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02-03-20 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES February 3, 2 02 0, 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 - Sam Nunnally: Present Council President - Chad Graham: Present Council Member - Ryan Hunter: Present Council Member - Tim Kluesner: Present Council Member - Sid Daoud: Present Council Member - Kyle Waterman: Present Staff members present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning Director Jarod Nygren, Public Works Director Susie Turner, Chief Engineer Keith Haskins, Senior Planner P.J. Sorensen, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the aizenda as submitted. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote. Page 1 of 10 Kalispell City Council Minutes, February 3, 2020 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. a Council Minutes — January 21, 2020 Motion and Vote to approve the consent agenda as submitted. Council President - Chad Graham: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote. F. COMMITTEE REPORTS — 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. Jamie Quinn, Public Comment Ms. Quinn of 1403 41h Avenue East spoke regarding her frustration regarding the people who have been recently appointed to the Mayor's Affordable Housing Task Force and noted that none of those appointed serves on a social service organization. Donnel O'Flynn, Public Comment Father Donnel O'Flynn with Christ Church Episcopal on 215 Third Avenue East reported that they have served 60 individuals since opening in December and have had 60 volunteers take the intense training to serve at the Warming Center. Dr. Thomas Fullerton Public Comment Dr. Fullerton of 2"d Street East, spoke in opposition to a roundabout at the intersection of Conrad Drive and Woodland Drive and said he has collected many signatures in opposition to a roundabout there. He spoke further regarding his views. Debbie Street, Public Comment Ms. Street of 1400 Rose Crossing spoke regarding safety issues she feels are present on Rose Page 2 of 10 Kalispell City Council Minutes, February 3, 2020 Crossing and why she feels that way. She asked that the City, County, and State work together to conduct a traffic impact study on this road. Mike Fraser, Public Comment Mr. Fraser of 690 North Meridian spoke regarding his concerns about traffic on Rose Crossing. Steve Williams, Public Comment Mr. Williams with a business at 720 2"d Street East spoke in opposition to a roundabout at the intersection of Conrad Drive and Woodland Drive providing his reasons and referred to signatures in opposition to a roundabout there. Seeing no further public comment Mayor Johnson closed public comment. H. PUBLIC HEARING — Stormwater Sampling Plan t� Council will accept comments related to the stormwater MS4 sampling plan for total maximum daily load (TMDL) related monitoring required by the Montana State Department of Environmental Quality (DEQ). Mayor Johnson opened the public hearing and public comment. Seeing none, 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 5962 Resolution of Intent for updating Utility Rates and Regulations a This resolution states the intention of the City Council to consider updates to the Kalispell water and sewer utility rates and regulations and calls for a public hearing on March 2, 2020. City Manager Russell provided an overview on this item. Public Works Director Susie Turner provided a staff report on this item and then spoke regarding the public outreach that will occur. Council questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:29:46 PM (00:30:00) Motion and Vote to approve Resolution 5962, a resolution setting a date for public hearing on a proposal to adopt increases in the fees, schedules, rates, charIzes, and classifications imposed on the customers of the City of Kalispell Water and Sewer Utility and to adopt certain amendments to the regulations of the city water and sanitary sewer utilities. Page 3 of 10 Kalispell City Council Minutes, February 3, 2020 Council Member — Kyle Waterman: Motion Council Member — Chad Graham: 2nd Discussion on the motion. Vote on the motion. Council Member - Kyle Waterman: Motion Council President - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. 2. Resolution 5963 Resolution of Intent for Updating Water and Sewer Impact Fees �a This resolution states the intention of the City Council to consider updates to the Kalispell Water and Sanitary Sewer impact fees and calls for a public hearing on March 2, 2020. City Manager Russell provided an overview on this item. Public Works Director Susie Turner spoke regarding the public outreach that will occur on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:33:06 PM (00:33:20) Motion and Vote to approve Resolution 5963, a resolution of intent to adiust impact fees for City of Kalispell Water and Wastewater Utility Services pursuant to MCA 7-6-1601 through 7-6-1604, setting a public hearing and directing the City Clerk to provide notice therefore. Council President - Chad Graham: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Page 4 of 10 Kalispell City Council Minutes, February 3, 2020 Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. 3. Stillwater Bend Planned Unit Development (PUD) and Major Preliminary Plat `a This item considers a request from Spartan Holdings, LLC for a commercial Planned Unit Development Application and a major preliminary plat for 25-acres of the larger 56-acre Stillwater Bend Placeholder PUD located on the west side of Highway 93 North at the intersection of Rose Crossing and Highway 93 North. a. Ordinance 1836 — First Reading — PUD b. Resolution 5964 — Preliminary Plat Planning Director Jarod Nygren presented the staff report on this item. Council questions for staff. 07:50:08 PM (00:50:22) Councilor Waterman asked questions of staff. 07:54:28 PM (00:54:42) Councilor Kluesner asked questions of staff. 07:59:13 PM (00:59:28) Councilor Daoud asked questions of staff. 08:01:03 PM (01:01:17) Councilor Graham asked questions of staff. 08:01:55 PM (01:02:09) Councilor Hunter asked questions of staff. 08:04:28 PM (01:04:42) Councilor Nunnally asked questions of 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. 08:07:09 PM (01:07:23) Motion to approve the first reading of Ordinance 1836, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning Ordinance 1677, and Ordinance 1790, which previously applied zoning to the subject property, by zoning certain real property currently zoned B-2 (General Business) with a Planned Unit Development Overlay and as more particularly described on exhibit "A", in section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. Council Member — Tim Kluesner: Motion Council Member — Chad Graham: 2nd Discussion on the motion. 08:08:12 PM (01:08:26) Councilor Hunter provided discussion on the motion. 01:17:58 Motion to amend the main motion to strike condition #2a. Page 5 of 10 Kalispell City Council Minutes, February 3, 2020 Council Member — Ryan Hunter: Motion Council Member — Sid Daoud: 2nd Councilor Graham provided discussion on the amendment to the motion. Councilor Hunter provided discussion on the amendment to the motion. 08:23:30 PM (01:23:44) Councilor Kluesner provided discussion on the motion. 08:25:39 PM (01:25:53) Councilor Daoud provided discussion on the motion. 08:26:07 PM (01:26:22) Councilor Hunter provided additional discussion. 08:29:35 PM (01:29:50) Councilor Graham provided additional discussion. 08:32:51 PM (01:33:05) Mayor Johnson provided discussion. 08:36:49 PM (01:37:03) Vote on the amendment to the motion. Council Member - Ryan Hunter: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Disapprove Council Member - Karl Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally Disapprove Council President - Chad Graham: Disapprove Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Kyle Waterman: Disapprove The amendment to the main motion failed with Councilors Daoud Gabriel, Carlson, Nunnally, Graham, Kluesner, Waterman, and Mayor Johnson opposed. 08:36:56 PM (01:37:10) Amendment to the main motion to restore condition #4 to require a third -party review. Council Member — Ryan Hunter: Motion Council Member — Sid Daoud: 2nd After clarification of what the amendment to the motion would accomplish, Councilor Hunter withdrew his motion. Vote on the main motion. Council Member - Tim Kluesner: Motion Council President - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Page 6 of 10 Kalispell City Council Minutes, February 3, 2020 Council Member - Kyle Waterman: Approve The motion passed with Councilor Hunter opposed. 01-45-? 1 Motion to approve Resolution 5964, a resolution conditionally approving the preliminary plat of Stillwater Bend Phase 1, described as 25 acres generally located in the east half of assessor tract 1F in section 25, township 29 north, range 22 west, P.M.M., Flathead County, Montana. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed on roll call vote with Councilor Hunter opposed. 4. Resolution 5965 - Rocky Mountain Education Final Plat 4 a This item considers a request for final plat approval from Sands Surveying on behalf of Kalispell Meeting Hall, Inc., for a two -lot commercial subdivision at 135 Glenwood Drive. Planning Director Jarod Nygren presented the staff report on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 08:48:08 PM (01:48:22 Motion to approve Resolution 5965, a resolution approving the Final Plat for Rocky Mountain Education Subdivision, described as lot 2 of the amended plat of Quirts Addition located in the Southeast quarter of the Northeast quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council President - Chad Graham: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Page 7 of 10 Kalispell City Council Minutes, February 3, 2020 Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. Village Greens Subdivision Phase 19 Final Plat a This item considers a request from Sands Surveying Inc., on behalf of Go Development, LLC for final plat approval of the Glacier Village Greens Subdivision Phase 19, a 34-lot townhome residential subdivision on 5.24 acres. Planning Director Jarod Nygren presented the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment, seeing none he closed public comment. 08:50:48 PM (01:51:02) Motion to approve the final plat for Village Greens, Phase 19. Council Member - Kari Gabriel: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Topics on next week's work session — Core Area Update, Woodland Park Waterfowl, and an update from Representative Frank Garner • Request for a photo of the City Council — scheduled for March 2. 08:53:14 PM (01:53:28) Councilor Hunter requested that council consider a repeal to the lodging in vehicles ordinance. Councilor Hunter spoke regarding Weyerhauser selling lands to Southern Pines and the resultant concerns regarding the possible loss of public access. He would suggest a letter or other format from the Council to state and federal law makers urging them to work with Southern Pines to identify ways to preserve that public access, open space and working forest lands. 08:54:17 PM (01:54:32) Mayor Johnson said he has talked with representatives Dames and Garner about this as well. Page 8 of 10 Kalispell City Council Minutes, February 3, 2020 Councilor Daoud feels it will be an interesting discussion with a southern based company as they really don't have public access in the south. Doug Russell asked for clarification about what the Council would like to see drafted for this request. Mayor Johnson suggested looking at a letter in this regards that Daines has written and Councilor Hunter said he would take a look at that. 01:55:59 Councilor Hunter congratulated the Warming Center about their success saying it is a much -needed facility. 08:56:19 PM (01:56:33) Councilor Kluesner said he has resigned his appointment on the Solid Waste Board due to the meeting times being during working hours so another person will need to be appointed. Councilor Kluesner said he is not interested in reviewing the lodging in vehicles Ordinance and explained why. Councilor Graham is also not interested in reviewing the lodging in vehicles Ordinance explaining why. Councilor Daoud congratulated the warming center. He said he would be interested in reviewing the lodging in vehicles Ordinance. Councilor Nunnally spoke regarding Police Officer support for the Ordinance under discussion and would not be interested in reviewing the lodging in vehicles Ordinance. Councilor Waterman would support reviewing the lodging in vehicles Ordinance. Councilor Waterman asked the Mayor to consider the public comment received tonight regarding his task force. Mayor Mark Johnson provided the following report: He outlined the process he has asked the members of his Affordable Housing Task Force to follow. He would ask that Council wait until they have time to do their work prior to having a council discussion on the lodging in vehicles ordinance. 09:08:38 PM (02:08:52) Mayor Johnson spoke regarding his preference that a Council Member fill the City vacancy on the Solid Waste Board which meets every 4ch Tuesday of the month from 3 to 5 p.m., and asked Council Members to consider the position. 911 Committee Report: Grievance hearing with a contract issue 911 Center Funding Committee Report: The 911 Center funding committee made a recommendation to the County Commission to find an equitable funding system. Page 9 of 10 Kalispell City Council Minutes, February 3, 2020 Mr. Russell said he would likely want to schedule a City Council Work Session on 911 funding prior to County action. He then spoke further about some of the possibilities and what that work session might look like. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:11 p.m. SEAL Ai ee Brunckhorst, CMC City Clerk '//i��%i/A�` ►r�►���`��\�`. illlll Minutes approved on February 18, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — February 10, 2020, at 7:00 p.m. — Council Chambers City Offices Closed — February 17, 2020 — Presidents' Day Next Regular Meeting — TUESDAY, February 18, 2020, 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 10 of 10