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E1. 11-16-20 Council MinutesCITY ,� KALISPELL CITY COUNCIL MEETING MINUTES November 16, 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(2kali spell. com and verbally during the video conference. Registration to join the video conference was available at: https://us02web.zoom.us/webinar/register/" 2vHu4BOLRPKK N2PWKKB6w. 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: Absent 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, Deputy City Clerk Judi Funk, Development Services Director Jarod Nygren, Public Works Director Susie Turner, and I.T. Personnel Cliff Tucker. C. PLEDGE OF ALLEGIANCE 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Page 1 of 5 Kalispell City Council Minutes, November 16, 2020 Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: 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. Council Minutes — November 2, 2020 4 - - 2. Ordinance 1850 — Second Reading - Snowline Lane Planned Unit Development lea 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. Ordinance 1851 — Text Amendment — Warming Center — 2nd Reading 05� a This item considers a zoning text amendment which would allow homeless shelters as a conditionally permitted use in the B-1 (Neighborhood Business) zone. 4. Award Bid for City Hall Mezzanine Improvement Project '��a This item would award a bid to Camas Creek Construction in the amount of $141,350 to improve the City Hall mezzanine area. Public Comment Mayor Johnson opened public comment on consent agenda items. Seeing none, he closed public comment. 00:03:01 Motion and Vote to approve the consent agenda as published. Council Member - Chad Graham: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnallv: Annrove 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 was approved unanimously on roll call vote with Councilor Gabriel absent. F. COMMITTEE REPORTS — None. Page 2 of 5 Kalispell City Council Minutes, November 16, 2020 G. PUBLIC COMMENT Persons wishing to address the council were asked to provide public comment via email to publiccomment(c�r�,kalispell. com or verbally during the video conference. 00:04:03 Lance Isaak, Public Comment Mr. Isaak of 728 81h Avenue West, Chairman of the School Board read a letter from the board to share to the public. The letter addressed the reasoning and preparation that went into the decision to keep schools open during the current COVID-19 pandemic. The letter went on to address the success of these methods within the school system, and the concerns the School Board has about a resurgence of cases within the community as the Thanksgiving holiday approaches. They would ask everyone in the community to follow proper prevention protocols for prevention. Mr. Isaak emphasized that everyone in the community must follow guidelines in order to keep schools open during this time. General public comment received to the email publiccomment2kalispell.com between 11-05-20 and 11-18-20 can be found at: https://time.ci.kalisi2ell.mt.us/WebLink/Browse.aspx?id=135576&dbid=0&repo=Kalispell. 00:06:07 Public Comment Closed Seeing no further public comment, Mayor Johnson closed general 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(cr�,kalispell. com or verbally during the online meeting. Please provide your name and address for the record. 1. Resolution 6005 — Sale of Lot 48 of Aspen Creek Subdivision a This resolution would approve the sale of city owned property at Lot 48 of Aspen Creek Subdivision to Robert Peccia and Associates for $71,212.62. City Manager Doug Russell provided background on this item explaining that this item is a clean up effort from the west side interceptor project. 00:08:00 Councilor Hunter began questions for staff related to public comment that was received via email prior to the meeting. Public Comment Public comment received on this item to the email publiccomment(cr�,kalispell. com between 1I- 05-20 and 11-18-20 can be found at: hllps://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=135577&dbid=0&repo=Kalispell. Mayor Johnson opened public comment on this item during the meeting. Seeing none, he closed public comment. 00:10:28 Motion to approve Resolution 6005, resolution approving the sale of certain real property commonly known as Lot 48 of Aspen Creek Subdivision according to the plat or map of Page 3 of 5 Kalispell City Council Minutes, November 16, 2020 record in the Office of Clerk and Recorder for Flathead County, Montana and previously acquired by the City for the purposes of Utility Location. 00:11:13 Councilor Hunter provided discussion on the motion. 00:14:02 Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Sam Nunnall.. Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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: Annrove The motion passed unanimously on roll call vote with Councilor Gabriel absent. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following updates: • Requests may come forward soon from Whitefish and Columbia Falls regarding a previous discussion regarding adding those towns to the City -County Health Department Interlocal Agreement. • Mr. Russell held a discussion with representatives of the Health Department and the City Managers of Whitefish and Columbia Falls regarding the potential need for a mobile vaccine unit. Information on this is changing, but the Manager would continue discussions about this possibility if the unit needed. • Work session next Monday will potentially review a land use issue adjacent to city limits. The application in question is in front of the County right now but would affect the city Growth Policy. The city will not know whether this item will come forward for discussion by the City Council until Wednesday. 00:17:21 Councilor Hunter spoke regarding Homeowner Association Regulations (HOA) and how they may affect affordable housing and asked about the cities ability to restrict those regulations and the willingness of Council to do so. 00:20:19 Councilor Graham spoke to Councilor Hunter's request. 00:22:29 Mayor Johnson asked the City Attorney to draft information regarding the ability if any of the city to limit Homeowner Association Regulations. 00:23:45 Councilor Kluesner spoke to the HOA discussion. 00:25:21 Councilor Daoud spoke to the HOA discussion. Page 4 of 5 Kalispell City Council Minutes, November 16, 2020 00:26:39 Councilor Hunter spoke further on the HOA discussion. 00:27:48 Councilor Waterman spoke to the HOA discussion. Councilor Waterman then spoke regarding a Health Board meeting to occur Thursday. He then spoke regarding Mr. Isaak's public comment provided earlier in the meeting, asking the public to take those comments seriously and support the actions that can be done to slow the spread of COVID-19. 00:29:49 Mayor Johnson reminded the public that there are COVID-19 restrictions in place handed down from the State and encouraged the public to do the neighborly thing and abide by those mandates to wash your hands frequently, wear a mask, keep socially distanced, and not gather in large groups. He spoke regarding the Hospital being at capacity and how this issue is about being a good neighbor. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:32 p.m. Judi Funk Deputy City Clerk Minutes approved on, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — November 23, 2020, at 7:00 p.m. — Council Chambers Next Regular Meeting — December 7, 2020, at 7:00 p.m. — Council Chambers Page 5 of 5