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08-03 & 04-20 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES for August 3, 2020, at 7:00 p.m. and August 4, 2020, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Mayor Mark Johnson called the meeting to order at 7 p.m. on August 3, 2020 B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Karl Gabriel: Absent Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Present Council Member - Kyle Waterman: Present Council Member - Ryan Hunter: Present Council Member - Tim Kluesner: Present Council Member - Sid Daoud: Present Staff 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, Fire Chief Dave Dedman, and Administrative Police Captain Tim Falkner. C. PLEDGE OF ALLEGIANCE Motion to continue the meeting to 7 p.m., on Tuesday, August 4, 2020, to an online video conferencin2 forum. Council Member — Chad Graham: Motion Council Member — Sandy Carlson: 2nd Councilor Graham provided discussion on the motion. The motion passed on voice vote with Councilor Daoud opposed. Mayor Johnson temporarily adjourned the meeting at 7:06 p.m. Call to Order on August 4, 2020 Mayor Johnson resumed the meeting at 7 p.m. on August 4, 2020 via video conferencing. Page 1 of 8 Kalispell City Council Minutes, August 3, 2020, and August 4, 2020 ROLL CALL FOR AUGUST 4, 2020 Mayor - Mark Johnson: Present in Council Chambers Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Present via video conference Council Member - Sam Nunnally: Present via video conference Council President - Chad Graham: Present via video conference Council Member - Ryan Hunter: Present via video conference Council Member - Tim Kluesner: Present via video conference Council Member - Sid Daoud: Present via video conference Council Member - Kyle Waterman: Present via video conference Staff present in Council Chambers 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, and IT Director Erika Billiet. D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Kyle Waterman: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 with Councilor Gabriel absent. 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. v Council Minutes — July 20, 2020 a Motion and Vote to approve the consent agenda as submitted. Council President - Chad Graham: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member.-- Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally _Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Page 2 of 8 Kalispell City Council Minutes, August 3, 2020, and August 4, 2020 Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote with Councilor Gabriel absent. F. COMMITTEE REPORT — City -County Board of Health Update from Tamalee St. James Robinson, Interim Health Officer Tamalee St. James Robinson, Interim Health Officer for the City -County Board of Health provided an update regarding COVID-19 cases and related management. 07:05:47 PM (00:05:41) Councilor Graham asked questions of Ms. St. James Robinson. 07:07:10 PM (00:07:05) Mayor Johnson asked questions of Ms. St. James Robinson. 07:08:36 PM (00:08:31) Councilor Daoud asked questions of Ms. St. James Robinson. 07:09:40 PM (00:09:34) Councilor Kluesner asked questions of Ms. St. James Robinson. 07:11:45 PM (00:11:40) Councilor Waterman asked questions of Ms. St. James Robinson. 07:16:22 PM (00:16:16) Councilor Hunter asked questions of Ms. St. James Robinson. 07:20:35 PM (00:20:30) Councilor Nunnally asked questions of Ms. St. James Robinson. G. PUBLIC COMMENT General public comment received to publiccomment@kalispell.com from July 30, 2020, to August 12, 2020, can be found at: https•//time ci kalispell mt us/WebLink/Browse.aspx?id=133345&dbid=0&repo=Kalispell H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION gm 1. Colton Lee Communities — Conditional Use Permit a This is a request to construct a multi -family residential development with four buildings and a total of 96 dwelling units along with associated facilities at 216 Hutton Ranch Road. Senior Planner P.J. Sorensen provided the staff report on this item. Questions for staff. No public comment was received on this item for the City Council. 07:34:22 PM (00:34:17) Motion to approve a request from Colton Lee Communities for Conditional Use Permit KCU-20-04, for a 96-unit multi -family residential development with 14 conditions of approval within the B-2 Zoning District, located at 216 Hutton Ranch Road and more particularly described as Tract 1 of Certificate of Survey 21115 in the North half of Section 31, Township 29 North, Ranae 21 West, P.M.M., Flathead County, Montana. Council Member — Sid Daoud: Motion Council Member — Sam Nunnally: 2nd 07:35:16 PM (00:35:11) Councilor Hunter provided discussion on the motion. Page 3 of 8 Kalispell City Council Minutes, August 3, 2020, and August 4, 2020 07.36.46 PM (00:36:41) Amendment to the main motion to add a condition requiring pedestrian and vehicle connectivity to the adjacent commercial development if an a-greement can be reached with the adjacent landowner. Council Member — Ryan Hunter: Motion Council Member — Tim Kluesner: 2"d Discussion on the amendment to the motion. Vote on the amendment to the main motion. Council Member - Ryan Hunter: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council President - Chad Graham: Disapprove Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove Council Member - Kyle Waterman: Disapprove The main motion failed with Councilor Hunter and Councilor Kluesner in favor and Councilors Nunnally, Carlson, Graham, Daoud, Waterman and Mayor Johnson opposed, and Councilor Gabriel absent. Vote on the main motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 main motion passed unanimously on roll call vote with Councilor Gabriel absent. 2. Stillwater Crossing Planned Unit Development and Preliminary Plat a This is a request for a rezoning for a mixed use, from R-3 (Residential) to RA-1 (Residential Apartment) on 28.89 acres with a Planned Unit Development overlay and from R-3 (Residential ) to B-1 (Neighborhood Business) on 2.56 acres and preliminary plat at 430 Stillwater Road. a. Ordinance 1846 — First Reading — PUD b. Resolution 5981 — Preliminary Plat Page 4 of 8 Kalispell City Council Minutes, August 3, 2020, and August 4, 2020 Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. No public comment was received on this item for the City Council. 08:17:46 PM (01:17:41) Motion to approve the first reading of Ordinance 1846, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning a portion of certain real property currently zoned City R-3 (Residential) to RA-1 (Residential Apartment) with a Planned Unit Development Overlay and a portion of that certain real property currently zoned as City R-3 (Residential) to B-1 (Neighborhood Business) all as more particularly described within Tract 1 of Certificate of Survey 21158 in the South half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, in accordance with the Kalispell Growth Policy Plan -It 2035, and to provide an effective date. Council Member — Chad Graham: Motion Council Member — Sandy Carlson: 2nd Discussion on the motion. 08:27:29 PM (01:27:24) Amendment to the main motion to add a condition that buildings have frontage on Four Mile, Stillwater and Savanah Road. Council Member — Ryan Hunter: Motion Amendment to the motion failed for lack of a second. 08:28:59 PM (01:28:54) Amendment to the main motion to add a condition that driveway Hairs be reduced from 6 feet to 3-foot flairs. Council Member — Ryan Hunter: Motion Council Member — Sid Daoud: 2nd Discussion on the amendment. Amendment to the main motion was withdrawn by both Council Member Daoud and Hunter. Vote on the main motion. Council President - Chad Graham: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Absent 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 with Councilor Gabriel absent. Page 5 of 8 Kalispell City Council Minutes, August 3, 2020, and August 4, 2020 08:35:00 PM (01:34:55) Motion and Vote to approve Resolution 5981, a resolution conditionally approving the preliminary Plat of Stillwater Crossing, Described at Tract 1 of Certificate of Survey 21158 in the South half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member - Kyle Waterman: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 on roll call vote with Councilor Gabriel absent. 3. Kalispell North Town Center Phase 3 Final Plat and Subdivision Improvement Agreement a This item considers a final plat and subdivision improvement agreement request for Kalispell North Town Center, Phase 3 generally located east of Kalispell Ford and the Kalispell Armory, west of Jefferson Boulevard and north of Lincoln Street. Senior Planner P.J. Sorensen provided the staff report on this item. No public comment was received to City Council on this item. 08:38:42 PM (01:38:37) Motion and Vote to approve the final plat and subdivision improvement agreement for North Town Center Phase 3. Council President - Chad Graham: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 with Councilor Gabriel absent. 4. Ordinance 1847 - First Reading Regarding the Setting of Speed Limits a This Ordinance would amend Kalispell Municipal Code 17-25 regarding the process of setting speed limits within the city. Page 6 of 8 Kalispell City Council Minutes, August 3, 2020, and August 4, 2020 City Manager Doug Russell provided information on this item. Council questions for staff. No public comment was received to City Council on this item. 08:43:20 PM (01:43:15) Motion and Vote to approve Ordinance 1847, an ordinance amending the Revised Ordinances 1947 267 as amended in Article 608 1-3 and codified at Chapter 17, Section 25 of the Kalispell Municipal Codes entitled Speed Limits declaring an effective date and authorizing the City Attorney to codify the same. Council Member — Tim Kluesner: Motion Council Member — Sam Nunnally: 2nd 08:44:15 PM (01:44:10) Discussion on the motion. Vote on the motion. Council Member - Tim Kluesner: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Disapprove Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove Council Member - Kyle Waterman: Approve The motion passed on roll call vote with Councilor Graham and Councilor Daoud opposed, and Councilor Gabriel absent. m 5. Business Improvement District Board Appointments ' a This item considers the appointment of Gabe Mariman and Jon Fetveit to the Business Improvement District. Mayor Johnson recommended the appointments of Gabe Mariman and Jon Fetveit to the Business Improvement District. Motion and Vote to confirm the appointments made by the Mayor. Council Member - Sam Nunnally: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 7 of 8 Kalispell City Council Minutes, August 3, 2020, and August 4, 2020 Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote with Councilor Gabriel absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • No scheduled work session for next week. The budget is scheduled for approval during the August 17th council meeting. Items scheduled for the work session on August 24th: Discussion of the 911 and applicability of public officials. Several items will also come before Council from Development Services. Manager Russell asked the Mayor and Council to identify the format for the upcoming meeting on August 17, 2020 (online versus in Council Chambers). Mayor Johnson and Council provided discussion regarding how they would like to handle the format for future council meetings while the Governor's mask mandate is in place. A decision was made to hold the August 17, 2020 meeting in person. 09:14:12 PM (02:14:07) Councilor Waterman spoke regarding the mask mandate. Councilor Waterman spoke regarding the limitations of the Fire Levy as it relates to funding. 09:16:11 PM (02:16:06) Councilor Daoud spoke regarding the mask mandate. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:17 p.m. VFOF N21 �l SEAL 1892 AimeY Brunckhorst, CMC �ONTP'OP * City Clerk Minutes approved 1 2020 pp on August g 9, UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session CANCELLED — August 10, 1 at 7:00 p.m. — Council Chambers Next Regular Meeting — August 17, 2020, at 7:00 p.m. — Council Chambers Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 8 of 8