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01-04-16 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES JANUARY 4, 2016 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, JANUARY 4, 2016 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, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Parks and Recreation Director Chad Fincher, Senior Engineer Keith Haskins, and Police Chief Roger Nasset. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Johnson congratulated Kari Gabriel with Ward I, Wayne Saverud with Ward II, Rod Kuntz with Ward III, and Phil Guiffrida with Ward IV for being re-elected to the Council for another term. He mentioned that they have all signed a new Oath of Office, and thanked them for serving. A. AGENDA APPROVAL Phil Guiffrida moved to approve the agenda as submitted. The motion was seconded by Tim Kluesner. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL Kalispell City Council Minutes January 4, 2016 Page 1 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 - December 21, 2015 12-21-15 Council Minutes 2. Acceptance of 2016 Urban and Community Forestry Sub Award Agreement Acceptance of this award would add $15,000 in additional funding for the urban forestry program. Forestry Award Phil Guiffrida moved to approve the consent agenda as submitted. The motion was seconded by Chad Graham. The motion carried unanimously upon vote. C. COMMITTEE REPORT None. D. 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. Mayor Johnson opened public comment. Seeing none, he 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. Resolution 5748 - Preliminary Plat - Owl View Subdivision Kalispell City Council Minutes January 4, 2016 Page 2 This Resolution would grant preliminary plat approval to Owl Corporation for a 3-lot major subdivision of 4.082 acres, within West View Estates. (awl View Jarod Nygren, Senior Planner presented the staff report for this item. Councilor Atkinson began questions for staff. Councilor Guiffrida continued questions for staff. Mayor Johnson continued questions for staff. Public Comment Mayor Johnson opened public comment. Eric Mulcahy, Public Comment Mr. Mulcahy with Sands Surveying spoke on behalf of the applicant Mark Owens. He answered questions raised by Council regarding utility easements and roads on the North of the property. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Jim Atkinson moved to approve Resolution 5748, A resolution conditionally approving the Preliminary Plat of Owl View Subdivision, described as the Southwest Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded by Chad Graham. Mayor Johnson provided discussion on the motion. Phil Guiffrida moved to amend the main motion by striking condition #7. The motion was seconded by Chad Graham. The amendment to the main motion carried unanimously upon vote. Mayor Johnson asked questions regarding utilities to the south. Mr. Mulcahy answered a question regarding the alley easements. The main motion as amended carried unanimously upon vote. 2. Resolution 5749 - Preliminary Plat - Silverbrook Estates Subdivision, Phase 2 Kalispell City Council Minutes January 4, 2016 Page 3 This Resolution would grant preliminary plat approval to Silvermont Properties LP for Phase 2 of Silverbrook Estates Development. Silverbrook Estates Jarod Nygren, Senior Planner provided the staff presentation on this item. Councilor Graham began questions for staff regarding the conditions. Councilor Guiffrida asked questions regarding condition 6. Councilor Guiffrida asked questions regarding condition 22. Councilor Kluesner continued questions for staff. Councilor Guiffrida asked questions regarding condition 37. Councilor Atkinson asked questions of staff. Councilor Kluesner asked questions regarding conditions 31 and 32. Councilor Guiffrida continued questions for staff. Councilor Graham continued questions regarding condition 32. Keith Haskins, Senior Engineer responded to questions posed by Council. Councilor Atkinson asked questions regarding property that has been set aside for a possible future fire station. Councilor Guiffrida continued questions. Mayor Johnson asked questions regarding condition 21, and confirmed that it should be referencing condition 20, instead of 16. Public Comment Mayor Johnson opened public comment. Howard Mann, Public Comment Mr. Mann of 670 McGregor Lane spoke regarding his understanding of the property set aside as a possible future fire station location. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Councilor Kluesner continued questions for staff. Jim Atkinson moved to approve Resolution 5749, a resolution conditionally approving the Preliminary Plat of Silverbrook Estates Subdivision, Phase 2, more particularly described as tract 3 and a portion of tracts 4 and 5 of certificate of survey 15896 located within the Northeast Quarter of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded by Wayne Saverud. Kalispell City Council Minutes January 4, 2016 Page 4 Chad Graham moved to amend Resolution 5749 by striking condition 32. The amendment to the motion was seconded by Phil Guiffrida. The Council discussed the amendment to the main motion to strike condition 32. Councilor Atkinson asked questions for staff. Councilor Kluesner continued discussion on the amendment to strike condition 32. Councilor Gabriel continued discussion on the amendment to the motion to strike condition 32. Councilor Guiffrida continued discussion on the amendment. Councilor Atkinson continued discussion on the amendment. The motion to amend by striking condition 32 carried upon vote with Sandy Carlson, Chad Graham, Phil Guiffrida, Mark Johnson, Tim Kluesner, Rod Kuntz voting in favor, and Jim Atkinson, Kari Gabriel, Wayne Saverud voting against. Chad Graham moved to amend the main motion by amending condition 22 by striking the language "shall be amended to include" and replace with "should consider". The motion was seconded by Phil Guiffrida. Council discussed the second amendment to the main motion concerning condition 22. The motion to amend condition 22 carried upon vote with Jim Atkinson, Sandy Carlson, Chad Graham, Phil Guiffrida, Mark Johnson, Tim Kluesner, Rod Kuntz voting in favor, and Kari Gabriel, Wayne Saverud voting against. Phil Guiffrida moved to amend the main motion by revising condition 21, striking the reference to condition 16 and replacing it with a reference to condition 20. The motion was seconded by Chad Graham. The motion to amend condition 21 carried unanimously upon vote. Phil Guiffrida moved to amend the main motion by striking condition 29 in its entirety. The motion was seconded by Chad Graham. Councilor Guiffrida provided discussion on the amendment to the motion to strike condition 29. The motion to amend the main motion by striking condition 29 carried unanimously upon vote. Phil Guiffrida moved to amend to strike condition 31 in its entirety. The motion was seconded by Tim Kluesner. Kalispell City Council Minutes January 4, 2016 Page 5 Councilor Guiffrida provided discussion on the amendment to strike condition 31. Councilor Atkinson continued discussion on the amendment to the motion to strike condition 31. City Attorney Charles Harball answered questions regarding the right to protest special improvement districts. Councilor Kuntz continued discussion on the amendment. Council discussion continued with staff answering questions intermittently. Mayor Johnson continued discussion on the amendment to strike condition 31. The motion to amend by striking condition 31 carried unanimously upon vote. Councilor Guiffrida provided discussion on the motion as fully amended. The main motion as amended carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) City Manager Doug Russell provided the following report: • The Growth Policy Sub -Committee meetings start tomorrow at 5:30 p.m. in the First Floor conference room at City Hall. • The work session for January 11, has been cancelled for lack of items. • Revising EMS (Emergency Medical Service) fees will be brought forth at the next regular meeting on January 19. Councilor Kluesner announced that he and Councilor Guiffrida would like to start holding Ward IV town hall meetings on the 4th Wednesdays of the month. Councilor Kluesner then announced that today was the first school day of the New Year, so students at Flathead High now need to park on the opposite side of the road if they have a parking pass. Many of the students received tickets for not responding to this change today. Councilor Atkinson reminded the public that Ward III will be holding their monthly town hall meeting this Wednesday the 6th at 7 p.m. in Council Chambers. Councilor Guiffrida spoke regarding the need for the public to be notified regarding what portion of the growth policy would be discussed at each work session. Kalispell City Council Minutes January 4, 2016 Page 6 Mayor Johnson provided the following report: • Mayor Johnson envisions the first meeting to work on the growth policy will concentrate on looking at the format, what should be included, whether chapters should be combined and what the future product will look like before they look at the existing content. • The County was unsuccessful in creating a special district for the 911 Center. Mayor Johnson said he would like council to have a work session to look at the funding of the 911 center, what the city contributes as a municipality and what county residents contribute, and review whether we are getting the value that we need, and review the agreement regarding the 911 Center. City Manager Doug Russell announced that there will be a 911 Board meeting next Wednesday, so he will have a report after that meeting and proceed accordingly. G. ADJOURNMENT Ainlee Brunckhorst, CMC®��`'� City Clerk ''0�iet�t�a9���ee0 Minutes approved on: �G�vt �� r C C Kalispell City Council Minutes January 4, 2016 Page 7