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03-06-17 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, March 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 Guiffhda: Present Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Public Works Director Susie Turner, City Engineer Keith Haskins and Police Chief Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to approve the agenda as presented. Council Member - Phil Guiffrida: 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 Page 1 of 7 Kalispell City Council Minutes, March 6, 2017 The motion passed unanimously on voice vote with Council member 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. 1. Council Minutes — Regular Meeting — February 21, 2017 7.14- 2. Ordinance 1785 — Second Reading — Planned Unit Development Amendment — Silverbrook 7 4z This Ordinance would approve a request from the developer of Silverbrook Subdivision to amend the neighborhood commercial portion near the intersection of Church Drive and Highway 93. Mayoral Proclamation — American Red Cross Month 7--�Z This proclamation declares March, 2017, American Red Cross Month and urges support of this organization and its noble humanitarian mission Mayor Johnson opened public comment on the consent agenda. Seeing none he closed up blic comment. Motion to approve the consent agenda as presented. Council Member - Chad Graham: Motion President - Jim Atkinson: 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 was approved unanimously on roll call vote with Council member Saverud absent. Mayor Mark Johnson read the American Red Cross Month proclamation aloud. 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. Page 2 of 7 Kalispell City Council Minutes, March 6, 2017 Mayor Johnson opened general public comment. Seeing none, he 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. 1. Ordinance 1786 — Second Reading — Amendments to the Permit Process Application for Parades and Special Events,a This Ordinance would amend Kalispell Municipal Code 3-18 related to the prohibition of consumption of alcohol in public places and the exceptions to that prohibition. City anager Russell provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment. Motion to approve Ordinance 1786, an Ordinance amendiny- Chapter 3 of the Kalispell Municipal Codes and Codified at KMC 3-18, Consumption in Street, Alley, or Public Place Prohibited; Exceptions, declarinp_ an effective date and authorizing the City Attornev to codify the same. Council member Gabriel offered discussion on the motion. Council Member - Phil Guiffrida: 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: Disapprove President - Jim Atkinson: Disapprove Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Disapprove Council Member - Phil Guiffrida: Approve The motion passed on roll call vote with Council members Graham, Kluesner and Atkinson opposed and Council member Saverud absent. 2. Ordinance 1787 — First Reading — Kalispell Regional Health Center Planned Unit Development This Ordinance would approve a planned unit development overlay zoning district on approximately 97 acres generally located at 310 Sunnyview Lane. Mayor Mark Johnson recused himself from this item and left the dais as he is a board member of Kalispell Regional Health Center. Senior Planner Jarod Nygren presented the staff report on this item. Page 3 of 7 Kalispell City Council Minutes, March 6, 2017 Council member Kluesner began questions for staff. Council member Gabriel continued questions for staff. Council member Guiffrida continued questions for staff and for Council member Graham regarding discussion that occurred at the Planning Board regarding height. Council member Kuntz continued questions for staff. Council member Atkinson continued questions for staff. Public Comment President Atkinson opened public comment. Seeing none, President Atkinson closed public comment. Motion to approve Ordinance 1787, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning Ordinance No. 1677, by creating a Planned Unit Development Overlay Zone over certain real property described as Kalispell Regional Medical Center, located in the Southwest Ouarter of Section 6, Township 28 North, Range 21 West, Flathead County, Montana, and further described on Exhibit "A" in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. Council Member — Phil Guiffrida: Motion Council Member — Rod Kuntz: 2nd 07:32:22 PM (00:32:46) Motion to amend the KRH PUD Overlay zone under the section of property development standards item #10, Pedestrian Connectivity Development Proiects - strike the word `should' and replace with the word `shall' install missing right away ... and strike the word should and replace with the word "shall" install sidewalk... Council Member - Rod Kuntz: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Abstain 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 amend the main motion passed unanimously on voice vote with Council member Saverud absent and Mayor Johnson having abstained. Vote to approve the main motion as amended. Council Member - Phil Guiffrida: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Recused Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Page 4 of 7 Kalispell City Council Minutes, March 6, 2017 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 as amended passed unanimously on roll call vote with Council member Saverud absent and Mayor Johnson having abstained. 3. Resolution 5807 — Flathead County Economic Development Authority LFCEDA -_Glacier Rail Park Subdivision Preliminary Plat Extension This Resolution would approve a request from FCEDA for a two-year extension of the preliminary plat for a 41 acre Rail Park on the east side of Whitefish Stage Road, north of East Oregon Street and west of East Oregon Lane. City Manager Russell provided a brief overview on this item. Senior Planner Jarod Nygren provided further details on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 5807, a Resolution approving a Two -Year Extension to the Preliminary Plat of Glacier Rail Park Subdivision. President - Jim Atkinson: Motion Council Member - Chad Graham: 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 roll call vote with Council member Saverud absent. 4. Resolution 5808 — 4`h Avenue East Water Project Preliminary Engineering Report This Resolution would approve the preliminary engineering report findings for the 4th Avenue East Water Project. -1to City Manager Doug Russell provided the initial staff presentation on this item. Director of Public Works Susie Turner provided further details on this item. City Engineer Keith Haskins provided further details regarding the preliminary engineering report. Council members Kuntz and Kluesner asked questions of staff. Page 5 of 7 Kalispell City Council Minutes, March 6, 2017 Council member Atkinson continued questions for staff. Council member Kluesner continued questions for staff. Public Comment Mayor Johnson opened public comment. Mary Cloud Taylor, Public Comment Ms. Taylor, a reporter with the Daily Inter Lake asked whether the parking on the new two way streets would be two way as well. 00:50:11 Motion and Vote to approve Resolution 5808, a Resolution to adopt the Fourth Avenue East Water Proiect Preliminary Report (PER) and to Direct the City Manager to forward this Resolution and the PER to the Montana Department of Environmental Quality. Council Member - Phil Guiffrida: Motion President - Jim Atkinson: 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 Council member Saverud absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: Mr. Russell spoke regarding the Infrastructure Coalition that was recently formed saying he has been pleased with their coordination efforts and professionalism. He reported on the Coalitions ability to organize a large number of people from different facets to provide testimony. They also coordinated amendments, working with all the stakeholders to bring something that the sponsor was willing to support. Next Work Session: Discussion on the Downtown Business Improvement District Next regular meeting: Bringing forward financial options to fund a dog park. 07:54:55 PM (00:55:18) Council member Kluesner spoke regarding concerns he has regarding Senate Bill 206 that would eliminate daylight savings time. The legislation has passed the Senate and is in the House. Page 6 of 7 Kalispell City Council Minutes, March 6, 2017 07:57:05 PM (00:57:28) Council member Guiffrida spoke regarding constituents who are having parking issues near the new County building on I" Avenue West and the new Area Agency on Aging. In particular there is a gentleman that lives on the 1100 block of 1st Avenue West who is disabled and not able to leave his home as the parking spot in front of his home is usually taken. Councilor Guiffrida also spoke regarding reports of County employees parking County vehicles such as plow trucks, etc. on 12th Street West over the weekend. Councilor Guiffrida asked staff to look into options for this issue. Councilor Atkinson agreed with Guiffrida's concerns. Councilor Kluesner asked that we request that the County work on rectifying the parking situation. 08:06:41 PM (01:07:05) Councilor Kuntz spoke regarding comments that came in to public comment and listed some items that were not under the jurisdiction of the City Council. 08:09:16 PM (01:09:39) Mayor Johnson spoke regarding the upcoming special election for the Montana House Seat. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:10 p.m. CMC City Minutes approved on: �a vr.k - L> UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — March 13, 2017, at 7:00 p.m. — Council Chambers Next Regular Meeting — March 20, 2017, at 7:00 p.m. — Council Chambers Coffee or Cone with a Cop — Tuesday, March 14, 2017, at 5:30 p.m. — McDonald's, 1110 Hwy 2 West "72 Coffee with the Chief — Thursday, March 16, 2017, at 5:30 p.m. — Sykes Diner Basement, 202 2nd Avenue West <t� Page 7 of 7