06-06-16 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES
JUNE 6, 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, JUNE 6, 2016, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA.
A. CALL TO ORDER
Mayor Johnson called the meeting to order at 7:00 p.m.
B. ROLL CALL
Jim Atkinson, Sandy Carlson, Kari Gabriel, Chad Graham, Phil Guiffrida, Mark Johnson,
Tim Kluesner, Rod Kuntz, and Wayne Saverud were present.
Also present: City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director
Tom Jentz, Senior Planner Jarod Nygren, Planner II P.J. Sorensen, and Police Chief Roger
Nasset.
C. PLEDGE OF ALLEGIANCE
D. AGENDA APPROVAL
Phil Guiffrida moved to approve the agenda as submitted. The motion was seconded by
Sandy Carlson.
The motion carried unanimously upon vote.
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.
1. Council Minutes - Regular Meeting - May 16, 2016
05-16-16 Draft Council Minutes
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Jim Atkinson moved to approve the consent agenda as submitted. The motion was
seconded by Wayne Saverud.
The motion carried unanimously upon vote.
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.
Mayor Johnson opened public comment.
Eileen Lowery, Public Comment
Ms. Lowery of 346 3rd Avenue East introduced herself as the Democratic candidate running
for County Commissioner District 2.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
H. PUBLIC HEARING - Community Development Block Public Facilities Grant
Application sponsorship for Flathead County for ADA improvements at the
Fairgrounds
Council will accept comments regarding submission of a grant application to the Montana
CDBG Public Facilities Program to assist in the partial funding of ADA compliant facilities at
the Flathead County Fairgrounds.
Public Hearin
Mayor Johnson opened the public hearing.
Mark Campbell, Public Comment
Mr. Campbell, the County Fairgrounds Manager thanked the Council and staff for their time
and consideration on this item. Mr. Campbell then read a letter into the record on behalf of Fair
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June 6, 2016
Page 2
Board chairman Stan Dunley that stated the boards support for this item, and explained why this
project is so necessary.
Keith Perry, Public Comment
Mr. Perry of 369 Labrant Road, spoke on behalf of the Rocky Mountain Elk Foundation offering
their support of this project and stating why they feel the fairgrounds are in need of these
improvements.
Bill Ozz, Public Comment
Mr. Ogg, the former general manager of the Montana Expo Park in Great Falls, spoke in support
of these fairground facility improvements and the grant application before the Council.
Michael Moffitt, Public Comment
Mr. Moffitt, of 125 Whitefish Hills Drive is a member of the Fair Board. He spoke in favor of
this grant application and provided an example of how this will benefit the community.
Ken Huff, Public Comment
Mr. Huff of 1032 Klondike Loop, Somers, explained he completed the PAR segment of the
application and spoke regarding the importance of this grant, and thanked everyone for their
support. He said the facilities under consideration are in bad shape.
Public Hearing Closed
Seeing 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 5761 - Authorizing an Application to the Montana Department of
Commerce for a Community Development Block Grant on behalf of Flathead
County for ADA improvements to the Fairgrounds
This Resolution would authorize submission of an application to the Montana Department of
Commerce for a Community Development Block Grant for ADA improvements at the Flathead
County Fairgrounds.
City Attorney Charles Harball provided the staff presentation on this item.
Councilor Atkinson began questions for staff.
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June 6, 2016
Page 3
Mayor Johnson continued questions for staff.
Mark Campbell answered questions regarding timing of this project if the grant application were
successful.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Wayne Saverud moved to approve Resolution 5761, Authorizing an Application by the city
of Kalispell to the Montana Department of Commerce for a Community Development
Block Grant Public Facilities Grant on behalf of Flathead County for the purposes of
partial funding for the construction of ADA compliant facilities at the Flathead
County Fairgrounds located in the City of Kalispell. The motion was seconded by Jim
Atkinson.
Councilor Guiffrida provided discussion on the motion.
The motion carried unanimously upon vote.
2. Conditional Use Permit - Ek Townhouses at 117 Northwest Lane
Approval of this permit would create a second lot at 117 Northwest Lane, and allow the
applicant to construct four townhomes on the new lot within this R-3 (Residential) Zoning
District.
Ek Townhouses CUP Materials
Senior Planner Jarod Nygren presented the staff report on this item.
Councilor Graham began questions for staff.
Mayor Johnson asked a question of staff.
Public Comment
Mayor Johnson opened public comment on this item.Seeing none, he closed public comment.
Phil Guiffrida moved to approve Conditional Use Permit KCU-16-02 with the six
conditions of approval. The motion was seconded by Tim Kluesner.
The motion carried unanimously upon vote.
3. Final Plat for Spring Prairie Development Four Subdivision - Phase 2
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This item would approve a final plat application and improvement agreement from TKG Spring
Prairie Development Four, LLC, for a13-lot commercial subdivision at the southwest corner of
Old Reserve Drive and U.S. Highway 93.
Spring Prairie Final Plat
Senior Planner Jarod Nygren provided the staff presentation on this item.
Public Comment
Mayor Johnson opened public comment.
Karen Blumenstein, Public Comment
Ms. Blumenstein, a partner in the development under consideration thanked the Council for their
continued attention to the development.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
Phil Guiffrida moved to approve Final Plat for Spring Prairie Development Four
Subdivision, Phase 2, and approve the subdivision improvement agreement. The motion
was seconded by Rod Kuntz.
Councilor Kuntz provided discussion.
Councilor Atkinson began questions for staff asking about ingress and egress from the
development.
Councilor Kluesner continued questions for staff.
Planning Director Tom Jentz provided information about the design features and landscaping of
this project.
Ms. Blumenstein spoke regarding the timeframe for buildout of this development.
The motion carried unanimously upon vote.
4. Ordinance 1771 - Second Reading - Amending the Zoning Ordinance as
recommended by the Planning Board
This Ordinance would amend certain sections of existing Zoning Ordinance No. 1677 as
recommended by the Planning Board, including, but not limited to building height restrictions,
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parking space requirements and microbreweries/micro-distilleries. Passage would occur 30 days
after approval of this final reading.
Ord. 1771 Zoning Amendments
City Attorney Charles Harball 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 Ordinance 1771, Amending certain portions of the
Kalispell Zoning Ordinance (Ordinance No. 1677) at the Kalispell Municipal Code Sections
as set forth in Exhibit "A", regarding the Increase in Maximum Heights in all H, B, I and P
Zones, increasing the Maximum Height in the RA-1 Zone, eliminating of the current CUP
requirements for additional height, amending Accessory Structure Setbacks, clarifying the
ability to locate Cellular Service Antennae, clarifying Size Requirements for Site Built as
opposed to Manufactured Homes, reducing the Required Parking for Multi -Family
Dwellings, clarifying existing language within the Off -Street Parking Design, changing the
Measurement Line for Site Lighting from the Right -of -Way Line to the Curb Line,
changing the responsibility of providing Property Ownership Lists from the applicant to
the city, explicitly including "Doggie Day -Care" within the definition of Kennels, reducing
the amount of required Off -Street Parking in the new B-3 (Core -Area Business) Zone by
50 %, expanding Microbrewery uses to include Wineries, Distilleries, and Tasting Rooms,
clarifying the existing language relating to Casinos, and declaring an effective date.
The motion was seconded by Chad Graham.
The motion carried unanimously upon vote.
5. Resolution 5762 - Approving a Covenant of Dedication of City Owned Property
for Streambank Erosion Mitigation Purposes
Res. 5762 Covenant of Dedication Materials
City Attorney Charles Harball provided the staff presentation on this item.
Councilor Graham asked questions of staff.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
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Phil Guiffrida moved to approve Resolution 5762, Approving the application of a Covenant
of Dedication to City Owned Riparian Property located within the Leisure Heights No. 1
Subdivision for purposes of Streambank Protection and Mitigation. The motion was
seconded by Wayne Saverud.
Councilor Guiffrida began discussion on the motion.
The motion carried unanimously upon vote.
6. Ordinance 1772 - First Reading - Granting a Nonexclusive Franchise Agreement
To Northwestern Energy and Fixing the Terms of Facilities Use in Public Right -
of -Ways
This Ordinance grants to Northwestern Energy a nonexclusive franchise for the placement and
maintenance of utility facilities in the municipal right-of-ways.
Ord. 1772 Franchise Agreement Materials
City Attorney Charles Harball provided the staff report on this item.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Phil Guiffrida moved to approve Ordinance 1772. Granting to Northwestern Corporation
d1b/a Northwestern Energy a Nonexclusive Franchise and Fixing the Terms thereof under
which said company may deliver and sell Natural Gas and construct, equip, lay, maintain
and operate Natural Gas Delivery in facilities, in under, upon, over and across Streets,
Avenues, Allevs. Highways. Bridges, Municipal Easements and other Municipal places in
the City of Kalispell, Montana. The motion was seconded by Sandy Carlson.
The motion carried unanimously upon vote.
7. Alcohol Addendum with Special Event Permit - Thursday!Fest
Approval would authorize the sale and consumption of alcohol at Thursday!Fest events from
June 23, to August 25, 2016 by The Kalispell Downtown Association.
Thursday!Fest
City Attorney Charles Harball provided a brief presentation on this item.
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Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Phil Guiffrida moved to approve the Alcohol Addendum to allow the sale and consumption
of alcohol at Thursday!Fest, June 23, to August 25, 2016. The motion was seconded by
Kari Gabriel.
Councilor Guiffrida spoke in favor of this event and Pam Carbonari's advocacy work on behalf
of downtown.
The motion carried unanimously upon vote.
J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Attorney Charles Harball announced that next week's work session meeting has been
cancelled. He also mentioned the sub -committee growth policy meeting tomorrow evening.
City Clerk Aimee Brunckhorst mentioned the monthly Coffee with the Chief event happening
Wednesday, June 8, at 5:30 p.m., at Sykes Diner. She also reminded Council about the
legislative lunch hosted by Montana League of Cities and Towns, and the Montana Municipal
Interlocal Authority. The luncheon will take place in the Council chambers on June 14, 2016
from 11:30 a.m. to 1 p.m.
K. ADJOURNMENT
Seeing no further business, Mayor Johnson adjourned the meeting at 7:55 p.m.
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June 6, 2016
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