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04-20-15 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES APRIL 20, 2015 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayor and city council/meetings.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, APRIL 20, 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, Planner Jarod Nygren, Parks and Recreation Director Chad Fincher, and Police Chief Roger Nasset. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL Guiffrida moved to approve agenda as presented. The motion was seconded by Gabriel. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes - Regular Meeting - April 6, 2015 04-06-15 Draft Council Minutes 2. Grant Acceptance for the Out -Of -School Times Program grant from the National Recreation and Park Association in partnership with the Walmart Foundation Kalispell City Council Minutes April 20, 2015 Page 1 Acceptance of this grant will increase meals through the Summer Food Service Program and the Child and Adult Care Food Program through an existing partnership between Parks and Recreation and School District 5. Grant Acceptance Atkinson moved to approve Grant Acceptance for the Out -Of -School Times Program grant from the National Recreation and Park Association in partnership with the Walmart Foundation. The motion was seconded by Kuntz. The motion carried unanimously upon vote. C. COMMITTEE REPORT Street Tree Commission - Arbor Day Proclamation and Tree City USA Presentation Andrea Davidson, Member of the Street Tree Commission Ms. Davidson spoke regarding how the Tree Resolution has been in place in Kalispell for 29 years. She spoke about the positive and progressive action pertaining to the city's trees and the ongoing commitment to meet requirements and standards for the Tree City USA designation. She introduced Street Tree Commission members Bette Albright and Brock Anderson who were also present. Ms. Davidson reported on the Street Tree Commission's aggressive work plan this year. This included the biannual event, From Trees to Paper to Trees Recycling Drive which brought in $11,000 in proceeds. On April 24, Arbor Day, the Parks and Recreation Department and the Commission will be hosting an elaborate event with all School District 5 third graders. In September, the Commission and Park staff will lead community members in the first ever Tree Cycle Bicycle Ride on a tour of Kalispell's notable trees. Ms. Davidson also reported receiving the Growth Award again this year. She also spoke regarding other achievements over the past year, upcoming goals and the challenges they have seen. Ms. Davidson also spoke about upcoming goals. Rock Anderson, Member of the Street Tree Commission Mr. Anderson, the Wood Shop Teacher at Flathead High School explained that his students in the woods program have been working with the dead elm trees as they are removed throughout the city. Last year, they processed over 64,000 board feet in the elm and this year they are at 209,000 board feet. He spoke regarding the projects the students have been making, including fish nets, Arbor Day plaques, and 312 student award plaques. Ten of his students will also be involved with a station at the Arbor Day event and fifteen of the FHS Student Council will also be assisting with the event. He also showed a sign dedication the students made for Thompson Memorial Park. Mr. Anderson explained that all the sawdust and tree waste, the students are Kalispell City Council Minutes April 20, 2015 Page 2 making into wood pellets. The students see the entire process from plaining the wood to the finished product. Weston Taylor, Student at Flathead High School Mr. Taylor explained the process he used to create his woodworking project made with recycled elm trees. Mayor Johnson read the Arbor Day Proclamation aloud. Councilor Atkinson said how impressed he is with this collaboration and utilization of the wood and the work that the students do. D. PUBLIC COMMENT Mayor Johnson opened 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 Manner of Addressing the Council. (Comments shall be limited to three minutes.) Sharon DeMeester, Public Comment Ms. DeMeester of 415 Chestnut Drive, said she appreciates what the kids are learning at Flathead High School. She then announced an Earth Day Celebration on April 25 in Whitefish from 10 a.m. to 2 p.m. that will include a lot of activities. Ms. DeMeester spoke representing Citizens for a Greater Flathead explaining the purpose of the group. The group would like the Council to amend Ordinance 1755 removing the conditional use permit. Ms. Demeester provided details as to why the group would like the Ordinance amended. Jim Cossitt, Public Comment Mr. Cossitt of 1231 6th Street West, spoke referring to issues he has raised in the past regarding a retired employee and the past Mayor. Mr. Cossitt referred to a December 16, 2013 memorandum he previously provided to the Council regarding an investigation he would like performed into the former Mayors participation before Council. He spoke in detail about his thoughts on the matter. Lee Selders, Public Comment Mr. Selders, a local contractor and President of the Flathead Builders Association spoke in opposition to new design standards requiring water meter vaults saying they will be costly to install and create a delay for inspection. He does not feel they will provide any benefit and will create a hardship. Kalispell City Council Minutes April 20, 2015 Page 3 Russ Geldrich, Public Comment Mr. Geldrich of 161 Gray Lane opposes the new meter pit mandate saying it adds about $1000 to a single family home. He spoke to the problems he is experiencing complying with the new meter pit rules. Ron Terry, Public Comment Mr. Terry of 7 Meridean Court spoke in opposition to water meter pit requirements and problems with installing them in the boulevard. He is concerned about liability issues with sidewalks and curbing caving in, safety issues of an open pit and concerns about crossing other utility lines. Mona Terry, Public Comment Ms. Terry of 7 Meridean Court spoke in opposition to new regulations to install meter pits in the boulevard speaking about the lack of room in the boulevard for the pits to be installed. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. E. PUBLIC HEARING - TKG SPRING PRAIRIE, DEVELOPMENT 4 GROWTH POLICY AMENDMENT Council will accept comments concerning an amendment to the Growth Policy for a portion of Section 36 adjacent to the Kidsports Complex for commercial uses. Mayor Johnson opened the public hearing. Mayor Johnson called for public comment on the hearing. Sharon DeMeester, Public Comment Ms. DeMeester of 415 Chestnut Drive spoke on behalf of Citizens for a Greater Flathead in opposition to this land use due to existing water on the site, explaining the group's position. .Joe Unterreiner, Public Comment Mr. Unterreiner with the Kalispell Chamber of Commerce voiced the Chamber's support of this application. Public Hearing Closed Seeing no further public comment, Mayor Johnson closed the public hearing on this item. 1,'. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION Kalispell City Council Minutes April 20, 2015 Page 4 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 Manner of Addressing the Council. (Comments shall be limited to three minutes.) 1. Ordinance 1755 - Town Pump, 'Zoning, Second Reading This Ordinance creates initial zoning of B-2 for 859 West Reserve Drive. Town Pump Ordinance City Manager Doug Russell provided a brief explanation as to why this Ordinance was not placed on the consent agenda. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Kluesner moved to approve Ordinance 1755, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell ZoninE 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 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 Guiffrida. Councilor Saverud provided discussion on the motion. Councilor Guiffrida provided discussion on the motion. Saverud moved to table the motion to approve Ordinance 1755 to the second regular meeting in May. The motion was seconded by Kuntz. The motion failed upon vote with Atkinson, Gabriel, Kuntz and Saverud voting in favor, and Carlson, Graham, Guiffrida, Kluesner, and Mayor Johnson voting against. The original motion to approve Ordinance 1755, an Ordinance to amend 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 Kalispell City Council Minutes April 20, 2015 Page 5 tract 1 of certificate of survey #19815 of record in the office of clerk and recorder for Flathead 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 carried upon vote with Gabriel, Graham, Guiffrida, Kluesner, Kuntz, Mayor Johnson voting in favor, and Atkinson, Carlson, Saverud voting against. 2. . .Resolution 5712 - Resolution of Intent, Old School Station This Resolution notifies the public that the Council intends to retain and sell six parcels of Old School Station and sets the concluding date and time for the period of redemption for these parcels. Old School Station City Manager Doug Russell began the presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Atkinson moved to approve Resolution 5712, A Resolution of Intent by the City Council of the City of Kalispell, Montana, to retain and sell, pursuant to MCA 7-8-2301, all interests in real property assigned to it by Flathead County, Montana and 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 give requisite notice of such intent by publication and mailing to all interested parties and to set a date and time concluding the period of redemption. The motion was seconded by Carlson. The motion carried unanimously upon vote. 3. Resolutions 5713A, 5713B, 5713C -'TKG Spring Prairie Development Four - To Accept, Amend or Reject A Growth Policy Amendment These Resolutions provide the statutory options for the City Council to either accept, amend or reject a growth policy map amendment from "Public and Open Space" to "Commercial" for a 28 acre site located on the southwest corner of the intersection of US Highway 93 North and Old Reserve Drive. Growth Policy Amendment City Manager Doug Russell provided a brief presentation introducing all the agenda items for TKG Spring Prairie Development Four. Kalispell City Council Minutes April 20, 2015 Page 6 Planner Jarod Nygren provided a presentation on these items. Councilor Kuntz began questions for staff. Councilor Atkinson continued questions for staff. City Attorney, Charles Harball provided a review of the three Resolutions before Council. Public Comment Mayor Johnson opened public comment on this item. Karen Blumenstein with Flower and Stone Ltd representing the applicant, TKG Spring Prairie, provided additional details on the application. Sharon DeMeester, Public Comment Ms. DeMeester of 415 Chestnut Drive provided additional details to her earlier public comment in opposition during the public hearing. She also spoke regarding traffic concerns. Jarod Nygren spoke to the public comment received. Karen Blumenstein on behalf of the applicant spoke to the public comment received, saying they would not be opposed to the removal of the condition allowing an accessory casino as they have no intention of ever having a casino on the property. Saverud moved to approve Resolution 5713, a Resolution adopting an amendment to the Kalispell Growth Policy 2020, to be known as the Spring Prairie Phase 4 Amendment. The motion was seconded by Kluesner. The motion carried unanimously upon vote. 4. Ordinance 1756 - TKG Springy Prairie, Development Four - Zone Change & PUD This Ordinance changes the zoning of a 28 acre site located on the southwest corner of the intersection of US Highway 93 North and Old Reserve Drive from P-1 (Public) to B-2 (General Business) and approves a planned unit development application for Spring Prairie, Phase 4. PLJD and Zoning Councilor Saverud asked questions of staff. Kalispell City Council Minutes April 20, 2015 Page 7 Councilor Kluesner continued questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Guiffrida moved to approve Ordinance 1756, an Ordinance to amend section 27.02.010, official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance 1677), by Zoning certain real property, more particularly described as the South half of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned City P-1 (Public) to City B-2 (General Business) with a Planned Unit Development Overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded by Graham. Saverud moved to amend Ordinance 1756 by eliminating item #4, amending items of approval, PUD Conditions. The motion was seconded by Gabriel. Councilor Kluesner provided discussion on the motion. Councilor Gabriel provided further discussion on the motion. Councilor Kluesner provided further discussion on the motion. Councilor Kuntz provided further discussion. The motion carried upon vote with Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kuntz, Saverud, Mayor Johnson voting in favor, and Kluesner voting against. The motion carried unanimously upon vote. 5. Resolution 5714 - TKG Spring Prairie, Development Four - Preliminary Plat This Resolution approves the Preliminary Plat to accommodate 14 building pads associated with commercial development for a 28 acre site located on the southwest corner of the intersection of US 93 North and Old Reserve Drive. Preliminaa Plat Councilor Kluesner asked questions of staff. Councilor Gabriel asked questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Kalispell City Council Minutes April 20, 2015 Page 8 Graham moved to approve Resolution 5714, a Resolution conditionally approving the Preliminary Plat of Spring Prairie Development Four, more particularly described as the South half of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded by Gabriel. Gabriel moved to amend the motion to remove condition number 4 in Resolution 5714 allowing for incidental casino use. The motion was seconded by Guiffrida. The motion to amend carried unanimously upon vote. The original motion as amended carried unanimously upon vote. 6. Resolution 5715 - Revising Parks & Recreation Fee Schedule This Resolution revises Park and Recreation fees to be charged by the city. Pee Schedule City Manager Doug Russell began the presentation on this item. Councilor Gabriel began questions for staff. Councilor Kluesner spoke to the question posed by Councilor Gabriel. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Guiffrida moved to approve Resolution 5715, amending Resolution 5336 and fixing Park and Recreation Fees to be charged by the City of Kalispell's Parks and Recreation Department and declaring an effective date. The motion was seconded by Graham. Councilor Saverud provided discussion commending the Parks and Recreation Department for attempting to keep the rates as affordable as possible. Councilor Gabriel also provided discussion on the motion. The motion carried unanimously upon vote. 7. Resolution 5716 - Social Media Use Policy Amendment to the Personnel Handbook This Resolution amends the City of Kalispell Personnel Policies Handbook to include terms of a social media use policy. Kalispell City Council Minutes April 20, 2015 Page 9 Amendment to Personnel Handbook City Manager Doug Russell began the presentation on this item. City Clerk and Communications Manager Aimee Brunckhorst continued the staff presentation. Councilor Guiffrida began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Gabriel moved to approve Resolution 5716, revising Resolution 5468, amending the City of Kalispell Personnel Policies Handbook to include terms of a Social Media Use Policy and declaring an effective date. The motion was seconded by Carlson. Councilor Guiffrida began discussion on the motion. The motion carried unanimously upon vote. G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) • City Manager Doug Russell provided the following reports: Next Work Session: Potential Zoning of Casinos • Building Inspector Added: Last year's budget session a building inspector was added only if necessary. The position is now necessary, so they will advertise for the position. Mobility Institute Grant: A grant was received for a team planning session around traffic challenges and patterns. May 11-13, a 7 to 8 member team will travel to Bozeman to discuss the cuplet at the County Courthouse. Mr. Russell explained who would be attending. Councilor Guiffrida provided the following report: Betsy Wood with Friends of Thompson Field sent an invite for a dedication of a historic marker for Gus Thompson and the renaming of the city park in his memory on Saturday the 25th at 1 p.m. at the park located at 12th Street East and 7th Street East. Councilor Kuntz requested that Council discuss the Flathead Parking District in a work session once more to discuss a process to solve the issue. Kalispell City Council Minutes April 20, 2015 Page 10 Mayor Johnson reported the following: A Prevent Child Abuse Blue Ribbon event sponsored by the Nurturing Center will occur on April 30th from 4 to 6 p.m., at Lawrence Park. It is currently Child Abuse Prevention Month. The Mayor also reported on an event he attended just prior to tonight's meeting at CASA regarding preventing child abuse. Councilor Kluesner said the Public Works Department should be commended for the new manner in which they are fixing potholes. Mayor Johnson commended Chad Fincher for the work on the Parks and Recreation fees. He feels we should address all city fees more frequently. City Manager Doug Russell said staff is preparing to come forward with a sewer fee review. Mayor Johnson reported that the City of Polson will be discussing local options sales tax. The Council asked staff for a report about comments received tonight on meter pit requirements. H. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:22 p.m. owl - Aimee Brunckhorst, CMC City Clerk Minutes approved on:a Kalispell City Council Minutes April 20, 2015 Page 11