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12-04-17 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, December 4, 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: Present Council Member - Wayne Saverud: Present Council Member - Chad Graham: Present Council Member - Jim Atkinson: Present Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Present Council member Gabriel joined the meeting at 7:01 p.m. City staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, 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 - 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Page 1 of 9 Kalispell City Council Minutes, December 4, 2017 Council Member - Phil Guiffrida: Approve The motion passed unanimously on voice vote. 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 — November 20, 2017 a 2. Ordinance 1799 — Second Reading — Revisions to Prohibited Parking in Certain Areas 45 This Ordinance would revise Chapter 17-54 of the Municipal Code to restrict parking in bus loading zones during the hour's public transportation is running, and would revise the location of the bus stop at Imaginelf Library. "-4 3. Ordinance 1800 — Second Reading — Street Load Limit a This Ordinance would revise Chapter 17-121 of the Municipal Code regarding regulations for the size, height and weight of trucks on city streets and alleys. 4. Ordinance 1801 — Second Reading — Adopting Safe Routes to School a This Ordinance would adopt the October 2017 draft of the Hedges Elementary School Safe Routes to School Study as findings of fact and amend certain parking ordinances to be consistent with such findings. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to annrove the consent agenda as submitted. Council Member - Chad Graham: Motion Council Member - Jim Atkinson: 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 Council Member - 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. F. COMMITTEE REPORT - None. G. PUBLIC COMMENT Page 2 of 9 Kalispell City Council Minutes, December 4, 2017 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. Shawn Baker, Public Comment Mr. Baker of 2268 Mission Trail Road, former board member of the Flathead Valley Hockey Association provided an update on the Woodland Ice Center Rink reconstruction. He also thanked Council and staff for streamlining the special event alcohol permit reporting that Brewfest 2017 was a great success. Volunteers completed the rink for much less than the work was bid for, and the rink is now up and running with hockey season in full swing. Mr. Baker thanked Parks and Recreation staff for working with the Association on some work in the evening. Seeing no further public comment, Mayor Johnson 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. Resolution 5848 - Airport Lease Agreement This Resolution would authorize the City Manager to enter into a lease agreement with the airport users group conditioned upon the user group establishing their legal entity status and new leases with hangar owners within 120 days. City Manager Doug Russell provided a staff report on this item. Public Comment Mayor Johnson opened public comment. Richard Turbiak Public Comment Mr. Turbiak with Citizens for a Better Flathead feels this lease agreement process does not provide context. Mr. Turbiak is concerned that the lease does not have a mechanism to keep the users group accountable, and that the lease is not clear. He provided a list of conditions he feels should be met prior to the lease agreement being approved. Lloyd Barrie, Public Comment Mr. Barrie at 503 2" Avenue East spoke with concerns and questions about the financial aspects of the lease and the lack of time frames regarding what work and when would be completed and by whom. Mr. Barry has questions regarding what aspects would be financed with TIF funding and what financed by the users group. Mr. Barry would like to see the airport managed with safety and quality of experience in mind, but has concerns about expansion. Jeff Zahner, Public Comment Page 3 of 9 Kalispell City Council Minutes, December 4, 2017 Mr. Zahner of 37 Glacier Circle spoke in support of the lease agreement. He referenced a similarity with the Buffalo Hills Golf Association Lease. He spoke regarding the plans the Users Group have for improvements to the airport. He mentioned the School District's choice to build near the airport and related research. Christina Granrud, Public Comment Ms. Granrud of 535 East California is in total opposition to allowing B-2 aircraft at the city airport. She feels the lease agreement should prohibit all B-2 aircraft. She feels there should be more transparency in this agreement and how tax payers will be reimbursed. Mar.eene Barry, Public Comment Ms. Barry of 919 2" Avenue East spoke in opposition of a twenty year lease saying she prefers a five year lease with a liaison for citizen input. She is concerned that citizens will not have an advocate with the users group. Roxanna Brothers Public Comment Ms. Brothers of 786 41h Avenue WN is not in favor of a twenty year lease. She would like to see the airport closed within five years. She is not in favor of the elementary school being built near the airport as she has concerns about health and safety. Motion to approve Resolution 5848, a Resolution approving the Form of Lease Agreement between the City of Kalispell and the Kalispell Airport Users Group and authorizing the City Manager to execute said Lease on behalf of the City within 120 Days if Certain Conditions are Met. Council discussion on the motion. Vote on the motion to approve Resolution 5848. Council Member - Phil Guiffrida: Motion Council Member - Sandv 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Disapprove Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion passed on roll call vote with Council member Kuntz opposed. 2. Resolution 5846A, B or C — Adopt, Revise or Reiect Growth Policv Amendment Downtown Plan (Tabled at the November 20, 2017 MeetingJ In this action the City Council will consider a resolution that will adopt, revise or reject the Downtown Plan amendment to the Kalispell Growth Policy -- Plan It 2035. Motion and Vote to remove Resolution 4846A from the table. Page 4of9 Kalispell City Council Minutes, December 4, 2017 Council Member - Tim Kluesner: Motion Council Member - Jim Atkinson: 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 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion to remove from the table passed unanimously on voice vote. City Manager Russell provided a quick staff update on this item. Council began questions for staff. Public Comment Mayor Johnson opened public comment. Mike Merchant Public Comment Mr. Merchant of 288 4 th Avenue EN is strongly in favor of three lanes on Main Street and of the plan in general. He provided several suggestions regarding ways to ease congestion. Mr. Merchant said he feels the downtown plan is a huge step to making Kalispell one of the best places to retire and to further improve property values. Pam Carbonari, Public Comment Ms. Carbonari with the Business Improvement District and the Downtown Business Association mentioned the three years staff, the public, and council have spent working on the plan. She feels it is an excellent document and would urge the Council to adopt the plan. Seeing no further public comment, Mayor Johnson closed public comment. Motion to approve Resolution 5846A, a Resolution Adopting an Amendment to the Kalispell Growth Policy — Plan It 2035, to be known as the "Downtown Plan". Council began discussion on the motion. Vote on the motion. Council Member - Jim Atkinson: Motion Council Member - Wayne Saverud: 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 Page 5 of 9 Kalispell City Council Minutes, December 4, 2017 Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Vote to approve Resolution 5846A passed unanimously on roll call vote. Southside Estates Phase 2 Annexation and Zoning Request This item would approve a request from Team Development, LLC to annex 9.6- acres located at 2100 Airport Road into the city and zone the western 4.8-acre portion R-4 (Residential) and the eastern 4.8-acre portion RA-1 (Residential Apartment). Senior Planner Jarod Nygren presented the staff report on this item. Public Comment Mayor Johnson opened public comment. Rory Young, Public Comment Mr. Young with Jackola Engineering presented himself as the representative of the developer and volunteered to answer any questions that Council may have. Seeing no further public comment, Mayor Johnson closed public comment. a. Resolution 5849 —Annexation of Property at 2100 Airport Road Motion and Vote to approve Resolution 5849, 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 Tracts 2A and 2E in the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as more particularly described on Exhibit A, to be known as Southside Addition No. 433, to Zone said Property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. Council Member - Wayne Saverud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council Member - Chad Graham: Approve Council Member - 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 1802 — First Reading — Zoning Motion and Vote to approve the first reading of Ordinance 1802, an Ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance 1677, by Page 6 of 9 Kalispell City Council Minutes, December 4, 2017 Zoning certain real property described as Tracts 2A and 2E in the Southeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as more particularly described on Exhibit A Currently Zoned County R-1 (Residential) to City RA-1 (Residential Apartment) and City R-4 (Residential) in accordance with the Kalispell Growth Policy — Plan IT 2035, and to provide an effective date. Council Member - 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 Council Member - 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 1803 — First Reading - B-3 Core Area Rezone — Phase 5 This Ordinance would rezone property in the Core Area from B-2 (General Business) and I-1 (Light Industrial) to B-3 (Core Area Business) that includes 176 property ownerships. Senior Planner Jarod Nygren provided the staff report on this item. Council began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the first reading of Ordinance 1803, an Ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance 1677, by Zoning certain real property described as an area bounded on the North by the centerline of West Idaho (U.S. Hwy 2), on the West by the centerline of South Meridian Road, on the South by the southern lot lines of Tracts 2 and 3 of COS 13659 and the centerline of lst Street West, and on the East by a line following the centerline of 7th Avenue West extending from V Street West to West Idaho, excluding Lot 1 of Block 2 of COS 20375, located within Section 7 and Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 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: Approve Council Member - Jim Atkinson: Approve Council Member - Rod Kuntz: Approve Page 7 of 9 Kalispell City Council Minutes, December 4, 2017 Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve The motion passed unanimously on roll call vote. 5. Appointment to the Parking Advisory Board. Appointment of Matthew Brake to the Parking Advisory Board. Mayor Johnson recommended the appointment of Matthew Brake to the Parking Advisory Board. Motion and Vote to approve the appointment of Matthew Brake to the Parking Advisory Board. Council Member - Wayne Saverud: Motion Council Member - Jim Atkinson: 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 Council Member - 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. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following_ report: Next Work Session: Review of Design and Construction Standards especially for stormwater design Orientation for the new Council member has begun and will continue Wednesday. Mr. Russell will be attending meetings the city of Missoula will be having with the Department of Transportation regarding right-of-way issues. Councilor Guiffrida reported that a 911 Funding Committee Meeting will be held by the County on Wed., Dec. 141h at 4 p.m. at the 911 Center. He will not be in attendance since the meeting is being held during regular working hours and he has employment obligations. Councilor Kuntz informed Council he will not be available for the Salvation Army bell ringing. Mayor Mark Johnson provided the following report: • Mayor Johnson thanked the County Commissioners for approving the agreement between FCEDA and CHS for financing CHS's relocation. • The Holiday Stroll and Art Walk was a successful event for downtown Kalispell. • Mayor Johnson spoke regarding frustrations about the way some public comment is relayed to the Council. He asked that the public comment on issues early in the process Page 8 of 9 Kalispell City Council Minutes, December 4, 2017 and that the public research the issue. He encouraged the public to have conversations with Council members. I ADJOURNMENT Seeing no further business, Mayor Johnson adjourned the meeting at 8:52 p.m. UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — December 11, 2017, at 7:00 p.m. — Council Chambers Next Regular Meeting — December 18, 2017, at 7:00 p.m. — Council Chambers ' t�a�ul11 � raaaaa®ia Aim e Brunckhorst, CMC` City Clerk 1$9.2 Minutes approved on Decemb`qq 1 k;•2U 1 4' R f 1111WAO Page 9 of 9