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04-06-20 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES April 6, 2020, at 7:00 p.m. Due to the extraordinary circumstances of the COVID-19 Pandemic and related Shelter -in -Place Order from the Montana Governor, the City Council met via online video conferencing that was streamed on the City of Kalispell website at https:[/www.kalispell.com/480IMeeting-Videos. Persons wishing to address the council on any issue, whether or not on the agenda, were asked to provide comments via email to publiccomment0kalispell.com. These comments, and any received via mail, were forwarded to the City Council. A. CALL TO ORDER Mayor Mark Johnson called the video conference meeting to order at 7 p.m. B. ROLL CALL Mavor - 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 The Mayor participated in person in the Council Chambers while the Council members participated via video conference call. Staff members present in the Council Chambers included City Manager Doug Russell, City Attorney Charles Harball, Planning Director Jarod Nygren, IT Director Erika Billiet, and Public Works Director Susie Turner. Staff participating via video conference included Aimee Brunckhorst. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to amend the agenda with the removal of the following items from the agenda and postpone these two items to the first regular meeting in May: Page 1 of 11 Kalispell City Council Minutes, April 6, 2020 Resolution 5968 — Adoption of the 2020 Water and Wastewater Rate Study, Amend the Water and Sewer Rate Schedules, and Rules and Regulations Governing Water and Sewer Service This resolution would adopt the January 2020 Water and Sewer Rate Study as findings of fact, amend the water and wastewater rate schedules and update water and sewer regulations. 2. Resolution 5969 — Adoption of the 2019 Water and Wastewater Impact Fee Report and Adjust Water and Wastewater Impact Fees This resolution would adopt the October 2019 Water and Wastewater Impact Fee Report as findings of fact and adjust impact fees. Vote on the motion to amend the agenda. 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: Approve The motion to amend the agenda passed unanimously on roll call vote. 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. Council Minutes — March 16, 2020 a 2. Bid Award for Airport Road Intersections & Sidewalk Improvements Project =- a This item would award a bid to LHC, Inc. in the amount of $2,049,743.55 for the Airport Road intersection and Sidewalk Improvements Project. Bid Award for I01h Ave. W & 2"d St. W Water Main Replacement Project This item would award a bid to White's Civil Contracting, LLC in the amount of $451,392 for replacement of 1,504 linear feet of water main, water valves, fire hydrants, water service connections, surface and landscape restoration. Public Comment No public comment was received for the City Council on the consent agenda via email or mail. Motion and Vote to approve the consent agenda. Page 2 of 11 Kalispell City Council Minutes, April 6, 2020 Council Member - Sam Nunnally: Motion Council Member - Ryan Hunter: 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. F. COMMITTEE REPORTS Hillary Hanson with the Flathead City -County Health Department provided a COVID-19 update providing numbers for current cases in the State and County and then talking about preparations and updates from Kalispell Regional Medical Center. The Health Department has been working on public information efforts. They expect the Governor to extend directives. They are working with multiple partners and specific populations. Ms. Hanson answered questions from the Council. 07:10:46 PM (00:10:54) Councilor Hunter asked questions of Ms. Hanson regarding short term rentals. Ms. Hanson explained why she has chosen not to prohibit short term rentals County -wide at this point. 07:15:13 PM (00:15:21 ) Councilor Nunnally asked questions regarding community spread versus direct contact. 07:16:43 PM (00:16:51) Councilor Daoud asked questions regarding the Health Department's communication plan and the availability of testing. 07:19:10 PM (00:19:18) Mayor Johnson confirmed that the Flathead County Commissioners had declared a state of emergency about three weeks ago so they could access federal funding accordingly. He also confirmed that Hillary Hanson as the Health Department Official is the Incident Commander for the County and is in charge of the COVID-19 response. 07:21:19 PM (00:21:27) Councilor Kluesner mentioned the informative podcast Ms. Hanson did with the paper and asked whether the Health Department will be providing additional guidance to businesses such as stores. 07:23:21 PM (00:23:29) Councilor Waterman thanked Ms. Hanson and her staff for all their work and asked Ms. Hanson what the incident command looks like and what outlets the public information team are using. He also asked about communication between the Health Department and the Hospital. Page 3 of 11 Kalispell City Council Minutes, April 6, 2020 G. PUBLIC COMMENT For general public comment received via email or mail on the COVID-19 Pandemic please see: https•//time ci kalispell.mt.us/WebLink/Browse.aspx?id=128351&dbid=0&repo=Kalispell (COVID-19 comments related to Item I3. are attached with that item.) For general public comment received via email or mail after March 16, 2020 through April 15, 2020, please see: httys•//time ci kalispell mt us/WebLink/Browse.aspx?id=128349&dbid=0&repo=Kalispell H. PUBLIC HEARINGS Conrad Mansion Montana Historic Preservation Grant Application a Council will consider public comment on the Conrad Mansion Museum grant application to the Montana Historic Preservation Grant Program. Mayor Johnson opened the public hearings, saying several comments were received on these items. Public comment received via email or mail to the City Council on this item can be seen at: https•//time ci kalispell mt us/WebLink/Browse.aspx?id=128276&dbid=0&repo=Kalispell 2. Northwest Montana History Museum Historic Preservation Grant Application Council will consider public comment on the Northwest Montana History Museum grant application to the Montana Historic Preservation Grant Program. Public comment received via email or mail to the City Council on this item can be seen at: https://time.ci.kalispel1.mt.us/WebLink/Browse.aspx?id= I 28277&dbid=O&repo=Kalispell 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. 1. Ordinance 1840 - Emergency Ratification of Declaration of Covid-19 Pandemic =z a This Ordinance would ratify the Declaration of Emergency in response to the COVID-19 Pandemic, establishing an immediate effective date. City Manager Doug Russell provided a presentation on this item. Council began questions for staff. Public Comment Public comment received via email or mail to the City Council on this item can be seen at: https://time.ci.kalispell:mt.us/WebLink/Browse.aspx?id= I 28278&dbid=0&repo=KalispelI Page 4 of 11 Kalispell City Council Minutes, April 6, 2020 08:11:35 PM (01:11:43) Motion to approve Ordinance 1840, an ordinance ratifying the Declaration of Emergency for COVID-19 Pandemic; and establishing an immediate effective date. Council Member — Kyle Waterman: Motion Council Member — Sandy Carlson: 2nd 08:11:59 PM (01:12:07) Council began discussion on the motion. 08:26:06 PM (01:26:14) Motion to amend by tabling Ordinance 1840 until a work session. Council Member — Sid Daoud: Motion Council Member — Ryan Hunter: 2nd Council discussion on the amendment to the motion. Vote on the amendment to the motion. Council Member - Sid Daoud: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnall : Disapprove Council President - Chad Graham: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Disapprove The motion to amend failed with Councilor Daoud in favor and the remainder opposed. Discussion on the motion. Vote on the main motion. Council Member - Kyle Waterman: 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: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove Council Member - Kyle Waterman: Approve The motion passed with Councilor Daoud opposed. Items 2 and 3 were removed from the agenda. 2. and Sewer- Sei=yiee -a Page 5 of 11 Kalispell City Council Minutes, April 6, 2020 .. _ . . ........ -1 ....... .... • Public comment received via email or mail to the City Council on items 2 and 3 can be seen at: https:Htime ci kalispell mt us/WebLink/Browse.aspx?id=128384&dbid=0&repo=Kalispell 4. Meadows Edae Phase 1 B Final Plat and Subdivision Improvement Agreement '= a This request from WGM Group, Inc. on behalf of Meadows Edge, LLC is for final plat and subdivision improvement agreement approval of Meadow's Edge Phase 1 B, a 97-lot residential subdivision located in the vicinity of Mountain Vista Way. Planning Director Jarod Nygren provided the staff report on this item. Public Comment No public comments were received on this item to the City Council. 08:38:00 PM (01:38:08) Motion and Vote to approve the final plat for Meadows Edge Phase 1B. Council Member - Kari Gabriel: 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 Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. 5. Owl View Landing Conditional Use Permit = a This request from Owl Corporation is for a conditional use permit for ten buildings with a total of 120 multi —family apartments within the RA-2 (Residential Apartment/Office) Zoning District located at the west end of Sawyer Lane near Westview Estates and Owl Subdivisions. Planning Director Jarod Nygren provided the staff report on this item. Council questions for staff. Page 6 of 11 Kalispell City Council Minutes, April 6, 2020 Public Comment No public comments were received other than that at the Planning Board meeting (see Planning Board minutes attached in materials provided.) 08:45:57 PM (01:46:05) Motion and Vote to approve a request from Owl Corporation for Conditional Use Permit KCU-20-01, a conditional use permit for a multi -family development with thirteen (13) conditions of approval within the RA-2 Zonin2 District, located on the west end of Saver Lane and which can be le-2ally described as Tract 5+ of Section 25, Township 29 North, Ranee 22 West, P.M.M., Flathead County, Montana. Council Member — Kari Gabriel: Motion Council Member — Sam Nunnall : 2nd 08:47:31 PM (01:47:39) Council began discussion on the motion. 08:52:08 PM (01:52:16) Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam NunnallyApprove 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. 6. Meridian Apartments Conditional Use Permit ==- a This request from The Meridian Apartments is for a conditional use permit for multi -family residential that would include four buildings with 36 units each within the B-1 Zoning District at 41 Meridian Court. Planning Director Jarod Nygren provided the staff report on this item. Council questions for staff. Public Comment No public comments were received on this item to the City Council via email or mail. 08:57:56 PM (01:58:04) Motion to approve the request from The Meridian Apartments, LLC, for Conditional Use Permit KCU-20-02, a conditional use permit for a multi -family development with twelve (12) conditions of approval within the B-1 Zoning District, located at 41 Meridian Court, which can be legally described as Lots 11, 12, 13, 14 and the north 50 feet of Lot 15, Page 7 of 11 Kalispell City Council Minutes, April 6, 2020 exceptinjI therefrom the east 188.1 feet of said lots, of Hollister Meridian Tracts in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member — Sid Daoud: Motion Council Member — Sam Nunnally. 2nd Discussion on the motion. 02:00:21 Amendment to the main motion to add a condition of approval that the side of the apartment building facing the trail have a front entrance, and a second condition that the two apartment complexes adjacent to the trail have bicycle parking. Council Member — Ryan Hunter: Motion Council Member — Sid Daoud: 2nd Discussion and question for staff on the amendment to the motion. 09:04:10 PM (02:04:18) Vote on the amendment to the main motion. Council Member - Ryan Hunter: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari 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: Approve The motion to amend failed with Councilors Hunter and Waterman in favor and the remainder opposed. 09:05:19 PM (02:05:27) Vote on the main motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Manor - 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 -Rvan 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. 7. Ua Page 8 of 11 Kalispell City Council Minutes, April 6, 2020 This request from Eagle Valley Ranch Apartments, and Stillwater Corporation is for major subdivision Preliminary Plat approval of Kalispell North Town Center, Phases 3 and 4. Containing 39.3-acres and including 26 commercial lots, common area, and a new city street. Planning Director Jarod Nygren provided the staff report on this item. Council questions for staff. Public Comment No public comments were received for the City Council on this item via email or mail. Motion to approve Resolution 5970, a resolution conditionally approving the Preliminary Plat of Kalispell North Town Center, Phases 3 and 4, described as Lot 1A of the amended Plat of Block 3 of Kalispell North Town Center — Phase 2 and Lots 8 and 9, Block 1 and Lot 1, Block 2 of Kalispell North Town Center — Phase 2 located in portions of the South half of Section 19 and the North half of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Council Member - Kari Gabriel: Motion Council Member - Kyle Waterman: 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. 8. Resolution 5971 — Bridge and Road Safety and Accountability (BaRSAA Program Distribution a This resolution requests distribution of funds from the Bridge and Road Safety and Accountability (BaRSAA) Program. Public Works Director Susie Turner provided a staff report on this item. Council questions for staff. Public Comment No public comment was received to the City Council on this item via email or mail. Motion and Vote to approve Resolution 5971, a resolution requesting distribution from the Bridge and Road Safety and Accountability Program Funds. Council Member - Kyle Waterman: Motion Council President - Chad Graham: 2nd Mayor - Mark Johnson: Approve Page 9 of 11 Kalispell City Council Minutes, April 6, 2020 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. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager provided the following report: • City Manager thanked IT Director Erika Billiet for her work on setting up this meeting and handling many other Information Technology issues recently. • He spoke regarding the new public comment email and thanked the public for the comments they have sent in via email saying it helps Council to deliberate on these issues. • This week Mr. Russell has an upcoming budget meeting with the Flathead City -County Board of Health, as well as a 911 Center Deliberation meeting. 09:21:19 PM (02:21:27) Councilor Nunnally thanked the community for their support of the employees at the hospital saying it really means a lot to the folks at the hospital. He thanked the nurses and doctors on the frontline of this emergency. Councilor Gabriel thanked the community for their great response and said she hopes everyone in the community will take the COVID-19 emergency seriously. Councilor Gabriel also gave a shout out to Councilor Hunter regarding his ideas for forward facing trails even though this was not the right venue to have those discussions. She would encourage those suggestions be passed on to developers at the planning stage. Councilor Graham spoke regarding why he made a motion and the beginning of the meeting to pull the two utility rate items off the agenda saying that with the current state we are in with stress over the pandemic, he didn't feel this is the time to handle these items though we will need to address them in the future. 02:25:07 Councilor Waterman reported that he is working with the Flathead COVID Emergency Shelter Collaboration. He explained what this collaborative is working on for those who are unsheltered. He spoke regarding coming together as a community and strengthening partnerships to work together between the shelters, mental health providers, hospital, etc. to come up with a coordinated plan to help the homeless be able to shelter in place. 02:26:29 Councilor Hunter thanked Councilor Waterman for his work on the collaborative. He is hopeful that solutions will be reached. He then spoke regarding developments and the desire to weigh in with ideas early in the process. He would like to invite architects and developers from other areas to have a city hosted workshop for local architects and developers. He then asked Mr. Russell for more data regarding short term rentals and hotels/motels. Page 10 of 11 Kalispell City Council Minutes, April 6, 2020 02:30:48 Councilor Daoud cautioned against looking carefully at any type of ingress/egress restrictions saying that type of action could cause high infection rates among the police force. Councilor Daoud then said he is also part of the Shelter Collaboration from the community side and pointed out the realities of the hospital not being able to send those without shelter home if they are found to be COVID positive, and the inefficiencies in hospital beds that this creates. He then said he agrees with Councilor Graham, that it is not the time to talk about our rates right now. Councilor Daoud said he was vehemently opposed to the gas tax passed by the state, but he did vote to accept those funds as he was glad to see Kalispell was able to get some funds. Councilor Daoud voiced his desire to get back to having Council work sessions. The Mayor spoke to the reasoning behind cancelling the work sessions for now. 02:34:31 Councilor Kluesner expressed his appreciation for the job Public Works is doing to keep essential services such as water and sewer going. 02:35:52 The Mayor spoke regarding the efforts of the Shelter Collaboration speaking regarding appreciation for working and partnering with nonprofits and other organizations. He supports those efforts 100%. The Mayor spoke regarding the emailed public comment and asked that it be made a part of the public record. Mayor Johnson spoke regarding the processes that Council can use to make changes regarding things like walkable communities. K. ADJOURNI The Mayor adjout the mee�tir66QP-9,;40 p.m. Sk Aim e Brunckhorst, CMC 1a r City Clerk XN\�\`a Minutes approved on April 20, 2020 rrni�n+ pp p UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — April 13, 2020, at 7:00 p.m. — Council Chambers — CANCELLED Next Regular Meeting — April 20, 2020, at 7:00 p.m. — Council Chambers Watch regular City Council sessions live on Charter Cable Channel 190 or online at the https://www.kalispell.com/480/Meeting-Videos at www.kalispell.com. Page 11 of 11