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12-05-16 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, December 5, 2016 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: 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, Planner II PJ Sorensen, and Chief of Police Roger Nasset. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion 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: Approve 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 voice vote. E. CONSENT AGENDA Page 1 of 9 Kalispell City Council Minutes, December 5, 2016 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 — Regular Meeting — November 21, 2016 C= Motion to approve the consent agenda as submitted. President - Jim Atkinson: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: ADDrove Council Member - Phil Guiffrida: Approve The motion to approve the consent agenda passed unanimously on voice vote. 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 public comment. Seeing none, he closed public comment. H. PUBLIC HEARINGS 1. Proposed Amendment to the Public Works Desicn & Construction Standards 14M Council will hold a public hearing and accept comments concerning proposed amendments to the 2015 City of Kalispell Standards for Design and Construction. 07:02:08 PM (00:03:01) Mayor Johnson opened the public hearing. Seeing no public comment, he closed the public hearing. 2. Kalispell Police Department Budget Amendment Council will hold a public hearing and accept public comment concerning a proposed amendment to the Police Department Budget. See action item L I. for further details_ 07:02:40 PM (00:03:34) Page 2 of 9 Kalispell City Council Minutes, December 5, 2016 Mayor Johnson opened the public hearing. Seeing no public comment, he 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. Resolution 5791 — Budget Amendment — Kalispell Police Department 4z This Resolution would approve amending the annual appropriations in the 2016 2017 City of Kalispell budget to fund two additional law enforcement positions beginning in January for the balance of the fiscal year. City Manager Doug Russell provided background on this item. Public Comment Mayor Johnson opened public comment on this item. Seeing none, he closed public comment. 07:04:47 PM (00:05:40) Councilor Kluesner began questions for staff regarding timing of hiring. Councilor Guiffrida moved and Councilor Carlson seconded to approve Resolution 5791, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2016-2017 budget adopted by the City Council. 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: 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. 2. Ordinance 1778 — Second Reading Continued — Short Term Rentals (Vacation ax Rentals By Owner) a This ordinance would amend the Kalispell Zoning Code by recognizing Short Term Rental use as conditionally permitted in residential zones through an administrative process. Ordinance 1778 passed first reading on November 7 with several amendments on a 4-3 vote, and was tabled November 21 during second reading. Councilor Saverud moved and Councilor Gabriel seconded to remove Ordinance 1778 from the table. Council Member - Wayne Saverud: Motion Council Member - Kari Gabriel: 2nd Page 3 of 9 Kalispell City Council Minutes, December 5, 2016 Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: A Council Member - Sandy Carlson: Approve 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 remove Ordinance 1778 from the table passed unanimously on roll call vote. The following motions were still on the table from the November 21, 2016, council meeting: Councilor Kuntz moved and Councilor Gabriel seconded a motion to approve Ordinance 1778, an Ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1677) at Kalispell Municipal Code Sections 27.20.095 Short Term Residential Rental Standards and 27.37.10 definitions as set forth in Exhibit "A", and declaring an effective date. An amendment to the main motion was made by Councilor Kluesner seconded by Councilor Gabriel to strike item (3) from the Ordinance, "The residential dwelling unit to be utilized for short term rental shall be the primary residence of the property owner in the R-1, R-2, R-3, R-4, and R-5 zones." 07:07:47 PM (00:08:41) Councilor Kluesner made a friendly amendment to his original amendment to the main motion. Councilor Gabriel, as the seconder for the original amendment agreed to the friendly amendment. The amendment now reads: A motion to strike item (3) from the Ordinance, "The residential dwelling unit to be utilized for short term rental shall be the primary residence of the property owner in the R- 1, R-2, R-3, R-4, and R-5 zones." And replacing with the following language: "no more than 2 % of the residences in all of the R zones in the city of Kalispell may be used for the purpose of short term rental business." Councilor Kluesner began discussion on the friendly amendment to the amendment to the main motion. Council continued discussion on the amendment on the table. Vote on the amendment to the main motion. Council Member - Tim Kluesner: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Disapprove Page 4 of 9 Kalispell City Council Minutes, December 5, 2016 President - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Disapprove The amendment to the motion passed on roll call vote with Council members Graham and Guiffrida opposed. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:30:22 PM (00:31:15) Discussion on the original motion as amended. Vote on the original motion as amended. Councilor Kuntz moved, Councilor Gabriel seconded to approve Ordinance 1778, an ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1677) at Kalispell Municipal Code Sections 27.20.095 Short Term Residential Rental Standards and 27.37.10 definitions as set forth in Exhibit "A", and declaring an effective date. Council Member - Rod Kuntz: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Disapprove President - Jim Atkinson: Approve Council Member - Rod Kuntz: Aonrove Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion to approve the main motion as amended passed on roll call vote with Councilor Graham opposed. For clarification purposes, the main motion with the friendly amendment that passed on roll call vote is as follows: Approve Ordinance 1778, an ordinance amending the Kalispell Zoning Ordinance (Ordinance No. 1677) at Kalispell Municipal Code Sections 27.20.095 Short Term Residential Rental Standards and 27.37.10 definitions as set forth in Exhibit "A" and declaring an effective date; with the amendment to strike item (3) from the Ordinance, "The residential dwelling unit to be utilized for short term rental shall be the primary residence of the property owner in the R-1, R-2, R-3, R-4, and R-5 zones." and replace with the following language: "no more than 2 % of the residences in all of the R zones in the city of Kalispell may be used for the purpose of short term rental business." Lofts at Ashley Annexation and Zoning « This item would annex a 3.79 acre parcel at 2050 Airport Road into the city and begin the process of initial zoning. Page 5 of 9 Kalispell City Council Minutes, December 5, 2016 Senior Planner Jarod Nygren provided the staff presentation on this item. 07:40:22PM (00:41:16) Council began questions for staff. a. Resolution 5792 — Annexation of 3.79 acre parcel at 2050 Airport Road 07:41:42 PM (00:42:35) Public Comment Mayor Johnson opened public comment. Sonya Brown, Public Comment Ms. Brown on Ruddy Duck Road spoke regarding the integrity of the neighborhood and how the project planned for this space would completely change the neighborhood. Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. 07:43:32 PM (00:44:26) Council member Atkinson moved, Council member Carlson seconded to approve Resolution 5792, 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 Tract 1of Certificate Of Survey 20138of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, To Be Known As Lofts At Ashley Addition No. 426; To Zone Said Property In Accordance With The Kalispell Zoning Ordinance, And To Declare An Effective Date. Councilor Atkinson began questions for staff. 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: 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. b. Ordinance 1782 - First Reading — Initial Zoning of RA-1 at 2050 Airport Road Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Page 6 of 9 Kalispell City Council Minutes, December 5, 2016 07:46:12 PM (00:47:05) Councilor Kluesner moved, and Councilor Gabriel seconded to approve Ordinance 1782, an Ordinance to Amend Section 27.02.010, Official Zoning Map, City Of Kalispell Zoning Ordinance, (Ordinance No. 1677), By Zoning Certain Real Property Described As Tract lof Certificate Of Survey 20138of Section 19, Township 28 North, Range 21 West, Flathead County, Montana, (Currently Zoned County R-4 (Two Family Residential) To City Ra-1 (Residential Apartment)) In Accordance With The Kalispell Growth Policy 2020, And To Provide An Effective Date. Council Member - Tim Kluesner: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve 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. 4. Ordinance 1783 — First Reading - Core Area Rezoning to B-3 a This Ordinance would rezone 72 lots from B-2 (General Business) to B-3 (Core Area Business) and 10 lots from B-4 (Central Business) to B-3 (Core Area Business, all within the core area of Kalispell. Senior Planner Jarod Nygren provided the staff presentation on this item. 07:53:32 PM (00:54:26) Public Comment Mayor Johnson opened public comment. Joe Unterreiner, Public Comment Mr. Unterreiner, CEO of the Kalispell Chamber of Commerce spoke in favor of creating higher densities in this area saying it was an appropriate use of this area. He spoke regarding the importance of creating affordable housing and how zoning may be able to help with that. 07:55:13 PM (00:56:07) Public Comment Closed. Seeing no further public comment, Mayor Johnson closed public comment. 07:55:23 PM (00:56:16) Councilor Saverud moved and Councilor Gabriel seconded to approve Ordinance 1783, An Ordinance To Amend Section 27.02.010, Official Zoning Map, City Of Kalispell Zoning Ordinance, (Ordinance No. 1677), By Zoning Certain Real Property Described As An Area Bounded On The North By The Center Line Of Us Highway 2 (Idaho Street), On The West By Us Highway 93 (Main Street), On The South By The Center Line Of Center Street And On The East By The Center Line Of 3rd Avenue East North, Excluding Lots 13-20 Of Block 16, Kalispell Original Townsite All Located Within Section 7, Township 28 North, Range 21 West, Pmm, Flathead County, Montana. Page 7 of 9 Kalispell City Council Minutes, December 5, 2016 Councilor Atkinson began discussion on the motion. Vote on the motion. Council Member - Wayne Saverud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve 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. 5. City Representative Recommendation to the Flathead Countv Solid Waste District us Board 4�o Council will consider recommending Council Member Tim Kluesner to continue representing the city on the Flathead County Solid Waste District Board. 07:58:56 PM (00:59:50) Councilor Atkinson moved, Councilor Carlson seconded to recommend Council Member Tim Kluesner to represent the city on the Flathead County Solid Waste District Board. 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: 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 was approved unanimously on voice vote. J• CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City ManagerDoug Russell provided the following report: Next week's work session will include an update on the lighting program; and options and opportunities related to a dog park as included in the South Kalispell Urban Renewal Plan and will include discussions with the nonprofit Paws to Play. Mr. Russell will be traveling to Helena in the upcoming weeks to attend an Infrastructure Coalition Board Meeting and an Inoperability Governing Board meeting. Page 8of9 Kalispell City Council Minutes, December 5, 2016 08:01:58 PM (01:02:52) Council member Graham said he has spent eight years on the Planning Board and many hours visiting planning staff at city hall. As a show of appreciation, he then provided Planning Director Tom Jentz with a gift of a `window' for his windowless office. 08:03:27 PM (01:04:21) Councilor Kuntz spoke in opposition to public comment that was provided to the Council regarding an opinion that Kalispell is not a resort town. 08:06:36 PM (01:07:30) Mayor Johnson invited Mr. Unterreiner to provide a report. 08:07:27 PM (01:08:20) Joe Unterreiner, CEO with the Kalispell Chamber of Commerce provided Council with the final Economic Impact Report for the Health Care Sector to the Flathead Economy. He then provided details from the report. Mayor Johnson spoke on the following subjects: After hearing the calculation of the impact fee on the originally proposed apartment complex related to the rezoning that was considered tonight off Airport Road. Mr. Johnson questioned the long term sustainability of future funding of bonding on impact fees. The importance of remembering the 751h Anniversary of the day that Pearl Harbor was bombed, coming up on December 7. He spoke regarding the sacrifices that generation made and asked everyone to remember Pearl Harbor Day and those who sacrificed and remember their place in history. K. ADJOURNMENT Seeing no further business, Mayor Johnson adjourned the meeting at 8:17 p.m. UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — December 12, 2016, at 7:00 p.m. — Council Chambers Next Regular Meeting — December 19, 2016, 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. Aimbe Brunckhorst, CMC City Clerk Minutes approved on: December 19, 2016 :cPSEAL o��� '•� s �ONTOA .` (dddl3li Page 9of9