E. 12-07-20 Council MinutesCITY OF
KALISPELL
CITY COUNCIL nu ArT MEETING MINUTES
December 7, 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 available via
email to publiccomment(cr�,kalispell. com or verbally during the video conference with
registration to join the video conference at:
hllps://us02web.zoom.us/webinar/register/WN_rK_ RKFZNRFylyuZRhbj scw.
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: 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 in the City Hall Council Chambers included City Manager Doug Russell, City
Attorney Charles Harball, City Clerk Aimee Brunckhorst, Director of Development Services
Jarod Nygren, Senior Planner P.J. Sorensen, Senior Engineer Keith Haskins, Planner II Rachel
Ezell, and IT 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: Absent
Council Member - Chad Graham: Approve
Council Member - Kyle Waterman: Approve
Council Member - Ryan Hunter: Approve
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Kalispell City Council Minutes, December 7, 2020
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Approve
The motion passed unanimously on voice vote with Councilor Nunnally 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 16. 2020
Motion and Vote to approve the consent agenda as published.
Council Member - Kvle Waterman: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnallv: Absent
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 with Councilor Nunnally absent.
F. COMMITTEE REPORTS — None.
G. PUBLIC COMMENT
Persons wishing to address the council were asked to provide public comment via email to
publiccomment@kalispell.com or verbally during the video conference.
General public comment received between 12-03-20 and 12-09-20 can be found at:
https://time.ci.kalisi2ell.mt.us/WebLink/Browse.aspx?id=136901&dbid=0&repo=Kalispell.
Mayor Johnson opened public comment. Seeing none, he closed general public comment.
H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION
1. Peterson Acre Final Plat
This item would approve a final plat for a 4-lot minor residential subdivision on
1.01 acres at 435 College Avenue.
Senior Planner P.J. Sorensen provided the staff report.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
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Kalispell City Council Minutes, December 7, 2020
00:05:41
Motion and Vote to approve Peterson Acre Final Plat as proposed.
Council Member
- Ryan Hunter: Motion
Council Member
- Tim Kluesner: 2nd
Mayor - Mark Johnson: Approve
Council Member
- Kari Gabriel: Approve
Council Member
- Sandy Carlson: Approve
Council Member
- Sam Nunnally: Absent
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 Nunnally absent.
2. Eagle Valley Ranch Phase 1 Final Plat and Subdivision Improvement Agreement
This item would approve final plat of a 49-lot residential subdivision encompassing
21.9 acres located along Highway 93 south of Ponderosa subdivision, east of
Northern Pines Golf Course and north of the Montana National Guard facilities.
Senior Planner P.J. Sorensen provided the staff report.
Questions for staff.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
00:10:16
Motion to approve the final plat and subdivision improvement agreement for Eagle Valley
Ranch Phase 1.
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 Nunnally: Absent
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 unanimouslv on roll call vote with Councilor Nunnally absent.
3. Woodland Apartments Site Review Appeal
This item considers an appeal from Woodland Apartments, LLC to a Site
Development Review Committee condition.
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Kalispell City Council Minutes, December 7, 2020
The appellant for this item, Paul Bardos with Bardos Construction presented his case for this
appeal.
00:27:57
City Attorney Charlie Harball provided the staff report on this item.
Councilor Hunter asked questions of staff.
00:40:51 Senior Engineer Keith Haskins answered questions from Council about the related
streets.
00:43:45 Councilor Daoud asked questions regarding the design standards.
00:45:31 Councilor Graham asked questions regarding curb, gutter and sidewalk.
00:47:04 Councilor Waterman asked a question regarding other properties annexed on the street.
00:47:45 Councilor Kluesner asked about similar conditions for other properties.
00:50:21 Mayor Johnson asked Mr. Bardos about item 94, the item under appeal. He asked for
further clarification from Mr. Bardos regarding the conditions that were put in place at the time
of approval.
Mr. Bardos responded to Mayor Johnson's questions.
00:55:41 Mayor Johnson asked questions of staff related to vehicle impacts and the purpose of
the design standards.
01:00:08 Mr. Bardos presented closing arguments talking about the water line extension and
about the Woodland Drive `triangle' of land and how that affects the site design.
01:01:40 Mayor Johnson framed the discussion for appeal talking about the findings that need to
be addressed.
01:02:31 Councilor Daoud asked a process question which was answered by Attorney Harball.
01:04:06 Councilor Graham provided discussion regarding findings and how the findings already
determined by the Planning Board and Council previously still apply. He spoke regarding how
the design standards are applied the same to all applicants including this case.
01:06:38 Mayor Johnson spoke to confirm Councilor Graham's comments.
01:07:09 Councilor Waterman provided discussion related to the approval process.
01:08:01 Councilor Hunter provided discussion re -iterating that part of the conditions at the time
of approval were to bring the roads up to design standards. The objection to this condition should
have been made at that time. He spoke regarding the traffic impacts of this project and how
sidewalks, boulevards, and gutters are an important part of street infrastructure. He spoke to
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Kalispell City Council Minutes, December 7, 2020
street standards and how they also help assure pedestrian safety and general value to the
community. Councilor Hunter feels it was clear in the original findings and approval process that
this application would need to comply with city design standards.
01:11:35 Mayor Johnson summarized for Council that they were comfortable with the approval
process that this project went through and the conditions that were put into place and finds that
the use for the right-of-way is consistent with the impact of the project and fitting in and
maintaining consistency with the municipality. He spoke to consistency across developers in
applying the design standards. He asked for consensus from the Council regarding whether they
were ready to ask staff to bring forth a Resolution at the next meeting consistent with this
evaluation. The Council all nodded their heads affirmatively.
4. Old School Station Lot 3a_ 8 and 9 Offer to Purchase
This item considers approval of a counteroffer for Matterhorn Capital L.L.0 to
purchase Lots 3a, 8, and 9 in Old School Station.
Development Services Director Jarod Nygren presented the staff report.
Questions for staff.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
01:23:31
Motion to proceed with the counteroffer for Old School Station Lot 3a, 8 and 9 as
presented.
01:24:53 Councilor Hunter provided discussion on the motion.
Council Member - Tim Kluesner: Motion
Council Member - Sandy Carlson: 2nd
01:25:52 Councilor Daoud provided discussion on the motion.
Mayor Johnson provided discussion on the motion.
City Manager Russell provided a summary of why the city originally purchased these lots.
Vote on the motion.
Council Member - Tim Kluesner: Motion
Council Member
- Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member
- Sandy Carlson: Approve
Council Member
- Sam Nunnally: Absent
Council Member
- Chad Graham: Approve
Council Member
- Kyle Waterman: Approve
Council Member
- Ryan Hunter: Approve
Council Member
- Tim Kluesner: Approve
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Kalispell City Council Minutes, December 7, 2020
Council Member - Sid Daoud: Approve
The motion was approved unanimously with Councilor Nunnally absent.
5. Resolution 6006 — Kalico Art Center Proposal for Art Installation on Traffic Signal
Boxes
This resolution would approve the Kalico Art Center to proceed with a proposed
art installation project on traffic signal boxes in downtown Kalispell subject to a
maintenance and use agreement.
City Manager Doug Russell presented the staff report on this item.
Councilor Kluesner asked Questions for staff.
01:39:37 Councilor Daoud asked questions for staff.
01:41:24 Councilor Carlson asked questions for staff.
01:42:12 Councilor Waterman spoke to questions posed by Councilor Kluesner.
01:43:07 Councilor Kluesner continued questions for staff.
Public Comment
Mayor Johnson opened public comment.
Jemina Watstein, Public Comment
Ms. Watstein of 149 Main Street, Executive Director from Kalico answered several questions
posed by Council. The call for artists that would go out would emphasize what western Montana
has to offer. She also has a commitment from Wrap Hive to repair and maintain the wraps for up
to five years.
Public comment received on this item to publiccomment2kalispell.com can be found at:
hiips://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=136899&dbid=0&repo=Kalispell.
Seeing no further public comment, Mayor Johnson closed public comment.
01:48:15
Motion to approve Resolution 6006, a resolution approving the Kalico Art Center to
proceed with a proposed art installation proiect on traffic signal boxes in downtown
Kalispell.
Council Member - Kyle Waterman: Motion
Council Member - Sid Daoud: 2nd
Councilor Waterman provided discussion on the motion.
01:49:47 Councilor Hunter provided discussion on the motion.
01:50:12 Councilor Daoud provided discussion on the motion.
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Kalispell City Council Minutes, December 7, 2020
01:50:45 Councilor Graham asked staff a question.
01:52:39 Councilor Kluesner provided discussion on the motion.
Vote on the motion.
Council Member
- Kyle Waterman: Motion
Council Member
- Sid Daoud: 2nd
Mayor - Mark Johnson: Approve
Council Member
- Kari Gabriel: Approve
Council Member
- Sandy Carlson: Approve
Council Member
- Sam Nunnally: Absent
Council Member
- Chad Graham: Approve
Council Member
- Kyle Waterman: Approve
Council Member
- Ryan Hunter: Approve
Council Member
- Tim Kluesner: Disapprove
Council Member
- Sid Daoud: Approve
The motion passed on roll call vote with Councilor Kluesner opposed and Councilor
Nunnally absent.
6. Resolution 6007 — Granting Authority to the City Manager to Request Assistance
from the Attorney General Office
This resolution would grant the City Manager the discretion and authority to request
criminal prosecution assistance from the Attorney General as needed.
City Attorney Charlie Harball presented the staff report on this item.
Councilor Hunter began questions for staff.
02:01:07 Councilor Daoud asked questions for staff.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
02-03-30
Motion to approve Resolution 6007, a resolution providing the authority to the City
Manager to seek assistance from the Office of the Montana Attorney General for certain
criminal prosecutions as allowed by statute.
Council Member - Kyle Waterman: Motion
Council Member - Kari Gabriel: 2nd
Discussion on the motion.
02:05:06
Vote on the motion.
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
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Kalispell City Council Minutes, December 7, 2020
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 unanimouslv on roll call vote with Councilor Nunnallv absent.
L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
The City Manager provided the following report:
• Mr. Russell thanked Council and staff for working through the appeal process that was
brought before them today. He recognized that this was the first appeal ever brought to
the City of Kalispell. He confirmed a Resolution on the item would be brought forward at
the next regular meeting. He also said staff would prepare a memo for council related to
the questions raised about impervious services.
• The work session next Monday will include multiple updates including the historic
standards process that BID has spearheaded, the request for proposal for the lot on 9th
street, and timeline updates for the core area project.
• The new State legislation regarding marijuana will eventually be coming back before
Council as it relates to permitting and our current zoning process.
02:08:02 Councilor Graham asked about timing for a work session regarding Lawrence Park.
City Manager Russell spoke to timing and scope of the Lawrence Park discussion.
02:09:48 Councilor Waterman asked whether the Mayor would be amenable to providing a letter
of support for the Flathead Health Center as they apply for a grant. He spoke further about the
need for the letter.
Councilor Waterman explained that the City -County Health Department have extended a job
offer for the Health Officer position to Joe Russell and are hoping to have a meeting on
Wednesday to approve that contract. He would then like to see Mr. Russell present to the
Council at a meeting in January.
02:11:27 the Mayor said he would be amenable to a letter of support for the Health Center and
confirmed with Council that they would be okay with that as well.
02:11:42 Councilor Hunter touched on some of the comments that Paul Bardos made during the
appeal tonight. He asked for staff s opinion on permeable surfaces and boring a water line under
the property versus under the street.
J. ADJOURNMENT
Mayor Johnson adjourned the meeting at 9:12 p.m.
Aimee Brunckhorst, CMC
City Clerk
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Kalispell City Council Minutes, December 7, 2020
Minutes approved on 2020
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Next Work Session — December 14, 2020, at 7:00 p.m. — Council Chambers
Next Regular Meeting — December 21, 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.
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