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E1. 10-18-21 Council Minutes Page 1 of 7 CITY COUNCIL MEETING MINUTES Monday, October 18, 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. Time stamped minutes attached to the video of this meeting can be found online at: https://www.kalispell.com/480/Meeting-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present via video conference Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: 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 via video conference Staff present included City Manager Doug Russell, Assistant City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Planner II Rachel Ezell, Public Works Director Susie Turner, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as presented. Council Member - Kyle Waterman: 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 Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Kalispell City Council Minutes, October 18, 2021 Page 2 of 7 Council Member - Sid Daoud: Approve 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 – October 4, 2021  2. Award Bid for a Front-End Loader with Clam Bucket and V-Plow Wing Combo Unit  Staff recommends awarding this bid to RDO Equipment Company in the amount of $221,750. 3. Ordinance 1864 – Second Reading - Parkland Meadows Zoning and Planned Unit Development  Staff recommends approval of an application from G23 Properties, LLC for a residential mixed use PUD overlay with RA-1 (residential apartment) zoning, for 38.4 acres at the northeast corner of Airport Road and Cemetery Road. 4. Ordinance 1865 – Second Reading - Starling Zoning and Planned Unit Development  Staff recommends approval of an application from Kilday & Stratton for a residential mixed use PUD overlay with a change in zoning to RA-1 (residential apartment) for phases 1-3 on 58-acres on the west side of Stillwater Road to the west of Timberwolf Parkway. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. 00:05:29 Motion and Vote to approve the consent agenda as submitted. Council Member - Kyle Waterman: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent 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. Kalispell City Council Minutes, October 18, 2021 Page 3 of 7 F. COMMITTEE REPORTS - Architectural Review Committee Awards – Julia Pierrottet, Chair of the Committee  Julia Pierrottet, Chair of the Architectural Review Committee presented an award for the Cushing Terrell Building remodel at 745 South Main Street explaining the award-winning elements that went into the project. She then presented an award for the Cottages at Immanuel Lutheran on Buffalo Hill explaining why these buildings were presented the second award. Cushing Terrell (745 S Main St) Owner: CTA Building LLC Contractor: Martel Construction Architect: Cushing Terrell The Cottages at Buffalo Hill (189/191 Crestline Ave) Owner: Immanuel Lutheran Corporation Contractor: Davidson Construction, Inc. Architect: MMW Architects Jason Cronk with Immanuel Lutheran presented the Architects and other project leaders and spoke to their award. Planner Rachel Ezell reported that the owners of the Cushing Terrell project could not be in attendance tonight but expressed their thanks. Mayor Mark Johnson spoke to the contributions of the award winners. 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. Kip Smith, Public Comment Mr. Smith of 137 Ridge View Drive representing Rails to Trails of NW Montana, and the Kalico Art Center thanked Council for their support of the Tunnel Vision 2021 project. He spoke further about the project, saying 7 artists, and 120 volunteers transformed almost 5400’ of concrete into 5 beautiful murals. He explained phase 3 will occur next year with the Lone Pine tunnel. He then invited Council and the public to a viewing and dedication at 11 a.m. this Sunday, October 17, 2021, at the KidSports/Flathead Valley Community College tunnel. General public comment received to publiccomment@kalispell.com recently can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=148118&dbid=0&repo=Kalispell Seeing no further public comment, Mayor Johnson closed public comment. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Kalispell City Council Minutes, October 18, 2021 Page 4 of 7 Persons wishing to address the council on individual agenda items are asked to provide public comment via email to publiccomment@kalispell.com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Ordinance 1866 – Second Reading, Zoning Text Amendment, Marijuana Dispensaries  Staff recommends approval of this ordinance amending the zoning code by adding marijuana dispensaries, cultivation, and manufacturing as uses which may be permitted within certain zones with an administrative conditional use permit subject to certain enumerated conditions. City Manager Russell provided a brief overview of the past discussions and actions related to this item. Senior Planner P.J. Sorensen showed Council an interactive map. 00:19:14 Councilor Hunter asked about legal liability if restricted to industrial zones. 00:20:21 Councilor Waterman asked about how licenses will be distributed by the state. He then asked questions regarding what other municipalities are doing related to caps on dispensaries. Public Comment Mayor Johnson opened public comment. Gabe Mariman, Public Comment Mr. Mariman, of 3854 Whitefish Stage Road, owner of Bias Brewing and a board member of the Kalispell Downtown Association and the Kalispell Business Improvement District, and the Montana Brewers Association Policy Committee spoke to spending his time growing his family, business, and the overall health of Kalispell. Mr. Mariman asked Council to not pass this Ordinance as written. He spoke regarding concerns that this Ordinance as drafted bans a new industry and license group from operating in downtown Kalispell. As he understands it, this industry will be capped, and will be tightly regulated by the state. He spoke further why he feels this ban would have a negative impact on Kalispell, and how a diversity in licensing downtown would help grow our economic ecosystem, improve retail diversity, increase revenue and taxes, increase property values, and offer amenities expected by locals and tourists. He asked Council to re-draft this Ordinance to cap the number of licenses rather than banning this industry from the downtown ecosystem. Zach Block, Public Comment Mr. Block owner of a medical marijuana dispensary in Smith Valley spoke regarding this emerging industry and how he would like to help expand this industry responsibly and cooperatively. He spoke regarding growing up in the area and his experiences downtown. He would like to be a part of making downtown more of a destination. He would encourage Council to welcome the industry and work with the industry and see it as an opportunity. Wayne Bennett, Public Comment Kalispell City Council Minutes, October 18, 2021 Page 5 of 7 Mr. Bennett, of 2209 Camas Back Court and owner of Glacier Green Cross in Evergreen spoke regarding his feelings of being unjustly treated as a business owner. He spoke to the access needs of his medical marijuana customers, and how hard it is for many of them to travel to the dispensary. Mr. Bennett spoke to the restrictions that are always in place for his facility, and the inspectors that are often around. He further explained why he feels the industry should be allowed in Kalispell. 00:33:16 Melisssa Block, Public Comment Ms. Block, an acupuncturist and doctor of Chinese medicine with a business on First Avenue East spoke to the many patients that ask about or use marijuana for pain. She spoke to the amazing opportunity for the community to realize value from this industry. She feels that the city will be losing a lot of revenue if dispensaries are only allowed to be within industrial areas. She encouraged Council to consider opening up the dialogue for dispensaries in downtown Kalispell. Public comment received to publiccomment@kalispell.com on this matter can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. Seeing no further public comment, Mayor Johnson closed public comment. 00:37:01 Motion to approve Ordinance 1866, an Ordinance amending the Kalispell zoning Ordinance 1677, to allow marijuana dispensaries, cultivation, and manufacturing within certain zoning districts to be an administrative conditionally permitted use in the City of Kalispell and declaring an effective date. Council Member – Sid Daoud: Motion Council Member – Sam Nunnally: 2nd 00:38:45 Councilor Daoud made a motion to amend the Ordinance to its original form based upon the Planning Board’s recommendation that was presented in the council meeting packet for October 4, 2021. Council Member – Sid Daoud: Motion Council member – Ryan Hunter: 2nd 00:39:24 Councilor Daoud spoke to his amendment to the motion. 00:46:01 Councilor Waterman provided discussion on the amendment. 00:48:34 Councilor Hunter provided discussion on the amendment. 00:50:10 Councilor Graham provided discussion on the amendment. 00:51:12 Councilor Nunnally provided discussion on the amendment. Vote on the amendment to the motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Kyle Waterman: Approve Kalispell City Council Minutes, October 18, 2021 Page 6 of 7 Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Disapprove Council Member - Ryan Hunter: Approve The amendment to the motion failed with Councilors Daoud, Waterman and Hunter in favor, and Councilors Gabriel, Nunnally, Graham, Kluesner and Mayor Johnson opposed, and Councilor Carlson absent. 00:52:54 Councilor Graham provided discussion on the original motion. 00:54:19 Councilor Daoud provided discussion on the original motion. 00:55:54 Councilor Hunter provided discussion on the original motion. 00:57:05 Councilor Hunter made an amendment to the motion to include new businesses that sell alcohol or cigarettes will only be allowed in industrial zones. The amendment to the motion died for lack of a second. 00:59:09 Councilor Gabriel provided discussion on the original motion. 01:00:26 Councilor Waterman provided discussion on the original motion. 01:01:48 Councilor Nunnally provided discussion on the original motion. 01:02:43 Councilor Daoud provided discussion on the original motion. 01:04:03 Mayor Johnson provided discussion on the original motion. Vote on the original motion. Council Member - Sid Daoud: 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 Chair - Chad Graham: Approve Council Member - Kyle Waterman: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The main motion passed with Councilors Gabriel, Kluesner, Nunnally, Graham , Hunter, and Mayor Johnson in favor, and Councilors Daoud, and Waterman opposed and Councilor Carlson absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Police and Fire Impact Fees are coming up for their five-year reviews. • Recognition by the Montana Association of Chiefs of Police of Ryan Bartholomew as Officer of the Year, and Chief Doug Overman as Administrator of the Year. Kalispell City Council Minutes, October 18, 2021 Page 7 of 7 01:12:56 Councilor Nunnally spoke regarding attendance at the Warming Center ribbon cutting and how impressed he was by the remodel that was done. He also spoke to the words spoken by Chief Overman at the ribbon cutting. 01:13:28 Councilor Daoud provided discussion on the outcome of Ordinance 1866. 01:15:07 Councilor Kluesner spoke regarding the upcoming local election and the influence he feels donations have on elections. He spoke regarding the finance reports for those under consideration for election. 01:23:04 Councilor Waterman spoke regarding the importance of running for election and spoke to some of the comments presented by Councilor Kluesner. 01:24:59 Councilor Hunter agreed with the comments made by Councilor Waterman and cautioned against making political statements within a City Council meeting. 01:26:07 Mayor Johnson spoke to his views about the upcoming election and encouraged electorates to reach out to the candidates. 01:27:38 Mayor Johnson reported his attendance at a QPR Training by a Veterans Group related to prevention of suicide. He felt the training was very valuable. The group would like to do a QPR Training with the City Council at an upcoming meeting so it can be broadcast live and open to the public. He asked the Council whether they would be willing to do the training at an upcoming work session. The council agreed. 01:31:58 Mayor Johnson urged hunters and other recreators to be careful this weekend as it is opening weekend for hunting. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:30 p.m. _______________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2021 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – October 25, 2021, at 7:00 p.m. – Council Chambers Next Regular Meeting – November 1, 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.