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07-19-21 City Council Meeting MinutesCITY 7��r. KALISPELL CITY COUNCIL MEETING MINUTES July 19, 2021, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public was able to participate in person in the council chambers or via videoconferencing. Public comment was also available via email to publiccomment(@kalispell.com. Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meeting-Videos. 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 Chair - Chad Graham: Present via video conference Council Member - Kyle Waterman: Present Council Member - Sid Daoud: Present Council Member - Tim Kluesner: Present Council Member - Ryan Hunter: Present via video conference Staff present included City Manager Doug Russell, City Attorney Charlie Harball, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, and Chief of Police Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as presented. Council Member - Sid Daoud: 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 Page 1 of 9 Kalispell City Council Minutes, July 19, 2021 Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously 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. g" Council Minutes — July 6, 2021 4:3 Motion to accept the consent 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 Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote with Councilor Gabriel absent. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda were asked to do so at this time. Public comment was also available via email to publiccommeni@kalispell.com, or via video conference. Mayor Johnson opened public comment. Dale Haarr, Public Comment Dale Haarr at 80 Buffalo Drive spoke regarding his frustration that the railroad tracks have not yet been removed during trail construction on the Kalispell Parkline. He then spoke regarding wanting to see the historic railcar at a more central location then it currently sits. Mr. Haarr then spoke in agreement with a letter to the editor that was in today's paper in opposition to the utility increase and the decrease in impact fees. Chris Hall, Public Comment Mr. Hall of 115 West Evergreen Drive spoke regarding road infrastructure he feels is lacking. He also feels the city is being overrun with growth and development. He spoke regarding lack of affordable housing. Seeing no further public comment, Mayor Johnson closed public comment. Page 2 of 9 Kalispell City Council Minutes, July 19, 2021 Public comment received to publiccomment(cDkalispell.com recently can be found at: https:Htime.ci.kalispell.mt.us/WebLink/Browse aspx?id=146805&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Ordinance 1860 — Second Reading — Downtown Historic Design Standards r'o` ,- This Ordinance would create Municipal Code Chapter 27.21 A and amend language in Chapter 27.21 and 27.22 to incorporate design standards for properties within the Downtown Historic Overlay and the Main Street Historic District. City Manager Doug Russell provided an overview of the past actions and discussions this item has gone through. 00:14:20 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:14:29 Motion to approve the second reading of Ordinance 1860, an ordinance amending ordinance 1677 of the City of Kalispell zoning regulations codified at Chapter 27 of the Kalispell Municipal Code relating to portions of Architectural Review regulations and adding Downtown Historic District Design Standards, declaring an effective date, and authorizing the City Attorney to codify the same. Council Member — Kyle Waterman: Motion Council Member — Sandy Carlson: 2"d Councilor Waterman provided discussion on the motion. Councilor Daoud provided discussion on the motion. Vote on the motion. 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 Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously with Councilor Gabriel absent. 2. Ordinance 1861 —_First Reading — Accessory Dwelling Units Q� '�-" This item considers amending and adding a new section to the Kalispell Zoning Ordinance to add provisions for accessory dwelling units within certain zones. Page 3 of 9 Kalispell City Council Minutes, July 19, 2021 City Manager Doug Russell provided an overview of the past actions and discussions this item has gone through. Senior Planner P.J. Sorensen provided the staff report on this item. Councilor Nunnally asked questions of staff regarding parking. Councilor Waterman asked questions of staff related to what zones would not be allowed to have ADU's if this ordinance passes. He then asked questions regarding parking. Councilor Daoud asked questions of staff related to the administrative conditional use permit process. Councilor Carlson asked questions of staff related to short term rentals. Mayor Johnson opened public comment. Kim Morisaki, Public Comment Ms. Morisaki of 1329 Bald Eagle Loop spoke regarding managing The Northwest Montana Community Land Trust and how the Land Trust program allows 52 homeowners to own homes at attainable prices with the property underlying remaining in trust. She spoke in favor of accessory dwelling units and provided information as to why. Ms. Morisaki provided reasoning to allay the concerns she feels the council may have related to ADU's. She also feels they should be allowed in all zoning throughout the city and would favor a ban on renting ADU's as short- term rentals. Luke Rummage, Public Comment Mr. Rummage spoke regarding Kalispell having a housing inventory issue. He feels ADU's will open up additional housing and explained his rationale for supporting this ordinance. Chris Hall, Public Comment Mr. Hall feels accessory dwelling units should be handled on a case -by -case basis. He then spoke in opposition to vacation rentals. Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead supports the concept of accessory dwellings when it is site specific and conditions at a particular site are addressed so it is not imposing on the neighbors unfairly. She also spoke regarding the need for workforce housing versus short term rentals. Seeing no further public comment, Mayor Johnson closed public comment. Motion to approve the first reading of Ordinance 1861, an ordinance amending the Kalispell Zoning Ordinance 1677, to allow Accessory Dwelling Units (ADUs) 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 — Kyle Waterman: 2nd Page 4 of 9 Kalispell City Council Minutes, July 19, 2021 00:44:29 Motion to amend the main motion to add within 27.20.082 Item 2.C. "Nightly rentals of less than 30 days are not allowed on both dwelling units." Council Member - Tim Kluesner: Motion Council Member - Ryan Hunter: 2nd Councilor Hunter asked for clarification on the motion. Councilor Daoud provided discussion on the amendment to the motion. Councilor Waterman provided discussion on the amendment. Councilor Nunnally provided discussion on the amendment. Councilor Hunter provided discussion on the amendment. Vote on the motion to amend. Council Member - Tim Kluesner: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve 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 motion failed with Councilors Carlson, Hunter, and Kluesner in favor and Councilors Nunnally, Graham, Waterman, Daoud and Mayor Johnson opposed and Councilor Gabriel absent. 00:54:01 Motion to amend to change back to staff s original language related to parking at 27.20.082, one additional parking space is required for an accessory dwelling unit, however in no case shall more parking be required than otherwise required under Chapter 27.24, related to off street parking design standards. Council Member - Kyle Waterman: Motion Council Member - Ryan Hunter: 2nd Councilor Waterman further explained his amendment. 00:57:04 Councilor Graham provided discussion on the 2"d amendment to the motion. Councilor Waterman further explained his position. 01:00:46 Councilor Kluesner provided discussion on the 2"d amendment to the motion. Councilor Daoud provided discussion on the 2"d amendment to the motion. Page 5 of 9 Kalispell City Council Minutes, July 19, 2021 Councilor Hunter provided discussion on the 2"d amendment to the motion. Councilor Graham provided discussion on the 2"d amendment to the motion. Vote on the 2"d motion to amend. Council Member - Kyle Waterman: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve The 2111 motion to amend failed with Councilors, Waterman, Hunter and Daoud in favor, and Councilors Carlson, Nunnally, Kluesner and Mayor Johnson opposed and Councilor Gabriel absent. 01:15:31 Motion to amend section 27.20.082, item 2.C. to state "Nightly rentals of less than 30 days are not permitted for the Accessory Dwelling Unit." Council member- Tim Kluesner: Motion Council Member — Ryan Hunter: 2nd Councilor Kluesner provided discussion on the 3`d amendment. Councilor Carlson asked for clarification on the Yd amendment. Councilor Waterman provided discussion on the 3rd amendment. Councilor Nunnally asked for clarification. Councilor Daoud provided discussion on the Yd amendment. Councilor Graham provided discussion on the 3`d amendment. Mayor Johnson provided discussion on the 3rd amendment. Councilor Kluesner provided discussion on the 3rd amendment. Vote on the third motion to amend. Council Member - Tim Kluesner: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Page 6 of 9 Kalispell City Council Minutes, July 19, 2021 Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve 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 motion passed with Councilors Carlson, Nunnally, Hunter, Kluesner and Mayor Johnson in favor, and Councilors Graham, Waterman and Daoud opposed and Councilor Gabriel absent. Councilor Graham explained why he did not support the previous motion. Councilor Nunnally provided discussion on the original motion. Councilor Waterman provided discussion on the main motion. Councilor Nunnally provided discussion on the motion. Councilor Hunter provided discussion on the motion. Councilor Daoud provided discussion on the motion. Councilor Nunnally provided discussion on the motion. Vote on the main motion as amended. Council Member - Sid Daoud: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Disapprove Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The main motion passed on roll call vote with Councilor Graham opposed and Councilor Gabriel absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Mr. Russell spoke to the public comment that was received stating that all the items mentioned went through an extensive approval process, public hearings, and numerous opportunities to comment. The July 26, 2021, work session has the following items — Page 7 of 9 Kalispell City Council Minutes, July 19, 2021 o Proposal for the Development of aid and Main Lot - only 1 was received o Transportation Plan Update 01:58:30 Councilor Waterman spoke regarding misunderstandings of the public related to the reduction of impact fees and utility rate changes. He would encourage people to look at those details. Councilor Waterman then addressed public comment received saying the train car is planned for an awesome spot on the trail once the trail is finished. 01:53:43 Councilor Nunnally spoke regarding the recent death of retired Assistant Chief Christopher Johnston of South Kalispell Fire Department and asked that everyone keep his family in their thoughts and prayers. 01:54:20 Councilor Graham agreed with Councilor Waterman's comments and spoke regarding the decisions made related to impact fee reductions. 01:56:32 Councilor Nunnally spoke regarding the graph that was provided related to impact fees and confirmed with Manager Russell that the information is located within the budget message. City Manager Russell spoke regarding how multi -family permits doubled last year and are on pace to increase even more this year. 01:57:38 Councilor Daoud spoke regarding tonight's discussion regarding accessory dwelling units, and how he feels that the Council is now functioning better together as time goes on. 01:59:34 Councilor Graham provided discussion regarding the accessory dwelling unit item. 02:06:49 Mayor Johnson spoke regarding irrigation rates being revised and how that affected rates. He also spoke to water restrictions that are having to be made on the east side of Montana. Mayor Johnson spoke to the luxury of having a good aquifer here. 02:02:06 Manager Russell explained that rates in Kalispell are actually lower than across the state. 02:08:55 Mr. Russell spoke saying that while the city has not had to put in water restrictions, it does not hurt to conserve water when irrigating as the system capacity does feel stress during the peak of the summer. 02:03:39 Mayor Johnson mentioned public comments made saying no matter what we do on the Council level — it is not personal. He spoke to the strengths of a diverse council. As we monitor the ADU ordinance, or other policy we have put into place we can amend as we receive new information or feel we have made a mistake. Mayor Johnson would encourage the public to participate and urged the council to look at things and always be willing to make things better. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:05 p.m. Page 8 of 9 Kalispell City Council Minutes, July 19, 2021 %SPA` AitHee Brunckhorst CMC ►fE ........... 01 05j—CC Q Minutes approved on August 2, 2021 ., .. %`- UPCOMING SCHEDIJL'1�3 ✓1fl6k YOUR INFORMATION Next Work Session — July 26, 2021, at 7:00 p.m. — Council Chambers Next Regular Meeting — August 2, 2021, 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