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E1. 08-07-17 Council MinutesCITY OF CITY COUNCIL MEETING DRAFT MINUTES Monday, August 7, 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: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Wayne Saverud: Absent Council Member - Chad Graham: Present President - Jim Atkinson: Present Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Absent City staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Parks and Recreation Director Chad Fincher, Public Works Director Susie Turner, and Administrative Captain Wade Rademacher. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. President - 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: Absent The motion passed unanimously on voice vote. Page 1 of 13 Kalispell City Council Minutes, August 7, 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 — July 17, 2017 �- a Motion and Vote to approve the consent agenda as submitted. Council Member - Jim Atkinson: Motion Council Member - Chad Graham: 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The motion passed unanimously on voice vote. 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. Kristy Eisenzer, Public Comment Ms. Eisenger, 343 Freckles Road, a Parent Volunteer with the Flathead Valley Hockey Association provided an update regarding installation of a refrigerated, concrete, skating surface at the Woodland Park Ice Center. She also thanked city staff for their timeliness and flexibility with the group. Seeing no further public comment, Mayor Johnson closed public hearing. H. PUBLIC HEARINGS Storm Sewer Maintenance Assessment T a Council will accept comments concerning a proposal to increase assessments on real property within the City for the costs of the Storm Sewer Maintenance District. Mayor Johnson opened the public hearing. Page 2 of 13 Kalispell City Council Minutes, August 7, 2017 City Manager Doug Russell provided background regarding the extensive meetings and discussions the Council has had regarding this item prior to this coming forward to the public hearing. Director of Public Works Susie Turner explained that the storm water assessment provides funding and resources including manpower, equipment, tools, material, capital improvement projects and permit compliance to maintain, operate and repair the city of Kalispell's storm water utility. She explained the two main components - capital improvement projects and storm water management of the MS4 permit. Ms. Turner explained the 2017 permit updates which include more stringent regulations and explained the actions that will need to be taken to meet these state permit requirements. Mayor Johnson called for public comment on the public hearing. Terry Oric, Public Comment Mr. Oric spoke saying seniors are suffering to keep their homes and keep food on the table. He would suggest that anyone 65 years or older and lived in their home for ten years or more should not have to pay increases in taxes or assessments, as they cannot afford it. He knows this assessment is probably needed, but seniors are on fixed incomes. James Thompson, Public Comment Mr. Thompson of 5865 Hwy 93 South, Somers spoke as a partner in five commercial developments within Kalispell. He feels the cost of the assessment is too high, explaining what he estimates the costs would be on his projects. Mr. Thompson also spoke regarding storm water impact fees saying he does not feel assessments should be increased to reduce impact fees for future development. He does not feel there is a need to encourage growth. Je(LZahner, Public Comment Mr. Zahner of 37 Glacier Circle mentioned that he is an Impact Fee Committee Member and then said he was speaking on behalf of himself, not the Committee. He spoke regarding concerns over storm water impact fees and cost sharing between impact fees and the assessment proposed. He feels the citizens of Kalispell cannot afford this assessment increase, especially those on fixed incomes. He explained he feels like he already paid for storm management in the cost of purchasing his home. Mark Campbell, Public Comment Mr. Campbell, Manager of the Flathead County Fairgrounds spoke regarding the increase in assessments that has occurred over the past six years. He explained he understands the new, stringent requirements related to storm water that the city has to meet, however he does not agree with how the city is proposing to pay for them. Seeing no further public comment, Mayor Johnson closed public comment. 2. Urban Forestry Maintenance Assessment a Council will accept comments concerning a proposal to increase assessments on real property within the City for the costs of the Urban Forestry District. Page 3 of 13 Kalispell City Council Minutes, August 7, 2017 City Manager Doug Russell provided background regarding the extensive work session discussions and meetings the Council has had on this issue prior to the public hearing. Parks and Recreation Director Chad Fincher provided history and information regarding current levels of service covered by the urban forestry assessment and some of the creative solutions they have implemented over time to stretch those funds. He spoke regarding the needs of the urban forest and the service expectations of the community and Council and what would be required to meet those needs. Mayor Johnson opened the public hearing and called for public comment. Andrea Davidson, Public Comment Ms. Davidson of 835 5th Avenue West explained she has been on the Street Tree Committee for eight years because of the beauty and diversity of the urban forest. She supports maintaining the health of the urban forestry and supports expansion into newer areas of town and supports the increased assessment as she feels it is very worthwhile. Richard Hull, Public Comment Mr. Hull of 436 5th Avenue West said he is in favor of trees however he feels the tree budget is being tapped for other items. Mr. Hull referenced budget line items such as administrative transfer and central garage. He also said he feels the assessment increase is too high. James Thompson, Public Comment Mr. Thompson of 5865 Hwy 93 South, Somers spoke regarding five commercial projects and spoke regarding requests to have trees trimmed going unheeded. He spoke regarding the questions raised in previous public comment about the budget. Mr. Thompson voiced frustration regarding how much his assessment will increase. Esther Bjorklund, Public Comment Ms. Bjorklund of 620 6th Avenue East said she loves the trees. She said the costs of these assessments would be hard for her. She then spoke regarding her neighbors trees not being pruned after a request placed with the city. She would like to know what services will be provided with this increased assessment. Tony Nelson Public Comment Mr. Nelson of 809 2nd Avenue West is a volunteer member of the Street Tree Committee. He said he is in favor of increasing this budget, because he knows of the need. He would encourage people to notice how much the city trees are in need of maintenance and how many dead trees need to be taken down and explained that there currently are not resources to deal with this issue. He applauded the Council for taking these steps and encouraged them to go through with the increased assessment. Brian Dardis, Public Comment Mr. Dardis of 71 Empire Loop and President of the Homeowners Association for Empire Estates spoke regarding a tree assessment conducted in their neighborhood after a big freeze, the background regarding trees in the neighborhood and the costs the HOA paid for replacement trees which are now in need of maintenance by the city. Page 4 of 13 Kalispell City Council Minutes, August 7, 2017 Merna Terrv. Public Comment Ms. Terry of 207 Milky Way thanked the Council for trying their best to keep fees and assessments down over the years. She spoke regarding the alternatives the Council has looked at in place of these assessments including trying to work with the State legislature. The Council also talked with state representatives about allowing the city the opportunity to use local options sales tax to allow others who use city infrastructure to help pay for it. She urged residents to talk with their state representatives about these types of alternative funding options. Terry Cross, Public Comment Mr. Cross of 15 Trump Drive in Empire Estates said the city has been unwilling to take care of a diseased tree. He feels the percent of assessment increase is too high and would like to see the city to do the work that needs to be done prior to the assessment increasing. Seeing no further public comment, Mayor Johnson closed the public hearing. He announced that these items will come before the Council on August 21, and encouraged members of the public to attend. L 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. Lisa Wade Apartment Complex Conditional Use Permit a This action considers a request from Lisa Wade to permit the conditional use of a 14-unit multi -family residential project at 1613 and 1615 5th Avenue East. Senior Planner Jarod Nygren provided the staff presentation for this item. Council asked questions of staff. Public Comment Mayor Johnson opened public comment. Rory Young, Jackola Engineering and Architecture Mr. Young presented himself on behalf of the applicant to answer questions. Motion to approve a request from Lisa Wade for Conditional Use Permit KCU-17-07, a conditional use permit for a 14-unit multi -family proiect with eleven (11) conditions of approval within the RA-1 Zonin2 District, located within Parcel A and Parcel B of Certificate of Survey 4789 in Section 17, Township 28 North, Rance 21 West, P.M.M., Flathead County, Montana. Council Member - Rod Kuntz: 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 Page 5 of 13 Kalispell City Council Minutes, August 7, 2017 Council Member - Jim Atkinson: ADDro Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The motion was approved unanimously on voice vote. 2. Husky Street Apartments Conditional Use Permit - a This action considers a request from the George M. Begg Trust to permit the conditional use of a 24-unit multi -family residential project at 1110 Husky Street. Senior Planner Jarod Nygren provided the staff presentation for this item. Council began questions for staff. Public Comment Mayor Johnson opened public comment. Rory Young, Public Comment Mr. Young presented himself on behalf of the applicant to answer questions. He also spoke regarding the cost of the impact fees for this project. Seeing no further public comment, Mayor Johnson closed public comment. Motion to approve a request from Jackola En2innerin2 and Architecture for Conditional Use Permit KCU-17-06, a conditional use permit for a 24-unit multi -family project with ten conditions of approval within the B-2 Zoning District, located within a tract of land located in Lot 1 of Block 1 of Lewis and Clark Addition in Section 12, Township 28 North, Ranee 22 West, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". Mayor Johnson disclosed an ex-parte conversation he had to listen to the concerns of the gentleman who spoke in opposition to this project at the Planning Board meeting. Council Member - Chad Graham: Motion Council Member - Jim Atkinson: 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The motion was approved unanimously on voice vote. Ordinance 1793 — First Reading - Kalispell Town Pump #5 Fuel System Expansion Planned Unit Development - a Page 6 of 13 Kalispell City Council Minutes, August 7, 2017 This Ordinance considers a request from Major Brand Distributing Company for a planned unit development on a 6.9-acre parcel at 2910 Highway 93 South. Senior Planner Jarod Nygren provided the staff presentation for this item. Council asked questions of staff. Public Comment Mayor Johnson opened public comment. Joe Murphy, Public Comment Mr. Murphy with Big Sky Civil Engineering and Environmental volunteered to answer any questions on behalf of the applicant. He also thanked city staff for their assistance through this process. Motion to approve Ordinance 1793, an Ordinance to amend Section 27.02.010, official zoning map, city of Kalispell Zoning Ordinance 1677, by creating a Planned Unit Development Overlay Zone, to be known as Kalispell Town Pump #5 PUD, over certain real property more particularly described as Lot 5 of the amended Subdivision Plat of Lots 3 and 5 of Ashley Business Park and the Amended Plat of the Amended Plat of Lot 4 of Ashley Business Park Subdivision in Section 29, Township 28 North, Range 21 West, Flathead County, Montana, in accordance with the Kalispell Growth Policy — Plan it 2035, and to provide an effective date. Graham — 1st Gabriel — 2nd Motion and Vote to amend the main motion by amending condition number five (5) of the staff report by replacing the word "collector" with the word "arterial." Gabriel —1st Atkinson — 2nd Council Member - Kari Gabriel: Motion Council Member - Jim Atkinson: 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The amendment to the motion passed unanimouslv on roll call vote. Vote on the original motion to approve Ordinance 1793 with amendment. Council Member - Chad Graham: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Page 7 of 13 Kalispell City Council Minutes, August 7, 2017 Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wavne Saverud: Absent Council Member - Chad Graham: Approve Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The motion with amendment passed unanimously on roll call vote. 4. Androes Annexation and Initial Zoning a This item considers a request from Herman and Sharon Androes to annex a .67 acre parcel at 465 Leisure Drive into the city and zone the land R-2 (residential). Senior Planner Jarod Nygren provided the staff presentation for this item. Council asked questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. a. Resolution 5824 — Annexation Motion and Vote to approve Resolution 5824, a Resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an Annexation certain real property described as Certificate of Survey 1766 in Section 21, Township 28 North, Ranee 21 West, P.M.M., Flathead County, Montana, to be known as Androes Addition No. 430; to Zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. Council Member - Jim Atkinson: 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 Council Member - Chad Graham: Approve Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The motion passed unanimously on roll call vote. b. Ordinance 1794 — First Reading — Initial Zoning Motion and Vote to approve Ordinance 1794, an Ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property described as Certificate of Survey 1766 in Section 21, Township 28 North, Ranee 21 West, P.M.M., Flathead County, Montana (currently zoned County R-2 (Residential) to Page 8 of 13 Kalispell City Council Minutes, August 7, 2017 City R-2 (Residential)) in accordance with the Kalispell Growth Policy — Plan It 2035, and to provide an effective date. Council Member - Rod Kuntz: 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The motion passed unanimously on roll call vote. 9" McCadden Dance Studio Conditional Use Permit - a This action considers a request from Richard and Susan McCadden to permit the conditional use to operate a dance studio at 1322 Whitefish Stage Road within the R-5 zoning district. Senior Planner Jarod Nygren provided the staff presentation for this item. Public Comment Mayor Johnson opened public comment. Cory Calvert, Public Comment Ms. Calvert presented herself on behalf of the applicant to answer questions. Motion and Vote to approve a request from Richard and Susan McCadden for Conditional Use Permit KCU-17-08, a conditional use permit for a dance studio with five (5) conditions of approval within the R-5 Zoning District, located at 1322 Whitefish State, Tract 1 of Certificate of Survey 9490 in Section 32, Township 29 North, Ranee 21 West, P.M.M., Flathead County, Montana. Council Member - Jim Atkinson: 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 Council Member - Chad Graham: Approve Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The motion passed unanimously on voice vote. 6. Final Plat — Kalispell North Town Center, Phase 1 '- a Stillwater Corporation is requesting final plat approval for a 10-acre commercial Page 9 of 13 Kalispell City Council Minutes, August 7, 2017 lot located at the southeast corner of the intersection of Rose Crossing and U.S. 93 North. Senior Planner Jarod Nyg_en provided the staff presentation for this item. Public Comment Mayor Johnson opened public comment. Stephanie Ray, Public Comment Ms. Ray with CTA Architects and Engineers presented herself on behalf of the applicant to answer questions. She then thanked city staff saying they have been very exceptional to work with. Seeing no further public comment, Mayor Johnson closed public comment. Motion to approve the final plat for Kalispell North Town Center, Phase 1 and approve the Subdivision Agreement. Council Member - Rod Kuntz: Motion Council Member - Chad Graham: 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: ADDrove Council Member - Phil Guiffrida: Absent The motion passed unanimously on roll call vote. 7. Ordinance 1795 — First Reading - B-3 Core Area Re -zone. Phase 2 7 a This Ordinance would rezone property in the Core Area that includes 27 property ownerships encompassing 51 contiguous acres from B-2 (General Business), B-4 (Central Business), and I-1 (Light Industrial) to B-3 (Core Area Business). Senior Planner Jarod Nygren provided the staff presentation for this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to annrove the first reading of Ordinance 1795. 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 (Idaho Street), on the West by the centerline of 3rd Avenue East North, on the South by the Center Line of Center Street between 3r and 4t Avenue East North and then the South side of the BNSF Railroad right of way from 4th Avenue East North Easterly to its intersection with the Easterly end of the city limits alone the railroad tracks, located within Page 10 of 13 Kalispell City Council Minutes, August 7, 2017 Section 7 and Section 8, Township 28 North, Ranee 21 West, P.M.M., Flathead County, Montana. Council Member - 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: Absent Council Member - Chad Graham: Approve Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Absent The motion passed unanimously on roll call vote. Ordinance 1796 — First Reading - B-3 Core Area Re -zone, Phase 4 a This Ordinance would rezone property in the Core Area that includes 65 property ownerships encompassing 35 contiguous acres from B-2 (General Business), B-5 (Industrial Business), and I-1 (Light Industrial) to B-3 (Core Area Business). Senior Planner Jarod Nygren provided the staff presentation for this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the first reading of Ordinance 1796, an Ordinance to amend Section 27.02.010, official zoning map, city of Kalispell Zoning Ordinance 1677, by zoning 2 m thence Southerly alone the alley located between 3"` Avenue West and 2"" Avenue West from Center Street to 1st Street West: thence Westerlv alonL, 1s' Street West between the thence North alone 5"' Avenue West North from 1" Street West to U.S. 2, located within Section 7 and Section 18, Township 28 North, Ranee 21 West, P.M.M., Flathead County, Montana. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Page 11 of 13 Kalispell City Council Minutes, August 7, 2017 Council Member - Phil Guiffrida: Absent The motion passed unanimously on roll call vote. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: The next work session has been cancelled. The next Emergency Medical Services Council Sub -Committee Meeting will be held Tuesday, August 15, 2017, at 6 p.m. August 281h Work Session — Storm Water Impact Fee Report Budget evaluations have been received from the state this week. The budget will be up for adoption August 2Is'. Councilor Kuntz said he will not be present at the August 21 meeting so he spoke regarding his thoughts on the public comment received on the proposed storm water assessment and forestry assessment increases and his thoughts on the proposed increases. Mayor Johnson provided the following reports and discussion: • 911 Center Meeting Wednesday at 1:15 p.m. • Mayor Johnson spoke regarding the forestry assessment. • Mayor Johnson spoke regarding local vs. state funding mechanisms and his thoughts regarding alternative funding mechanisms such as local options sales tax. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:59 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2017 UPCOMING SCHEDULE / FOR YOUR INFORMATION CANCELLED Next Work Session — . — Council Chambers Emergency Medical Services Council Sub -Committee Meeting — TUESDAY, August 15, 2017, 6:00 p.m. — Council Chambers Page 12 of 13 Kalispell City Council Minutes, August 7, 2017 Coffee with the Chief — Tuesday, August 15, 2017, at 5:30 p.m. — Lewis & Clark Room at Sykes Diner, 202 2nd Avenue West Next Regular Meeting — August 21, 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. Page 13 of 13