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03-05-18 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, March 5, 2018, 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 President - Chad Graham: Present Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Present Council Member - Kyle Waterman: Present Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Zoning Administrator PJ Sorensen, Public Works Director Susie Turner, City Engineer Keith Haskins, Finance Director Rick Wills, and Interim Police Chief Wade Rademacher. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda. Council Member - Phil Guiffrida: 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 President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Page Iof11 Kalispell City Council Minutes, March 5, 2018 Council Member - Kyle Waterman: 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. 1. Council Minutes — February 20, 2018 a Motion and Vote to approve the consent agenda as submitted. Council Member - Wayne Saverud: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion 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 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. Resolution 5854 — Land Transfer — Agreement with Mick and Kevin Morin a This Resolution would approve the sale of city owned property as an exchange for a reservation of easement to serve the west side sewer interceptor service. City Manager Doug Russell provided background on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Page 2 of 11 Kalispell City Council Minutes, March 5, 2018 Motion and Vote to approve Resolution 5854, a Resolution approving the Sale of City Owned Property as an Exchange for a Reservation of Easement to serve the West Side Sewer Interceptor Service. Discussion on the motion. Vote on the motion. Council Member - Rod Kuntz: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. 2. Ordinance 1804 — First Reading - Modification of West Side Urban Renewal Plan IZA to Add the Core Area Plan a This ordinance would add the Core Area Plan and its identified projects, previously approved by the City Council by resolution, to the West Side Urban Renewal Plan. City Manager Doug Russell provided background 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 1804, an Ordinance relating to the Modification of the West Side Urban Renewal Plan to incorporate the Core Area Plan and to approve a Proiect as an Urban Renewal Project. Discussion on the motion. Vote on the motion. Council President - Chad Graham: 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 President - Chad Graham: Approve Page 3 of 11 Kalispell City Council Minutes, March 5, 2018 Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. 3. Resolution 5855 — Montana Board of Investments Loan — Custom Fire Pumper a This Resolution would authorize a loan with the Montana Board of Investments Intercap Loan Program to finance the purchase of a Custom Fire Pumper. City Manager Doug Russell provided background 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 Resolution 5855, a Resolution authorizing participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (Intercap Revolving Program), Approving the form and terms of the Loan Agreement and authorizing the execution and delivery of documents related thereto. Council Member - Wayne Saverud: 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 President - Chad Graham: Approve Council Member - Council Member - Rod Kuntz: Approve Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. 4. Crossings at Spring Creek Annexation, Zoning, and Conditional Use Permit Ca This item considers a request from Brytech Construction, LLC to annex a 15-acre parcel and zone the land RA-2 (Residential Apartment/Office) upon annexation; then considers a conditional use permit for a 324-unit multi -family apartment complex. The property is located immediately west of Glacier Street, Yellowstone Street, and Teton Street. Senior Planner Jarod Nygren provided the staff report on this item. Council began questions for staff. Page 4 of 11 Kalispell City Council Minutes, March 5, 2018 Public Comment Mayor Johnson opened public comment. Marilyn Driscoll, Public Comment Mrs. Driscoll of 22 Glacier Street spoke in opposition to this project. Janice Rauthe, Public Comment Ms. Rauthe of 6 Glacier Street spoke in opposition to this project. Diane Etter, Public Comment Ms. Etter of 301 Aspen Loop spoke in opposition to this project. Keith Ridgeway, Public Comment Mr. Ridgeway of 18 Glacier Street spoke in opposition to this project. Todd Whipple, Public Comment Mr. Whipple, representing the applicant for this project answered questions posed by Council and the public and spoke to the merits of his project and the concerns of the public. Leroy Doty, Public Comment Mr. Doty of 445 Meadow Hills Drive spoke in opposition to this project. Craig Seminoff, Public Comment Mr. Seminoff of 335 Adams Street in Lakeside and owner of a 4 plex on Hawthorne Avenue spoke in opposition to this project. Martha Seminoff, Public Comment Ms. Seminoff of Lakeside spoke in opposition to this project. Kelly Mower, Public Comment Ms. Mower of 19 Iris Court spoke in opposition to this project. Mary Miller, Public Comment Ms. Miller of 30 Teton Street spoke in opposition to this project. Seeing no further public comment, Mayor Johnson closed public comment. a. Resolution 5856 — Annexation Motion and Vote to approve Resolution 5856, 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 1 of Certificate of Survey #20690 in Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana, to be known as Crossings at Spring Creek Addition No. 434, to Zone said property in accordance wth the Kalispell Zoning Ordinance, and to declare an effective date. Council began discussion on the motion. Page 5 of 11 Kalispell City Council Minutes, March 5, 2018 Vote on the motion. Council Member - Phil Guiffrida: Motion Council President - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Council Member - Rod Kuntz: Approve Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. b. Ordinance 1805 — First Reading — Zoning Motion and Vote to approve the first reading of Ordinance 1805, an Ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance No. 1677, by zoning certain real property described as Tract 1 of Certificate of Survey #20690 in Section 12, Township 28North, Range 22 West, P.M.M., Flathead County, Montana, currently zoned County R-1 (Suburban Residential) to City RA-2 (Residential Apartment/Office) in accordance with the Kalispell Growth Policy — Plan it 2035, and to provide an effective date. Council began discussion on the motion. Vote on the motion. Council President - Chad Graham: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. c. Conditional Use Permit Motion and Vote to Approve a request from Brytech Construction, LLC for conditional use permit KCU-17-10, a conditional use permit for a 324-unit multi -family project with 17 conditions of approval. Page 6 of 11 Kalispell City Council Minutes, March 5, 2018 Discussion on the motion. Vote on the motion. Council Member - Phil Guiffrida: Motion Council President - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Disapprove The motion passed on roll call vote with Councilor Waterman opposed. 5. Resolution 5857 - Southside Estates Phase 2 Preliminary Plat Request a This item considers a request from Team Development, LLC for a major subdivision located at 2100 Airport Road that would subdivide 9.6-acres into 30 residential lots that are broken up into 4 single-family lots and 26 townhouse lots. A block length variance is also being requested. Senior Planner Jarod Nygren provided the staff report on this item. Public Comment Mayor Johnson opened public comment. Rory Young, Public Comment Mr. Young, representing Jackola Engineering spoke on behalf of the applicant. Seeing no further public comment, Mayor Johnson closed public comment. 02-36-08 Motion and Vote to approve Resolution 5857, a Resolution conditionally approving the Preliminary Plat of Southside Estates Phase 2, described as Tracts 2E and 2A in the southeast quarter of the southeast quarter of Section 19, Township 28 North, Range 21 West, P.M., Fhatead County, Montana. Discussion on the motion. Vote on the motion. Council President - Chad Graham: 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 Page 7 of 11 Kalispell City Council Minutes, March 5, 2018 Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. La 6. Jorgenson Annexation and Initial Zoning_ Cz This item considers the annexation of 0.597 acres to be zoned R-4, and a change in zoning for 0.278 adjacent acres from City RA-2 (Residential Apartment/Office) to R-4 (Residential) located at 1373 Whitefish Stage Road. Zoning Administrator PJ Sorensen provided the staff report on this item. Council began questions for staff. Public Comment Mayor Johnson opened public comment. Ara Jorgenson, Public Comment Ms. Jorgenson, applicant on this project introduced herself and stated she was available for questions. Seeing no further public comment, Mayor Johnson closed public comment. a. Resolution 5858 — Annexation Motion and Vote to approve Resolution 5858, 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 Lot 2 of Amended Plat of Lots 1 & 2, Subdivision 150, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, to be known as Jorgenson Addition 435, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. Discussion on the motion. Vote on the motion. Council Member - Rod Kuntz: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Page 8 of 11 Kalispell City Council Minutes, March 5, 2018 Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. b. Ordinance 1806 — First Reading — Zoning Motion and Vote to approve the first reading of Ordinance 1806, an Ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property described as Lot 2 of amended plat of Lots 1 & 2, Subdivision 150, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, currently Zoned County RA-1 (Residential) to City R-4 (Residential) and City RA-2 (Residential Apartment/Office) to R-4 (Residential) in accordance with the Kalispell Growth Policy — Plan It 2035, and to provide an effective date. Council Member - Kari Gabriel: 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 President - Chad Graham: Approve Council Member - Council Member - Rod Kuntz: Approve Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. Resolution 5859 — Resolution of Intent to hold a Public Hearing for Amendments m to the Water Regulations a This Resolution would call for a public hearing on April 2, 2018, for proposed amendments of the 2017 City of Kalispell Rules and Regulations Governing Water Service. Public Works Director Susie Turner provided background on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 02:51:47 Motion and Vote to approve Resolution 5859, a Resolution of Intent to adopt certain amendments to the Regulations of the City Water Utility in order to be consistent with the recently updated Design and Construction Standards and calling for a Public Hearing. 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 Page 9 of 11 Kalispell City Council Minutes, March 5, 2018 Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. 8. Appointment to the Planning Board a This item considers approval of a recommendation provided by the Mayor for a position on the City Planning Board with a term to expire April 30, 2019. Mayor Johnson recommended the appointment of Kurt Vomfell to the Planning Board. Motion and Vote to approve the Mayoral recommendation of Kurt Vomfell to the Planning Board. Council Member - Wayne Saverud: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager provided the following report: • Montana Department of Transportation (MDOT) announced that setting up a Downtown Steering Committee has been postponed until the working group looking at right-of-way related policies has concluded. • A Legislative Audit on Statewide Tax Increment Finance Districts was released. Mr. Russell discussed the findings listed in the audit. Mr. Russell will be speaking on this subject before the Joint Interim Committee. • Next council work session: Review Recreation Programming Fees • Mr. Russell reported that initial costs for design and construction materials for relocating NW Drywall will be coming through shortly. He spoke regarding items that would come back before council for the core and rail redevelopment project. Councilor Waterman expressed interest in work session discussions regarding pedestrian access. Page 10 of 11 Kalispell City Council Minutes, March 5, 2018 The Mayor provided the following_ report: The Mayor spoke regarding basing council decisions on the ordinances and rule of laws that must be abided by. Mayor Johnson also looks forward to discussing ways to improve pedestrian/bicycle access throughout the city. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:59 p.m. UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — March 12, 2018, at 7:00 p.m. — Council Chambers Next Regular Meeting — March 19, 2018, 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. Ai ee Brunckhorst, CMC City Clerk Minutes approved on March 19, 2018 Page 11 of 11