12/01/14 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, DECEMBER 1, 2014, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, SANDY CARLSON, KARI GABRIEL, CHAD GRAHAM,
PHIL GUIFFRIDA, TIM KLUESNER, ROD KUNTZ, AND WAYNE SAVERUD WERE
PRESENT.
Also present: City Manager Doug Russell, City Attorney Charles Harball, Deputy City Clerk Judi
Funk, Police Chief Roger Nasset, Planning Director Tom Jentz, and Parks Director Chad Fincher.
Mayor Johnson called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Atkinson moved to approve the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
1. Council Minutes — Regular Meeting — November 17, 2014
Guiffrida moved to approve the Consent Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
C. COMMITTEE REPORTS
None.
None.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/1. ORDINANCE 1748 — CAPTAIN'S MARINE PLANNED UNIT DEVELOPMENT
FOR A BOAT AND TRAILER SALES AND REPAIR FACILITY
This ordinance provides approval and conditions for a planned unit development located east of
Highway 93 South, south of Lower Valley Road, and north of Snowline Lane.
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December 1, 2014
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Jentz gave a report and staff answered questions.
Public Comment
Kim Larsen, APEC Engineering, spoke regarding then concerns with certain conditions, particularly
the "no -build" area through the middle of the property.
Rich DeJana, 120 4th Street West, attorney for Captain's Marine, remarked the "no -build" area is a
taking and a demotion of value for his client, further stating an SID is not appropriate for a zoning
matter.
Randell Seyfert, owner of Captain's Marine, thanked council for their time in handling this.
Guiffrida moved first reading of Ordinance 1748, an ordinance to amend Section 27.02.010,
official zoning map, City of Kalispell Zoning Ordinance, (Ordinance No.1677), by attaching a
Planned Unit Development overlay on certain real property currently zoned B-5
(Industrial/Commercial), more particularly described as Tract 7C in the northwest quarter of
Section 33, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, in
accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The
motion was seconded.
Council Discussion
Kluesner moved to amend the motion by striking conditions 1, 4, 5 and 23. The motion was
seconded.
Guiffrida stated the conditions deal with too many things and will have unintended consequences,
commenting that removing the transportation infrastructure is dangerous and we need to look at the
future.
Kluesner rebutted, stating the road was never part of the plan and we don't need it.
There was discussion about connecting the "island" portion to the south in the PUD and
transportation planning.
Graham spoke against the amendment.
The amendment failed upon roll call vote with Carlson and Kluesner voting in favor, and
Atkinson, Gabriel, Graham, Guiffrida, Kuntz, Saverud and Mayor Johnson voting against.
Guiffrida moved to amend the motion by striking condition 23. (Condition 23 reads, "A
variance is granted to allow the use of recycled asphalt for parking and boat storage and on the
non -circulation areas in the 100 foot no -build area.") The motion was seconded.
Guiffrida detailed his reasons for the amendment, stating he does not agree with variances at any time
and it would be unfair to other developers.
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Atkinson remarked he will vote in favor of the amendment.
The amendment carried upon roll call vote with Atkinson, Gabriel, Graham, Guiffrida,
Kluesner, Kuntz and Saverud voting in favor, and Carlson and Mayor Johnson voting against.
There was fiirther discussion.
The main motion, as amended once, carried upon roll call vote with Atkinson, Gabriel,
Graham, Guiffrida, Kuntz, and Saverud voting in favor, and Carlson, Kluesner, and Mayor
Johnson voting against.
E/2. HOCKEY USE AGREEMENT WITH FLATHEAD VALLEY HOCKEY
ASSOCIATION
Council considered approving a use agreement with the Flathead Valley Hockey Association for the
continued use of the Bl uckhouser improvements in Woodland Park for ice skating and hockey
activities.
Fincher gave a report and answered questions.
Public Comment
None.
Atkinson moved council authorize the city manager to approve the Hockey Use Agreement
with Flathead Valley Hockey Association. The motion was seconded.
Council Discussion
Guiffiida commented that Flathead Valley Hockey Association has a good relationship with the city
and this is a good agreement.
Kluesner remarked this is a great asset for the city and its youth.
The motion carried unanimously upon vote.
E/3. PROFESSIONAL CONSULTING CONTRACT WITH CTA ARCHITECTS
ENGINEERS
Kalispell provisionally selected CTA Architects Engineers through the RFP process to act as its
consultant for the South Kalispell Urban Renewal Plan project. The contract for that work was
presented to the council for its approval.
Jentz gave a report and answered questions.
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Public Comment
None.
Saverud moved council authorize the city manager to approve the consulting contract with
CTA Architects. The motion was seconded.
Council Discussion
None.
The motion carried unanimously upon vote.
F. MAYOR/COUNCIL/CITY MANAGER REPORTS (No Action)
Russell unformed council next week's work session will be a joint meeting with Flathead County
Economic Development Authority (FCEDA) to discuss the rail park and also to hear an update on the
Westside Interceptor. He also reminded council the Legislative Forum round table will be held next
Wednesday, December 10.
Mayor Johnson thanked the Chamber for putting on the Christmas parade; stated he has been invited
to speak regarding the Legislative Agenda at the Chamber Luncheon next week; told Chief Nasset
everyone appreciates the work, stresses and dangers his department works under to protect us; had
comments regarding the PUD process; and addressed his reaction to Mr. Cossitt's comments from the
last meeting.
The meeting was adjourned at 9:12 p.m.
4 892 P .
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