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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