09-19-16 City Council Meeting Minutesxr,#xka M a k
MONTANA
CITY COUNCIL MEETING MINUTES
Monday, September 19, 2016, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
A. CALL TO ORDER
Mayor Mark Johnson called the meeting to order at 7 p.m.
B. ROLL CALL
Mayor - Mark Johnson: Present
Council Member - Kari Gabriel: Present
Council Member - Sandy Carlson: Present
Council Member - Wayne Saverud: Present
Council Member - Chad Graham: Present
Council Chair - Jim Atkinson: Present
Council Member - Rod Kuntz: Absent
Council Member - Tim Kluesner: Present
Council Member - Phil Guiffrida: Present
Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk
Aimee Brunckhorst, Planning Director Tom Jentz, Public Works Director Susie Turner, and
Police Detective Doug Overman.
C. PLEDGE OF ALLEGIANCE
D. AGENDA APPROVAL
Motion to approve the agenda as submitted.
Council Member - Tim Kluesner: Motion
Council Chair - Jim Atkinson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Approve
Council Member - Chad Graham: Approve
Council Chair - Jim Atkinson: Approve
Council Member - Rod Kuntz: Absent
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously with Council member Kuntz absent.
Page 1 of 6
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.
Council Minutes — Regular Meeting — September 6, 2016 — a
2. Ordinance 1775 — Montana Chip Partners — Second Reading � 4z
Montana Chip Partners is requesting I-1 (Light Industrial) zoning.
Motion to approve the consent agenda as submitted.
Council Member - Chad Graham: Motion
Council Member - Phil Guiffrida: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Approve
Council Member - Chad Graham: Approve
Council Chair - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously with Council member Kuntz 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.
Mayor Johnson opened general public comment.
07:02:12 PM (00:04:09) Fred Zavodny, Public Comment
Mr. Zavodny spoke regarding a petition he submitted from the Village Greens subdivision
residents asking that their subdivision be excluded from any zoning that would allow short term
rentals.
07:04:52 PM (00:06:48) Public Comment Closed.
Seeing no further public comment, Mayor Johnson closed public comment.
H. 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.
Page 2 of 6
Resolution 5782 — Resolution of Intent and Call for a Public Hearing on the South
Kalispell Water & Wastewater Facility Plan Update -South Kalispell Development
This Resolution would notify the public of the Council's intent to hold a public
hearing on October 17, 2016, to consider adopting the Water and Wastewater Facility
Plan Update -South Kalispell Development. � a
07:05:23 PM (00:07:19) City Manager Doug Russell provided the staff report on this item.
07:06:39 PM (00:08:35) Public Works Director Susie Turner provided further detail on this item.
City Council began questions for staff.
Public Comment
Mayor Johnson opened public comment. Seeing no comment, Mayor Johnson closed public
comment.
07:09:02 PM (00:10:58) Motion approving Resolution 5782, a Resolution calling for a public
hearing on the proposed adoption of the "Water and Wastewater Facility Plan Update -
South Kalispell Development" to supplement the Kalispell 2008 Water and Wastewater
Facility Plan update.
Council Member - Phil Guiffrida: Motion
Council Member - Kari Gabriel: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Approve
Council Member - Chad Graham: Approve
Council Chair - Jim Atkinson: Approve
Council Member - Rod Kuntz: Absent
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously with Council Member Kuntz absent.
2. Eisinger Properties LLC Annexation and Zoning; _ Ca
Eisinger Properties is requesting annexation and initial B-2 (General Business) zoning
at 837 West Reserve Drive.
a. Resolution 5783 — Annexation
This Resolution would approve a request from Eisinger Properties to annex
into the city a 4.45 acre parcel located at 837 Reserve Drive.
b. Ordinance 1776 — Initial Zoning_` a
This Ordinance would create initial zoning of B-2 (General Business) on
property at 837 West Reserve Drive.
07:10:40 PM (00:12:37) Planning Director Tom Jentz provided the staff presentation on this
item.
Page 3 of 6
07:13:10 PM (00:15:06) Council member Graham began questions for staff.
07:14:44 PM (00:16:40) Council member Guiffrida continued questions for staff regarding
liability.
07:15:16 PM (00:17:12) City Attorney Charles Harball answered a question from Council.
07:15:22 PM (00:17:19) Council member Jim Atkinson continued questions for staff.
07:16:02 PM (00:17:59) Tom Jentz answered questions from Council.
Public Comment
Mayor Johnson opened public comment.
07:16:42 PM (00:18:39) Rory Younz, Applicant
Mr. Young, representing Jackola Engineering said he was available for questions as a
representative of the applicant.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
07:17:25 PM (00:19:22) Motion to approve Resolution 5783, a Resolution to provide for the
alteration of the boundaries of the City of Kalispell by including therein as an Annexation
certain real property described as Tract 2 of Certificate of Survey 19815 of Section 30,
Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as
Eisinger Properties addition no. 425; to zone said property in accordance with the Kalispell
Zoning Ordinance, and to declare an effective date.
Council Member - Wayne Saverud: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member
- Sandy Carlson: Approve
Council Member
- Wayne Saverud: Approve
Council Member
- Chad Graham: Approve
Council Chair - Jim Atkinson: Approve
Council Member
- Rod Kuntz: Absent
Council Member
- Tim Kluesner: Approve
Council Member
- Phil Guiffrida: Approve
The motion passed unanimously with Council member Kuntz absent.
07:19:06 PM (00:21:03) Motion to approve Ordinance 1776, an Ordinance to amend section
27.02.010, official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1677),
by Zoning Certain Real Property described as Tract 2 of Certificate of Survey 19815 of
Section 30, Township 29 North, Range 21 West, Flathead County, Montana, (Currently
Zoned County R-1 (Suburban Residential) to City B-2 (General Business)) in accordance
with the Kalispell Growth Policy 2020, and to provide an effective date.
Council Chair - Jim Atkinson: Motion
Council. Member - Chad Graham: 2nd
Mayor - Mark Johnson: Approve
Page 4 of 6
Council Member
- Kari Gabriel: Approve
Council Member
- Sandy Carlson: Approve
Council Member - Wayne Saverud: Approve
Council Member
- Chad Graham: Approve
Council Chair - Jim Atkinson: Approve
Council Member
- Rod Kuntz: Absent
Council Member
- Tim Kluesner: Approve
Council Member
- Phil Guiffrida: Approve
The motion passed unanimously with Council Member Kuntz absent.
I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Manager Doug Russell provided the following report:
Past efforts by the community to raise money for a bandshell have since fallen
apart. Money that was previously donated has been sitting in an account for some
time. The city would like to figure out a way to return the donated money and
close out the account. Mr. Russell will bring that forward in the form of a
resolution at a future meeting.
• Mr. Russell spoke regarding the request from Council at the last work session to
review further possible unintended consequences in zoning for short term
residential rentals prior to bringing the item forward at a regular session. Mr.
Russell spoke to the possible consequences of the removal of homes from the
housing market and how it may affect affordable housing, and how some
communities have take actions to try and limit that consequence. He asked
whether council would like to move forward with short term rentals on a regular
meeting or take it back for further discussion at a work session.
• Council member Atkinson asked questions regarding Home Owner Associations
and whether they can regulate short term rentals through by-laws.
07:23:37 PM (00:25:34) City Attorney Charles Harball answered a question from Council.
07:24:21 PM (00:26:17) Council members Saverud and Guiffrida expressed that they would like
to have another work session regarding vacation rentals by owner.
Mr. Russell explained that the next work session will be cancelled. He will bring the
short term rentals issue before council at the work session in October.
07:25:43 PM (00:27:40) Mayor Johnson announced that the general candidate forum that he and
Councilor Guiffrida will be hosting has been scheduled for October 12, 2016, in Council
Chambers at 7 p.m.
Page 5 of 6
I ADJOURNMENT
The Mayor adjourned the meeting at 7:27 p.m.
XX
Attest:
Ainiee Brunckhorst, CMC
City Clerk = SEAL _
1892
Minutes approved on: October 7, 201�i • ,� �P o ;�
,/s/sz�l>11111! I I Ili11i�®�°�°\\`
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Next Work Session — September 26, 2016, at 7:00 p.m. — Council Chambers
Next Regular Meeting — October 3, 2016, at 7:00 p.m. — Council Chambers
Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting.
Please notify the City Clerk at 758-7756.
Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on
Demand tab at www.kalispell.com.
Page 6 of 6