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10-04-21 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES Monday, October 4, 2021, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public was invited to attend in person in the council chambers or via videoconferencing. Public comment was also able to be delivered via email to publiccommentakalislell.com. Time stamped minutes attached to the video of this meeting can be found online at: https://www.kalispell.com/480/Meetinz-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: Present Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Absent 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, Finance Director Rick Wills, and Patrol Captain Brett Corbett. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as presented. 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: Absent Council Chair - Chad Graham: Absent Council Member - Kyle Waterman: Approve Page 1 of 12 Kalispell City Council Minutes, October 4, 2021 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 —September 20, 2021 a 2. Acceptance of a Communily Development Block Planning Grant on behalf of m Samaritan House �` G Staff is recommending acceptance of this CDBG Planning Grant of $50,000 for Samaritan House to develop a preliminary architectural report for the expansion of the Samaritan House facility at 1110 2nd Street West. 3. Acceptance of the Montana State Homeland Security Program Grant Award Staff is recommending acceptance of this $40,000 grant for support of the Kalispell m Area hazmat team. ' a 4. Acceptance of Montana Digital for the Private Fiber and Direct Internet Access 0 Project 43 Staff recommends proceeding with an agreement with Montana Digital to add private fiber and direct internet access to five City buildings. m 5. Police Officer Confirmation of Will Appel G Staff is recommending the confirmation of Will Appel as a Kalispell Police Officer as he has satisfactorily completed his one-year probationary period. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. 00:03:17 Motion and Vote to accept 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: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Absent Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Page 2 of 12 Kalispell City Council Minutes, October 4, 2021 Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote. 00:03:39 Captain Brett Corbett introduced Officer William Appel and spoke to his experience and as a valued member of the department. Mayor Mark Johnson pinned Officer Appel's badge and offered congratulations and thanks. Officer William Appel spoke to the importance of the support he feels from the community. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please see the last page of the agenda for the proper manner of addressing the council and limit comments to three minutes. Public comment can also be provided via email to 12ubliccommenakalisi2ell.com, or via video conference. If participating via video conference, please use the raise hand feature. Mayor Johnson opened general 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 12ubliccommentakaliVell.com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Interlocal Agreement with Flathead City -County Health Department Staff recommends approval of a new Interlocal Agreement with the Flathead m City -County Health Department. G City Manager Russell began the staff presentation. 00:11:05 Councilor Waterman asked about the process the agreement has gone through. 00:12:54 Mayor Johnson asked about the appointment process. 00:13:41 Councilor Kluesner asked further questions about the board appointment process. Public Comment Mayor Johnson opened public comment. 00:14:11 Ronalee Skees, Public Comment Ms. Skees a member of the Flathead City -County Health Board encouraged Council to support the Interlocal Agreement and spoke to the many services the Health Department does for the community. Seeing no further public comment, Mayor Johnson closed public comment. Page 3 of 12 Kalispell City Council Minutes, October 4, 2021 00:15:13 Motion to approve the Interlocal Agreement between Flathead County and the Cities of Kalispell, Whitefish, and Columbia Falls. Council Member — Kyle Waterman: Motion Council Member — Sandy Carlson: 2"d 00:15:32 Councilor Waterman provided discussion on the motion. 00:16:41 Councilor Hunter provided discussion on the motion. Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Sandy Carlson: 2nd Manor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Absent 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 voice vote. 2. Use Agreement with KALICO Art Center for Art Wraps on Traffic Signal Boxes Staff recommends approval of this use agreement for installation and maintenance m of vinyl wraps on 6 traffic signal boxes in downtown Kalispell. G City Manager Russell began the staff presentation. 00:19:34 Mayor Johnson asked about item 4c on the agreement related to warranty timing. Public Comment Mayor Johnson opened public comment. 00:20:22 Jemina Watstein, Public Comment Ms. Watstein, Executive Director with Kalico Art Center spoke to the positive experiences related to the tunnel art that has previously been completed. She explained this project will be done by April. Seeing no further public comment, Mayor Johnson closed public comment. 00:21:27 Motion to approve a Use Agreement with Kalico for the installation and maintenance of vinyl wraps on six traffic signal boxes in downtown Kalispell. Council Member — Kyle Waterman: Motion Council Member — Kari Gabriel: 2nd Page 4of12 Kalispell City Council Minutes, October 4, 2021 00:21:49 Councilor Waterman provided discussion on the motion and a thank you to Kalico Art Center pointing out their success on past projects and ability to bring intergenerational volunteers together. 00:23:04 Councilor Carlson commended the artists whose art will be wrapped onto the boxes. 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: Absent Council Chair - Chad Graham: Absent 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 voice vote. 3. Resolution 6051 — Communky Development Budget Amendment Staff recommends approval of Resolution 6051, amending the fiscal year 2021 Community Development Miscellaneous Appropriation Budget by $44,074. City Manager Russell began the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:24:51 Motion and Vote to approve Resolution 6051, a resolution amending the Community Development Miscellaneous Special Revenue Fund Budget of the City of Kalispell, Montana, as set forth in the 2020-2021 budget adopted by the City Council. Council Member - Sid Daoud: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Absent 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. 4. Parkland Meadows Annexation Initial Zoning, Planned Unit Development (PUD), m and Preliminary Plat '� G Page 5 of 12 Kalispell City Council Minutes, October 4, 2021 Staff recommends approval of an application from G23 Properties, LLC for a residential mixed use PUD overlay with annexation, RA-1 (residential apartment) zoning, and major preliminary plat for 38.4 acres at the northeast corner of Airport Road and Cemetery Road. a. Resolution 6052 - Annexation b. Ordinance 1864 - First Reading - Initial Zoning and PUD c. Resolution 6053 - Preliminary Senior Planner P.J. Sorensen provided the staff report. 00:36:36 Councilor Hunter asked about parking standards. He then asked questions regarding density. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:38:53 Motion to approve Resolution 6052, 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 13D,13E and W located in the Southwest Quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as more particularly described on Exhibit A. to be known as Parkland Meadows addition 454, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. Council Member - Kyle Waterman: Motion Council Member - Tim Kluesner: 2nd Council Member - Kyle Waterman: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Absent 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 Councilors Nunnally and Graham absent. 00:40:42 Motion to approve the first reading of Ordinance 1864, an Ordinance to amend Section 27 02 010, official zoning may, City of Kalispell Zoning Ordinance 1677, by creating a Planned Unit Development Overlay Zone, to be known as Parkland Meadows Planned Unit Development, over certain real property described as Assessor's Tracts 13D,13E and 6J located in the Southwest Quarter of Section 29, Township 28 North, Range 21 West, P M ,M , Flathead County, Montana, and as more particularly described on Exhibit A, in Page 6 of 12 Kalispell City Council Minutes, October 4, 2021 accordance with the Kalispell Growth Policy — Plan It 2035, and to provide an effective date. Council Member — Kyle Waterman: Motion Council Member — Sandy Carlson: 2nd 00:41:38 Councilor Hunter provided discussion on the motion. 00:42:10 Councilor Daoud provided discussion on the motion. 00:42:36 Mayor Johnson 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: Absent Council Chair - Chad Graham: Absent 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. 00:43:53 Motion to approve Resolution 6053, a resolution conditionally approving the preliminary plat for Parkland Meadows described as Assessor's Tracts 13D,13E and 6J located in the Southwest Quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Absent 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. 5. Starling Phases 1-8 Zone Change, and Planned Unit Development PUD Overla m and Preliminary Plat for Phases 1-3 a 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) and preliminary plat for phases 1-3 on 58-acres on the west side of Stillwater Road to the west of Timberwolf Parkway. a. Ordinance 1865 — First Reading — Zone Change and PUD Page 7 of 12 Kalispell City Council Minutes, October 4, 2021 b. Resolution 6054 — Preliminary Plat Senior Planner P.J. Sorensen provided the staff report. 00:58:11 Councilor Hunter asked questions related to the six accessory dwelling units. 00:58:52 Mayor Johnson asked about the review process. Public Comment Mayor Johnson opened public comment. 00:59:43 Gres Stratton, Public Comment Mr. Stratton with Kilday and Stratton introduced his team and announced they are available for any questions Council may have. He spoke to the previous question regarding accessory dwelling units saying they have built ADU's extensively on other projects, but have found they are not as popular as you may think, and are best suited for specific lots where parking is not an issue. Seeing no further public comment, he closed public comment. 01:01:11 Motion to approve the first reading of Ordinance 1865, an Ordinance to amend Section 27 02 010, official zoning may, City of Kalispell Zoning Ordinance 1677, by creating a Planned Unit Development Overlay Zone, to be known as Starling Planned Unit Development, over certain real property described as a portion of Assessor's Tracts 4A and 6, located in the East half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, and as more particularly described on Exhibit A, in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. Council Member — Kyle Waterman: Motion Council Member — Sid Daoud: 2nd Councilor Hunter provided discussion on the motion. 01:05:31 Councilor Waterman provided discussion on the motion. 01:05:59 Mayor Johnson provided discussion on 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: Absent Council Chair - Chad Graham: Absent 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. Page 8 of 12 Kalispell City Council Minutes, October 4, 2021 01:07:52 Motion to approve Resolution 6054, a resolution conditionally approving the preliminary plat of Starling Phases 1-3 described as a portion of Assessor's Tracts 4A and 6, located in the East half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. 01:08:31 Councilor Daoud provided discussion on the motion. Vote on the motion. Council Member - Tim Kluesner: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Absent 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. 6. Ordinance 1866 —First 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. G City Manager Russell provided background on previous discussions. Senior Planner P.J. Sorensen provided the staff report. 01:14:48 Councilor Daoud began questions for staff related to the displayed map. 01:17:30 Councilor Waterman continued questions for staff related to suggested buffers. 01:18:16 Councilor Kluesner continued questions related to buffers. 01:19:41 Councilor Hunter continued questions related to the recommended buffers. 01:21:02 Councilor Kluesner continued questions related to the buffers. 01:22:21 Mayor Johnson asked questions related to the state rules. 01:22:43 Johnna Preble, Assistant City Attorney spoke regarding draft rules that the state has been working on. Page 9 of 12 Kalispell City Council Minutes, October 4, 2021 01:23:44 Mayor Johnson continued questions related to taxing. He then asked questions related to Federal Law. Public Comment Mayor Johnson opened public comment. Rafael Moscatel. Public Comment Mr. Moscatel spoke in opposition to the use and legalization of marijuana explaining why he feels that way. Seeing no further public comment, Mayor Johnson closed public comment. 01:30:46 Motion to approve the first reading of 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 — Kyle Waterman: Motion Council Member — Sid Daoud: 2nd 01:31:19 Councilor Waterman provided discussion on the motion. Motion to amend by removing the parks from the 300-foot buffer, an amendment to section 27.35.087 by removing the word parks. Councilor Waterman: Motion Councilor Hunter: 2"d 01:33:05 Councilor Daoud provided discussion in favor of the motion. 01:36:04 Councilor Hunter provided discussion in favor of the motion. 01:39:23 Councilor Carlson provided discussion opposed to the motion. 01:40:12 Mayor Johnson provided discussion opposed to the motion. 01:41:36 Councilor Kluesner provided discussion opposed to the motion. 01:43:18 Councilor Gabriel provided discussion opposed to the motion. Vote on the amendment to the motion. Council Member - Kyle Waterman: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Absent Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Disapprove Council Member - Ryan Hunter: Approve The motion failed with Councilors Waterman, Daoud and Hunter in favor, and Councilors Page 10 of 12 Kalispell City Council Minutes, October 4, 2021 Gabriel, Carlson, Kluesner, and Mayor Johnson opposed, and Councilors Graham and Nunnally absent. 01:45:51 Councilor Hunter made a motion to amend to remove the parklets at Highway 2 and Highway 93 from the parks buffer. The amendment to the motion failed for lack of a second. 01:46:55 Mayor Johnson made a motion to amend Exhibit A and strike all reference to all B-1, B-2, B-3, B-4, and B-5 zoning districts (only industrial zones would remain). Council Member - Mayor Johnson: Motion Council Member - Councilor Gabriel: 2°d 01:47:33 Mayor Johnson spoke to his motion. 01:54:18 Councilor Daoud provided discussion in opposition to the amendment and asked staff how the amendment would show on the map. 01:58:50 Councilor Waterman provided discussion in opposition to the amendment to the motion. Vote on the amendment. Mayor - Mark Johnson: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Absent Council Member - Kyle Waterman: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove The amendment passed with Councilors Gabriel, Carlson, Kluesner, and Mayor Johnson in favor and Councilors Waterman, Daoud and Hunter opposed, and Councilors Nunnally and Graham absent. Vote on the main motion. Council Member - Kyle Waterman: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Absent Council Member - Kyle Waterman: Disapprove Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove Page 11 of 12 Kalispell City Council Minutes, October 4, 2021 The main motion as amended passed with Councilors Gabriel, Carlson, Kluesner, Hunter and Mayor Johnson in favor, and Councilors Waterman and Daoud opposed and Councilors Graham and Nunnally absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Montana League of Cities and Towns Conference online all this week. • Next work session — Intersection improvements as it relates to traffic. Capital improvements in next city budget. 02:02:15 Councilor Daoud spoke to the strong views regarding cannabis and the industry and was glad to see the Council was able to disagree amicably. 02:03:08 Councilor Gabriel agreed with Councilor Daoud and appreciated the discussion and input. 02:03:31 Mayor Johnson voiced his appreciation for Council dialogue. He then spoke regarding the Rose Crossing curve changes. He then referenced the Facebook outage that occurred today. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:02 p.m. Aim e Brunckhorst, CMC City Clerk Minutes approved on October 18, 2021 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — October 11, 2021, at 7:00 p.m. — Council Chambers Next Regular Meeting — October 18, 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 12 of 12