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01-19-21 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES TUESDAY, January 19, 2021, 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 publiccommentnkalispell.com and verbally during the video conference by registering at: https•//us02web.zoom.us/webinar/register/WN rSZOOX5GS52ds 5YDGTYjQ. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present in Council Chambers Council Member - Kari Gabriel: Present via online video Council Member - Sandy Carlson: Present via online video Council Member - Sam Nunnally_: Present via online video Council Member - Chad Graham: Present via online video Council Member - Kyle Waterman: Present via online video Council Member - Ryan Hunter: Present via online video Council Member - Tim Kluesner: Present via online video Council Member - Sid Daoud: Present via online video 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, and Senior Planner P.J. Sorensen. 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: 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 Page 1 of 9 Kalispell City Council Minutes, January 19, 2021 Council Member - Tim Kluesner: Approve 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. 1. Council Minutes - January 4, 2021 2. Ordinance 1852 Second Reading - Autumn Creek Zoning This ordinance considers a request from JAG Capital Investments, LLC for a zone change from R-2 (Residential) to R-4 (Residential) on 28 residential lots located on Hathaway Lane north of Highway 2 West. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as submitted. Council Member - Chad Graham: Motion Council Member - Sam Nunnally: 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. F. COMMITTEE REPORTS - None. G. PUBLIC COMMENT Persons wishing to address the council were asked to provide public comment via email to ubliccomment a)kalis ell.com or verbally during the video conference. Mayor Johnson opened public comment. Seeing none, he 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 ubliccomment%ukalisi2ell.com or verbally during the online meeting. Please provide your name and address for the record. Page 2 of 9 Kalispell City Council Minutes, January 19, 2021 m 1. Ordinance 1853 — First Reading - Accessory Dwelling Units This item considers amending and adding a new section to the Kalispell Zoning Ordinance to add provisions for accessory dwelling units within certain zones. Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment on this item. Erica Wirtala, Public Comment Ms. Wirtala on behalf of the NW Montana Association of Realtors addressed concerns regarding density within neighborhoods. She explained some of the information that she found online at accessorydwellingunits.com. She spoke to how other communities are regulating ADU's and what their experiences have been. Ms. Wirtala announced that the Realtors Association is in total support of this Ordinance providing further information regarding why. Public comment received on this item for this meeting to publiccomment@kalivell.com ell.com can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id= 13 9163 &dbid=O&repo= Kalispell Seeing no further public comment, Mayor Johnson closed public comment. 00:32:08 Motion to approve the first reading of Ordinance 1853, an ordinance amending the Kalispell Zoning Ordinance 1677, to allow Accessory Dwelling Units within certain zoning districts to be a permitted use in the City of Kalispell and declaring an effective date. Council Member Sid Daoud: Motion Council Member Kari Gabriel: 2"d Discussion on the motion. 00:45:38 Amendment to the main motion changing paragraph 3 in chapter 27.20 of the proposed language to eliminate the minimum parking requirement for accessory dwelling units. Staff added that the minimum standard by use within the Ordinance would change to match the intent of the motion. Council Member - Ryan Hunter: Motion Council Member - Sid Daoud: 2°d 00:46:40 Discussion on the amendment. Vote on the amendment. Council Member - Ryan Hunter: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Disapprove Page 3 of 9 Kalispell City Council Minutes, January 19, 2021 Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Chad Graham: Disapprove Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Disapprove Council Member — Kyle Waterman: Disapprove The amendment to the main motion failed 2-7 with Councilors Hunter and Daoud in favor and Councilors Gabriel, Carlson, Graham, Kluesner, Nunnally, Waterman, and Mayor Johnson opposed. Discussion on the main motion. 01:02:34 Amendment to the main motion to limit these to long term rentals only — no short- term rentals. To comply with the intent of the motion, staff suggested adding a subsection 6 within 27.20.082 that would prohibit short term rentals. Council Member - Tim Kluesner: Motion Council Member - Kari Gabriel: 2nd 01:04:26 Discussion on the amendment. Vote on the amendment to the main motion. Council Member - Tim Kluesner: Motion Council Member - Kari Gabriel: 2nd 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: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove The amendment to the main motion failed 2-7 with Councilors Kluesner and Hunter in favor and Councilors Waterman, Carlson, Gabriel, Graham, Daoud, Nunnally and Mayor Johnson opposed. 01:18:44 Discussion on the main motion. 01:22:00 Motion to table this to the next available regular meeting so further notice can be given to all property owners in the affected zones. Council Member - Chad Graham: Motion Staff and Councilor Graham discussed how a notice would be provided if this motion passed. Page 4 of 9 Kalispell City Council Minutes, January 19, 2021 01:26:00 Councilor Graham decided to withdraw his amendment to the main motion. 01:26:48 Continuing discussion on the main motion. 01:27:11 Motion to amend this process as bein2 from a conditional use to an administrative use permit. Staff suggested the following language changes to meet the intent of the amendment. 27.20.082: Accessory Dwelling Units. In the R ^-4, R 5, RA -1,,T "" '�-4-, B-1, B-2, B-3, and B-4 zones, two dwelling units are permitted on a single lot. The dwelling units may be provided either as a duplex or as two separate single-family structures (i.e. a structure and an accessory dwelling unit ttea use subject to +he principal rY g ), ,, o In the R-4, R-5, RA-1, RA-2, and H-1 zones, two dwelling units are permitted on a single lot in a duplex, or as two separate single-family structures with an administrative conditional use permit. In any zones listed in this section, an accessory dwelling unit would only be allowed subject to the following conditions: Council Member - Chad Graham: Motion Council Member - Sam Nunnally: 2"d Discussion on the amendment. Vote on the amendment to the motion. Council Member - Chad Graham: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove The amendment to the main motion failed 4-5 with Councilors Graham, Nunnally, Kluesner, and Mayor Johnson in favor and Councilors Waterman, Gabriel, Carlson, Hunter, and Daoud opposed. 01:42:41 Continuing discussion on the main motion. Vote on the main motion. Council Member — Sid Daoud: Motion Council Member — Kari Gabriel: 2°d Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Disapprove Page 5 of 9 Kalispell City Council Minutes, January 19, 2021 Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The main motion passed 7-2 with Councilors Waterman, Carlson, Gabriel, Kluesner, Daoud, Hunter, and Nunnally in favor and Councilor Graham and Mayor Johnson opposed. 2. Resolution 6010 - Old School Station Lot Transfer of Lot 4 for Lot 15 This resolution would approve the sale of Lot 15 of Old School Station Subdivision m by means of a land exchange for Lot 4. a City Manager Doug Russell provided the staff report on this item. Public Comment Mayor Johnson opened public comment on this item. Seeing none, he closed public comment. 01:46:47 Motion and Vote to approve Resolution 6010, a resolution approving the sale of certain real Property commonly known as Lot 15 of Old School Station Subdivision by means of a land exchange for Lot 4 of Old School Station Subdivision, previously purchased on contract by the buyer from the City. Council Member — Kyle Waterman: Motion Council Member — Kari Gabriel: 2"d 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 Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote. 3. Resolution 6011 — Whitefish Community Fund and the Kalispell Golf Association Advisor Appointment.-___ a This resolution would appoint the Kalispell City Manager as the advisor for the agency fund with the Whitefish Community Fund and the Kalispell Golf Association. City Manager Doug Russell provided the staff report on this item. Page 6 of 9 Kalispell City Council Minutes, January 19, 2021 Council questions for staff. Public Comment Mayor Johnson opened public comment on this item. Public comment received on this item recently to publiccomment(alkaliMell.com can be found at: htt s://time.ci.kalis ell.mt.us/WebLink/Browse.as x?id=139163&dbid=0&re o=Kalis ell Seeing no further public comment, Mayor Johnson closed public comment. 01:56:41 Motion to approve Resolution 6011, a resolution to authorize the City Manager to act as the advisor for the Agency Fund with the Whitefish Community Fund and the Kalispell Golf Association. Council Member — Kari Gabriel: Motion Council Member — Kyle Waterman: 2nd Council Member - Kari Gabriel: Motion Council Member - Kyle Waterman: 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. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • A discussion regarding designating the soon to be built Kalispell Parkline Trail as a municipal park will come before the Council during the January 25, 2021 work session. They will also be presenting logos for Kalispell Parkline from the committee that has been working on that. • A report on the Stormwater Regional facility will come before Council either during the January 25 work session or the February 8, work session. • Mr. Russell has been watching Montana State Legislation that has been coming through. Mr. Russell provided testimony regarding special district legislation in the Senate Committee. He would anticipate other legislation coming forward that will affect the municipality. 02:00:02 Councilor Nunnally reported he was part of the roadside procession for the return of 9- year-old Maverick Bench's body to the valley. He spoke regarding how touching it was to see so many community members show support for Maverick's family as they brought him home after losing a long battle with a rare disease. Page 7 of 9 Kalispell City Council Minutes, January 19, 2021 02:01:07 Councilor Graham said he visited the Warming Center last week, and it was good to see what they have gotten accomplished. He then thanked the Council for their discussion and debate tonight and at previous meetings regarding the accessory dwelling units. He spoke regarding the need to be back within Council chambers in person. He asked what it would take to have the number of ADU's reported. Staff suggested that the numbers requested be provided in the Community Development annual report. Councilor Waterman provided Flathead City -County Health Board updates saying he appreciated the County Commissioners transparency related to their recent board appointment. He reported that the County Commission chose to appoint Jessica Malberg to the vacant position on the Health Board. Councilor Waterman then spoke regarding vaccine clinics for Tiers 1 A, and 1 B that will be held Tuesdays, Wednesdays, and Thursdays at the Fairgrounds. People that qualify for these tiers can sign up via telephone at (406) 751-8119 or via online form at FlatheadHealth.org. He also reported recent changes to the Health Department website. Councilor Daoud said he is eager to get back to Council Chambers. He spoke regarding appreciation for Councilor Hunter's discussion regarding a free market formula. 02:08:54 Councilor Carlson spoke regarding receiving a COVID vaccine today at the Fairgrounds saying it was very well run and thanking the staff and volunteers. 02:09:47 Mayor Johnson spoke regarding how the COVID-19 case count seems to be dropping. He said he is hopeful that with counts dropping and the vaccine role out hopefully we can get back to more of a normal life. He then asked Manager Russell to relay information about meeting possibilities that they had been discussing. 02:11:17 City Manager Russell asked Council to consider how they would like to participate in future council meetings if the Governor's mask mandate is removed. He explained that if the Governor mask mandate was eliminated staff could provide the council meetings as a hybrid in person vs. online meeting if Council so chose. In that manner, the council and public could either attend in person or online simultaneously. Further discussion with Council will continue on the subject upon state restriction changes. 09:14:02 PM (02:13:02j Mayor Johnson spoke about the mask mandate and current state legislation being considered to remove liability related to COVID for entities. He voiced his desire to bring Council and the public back to in person council meetings. Mayor Johnson talked regarding the discussion council had regarding accessory dwelling units and concerns he has. Mayor Johnson then spoke on a National level saying tomorrow is a big day for our Country with the inauguration of President -Elect Joe Biden, and Vice -President Elect Kamala Harris. As a representative republic, he asked that the people who are disappointed make their voices heard in the proper way by communicating to elected officials via phone, email, or letter. Page 8 of 9 Kalispell City Council Minutes, January 19, 2021 Mayor Johnson read an article from a local publication pointing out that the title of the article did not match the facts of the article. He spoke regarding holding news sources accountable. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:22 p.m. V ^�f j., SEA! 18992 '0 F-P:A . Aim&e Brunckhorst, CMC City Clerk Minutes approved on February 1, 2021 UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — January 18, 2021 - Martin Luther King Jr Day Next Work Session — January 25, 2021, at 7:00 p.m. — Council Chambers Next Regular Meeting — February 1, 2021, 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 9 of 9