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E1. 10-16-17 Council MinutesCITY COUNCIL DRAFT MEETING MINUTES Monday, October 16, 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: Absent 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: Present City staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Public Works Director Susie Turner, Assistant Director of Community and Economic Development Katharine Thompson, and Police Chief Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to annrove the agenda as submitted. Council Member - Phil Guiffrida: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Page 1 of 9 Kalispell City Council Agenda, October 16, 2017 The motion passed unanimously on voice vote with Councilors Gabriel and Saverud absent. 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. M 1. Council Minutes — October 2, 2017 -1- ❑ 2. Kis Zoning Request — Ordinance 1798 — Second Reading This item would approve a request from Louis and Eileen Kis for initial zoning of RA-1 (Residential Apartment) for the easterly portion of a .43-acre parcel recently annexed into the city, located at 1541 5th Avenue East. 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 - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Councilors Gabriel and Saverud absent. M F. COMMITTEE REPORT — Architectural Awards -I- a Mayor Johnson acknowledged Mark Norley, Chair of the Architectural Review Committee to make the presentation for the awards. Mark Norley, Chair of the Architectural Review Committee read aloud acceptance letters from the Runner Up and the Award Winner of the 2017 Architectural Awards. The winners are as follows: First Place: Northwest Family Medicine Building at 70 Village Loop Contractor: Swank Enterprises Architect/Engineer: KRH Design and Construction Runner Up: The Toggery Building at 327 Main Street Page 2 of 9 Kalispell City Council Agenda, October 16, 2017 Contractor: Bear Mountain Builders — owners Kelcey and Tawnya Bingham Architect/Engineer: CTA Architects Toggery owners Trek and Rene Stephens Mr. Norley spoke regarding the member composition and reputation of the Architectural Review Committee. 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 general public comment. 00:08:49 John Hinchev. Public Comment Mr. Hinchey of 534 41Avenue East, spoke regarding the tree assessment saying he was totally in favor of the assessment, but has taken exception to the tree assessment on Main Street. He spoke regarding the Business Improvement District planting trees several years ago, that have since died from lack of water. Mr. Hinchey hopes the Forestry Division will not neglect Main Street in regards to forestry. Mr. Hinchey said he feels the Public Works Department and LHC Construction did a wonderful job on the reconstruction on 4th Avenue East. Mr. Hinchey said he is totally in favor of the assessment for stormwater impact fees and hopes the Council will pass the recommendation as written. 00:12:43 Jim Cossitt Public Comment Mr. Cossitt of 1231 6 Street West, spoke regarding prior and current thoughts regarding the city's disorderly conduct Ordinance. Mr. Cossitt spoke at length regarding a lawsuit he filed against the city and subsequent law enforcement issues he experienced that he feels were not handled appropriately by the City Attorney's office. Mr. Cossitt spoke regarding his thoughts on impact fees and said he feels the city should look at their resources as related to impact fees. 00:22:02 Patricia Johnson Public Comment Ms. Johnson, 714 4t Avenue East spoke in favor of increasing the stormwater impact fees so the costs of new construction are not placed on the current taxpayers. Seeing no further public comment, Mayor Johnson closed public comment. H. PUBLIC HEARING — 2017 Stormwater Impact Fee Report a Council will accept comments concerning adoption of the 2017 Stormwater Impact Fee Report. Page 3 of 9 Kalispell City Council Agenda, October 16, 2017 Mayor Johnson opened the public hearing. 00:24:41 Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead spoke regarding past efforts to encourage impact fees and explained to the public the difference between impact fees and assessments. She would commend the Public Works office for being proactive to look at the needs of stormwater facilities. She would encourage Council to set the impact fee at the full recommended amount within the report. Seeing no further public comment, Mayor Johnson closed the public hearing_. 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. Immanuel Lutheran Communities (ILC) Memorandum of Understanding (MOU and Easement a This item considers an MOU and Easement Agreement between the City and ILC setting forth terms regarding the establishment of an easement on ILC property for the construction and maintenance of a bike and pedestrian walking path. Planning Director Tom Jentz provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve an easement and a memorandum of understanding with Immanuel Lutheran Communities for the Immanuel Lutheran bike path. Council Member - Phil Guiffrida: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Wavne 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 voice vote with Councilors Gabriel and Saverud absent. 2. Resolution 5841 - Downtown Plan — Resolution of Intent to Adopt, Adopt with Revisions, or Reject the Proposed Downtown Plan Amendment to the Kalispell Page 4 of 9 Kalispell City Council Agenda, October 16, 2017 Growth Polices This resolution would set a public hearing date of November 6, 2017, to accept public comment on the Downtown Plan amendment to the Kalispell Growth Policy as proposed by the Kalispell Planning Board. City Manager Russell provided an overview of the process on this item. Council questions for staff. Public Comment Mayor Johnson opened general public comment, seeing none he closed public comment. 00:33:21 Richard Turbiak, Public Comment Mr. Turbiak with Citizens for a Better Flathead strongly supports the vision for the downtown corridor within the downtown plan and spoke in favor of the Mayor's comments as quoted in the Flathead Beacon regarding working together on an adaptive solution to traffic issues downtown. 00:35:06 David Peterson, Public Comment Mr. Peterson of Spokane, WA, and Executive Vice -President of Goodale and Barbieri Company which developed, manages, and leases the Kalispell Center Mall spoke regarding the traffic impacts he feels would occur if the downtown plan was followed. He feels a decrease in vehicle traffic will decrease consumer purchases and provided his rationale for his arguments. 00:48:28 Seeing no further public comment, Mayor Johnson closed public comment. Motion to approve Resolution 5841, a Resolution of intention to adopt, revise or reiect a recommended amendment to the Kalispell Growth Policy Plan It 2035 to amend that portion of the Growth Policy that is the Kalispell Downtown Plan concerning real property located in Kalispell, Flathead County, Montana and to call for a public hearing. Council Member - Chad Graham: Motion Council Member - Sandy Carlson: 2nd Discussion on the motion. Vote on the motion. Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Gabriel and Saverud absent. Page 5 of 9 Kalispell City Council Agenda, October 16, 2017 3. Correspondence to Flathead Countv Commissioners resardiniz Downtown Plan �a This item would consider approval of a draft letter from the City Council to the County Commission. City Manager Doug Russell provided the staff report on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to authorize the Mayor to sign the attached letter and submit the letter to the County Commissioners. Council Member - Phil Guiffrida: Motion Council Member — Chad Graham: 2nd Discussion on the motion. Vote on the motion. Council Member - Phil Guiffrida: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 voice vote with Councilor Gabriel and Saverud absent. 4. Resolution 5842 - West Side Interceptor Budget Amendment Resolution of Intent M 7a This resolution would call for a public hearing to amend the annual appropriations of the City of Kalispell, as set forth in the 2017-2018 sewer operations fund budget adopted by Council to advance the construction of the West Side Interceptor sanitary sewer project. City Manager Russell provided a synapses of the process on this item. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. Motion to approve Resolution 5842, a resolution of intent calling for a public hearing to amend the annual appropriations of the City of Kalispell. Montana, as set forth in the 2017-2018 budget adopted by the City Council. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Page 6 of 9 Kalispell City Council Agenda, October 16, 2017 Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Gabriel and Saverud absent. 5. Resolution 5843 — West Side Urban Renewal — Core Area Tax Increment m Financing District Grant Funding Request from Husky Partners, LLC -'� a This resolution would approve the Kalispell Urban Renewal Agency recommendation to grant reimbursement of certain tax increment eligible costs to Husky Partners, LLC for no more than $76,862.60 from West Side -Core Area Tan Increment Funds to assist the redevelopment of property at 1110 Husky Street. City Manager Doug Russell provided an overview of this item and spoke regarding how the reimbursement funds would be obligated if this Resolution does pass. Assistant Director of Community and Economic Development Katharine Thompson provided information about the recommendation to approve this grant from the Urban Renewal Agency Board. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. 01:04:43 Rory Young, Public Comment Mr. Young with Jackola Engineering spoke on behalf of Husky Partners and thanked the multiple city staff and board members that have been so helpful with this project. Seeing no further public comment, Mayor Johnson closed public comment. Motion to aoorove Resolution 5843, a resolution approving the Kalisoell Urban Renewal A2ency recommendation to grant reimbursement of certain tax increment eligible costs to Husky Partners, LLC in the amount of $76,862.60 from West Side — Core Area Tax Increment Funds to assist the redevelopment of blighted property at 1110 Huskv Street. Kalispell, Montana. Council Member — Guiffrida: Motion Council Member — Carlson: 2na Council Discussion on the motion. Vote on the motion. Page 7 of 9 Kalispell City Council Agenda, October 16, 2017 Council Member - Phil Guiffrida: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Wavne 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 Councilors Gabriel and Saverud absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Mr. Russell will be out of the office for the next work session, but Public Works will still be bringing forward Transportation/Parking Related Matters at the next work session. • Fifth Monday — Nothing has been scheduled. • The next work session coming up in November will focus on a funding project brought forward by Council member Kuntz. 01:13:44 Councilor Guiffrida recommended to the City Manager that the Stormwater Impact Fee Report be moved to the November 20th Agenda. Mayor Mark Johnson provided the following report: • The Government Affairs Committee with Senator Blasdel and Representative Hertz in attendance met with the Chamber of Commerce today talking about the Governor's request for a special session and their perspectives on that. Mayor Johnson spoke further regarding reports provided at the meeting about state revenues and the current state budget shortfall. The Mayor spoke regarding questions he has about a request sent from the Governor's Office requesting letters from Montana Mayors to the Editorial Boards of newspapers. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:20 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on October 16, 2017 Page 8 of 9 Kalispell City Council Agenda, October 16, 2017 UPCOMING SCHEDULE / FOR YOUR INFORMATION Coffee with the Chief — Tuesday, October 17, 2017, at 5:30 p.m. — Lewis & Clark Room at Sykes Diner, 202 2nd Avenue West Next Work Session — October 23, 2017, at 7:00 p.m. — Council Chambers Next Regular Meeting — November 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. Page 9 of 9