12-19-16 City Council Meeting MinutesCITY OF
11 A ' -&
MONTH NA
CITY COUNCIL MEETING MINUTES
Monday, December 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: Absent
President - Jim Atkinson: Present
Council Member - Rod Kuntz: Present
Council Member - Tim Kluesner: Present
Council Member - Phil Guiffrida: Present
City staff present included City Manager Doug Russell, City Attorney Charles Harball, City
Clerk Aimee Brunckhorst, Senior Planner Jarod Nygren, Planner II PJ Sorensen, and Chief of
Police Roger Nasset.
C. PLEDGE OF ALLEGIANCE
D. AGENDA APPROVAL
Motion and Vote to approve the agenda as submitted.
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: Absent
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion was approved unanimously with Council member Graham absent.
Page 1 of 7
Kalispell City Council Minutes, December 19, 2016
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.
LA
Council Minutes — Regular Meeting — December 5, 2016 a
2. Ordinance 1782 — Second Reading — Initial Zoning of RA-1 at 2050 Airport Road
I,
a
This Ordinance would zone property at 2050 Airport Road as RA-1 (Residential
Apartment).
L.
3. Ordinance 1783 — Second Reading — Core Area Rezoning to B-3 C�
This Ordinance would rezone 72 lots from B-2 (General Business) to B-3 (Core
Area Business) and 10 lots from B-4 (Central Business) to B-3 (Core Area
Business, all within the core area of Kalispell.
4. Police Officer Confirmations a
Police Officers Keller, Williams, and Turner have successfully completed their
probationary period and Council confirmation of their appointments is requested.
Public Comment
Mayor Johnson opened public comment. No person commented. Mayor Johnson closed public
comment.
Motion and Vote to approve the consent agenda as submitted.
President - Jim Atkinson: 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: Absent
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously on roll call vote with Council member Graham absent.
07:02:02 PM (00:03:29) Police Chief Roger Nasset introduced newly confirmed Officer's Sean
Keller, Dan Williams and Justin Turner and provided background on each of them.
Mayor Johnson pinned officer badges on the three officers.
Page 2 of 7
Kalispell City Council Minutes, December 19, 2016
Police officer Dan Williams spoke on behalf of the Police Officers who were confirmed saying
that they appreciate every opportunity provided and have enjoyed their time with the Kalispell
Police Department.
K-9 handler Dale Brandeberry came in to introduce the new police dog Cairo who will be
working with the Kalispell Police Department in the future.
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.
00:11:08 Sue Paulson, Public Comment
Ms. Paulson of 1827 Bluestone Drive, spoke regarding the way that she heard about the
possibilities of a dog park going into Begg Park and previous comments that she has made about
the matter of a dog park. She is opposed to putting a dog park into Begg Park and explained why
she feels that way.
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.
1. Resolution 5793 - Downtown Business Improvement District Creation - Notice of
Intent and Call for Public Hearing_ as
This resolution is a statutory response to give notice and set a public hearing
regarding petitions submitted to the city to recreate the Downtown Business
Improvement District with adjusted boundaries.
City Manager Russell provided a report on this item.
00:18:27 Council members began questions for staff.
Mayor Johnson opened public comment.
00:20:38 Pam Carbonari, Public Comment
Ms. Carbonari, Coordinator for the Downtown Business Improvement District spoke to the
accomplishments the District has achieved since formation. She informed the Council that Jon
Fetveit with the District Board was also in attendance. Ms. Carbonari explained the percentage of
support for the new District and provided a spreadsheet for Council's purview. She also
explained what areas of downtown are proposed to be added to the new district compared to the
old district.
Seeing no further public comment, Mayor Johnson closed public comment.
Page 3 of 7
Kalispell City Council Minutes, December 19, 2016
Motion to approve Resolution 5793, a Resolution of Intention to create a Business
Improvement District for the City of Kalispell, Montana, to fix a date of a Public Hearing,
and to provide for publication of notice of said hearing.
President - Jim Atkinson: 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: Absent
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously on roll call vote with Council member Graham absent.
2. Resolution 5794 - Amendment to the Public Works Design & Construction
u" Standards , Ca
This resolution would amend the design and construction standards to require
sewer main testing that was inadvertently removed from the previous standards.
City Manager Russell provided a brief background on this item.
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Resolution 5794, a Resolution to amend the 2015 Standards for Design and Construction
for the City of Kalispell, Montana and setting an effective date.
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: Absent
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously on roll call vote with Council member Graham absent.
3. Ordinance 1778 — Third Reading — Short Term Rentals (Vacation Rentals By
0' Owner) 4:1
This ordinance would amend the Kalispell Zoning Code by recognizing Short
Term Rentals as permitted in all residential zones through an administrative
Conditional Use Permit process. Ordinance 1778 passed first reading on
Page 4 of 7
Kalispell City Council Minutes, December 19, 2016
November 7 with several amendments on a 4-3 vote and passed December 5 with
an additional amendment on a 7-1 vote.
City Manager Russell provided background on this item.
Council began questions for staff.
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Councilor Kuntz moved and Councilor Gabriel seconded to pass Ordinance 1778, An
Ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1677) At Kalispell
Municipal Code Sections 27.20.095 Short Term Residential Rental Standards And 27.37.10
Definitions As Set Forth In Exhibit "A", And declaring An effective date.
Discussion on the motion.
Councilor Gabriel moved to amend the main motion, and Councilor Kluesner seconded to
change the wording to: no more than a total of two (2) percent of the residences in all of the "R"
and "RA" zones within the City of Kalispell may be used as a short term residential rental. This
limitation shall not apply to any other zones where short term rentals are otherwise permitted.
Discussion on the amendment to the main motion.
Vote on the amendment.
Council Member - Kari Gabriel: Motion
Council Member - Tim Kluesner: 2nd
Mayor - Mark Johnson: Disapprove
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Approve
Council Member - Chad Graham: Absent
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Disapprove
The amendment to the main motion was approved with Councilor Guiffrida and Mayor
Johnson opposed and Council member Graham absent.
Council asked several questions regarding administration of this Ordinance.
Councilor Guiffrida spoke to public comment received on this item reminding the public that
short term rentals were not allowed until this item passes.
Vote on the original motion as amended.
Council Member — Rod Kuntz: Motion
Council Member - Kari Gabriel: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Page 5 of 7
Kalispell City Council Minutes, December 19, 2016
Council Member - Wayne Saverud: Approve
Council Member - Chad Graham: Absent
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion as amended was approved unanimously on roll call vote with Council member
Graham absent.
4. Resolution 5795 — Vacation of Easement — Sunset Boulevard LLC t�
This Resolution would abandon a public utility easement on private property
located on West Wyoming and Highway 93 (behind J2 Office Supply).
City Manager Russell provided a brief presentation on this item.
Mayor Johnson opened public comment.
Motion to approve Resolution 5795, A Resolution to vacate that certain Public Utility
Easement of record located over and across privately owned real property situated off
West Wyoming Street and Highway 93 in the city of Kalispell.
Council Member - Kari Gabriel: Motion
Council Member - Wayne Saverud: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Wayne Saverud: Approve
Council Member - Chad Graham: Absent
President - Jim Atkinson: Approve
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously on roll call vote with Council member Graham absent.
I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Manager Doug Russell provided the following report:
Permit applications and credit card payments can now be taken online for building
permits.
• No work session next week.
• Next regular meeting date will be TUESDAY, January 3, 2017.
00:46:37 Council member Atkinson mentioned the City Manager report and explained to the
public that it is a great resource for them and is available on the website.
00:47:16 Council member Kuntz spoke regarding shopping downtown for the holidays. He then
spoke to the difficulties of journalism. He mentioned a recent editorial in the Daily InterLake
Page 6 of 7
Kalispell City Council Minutes, December 19, 2016
regarding the short term residential rentals explaining the editorial did not take into account all
the information available. Councilor Kuntz also provided some background regarding what goes
into Council decisions.
Mayor Mark Johnson provided the following_ report:
The paper is working on an article regarding the Infrastructure Coalition and
infrastructure needs within the state of Montana. Once again we are looking at how to
find solutions to long term problems. The Council's goal would be to look for the
solution, not a handout. Mayor Johnson would encourage local legislatures to look at
solutions that give local communities the ability to make the decisions that they need to
make in real time for their needs.
Mayor Johnson spoke regarding comments that were made at the previous 911 Center
Meeting which he was not able to attend. Mayor Johnson will be presenting the solutions
that Council has been offering all along at the next 911 Center meeting refuting
comments made.
I ADJOURNMENT
Mayor Johnson adjourned the meeting at 7:54 p.m.
-6�,k Ate SEAL -
Ai ee Brunckhorst, CMC s 1892
City Clerk
/oZi�®�%
Minutes approved on: January 3, 2017 d<dd));ggitc�°
UPCOMING SCHEDULE / FOR YOUR INFORMATION
City Offices Closed — Monday, December 26, 2016 — Christmas Holiday Observance
The last Work Session in December has been CANCELLED.
City Offices Closed — Monday, January 2, 2017 — New Year's Holiday Observance
Next Regular Meeting — TUESDAY, January 3, 2017, 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 7 of 7