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E1. 03-02-20 Draft Council MinutesCITYOF KALISPELL CITY COUNCIL MEETING MINUTES March 2, 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. with the help of Abby Graham. 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, Building, and Community Development Director Jarod Nygren, Senior Planner P.J. Sorensen, Public Works Director Susie Turner, Terri Loudermilk, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as published. 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 11 Kalispell City Council Minutes, March 2, 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. 1. Council Minutes — February 18, 2020 a 2. Acceptance of a Flathead Electric Coop Roundup for Safety Grant a This item would accept an $8,000 grant from the Roundup for Safety Program and approve the expenditure of $2,656.58 for the installation of driver speed feedback signs within a school zone on 4th Avenue East. 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 President - Chad Graham: 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 President - Chad Graham: Aimrove 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. Seeing none, the Mayor closed public comment. H. PUBLIC HEARINGS Probosed Adiustments to Water and Sewer Utilitv Regulations and Water and Sewer Rate Schedules That Include Increased Rates a Council will accept comments on Council's intent to act upon proposed water and sewer rate schedules and regulation amendments. Action will take place at a subsequent meeting. 2. Adjustments to Water and Sewer Impact Fees � a Page 2 of 11 Kalispell City Council Minutes, March 2, 2020 Council will accept comments on Council's intent to act upon the HDR Engineering Water and Wastewater Impact Fee Report and proposed changes to related impact fees. Action will take place at a subsequent meeting. Public Works Director Susie Turner provided a presentation on these items. HDR Engineering Consultant Shawn Koorn provided a brief summary of the rate study and the process they went through. Mayor Johnson opened the public hearings and public comment. Matthew Brake, Public Comment Mr. Brake of 729 61h Avenue West spoke in opposition to reducing the impact fees while asking the rate payers to cover the reduction. Robert Sapp, Public Comment Robert Sapp of 152 Richmond Lane spoke in opposition to reducing the impact fees feeling it will not encourage affordable housing and will place a burden on low income households. Eloise Hill Public Comment Ms. Hill of 467 61h Avenue West North spoke in opposition to the reduction in impact fees as she feels the reduction is excessive and does not feel rate payers should have to pay for that. She also does not understand the abrupt rise in water and sewer rates. Amery Zedd, Public Comment Ms. Zedd of 529 East Oregon spoke regarding the hardship that the proposed rate increases will cause to seniors and others on fixed incomes especially by year five of the increase. Karen Giesv Public Comment Ms. Giesy owner of 333 Liberty Street spoke in opposition to reducing the impact fees with the rate payers picking up the difference. She does not feel a reduction in impact fees will have the affect of increasing affordable housing projects. Heinz Henke, Public Comment Mr. Henke of 122 Greenbriar spoke regarding the hardships these increases will cause to people on a fixed income such as social security. Mr. Henke feels the developers are more able to afford an increase. Mark Campbell, Public Comment Mr. Campbell, Manager of the Flathead County Fairgrounds spoke regarding an increase in cost per year to the Fairgrounds of about $4,700, which would then affect the charges to Fairground customers. He feels the plan is front load heavy and reminded Council that the yearly increases become compounded. Dennis Mewhini, Public Comment Mr. Menghini of 777 1st Ave EN said he compared his 2019 usage against the new rates and said his rate would go up 42% for the first year which he feels is unacceptable. 00:38:48 Shaun Pandina, Public Comment Shaun Pandina of 1405 5th Avenue West feels impact fees should not be lowered and may need Page 3 of 11 Kalispell City Council Minutes, March 2, 2020 to be increased. He is also concerned about the loss of the discount on the sprinkling rate and thinks that will cause neglect of landscaping. 00:39:50 Loretta Hokate, Public Comment Loretta Holgate of 3rd Avenue East spoke regarding the lack of funds of many citizens and the hardship these increases would cause. Seeing no further public comment, Mayor Johnson closed public comment. L 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. Montana Department of Transportation Two Mile Drive Annexation and Zoning This is a request from MDT to annex property located at 672/680 Two Mile Drive between Greenbriar and the Highway 93 Alternate Route and zone the property RA-1 (Residential Apartment). a. Resolution 5967 — Annexation b. Ordinance 1837 — First Reading — Zoning Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment. Heinz Henke Public Comment Mr. Henke of 122 Greenbriar Drive spoke regarding frustration that not all of the Greenbriar subdivision was notified of the public hearing on this matter. He spoke in opposition to the proposed zoning and would like to see the property zoned single-family residential. 01:00:38 Kevin Croteau, Public Comment Mr. Croteau of 139 Greenbriar Drive spoke regarding concerns over traffic congestion and lack of pedestrian facilities on Two Mile Drive. He would like to see the property zoned single-family residential feeling apartments should not be considered until Two Mile Drive is improved. Erik Dye, Public Comment Mr. Dye of 104 Greenbriar Drive spoke regarding traffic concerns and lack of pedestrian facilities on Two Mile Drive and talked about increased traffic once the multi -family housing that's planned in the area is built out. He also spoke against apartments behind his home. Hollis Musson, Public Comment Ms. Musson of 165 Greenbriar Drive spoke regarding traffic concerns and the lack of pedestrian services on Two Mile Drive. Page 4 of 11 Kalispell City Council Minutes, March 2, 2020 John Musson, Public Comment Mr. Musson of 165 Greenbriar Drive spoke regarding concerns about the water level in that area since the bypass was constructed. He then spoke regarding increased crime in the area. Maureen Mclean, Public Comment Ms. Mclean of 119 Greenbriar Drive spoke regarding spending $16,000 to mitigate flooding in her basement and said she has no water pressure in her yard. She also has traffic congestion and safety concerns on Two Mile Drive. 01:12:56 Richard Brewer, Public Comment Mr. Brewer of 125 Greenbriar Drive spoke regarding traffic congestion and safety concerns on Two Mile Drive as well as concerns about apartment buildings. 01:13:51 Kale Kelly, Public Comment Mr. Kelly of 110 Greenbriar Drive spoke regarding traffic congestion concerns on Two Mile Drive. 01:14:25 Shayna Atlee, Public Comment Mr. Atlee of 140 Greenbriar Drive spoke regarding the lack of affordable housing and traffic congestion concerns on Two Mile Drive. She spoke regarding other multi -family housing saying she doesn't feel more apartments are needed especially next to her home. 01:16:55 Rhonda Riley, Public Comment Ms. Riley of 159 Greenbriar Drive spoke regarding changes and noise that came with the construction of the bypass and concerns regarding traffic safety and congestion on Two Mile Drive. 01:19:36 Jay Burgess, Public Comment Mr. Burgess of 146 Greenbriar is opposed to the proposed rezoning of this property feeling apartments at that location would adversely impact those living in the Greenbriar subdivision and spoke about increased traffic congestion due to apartments currently being built on Two Mile Drive. 01:21:01 Golden Retriever Owner, Public Comment This gentleman spoke regarding the wildlife that live on this property. He is opposed to dense development in that area. He feels apartment dwellers would decrease the safety of the park. 01:23:49 Don Donald, Public Comment Mr. Donald on Greenbriar is opposed to the density of the proposed zoning as he feels it would put too many people in his backyard. 01:24:36 Kris Omholt, Public Comment Mr. Omholt of 130 Greenbriar Drive talked about safety concerns on Two Mile Drive. He has traffic concerns about the apartment buildings that are already being built in the area. 01:25:59 Garret Kramer, Public Comment Mr. Kramer of 106 Greenbriar spoke regarding the lack of pedestrian safety on Two Mile Drive and winter conditions causing traffic accidents. He also feels apartment buildings next door would ruin the neighborhood and many people would move out. Page 5 of 11 Kalispell City Council Minutes, March 2, 2020 01:27:22 Rick Holman, Public Comment Mr. Holman of 102 Greenbriar Drive spoke regarding the apartments that are currently being built in the area and the increased amount of traffic that will generate. He has traffic congestion concerns on Two Mile Drive. 01:29:09 Bill Yarus, Public Comment Mr. Yarus spoke on behalf of his mother Alice Yarus residing at 114 Greenbriar saying they would not like to see apartments on this property. Seeing no further public comment, Mayor Johnson closed public comment. 08:29:55 PM (01:30:48) Motion to approve Resolution 5967, 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 21293 in the Northeast Quarter of the Southwest Quarter of Section 12, Township 28 North, Ranee 22 West, P.M.M., Flathead County, Montana, to be known as MDT Two Mile Addition 445, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. Council Member - Chad Graham: Motion Council Member - Tim Kluesner: 2nd O1:31:41 Council discussion on the motion. Vote on the motion to approve Resolution 5967. Council President - Chad Graham: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Disapprove Council President - Chad Graham: Abbrove Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Disaprove The motion passed on roll call vote with Councilors Kluesner, Nunnally and Waterman opposed. 0l -46-41 Motion to approve the first reading of Ordinance 1837, an ordinance to amend section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property, more particularly described as Tract 1 of Certificate of Survey 21293 in the northeast quarter of the Southwest quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana previously zoned County R-1 to City RA-1, residential apartment, in accordance with the Kalispell Growth Policy Plan — IT 2035, and to provide an effective date. Council Member — Ryan Hunter: Motion Council Member — Tim Kluesner: 2nd Page 6 of 11 Kalispell City Council Minutes, March 2, 2020 01:47:44 Council discussion on the motion. 01:54:28 Motion to amend Ordinance 1837 to strike city RA-1 and replace it with City R-4. Council Member - Chad Graham: Motion Council Member - Kari Gabriel: 2nd Discussion on the amendment to the main motion. 02:02:10 Vote on the amendment to the main motion. Council President - Chad Graham: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Annrove Council President - Chad Graham: Approve Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove Council Member - Kyle Waterman: Disapprove The amendment to the main motion passed on roll call vote with Councilors Daoud, Hunter, Waterman and Mayor Johnson opposed. 02:03:03 Discussion on the main motion. Vote on Ordinance 1837 as amended. Council Member - Ryan Hunter: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Disapprove 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: Disapprove Council Member - Kyle Waterman: Disapprove The main motion as amended passed on roll call vote with Councilors Daoud, Waterman and Mayor Johnson opposed. 2. Ordinance 1838 —First Reading - Sulewski Zone Change a This is a request from Sandra Sulewski to rezone property located at 1260 North Meridian Road currently zoned R-3 (Residential) to B-1 (Neighborhood Business). Community Development Director Jarod Nygren provided the staff report on this item. Council questions for staff. Page 7 of 11 Kalispell City Council Minutes, March 2, 2020 Public Comment Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment. 02:07:58 Motion to approve the first reading of Ordinance 1838, an ordinance to amend section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property, more particularly described as Lot 17, Block 1 of Northwest Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, previously zoned R-3 Residential to B-1, Neighborhood Business, in accordance with the Kalispell Growth Policy Plan — IT 2035, and to provide an effective date. Council Member — Kari Gabriel: Motion Council Member — Kyle Waterman: 2°d Vote on Ordinance 1838. Council Member - Kari Gabriel: 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: ADDrOve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. 3. Final Plat for Snowline Acreage - a This is a request from WGM Group on behalf of Montana Department of Natural Resources and Conservation for final plat approval of one multi -family lot on 8.3- acres located along Treeline Road, north of Bloomstone, west of Kidsports and south of My Place Hotel. Planning Director Jarod Nygren provided the staff report on this item. Council auestions for staff. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. 02:13:43 Motion and Vote to approve the final plat for Snowline Acreage. Council Member - Ryan Hunter: 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 Page 8 of 11 Kalispell City Council Minutes, March 2, 2020 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 unanimouslv on roll call vote. 4. Ordinance 1839 — First Reading — Building Code Update -� a This Ordinance would maintain the City's compliance with State law by adopting the 2018 International Commercial Building Code, the 2018 Residential Building Code, the 2018 Mechanical Code, the 2018 Fuel Gas Code, the 2018 Swimming Pool Code, the 2018 Existing Building Code, the 2018 Uniform Plumbing Code and the 2017 National Electrical Code to be applied within the jurisdiction of the Kalispell City Limits. Building Official Jeff Clawson provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment. 02:17:33 Motion and Vote to approve Ordinance 1839, an ordinance to amend Ordinance Nos. 1752, 1754 and 1767 by adopting, by reference the "International Building Code (IBC)", 2018 Edition; the "International Existing Building Code (IEBC)", 2018 Edition; the "International Residential Code (IRC)" 2018 Edition; the "International Mechanical Code (IRC)" 2018 Edition; the "International Fuel Gas Code", 2018 Edition; the "Uniform Plumbing Code", 2018 Edition; the "National Electrical Code (NEC)", 2017 Edition; and the "International Swimming Pool and Spa Code (ISPSC)", 2018 Edition as well as the Associated Amendments to the Administrative Rules of Montana (ARM) as they may pertain to those portions previously adopted by the City of Kalispell in Ordinance No's 1752, 1754 and 1767 as the Building Codes of the City of Kalispell and applicable to the Jurisdictional Area thereof; subiect to the amendments made, adopted and approved by the Building Codes Program, Commercial Measurements Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and to establish an effective date. Council Member - Kyle Waterman: Motion Council Member — Sid Daoud: 2nd Council Member - Kyle Waterman: Motion Council Member - Sid Daoud: 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 Page 9 of 11 Kalispell City Council Minutes, March 2, 2020 Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimouslv on roll call vote. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager provided the following report: • Tentative schedule for work session on March 9, 2020: Utility Rates and Impact Fee Discussion, Mission Mountain Locomotive Acceptance 02:20:54 Councilor Kluesner asked staff to talk with the City -County Health Department regarding receiving updates and instructions for handling the Coronavirus. 02:23:05 Councilor Waterman spoke to information on the coronavirus he has seen between the County and the Hospital. 09:22:45 PM (02:23:38) Councilor Hunter spoke regarding coordinating with the schools regarding Coronavirus response. 09:23:06 PM (02:24:09) Councilor Waterman spoke regarding the need for a pro -active pedestrian plan that deals with gaps in the system such as that found on Two Mile Drive. 09:24:10 PM (02:25:04) Councilor Daoud reminded council that starting March 2nd within Montana Code Annotated, this week is set aside in observance of the right to keep and bear arms. The Mayor provided the following_ report: • The Mayor sends condolences to the family of previous Council Member Bob Hafferman who passed away last Friday. Mayor Johnson asked Councilor Nunnally to announce that the local Girl Scouts Robotics team led by Mrs. Nunnally won the state championships and will be traveling to Houston, Texas to compete in the World Robotics Championships. Mayor Johnson then read aloud a 2020 Girl Scout Proclamation. Since none of the council members has shown interest, Mayor Johnson will appoint himself to the Flathead County Solid Waste Board with City Manager Doug Russell as his backup. Mayor Johnson would applaud Council and the public for good discussion and public comment during tonight's meeting. He then spoke regarding the decision that was made on action item one. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:29 p.m. Aimee Brunckhorst, CMC City Clerk Page 10of11 Kalispell City Council Minutes, March 2, 2020 Minutes approved on March 16, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — March 9, 2020, at 7:00 p.m. — Council Chambers Next Regular Meeting — March 16, 2020, at 7:00 p.m. — Council Chambers Coffee with the Chief — March 18, 2020, at 5:30 p.m. — Sykes Diner, 202 2nd Avenue W 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