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03-21-16 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES MARCH 21, 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, MARCH 21, 2016, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, SANDY CARLSON, CHAD GRAHAM, KARI GABRIEL, PHIL GUIFFRIDA, TIM KLUESNER, AND ROD KUNTZ, WERE PRESENT. COUNCIL MEMBER WAYNE SAVERUD WAS ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Police Chief Roger Nasset, and Community and Economic Development Manager Katharine Thompson. A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Jim Atkinson moved to approve the agenda as submitted. The motion was seconded by Sandy Carlson. The motion carried unanimously upon roll call vote with Wayne Saverud absent. E. CONSENT AGENDA 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 March 21, 2016 Page 1 1. Council Minutes - Regular Meeting - March 7, 2016 03-07-16 Minutes Kidsports Grant 3. Ordinance 1768 - Second Reading - Zoning Text Amendment Creating the B-3 Zoning District for the Core Area This Ordinance would define a B-3 (Core Area - Business) Zoning District in an effort to begin implementing the Core Area Plan. Tim Kluesner moved to approve the consent agenda with the amendment to move item 2 to item 5 under the Reports and Recommendations portion of the meeting. The motion was seconded by Rod Kuntz. The motion carried unanimously upon roll call vote with Wayne Saverud absent. F. COMMITTEE REPORT None. G. 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 the proper manner of addressing the council. Please limit comments to three minutes. Valerie Vitilitch, Public Comment Ms. Vitilich says she has been victimized within the community, and when she did an investigation herself and found the perpetrator the police were not able to place the person in jail even though the perpetrator had a warrant because the jail is full. Ms. Vitilich voiced her frustration and concern about this situation. Public Comment Closed Seeing no further comment, Mayor Johnson closed public comment. H. PUBLIC HEARING - Vacating a portion of Mission Street Kalispell City Council Minutes March 21, 2016 Page 2 The Mayor opened the public hearing and asked for public comment concerning the vacation of a portion of Mission Street. Jason Cronk, Public Comment Mr. Cronk, Chief Executive Officer with Immanuel Lutheran spoke in favor of the street vacation. Public Hearing Closed Hearing no further public comment, Mayor Johnson closed the public hearing. I. 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 the proper manner of addressing the council. Please limit comments to three minutes. 1. Resolution 5755 - Vacate a Portion of Mission Street Res. 5755 Vacate Portion of Mission Street This Resolution would vacate a portion of Mission Street as petitioned by Immanuel Lutheran Corporation. City Attorney Charles Harball provided a brief presentation on this item. Public Comment Mayor Johnson opened public comment on this item. Seeing none, he closed public comment. Chad Graham moved to approve Resolution 5755, a Resolution to abandon Mission Street, located in Block 2 of Highland Park adjacent to a portion of lots 2 and 14. The motion was seconded by Jim Atkinson. The motion carried unanimously upon roll call vote with Wayne Saverud absent. 2. Ordinance 1769 - Second Reading - Zone Change from B-2 (General Business) to B-3 (Core Area - Business) West Half of Block 16 Lots 13-24 (Moose's Saloon property) Creating B-3 Zone This Ordinance would amend the zoning map from B-2 (General Business) to B-3 (Core Area - Business) on a rectangular area at the southeast corner of the intersection of U.S. Hwy 93 / Main Street and U.S. 2 / Idaho Street. Kalispell City Council Minutes March 21, 2016 Page 3 City Manager Doug Russell provided an introduction to this item. Senior Planner Jarod Nygren spoke regarding the zoning area that would be amended if this Ordinance is passed, and provided a brief description of what the B-3 zone entails. Councilor Guiffrida began questions for staff. Councilor Kluesner began questions for staff. Planning Director Tom Jentz spoke to the question posed by Councilor Kluesner. Councilor Graham began questions for staff. City Attorney Charles Harball spoke to the questions posed by Councilor Graham. Councilor Atkinson continued questions for staff. Councilor Kluesner continued questions for staff. Public Comment Mayor Johnson opened public comment on this item. Greg Edwards, Public Comment Mr. Edwards spoke to the benefits of the business he plans to put on the property in question if the zoning change passes tonight. Public Comment Seeing no further public comment, Mayor Johnson closed public comment. Jim Atkinson moved to approve an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance, (Ordinance no. 1677), by zoning certain real property more particularly described as the west half of block 16, lots 13-24 and the adiacent public right-of-ways to the centerline of Kalispell original townsite, in section 8, township 28 north, range 21 west, P.M.M., Flathead County, Montana, currently zoned city b-2 (general business), to city b-3 (core area - business) in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded by Rod Kuntz. Councilor Guiffrida provided discussion on the motion. Councilor Atkinson provided discussion on the motion. Councilor Kuntz provided discussion on the motion. Mayor Johnson provided discussion on the motion. The motion carried upon vote with Jim Atkinson, Sandy Carlson, Kari Gabriel, Mark Johnson, Tim Kluesner, Rod Kuntz voting in favor, Chad Graham, Phil Guiffrida voting against, and Wayne Saverud absent. Kalispell City Council Minutes March 21, 2016 Page 4 3. Final Plat - Glacier Village Greens Subdivision Phase 22C This request from Sands Surveying Inc. on behalf of Go Development, LLC would grant final plat approval for a 14-lot townhouse subdivision. Senior Planner Jarod Nygren provided a staff presentation on this item. Councilor Kuntz began questions for staff. Councilor Atkinson asked the applicant a question. Public Comment Mayor Johnson opened public comment. Seeing no public comment, Mayor Johnson closed public comment. Jim Atkinson moved to approve the Final Plat for Glacier Village Greens Subdivision Phase 22C. The motion was seconded by Tim Kluesner. The motion carried unanimously upon roll call vote with Wayne Saverud absent. 1. Resolution 5756 - Final Plat - Meadows at Four Mile - two lot Subdivision Meadows Final Plat This Resolution would grant final plat approval for a two lot subdivision as requested by Sands Surveying on behalf of Soul of the Valley, LLC. Senior Planner Jarod Nygren provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Marvin Galts, Public Comment Mr. Galts, President of Westcraft Homes said he is working on purchasing this property once all the related issues have been dealt with. He then spoke to an issue that has become a problem for him regarding the size of the current water and sewer lines, changes to the plans, and related design standard compliance issues. He asked that the Council look into finding a way to resolve this issue. Councilor Kluesner and Mayor Johnson asked the applicant questions about his utility line issue. Kalispell City Council Minutes March 21, 2016 Page 5 Brett Walcheck, Public Comment Mr. Walcheck of 48 North Engineering spoke to a question raised by Council regarding approval of the Department of Environmental Quality. Planning Director Tom Jentz spoke to questions posed by Council. Phil Guiffrida moved to approve Resolution 5756, a Resolution approving the Final Plat for the Meadows at Four Mile Subdivision, described as being in Government Lot 2 of Section 1, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded by Rod Kuntz. Councilor Guiffrida began discussion on the motion. Mayor Johnson provided discussion on the motion. The motion carried unanimously upon roll call vote with Wayne Saverud absent. 2. Acceptance of Youth Recreational Facility Grant Award from the Montana Department of Commerce for infrastructure improvements at Kidsports Kidsports Grant City Manager Doug Russell provided an introduction on this item. Councilor Kluesner spoke to this item explaining why he pulled it off the consent agenda. Councilor Guiffrida asked staff questions on this item. Community and Economic Development Manager Katharine Thompson answered questions posed regarding funds and what the grant would actually pay for. Councilor Guiffrida continued questions for staff. Councilor Guiffrida pointed to exhibit A and exhibit B to answer questions regarding the timeline and items included. Councilor Kluesner continued questions for staff. Public Comment Mayor Johnson opened public comment. Dan Johns, Public Comment Mr. Johns, President of Kidssports since 1996, spoke to the grant application and provided an update on what Kidssports is planning. He also explained the economic benefit that Kidsports brings to the community. Kalispell City Council Minutes March 21, 2016 Page 6 Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Phil Guiffrida moved to approve Acceptance of Youth Recreational Facility Grant Award from the Montana Department of Commerce for infrastructure improvements at Kidsports. The motion was seconded by Chad Graham. Mayor Johnson provided discussion on the motion. The motion carried unanimously upon roll call vote with Wayne Saverud absent. J. CITY MANAGER, MAYOR, COUNCIL REPORTS (No Action) City Manager Doug Russell provided the following report: 0 Next week's work session has been cancelled, but the Council are invited to a demonstration of the Active Shooter Police Simulator instead of the work session March 28, at 7 p.m. • The April 11, 2016 Work Session will potentially include looking at o details regarding a Resolution to create zoning policy in the core area; and o Discussion with Public Works regarding design standards; and o West Side Interceptor Update Councilor Kuntz and Councilor Atkinson announced their monthly Ward III Town Hall meeting on April 6, at 7 p.m. and said they may set some agenda items to encourage attendance. Councilor Guiffrida announced the Ward IV meeting at 7 p.m. on March 30, 2016. Mayor Johnson addressed the public comment that was received earlier regarding the lack of space in the County jail, saying the County Commission has been talking about this problem for some time. He understands the Judges are very frustrated as well and want to examine solutions such as alternate sentencing methods. K. ADJOLiRNMENT Seeing no further business Mayor Johnson adiourned the meeting at 8:34 p.m. Ai e Brunckhorst, CMC City Clerk Minutes approved on: Kalispell City Council Minutes March 21, 2016 Page 7