06-05-17 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES
Monday, June 5, 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 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, Finance
Director Rick Wills, 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.
Page 1 of 11
Kalispell City Council Minutes, June 5, 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.
z"A
Council Minutes — May 15, 2017 a
2. Confirmation of Police Officer Max Battle C=
This item would confirm the successful completion of the one year probationary
period for Officer Max Battle.
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 - Wayne Saverud: Motion
President - Jim Atkinson: 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
the consent agenda as submitted passed unanimously on voice vote
with Council member Carlson absent.
07:02:12 PM (00:02:40) Police Chief Roger Nasset introduced newly confirmed Police Officer
Max Battle.
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. 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.
Page 2 of 11
Kalispell City Council Minutes, June 5, 2017
1. Stillwater Bend — Growth Policy Amendment, Annexation and Zoning_ to
This item would consider a growth policy amendment, annexation and initial
zoning request from Spartan Holdings, LLC for property located on the west side
of U.S. 93 North at the intersection of Rose Crossing and U.S. 93 North.
Senior Planner Jarod Nygren presented the staff report on this item.
Council questions for staff.
Councilor Atkinson began questions for staff.
Public Comment
Mayor Johnson opened public comment.
07:13:43 PM (00:14:10) Bruce Lutz, Public Comment
Mr. Lutz with WGM Properties presented himself to Council for questions on behalf of the
applicant.
Seeing no further public comment, Mayor Johnson closed public comment.
a. Resolution 5813A, B or C — Adopt, Revise or Reject Growth Policy
Amendment
This Resolution would adopt, revise or reject the growth policy
amendment request.
Motion to approve Resolution 5813A, a Resolution adopting an amendment to the Kalispell
Growth Policy 2020 on 56 acres of property located at 2890 Highway 93 North in Flathead
County, Montana, by changing the designation of land from "Suburban Residential' to
"Urban Mixed Use", to be known as the Stillwater Bend Growth Policy Amendment.
Council Member -
Tim Kluesner: Motion
Council Member -
Phil Guiffrida: 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 roll call vote with Council member Carlson
absent.
b. Resolution 5814 — Annexation
This Resolution would annex 56-acres of land into the city.
Page 3 of 11
Kalispell City Council Minutes, June 5, 2017
Motion to approve Resolution 5814, 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 assessor's tracts 1F and 3A in Section 25, Township 29 North, Range
22 West, P.M.M., Flathead County, Montana and Assessor's Tract 2B in Section 24,
Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as
Stillwater Bend Addition No. 428; to zone said property in accordance with the Kalispell
Zoning Ordinance, and to declare an effective date.
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 roll call vote with Council member Carlson
absent.
c. Ordinance 1790 — First Reading - Initial Zoning
This Ordinance would place initial zones of B-2 (General Business) on 19
acres and RA-2 (Residential Apartment/Office) on 37 acres with a PUD
Placeholder Overlay Zone for the entire 56-acre site.
Motion to approve the first reading of Ordinance 1790, an ordinance to amend Section
27.02.010, official zoning map, city of Kalispell Zoning Ordinance 1677, by zoning certain
real property currently zoned County SAG-10 (Suburban Agriculture) to City B-2
(General Business) and RA-2 (Residential Apartment/Office) and as more particularly
described on Exhibit "A" in sections 24 and 25, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana, and by attaching a Planned Unit Development overlay
to that real property in accordance with the Kalispell Growth Policy 2020, and to provide
an effective date.
Council Member -
Chad Graham: Motion
President - 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
Page 4 of 11
Kalispell City Council Minutes, June 5, 2017
The motion to approve passed unanimously on roll call vote with Council member Carlson
absent.
2. Owl View Estates Conditional Use Permit Ca
This would approve a conditional use permit application from Owl Corp. for
multi -family apartments within the RA-2 zoning district located within the
Westview Estates Subdivision.
Senior Planner Jarod Nygren provided the staff report on this item.
Council questions for staff.
Council member Guiffrida asked questions of staff.
Council member Atkinson asked questions of staff.
Public Comment
Mayor Johnson opened general public comment.
Alex Stevens, Public Comment
Mr. Stevens of 120 Alley Loop spoke in opposition to this item explaining in detail his position.
Eric Mulcahy, Public Comment
Mr. Mulcahy with Sands Surveying spoke on behalf of the applicant explaining the development
process they have gone through to this point and further describing the project.
Seeing no further public comment, Mayor Johnson closed public comment.
Motion to approve a request from Owl Corporation for Conditional Use Permit KCU-17-
03, a conditional use permit for a forty (40) unit multi -family protect with nine (9)
conditions of approval within the RA-2 Zoning District. The subject property is located
within Tract 5 of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead
County, Montana.
Council member Atkinson asked staff to confirm neighborhood noticing.
Council member Kuntz continued clarification on noticing.
Council member Guiffrida began discussion on the motion.
Vote on the 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: Annrove
Page 5 of 11
Kalispell City Council Minutes, June 5, 2017
Council Member - Rod Kuntz: Approve
Council Member - Tim Kluesner: Approve
Council Member - Phil Guiffrida: Approve
The motion passed unanimously on voice vote with Council member Carlson absent.
I.�,
Ross - Annexation and Initial Zoning_ - - Cz
This item would consider a request from Stanley and Clarene Ross to annex the
southerly 4-acre portion of a 5-acre parcel at the 500 block of Sunnyside Drive
and zone the land R-4 (Residential).
Senior Planner Jarod Nygren provided the staff report on this item.
Council member Atkinson left the meeting.
Council member Kluesner began questions for staff.
Public Comment
Mayor Johnson opened general public comment.
a. Resolution 5815 — Annexation
This Resolution would approve annexing a 4-acre portion of property at
the 500 block of Sunnyside Drive.
Motion to approve Resolution 5815, 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 the southern 605 feet of lot 3 in the Insteness Subdivision in Section
19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana to be known
as Ross Addition No. 429; to zone said property in accordance with the Kalispell Zoning
Ordinance, and to declare an effective date.
Council Member - Tim Kluesner: Motion
Council Member - Phil Guiffrida: 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: Absent
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 Carlson
and Council member Atkinson absent.
b. Ordinance 1791 — First Reading — Initial Zoning
This Ordinance would approve initial zoning of R-4 (Residential) upon
annexation.
Page 6 of 11
Kalispell City Council Minutes, June 5, 2017
Motion to approve the first reading of Ordinance 1791, an Ordinance to amend Section
27.02.010, official zoning map, city of Kalispell zoning ordinance 1677, by zoning certain
real property described as the southern 605 feet of lot 3 and the northern 150 feet of lot 3 of
Insteness Subdivision in Section 19, Township 28 North, Range 21, West, P.M.M., Flathead
County, Montana (currently zoned County R-1 (Residential) and City R-1 (Residential) to
City R-4 (Residential) in accordance with the Kalispell Growth Policy 2020, and to provide
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: Absent
Council Member
- Wayne Saverud: Approve
Council Member
- Chad Graham: Approve
President - Jim Atkinson: Absent
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 Carlson
and Council member Atkinson absent.
Council member Atkinson returned to the meeting.
4. Davison Development Conditional Use Permit <o
This would approve a conditional use permit application from Davison
Development for a 108-unit multi -family residential project within the B-1
Zoning District at 41 Meridian Court.
Senior Planner Jarod Nygren provided the staff report on this item.
Council member Atkinson began questions for staff.
Council member Kluesner continued questions for staff.
Public Comment
Mayor Johnson opened public comment.
07:57:59 PM (00:58:26) Rory Young, Public Comment
Mr. Young with Jackola Engineering and Architecture presented himself to Council for
questions on behalf of the applicant.
Public Comment Closed
Seeing no further public comment, Mayor Johnson closed public comment.
Motion to approve a request from Davison Development for Conditional Use Permit KCU-
17-05, a conditional use permit for a 108-unit multi -family project with eleven (11)
conditions of approval within the B-1 Zoning District located within Lots 11,12, 13, 14 and
Page 7 of 11
Kalispell City Council Minutes, June 5, 2017
the north 50 feet of Lot 15, excepting therefrom the east 188.1 feet of said lots, of Hollister
Meridian Tracts in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana.
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.
5. Resolution 5816 - Northland Subdivision Preliminary Plat Reauest a
This Resolution would approve a request from Bridgeland Development to create
a ninety lot residential development along the western boundary of Northland
Drive.
Senior Planner Jarod Nygren provided the staff report on this item.
Questions for staff.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Bruce Lutz, Public Comment
Mr. Lutz with WGM Group spoke on behalf of the applicant and provided some background on
the project.
Motion to approve Resolution 5816, a resolution conditionally approving the preliminary
Plat of Northland Phase 5, located at the western boundary of Northland Drive in Section
1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
Council member Atkinson provided discussion on the motion.
Council member Kuntz provided discussion on the motion.
Mayor Johnson provided discussion on the motion.
Vote on the motion.
Council Member - Wayne Saverud: Motion
Council Member - Kari Gabriel: 2nd
Mayor - Mark Johnson: Approve
Page 8 of 11
Kalispell City Council Minutes, June 5, 2017
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 passed unanimously on roll call vote with Council member Carlson absent.
6. Resolution 5817 — Water RevolvinLy Loan Fund Bonds with Montana Deuartment
of Natural Resources and Conservation - Fourth Avenue East Water Project a
This Resolution would authorize the City Manager to execute necessary
agreements to finalize a loan for the Fourth Avenue East Water Project.
City Manager Russell provided the staff report on this item.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Motion to approve Resolution 5817, a resolution relating to $2,984,000 Water System
Revenue Bonds Series 2017A from the DNRC Drinking Water State Revolving Loan
Program.
Council Member - Tim Kluesner: 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: ADDrove
The motion passed unanimously on roll call vote with Council member Carlson absent.
7. Resolution 5818 — Resolution of Intent - Draft Growth Policv Update — Plan it
2035 a
This Resolution declares council intent to adopt, revise or reject the proposed
draft Growth Policy — Plan It 2035 update and call for a public hearing on June
19, 2017.
City Manager Doug Russell provided a brief report on this item.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Page 9 of 11
Kalispell City Council Minutes, June 5, 2017
Motion to approve Resolution 5818, a resolution of intention to adopt, revise or reject an
amendment to the Kalispell Growth Policy 2020 by adopting the updated Growth Policy —
Plan It 2035 document for the City of Kalispell and calling for a public hearing.
Council Member -
Chad Graham: Motion
President - 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 motion to approve
passed unanimously on roll call vote with Council member Carlson
absent.
I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Manager Doug Russell provided the following report:
• A new projector has been installed in Council Chambers and a new screen is
being installed shortly.
• Core and Rail Project Update — Burlington Northern has filed for rail
abandonment. The City then took the next step to ask for interim use of the rail.
Bid requests are out with FCEDA and with the Glacier Rail Park construction.
• Next work Session: Urban Forestry and Storm Water Assessments.
Council member Kuntz spoke regarding the neighborhood discussion at Imaginelf Library on
`fake news' and the need for everyone to be a critical observer and critical reader.
He then spoke regarding the Daily Inter Lake Opinion Article regarding the 3rd Avenue East
switch from a one-way to a two-way.
01:21:30 Council member Kluesner spoke in opposition to name calling in the local papers and
also spoke regarding the 3rd Avenue East switch to two-way traffic.
Mayor Mark Johnson provided the following report:
• Michael Downs with the Boy Scouts was present at the meeting.
J. ADJOURNMENT
Mayor Johnson adjourned the meeting at 8:24 p.m.
Page 10 of 11
Kalispell City Council Minutes, June 5, 2017
Aimet Brunckhorst, CMC
City Clerk
Minutes approved on June 19, 2017
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Next Work Session — June 12, 2017, at 7:00 p.m. — Council Chambers
Next Regular Meeting — June 19, 2017, at 7:00 p.m. — Council Chambers
Coffee with the Chief — Tuesday, June 20, 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 11of11