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02-18-20 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES TUESDAY, February 18, 2020, 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: Absent Staff members present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning, Building, and Community Development Director Jarod Nygren, Parks and Recreation Director Chad Fincher, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Sid Daoud: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote with Councilor Waterman absent. Page 1 of 7 Kalispell City Council Minutes, February 18, 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. KZB Council Minutes — February 3, 2020 a Motion and Vote to approve the consent agenda as submitted. Council Member - Chad Graham: Motion Council Member - Sandv Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Annrove Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote with Councilor Waterman absent. 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. Ben Long, Public Comment Mr. Long of 580 4th Avenue EN spoke regarding action item 5 thanking the Council for caring about the preservation of public access and would encourage them to continue to advocate for public access. He also spoke regarding the Forest Legacy Program. 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. 1. Ordinance 1836 — Second Reading - Stillwater Bend Phase 1 — Planned Unit m - Develooment a This Ordinance considers a request from Spartan Holdings, LLC for a commercial Planned Unit Development for 25-acres of the larger 56-acre Stillwater Bend Page 2 of 7 Kalispell City Council Minutes, February 18, 2020 Placeholder PUD located on the west side of Highway 93 North at the intersection of Rose Crossing and Highway 93 North. City Manager Russell introduced this item with Planning Director Jarod Nygren providing further information. 07:06:11 PM (00:05:39) Councilor Gabriel asked questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:07:23 PM (00:06:52) Motion to approve the second 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 City 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. 07:08:27 PM (00:07:56) Councilor Hunter provided discussion on the motion. Councilor Graham provided discussion on the motion. Vote on the 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 - 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: Absent The motion passed on roll call vote with Councilor Hunter opposed and Councilor Waterman absent. 2. Westview Estates Phase 4 Final Plat and Subdivision Improvement Agreement This item considers a request from Sands Surveying Inc. on behalf of Owl Corp, for final plat and Subdivision Improvement Agreement approval on an 18-lot residential subdivision on 7.255-acres located west of Taelor Road within West View Estates. a Planning Director Jarod Nygren presented the staff report on this item. Page 3 of 7 Kalispell City Council Minutes, February 18, 2020 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:13:13 Motion and Vote to approve the final plat and subdivision improvement agreement for Westview Estates Phase 4. Council President - Chad Graham: 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: Absent The motion passed on roll call vote with Councilor Waterman absent. 3. Sale of Lot 4 at Old School Station a This item considers approval of a Buy -Sell Agreement with Edge, LLC for the city to sell Lot 4 of Old School Station located at 155 Schoolhouse Loop. City Manager Russell presented the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:18:53 PM (00:18: Motion and Vote to allow the City Manaller or his desil4nee to proceed with the counteroffer from Edge, LLC for Lot 4 of Old School Station as presented. 07:19:52 PM (00:19:21) Mayor Johnson provided discussion. Vote on the motion. Council Member - Tim Kluesner: 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: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Page 4 of 7 Kalispell City Council Minutes, February 18, 2020 Council Member - Kyle Waterman: Absent The motion passed unanimously on voice vote with Councilor Waterman absent. 0 4. Resolution 5966 — Parks and Recreation Fees a This resolution considers increases to the recreation and parks fee schedule. City Manager Russell provided a brief introduction to this item. Parks and Recreation Director Chad Fincher provided the staff presentation. Public Comment Mayor Johnson opened public comment. Ben Long, Public Comment Mr. Long supports this resolution as the parks have seen an increase in use and mentioned he has seen an improvement in the care of the parks in the last few years. Seeing no further public comment, Mayor Johnson closed public comment. 07:24:53 PM (00:24:22) Motion to approve Resolution 5966, a resolution amending Resolution 5860 and fixing Park and Recreation Fees to be charged by the City of Kalispell's Parks and Recreation Department and declaring an effective date. Discussion on the motion. Vote on the motion. 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: Absent The motion passed unanimously with Councilor Waterman absent. 5. Letter to Federal and State Officials Regarding Public Access to Forestlands m a This item considers a letter from council requesting assistance from Federal and State officials relating to maintaining access to forestlands that are part of the pending sale from Weyerhauser to Southern Pines Plantations. City Manager Russell provided the staff report on this item. Page 5 of 7 Kalispell City Council Minutes, February 18, 2020 00:27:14 Mayor Johnson provided questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:28:28 PM (00:27:57) Motion to authorize the Mayor to send a letter from council related to maintaining access to forestlands that are part of the pending sale from Weyerhauser to Southern Pines Plantations. Discussion Councilor Hunter recused himself from the vote on this matter due to his employment with Flathead Land Trust. 07:29:26 PM (00:28:54) Councilor Daoud spoke regarding the motion. Vote on the motion. 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 - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Abstain Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously with Councilor Waterman absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager provided the following report: • Plans have begun to rebrand the staff title: `Planning, Building, and Community Development Director'. • Doug Russell announced he will be in Helena tomorrow meeting with the Department of Transportation regarding right-of-way and easement agreement policies they have been working on which could lead to shared use paths in the right-of-way. • Agenda items for 02-24-20 work session include building and fire code updates, and a discussion regarding the lodging in vehicles Ordinance. 07:31:32 PM (00:31:01) Councilor Kluesner read aloud for the record an email sent to Council regarding the handling of a lodging in vehicle incident. 07:34:40 PM (00:34:08) Councilor Daoud reiterated his support for a work session on the lodging in vehicles ordinance. Councilor Graham spoke in opposition to a work session on the lodging in vehicles ordinance. Page 6 of 7 Kalispell City Council Minutes, February 18, 2020 Councilor Hunter spoke to Councilor Kluesner's comments and provided support for the work session. The Mayorprovided the following report: • He is hearing frequently from constituents concerned about the Montana Department of Transportation's talk about installing a roundabout near Woodland Park. Mayor Johnson would like staff to report on that issue regarding timing, public process, etc. • Mayor Johnson asked staff for an update on comments received to date regarding the proposed utility rate increase and impact fee changes. • The Mayor reported he has received several emails from the public inviting him to Facebook groups regarding the waterfowl overpopulation problem at Woodland Park. He would ask that people understand that he is unable to conduct policy discussions over social media and would ask that concerned citizens become involved in the civic process in place. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:40 p.m. \N����`;�pL yOFA2', =c� 61C, MONK AimeV Brunckhorst, CMC City Clerk Minutes approved on March 2, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — February 17, 2020 Next Work Session — February 24, 2020, at 7:00 p.m. — Council Chambers Next Regular Meeting — March 2, 2020, at 7:00 p.m. — Council Chambers Page 7 of 7