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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 Page 1 of 9 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. Page 2 of 9 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. Page 3 of 9 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 Page 4 of 9 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 Page 5 of 9 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. Page 6 of 9 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 Page 7 of 9 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 Page 8 of 9 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. Page 9 of 9