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07-05-16 City Council Meeting MinutesKALISPELL CITY COUNCIL MINUTES JULY 5, 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., TUESDAY, JULY 5, 2016, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. A. CALL TO ORDER The Mayor called the meeting to order at 7 p.m. B. ROLL CALL Jim Atkinson, Chad Graham, Phil Guiffrida, Mark Johnson, Tim Kluesner, Rod Kuntz, and Wayne Saverud were present. Sandy Carlson and Kari Gabriel were absent. Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Fire Chief Dave Dedman, Police Chief Roger Nasset, and Parks Superintendent Fred Bicha. C. PLEDGE OF ALLEGIANCE AGENDA APPROVAL Phil Guiffrida moved to approve the agenda as submitted. The motion was seconded by Chad Graham. The motion carried unanimously upon roll call vote with Sandy Carlson, and Kari Gabriel absent. E. CONSENT AGENDA 1. Council Minutes — Regular Meeting — June 20, 2016 06-20 minutes 2. Professional Services Agreement with Community Forestry Consultants for an Urban Forest Management Plan Approval would allow the city manager to enter into an agreement with Community Forestry Consultants for an Urban Forest Management Plan. Urban Forestry 3. Database Access Agreement with Montana Department of Transportation (MDT) Approval would allow the city manager to enter into an agreement with MDT, outlining the cities continuing use of MDT's Safety Information Management System. Database Access 4. Proclamation - Glacier Rally in the Rockies - July 15 & 16, 2016 This proclamation encourages citizens to help support the Flathead CARE Glacier Rally in the Rockies weekend which raises money to support youth programs. Glacier Rally 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 roll call vote with Sandy Carlson, and Kari Gabriel absent. F. COMMITTEE REPORT - None. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none, he closed public comment. H. PUBLIC HEARING — FISCAL YEAR 2017 BUDGET Council will accept comments concerning the Fiscal Year 2017 budget. Mayor Johnson opened the public hearing. Richard Hall, Public Comment Mr. Hall of 436 5th Avenue West, spoke regarding the tree assessment and questioned details within the forestry budget he feels may not be appropriate. He then spoke regarding the costs of Kalispell City Council Minutes July 5, 2016 Page 2 an ambulance ride, and the difficulties some people experience paying for an emergency. Mr. Hall referenced surcharges that are added to tickets and asked the Council to consider the difficulties in paying those costs. Public Hearing Closed Seeing no further public comment, Mayor Johnson closed public comment. I. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Resolution 5764 - Resolution of Intent & Call for Public Hearing - Proposed Amendment to the City of Kalispell Airport/Athletic Complex Redevelopment Plan. This resolution schedules a public hearing for July 18, 2016, on a proposed amendment to the City of Kalispell Airport/Athletic Complex Redevelopment Plan. Resolution 5764 City Manager Doug Russell provided a staff report on this item. Public Comment Mayor Johnson opened public comment, seeing none he closed public comment. Jim Atkinson moved to approve Resolution 5764, a Resolution calling for a public hearin on the proposed amendment of the City of Kalispell Airport/Athletic Complex Redevelopment Plan to adopt and incorporate the April 2016 draft of the South Kalispell Urban Renewal Plan as recommended by the Kalispell Citv Planning and Zoning Board. The motion was seconded by Tim Kluesner. The motion carried unanimously upon roll call vote with Sandy Carlson, and Kari Gabriel absent. 2. Alcohol Addendum Application from the Hockaday Museum of Art for the Arts in the Park Festival at Depot Park, July 15 through 17 Approval of this alcohol addendum would allow for the sale and consumption of alcohol at the annual Arts in the Park Festival. Art-, in Park Councilor Guiffrida began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Kalispell City Council Minutes July 5, 2016 Page 3 Phil Guiffrida moved to approve an Alcohol Addendum for the Hockaday Museum of Art to allow for the sale and consumption of alcohol at Arts in the Park Festival to be held in Depot Park, July 15 through 17, 2016, contingent upon receipt of the special permit from the State of Montana, and the Certificate of Liability Insurance for alcohol for this event prior to the event. The motion was seconded by Rod Kuntz. Councilor Guiffrida provided discussion on the motion. Councilor Saverud abstained from voting as he sits as a Director of the Hockaday Museum of Art. The motion carried unanimously upon roll call vote with Wayne Saverud abstaining and Sandy Carlson, and Kari Gabriel absent. 3. Final Plat - Owl View Townhomes, a Phase of Westview Estates This request from Sands Surveying on behalf of Owl Corporation would grant final approval for a 6 lot townhouse subdivision within Westview Estates Subdivision. Owl View Senior Planner Jarod Nygren provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Phil Guiffrida moved to approve the final plat for Westview Estates, Owl View Townhomes phase. The motion was seconded by Tim Kluesner. The motion carried unanimously upon roll call vote with Sandy Carlson, and Kari Gabriel absent. 4. Ordinance 1772 - First Reading - Planned Unit Development (PUD) Amendment - Courthouse East at 723 5th Avenue East This Ordinance would approve a zone change to the PUD, allowing 29 units instead of a maximum of 28 units. Ord 1772 Senior Planner Jarod Nygren provided the staff presentation on this item. Councilor Guiffrida began questions for staff. Kalispell City Council Minutes July 5, 2016 Page 4 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Wayne Saverud moved to approve Ordinance 1772, an Ordinance authorizing and adopting an amendment to the Courthouse East Planned Unit Development (Eastside Brick) enacted by Ordinance No. 1538. The motion was seconded by Jim Atkinson. The motion carried unanimously upon roll call vote with Sandy Carlson, and Kari Gabriel absent. 5. Conditional Use Permit - Cahoon Townhouses at 12216th Street West Approval would allow construction of four townhomes at the listed property per the conditions provided. CUP Senior Planner Jarod Nygren provided the staff presentation on this item. City Attorney Charles Harball provided additional information on the written comments submitted by Jim Cossitt on this item. Councilor Atkinson began questions for staff. Councilor Kuntz continued questions for staff. City Attorney Charles Harball answered questions from staff. Public Comment Mayor Johnson opened public comment. Jim Cossitt, Public Comment Mr. Cossitt of 6th Avenue West, provided a summary of his views regarding the lawsuit against the applicant for this item, and how he feels it affects the city. Dave Mason, Public Comment Mr. Mason of 1226 6th Street West, spoke saying he feels there are parking congestion problems in the neighborhood that would likely be exacerbated if this application were approved. Kalispell City Council Minutes July 5, 2016 Page 5 Randy O,-le, Public Comment Mr. Ogle of 20 Woodland Avenue, spoke as an Attorney representing Angela Cahoon explaining their views on Mr. Cossitt's lawsuit. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. Phil Guiffrida moved to approve conditional use permit KCU-1603, with the six conditions of approval. The motion was seconded by Chad Graham. Councilor Guiffrida provided discussion on the motion. Councilor Atkinson provided discussion on the motion. The motion carried unanimously upon roll call vote with Sandy Carlson, and Kari Gabriel absent. 6. Adoption of Collective Bargaining Agreement with The International Association of Firefighters (IAFF) Local Union No. 547 Adoption would approve a three year term collective bargaining agreement with IAFF 547. IAFF City Manager Doug Russell provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Tim Kluesner moved to approve Adoption of a Collective Bargaining Agreement between the City of Kalispell and The International Association of Firefighters Local Union No. 547 that previously ended on June 30, 2016. The motion was seconded by Jim Atkinson. The motion carried unanimously upon roll call vote with Sandy Carlson, and Kari Gabriel absent. I CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • The next work session on July 11, will be dedicated to discussion regarding the city airport. Kalispell City Council Minutes July 5, 2016 Page 6 Mayor Johnson provided the following report: • The Mayor and City Manager attended the Chamber of Commerce meeting last Tuesday where the airport was a topic under discussion. They clarified misconceptions about the numbers, the history of the airport and the history regarding discussions about the airport. After the meeting, Mayor Johnson met with Zach Anderson. K. ADJOURNMENT Seeing no further business, Mayor Johnson adjourned the meeting at 81 NI _s Aimee Brunckhorst, CMC City Clerk Minutes approved on: July 18, 2016 Kalispell City Council Minutes July 5, 2016 Page 7