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11-02-15 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES NOVEMBER 2, 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., NOVEMBER 2, 2015, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. Mayor Mark Johnson presided. Councilors Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz, and Saverud were present. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Public Works Director Susie Turner, City Engineer Keith Kaskins, and Chief of Police Roger Nasset. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE A. AGENDA APPROVAL Phil Guiffrida moved to approve the agenda as submitted. The motion was seconded by Sandy Carlson. 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. 1. Council Minutes - Regular Meeting - October 19, 2015 10-19-15 Minutes 2. Acceptance of Homeland Security Grant Kalispell City Council Minutes November 2, 2015 Page 1 Acceptance of the fiscal year 2015 Homeland Security Grant in the amount of $59,599.50 will allow the Police Department to purchase a negotiator phone and tactical robot. Homeland Security Grant Jim Atkinson moved to approve consent agenda as submitted. The motion was seconded by Phil Guiffrida. The motion carried unanimously upon vote. B. COMMITTEE REPORT None. D. PUBLIC COMMENT Mayor Johnson opened general 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. Chris Carter, Public Comment Ms. Carter of 74 Stage Lane spoke regarding efforts started a year ago to establish an off leash dog park in Kalispell. Since then, they have created Paws to Play, a 501C3. Fundraising events have occurred throughout the year including Doggie Dayz. Ms. Carter thanked Fred Bicha and the rest of the Parks and Recreation Department staff for their enthusiastic assistance. Ms. Carter expressed the hope that the city of Kalispell will help Paws to Play obtain some land for the park and continue to support this project. Diane Bowcore, Public Comment Ms. Bowcore of 312 Bismark Street, spoke regarding the needs of the non-profit Paws to Play group who are raising money for a leash free dog park. They are hoping to find 7 to 10 acres in the city of Kalispell for the park and are hoping the Council can help them do so. Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead congratulated the City on the TIGER grant received. She mentioned that the new recycle bin behind Kalispell Medical Arts Building is being well used. She reminded the public that brown paper bags should go in with cardboard not paper, and plastic bags cannot go in the recycling. Kalispell City Council Minutes November 2, 2015 Page 2 Karlene Osorio-Khor, Public Comment Ms. Osorio-Khor spoke regarding her candidacy for Ward 3 and urged all the citizens of Kalispell to get out and vote tomorrow. Jim Cossit, Public Comment Mr. Cossit of 1231 6th Street West thanked Ward 3 Council members for the Town Hall meetings they have been hosting, saying feedback at the informal meetings really validates feelings of being heard. Mr. Cossit then spoke regarding his views of a lack of infrastructure planning within the city. Mr. Cossit then spoke regarding the panhandling Ordinance, saying he feels it is in violation of the Constitution. He also feels that the Ordinance is not being enforced equally. Mr. Cossit then spoke regarding the ethics policy and the importance of disclosure of substantive information and ensuring the appearance of impropriety as it relates to the Casino ordinance. Chris Hall, Public Comment Mr. Hall of Evergreen Drive spoke regarding looking at the long term regarding infrastructure. He then spoke regarding his views regarding local option sales tax.Mr. Hall spoke regarding the need for young people to talk with elders that were alive in the World War II era. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. E. 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 Manner of Addressing the Council. Comments shall be limited to three minutes. 1. Conditional Use Permit - Immanuel Lutheran Corporation Phased Expansion/Remodels Immanuel Lutheran Corporation is requesting a conditional use permit for five phases of development at their senior living/care facility. City Manager Doug Russell introduced this item. Planner Jarod Nygren provided the staff presentation on this item. Councilor Guiffrida began questions for staff. Kalispell City Council Minutes November 2, 2015 Page 3 Public Comment Mayor Johnson opened public comment. Don McArthur, Public Comment Mr. McArthur with McArthur, Means and Wells Architects spoke on behalf of the applicant saying they have been working on this plan for several years. He said Claremont Street divides the campus in half and they would like to make the property feel much more like a connected campus. They are mostly in agreement with staff on condition 7 and would ask that Council provide guidance to staff regarding pedestrian crossings. Margaret Davis, Public Comment 160 Charlotte Avenue is concerned about traffic impacts in this area. She would like to see a traffic impact study conducted and would be opposed to any bulb -outs. She also spoke regarding the pedestrian easement, saying she would like to see Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Wayne Saverud moved to approve Conditional Use Permit KCU-15-04, with the 13 conditions of approval as amended by Council. The motion was seconded by Chad Graham. Phil Guiffrida moved to amend condition 7 as the screen states (Roadway and access improvements shall comply with Kalispell Design and Construction Standards currently in effect at the time of construction. Traffic calming features as proposed in the site plan at the intersection of Crestline and Claremont on the south end and Claremont and the alley on the north end of the site shall be warranted as set forth in the City of Kalispell Transportation Plan. Pedestrian features shall be designed and constructed according to the Standards in effect at the time of construction. Proposed roadway and pedestrian features not complying with current Standards shall be reviewed for approval through the deviation process as set forth in the Standards. The proposed midblock crossings on Claremont will require an engineering studv as outlined in section 3B-18 of the Manual on Uniform Traffic Control Devices below.) The motion was seconded by Kari Gabriel. Councilor Guiffrida began discussion on the amendment to the motion. Councilor Atkinson asked questions of staff. Planning Director Tom Jentz answered questions from Council. Kalispell City Council Minutes November 2, 2015 Page 4 Mr. McArthur answered a question from Council. Councilor Atkinson voiced concerns on behalf of a neighbor of the site. Councilor Saverud said he is no longer an employee or board member of Immanuel Lutheran. The amendment to the motion carried unanimously upon vote. The motion as amended carried unanimously upon vote. 2. Ordinance 1763 - Zoning Text Amendment for Parking - Kalispell Center Mall This Ordinance amends Section 27.24.040(6) b.3. Special Parking Maintenance District 2, of the Kalispell Zoning Ordinance. Mall Planner Jarod Nygren provided the staff presentation on this item. Councilor Kluesner began questions for staff. Councilor Atkinson continued questions for staff. Public Comment Mayor Johnson opened public comment Judy Cox, Public Comment Ms. Cox of 501 4th Avenue East asked how this project will affect the Core Area Plan. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Phil Guiffrida moved to approve an Ordinance amending the Kalispell Zoning Ordinance (No. 1677), by amending section 27.24.040(6) b.3., Special Parking Maintenance District No. 2, and declaring an effective date. The motion was seconded by Tim Kluesner. Councilor Guiffrida began discussion on the motion. The motion carried unanimously upon vote. Kalispell City Council Minutes November 2, 2015 Page 5 3. Ordinance 1764 - Zoning Text Amendments - Casino This Ordinance amends Section 27.34.040 related to Casinos within the Kalispell Zoning Ordinance. City Manager Doug Russell introduced this item. Jarod Nygren provided the staff presentation on this item. Councilor Atkinson began questions of staff. Councilor Kluesner continued questions for staff. Councilor Kluesner continued questions for staff. Councilor Gabriel continued questions for staff. Councilor Kuntz continued questions for staff. Public Comment Mayor Johnson opened public comment. Margene Barry, Public Comment Mr. Barry of 919 2nd Avenue East asked questions. Mayre Flowers, Public Comment Ms. Flowers representing Citizens for a Better Flathead provided written comment. She expressed the opinion that the Council agenda should be released earlier. Ms. Flowers voiced support for option 1 as provided in her outline. Sherry Weyrman, Public Comment Ms. Weyrman of 77 Cloud Creek Road in Somers thanked the Council for their work and consideration on this issue. She spoke in opposition to casinos and said she supports boundaries where casinos can be placed. She is also opposed to accessory casinos. John Denaba, Public Comment Mr. Denaba of 670 Concord Lane spoke regarding the dangers of gambling addiction and the culture that goes with it. Kalispell City Council Minutes November 2, 2015 Page 6 Karlene Osorio-Khor, Public Comment Ms. Osorio-Khor said she would like to see boundaries regarding where a casino is allowed to open, as well as the 600 foot limit that has been discussed. Jackie Giesler, Public Comment Ms. Giesler said she would like casinos kept to a small area. Jenny LaSorte, Public Comment Ms. LaSorte of 275 Sulky Lane said she feels accessory casinos are just as bad as stand-alone casinos. She said she does not feel the amendments to the Ordinance have been stated clearly enough. She then spoke in opposition to gambling, and provided her thoughts about how casinos should be zoned. Roxeanne Brothers, Public Comment Ms. Brothers, 786 4th Avenue WN spoke in opposition to any casinos and provided details about her beliefs. Matthew Brake, Public Comment Mr. Brake of 729 6th Avenue West raised noticing concerns. He then asked the Council to restrict casinos as much as possible, and provided reasoning why. Sharon DeMeester, Public Comment Ms. DeMeester voiced opposition to casinos, support for a casino overlay zone and a 600 foot restriction. Paulene Shordal, Public Comment Ms. Shordal of 3rd Avenue West spoke in opposition to Casinos and the effects of gambling. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Phil Guiffrida moved to approve an Ordinance amending certain portions of the Kalispell Zoning Ordinance (No.1677) at section 27.34.040, Casinos, and declaring an effective date. The motion was seconded by Chad Graham. Mayor Johnson asked questions of staff. Mayor Johnson continued questions for staff. Kalispell City Council Minutes November 2, 2015 Page 7 Councilor Guiffrida began discussion on the motion. He also spoke regarding the extensive public process that this subject has gone through. Phil Guiffrida moved to amend Ordinance 1764, Exhibit A, Sections 1 and 2 adding the words, "Federal highway" after residential zones and add "or from the right-of-way of a federal highway." after the words property line to property line. The motion was seconded by Chad Graham. Councilor Atkinson asked questions regarding minor accessory casinos. Councilor Guiffrida continued discussion on the amendment to the motion. Councilor Kluesner asked a question regarding the amendment to the motion. Councilor Guiffrida continued discussion on the amendment to the motion. Councilor Atkinson continued discussion The amendment to the motion carried unanimously upon vote. Phil Guiffrida moved to amend Ordinance 1764, Exhibit A, Section 5 by striking the entire Para -graph. The amendment to the motion was seconded by Jim Atkinson. Councilor Guiffrida provided discussion on the 2nd amendment to the main motion. Councilor Atkinson and Guiffrida continued discussion on the amendment to the motion. The second amendment to the motion carried unanimously upon vote. Phil Guiffrida moved to amend Ordinance 1764, Exhibit A adding a new section 3 to state, "All casinos, other than those considered to be a minor accessory use to a primary use, shall be allowed only in the Kalispell B-5 zones as a conditional use". The motion was seconded by Chad Graham. Councilor Guiffrida provided discussion on the 3rd amendment to the main motion. Councilor Carlson continued discussion on the amendment. Councilor Atkinson continued discussion on the amendment. Councilor Kluesner continued discussion on the amendment to the motion. Kalispell City Council Minutes November 2, 2015 Page 8 The third amendment to the motion carried unanimously upon vote. Councilor Atkinson provided discussion. Mayor Johnson continued discussion on the motion. The main motion as amended carried unanimously upon vote. 4. Resolution 5741 - Revised Fee Schedule - Planning Office This Resolution revises the fee schedule for the City Planning Office. Planning Fee Schedule Planning Director Tom Jentz provided the staff presentation on this item. Councilor Graham began questions for staff. Councilor Kluesner began discussion. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Jim Atkinson moved to approve Resolution 5741, a Resolution amending Resolution No. 5237 thereby revising the City of Kalispell Planning Office Fee Schedule and setting an effective date. The motion was seconded by Kari Gabriel. The motion carried unanimously upon vote. 5. Street Tree Committee Board Appointments This item appoints Tony Nelson and Terence Richmond to the Street Tree Committee. Street Tree Committee Wayne Saverud moved to approve appointment of Tony Nelson and Terence Richmond to the Street Tree Committee. The motion was seconded by Kari Gabriel. The motion carried unanimously upon vote. Kalispell City Council Minutes November 2, 2015 Page 9 F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action City Manager Doug Russell provided the following report: • Flathead County passed a Resolution of Intent to create an E-911 Special District. Notices have since gone out to property holders. Questions have arisen regarding the cities stance about current city taxes used for 911 services. The City Council passed a Resolution previously to stay revenue neutral regarding the 911 Special District so city residents would not be taxed twice for the 911 District. City Manager Russell confirmed with the Council that they are still in support of that stance. Council and staff discussed the importance of letting city residents know that. Mr. Russell explained how that will work. • The next work session on November 9, 2015 has been canceled. • Next regular council meeting: Impact Fees and clean up on Agreement with the City Manager. • An item to provide bonding assistance to Immanuel Lutheran may be coming to Council in the future. Staff is currently looking into the details of this. • Reminder: Election Day Tomorrow Councilor Gabriel clarified that we are not planning a meeting on the fifth Monday of the month. Councilor Atkinson spoke regarding the Ward 3 Town Hall Meeting. Councilor Kuntz spoke regarding a vision work session. Councilor Guiffrida spoke regarding having a joint meeting with FCEDA (Flathead County Economic Development Association). Mayor Johnson provided the following report: • During the next regular meeting, Mayor Johnson will consider three applicants for the two vacancies on the Impact Fee Advisory Committee. He also said if anyone else would still like to apply, they can do so through this week. • He received positive feedback from the Legislators who attended the recent work session forum. He spoke further regarding looking to Helena for leadership and how the state will need to look for creative ways to pay for infrastructure. • Mayor Johnson reported having conversations with Mr. Moyer from Northwest Drywall on behalf of FCEDA. • Mayor Johnson asked that the public talk with state legislators about changes to the casino regulations. Kalispell City Council Minutes November 2, 2015 Page 10 G. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:55 p.m. Aimev Brunckhorst, CMC City Clerk Minutes approved on: "%l ov,-VOdb,-,,- I (py 24 is Kalispell City Council Minutes November 2, 2015 Page 11