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04-03-17 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, April 3, 2017, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. B. ROLL CALL Mayor - Mark Johnson: Present 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, City Planner Tom Jentz, Public Works Director Susie Turner, Finance Director Rick Wills, and Police Chief Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Phil Guiffrida: Motion Council Member - Wayne Saverud: 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: ADUrove The motion to approve the agenda passed unanimously on voice vote. Page 1 of 7 Kalispell City Council Minutes, April 3, 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. $I., Council Minutes — Regular Meeting — March 20, 2017 a I -A 2. Award Bid for Peterson Alley Sanitary Sewer Improvement Project - 45 This item would award this project to NCC Newmann Construction Inc. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and vote to approve the consent agenda as submitted. 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: Annrove Council Member - Phil Guiffrida: Approve The motion to approve the consent agenda as submitted passed unanimously on voice vote. F. COMMITTEE REPORT - Urban Renewal Agency (URA) Report (Marc Rold, URA Board) a Marc Rold, Urban Renewal Agency Board President provided a report to Council regarding the urban renewal agency report and the changes he has seen over the years. 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. Mayor Johnson opened public comment. 00:09:40 Pam Carbonari, Public Comment Ms. Carbonari with the Downtown Business Improvement District invited the Council to the Run Through History event this weekend. She provided details regarding the race and the awards presentation afterwards. Page 2 of 7 Kalispell City Council Minutes, April 3, 2017 00:12:26 John Hinchey, Public Comment Mr. Hinchey spoke regarding the vibrancy in downtown Kalispell. Mr. Hinchey then said he would like to acknowledge the Police Chief's efforts in community outreach. He would also like to thank the Council for their foresight in hiring additional officers and the new K9. H. 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. Resolution 5801 — Kalispell Business Improvement District '40 This resolution would create a Business Improvement District [BID] for downtown Kalispell pursuant to the terms of Title 7, Chapter 12, Part 11 of Montana Code Annotated as the existing BID is expiring. City Manager Doug Russell provided background on this item. Councilor Kuntz began questions for staff. City Attorney Harball answered questions from staff regarding the options provided in the staff report. Councilor Kluesner continued questions for staff. City Attorney Harball answered questions regarding taxing on schools and churches. Public Comment Mayor Johnson opened public comment. Gary Whitman, Public Comment Mr. Whitman, a partner in a Second Avenue West building asked the Council to exclude their street from the business improvement district as he is opposed to the assessment and does not feel they will benefit from the district. 00:21:43 Jon Fetveit, Public Comment Mr. Fetveit thanked the Council for their time on this item. He spoke in favor of the Business Improvement District and said his downtown buildings have greatly benefited from the District. 00:23:44 Dick Mohrenweiser, Public Comment Mr. Mohrenweiser read the petition he previously submitted to the Council and then asked questions regarding his petition. 00:27:05 Paulene Sjordahl, Public Comment Ms. Sjordahl spoke regarding the history of downtown Kalispell and explained why she does not feel the BID should be expanded. She spoke regarding the decreased traffic on Main Street since the bypass has been completed and how nice that has been. Page 3 of 7 Kalispell City Council Minutes, April 3, 2017 07:32:07 PM (00:32:13) Debbie Snyder, Public Comment Ms. Snyder would encourage the Council to expand the BID and the things going on in downtown Kalispell will expand and grow with it. 00:32:51 Fran Taber, Public Comment Ms. Taber, owner of the business at 140 West Center Street said she originally signed to join the BID but now does not feel the boundaries are appropriate. 00:36:29 Pam Carbonari, Public Comment Ms. Carbonari with the Kalispell Business Improvement District and the Kalispell Downtown Association spoke regarding the great working relationship between the two organizations. She then spoke regarding misinformation that has been presented by several members of the public. Ms. Carbonari also spoke regarding the lengthy discussions the BID Board had when reviewing and deciding where to create the BID boundary. She spoke regarding increased communication in the future between the BID and Council and all the downtown property owners. Seeing no further public comment, Mayor Johnson closed public comment. Motion to approve Resolution 5801, a Resolution creating a Business Improvement District pursuant to the terms of Title 7, Chapter 12, Part 11 of Montana Code Annotated. Councilor Guiffrida began discussion on the motion. 07:57:40 PM (00:57:45) Councilor Graham provided discussion on the motion. 08:02:14 PM (01:02:20) Councilor Kuntz provided discussion on the motion. 08:08:34 PM (01:08:39) Councilor Gabriel provided discussion on the motion. 01:09:35 Councilor Kluesner provided discussion on the motion. 01:16:38 Councilor Saverud said he does own property within the District so he will be abstaining from this vote. 01:17:10 Mayor Johnson provided discussion on the motion. Councilor Kuntz provided additional discussion on the motion. Councilor Graham provided discussion on the motion. 01:22:27 Councilor Atkinson provided discussion on the motion. 01:24:12 Councilor Carlson provided discussion on the motion. Vote on the motion. Council Member - Phil Guiffrida: Motion President - Jim Atkinson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Abstain Council Member - Chad Graham: Disapprove President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Disapprove Council Member - Phil Guiffrida: Approve Page 4of7 Kalispell City Council Minutes, April 3, 2017 The motion passed on roll call vote with Council members Graham and Kluesner opposed and Council member Saverud abstaining. 2. Ordinance 1788 — First Reading — Core Area Rezoning to B-3 a This Ordinance would rezone 45 property ownerships from B-4 (Central Business) and B-5 (Industrial Business) to B-3 (Core Area Business). Planning Director Tom Jentz provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Ordinance 1788. an Ordinance to amend Section 27.02.010 official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property described as an area bounded on the North by the center line of U.S. Hwy 2, on the West by the center line of 5t Avenue West North, on the South by the center line of West Center Street and on the East by the center line of U.S. Hwy 93, located within the SE4 of Section 7, Township 28N, Range 21W, P.M.M., Flathead County, Montana. Councilor Guiffrida provided discussion on the motion. Councilor Atkinson provided discussion on the motion. Vote on the motion. President - Jim Atkinson: Motion Council Member - Sandy Carlson: 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. 3. Adoption of Collective Bargaininggreement with Kalispell Police Association a This item would approve a Collective Bargaining agreement between the City of Kalispell and Kalispell Police Association. City Manager Doug Russell provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve a collective bargaining agreement between the City of Kalispell and the Kalispell Police Association for 2018 to 2020. Page 5 of 7 Kalispell City Council Minutes, April 3, 2017 Councilor Saverud provided discussion on the motion. Councilor Kluesner provided discussion on the motion. Vote on the motion. Council Member - Wayne Saverud: Motion Council Member - Rod Kuntz: 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 - Council Member - Tim Kluesner: Approve Phil Guiffrida: Approve The motion passed unanimously on voice vote. 4. Adoption of Collective Bargaining Agreement with AFSCME a This item would approve a Collective Bargaining agreement between the City of Kalispell and American Federation of State, County, and Municipal Employees, Local 256 (AFSCME). City Manager Doug Russell provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve a one-year extension to the collective bargaining agreement between the City of Kalispell and AFSCME Local 256. President - Jim Atkinson: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Karl 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 voice vote. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: Page 6 of 7 Kalispell City Council Minutes, April 3, 2017 Mr. Russell will be attending an upcoming Senate hearing this Thursday on the gas tax bill that was introduced by Representative Garner. Mr. Russell spoke regarding a preliminary review of stormwater rates and assessment and a forestry assessment review at the next work session. 08:41:56 PM (01:42:02) Councilor Kuntz asked that the public get involved early on issues they care about. He also congratulated the County on adopting Leads Online. 01:42:38 Councilor Graham thanked the Council members for the trip to Washington DC and reported that he felt the meetings went well. Mayor Mark Johnson reported on the recent trip the Mayor and some of the Council members and staff made to Washington DC last week. I ADJOURNMENT Mayor Johnson adjourned the meeting at 8:44 p.m.`',: °�®�y J•! �' SEA- _ r1892�� Airrlree Brunckhorst, CMC ' �'0�reatrttn►,��4`��p'° City Clerk Minutes approved on: A Psi UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — April 10, 2017, at 7:00 p.m. — Council Chambers Coffee or Cone with a Cop — Tuesday, April 11, 2017, at 5:30 p.m. — McDonald's, 1110 US Highway 2 West Next Regular Meeting — April 17, 2017, at 7:00 p.m. — Council Chambers Coffee with the Chief — Tuesday, April 18, 2017, at 5:30, Winchester Room, Sykes Diner, 202 2nd Avenue West Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Page 7 of 7