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04-18-16 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES APRIL 18, 2016 View the minutes attached to the video of the meeting at: http://www.kalispell.com/mayor and city council/meetin2s.php or by clicking the links below. A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, APRIL 18, 2016, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. A. CALL TO ORDER B. ROLL CALL MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS JIM ATKINSON, SANDY CARLSON, KARI GABRIEL, CHAD GRAHAM, PHIL GUIFFRIDA, TIM KLUESNER, ROD KUNTZ, 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, Chief of Police Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Phil Guiffrida moved to approve the agenda as submitted. The motion was seconded by Kari Gabriel. The motion carried unanimously upon vote. E. CONSENT AGENDA 1. Council Minutes - Regular Meeting - April 4, 20t6 04-04-16 minutes 2. Award Bid for the 2nd Avenue East Water Distribution Improvement Project Kalispell City Council Minutes April 18, 2016 Page 1 2nd Ave E Water This item would award Sandry Construction a capital improvement project replacing water main within 2nd Avenue East and adding new water main within 14th Street East. 3. Award Bid for the 2nd Alley WN Sanitary Sewer Replacement Project 2nd Alley WN Sewer This item would award Sandry Construction a capital improvement project replacing four blocks of sewer beginning at Montana Street, and terminating at California Street. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Chad Graham moved to approve the consent agenda as submitted. The motion was seconded by Jim Atkinson. The motion carried unanimously upon vote. F. COMMITTEE REPORT - Street Tree Committee - Arbor Day Proclamation Proclamation Andrea Davidson, Street Tree Committee Member Ms. Davidson spoke on behalf of the Street Tree Committee talking about the achievements of the Committee and the urban forestry department on behalf of the community. Ms. Davidson also said that the Committee is committed to achieving the goal that the urban forest will be pruned every five years. Right now, that maintenance schedule is much longer. Board members then presented the Mayor with the Street City USA Flag. Bette Albright, Street Tree Committee Member Ms. Albright, a longtime member of the Street Tree Committee read the Arbor Day Proclamation aloud. Mayor Johnson thanked the Street Tree Committee members for all of their efforts. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none, he closed public comment. H. PUBLIC HEARING - Adoption of a Glacier Rail Park Development Plan and Kalispell City Council Minutes April 18, 2016 Page 2 Establishment of a Targeted Economic Development District (TEDD) on 49 acres within the Plan Area Council will accept comments concerning the adoption of a plan for the Glacier Rail Park Development area and concerning the establishment of a Targeted Economic Development District within a 49 acre defined boundary. Mayor Johnson opened the public hearing. Tom By,-,-, Public Comment Mr. Rygg feels the City should separate the Glacier Rail Park Development Plan from the Targeted Economic Development District per his interpretation of Montana Code Annotated. He spoke in detail about why he feels that way. Public Hearing Closed Seeing no further public comment, Mayor Johnson closed the public hearing. I. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Ordinance 1770 - First Reading - Adopting the Glacier Rail Park Development Plan and establishing a Targeted Economic Development District (TEDD) within the plan area Ord 1770 This Ordinance would adopt the Glacier Rail Park Development Plan and establish a Targeted Economic Development District within the plan area. This is the first reading of this Ordinance, and would require coming before the Council once more for final adoption. Passage would occur 30 days after the final reading. City Manager Doug Russell provided a brief introduction to this item. City Attorney Charles Harball spoke to the public comment received during the public hearing regarding combining the Plan and TEDD. Councilor Atkinson began questions for staff. City Attorney Charles Harball responded to questions posed by Council. Councilor Guiffrida continued questions for staff. Councilor Kluesner continued questions for staff. Mayor Mark Johnson continued questions regarding the public comment received during the hearing. Kalispell City Council Minutes April 18, 2016 Page 3 Public Comment Mayor Johnson opened public comment on this item. Seeing none he closed public comment. Jim Atkinson moved to approve Ordinance 1770, Adopting the Glacier Rail Park Development Plan as a comprehensive development plan and establishing a Targeted Economic Development District (TEDD) in the City of Kalispell, Montana to be known as the Glacier Rail Park TEDD within the Glacier Rail Park Development Plan area for the purpose of developing necessary Infrastructure within such defined area of the City to encourage the location and development of value -adding industries; establishing the costs which may be paid by the District created by this Ordinance; establishing the boundaries of the Glacier Rail Park TEDD; and establishing January 1, 2016 as the base taxable year for the Glacier Rail Park Targeted Economic Development District. The motion was seconded by Kari Gabriel. Councilor Guiffrida provided discussion on the motion relaying the steps that were taken to get to this point, and the importance of this entire project to the overall community. Mayor Johnson provided discussion on the motion speaking to the references to Municipal Code and the timing issue brought up. The motion carried unanimously upon vote. 2. Resolution 5758 - Revising the Personnel Policy Handbook Res 5758 This Resolution would revise Section 30-1, and Section 60-5, of the City of Kalispell Personnel Policy Handbook. This item was tabled during the April 4, 2016 Council Meeting. City Manager Doug Russell provided a presentation on this item. Terry Mitton, Human Resources Director provided further detail on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Phil Guiffrida moved to remove from the table Resolution 5758, Revising Resolution 5716, amending the City of Kalispell Personnel Policies Handbook by revising Section 30-1 Types Kalispell City Council Minutes April 18, 2016 Page 4 of Employment and Eligibility for Benefits, and Section 60-5, Leave of Absence Without Pay. The motion was seconded by Kari Gabriel. The motion carried unanimously upon vote. 3. Resolution 5759, Setting Forth the Practice for Amending Existing Kalispell Citv Zoning Designations within the Kalispell Core Area to Core Area - Business Zoning District B3 Res 5759 This Resolution would set forth the practice for amending existing Kalispell city zoning designations within the Kalispell core area to a Core Area - Business Zoning District B3. City Manager Doug Russell provided an introduction to this item. Councilor Atkinson began questions for staff. Planning Director Tom Jentz spoke to questions posed by Councilor Atkinson. Councilor Atkinson continued questions. Public Comment Tom Rv,-,-, Public Comment Mr. Rygg asked for clarification regarding the meanings of section 1 and section 3 in the proposed Resolution. City Attorney Charles Harball provided interpretation regarding the sections referenced by Mr. Rygg in public comment. Pam Carbonari, Public Comment Ms. Carbonari, with the Kalispell Downtown Business Association spoke in support of this Resolution and said she feels this plan will speed up infill within the core area. Wayne Saverud moved to approve Resolution 5759, Setting Forth the Practice for Amending Existing Kalispell City Zoning Designations within the Kalispell Core Area to Core Area - Business Zoning District B3. The motion was seconded by Jim Atkinson. The motion carried unanimously upon vote. General council discussion on the motion. Councilor Guiffrida spoke in favor of this resolution. Councilor Atkinson asked staff questions. Kalispell City Council Minutes April 18, 2016 Page 5 Planning Director Tom Jentz spoke to the question posed by Councilor Atkinson. Mayor Johnson provided discussion on the motion. 4. Alcohol Addendum with Special Event Permit for The Big Shindig Block Party Event on June 25, 2016 sponsored by Flathead Beverage Co. / Desoto Grill This item would allow for the sale and consumption of alcohol on June 25, 2016, at the 'Big Shindig Block Party Event" on 1st Street West, sponsored by Flathead Beverage Co. and the Desoto Grill. Big Shindig City Manager Doug Russell provided the staff report on this item. Councilor Kluesner continued questions for staff. Councilor Kuntz continued questions and discussion. Councilor Atkinson continued questions and discussion. Councilor Graham asked questions for staff. Councilor Kuntz asked a question of staff. Councilor Guiffrida asked questions of the applicant. Pam Carbonari, with the Kalispell Downtown Association spoke on behalf of the applicant answering questions posed by Council and talking to the benefits of this event. Councilor Guiffrida continued questions for the owner of DeSoto Grill. Councilor Kluesner continued questions for the applicant. Mayor Johnson asked a question of staff. Public Comment Mayor Johnson opened public comment. Pam Carbonari with the Kalispell Downtown Association spoke to the question posed by Councilor Kluesner. Derrick Skees Public Comment Mr. Skees of 119 Sinapah spoke in favor of the application asking whether Kalispell was open for business. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Kalispell City Council Minutes April 18, 2016 Page 6 Phil Guiffrida moved to approve the Alcohol Addendum that accompanies a Special Event Permit from Flathead Beverage and the Desoto Grill that would allow for the sale and consumption of alcohol on June 25, 2016 for a Block Party on First Street West. The motion was seconded by Chad Graham. Councilor Guiffrida began discussion on the motion. Councilor Atkinson provided discussion on the motion explaining why he is not in favor. Councilor Gabriel continued discussion on the motion saying why she will be voting in favor. Councilor Graham provided further discussion on the motion explaining why he will be voting in favor. Councilor Kuntz continued discussion on the motion explaining why he will be voting in favor. Councilor Kluesner continued discussion on the motion. Mayor Johnson continued discussion on the motion. Councilor Kluesner continued discussion. 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. 5. Alcohol Addendum with Special Event Permit for the Kalispell Housing Tour and Reception on May 23, 2016 sponsored by Montana Housing Partnership This item would allow for the sale and consumption of alcohol at the Kalispell Housing Tour and Reception event in Depot Park on May 23, 2016, sponsored by the Montana Housing Partnership. Housing Tour City Manager Doug Russell provided the staff presentation on this item. Councilor Atkinson continued questions for staff. Councilor Guiffrida continued questions for staff. Councilor Kluesner continued questions for staff. Councilor Kuntz continued questions for staff. Public Comment Mayor Johnson opened public comment on this item. Marney McCleary, Applicant Ms. McCleary, Housing Director for Community Action Partnership (CAP) explained plans for Kalispell City Council Minutes April 18, 2016 Page 7 the Montana State Housing Conference that is being co -hosted by CAP, the Montana Board of Housing, and Neighbor Works. Councilor Atkinson continued questions for the applicant. Pam Carbonari, Public Comment Ms. Carbonari with the Kalispell Downtown Association would ask the Council to vote favorably on this application. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Phil Guiffrida moved to approve the Alcohol Addendum that accompanied the Special Event Permit from the Montana Housing Partnership that would allow for the sale and consumption of alcohol May 23, 2016 at a reception in Depot Park. The motion was seconded by Chad Graham. Councilor Atkinson provided discussion on the motion. Counselor Guiffrida provided discussion on the motion. The motion carried unanimously upon vote. 6. Annual Appointments and Confirmations to Citizen Advisory Boards and Committees Board Appts The Council will consider for approval the recommendations of the Mayor for appointments to the various City Boards and Committees. Mayor Johnson appointed the following applicants to their respective boards, and asked Council for a favorable confirmation on the following appointment choices: Conrad Mansion Board: Everit Sliterpowntown Downtown BID: John Fetveit, Tim Price, Lee Kozlowski, and Eric Robbins Impact Fee Advisory Committee: Jason Muehler and Nancy Cunningham Parking Advisory Board: Janet Clark, Joel Schoknecht, Mark Pirrie Planning Board: Charles Pesola, Ronalee Skees and Chris Yorkes Police Commission: Bruce Freeman Downtown Tourism Business Improvement District: Vanessa Nordahl and Dawn Hendrickson Kalispell City Council Minutes April 18, 2016 Page 8 Wayne Saverud moved to approve the Mayors appointments to the Citizen Advisory Boards and Committees. The motion was seconded by Jim Atkinson. The motion carried unanimously upon vote. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following staff report: • Alcohol Addendum - Staff will take a look at what could be cleaned up in the Ordinance and subsequent application to address concerns raised. • The South Kalispell Urban Renewal Plan is still pending scheduling, as staff is waiting for a quorum of the Urban Renewal Board to discuss the plan first. • The Mayor, Counselor Gabriel, the City Manager, and the Community and Economic Development Manager are going to Washington DC tomorrow to meet with our Federal delegation and partners regarding transportation, rail, etc. Councilor Kluesner spoke regarding the devastating earthquakes that recently hit Japan - Montana's sister state. One of the cities that was devastated was Takamori, Japan which was a sister city to Kalispell in the past. 100,000 people have been displaced by this event. Councilor Kluesner also spoke regarding the importance of municipal emergency planning. Councilor Atkinson spoke regarding his memories of a visit from Takamori dignitaries in the 1990's. Mayor Mark Johnson provided the following report: • The Mayor and Councilor Guiffrida are working on setting up a candidate forum for Senate, House Districts, and County Commissioners that overlap Kalispell city limits. They will try to schedule that for the second week in May. • The Mayor provided a report regarding the recent 911 Board Meeting. Mayor Johnson spoke regarding the discussion that came up during approval of the alcohol addendums on tonight's action agenda. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:58 P.M. OLISiS MI kN ®. Ainlee Brunckhorst, CMC �7 T� City Clerk 1B92 Minutes approved on: M ca .2, Zo ap C3�1SP Kalispell City Council Minutes April 18, 2016 Page 9