04-06-15 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES
APRIL 6, 2015
View the minutes attached to the video of the meeting at:
http://www.kalispell.com/mayor_ andcitycouncil/meetings.php or by clicking the links
below.
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., APRIL 6, 2015, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL,
MONTANA.
MAYOR MARK JOHNSON PRESIDED.
COUNCIL MEMBERS JIM ATKINSON, CHAD GRAHAM, PHIL GUIFFRIDA, ROD
KUNTZ, SANDY CARLSON, KARI GABRIEL, TIM KLUESNER AND WAYNE
SAVERUD WERE PRESENT.
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk
Aimee Brunckhorst, Public Works Director Susie Turner, Engineer Keith Haskins,
Planner Jarod Nygren, and Police Chief Roger Nasset.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
A. AGENDA APPROVAL
Guiffrida moved to approve the agenda as submitted. The motion was seconded by
Gabriel.
The motion carried unanimously upon vote.
B. CONSENT AGENDA APPROVAL
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.
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1. Council Minutes - Regular Meeting - March 16, 2015
03-16-15 Draft Minutes
2. Grant Acceptance for the Kalispell Business Improvement District - Facade
Improvement Program
Acceptance of the Main Street Program Grant will fund implementation of a fagade
improvement program.
Grant Acceptance
3. Bid Award for 2nd Alley East Sanitary Sewer
Bid Award Materials
Four bids were received for this item on March 26, 2015. Staff recommends awarding the bid to
Leighty Brothers Construction, LLC in the amount of $188,190.18.
Atkinson moved to approve the consent agenda as submitted. The motion was seconded by
Kuntz.
Councilor Guiffrida thanked the Downtown Business Improvement District and Pam Carbonari
for their work on this grant.
The motion carried unanimously upon vote.
C. COMMITTEE REPORT
None
D. PUBLIC COMMENT
Mayre Flowers, Public Comment
Ms. Flowers of 35 4th Street West, with the Citizens Group for a Better Flathead, handed out a
brochure, "Where to recycle Guide in the Flathead". She explained some changes that have been
made. She also mentioned that volunteers pick up several of the drop sites. She would encourage
the public to keep those sites clean and follow recycle guidelines.
Pam Carbonari, Public Comment
Ms. Carbonari with the Kalispell Business Improvement District conveyed her and the board's
appreciation for the Councios acceptance under tonight's consent agenda of the Kalispell
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Business Improvement District facade improvement grant. The Business Improvement Grant is
matching the grant dollar for dollar. The property owners will also need to match dollar for
dollar. They have already invested $22,000 in facades and spoke to the importance of these
projects. Ms. Carbonari spoke regarding the upcoming Run Through History Race which the
Downtown Business Association has had for the past five years in the fall. She explained there
are lots of runs in the fall, so this year they moved the run to the spring season on April 19, 2015.
Mayor Johnson closed public comment.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
1. Resolution 5707, adopting the updated design standards
Design Standards
This Resolution adopts amendments to the Kalispell design and construction standards.
Doug Russell provided the staff report on this item.
Susie Turner, Public Works Director provided further details on this item.
Councilor Atkinson began questions for staff.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Councilor Guiffrida commended the public works department on the level of professionalism in
their staff presentations, and for the format changes and the checklist in the revised document.
Mayor Johnson said the integration of the public comments into the revisions made to the design
standards was commendable. He said going forward he would like to have Public Works
continue to work closely with local engineering firms when revisions need to be made in the
future.
Guiffrida moved to approve Resolution 5707, amending the 2009 Standards for Design and
Construction for the City of Kalispell, Montana, and setting an effective date. The motion
was seconded by Kluesner.
The motion carried unanimously upon vote.
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2. Town Pump Annexation, Zoning and Conditional Use Permit
Town Pump Materials
Doug Russell began the staff report for this item.
Jarod Nygren, Planner continued the staff presentation.
Councilor Guiffrida began questions for staff regarding procedure.
Councilor Guiffrida continued questions, asking about the stormwater detention or discharge
location and how it will be designed.
Councilor Saverud asked questions regarding the property south of Reserve Drive.
Councilor Saverud asked about possible environmental issues on the North side of the site.
Councilor Kluesner asked about the signage prohibitions.
Mayor Johnson asked about stormwater treatment at the nearest gas station to this property.
Councilor Graham asked questions regarding casino locations.
Public Comment
Mayor Johnson opened public comment on this item.
John Wehrman, Public Comment
Mr. Wehrman of Somers spoke regarding traffic infrastructure and how this area is a corridor for
kids and busses going to and from the High School. He does not feel that an alcoholic business
should be located here.
Mayre Flowers, Public Comment
Ms. Flowers of 35 4th Street West, spoke on behalf of the group, Citizens for a Better Flathead.
She explained the purpose of the group and asked that the conditional use permit for a casino not
be allowed. She provided amended findings she would like the Council to consider and then
spoke in further detail about why the group is opposed.
Sheila Wininger, Public Comment
Ms. Wininger of 555 Springcreek Road, Somers, spoke to why the River Church moved from
this location, the traffic dangers and bank erosion problems she observed here when she owned
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and operated the River Church that was on the site previously. She said they saw the river slough
off the land.
Sharon DeMeester, Public Comment
Ms. DeMeester of 415 Chestnut Drive said a Travel Guide in New Zealand was not favorable
towards Kalispell. She then spoke regarding the Growth Policy and how she feels it relates to
this corridor. She is greatly concerned about the high level of traffic in this area, alcohol at this
location, and is opposed to the proposed casino use.
BJ Carlson, Public Comment
Ms. Carlson of Mission Trail Way spoke in opposition to the application and to the traffic
problems on Reserve saying they are a nightmare.
Sherry Wehrman, Public Comment
Ms. Wehrman of Somers spoke regarding the number of casinos in the city of Kalispell,
presenting a map of where they are located. She spoke in detailed opposition to gambling and the
application before the Council.
Jenny Lasorte, Public Comment
Ms. Lasorte of 275 Sulky Lane spoke in opposition of the proposed casino use at this location
providing details and handouts explaining her position.
Terry Meyers, Public Comment
Mr. Meyers of 116 Moes Run said he lives on the river near the proposed site and said the soil is
substandard at that location and the river continues to eat away at the shore. Mr. Meyers spoke to
traffic congestion and danger he has observed in this area. He is opposed to this application.
Phillis Fischer, Public Comment
Ms. Fischer of 16 St Chappelle Court, spoke to the traffic congestion in this area and to her
opposition of the proposed casino being near young people.
Pauline Siordal, Public Comment
Ms. Sjordal of 234 3rd Avenue West, said she has seen deprivation of families while working in
social services and is opposed to casinos. She spoke in opposition to texting and her concerns
about driving while texting.
Todd Bernhardt, Public Comment
Mr. Bernardt of 158 Arbor Drive, supports the public comment that was previously provided and
would urge the Council to oppose this application.
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Roxanne Brothers, Public Comment
Ms. Brothers of 786 4th Ave WN spoke to the difficulties she has as a pedestrian getting across
the traffic light at the proposed location and the traffic problems here. She spoke in opposition to
the application.
Joe Murphy, Applicant
Mr. Murphy with Big Sky Civil and Environmental in Great Falls, spoke on behalf of the
applicant. The applicant intends to work with the Architectural Committee and the city to
represent an appealing design. The applicant also understands the higher sign standards that have
been placed upon them. He assured Council they will work with staff on water and sewer
extensions, storm water detention and drainage, and other staff recommendations. All water will
go through an oil, water separator prior to discharge. He spoke regarding a traffic impact study
that was completed in conjunction with Montana Department of Transportation. The findings are
available for review. The traffic impact study addresses concerns at this intersection and
improvement plans have been submitted and approved by MDT. Mr. Murphy said they have
submitted a joint application to the Flathead Conservation District, and plan on working with the
local floodplain coordinator, etc. to stabilize the site. Mr. Murphy explained that the applicants
would not be interested in putting in just a gas station and convenience store without a casino.
Councilor Graham asked the applicant about plans for the bank stabilization.
Joe Murphy answered questions about designs for the bank stabilization and how the process for
this will work.
Councilor Atkinson asked whether any Town Pumps exist without a Lucky Lil's casino.
Dan Sampson, Construction Development Manager for Town Pump, Inc. responded to a
question answering there are several Town Pumps without a Lucky Lil's located within.
However, a stand-alone convenience store at this location would not support itself.
Madison Deets, Public Comment
Ms. Deets of Somers, said how easy it is for youth under the age of 21 to acquire alcohol in the
Flathead Valley. She feels a casino here would increase driving while intoxicated.
Public Comment Closed
Guiffrida moved to approve Resolution 5708, to provide for the alteration of the
boundaries of the City of Kalispell by including therein as an annexation certain real
property located in the Southwest quarter of section 30, township 29 North, Range 21
West, P.M.M., Flathead County, Montana and more particularly described as tract 1 of
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Certificate of Survey #19815 of record in the office of Clerk and Recorder for Flathead
County, Montana, to be known as Town Pump addition no. 423; to zone said property in
accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The
motion was seconded by Kluesner.
Discussion on the motion.
Council and staff discussed how this item should be handled procedurally.
Councilor Atkinson began Council discussion.
Councilor Guiffrida continued discussion.
Councilor Kluesner continued discussion.
Councilor Saverud continued discussion on the motion.
Councilor Atkinson continued discussion.
Councilor Graham continued discussion.
Mayor Johnson asked procedural questions of staff.
Councilor Kluesner continued discussion.
Atkinson moved to table Resolution 5708 until the second May meeting so we can discuss
this further. The motion was seconded by Saverud.
Mayor Johnson continued questions for staff.
The motion to table failed upon vote with Atkinson, Gabriel, Kuntz, and Saverud voting in
favor, and Carlson, Graham, Guiffrida, Kluesner, and Mayor Johnson voting against.
Councilor Guiffrida continued discussion and questions on this item.
The main motion carried upon vote with Atkinson, Gabriel, Graham, Guiffrida, Kluesner,
Kuntz, and Mayor Johnson voting in favor, and Carlson, and Saverud voting against.
b. Ordinance 1755 - Initial Zoning
This Ordinance creates initial zoning of B-2 for 859 West Reserve Drive.
Kluesner moved to approve Ordinance 1755, amending Section 27.02.010, official Zoning
Map, City of Kalispell Zoning Ordinance (Ordinance No. 1677), by Zoning certain Real
Property located in the Southwest quarter of Section 30, Township 29 North, Range 21
West, P.M.M., Flathead county, Montana and more particularly described as tract 1 of
certificate of survey #19815 of record in the office of Clerk and Recorder for Flathead
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County, Montana, currently zoned County R-1 (Suburban Residential), to City B-2
(General Business) in accordance with the Kalispell Growth Policy 2020, and to provide an
effective date. The motion was seconded by Graham.
Discussion on the motion.
Counselor Gabriel provided discussion on the motion.
Councilor Guiffrida continued discussion on the motion.
Councilor Gabriel continued discussion on the motion.
The motion carried upon vote with Carlson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz,
Saverud, and Mayor Johnson voting in favor, and Atkinson voting against.
C. Conditional Use Permit (CUP) for Casino
This CUP �r�vi i i o7chtional uw.of a convenience store and casino to the existing
improvem n s a es Reserve Drive.
Guiffrida moved to approve the Conditional Use Permit KCU-15-01 for Eureka Town
Pump with the nine conditions of approval. The motion was seconded by Carlson.
Councilor Guiffrida provided discussion on the motion.
Councilor Atkinson provided discussion on the motion.
Atkinson moved to table until the last meeting in May this Ordinance. The motion was
seconded by Kuntz.
The motion to table failed upon vote with Atkinson, Gabriel, Kuntz, Saverud voting in
favor, and Carlson, Graham, Guiffrida, Kluesner, and Mayor Johnson voting against.
Councilor Saverud continued discussion on the motion.
Councilor Guiffrida continued discussion on the motion.
Councilor Kuntz continued discussion on the motion.
Councilor Atkinson continued discussion.
Councilor Saverud continued discussion on the motion.
Councilor Kluesner continued discussion on the motion.
Mayor Johnson continued discussion on the motion.
The motion carried upon vote with Gabriel, Graham, Guiffrida, Kluesner, and Mayor
Johnson voting in favor, and Atkinson, Carlson, Kuntz, and Saverud voting against.
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3. Resolution 5709 - Trumbull Creek Crossing, Phase II
Trumbull Creek
Doug Russell began the presentation on this item.
Susie Turner, Public Works Director continued the staff presentation on this item.
Councilor Guiffrida began questions for staff.
Public Comment
Mayor Johnson opened public comment.
Andy Hyde, Applicant
Mr. Hyde with Carver Engineering spoke on behalf of Northwest Development Group. He would
ask that the Council approve the deviation the applicant is requesting related to the use of native
soils for trench backfill.
Mayor Johnson asked questions of the applicant.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
Councilor Atkinson asked questions of staff.
Guiffrida moved to approve Resolution 5709, approving the Development Agreement for
Trumbull Creek Crossing, Phase II, a Flathead County Subdivision, pursuant to the
provisions of Kalispell Resolution 5072, and directing the City Manager to execute the
same. The motion was seconded by Kluesner.
Councilor Guiffrida began discussion on the motion.
Mayor Johnson continued discussion on the motion.
Mayor Johnson moved to amend the motion to allow paragraph 5 E. and allow native
materials that are exported from the trenches to be used as backfill within the trenches and
to be compacted per standard as long as sediment materials pass engineering tests. The
motion was seconded by Kluesner.
Councilor Guiffrida continued discussion on the motion.
Mayor Johnson continued discussion on the motion.
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The motion to amend failed upon vote with Kuntz and Mayor Johnson voting in favor and
Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kluesner, and Saverud voting against.
The main motion carried unanimously upon vote.
4. Bloomstone Final Plat
Bloomstone
Jarod Nygren, Planner provided the staff presentation on this item.
Public Comment
Mayor Johnson opened public comment, seeing none, he closed public comment.
Guiffrida moved to approve the final plat of the Bloomstone Phase 1-A West, and accept
the subdivision improvement agreement. The motion was seconded by Gabriel.
Councilor Atkinson disclosed that he is friends with the builder and has worked with Mr.
Rhodes, on senior mobile home repair. Mr. Rhodes volunteers a lot of time.
The motion carried unanimously upon vote.
5. Resolution 5710 - Old School Station
Old School Station Packet materials
Doug Russell began the staff presentation on this item.
Councilor Kuntz asked questions of staff.
Councilor Atkinson continued questions for staff.
Councilor Guiffrida continued questions for staff.
Public Comment
Mayor Johnson opened public comment.
Kurtis Hafferman, Public Comment
Mr. Hafferman of 1325 Second Street west, spoke in opposition to Resolution 5710 saying that
the city should go into default on these bonds, providing details about why. He feels the lots will
not sell.
Public Comment Closed
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Seeing no further comments, Mayor Johnson closed public comment.
Atkinson moved to approve Resolution 5710, a Resolution of the City Council of the City of
Kalispell, Montana, to elect, pursuant to MCA 15-17-317, to request the Flathead County
Treasurer to assign all interests in real property described as lots 3A, 4, 6, 8, 9 and 15 of
Old School Station according to the Plat and amended Plats of record in the office of Clerk
and Recorder of Flathead County, Montana, to the City of Kalispell upon its payment of all
delinquent taxes and costs owing on the described real property to the Flathead County
Treasurer. The motion was seconded by Graham.
Councilor Atkinson continued discussion on the motion.
Mayor Johnson asked questions of staff.
Councilor Kluesner continued discussion on the motion.
Mayor Johnson continued discussion.
Councilor Guiffrida disclosed that he works for a company that does business with lot 2 before
the Council tonight.
Councilor Guiffrida provided discussion on the motion.
Councilor Kluesner provided discussion on the motion.
The motion carried unanimously upon vote.
6. Resolution 5711, Spring Prairie, Phase 4, Resolution of Intent to adopt, amend or
reject Growth Policy Amendment
Jarod Nygren, Planner provided the staff presentation on this item.
Councilor Kluesner began questions for staff.
Councilor Kuntz continued questions for staff.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Saverud moved to aonrove Resolution 5711. a Resolution of intention to adopt. revise or
reject a recommended amendment to the Kalispell Growth Policy 2020 to amend the
designation of property located within the South half of section 36, Township 29 North,
Range 22 West. P.M.M., Flathead Countv. Montana and to call for a uublic hearing. The
motion was seconded by Atkinson.
The motion carried unanimously upon vote.
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F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
City Manager Doug Russell provided the following staff report:
• During the recent trip to Washington D.C. they talked a lot about TIGER funding with
the delegation. The application to that grant work is already occurring. Katherine
Thompson and a member of FCEDA will be going to a TIGER grant workshop in D.C.
They will possibly send a small delegation to Washington DC one more time right before
the grant decision is made.
• Next work session: Pond Hockey Request from the Chamber of Commerce and Parks
User Fees
Mayor Johnson said he heard from the Council tonight that they would like to hold a work
session on casino zoning.
G. ADJOURNMENT
Mayor Johnson adjourned the meeting at 11:07 p.m.
City Clerk
Minutes approved on: 4py-*t 0201 ZO1 5
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