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02-06-17 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, February 6, 2017, 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: Absent Council Member - Chad Graham: Present 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, Planning Director Tom Jentz, Senior Planner Jarod Nygren, and Chief of Police Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to strike agenda item 1 "Resolution 5801 - Creation of Kalispell Business Improvement District" from tonight's agenda. The meeting materials provided do not address comments and questions received via public comment during the public hearing. This agenda item should be placed on the next available work session to be determined by the City Manager. The work session will allow Council time to discuss and ask questions for staff to investigate and provide response to. The rest of the Agenda can proceed as published. Council Member - Phil Guiffrida: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Disapprove Page 1 of 8 Kalispell City Council Minutes, February 6, 2017 Council Member - Sandy Carlson: Disapprove Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Annrove Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion passed on voice vote with Council members Carlson and Gabriel opposed and Councilor Saverud absent. 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. NZ. Council Minutes — Regular Meeting — January 17, 2017 a Motion 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: Absent Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion passed unanimously on voice vote. F. COMMITTEE REPORT— Flathead County Solid Waste District Board — (Council Member Kluesner) Council member Tim Kluesner provided the council with a report on the Flathead County Solid Waste District Board as the City Council representative on the board. 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. Pam Carbonari, Public Comment Ms. Carbonari with the Downtown Business Improvement District explained that the district board members were present this evening and were planning on presenting information to Page 2 of 8 Kalispell City Council Minutes, February 6, 2017 Council regarding issues that had been brought up at previous public hearings. Ms. Carbonari requested on behalf of the district board that Council notify them what specific information they can provide to help Council make their decision about the BID. They have information prepared on the budget and the fagade improvement program. She also explained that if this item does not go forward at this point or if the district boundaries were to be adjusted, working on creation of a new district would not be possible for another year, moving resurrection of the BID to 2019. She also mentioned the timing of upcoming district board and Kalispell city budget preparations. She said a timely resolution to this matter would be appreciated by the BID Board as they are currently scheduled to put together their budget for the upcoming year. 07:12:07 PM (00:15:01) Jay Billmaver, Public Comment Mr. Billmayer, a downtown property owner submitted a letter with questions and comments regarding the Business Improvement District. He explained that he feels the Business Improvement District process has been mischaracterized in the public hearing notices and should not have been characterized as the re-creation and expansion of the current district. He feels if the Resolution to create does pass new trustees should be appointed and new employees hired. Seeing no further public comment, Mayor Johnson closed general public comment. H. PUBLIC HEARING - Silverbrook Planned Unit Development Amendment Reauest a Council will accept comments concerning a request from the developer of Silverbrook Planned Unit Development to amend the neighborhood commercial portion near the intersection of Church Drive and Highway 93. Mayor Johnson opened the public hearing. 07:15:18 PM (00:18:12) Howard Mann, Public Comment Mr. Mann of 670 McGregor Lane, spoke as the applicant for this item explaining why he is requesting this amendment. 00:21:32 Joe Unterreiner, Public Comment Mr. Unterreiner, CEO of the Kalispell Chamber of Commerce spoke in favor of this amendment request. He thanked Mr. Mann on behalf of city residents for extending services and taking on a substantial investment in the area. Seeing no further public comments, 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. Item 1. below was removed from the agenda by motion and vote during agenda approval and will be placed on an upcoming work session. Resolution 5801 — Creation of Kalispell Business Improvement District a Page 3 of 8 Kalispell City Council Minutes, February 6, 2017 This resolution would create a Business Improvement District [BID] for downtown Kalispell pursuant to the terms of Title 7, Chapter 12, Part 11 of Montana Code Annotated as the existing BID is expiring. 2. Resolution 5802 - Southside Estates — Preliminary Plat - Major Subdivision a This resolution would approve a preliminary plat from Team Development, LLC to create 29 lots on an 8.83 acre parcel located 100 feet south of the intersection of Pintail Drive and Merganser Drive. Senior Planner Jarod Nygren presented the staff report for this item. City Council began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve .Resolution 5802, a resolution conditionally approving the preliminary plat of Southside Estates, described as tract 4 in the Southwest quarter, Southeast Quarter of section 19, township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Council Member - Chad Graham: Motion Council Member - Sandy Carlson: 2nd City Council discussed the motion. Vote on the motion. Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion to approve passed unanimously on roll call vote with Councilor Saverud absent. Resolution 5803 - North Town Center. Phase 1 — Preliminary Plat - Maior m Subdivision C= This resolution would approve a preliminary plat from Stillwater Corporation to create 12 lots on 81.4 acres within Kalispell North Town Center located on Hwy 93 and previously known as Glacier Town Center. Senior Planner Jarod Nygren presented the staff report for this item. City Council began questions for staff. Page 4 of 8 Kalispell City Council Minutes, February 6, 2017 Public Comment Mayor Johnson opened public comment. 07:46:40 PM (00:49:34) Sharon DeMeester, Public Comment Ms. DeMeester of 415 Chestnut Drive has concerns saying she feels that the City and County disregard zoning and planned unit development plans. She says she is quite discouraged by the governing bodies. 07:48:31 PM (00:51:26) Zack Graham, Public Comment Mr. Graham of CTA Architects Engineers representing the owner Stillwater Corporation, explained that the PUD brought forward tonight has not been modified from the original PUD in 2008. Mr. Graham also spoke to questions regarding the development timing of Rose Crossing Road. 07:49:55 PM (00:52:50) Joe Unterreiner, Public Comment Mr. Unterreiner with the Kalispell Chamber of Commerce said he is excited to see development occurring on this side of town. He spoke regarding the past negotiations that took place on the original PUD. He said there is a need to plan for upcoming commercial development. He would encourage Council support for this proposal. Seeing no further public comment, Mayor Johnson closed public comment. Motion to approve Resolution 5803, a resolution conditionally approvinp, the preliminary plat of Kalispell North Town Center, Phase 1, located in the Southwest quarter of section 19 and the Northwest quarter of section 30, township 29 North, range 21 West, P.M.M., Flathead County, Montana. Council Member - Rod Kuntz: Motion Council Member - Kari Gabriel: 2nd Councilor Atkinson asked questions of the applicant. Mayor Johnson began discussion on the motion. Vote on the motion. Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion to approve passed unanimously on roll call vote with Councilor Saverud absent. Page 5 of 8 Kalispell City Council Minutes, February 6, 2017 M 4. Resolution 5804 — Revising the Fee Schedule for Public Record Requests -, a This resolution would revise the fee schedule for fulfilling public records requests. City Manager Doug Russell presented the staff report for this item. Councilor Guiffrida began questions for staff. Police Chief Roger Nasset answered questions regarding body camera recording costs. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve Resolution 5804, a resolution superseding resolution 5128, setting a fee schedule for copies and research of public records from the city of Kalispell. 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: Absent Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion to approve passed unanimously on roll call vote with Councilor Saverud absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager provided the following report: • Next week's work session has the following items scheduled: o Courthouse Couplet Traffic Study presentation from Montana Department of Transportation completed by RPA o Water Facility Plan Update o Flathead Emergency Communications Center — 911 Interlocal Agreement o Forest Service Building Appraisal on Airport Road • The next work session on February 27th has further discussion planned regarding a dog park at Begg Park. Further discussion on the Business Improvement District would be placed on this agenda as well. • The City Manager plans to attend and testify in opposition this Wednesday to two bills being heard in the state legislature regarding Tax Increment Financing Districts. He explained the intent of the bills. He then spoke regarding special district legislation that Page 6 of 8 Kalispell City Council Minutes, February 6, 2017 may be coming forward. He also spoke about other upcoming TIF bills that may come forward in state legislation. Councilor Guiffrida said that lie and Mr. Russell testified before the legislator recently and he was very impressed with the organizational skills and professionalism of the staff of the Montana League of Cities and Towns and of the professionalism of Kalispell City Manager Doug Russell during that process. The Local Government Committee really appreciated that Mr. Russell had solid facts and figures. Mr. Guiffrida also encouraged Council members to send emails, letters or testify in Helena in person to communicate with our representatives. 08:09:17 PM (01:12:1 1) Rod Kuntz spoke to public comment tonight saying the Council does listen to the public. 08:09:58 PM (01:12:52) Councilor Gabriel invited the public to several events coming up in the community sponsored by STOP Prescription Drug Abuse in the Flathead Coalition: o Art Reception on Feb. 14 at 5:30 p.m. for Art Exhibit through February 27— "The Bitter Pill" on display at Flathead Valley Community College, Arts & Technology Building, Lower Level o FBI Agents showing "Chasing the Dragon" documentary regarding opioid drug abuse to be shown at FVCC, Arts & Tech. Building #139, from 3:30 to 5:30 o Another opportunity to see the documentary will be on February 16, from 7 to 9 p.m. moderated by Police Chief Nasset followed by a public question and answer period. 01:15:22 Mayor Johnson reported on the following: • Last week the City of Kalispell took part in a joint work session with the County, City of Columbia Falls, and the City of Whitefish regarding the 911 Center agreement. He provided an overview about the discussion. • Mayor Johnson confirmed that he is in agreement with the City Manager that the February 27 work session makes sense for the Business Improvement District discussion. He spoke to questions that came up from the public during the public hearing of the Downtown Business Improvement District saying the work session would be a good opportunity to clear up some of those questions. K. ADJOURNMENT \0JJiu1PPPt11Jr Mayor Johnson adjourned the meeting at 8:16 p.m. \\��>��;� OFC/�� eoN� P SEAL Aimee Brunckhorst, CMC % ©NTAt0° City Clerk �� ....... •`\`\`,\\���. IiFPPiltlt\\ Minutes approved on: Page 7 of 8 Kalispell City Council Minutes, February 6, 2017 UPCOMING SCHEDULE / FOR YOUR INFORMATION Coffee with the Chief — February 8, 2017, at 5:30 p.m. — Sykes Diner, 202 2nd Avenue West Next Work Session — February 13, 2017, at 7:00 p.m. — Council Chambers Coffee or Cone with a Cop — February 14, 2017, at 5:30 p.m.— McDonald's, 1110 US Hwy 2 W City Offices will be closed February 20, 2017, for Presidents' Day. Next Regular Meeting — TUESDAY, February 21, 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 8 of 8