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11-02-20 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES November 2, 2020, at 7:00 p.m. This meeting occurred via video conferencing to provide an environment that complied with the Governor's Phase II COVID-19 Directive. Public comment was provided via email to publiccomment@kalispell.com and verbally during the video conference with registration to join the video conference at: htti)s://usO2web.zoom.us/webinar/r"ister/WN bi4-JbYOS Cdd8F87KSwtQ 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 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 in the City Hall Council Chambers included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, and I.T. Director Erika Billiet. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Kyle Waterman: 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Page 1 of 11 Kalispell City Council Minutes, November 2, 2020 Council Member - Sid Daoud: Approve The motion passed unanimously on voice 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. 10-19-20 Council Minutes Motion and Vote to approve the consent agenda as published. Council Member - Sid Daoud: 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 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. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Persons wishing to address the council were asked to provide public comment via email to publiccomment(i ?kalispell.com or verbally during the video conference. General public comment received to the email publiccomment(akalispell.com between 10-29-20 and 11-04-20 can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=135520&dbid=0&repo=Kalispell Dusty Dziza, Public Comment Ms. Dziza stated she is a proponent of the Flathead Warming Center in favor of the zone change and the conditional use permit. Connie Behe, Public Comment Ms. Behe at 1100 Two Mile Drive spoke as the Library Director at Imaginelf Libraries. She relayed the safety precautions that the library has taken regarding COVID-19 prevention. She then explained that the V2 hour per day restriction on guests at the library is causing a big strain for the homeless population who would often spend all day in the library to keep warm prior to restrictions put in place to help prevent the spread of COVID. .Toe Unterreiner, Public Comment Mr. Unterreiner, CEO of the Kalispell Chamber of Commerce said his farewells to the Mayor and Council as he is retiring soon after 24 years. He thanked the Council and Mayor for their Page 2 of 11 Kalispell City Council Minutes, November 2, 2020 ongoing support for the business community, and the collaborative relationship working with the Chamber over the years. He spoke regarding some of the milestones that have occurred during his tenure, saying he arrived just as the West Side Tax Increment District was being formed, and the Ball parks were being relocated up to KidSports. He spoke regarding the immense growth of the city since then. He then introduced the incoming Kalispell Chamber CEO Lorraine Clarno. Lorraine Clarno, Public Comment Ms. Clarno spoke regarding how blessed she and her husband feels about moving here to serve the Flathead valley in this new role. She has been experiencing a thorough on -boarding process with the Chamber. She spoke further regarding the past accomplishments of the Chamber and the tremendous opportunities ahead. 07:11:07 PM (00:11:44) Mayor Johnson welcomed Lorraine to the community and thanked Joe Unterreiner for his many years of service to the community. Seeing no further general public comment, Mayor Johnson closed public comment. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items are asked to provide public comment via email to publiccomment@kalist)ell.com or via the video conference. 1. Ordinance 1850 — Planned Unit Development — Snowline Lane — 1st Reading This is a request from Hammerquist and Casalegno, LLC for a Commercial PUD Zoning Overlay subject to 16 conditions on approximately 2.6 acres currently zoned B-5 (Industrial -Business) at 145 and 151 Snowline Lane. Senior Planner P.J. Sorensen delivered the staff report on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve Ordinance 1850, an Ordinance to Amend Section 27.02.010, Official Zoning May, City Of Kalispell Zoning Ordinance, (Ordinance No. 1677), by Attaching a Planned Unit Development Overlay on Certain Real Property Currently Zoned B-5 (Industrial/Business), More Particularly Described As Lots 4 And 5 Of Lost Creek Subdivision, according to the Map or Plat Thereof on File and of Record in the Office of the Clerk and Recorder of Flathead County, Montana, Excepting Therefrom That Portion Of Lot 5 Deeded To MDOT In Bargain And Sale Deed, Recorded July 12, 1999, As Doc. No. 1999-193-08510, Record of Flathead County, Montana, In Accordance With The Kalispell Growth Policy Plan -It 2035, and to Provide An Effective Date. 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 Member - Chad Graham: Approve Page 3 of 11 Kalispell City Council Minutes, November 2, 2020 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 roll call vote. Resolution 6004 — Meadows Edge Phase 2 & 5 Preliminar�Plat This item considers major subdivision preliminary plat approval for 37 residential lots and a mixed -use commercial lot on 13.45 acres located at 1120 Farm to Market Road. Senior Planner P.J. Sorensen delivered the staff report on this item. Council Daoud asked questions of staff about the alleys. 07:24:32 PM (00:25:09) Councilor Hunter asked questions regarding location of garages. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve Resolution 6004, a resolution conditionally approving the Preliminary Plat of Phases 2 and 5 of Meadows Edge, described as a Tract of Land being a portion of Tract 3 of Certificate of Survey 18892, on file and of record in Flathead County, Montana, located in the Southeast Quarter of the Section 3, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member — Sid Daoud: Motion Council Member — Sandy Carlson: 2nd 07:26:09 PM (00:26:40 Councilor Hunter provided discussion on the motion. 07:29:59 PM (00:30:36) Vote on the motion. Council Member - Sid Daoud: 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 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 roll call vote. 3. Ordinance 1851 —Text Amendment— Homeless Shelters— l st Reading This item considers a zoning text amendment which would allow homeless shelters as a conditionally permitted use in the B-1 (Neighborhood Business) zone. Page 4 of 11 Kalispell City Council Minutes, November 2, 2020 Senior Planner P.J. Sorensen delivered the staff report on this item. Public Comment Mayor Johnson opened public comment. Public comment received on this item between 10-29-20 and 11-04-20 can be found at: hops•//time ci kalispell mt us/WebLink/Browse.aspx?id=134717&dbid=0&repo=Kalispell Donnell O'Flynn, Public Comment Mr. Flynn, Pastor at Christ Church Episcopal last winter, the location of the Warming Center spoke saying they were excellent tenants leaving the buildings in better condition than when they found them. They were also very affective in reaching out to the local neighborhood, rectifying any situations immediately. He spoke to the community benefits of having 40 homeless people off the streets per night. Reyna Stoken, Public Comment Ms. Stoken at 178 Hidden Waters Lane addressed her support with the Flathead Warming Center. She feels giving people a warm, safe place to stay at night is an emergency. Ms. Mowbray was not able to connect via zoom on her computer. The City Clerk read her the phone number she could use to call in to the meeting. B Bradford Fenshak, Public Comment Ms. Fenshak spoke in support of the Warming Center. Carmine Mowbray, Public Comment Ms. Mowbray was able to connect on the telephone. She owns the building at 771 North Meridian. Ms. Mowbray feels the staff report is not complete pointing to evaluation #3 related to safety. She asked about an Environmental Site Assessment on the building. She then spoke regarding #4 regarding impact to commercial properties, feeling it will have an impact. She feels nearby commercial properties such as hers will be vulnerable to vagrants. Eugene Dziza, Public Comment Mr. Dziza of Big Fork spoke in support of the proposal saying this text amendment makes sense. He asked Council to support this item. Gina Benesh, Public Comment Ms. Benesh of 67 Overlook Ridge is in favor of this text amendment. She then spoke testifying that there are homeless in this area of town and providing them shelter should then improve safety of them and the local businesses. Natasha Ostrem, Public Comment Ms. Ostrem of 10 Brewer Way feels that homeless shelters fit in with the density and the commercial use that this zoning allows. 07:47:13 PM (00:47:50 Page 5 of 11 Kalispell City Council Minutes, November 2, 2020 Motion to approve Ordinance 1851, an ordinance amending the Kalispell Zoning Ordinance 1677, by allowing Homeless Shelters to be Conditionally Permitted in the B-1, Neighborhood Business Zone, and declaring an effective date. Council Member — Kari Gabriel: Motion Council Member — Chad Graham: 2°d 07:47:50 PM (00:48:27) Councilor Daoud provided discussion on the motion. 07:48:29 PM 00:49:06 Councilor Hunter provided discussion on the motion. 07:51:14 PM (00:51:51) Councilor Graham provided discussion on the motion. 07:54:00 PM (00:54:37) Councilor Daoud confirmed information with staff. 07:54:29 PM 00:55:06 Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Chad Graham: 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 roll call vote. 4. Flathead Warming Center Conditional Use Permit This is a request for a permit for a 40 guests per night homeless shelter within the 13-1 Zoning District, located at 889 North Meridian Road. City Manager Russell spoke regarding the timeline of this item as it relates to the text amendment. Senior Planner P.J. Sorensen delivered the staff report on this item. 08:00:47 PM (01:01:24) Councilor Graham began questions for staff. 08:01:33 PM (01:02:10) Public Comment Mayor Johnson opened public comment. Public comment received on this item between 10-29-20 and 11-04-20 can be found at: ht!ps:Htime.ei.kalispell.mt.us/WebLink/Browse.aspx?id= I 34717&dbid=O&repo=Kalispell Page 6 of 11 Kalispell City Council Minutes, November 2, 2020 Jane Emmert, Public Comment Ms. Emmert from Whitefish, the Director of the non-profit Assist, an affiliation of Kalispell Regional Hospital spoke to their mission of connecting people to resources in the community. She spoke to her experiences with the homeless and her strong support for the Warming Center. 01:04:55 Tonva Horn, Public Comment Ms. Horn, Executive Director of the Flathead Warming Center spoke regarding the spirit of community, and the work that the community has done to get the center to this point. She talked to the concerns of neighbors and how the Center is and will reach out and be accountable to the neighborhood. Ms. Horn spoke further about why she feels the Warming Center will be a success for the community. 08:09:39 PM (01:10:10 Carmine Mowbray, Public Comment Ms. Mowbray said she wholeheartedly supports the mission of the Warming Center however she has concerns. She spoke further about her and her commercial building tenants concerns with safety, sanitation and loitering issues. She requested Council put in a condition to be able to revoke the conditional use permit if problems arise. B. Bradford Fenchak, Public Comment Ms. Fenchak spoke regarding working for Feeding the Flathead for many years and her work at the Warming Center. _Gina Benesh, Public Comment Ms. Benesh at 67 Overlook Ridge spoke regarding the decline in services for the homeless population during the COVID pandemic and to the importance of services being available. She then spoke to her personal experiences being a neighbor to the Warming Center last winter saying they did a spectacular job managing the Center. She then talked regarding her positive experiences volunteering with the Center and asked for the approval of Council for this project. 08:18:57 PM (01:19:341 Luke Heffernan, Public Comment Mr. Heffernan of 185 Hidden Waters Lane said they did get an environmental survey on the building in question. The survey deemed the building adequate. He spoke regarding the need for services for the homeless including during the day. He explained that the options have disappeared due to the COVID pandemic. 08:21:21 PM 01:21:5$ Stephen Snipstead, Public Comment Pastor Snipstead of 98 Northern Lights Boulevard is on the Warming Center Board of Directors and is a Pastor at Faith Lutheran Church in the neighborhood. He spoke regarding the skills and abilities of the Board, and the need for this resource in this neighborhood. 08:22:47 PM (01:23:24) Euzene Dzka, Public Comment Mr. Dziza of Bigfork addressed the proposed location speaking to the complexities of finding a good location and how this location fit the need. He then addressed the extent of the volunteers involved in this project. He asked that Council not base their decision on the speculation of what might happen and asked for Council's support of the project. Page 7 of 11 Kalispell City Council Minutes, November 2, 2020 08:26:08 PM (01:26:45) Randy Johnson, Public Comment Mr. Johnson of 184 Fairway Boulevard said he and wife were volunteers at the Warming Center last year. They saw firsthand the need and benefit of the Warming Center to people in the community. He asked that Council support this permit. 08:27:06 PM (01:27:43) Motion to approve a request from the Flathead Warming Center for Conditional Use Permit KCU-20-05, a conditional use permit for a homeless shelter with 9 conditions of approval within the B-1 Zoning District, located at 889 North Meridian Road, and more particularly described as Assessors Tracts 5PA, 5PB, and 5BA in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Council Member — Sam Nunnally: Motion Council Member — Ryan Hunter: 2°d 08:28:05 PM (01:28:42) Councilor Nunnally spoke to his motion. 08:31:52 PM (01:32:29) Councilor Graham spoke to the motion. 08:35:48 PM (,01:36:25) Councilor Waterman spoke to the motion. 08:36:52 PM (01:37:29) Councilor Carlson spoke to the motion. 08:37:57 PM (01:38:34) Councilor Daoud spoke to the motion. 08:38:31 PM (01:39:08) Amendment to the Main motion to remove condition #8 and advance condition #9 to be thus labeled as #8. Council Member — Sid Daoud: Motion Council Member — Ryan Hunter: 2nd 08:39:41 PM (01:40:18) Councilor Daoud spoke to the amendment. 08:40:59 PM (01:41:36) City Manager Russell spoke to questions posed by Councilor Hunter. 08:41:53 PM (01:42:30) Senior Planner Sorensen explained the staff reasoning behind condition #8. Councilor Hunter provided further discussion on the amendment to the main motion. 08:43:45 PM 01:44:22 Councilor Graham provided discussion. 08:44:37 PM (01:45:14) Mayor Johnson provided discussion on the amendment. Councilor Daoud provided further discussion. 08:47:31 PM (01:48:08) Vote on the amendment to the main motion. Council Member - Sid Daoud: Motion Council Member - Ryan Hunter: 2nd Page 8 of 11 Kalispell City Council Minutes, November 2, 2020 Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve The amendment to the main motion failed 1 to 8 with Councilor Daoud in favor. 08:47:33 PM 01:48:10 Councilor Gabriel provided discussion on the main motion. 01:51:09 Councilor Kluesner provided discussion on the motion. 08:50:45 PM (01:51:22) Mayor Johnson provided discussion on the motion. 08:54:48 PM (01:55:25) Vote on the motion. 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 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 main motion passed unanimously on roll call vote. 5. Appointment to the Tourism Business Improvement District Board This item would appoint Noelle Barr to the TBID Board. Mayor Johnson appointed Noelle Barr to the Tourism Business Improvement District Board. Motion and Vote to accept Mayor Johnson's appointment. Council Member - Sid Daoud: 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Page 9 of 11 Kalispell City Council Minutes, November 2, 2020 Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Government offices are closed for the election tomorrow, November 3, 2020. • He would encourage everyone to vote in the election. • Nothing is scheduled for the November 9, 2020 work session so the next Council meeting will occur November 16, 2020. 01:57:57 Councilor Nunnally spoke to the work and effort committed by the Warming Center to bring forward the proposals on tonight's agenda. Councilor Nunnally said a very Happy Birthday to Maverick referring to a local child fighting health issues - Maverick's Army on Facebook. 08:58:31 PM (01:59:08) Councilor Waterman thanked Joe Unterreiner for a great run as CEO of the Chamber of Commerce. Councilor Waterman spoke regarding his disappointment with the meeting that occurred earlier in the day on the Flathead City -County Health Board. (Councilor Waterman represents the city on the board.) He is frustrated they did not take any steps forward to prevent large events even after recommendations and concerns from the Health Department, Hospital, and schools. He would like to see the Board come together and work on a unified message. Responding to a question from Councilor Kluesner, Councilor Waterman spoke further about his thoughts on the pandemic. 09:01:51 PM (02:02:28) Mayor Johnson reminded everyone of Election Day tomorrow and to drop off their ballot at the Election Department instead of mailing them in. Mayor Johnson spoke to the pandemic and the need for any restrictions to be county wide. He urged everyone to wear their mask, wash your hands frequently, keep 6' apart and keep gatherings small and properly distanced if you do have an event. He spoke to the capacity of the hospital in Kalispell and the issues with hospitals across the state reaching max capacity. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:06 p.m. KA ```\`\` Aim e Brunckhorst, CMC ��i'� 'OR9��` ; �► ' City Clerk SEAL Minutes approved on November 16, 2020 1892 . y. y��JlJJt11111tNON Page 10 of 11 Kalispell City Council Minutes, November 2, 2020 UPCOMING SCHEDULE 1 FOR YOUR INFORMATION Next Work Session — November 9, 2020, at 7:00 p.m. — Council Chambers Next Regular Meeting — November 16, 2020, at 7:00 p.m. — Council Chambers Watch 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