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08-02-21 City Council Meeting MinutesMY OF KALISPELL CITY COUNCIL MEETING MINUTES August 2, 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 ubliccomment alkalis ell.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: Present via video conference Council Member - Sandy Carlson: Present Council Member - Sam Nunnallv: Present Council Chair - Chad Graham: Present Council Member - Kyle Waterman: Present Council Member - Sid Daoud: Present Council Member - Tim Kluesner: Present Council Member - Ryan Hunter,: Present 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, Public Works Director Susie Turner, Senior Engineer Keith Haskins, and Patrol Captain Brett Corbett. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and vote to approve the agenda as presented. 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: Approve Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Page 1 of 8 Kalispell City Council Minutes, August 2, 2021 Council Member - Tim Kluesner- Approve Council Member - Ryan Hunter: 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 — July 19, 2021 _Motion and vote to approve the consent agenda Council Member - Sid Daoud: 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 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 was approved unanimously on voice vote 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. Mayor Johnson opened general public comment. Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead mentioned a letter that she sent to Council today listing concerns regarding the MOVE 2040 Transportation Plan that was discussed during last week's work session meeting and will be the subject of an upcoming public hearing. She further outlined her concerns. Seeing no further public comment, Mayor Johnson 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 publiccommenta or during the meeting in council chambers or via the online meeting. Please provide your name and address for the record. Page 2 of 8 Kalispell City Council Minutes, August 2, 2021 1. Ordinance 1861- Second Reading - Accessory Dwelling Units a 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 a brief overview of this item. Public Comment Mayor Johnson opened public comment. Luke Rummaire, Public Comment Mr. Rummage of 1910 Jefferson Boulevard spoke in support of this Ordinance referring to the urgent lack of housing supply, returning children and seniors, and other arguments in favor of ADU's. Seeing no further public comment, Mayor Johnson closed public comment. 00:11:37 Motion to approve the second reading of Ordinance 1861, 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 - Sid Daoud: 2nd Councilor Waterman provided discussion in favor of the motion. 00:12:35 Councilor Graham asked for an amendment to the motion to Section 27.20.082 #2 to strike the word administrative from the language and in other areas where it would pertain, thus making it a conditional use permit. Amendment to the motion died for lack of a second. 00:13:44 Councilor Graham provided discussion in opposition of the Ordinance stating his reasoning. 00:15:48 Councilor Daoud provided discussion in favor of 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• Approve Council Chair - Chad Graham: Disapprove Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner• Approve Page 3 of 8 Kalispell City Council Minutes, August 2, 2021 Council Member - Ryan Hunter: Approve The motion passed on roll call vote with Councilor Graham opposed. la 2. Resolution of Intent 6033 --- Kalispell MOVE 2040 Transportation Plan G This resolution sets a public hearing date of August 16, 2021, to take public comment on the MOVE 2040 Kalispell Area Transportation Plan and its inclusion into the Kalispell Growth Policy Plan -It 2035. City Manager Doug Russell provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00.1 R.31C Motion to approve Resolution 6033, a resolution to adopt, revise or reiect a recommended amendment to the Kalispell Growth Policy Plan -IT 2035 in order to update the 2008 Kalispell Area Transportation Plan and to call for a public hearing. 00:19:07 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: Approve 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 on roll call vote. 3. Mountain View Planned Unit Development and Major Preliminary Plat a This item considers an application from Bison Hill, LLC for a residential planned unit development overlay on approximately 139 acres abutting the north side of Foys Lake Road to the west of the Highway 93 bypass, along with major preliminary plat approval for Phase 1 of the development. a. Ordinance 1862 — First Reading — PUD b. Resolution 6034 — Preliminary Plat Senior Planner P.J. Sorensen provided the staff presentation on this item. Councilor Waterman began questions for staff. 00:36:17 Senior Engineer Keith Haskins answered questions regarding water issues. Page 4 of 8 Kalispell City Council Minutes, August 2, 2021 Senior Planner P.J. Sorensen answered questions related to the meaning of cottage lot. 00:38:57 Councilor Hunter asked questions related to the number of cottage lots. 00:40:17 Councilor Kluesner asked questions related to the approval process. 00:41:09 Councilor Hunter asked a question related to Foys Lake Road frontage. 00:42:17 Councilor Hunter asked questions related to construction of the bypass. He then asked questions related to a letter submitted by Montana Fish, Wildlife and Parks. 00:44:02 Councilor Kluesner asked a question related to egress plans over Ashley Creek from a previous, expired PUD that was previously approved in this area. 00:49:09 Councilor Graham asked questions related to the cottage lots. 00:50:11 Councilor Kluesner asked about the possibility of accessory dwelling units in this PUD. Public Comment Mayor Johnson opened public comment. Gary Schnell Public Comment Mr. Schnell, Vice President of Operations at Teton Land Development, the management arm of Bison Hill spoke to questions raised by Council beginning with north access issues. He then answered questions regarding cottage lots. He spoke regarding the vision for the development and referred to grading and topography challenges. He spoke regarding a cooperative agreement with the Montana Department of Transportation related to fill dirt MDT requires for the bypass project. 00:58:30 Mike Brody, WGM Group Mr. Brody thanked Planning and Public Works staff for the extensive time they have spent working on this project. He spoke regarding water pressure issues and a pressure zone needed. He spoke to the buffer next to the wetlands area and talked about the planned central park area. He provided additional information about the cottage lots and related parking. He talked regarding the reasoning for the lack of frontage on Foys Lake Road. He provided clarification regarding the Traffic Impact Study. Mr. Schnell provided further information about cottage lots. He also talked about exploring the possibility of community gardens within the park. 01:07:47 Geri Young. Public Comment Ms. Young asked about the culvert that would come across Foys Lake Road as she has concerns about water volume. She spoke regarding water runoff concerns to Lone Pine Estates. She asked about sawdust pile mitigation that may need to be done on the north end of the site. Mr. Schnell answered questions posed by public comment. Page 5 of 8 Kalispell City Council Minutes, August 2, 2021 Seeing no further public comment, Mayor Johnson closed public comment. 01:14:38 Motion to approve the first reading of Ordinance 1862, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by creating a residential Planned unit development Overlay Zone, to be known as Mountain View Planned Unit Development, over certain real property more particularly described as Tract 9 of COS 19234 located in the south half of the northeast quarter, north half of the southeast quarter, north half of the southwest quarter and in the east half of the northwest quarter of section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, in accordance with the Kalispell Growth Policy -Plan IT 2035, and to provide an effective date. Council Member — Kyle Waterman: Motion Council Member — Kari Gabriel: 2nd 01:16:16 Councilor Graham provided discussion on the motion. 01:18:25 Councilor Hunter provided discussion on the motion. 01:23:04 Mayor Johnson provided discussion on the motion. 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: 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 on roll call vote. 01:25:08 Motion to approve Resolution 6034, a resolution conditionally approving the preliminary plat of Mountain View Phase 1, described as Tract 9 of COS 19234 located in the south half of the northeast quarter, north half of the southeast quarter, north half of the southwest quarter and in the east half of the northwest quarter of Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member — Sid Daoud: Motion Council Member — Sam Nunnall 01:26:03 Councilor Daoud provided discussion on the motion. Vote on the motion. Page 6 of 8 Kalispell City Council Minutes, August 2, 2021 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 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 on roll call vote. 02 4. Resolution 6035 - Meadows Edge Preliminary Plat Phases 3 and 4 a This resolution considers major preliminary plat approval of 54.91 acres to Meadows Edge, LLC, for phases 3 and 4 at 1120 Farm to Market Road. Senior Planner P.J. Sorensen provided the staff presentation on this item. 01:32:36 Councilor Waterman asked questions for staff related to parkland requirements. 01:34:39 Councilor Kluesner asked questions related to sewer in phase 4. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:37:35 Motion to approve Resolution 6035, a resolution conditionally approving the preliminary plat of Phases 3 and 4 of Meadows Edge, described as a tract of land being a portion of Tract 3 of Certificate of Survey 18892, on file and of record in Flathead County, Montana, located in the southeast quarter of section 3, township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member — Chad Graham: Motion Council Member — Kyle Waterman: 2nd Councilor Hunter provided discussion on the motion. Vote on the motion. Council Chair - Chad Graham: 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 Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Page 7 of 8 Kalispell City Council Minutes, August 2, 2021 Council Member - Ryan Hunter: 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: • Next Work Session: Drones and GIS (Geographic Information Systems) Report • Final Budget Resolutions on the August 16, 2021, council meeting. Work Session at end of month: Design Standards for Core area 01:41:36 Councilor Hunter would like to see large, planned unit development projects come before Council at a work session. He then spoke regarding the increase in COVID cases nationally and locally and would encourage the community to get vaccinated to protect others that cannot such as children. 01:44:32 Mayor Johnson acknowledged receipt of written comments to Council regarding the Transportation Plan from Mayre Flowers with Citizens for a Better Flathead. Mayor Johnson spoke regarding the work that Council has done over the last eight years to increase housing and improve the community in other ways. He then asked the public to welcome our new neighbors to retain our community spirit. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:50 p.m. �•�poRq /��O': r% —1-'• vS�L 'r = AinWe Brunckhorst, CMC t� 1892 ter-_ . City Clerk i •• ��� f„�r/,`���Minutes approved on August 16, 2021 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — August 9, 2021, at 7:00 p.m. — Council Chambers Next Regular Meeting — August 16, 2021, at 7:00 p.m. — Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetin s on Demand tab at www.kalispell.com. Page 8 of 8