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02-01-21 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES February 1, 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 publiccommentQkalispell.com or verbally during the video conference at: https://us02web.zoom.us/i/88408927502?pwd=Y 1 BgdOo2P,FNCckdTUlhEbnRFdl ZiUT09 A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. Mayor - Mark Johnson: Present in Council Chambers Council Member - Kari Gabriel: Present via online video Council Member - Sandy Carlson: Absent 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, Senior Planner P.J. Sorensen, and Public Works Director Susie Turner. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Kyle Waterman: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Page 1 of 10 Kalispell City Council Minutes, February 1, 2021 Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote with Councilor Carlson 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 — January 19, 2021 Motion and Vote to approve the consent agenda. Council Member - Sam Nunnally: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent 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 with Councilor Carlson absent. The motion to pass the minutes was then rescinded as Councilor Daoud made a motion to amend the minutes by changing the vote on page 4 of 9 under the heading, amendment to the main motion to limit to long term rentals only — no short term rentals. The vote for Councilors Sid Daoud and Kyle Waterman state approve and should state disapprove. Council Member - Sid Daoud: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent 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 to approve the minutes as amended passed unanimously on voice vote with Councilor Carlson absent. F. COMMITTEE REPORTS — None. 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. Page 2 of 10 Kalispell City Council Minutes, February 1, 2021 Mayor Johnson opened public comment. Seeing none, he closed public comment. Public comment sent to publicconnnentgkalispell.com recently can be viewed at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=139220&dbid=0&repo=Kalispell. 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@kaliMell.com or verbally during the online meeting. Please provide your name and address for the record. 1. Certification for Community Action Partnership of Northwest Montana to use Emergency Solutions Grant Funding for Emergency Shelter Activities This motion provides the city certification necessary to allow CAPNM to utilize grant funds for the purpose of providing temporary shelter services. City Manager Doug Russell provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. 00:07:16 Motion that the City Council provide certification to the Community Action Partnership to use funds from the emergency solutions grant for emergency shelter activities. Council Member — Kyle Waterman: Motion Council Member — Ryan Hunter: 2nd Councilor Waterman provided discussion on the motion. Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent 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 was approved unanimously on voice vote with Councilor Carlson absent. 2. Ordinance 1853 — Second Reading — Accessory Dwelling This item considers amending and adding a new section to the Kalispell Zoning Ordinance to add provisions for accessory dwelling units within certain zones. City Manager Doug Russell provided the staff presentation on this item. Page 3 of 10 Kalispell City Council Minutes, February 1, 2021 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Public comment received this week on this item to ubliccomment a]kalis ell.com can be viewed at: https://time.ci.kalispell.mt.us/WebLinkBrowse.aspx?id=139220&dbid=0&repo=Kalispell. 00:09:26 Motion to approve the second 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 - Kyle Waterman: Motion Council Member — Kari Gabriel: 2°d 00:10:16 Councilor Waterman provided discussion on the motion. 00:11:02 Councilor Graham provided discussion on the motion. 00:15:13 Councilor Hunter provided discussion. 00:19:17 Councilor Graham provided discussion on the motion. 00:23:56 Councilor Daoud provided discussion on the motion. 00:26:05 Councilor Kluesner provided discussion on the motion. 00:26:22 Motion to amend to limit any of these ADUS for short term rentals less than 30 days, including the primary home. Council Member — Tim Kluesner: Motion Council Member — Ryan Hunter: 2°d 00:27:15 Councilor Kluesner provided discussion on his amendment to the main motion. 00:28:46 Councilor Nunnally provided discussion on the amendment. 00:30:30 Councilor Daoud provided discussion on the amendment. 00:32:27 Councilor Waterman provided discussion on the amendment. 00:33:18 Councilor Hunter provided discussion on the amendment. 00:34:47 Vote on the amendment. Council Member - Tim Kluesner: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Disapprove Page 4 of 10 Kalispell City Council Minutes, February 1, 2021 Council Member - Sandy Carlson: Absent 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 motion failed 3-5 with Councilors Hunter, Kluesner and Mayor Johnson in favor, and Councilors Gabriel, Nunnally, Graham, Waterman and Daoud opposed. 00:35:22 Amendment to the motion to change within exhibit A. 27.20.082, paragraph 5 striking the size limit of 1000 square feet and replacing with 750 square feet. Council Member — Tim Kluesner: Motion Council Member — Ryan Hunter: 2°d 00:36:24 Councilor Kluesner provided discussion on his amendment to the motion. 00:39:14 Councilor Hunter provided discussion on the second amendment. 00:42:06 Councilor Graham provided discussion on the second amendment. 00:44:09 Councilor Hunter provided further discussion on the second amendment. 00:45:39 Councilor Daoud provided discussion on the second amendment. 00:46:13 Councilor Kluesner provided further discussion on the second amendment. 00:47:06 Mayor Johnson provided discussion on the second amendment. 00:50:48 Vote on the second amendment to the main motion. Council Member - Tim Kluesner: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove The motion failed 2-6 on roll call vote with Councilor Kluesner and Mayor Johnson in favor and Councilors Gabriel, Nunnally, Graham, Waterman, Hunter and Daoud opposed and Councilor Carlson absent. 00:51:29 Amendment to the motion to 27.20.082 to make ADU's subiect to approval as an administrative conditional use permit. Page 5 of 10 Kalispell City Council Minutes, February 1, 2021 Council Member — Tim Kluesner: Motion Council Member — Sam Nunnally• 2nd 00:53:10 Councilor Graham provided discussion on the third amendment to the main motion. 00:53:59 Councilor Kluesner provided discussion on the third amendment to the main motion. 00:57:26 Councilor Hunter provided discussion on the third amendment to the main motion. 00:57:59 Mayor Johnson provided discussion on the third amendment. 00:59:53 Councilor Waterman provided discussion on the third amendment. 01:01:20 Councilor Daoud provided discussion on the third amendment. 01:01:56 Motion to table this item until the next (regular) Council meeting. Council Member - Sid Daoud: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove 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 motion to table passed 5-3 with Councilors Gabriel, Waterman, Hunter, Kluesner and Daoud in favor and Councilors Nunnally, Graham, and Mayor Johnson opposed, and Councilor Carlson absent. 3. Resolution 6012 - Bloomstone Phases 3-6 Preliminaa Plat This resolution considers a request from Kalispell National Investment Co., LLC for major preliminary plat approval for Phases 3-6 of the Bloomstone subdivision, with a total of 57 lots on 33.73 acres of land at 1070 Treeline Road. Senior Planner P.J. Sorensen provided the staff report on this item. 01:08:24 Councilor Hunter asked a question of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:10:28 Motion to approve Resolution 6012, a resolution conditionally approving the Preliminary Plat of Bloomstone Subdivision Phases 3-6. described as assessors' tract 5C in the southwest quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana and as more particularly described on exhibit A. Page 6 of 10 Kalispell City Council Minutes, February 1, 2021 Council Member — Kari Gabriel: Motion Council Member — Sam Nunnally: 2" 01:11:19 Councilor Hunter provided discussion on the motion. Councilor Waterman provided discussion on the motion. 01:12:12 Councilor Kluesner provided discussion on the motion. 01:12:49 Councilor Gabriel provided discussion on the motion. Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent 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 with Councilor Carlson absent. 4. Edge Annexation and Zoning This item would consider a request from Layne Massie to annex a 2.04-acre parcel located at 2015 and 2105 Third Avenue East with B-2 (General Business) zoning designation upon annexation. a. Resolution 6013 — Annexation b. Ordinance 1854 - First Reading — Zoning Senior Planner P.J. Sorensen provided the staff report on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:17:21 Motion to approve Resolution 6013, a resolution to Provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real Property described as assessor's Tracts 80BA, 8CA and 80AA in the Northwest quarter of Section 20, Township 28 North, Range 21 West, P.M.M. Flathead County, Montana, and more particularly described on Exhibit A to be known as Edge Addition No. 450, to zone said Property in accordance with the Kalispell Zoning Ordinance and to declare an effective date. 01:18:43 Councilor Hunter provided discussion on the motion. Page 7of10 Kalispell City Council Minutes, February 1, 2021 01:19:52 Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent 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 with Councilor Carlson absent. 01:20:30 Motion and Vote to approve the first reading of Ordinance 1854, an ordinance to amend Section 27.02.010, official zoning may, City of Kalispell Zoning Ordinance 1677, by zoning certain real property, more particularly described as Assessor's Tracts 80BA, 8CA, and 80AA in the northeast quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County B-2) to City B-2. General Business, in Accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. Council Member - Kari Gabriel: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent 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 with Councilor Carlson absent. 5. Resolution 6014 — Reimbursement for Regional Storm Water Facility Project This resolution provides the statement of the City's intent to reimburse allowable preliminary expenditures made by the city on the regional storm water facility project from State Revolving Fund Bond proceeds. City Manager Doug Russell provided the staff report on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:23:40 Motion and Vote to approve Resolution 6014, a resolution relating to financing of certain proposed proiects; establishing compliance with reimbursement bond regulations Page 8 of 10 Kalispell City Council Minutes, February 1, 2021 under the Internal Revenue Code in advance of the proposed issuance of Revenue Bonds by the City of Kalispell to provide funds to pay for the costs of stormwater infrastructure improvement projects. Council Member - Tim Kluesner: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sand Carlson: Absent 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 with Councilor Carlson absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Next week's work session will include an update on the Regional Stormwater Facility Project. • Manager Russell spoke regarding a recent article in the Flathead Beacon related to the Fire Department that had substantive issues. • Fire Chief Dave Dedman will be retiring later this summer. Staff is looking into possibly hiring an executive search firm and will work towards posting the position in the next 4-6 weeks. Mr. Russell said he appreciates all the work that Chief Dedman has accomplished over the years and expressed sadness for his departure. 01:26:21 Councilor Waterman spoke regarding documents he shared with council members in advance of the Flathead City -County Health Board meeting and reported on two meetings of the Flathead City -County Health Board last week. 01:29:23 Mayor Johnson spoke regarding having a work session for Council to talk through with staff and the City Attorney issues about public comments and the forums that Council has. Manager Russell explained he would be zooming in to the February 8 council meeting and will schedule this item for the next work session. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:32 p.m. Page 9of10 Kalispell City Council Minutes, February 1, 2021 •p �F'�:Cr'..... Ai e Brunckhorst CMC vs�-- City Clerk '•!LlpN�P`�• Minutes approved on February 16, 2021 "a N uai UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — February 8, 2021, at 7:00 p.m. — Council Chambers City Offices Closed — February 15, 2021 — Presidents Day Next Regular Meeting — Tuesday, February 16, 2021, at 7:00 p.m. — Council Chambers Page 10 of 10