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05-07-18 City Council Meeting MinutesCITY COUNCIL MEETING MINUTES Monday, May 7, 2018, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Council President Chad Graham called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Wayne Saverud: Absent Council President - Chad Graham: Present Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Present Council Member - Kyle Waterman: Absent Staff members present included City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Tom Jentz, Senior Planner Jarod Nygren, Public Works Director Susie Turner, 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: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Absent Page 1 of 11 Kalispell City Council Minutes, May 7, 2018 The motion passed unanimously on voice vote with Council members Saverud and Waterman absent and Mayor Johnson absent. 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. d. 1. Council Minutes — April 16.2018 ❑ 2. Award Bid for Asphalt Material a This item would award a bid for 2018 asphalt materials to LHC, Inc. X. 3. Award Bid for Inflow and Infiltration Mitigation a This item would award a bid for a sanitary sewer rehabilitation project to Insituform Technologies in the amount of $186,358.00. 4. Award Bid for Westside Sewer Interceptor Proiect Schedule 1 throuLyh 3 °1 This item would award Schedule 1 for this project to LHC, Inc. in the amount of $3,322,741.09, Schedule 2 to Downing Underground, Inc. in the amount of $2,996,500.00, and Schedule 3 to Sandry Construction in the amount of $2,985,000.00. 5. Postpone Bid Award for Westside Sewer Interceptor Proiect Schedules 4 and 5 a This item would delay the bid award for this project schedules 4 and 5 until the May 21, 2018 City Council meeting. 6. Construction Agreement with the Montana Department of Transportation I. . a Approval of this agreement would delineate operation and maintenance responsibilities of the State and the City for urban routes within the city to be constructed or reconstructed by the State. Public Comment Council President Chad Graham opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as presented. Council Member - Rod Kuntz: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Page 2 of 11 Kalispell City Council Minutes, May 7, 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: Absent The motion passed unanimously on voice vote with Council members Saverud and Waterman absent and Mayor Johnson absent. F. COMMITTEE REPORT — Urban Renewal Agency Board, Marc Rold Marc Rold with the Urban Renewal Agency Board referred to the annual City of Kalispell Tax Increment Financing (TIF) Districts Annual Report explaining it is a summary of the history of the district. He referred to property values in the west side TIF from the Department of Revenue. The board is proud of the traffic study being conducted on Airport Road. They are also pleased with the Airport Group Agreement. He spoke favorably wondering what the Montana Home Program Fund HUD grants for low income housing may be able to do for housing within the west -side TIF. 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. 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. Award Bid for Wastewater Treatment Plant Secondary Digester Covers and Storage Tank Rehabilitation a This item would award this rehabilitation project to Syblon Reid Contractors in the amount of $1,504,900.00. City Attorney Charles Harball introduced this item. Public Works Director Susie Turner provided the staff presentation for this item. Council began questions for staff. Public Comment Council President Graham opened public comment. Seeing none, he closed public comment. Motion and Vote to award secondary digester covers and storage tank rehabilitation project to Syblon Reid Contractors in the amount of $1,504,900.00. Council Member - Rod Kuntz: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Absent Council Member - Karl Gabriel: Approve Page 3 of 11 Kalispell City Council Minutes, May 7, 2018 Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on voice vote with Council members Saverud and Waterman absent and Mayor Johnson absent. 2. Resolution 5867 — Resolution of Intent — Glacier Rail Park TEDD Amendment a This resolution would set a public hearing date of May 21, 2018, regarding amending the current Glacier Rail Park Targeted Economic Development District boundary to include an adjacent 3.38-acres to be annexed into the city. Senior Planner Jarod Nygren provided the staff presentation on this item after Attorney Harball provided a brief introduction. Public Comment Council President Chad Graham opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 5867, a Resolution of Intent and Calling a Public Hearing on a proposed modification to the boundaries of the Glacier Rail Park targeted Economic Development District (TEDD) and directing the City Clerk to publish and mail notice of the same. Council Member - Phil Guiffrida: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Council members Saverud and Waterman absent and Mayor Johnson absent. Peterson Zone Change and Preliminary This is a request from Jeremy Peterson to approve a zone change from R-3 (Residential) to RA-1 (Residential Apartment) and a minor subdivision preliminary plat subdividing a 1.01-acre tract into four residential lots for construction of two-family housing on each lot at 435 College Avenue. The Planning Board is recommending a zone change to R-4 (Two Family Residential). Page 4 of 11 Kalispell City Council Minutes, May 7, 2018 Senior Planner Jarod Nygren provided the presentation on these items. Mayor Johnson joined the Council meeting. Council began questions for staff. Public Comment Mayor Johnson opened public comment. Timothy Norton, Public Comment Mr. Norton of 420 Sylvan Drive spoke in opposition to changing the zoning on this property. Debra Mills, Public Comment Ms. Mills of 420 Sylvan Drive spoke in opposition to changing the zoning on this property. 00:34:32 David Ingram, Public Comment Mr. Ingram of 607 Sylvan Court spoke in opposition to changing the zoning on this property. Mary Ellen Nelson, Public Comment Ms. Nelson of 549 Sylvan Drive spoke in opposition to changing the zoning on this property. 00:37:10 Mark Norley, Public Comment Mr. Norley of 612 Sylvan Court spoke in opposition to changing the zoning on this property. Cristina Woolley, Public Comment Ms. Wooley of 356 College Avenue spoke in opposition to changing the zoning on this property. Ann Ingram, Public Comment Ms. Ingram of 607 Sylvan Court spoke in opposition to changing the zoning on this property. Susan Waldron, Public Comment Ms. Waldron of 504 Sylvan Drive spoke in opposition to changing the zoning on this property. 00:44:55 Inga Christine Curtis, Public Comment Ms. Curtis of 530 Sylvan Drive spoke in opposition to changing the zoning on this property. 00:46:29 Seeing no further public comment, Mayor Johnson closed public comment. a. Ordinance 1807 — First Reading — Zone Change a Motion and Vote to approve the first reading of Ordinance 1807, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1807, by Zoning certain real property described as Parcel of Certificate of Survey 2652 and Tract 1 of certificate of survey 3235 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, currently Zoned City R-3 (Residential) to City R-4 (Two Family Residential) in accordance with the Kalispell Growth Policy — Plan it 2035, and to provide an effective date. Council Member — Rod Kuntz: Motion Page 5 of 11 Kalispell City Council Minutes, May 7, 2018 Council Member — Chad Graham: 2nd Discussion on the motion. Councilor Kuntz provided discussion on the motion. Council President Chad Graham provided discussion on the motion. Councilor Kluesner provided discussion on the motion. Councilor Guiffrida provided discussion on the motion. Councilor Gabriel provided discussion on the motion. Councilor Kluesner provided discussion on the motion. Vote on the motion. Council Member - Rod Kuntz: Motion Council President - Chad Graham: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Disap rp ove Council. Member - Tim Kluesner: Disapprove Council Member - Phil Guiffrida: Disapprove Council Member - Kyle Waterman: Absent The motion failed on roll call vote with Council members Gabriel, Guiffrida, Kluesner, Kuntz, and Mayor Johnson opposed and Council members Saverud and Waterman absent. m b. Resolution 5868 — Preliminary Plat I• a Motion and Vote to approve Resolution 5868, a Resolution conditionally approving the Preliminary Plat of Peterson Subdivision, more particularly described as Parcel B of Certificate of Survey 2652 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Discussion on the motion. Council members Kuntz, Kluesner, and Guiffrida provided discussion on the motion. Council Member - Rod Kuntz: Motion Council Member — Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Disapprove Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Disapprove Council Member - Phil Guiffrida: Disapprove Council Member - Kyle Waterman: Absent Page 6 of 11 Kalispell City Council Minutes, May 7, 2018 The motion failed on roll call vote with Council members Gabriel, Graham, Guiffrida and Kluesner opposed and Council members Saverud and Waterman absent. 4. Rockwood Ranch Annexation, Initial Zoning Request, Planned Unit Development and Preliminary Plat a This is a request from R. Ranch Developments, LLC for annexation of 90-acres with an initial zoning of R-3 and B-1, a Residential Mixed Use Planned Unit Development overlay over the entire 90-acre property, and major subdivision preliminary plat approval of Phase 1, which subdivides 18-acres of the 90-acre property into 48 residential lots, located at the southeast corner of the intersection of Three Mile Drive and W. Springcreek, north of Two Mile Drive, and southwest of the Springcreek Estates Subdivision. Senior Planner Jarod Nygren provided the presentation on these items. Council began questions for staff. Public Comment Mayor Johnson opened public comment. Bruce Lutz, Public Comment Mr. Lutz with WGM Group spoke on behalf of the applicant. Seeing no further public comment, Mayor Johnson closed public comment. Council Member Rod Kuntz left the meeting. 02 a. Rockwood Ranch - Resolution 5869 — Annexation Gz Motion and Vote to approve Resolution 5869, 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 COS 20588 in the Northwest Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Rockwood Ranch Addition No. 436, to zone said property in accordance with the Kalispell Zoninu 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: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Absent Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Council members Saverud, Waterman, and Kuntz absent. Page 7 of 11 Kalispell City Council Minutes, May 7, 2018 b. Rockwood Ranch - Ordinance 1808 — First Reading — Initial Zoning and L"N Planned Unit Development Overlay Zone Gz Motion to approve the first reading of Ordinance 1808, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by creating a Residential Mixed Use Planned Unit Development Overlay Zone, to be known as Rockwood Ranch PUD, over certain real property more particularly described as Tract 1 of COS 20588 in the Northwest Quarter of Scetion 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, in accordance with the Kalispell Growth Policy — Plan It 2035, and to provide an effective date. Discussion on the motion. Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Absent Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Council members Saverud, Waterman, and Kuntz absent. Rockwood Ranch Resolution 5870 — Major Subdivision Preliminary am Motion and Vote to approve Resolution 5870, a Resolution Conditionally approving the Preliminary Plat of Rockwood Ranch, described as Tract 1 of COS 20588 in the Northwest Quarter of Section II, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member — Phil Guiffrida: Motion Council Member — Sandy Carlson: 2nd 01:35:18 Discussion on the motion. Vote on the motion. 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: Absent Page 8 of 11 Kalispell City Council Minutes, May 7, 2018 Council President - Chad Graham: Approve Council Member - Rod Kuntz: Absent Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: ADDrove Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Council members Saverud, Waterman, and Kuntz absent. 5. Fenn Way Annexation and Initial Zoning This is a request from Marty Crevier for annexation of 10.5-acres with an initial zoning of B-1 (Neighborhood Business) located at the southern terminus of Fenn Way and western terminus of 2nd Street West. Senior Planner Jarod Nygren provided the presentation on these items. Council member Kluesner began questions for staff. Public Comment Mayor Johnson opened public comment. Rory Young, Public Comment Mr. Young with Jackola Engineering and Architecture spoke on behalf of the applicant. Seeing no further public comment, Mayor Johnson closed public comment. Kan a. Resolution 5871 — Annexation a Motion and Vote to approve Resolution 5871, 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 3 of certificate of survey 19233 and tract 1 of Certificate of Survey 19582 in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Fenn Way Addition 437, to Zone said property in accordance with the Kalispell Zoning Ordinance, and to declare 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: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Absent Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Council members Saverud, Waterman, and Kuntz absent. b. Ordinance 1809 - First Reading — Zoning Page 9 of 11 Kalispell City Council Minutes, May 7, 2018 Motion and Vote to approve the first reading of Ordinance 1809, an Ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance 1677, by Zoning certain real property described as Tract 3 of Certificate of Survey 19233 and Tract 1 of Certificate of Survey 19582 in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, currently zoned County I-2 (Heavy Industrial) to City B-1 (Neighborhood Business) in accordance with the Kalispell Growth Policy — Plan it 2035, and to provide an effective date. 01:45:29 Council member Guiffrida provided discussion on the motion. Vote on the motion. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Absent Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Council members Saverud, Waterman, and Kuntz absent. am 6. Kalispell North Town Center Final Plat, Phase 2 CD This item would grant final plat approval to Stillwater Corporation for a subdivision consisting of ten commercial lots, one residential lot and one open space lot on 57 acres located on the southeast corner of the intersection of Rose Crossing and U.S. 93 North. Senior Planner Jarod Nygren provided the presentation on these items. Public Comment Mayor Johnson opened public comment. Stephanie Ray, Public Comment Ms. Ray with CTA Architects and Engineers thanked city staff saying they received excellent service. Seeing no further public comment, Mayor Johnson closed public comment. Motion and Vote to approve the final plat for Kalispell North Town Center — Phase 2 and the related Subdivision Improvement Agreement. Council President - Chad Graham: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Approve Page 10 of 11 Kalispell City Council Minutes, May 7, 2018 Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Absent Council President - Chad Graham: Approve Council Member - Rod Kuntz: Absent Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Council members Saverud, Waterman, and Kuntz absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) 01:49:45 Council member Kluesner spoke regarding the annexation growth of the city. Mayor Mark Johnson provided the following report: • 911 Committee Meeting this Wednesday during the work day. • Excited to see the project out on Three Mile Drive and provided discussion regarding zoning and property rights. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:52 p.m. ®��� e✓ c A ee Brunckhorst, CMC �� 9 City Clerk V Minutes approved on May 21, 2018 ,111ii11!! E111���®\ UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — May 14, 15, and possibly 16, 2018, at 6:00 p.m. — Council Chambers Next Regular Meeting — May 21, 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. Page 11 of 11