offered to the community over the years and provided details about their current and upcoming development phases. 01:33:29 Public Comment Closed. Seeing no further public comment, President Atkinson closed public comment. 08:32:07 PM (01:33:59a Motion to approve Resolution 5798 Relating To Issuance Of Revenue Refunding Bonds And Revenue Bonds, The Proceeds Of Which Will Be Loaned To The Immanuel Lutheran Corporation Of Kalispell, Montana For The Refinancing Of Certain Revenue Bonds Previously Issued By The City Of Kalispell And The Financing Of Certain Capital Improvements To Be Made To The Campus Of Immanuel Lutheran Home Located In The City Of Kalispell; Calling For A Public Hearing With Respect To The Issuance Of Such Revenue Bonds, Granting Preliminary Approval To The Issuance Of Such Revenue Bonds3 Establishing Compliance_ With Certain Reimbursement Regulations Under The Internal Revenue Code Of 1986, As Amended, And Taking Certain Other Actions With Respect Thereto. .^ ..,..._ . , - • -- Page 7 of 13 Kalispell City Council Minutes, January 17, 2017 Council Member - Wayne Saverud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent 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 with Mayor Johnson absent. Memorandum of Understanding (MOU) between Northwest Drywall, Flathead am County Economic Development Authority and the City of Kalispell ' 4� Approval of this MOU would formalize the intent of an agreement between the three parties to move forward with the relocation of businesses located at 160 W Street West North to the Glacier Rail Park and to allow the subsequent rail abandonment process to begin. City Manager Russell provided a staff presentation on this item. 01:42:12 Public Comment President Atkinson opened public comment. Tom Esch, Public Comment Mr. Esch, the attorney for Northwest Drywall since 2012, spoke on behalf of the owners of NW Drywall, The Mowers saying they are supportive of this memorandum of understanding. He then explained why the rail component of their business is essential and said they have been here since 1988. Last year they had over 50 cars come to their location in Kalispell. He provided more information about their businesses and how they rely on rail. They feel this agreement is fair and explained why they feel that way. 01:45:58 Seeing no further public comment, President Atkinson closed public comment. Motion to approve a memorandum of understanding between Northwest Drywah, Flathead County Economic Development, and the City of Kalispell and authorize the Mayor to sign the documents. Council Member - Phil Guiffrida: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Absent 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: ApRrove Council Member - Tim Kluesner: Approve Page 8 of 13 Kalispell City Council Minutes, January 17, 2017 Council Member - Phil Guiffrida: Approve The motion passed unanimously on voice vote with Mayor Johnson absent. 4. Resolution 5799 — Request to Burlington Northern to Abandon Rail Line a This Resolution would formalize a request to Burlington Northern to abandon a rail line between Milepost 1225.17 and 1227.58 to further the West Side Urban Renewal Plan and Core and Rail Redevelopment plans. City Manager Russell provided the staff presentation on this item. Councilor Kluesner began questions for staff. 01:51:11 Public Comment Council President Atkinson opened public comment. Seeing none, he closed public comment. Motion to approve Resolution 5799, A Resolution requesting that Burlington Northern begin the abandonment process for the rail identified for removal as part of the core area redevelopment project. Council Member - Chad Graham: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Absent 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: Avurove The motion was approved unanimously on roll call vote with Mayor Johnson absent. 5. Conditional Use Permit — Lofts at Ashlev 55 Unit Apartment Complex a This Motion would approve a conditional use permit to the Lofts at Ashley, LLC for a 55 unit multi -family apartment complex at 2050 Airport Road to be constructed in conformance with the conditions set forth. City Manager Russell provided an introduction to this item_ Senior Planner Jarod Nygren provided the staff presentation on this item. 01:56:37 Public Comment President Atkinson opened public comment. 01:56:48 Dave Weber Public Comment Mr. Weber, owner of 2050 Airport Road and developer of the proposed project said they would really like to be a part of the South Kalispell Urban Renewal project, and felt like this would be a great stepping stone. He said he has really worked hard to work with the neighborhood but has Page 9 of 13 Kalispell City Council Minutes, January 17, 2017 not felt very welcome by the community. They have been asked to build an 8 foot berm that is almost 50' wide, with almost 30' trees so the neighbors won't be able to see the project. Then the neighbors want to dictate what the project looks like. He then spoke regarding the varied property conditions and looks throughout the neighborhood as there are no covenants in the neighborhood about what colors or materials are used or what type of home is built. This variation makes it difficult to comply with the mandate to be compatible with the surrounding neighborhood. He spoke regarding the materials they are recommending and how they have been misrepresented. He also does not feel the council should be legislating what materials and colors should be used. 02:00:26 Michael Morgan, Public Comment Mr. Morgan, the architect for the project said he was troubled by the verbiage provided for a possible amendment to condition 2 where it says, "materials designed to show an aged, agrarian, weathered look", as he does not feel that would describe the materials they are proposing. There are some materials that are repurposed but it is contemporary and clean and appropriate for the area. He is however ready to proceed forward with whatever conditions the council sees fit. He asked Council if they would like to see the renderings of the buildings, as a prior rendering was just meant to show scale and relief, but did not show what the materials will look like. 09:02:30 PM (02:04:21) Council decided they did not wish to see the renderings saying the Architectural Review Committee would be more appropriate to view the renderings. 02:04:26 Motion to remove this item from the table. Council Member - Rod Kuntz: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Absent 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 to remove this item from the table was approved unanimously with Mayor Johnson absent. The main motion as removed from the table from the January 3, 2017, City Council meeting is as follows: Councilor Atkinson moved and Councilor Kuntz seconded to approve conditional use permit KCU-16-05 with the seventeen (17) conditions of approval. 09:03:11 PM (02:05:03 ) Councilor Graham moved and Councilor Guiffrida seconded to amend the main motion to strike condition 3 as it is written and replace it with the language "to ensure neighborhood compatibility, prior to the issuance of a building permit, all exterior finishes must be reviewed by the Architectural Review Committee to provide for neighborhood design character and aesthetics. Page 10 of 13 Kalispell City Council Minutes, January 17, 2017 Council discussed the amendment to the motion. Council Member - Chad Graham: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Absent 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 amendment to the main motion passed unanimously on voice vote with Mayor Johnson absent. Councilor Kuntz moved and Councilor Gabriel seconded to amend the main motion to modify condition #13 to add the word "minimum" in front of 6' tall landscaped berm and an amendment to condition #14 by adding after westerly property line "in an area in which a fence does not exist at the time of construction." Council provided discussion on the second amendment to the main motion. Council Member - Rod Kuntz: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent 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 second amendment to the main motion passed unanimously on voice vote with Mayor Johnson absent. Council Member - Jim Atkinson: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Page 11 of 13 Kalispell City Council Minutes, January 17, 2017 The main motion as amended passed unanimously on voice vote with Mayor Johnson absent. 6. Resolution 5800 - Resolution of Intent - Silverbrook Planned Unit Develotment a* Amendment Request a This Resolution would call for a public hearing to be held on February 6, 2017, to consider an amendment request to the Silverbrook Planned Unit Development. City Manager Russell provided a brief introduction to this item and said the city is planning to notify everyone via mail within the PUD about the public hearing. Public Comment President Atkinson opened public comment. Seeing none, he closed public hearing. 02:17:18 Motion to approve Resolution 5800, A Resolution Calling For A Public Hearing On The Application Of Silvermont Properties, LLLP, For An Amendment To The Silverbrook Estates Planned Unit Development Located At The Southwest Corner Of Church Drive And Highway 93 North In The City Of Kalispell And Directing The City Clerk To Give Notice Thereof. Council Member - Phil Guiffrida: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Absent 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 with Mayor Johnson absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager provided the following report: As part of the legislative platform of the council (city) maintaining TIF statutes as they currently are or being able to strengthen them was a priority. Mr. Russell does anticipate additional bills regarding TIF's being introduced in the state legislature trying to limit TIF effectiveness or the approval process. He spoke regarding this further and said he will keep the Council apprised. The City will be corresponding with Burlington Northern tomorrow to send them the resolution that was passed tonight. Page 12 of 13 Kalispell City Council Minutes, January 17, 2017 Councilor Guiffrida explained why he pulled `Brownfields Qualified Environmental Professional Selection Recommendations" off the consent agenda, saying often Council has been dealing with items for a long period of time and therefore has more knowledge on the subject. A member of the public had some questions on the subject. What looks like `housekeeping' to the Council may not be. It is important to remember the public does not necessarily have the historic knowledge that the Council does. Councilor Guiffrida then spoke to the great accomplishments of the core and rail redevelopment and the work of all involved. He mentioned the possibility of another work session in the future with FCEDA (Flathead County Economic Development Authority). Councilor Guiffrida said the speaker above Council was hissing and popping during the meeting. Rod Kuntz drew attention to a report about Leads Online within this week's Manager Report. He congratulated the Police Chief on the great work done on this program and said this is an example of really good legislation that the Council was able to pass. Mr. Kuntz spoke regarding an editorial within the Daily Inter Lake about building within Whitefish. He took offense to a comment made by Edwin Fields about shopping in Kalispell, and pointed out how many people from Whitefish come to Kalispell to do their shopping. K. ADJOURNMENT President Atkinson adjourned the meeting at 9:24 p.m. UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — Monday, January 16, 2017 — Martin Luther King Jr. Holiday Next Work Session — January 23, 2017, at 7:00 p.m. — Council Chambers Sub -Committee Growth Policy Work Session — January 24, 2017, at 6:00 p.m. — First Floor Conference Room Next Regular Meeting — Monday, February 6, 2017, 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. om,\SPEt���iii,,� pAT� Ai e Brunckhorst, CMC Q.0 _ City Clerk Minutes approved on: _�� �'u a (�,Z C NN /Illlilllll\ Page 13 of 13