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03-07-16 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES MARCH 7, 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 7, 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, KARI GABRIEL, AND WAYNE SAVERUD WERE PRESENT. COUNCIL MEMBERS SANDY CARLSON AND TIM KLUESNER WERE ABSENT. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Public Works Director Susie Turner, Planning Director Tom Jentz, Senior Planner Jarod Nygren, and Police Chief Roger Nasset. A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Phil Guiffrida moved to approve the asienda as submitted. The motion was seconded by Kari Gabriel. The motion carried unanimously upon roll call vote with Sandy Carlson, and Tim Kluesner absent. E. CONSENT AGENDA 1. Council Minutes - Regular Meeting - February 16, 2016 02-16-16 mins Kalispell City Council Minutes March 7, 2016 Page 1 2. Recommendation of HDR as the Enp-ineerinp_ Consultant for a Stormwater Impact Fee Update This item would select HDR as the consultant to update the stormwater impact fee studies and report. HDR rec Councilor Graham would like to pull item 2 off the consent agenda and move it to action item 5. Jim Atkinson moved to approve consent item 1 and move consent item 2 to the last action item. The motion was seconded by Rod Kuntz. The motion carried unanimously upon roll call vote with Sandy Carlson, and Tim Kluesner absent. F. COMMITTEE REPORT - None. G. PUBLIC COMMENT Mayor Johnson opened public comment, seeing none he closed public comment. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Resolution 5753 - Resolution of Intent - Vacate a Portion of Mission Street as Petitioned by Immanuel Lutheran Corporation This Resolution would notify the public of the Council's intent to consider vacating a portion of Mission Street, set a public hearing on the matter for March 21, 2016, and order the required notifications. Res 5753 City Attorney Charles Harball provided the staff presentation on this item. Councilor Atkinson asked questions of staff. Public Comment Mayor Johnson opened public comment on action item 1. Seeing none, he closed public comment. Kalispell City Council Minutes March 7, 2016 Page 2 Wayne Saverud moved to approve Resolution 5753, a Resolution of Intent to abandon a portion of Mission Street adiacent to a portion of Lots 2 and 14 in Block 2 of Highland Park, calling for and fixing for a public hearing and directing the clerk to publish notice of this intent and hearing. The motion was seconded by Jim Atkinson. The motion carried unanimously upon roll call vote with Sandy Carlson, and Tim Kluesner absent. 2. Resolution 5754 - Complying with the Montana Board of Investments new requirements related to the Short Term Investment Pool (STIP) This Resolution would designate an authorized representative to handle STIP transactions, designate a bank and account, and designate whether earnings should be reinvested or distributed. Res 5754 City Manager Doug Russell provided a brief presentation on this item. Public Comment Mayor Johnson opened public comment, seeing none he closed public comment. Phil Guiffrida moved to approve Resolution 5754, Authorizing participation in the Board of Investments of the State of Montana Short Term Investment Pool (STIP)and authorizing the execution and delivery of documents related thereto. The motion was seconded by Kari Gabriel. The motion carried unanimously upon roll call vote with Sandy Carlson, Tim Kluesner absent. 3. Ordinance 1768 - First Reading - Zoning Text Amendment Creating the B-3 Zoning District for the Core Area This Ordinance would add a B-3 (Core Area - Business) Zoning District in an effort to begin implementing the Core Area Plan. Ord 1768 City Manager Doug Russell provided a brief introduction to this item. Senior Planner Jarod Nygren provided the staff presentation on this item. Kalispell City Council Minutes March 7, 2016 Page 3 Councilor Gabriel began questions for staff. Senior Planner Jarod Nygren spoke to Councilor Gabriel's question. Planning Director Tom Jentz provided further explanation. Councilor Guiffrida began questions for staff. Councilor Guiffrida posed a question on behalf of Councilor Kluesner. Councilor Atkinson asked questions of staff. Councilor Kuntz asked questions of staff. Planning Director Tom Jentz spoke regarding the process that the Planning Department would undertake to implement possible zoning changes if this Ordinance passes. Councilor Atkinson asked questions of staff. Public Comment Mayor Johnson opened public comment. Joe Unterreiner, Public Comment Mr. Unterreiner, CEO with the Kalispell Chamber spoke saying this zoning approach is outstanding for this urban renewal area, complementing staff and Council for a timely and appropriate job well done. He then spoke to adding micro -distilleries and wineries in Appendix B-3 with micro -breweries. He also referred to Appendix B-5 under the subheading "Revised Use Categories" saying the addition of "Technology" is good as this is just the type of space we want to be encouraging and is the space that businesses want to go into. He spoke further regarding the types of businesses that would be great to see in this area. Mr. Unterreiner then spoke to the section "Monument Manufacturing and Sales" saying an existing Chamber member would fall into this category and is a great multi -generational current business and stressed the desire to take care of existing businesses as well as attract new businesses to the area. Tom Rme, Public Comment Mr. Rygg spoke regarding his property which is the farthest eastern piece in the core area, and is a reasonably large piece of acreage. He feels this zoning does not take into account bigger acreage. He then spoke regarding 14 items that have been listed as prohibited or conditional under this zoning, saying he does not understand the reasoning used to make these specific items prohibited or conditional. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Jim Atkinson moved to approve first reading of Ordinance 1768, an Ordinance amending portions of text in the City of Kalispell Zoning Code specifically as it relates to the Land Kalispell City Council Minutes March 7, 2016 Page 4 Use Zone B-3, Creating a B-3 Core Area - Business Zoning District, authorizing the City Attorney to codify the same and establishing an effective date. The motion was seconded by Chad Graham. Kari Gabriel moved to amend the motion to include within 27.14a.020 Permitted Uses item 32, and Appendix B-3 to add "wineries", "distilleries" and "tasting rooms" to the text. The motion to amend was seconded by Phil Guiffrida. The motion to amend carried unanimously upon roll call vote with Sandy Carlson, and Tim Kluesner absent. Councilor Guiffrida provided discussion on the motion and spoke to the questions raised in public comment. Councilor Atkinson asked questions of staff. Councilor Kuntz provided discussion on the motion. Mayor Johnson provided discussion on the motion. Councilor Atkinson encouraged the public to take a look at this new zoning district and provide input. The main motion as amended carried unanimously upon roll call vote with Sandy Carlson, and Tim Kluesner absent. 4. Ordinance 1769 - First Reading - Zone Change from B-2 ((-' eneral Business) to B-3 (Core Area - Business) West Half of Block 16 Lots 13-24 (Moose's Saloon property) 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. `This item will only be considered if action item 3, Ordinance 1768 passes. Ord 1769 Senior Planner Jarod Nygren provided the staff report for this item. Councilor Guiffrida began questions for staff. Planning Director Tom Jentz answered questions from staff. Councilor Guiffrida spoke regarding the timing of this item. Planning Director Tom Jentz spoke to why this was brought forward so quickly. Kalispell City Council Minutes March 7, 2016 Page 5 Public Comment Mayor Johnson opened public comment on this item. Joe Unterreinner, Public Comment Mr. Unterreiner, CEO of the Kalispell Chamber of Commerce spoke in support of this Ordinance saying this is a great test case. Public Comment Closed Seeing no other comment, Mayor Johnson closed public comment on this item. Jim Atkinson moved to approve the first reading of Ordinance 1769, an Ordinance to amend Section 27.02.010, official Zoning Map, City of Kalispell Zoning 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 Atkinson spoke to the motion. Councilor Guiffrida provided discussion on the motion. Mayor Johnson continued discussion on the motion. Senior Planner Tom Jentz spoke to the questions brought by Council. Councilor Kuntz provided discussion on the motion. Councilor Guiffrida provided further discussion on the motion. Phil Guiffrida moved to table Ordinance 1769. The motion to table died for lack of a second. The main motion carried upon vote with Jim Atkinson, Kari Gabriel, Mark Johnson, Rod Kuntz, and Wayne Saverud voting in favor, Chad Graham, and Phil Guiffrida voting against, and Sandy Carlson and Tim Kluesner absent. The following item was moved from consent item 2 to action item 5. 5. Recommendation of HDR as the Engineering Consultant for a Stormwater Impact Fee Update City Manager Doug Russell provided a staff presentation on this item. Public Works Director Susie Turner continued the presentation on this item. Kalispell City Council Minutes March 7, 2016 Page 6 Public Comment Mayor Johnson opened public comment on this item. Seeing none, he closed public comment. Jim Atkinson moved to approve a recommendation that Council accept HDR as the en2ineerint! consultant for the stormwater impact fee update. The motion was seconded by Phil Guiffrida. Councilor Guiffrida provided discussion on the motion. Councilor Graham provided discussion on the motion. Councilor Kuntz provided discussion on the motion. Mayor Johnson provided discussion on the motion. Councilor Atkinson provided discussion on the motion. Councilor Graham provided further discussion on the motion. Public Works Director Susie Turner provided explanation on the questions brought forward during discussion. Councilor Graham continued questions. Councilor Guiffrida continued discussion. Mayor Johnson provided further discussion on the motion. Councilor Graham provided further discussion on the motion. Councilor Kuntz continued discussion on the motion. Councilor Gabriel continued discussion on the motion. Mayor Johnson continued discussion on the motion. Councilor Atkinson provided discussion on the motion. Councilor Guiffrida continued discussion. Councilor Graham provided further discussion on the motion. Councilor Saverud asked staff a question regarding the cost of the study. Councilor Graham asked questions for staff regarding the timeline for the report. The motion carried unanimously upon roll call vote with Sandy Carlson, and Tim Kluesner absent. 1. CITY MANAGER, COUNCIL AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following staff report: • This Thursday the Revenue and Transportation Interim Committee is Meeting in Helena. One of their titles for soliciting comments for the committee meeting was titled "abuses of TIF projects across the state". Mr. Russell reported he will be attending to relay the successes of the TIF projects that have occurred in the city of Kalispell including the West Side TIF. Kalispell City Council Minutes March 7, 2016 Page 7 • Mr. Russell will also be attending a meeting that morning regarding Local Government Revenue Sources. • Next work session on the 14th: RPA will provide travel modeling and traffic pattern possibilities regarding the Courthouse couplet. RPA will then provide the presentation to the County on Tuesday morning, and will schedule further public meetings after that. • Also on the March 14 work session: "Discussion whether City Council support joining with the City of Whitefish in requesting the Montana League of Cities and Towns file an Amicus brief concerning a law suit barring Flathead County from instituting the B-2HG zoning classification". Planning Director Tom Jentz provided further explanation regarding the second item on the March 14 work session agenda. Councilor Guiffrida and Councilor Kluesner provided a report regarding the last Town Hall meeting and then asked questions regarding the 50150 sidewalk plan. Councilor Atkinson spoke to the public saying this Council is interested in saving the taxpayer money while meeting city service needs. He then spoke saying Impact Fees is one way, but they are expensive. He then spoke regarding Local Options Tax, saying that the City of Whitefish has been able to reduce homeowners' property taxes by using local options tax. The City of Kalispell cannot utilize a local options tax as it is blocked by State Legislation for a city this size. The City would like to use local options tax to help reduce city taxes while preserving city services, and City Council and staff will continue to advocate on behalf of the residents of Kalispell for a local options tax that the City could utilize. Mayor Johnson provided the following report: • Thank you to the Planning Department for bringing efficiency to government • March 9: Mayor Johnson will be attending a meeting of the 911 committee. He asked the City Manager for clarification about details in the minutes of the last 911 Committee meeting. City Manager Doug Russell provided clarification regarding meetings of the 911 Funding Committee. Mayor Johnson spoke regarding the comments that were made regarding impact fees and local options sales tax and spoke regarding his views and concerns on these issues. Kalispell City Council Minutes March 7, 2016 Page 8 J. ADJOURNMENT Seeing no further business, Mayor Johnson adjourned the meeting at 8:54 p.m. / -�5'Lvn. Aim e Brunckhorst, CMC City Clerk Minutes approved on: -5-'MC"rCj'-j Z ( 2 O / (P Kalispell City Council Minutes March 7, 2016 Page 9