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05-01-17 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, May 1, 2017, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Present 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, Public Works Director Susie Turner and Police Chief 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: Absent Council Member - Wayne Saverud: Approve 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 the agenda as submitted passed unanimously on voice vote with Council member Carlson absent. Page 1 of 9 Kalispell City Council Minutes, May 1, 2017 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 — April 17, 2017 t� 2. Recommendation for an En2ineerM Consultant for the Water and Wastewater Collection Facility Plan Updates and Water System 9 Infrastructure Improvement Projects a This item would approve the selection of AE2S as the professional consultant for this project. 9-A Award Bid for 2017 Chip Seal Pavement Maintenance Projects <z This item would award chip seal pavement maintenance projects for the year to Pavement Maintenance Solutions. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and vote to approve the consent agenda as submitted. Council Member - Chad Graham: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve rove Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve 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 the consent agenda as submitted passed unanimously on voice vote with Council member Carlson absent. F. COMMITTEE REPORT - Flathead County Emergency Communications Center (911) Operations Board — Report from Mayor Mark Johnson Mayor Johnson provided a committee report as a board member of the Flathead County Emergency Communications Center Operations Board. 07:15:24 PM (00:15:26) Mayor Johnson answered questions posed by Council. 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 Page 2of9 Kalispell City Council Minutes, May 1, 2017 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. 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. l: 1. Resolution 5810 — Amend Rules and Regulations for Water Service a This Resolution would amend the rules and regulations for water service by redefining the requirement of service line sizes and addressing fire line service options for residential developments. City Manager Doug Russell provided a brief introduction to this item. Public Works Director Susie Turner provided a presentation on this item. 00:25:11 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 5810, a Resolution to adopt certain amendments to the City of Kalispell Water Utility Regulations including redefining the requirements for service line sizes and addressing fire line service options. Council Member - Wayne Saverud: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve 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 Resolution 5810 passed unanimously on roll call vote with Council member Carlson absent. 2. Resolution 5811 - Stillwater Bend — Resolution of Intent to Adont. Revise or KU Reject a Proposed Amendment to the Growth Policy a This Resolution provides notice of Councils intent to consider a proposed amendment from Spartan Holdings, LLC to the growth policy on 56 acres of land and schedules a public hearing for May 15, 2017. Senior Planner Jarod Nygren provided the staff presentation on this item. Page 3 of 9 Kalispell City Council Minutes, May 1, 2017 Council began questions for staff. Public Comment Mayor Johnson opened general public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 5811, a Resolution of intention to adopt, revise or reject a recommended amendment to the Kalispell Growth Policy 2020 to amend the designation of 56 acres of land located at 2890 Highway 93 North in Flathead County, Montana and to call for a public hearing. President - Jim Atkinson: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve 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 Resolution 5811 passed unanimously on roll call vote with Council member Carlson absent. 3. Resolution 5812 - Treeline Center Major Subdivision Preliminary Plat Request a This Resolution would approve a request from AMI Development and Montana Department of Natural Resources to divide 6.8 acres into 6 commercial lots and 1 utility lot at the southwest and southeast intersection of Treeline Road and Old Reserve Drive. Senior Planner Jarod Nygren provided the staff presentation on this item. Council began questions for staff. Public Comment Mayor Johnson opened general public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 5812, a Resolution conditionally approving the preliminary plat of Treeline Center, located at the southwest and southeast intersection of Treeline Road and Old Reserve Drive in Section 36, Township 29 North, Range 23 West, P.M.M., Flathead County, Montana. President - Jim Atkinson: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve Page 4 of 9 Kalispell City Council Minutes, May 1, 2017 President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Annrove The motion to approve Resolution 5812 passed unanimously on roll call vote with Council member Carlson absent. 4. Ordinance 1789 — First Reading - Kalispell Meeting Halls Zoning Text Amendment a This Ordinance would permit private schools to operate within all commercial zoning districts with an approved conditional use permit. Senior Planner Jarod Nygren provided the staff presentation on this item. Council began questions for staff. Public Comment Mayor Johnson opened general public comment. Seeing none, he closed public comment. Motion and Vote to approve Ordinance 1789. an Ordinance amending the Kalispell Zonin Ordinance No. 1677, by allowing private schools to be conditionally permitted uses in all commercial zones, and declaring an effective date. Council member — Rod Kuntz: Motion Council member — Jim Atkinson: 2nd Motion to amend Ordinance 1789 by striking "all commercial zones" from the main motion and replace it with B1 zone this would also eliminate the second whereas and make all necessary changes to Exhibit A for B2, B3, B4, B5 regulations and tables. Council Member — Phil Guiffrida: Motion Council Member - Chad Graham: 2nd Discussion on the amendment to the main motion. Vote on the amendment to the main motion. Council Member - Phil Guiffrida: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve 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 amendment to the motion passed unanimously on roll call vote with Council member Carlson absent. Page 5 of 9 Kalispell City Council Minutes, May 1, 2017 Vote on the main motion as amended. Council Member - Rod Kuntz: Motion Council Member — Jim Atkinson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve 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 main motion as amended passed unanimously on roll call vote with Council member Carlson absent. 5. Casa Mexico Conditional Use Permit °1 a This would approve a conditional use permit for LV Enterprises to have an accessory casino inside their restaurant at 1600 Highway 93 South. Senior Planner Jarod Nygren provided the staff presentation on this item. Public Comment Mayor Johnson opened general public comment. Seeing none, he closed public comment. Motion to approve a request from LV, Enterprises Inc. for conditional use permit KCU-17- 02, a conditional use permit for an accessory casino with the six conditions of approval recommended. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve 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 voice vote with Council member Carlson absent. 6. Northwest Automotive Conditional Use Permit Cz This would approve a conditional use permit from Peterson Holdings, LLC to expand their auto repair business to 20 Second Avenue East. Senior Planner Jarod Nygren provided the staff presentation on this item. Council began questions for staff. Page 6 of 9 Kalispell City Council Minutes, May 1, 2017 Public Comment Mayor Johnson opened general public comment. Seeing none, he closed public comment. Motion and Vote to approve a request from Peterson Holdings, LLC for conditional use permit KCU-17-01, a conditional use permit for auto repair with the six conditions of approval. Council Member - Rod Kuntz: Motion Council Member - Wayne Saverud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve 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 voice vote with Council member Carlson absent. 7. Appointments to the Downtown Business Improvement District Board a The Council will consider for approval the recommendations of the Mayor for appointments of a seven member Board of Directors to the new Kalispell Downtown Business Improvement District. blic Comment Mayor Johnson opened general public comment. Jon Fetveit, Public Comment Mr. Fetveit with the current Kalispell Downtown Business Improvement District Board provided a recommendation from the board asking that the Mayor nominate the required five members and ask that the other applicants participate in board meetings so the Council can meet with them prior to a recommendation for the last two members. He then offered recommendations for appointment. 08:25:39 PM (01:25:41) Mayor Johnson spoke regarding how he made the decision regarding who he would recommend for appointment to the new board. He then made the following recommendations for appointment: Jon Fetveit — 1 year term (presiding officer) Karen Sanderson — 2 year term Jarrod Shew — 4 year term Debbie Snyder — 2 year term Christopher Petersen — 3 years Eric Robbins — 3 years Jaysen Peters — 4 years Motion to approve the Mayoral recommendations (listed above). Page 7 of 9 Kalispell City Council Minutes, May 1, 2017 Council discussed the motion. Vote on the motion. Council Member - Phil Guiffrida: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Disapprove Council Member - Sandv Carlson: Absent Council Member - Wayne Saverud: Approve 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 on voice vote with Council member Carlson absent. 8. Appointment to the Planning Board tz The Council will consider for approval the recommendation of the Mayor for a position on the City Planning Board. Mayor Johnson recommended the appointment of George Giavasis. Councilor Guiffrida thanked Charles Pesola for his many years of thoughtful consideration and time volunteering on the Planning Board. Vote to approve the Mayoral recommendation. Council Member - Wayne Saverud: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandv Carlson: Absent Council Member - Wayne Saverud: Approve 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 voice vote with Council member Carlson absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Budget Work Sessions are scheduled for Monday, May 8, Wednesday, May10, and Thursday,May, 11, beginning at 6 p.m. Page 8 of 9 Kalispell City Council Minutes, May 1, 2017 • City Manager Russell announced that he will be hosting Flathead Valley Young Professionals May 2, and leading them through a negotiation scenario on a community development case study. Councilor Kuntz thanked the Mayor for holding the impact fee work session last week and thanked the citizens that provided productive public comment during that discussion. 01:40:47 Councilor Guiffrida mentioned a notice on the city Facebook page that Parks and Recreation is hosting a park clean up this Saturday, May 7 from 4 to 6 p.m. 01:42:35 Councilor Atkinson mentioned the sad, untimely loss of community leaders Jane Lopp and Jack Brown. I ADJOURNMENT Mayor Johnson adjourned the meeting at 8:43 p.m. .. .. vkp Aim —A Brunckhorst, CMC $EAL City Clerk = 7892 Minutes approved on May 15, 2017 UPCOMING SCHEDULE / FOR YOUR INFORMATION Budget Work Sessions — Monday, May 8, Wednesday, May 10, and Thursday, May 11, 2017, at 6:00 p.m. — Council Chambers Coffee or Cone with a Cop — Tuesday, May 9, 2017, at 5:30 p.m. — McDonald's, 2310 US 93 N Next Regular Meeting — May 15, 2017, at 7:00 p.m. — Council Chambers Coffee with the Chief — Tuesday, May 16, 2017, at 5:30 p.m. — Winchester Room at Sykes Diner, 202 2°d Avenue West 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 9 of 9