11-16-15 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES
NOVEMBER 16, 2015
View the minutes attached to the video of the meeting at:
http://www.kalispell.com/mayor_ and city_ council/meeting_s.php or by clicking the links below.
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., NOVEMBER 16, 2015, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA.
Mayor Mark Johnson presided.
Councilors Atkinson, Carlson, Gabriel, Graham, Guiffrida, Kluesner, Kuntz, Saverud, and
Mayor Johnson were present.
Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee
Brunckhorst, Planning Director Tom Jentz, Public Works Director Susie Turner, Public Works
Budget Resource Manager Terri Loudermilk, Fire Chief Dave Dedman, and Police
Administrative Captain Wade Rademacher.
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
Kari 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 froin the Consent Agenda by
motion.
1. Council Minutes - Regular Meeting - November 2, 2015
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11-02-15 Council Minutes
2. Ordinance 1763 - Second Reading - Zoning Text Amendment for Parking -
Kalispell Center Mall
This Ordinance amends Section 27.24.040(6) b.3 of the Kalispell Zoning Ordinance related to
Special Parking Maintenance District No. 2.
Mall Zoning Amendments
3. Ordinance 1764 - Second Reading - Zoning Text Amendments - Casinos
This Ordinance amends Section 27.34.040 of the Kalispell Zoning Ordinance related to casinos.
Casino Zoning Amendments
4. Acceptance of FY2015 Operation Stonegarden Grant for $120,000.00
Acceptance of this grant will allow enhanced cooperation between law enforcement agencies in
the joint mission to secure United States' land borders.
Stonegarden Grant
5. Small Business Saturday Mayoral Proclamation
This proclaims November 28, 2015 Small Business Saturday and urges the residents of our
community to support small businesses and merchants.
Small Business Saturday Proclamation
Mayor Johnson read the Small Business Saturday Mayoral Proclamation aloud.
Chad Graham moved to approve the approval of the consent agenda as published. The
motion was seconded by Sandy Carlson.
The motion carried unanimously upon vote.
C. COMMITTEE REPORT
None.
D. PUBLIC COMMENT
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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.
Mayor Johnson opened public comment.
John Hinchey, Public Comment
Mr. Hinchey of 5334 4th Avenue East spoke with concerns regarding the time frame and the
severance pay included in the addendum to the City Manager's Employment Agreement that is
on the action agenda this evening.
Seeing no further public comment, Mayor Johnson closed public comment.
E. PUBLIC HEARING - Water and Sewer Regulations
Council will accept comments concerning amendments to the water and sewer regulations and
changing utility billing to monthly.
Mayor Johnson opened the public hearing. Seeing no comments, he closed the public hearing.
F. 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. Resolution 5742 - Adopting Water & Sewer Regulations
This Resolution amends water and sewer regulations and changes utility billing to monthly.
Water and Sewer Regulations
City Manager Doug Russell introduced this item.
Councilor Kuntz began questions for staff.
Councilor Atkinson continued questions for staff.
Councilor Kluesner continued questions for staff.
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Public Comment
Mayor Johnson opened public comment.
Steve Franks, Public Comment
Mr. Franks of 909 2nd Avenue East spoke in favor of the resolution.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
Councilor Kluesner provided discussion on the motion.
Councilor Atkinson provided discussion on the motion.
Councilor Kuntz provided discussion on the motion.
Councilor Guiffrida continued discussion on the motion.
Counselor Kluesner asked questions of staff.
Kari Gabriel moved to approve Resolution 5742 to adopt certain amendments to the City
of Kalispell Water and Sanitary Sewer utility regulation including the conversion to a
monthly billing cycle and declaring an effective date. The motion was seconded by Sandy
Carlson.
The motion carried upon vote with Sandy Carlson, Kari Gabriel, Chad Graham, Phil
Guiffrida, Mark Johnson, Tim Kluesner, Rod Kuntz, Wayne Saverud voting in favor, and
Jim Atkinson voting against.
2. Resolution 5743 - Resolution of Intent and Call for Public Hearing - Police and
Fire Impact Fees
This Resolution sets a public hearing for December 7 on the City's intent to adjust police and fire
impact fees.
Police and Fire Impact Fees
City Manager Doug Russell provided an introduction to this item.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Jim Atkinson moved to approve Resolution 5743, a Resolution of Intent to amend the
Impact fees for City of Kalispell Police and Fire Services pursuant to MCA 7-6-1601
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through 7-6-1604, setting a public hearing and directing the City Clerk to provide notice
therefore. The motion was seconded by Tim Kluesner. •••_..,.,,
Councilor Guiffrida provided discussion on this motion.
The motion carried unanimously upon vote.
3. Ordinance 1765 - First Reading - Extension of Glacier Town Center PUD
This Ordinance approves a request by Stillwater Corporation to extend the Planned Unit
Development approval for Glacier Town Center for one year.
Extension of Glacier Town Center PUD
Planning Director Tom Jentz provided the presentation on this item.
Councilor Kluesner began questions for staff.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Wayne Saverud moved to approve the first reading of Ordinance 1765, authorizing and
adopting an extension to the amendment to the Glacier Town Center Planned Unit
Development Agreement. The motion was seconded by Jim Atkinson.
The motion carried unanimously upon vote.
4. Addendum #1 to the City Manager Employment Agreement
This addendum amends sections 1 and 10 of the current employment agreement with the City
Manager.
Addendum to CitManager Agreement
City Manager Doug Russell provided the report on this item.
Councilor Guiffrida began questions for the City Attorney.
Councilor Atkinson continued questions for staff.
Councilor Guiffrida continued questions for staff.
Councilor Saverud continued questions for staff.
Councilor Graham continued questions for staff.
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Councilor Kuntz continued questions for staff.
Councilor Atkinson continued questions for staff.
Councilor Guiffrida continued questions for staff.
Public Comment
Mayor Johnson opened public comment.
Tom RvQjz, Public Comment
Mr. Rygg spoke in opposition of the process used for the City Manager evaluation and the way
this agreement was brought to the Council. He also feels the public should have access to the
evaluation criteria used to evaluate the City Manager.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
Phil Guiffrida moved to approve Addendum #1 amending section 1 and 10 of the current
employment agreement with the City Manager. The motion was seconded by Rod Kuntz.
Jim Atkinson moved to table this motion to the last meeting in December. The motion was
seconded by Wayne Saverud.
The Council discussed the table to motion.
The motion to table failed upon vote with Jim Atkinson, Sandy Carlson, Wayne Saverud
voting in favor, and Kari Gabriel, Chad Graham, Phil Guiffrida, Mark Johnson, Tim
Kluesner, and Rod Kuntz voting against.
Councilor Guiffrida began discussion on the original motion.
Councilor Graham continued discussion on the motion.
Councilor Gabriel continued discussion on the motion.
Councilor Carlson continued discussion on the motion.
Counselor Kuntz continued discussion on the motion.
Councilor Kluesner continued discussion on the motion.
Mayor Johnson provided discussion on the motion.
The main motion carried unanimously upon vote.
5. Impact Fee Advisory Committee Appointments
This item considers the appointment of two applicants to this Committee.
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Mayor Johnson appointed Blake Robinson and Nancy Cunningham to the Impact Fee Advisory
Committee.
Councilor Gabriel disclosed that Ms. Cunningham is a member of her Flathead Care Board and a
friend.
Councilor Kuntz said he has dealt with Ms. Cunningham in a business transaction.
Councilor Atkinson said he does not feel that either disclosure is relevant.
Councilor Graham said he has had dealings with Mr. Robinson in his position at Glacier Bank.
Councilor Atkinson said he does not feel any of the disclosures provided will make a difference
in the vote.
Jim Atkinson moved to affirm the Mayor's appointments (of Blake Robinson and Nancy
Cunningham) to the Impact Fee Advisory Committee. The motion was seconded by Rod
Kuntz.
The motion carried unanimously upon vote.
G. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action)
City Manager Doug Russell provided the following report:
• The South Kalispell Urban Renewal Plan draft was sent back to CTA for some final edits.
When that is finished, it will go before the Urban Renewal Board.
• Next Work Session: Growth Policy
• The Council will not meet November 30, as it is a fifth Monday of the month.
• Work session December 14th - FCEDA joint meeting
Councilor Kuntz would like a work session on the East Side one way Avenues.
City Manager Russell said he could place that on the next work session agenda with the growth
policy.
Councilor Kuntz spoke regarding the town hall meeting hosted by Ward 3 saying it was very
productive. He thanked Councilor Guiffrida for his participation.
Councilor Kluesner spoke regarding having a Ward 4 Town Hall Meeting.
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Councilor Atkinson congratulated the Councilors that were re-elected to the Council.
Mayor Johnson provided the following report:
• November 18, Wednesday is the 911 Board Meeting. Mayor Johnson asked for a
replacement attendee.
City Manager Russell spoke regarding adding a visioning discussion to the December 14, 2015
work session.
H. ADJOURNMENT
Seeing no further business, Mayor Johnson adjourned the meeting at 8:34 p.m.
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Minutes approved on: C .e M►� V' 20l S � °•,,Mot4�tP�.�'` ®`
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