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03-02-20 City Council MinutesCRY OF Jr %1""Nk6 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 MayorMark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Sam Nunnall : 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 a enda as pubfished. 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 Nunnall : 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__ no 2. Acceptance of a Flathead Electric Coop Roundup for Safety Grant 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 41h Avenue East. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. 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: A rove 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. Seeing none, the Mayor closed public comment. H. PUBLIC HEARINGS 1. Proposed Adjustments to Water and Sewer Utility Regulations and Water and Sewer Rate Schedules That Include Increased Rates 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 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 6th 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 0h 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 Gres Public Comment Ms. G iesy 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. Hein, 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 Men hini Public Comment Mr. Menghini of 777 1" 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. 00:3 8 :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 Holate, 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. I. REPORTS RECOMMENDATIONS,,AND SUBSE iUENT 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 a This is a request from MDT to annex property located at 6721680 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 _ Zonin Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment. Heins Menke 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: 3 8 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 Ievel 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 Sha na .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: 3 6 Kris Omholt, Public Comment Mr. Gmholt 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: 2 5 : 5 9 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, Range 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 d— Council Member - Chad Graham: Motion Council Member - Tim Kluesner: 2nd 01:31:41 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: Apvrove Council Member - Sam Nunnall : Disapprove Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve Council Member -- Kyle Waterman: Disapprove The motion passed on roll call vote with Councilors Kluesner, Nunnally and Waterman opposed. Motion to approve the first reading of ordinance 1837, an ordinance to amend section 27.02.010, official zoning may, City of Kalispell Zoning ordinance 167Lby 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 CountyMontana reviousl zoned Count R-1 to CityRA-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 01:47A4 Council discussion on the motion. 01:54:2,5 Motion to amend ordinance 1837 to strike city RA-1 and replace it with CIS ' 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 Ma or - Mark Johnson: Disaporove Council Member - Kari Gabriel: A rove Council Member - Sandy Carlson: Approve Council Member - Sam Nunnall : Approve 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 - R an Hunter: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member -- Sandy Carlson: Aporove Council Member - Sam Nunnall : Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disap rove Council Member - K ie Waterman: Disapprove The main motion as amended passed on roll call vote with Councilors Daoud Waterman and Mayor Johnson omposed. 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 7of11 Kalispell City Council Minutes, March 2, 2020 Public Comment Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment. 02: 07. 5 8 Motion to a12Rrove 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 12articularl-v described as Lot 17 Block 1 of Northwest Tracts accordin to the map or ]Rlat thereof on file and of record in the office of the Clerk and Recorder Flathead County, Montanapreviously zoned R-3 Residential to B-1 Neighborhood Business in accordance with the Kalispell Growth Polic Plan — IT 2035 and to provide an effective date. Council Member -- Kari Gabriel: Motion Council Member — Kyle Waterman: 2nd Vote on ordinance 1838. Council Member - Kari Gabriel: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Auvrove 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- Apvrove The motion passed unanimously on roll call vote. IWA 3. Final Plat for Snowline Acreage 44= 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 questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. 02:13:43 Motion and Vote to aIRIRrove the final plat for Snowline Acrea e. Council Member - Ryan Hunter: 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 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: Aporove The motion passed unanimously on roll call vote. 4. Ordinance 1839 _ First Reading - Building Code Update 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. 07-17-11 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 JIEBC)", 2018 Edition; the "International Residential Code aRC)" 2018 Edition; the "International Mechanical Code IRC " 2018 Edition • the "International Fuel Gas Code" 2018 Edition • the "Uniform Plumbin Code" 2018 Edition; the "National Electrical Code (NEC)", 2017 Edition; and the "International Swimminp, Pool and Spa Code SPSC " 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 Buildin Codes of the Ci icable to the Jurisdictional Area thereof; subject 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-12enalty 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: Aporove Council Member - Sam Nunnall . A rove Council President - Chad Graham: Approve Council Member - LZyan Hunter: Aporove 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 assed unanimously on roll call vote. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS o 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 :3 $) Councilor Hunter spoke regarding coordinating with the schools regarding Coronavirus response. 09:23:06 PM (.02:24:00) 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:U4 Councilor Daoud reminded council that starting March 2"d 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. )GR4 T ~~ Roseaw, —� 4Aiee B runckhorst, C M C City Clerk V . Page 10 of 11 Kalispell City Council Minutes, March 2, 2020 Minutes approved on March 16, 2020 UPCOMING SCHEDULE 1 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