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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. Kalispell City Council Minutes April 6, 2015 Page 1 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 Kalispell City Council Minutes April 6, 2015 Page 2 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. Kalispell City Council Minutes April 6, 2015 Page 3 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 Kalispell City Council Minutes April 6, 2015 Page 4 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. Kalispell City Council Minutes April 6, 2015 Page 5 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 Kalispell City Council Minutes April 6, 2015 Page 6 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 Kalispell City Council Minutes April 6, 2015 Page 7 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. Kalispell City Council Minutes April 6, 2015 Page 8 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. Kalispell City Council Minutes April 6, 2015 Page 9 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 Kalispell City Council Minutes April 6, 2015 Page 10 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. Kalispell City Council Minutes April 6, 2015 Page 11 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 Kalispell City Council Minutes April 6, 2015 Page 12