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12-06-21 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES Monday, December 6, 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 publiccommentCakaliMell.com. Video of this meeting with time stamped minutes can be found at: httys://www.katispefl.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 conferencing Council Member - Sandy Carlson: Present 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 Staff present in 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, Senior Engineer Keith Haskins, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Tim Kluesner: Motion Council Chair - Chad Graham: 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 Page 1 of 13 Kalispell City Council Minutes, December 6, 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. Council Minutes — November 15, 2021 2. Bid Rejection for Side Arm Loader Solid Waste Truck Staff recommends rejecting the bid received for a 31 cubic yard side arm loader solid waste truck. 3. Confirmation of Police Officer Toth Mendius Staff recommends the confirmation of Police Officer Toth Mendius who has successfully completed his probationary period with the Kalispell Police Department. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the agenda as submitted. Council Member - Sam Nunnally: 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 was approved unanimously. 00:03:48 Police Chief Doug Overman spoke to the strength of character shown by Police Officer Toth Mendius who was just confirmed as successfully completing his one-year probationary period. Chief Overman provided background on Officer Toth's education and work history. Mayor Johnson pinned an officer badge onto Officer Toth Mendius and congratulated him. 00:06:04 Page 2 of 13 Kalispell City Council Minutes, December 6, 2021 Officer Toth Mendius thanked the Council, the administration and other members of the department and said he grew up here in Kalispell and appreciates the opportunity to serve here. 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. Those addressing the council were requested to give their name and address for the record. Public comment was also available via email to publiccommentAkalisipell.com, or via video conference. Mayor Johnson opened general public comment. Cherilyn De Vries, Public Comment Ms. Devries addressed the appointment to the City -County Board of Health asking the Mayor and Council to appoint an elected official to the board as they have been vetted by the public. She further explained why she feels that way. Margaret Dore, Public Comment Ms. Dore spoke regarding having a negative reaction to an immunization when she was younger and said she feels immunizations should be banned and would like the appointment to the Health Board to understand that vaccines are dangerous. Jamie Ouinn, Public Comment Ms. Quinn, Executive Director of the Flathead Food bank spoke to invite everyone to a town hall regarding homelessness this Wednesday at the Gallatin Gateway Mall from 11:30 a.m. to 1 p.m. She explained that Kyle Waterman will be providing opening and closing remarks and Frank Garner will be moderating. Panelists will include Samaritan House, Abby Shelter, Ray of Hope, and about 3 other organizations. Registration is not required. Ms. Quinn then spoke about a call line similar to 911, that will be 211 to find out about community services which they hope to have up and running next week. Shaun Pandina Public Comment Mr. Pandina spoke regarding the sidewalk crossing for the Kalispell Parkline at 51h Avenue saying he feels it is unsafe as pedestrians do not have a stop sign, just a yield sign. He feels it is unclear and should have a small stop sign for the pedestrians. Public comments received to publiccommentakalispell.com can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=l 28274&dbid=0&re1)o=Kalispell. 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 were asked to provide public comment via email to publiccommentkalispell.com or during the meeting verbally in council chambers or via the online meeting. Page 3 of 13 Kalispell City Council Minutes, December 6, 2021 1. Ordinance 1869 — First Reading - Ward Map Redistricting Staff recommends approval of Ordinance 1869 that realigns the Ward boundaries to reflect the population increase and shift within the City as evidenced by the Census 2020 data. City Manager Russell provided an overview of this item. 00:15:37 Development Services Director Jarod Nygren provided additional information about how the new map was devised and where the changes were made. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:17:25 Motion and Vote to approve the first reading of Ordinance 1869, an ordinance amending Ordinance1706 codified as Section 6-1 of the Kalispell City Code by re-establishing the boundaries of the wards of the city based upon census 2020 population figures and the mandate of State Law at section 7-5-4401 Montana Code annotated. 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. 2. Bish's RV Annexation Initial Zoning and Planned Unit Development Zoning Overlay Staff recommends approval of an application from Bish's RV for annexation of approximately 8.36 acres at 3100 Highway 93 South with a zoning designation of B-2 (General Business), and approval of a Planned Unit Development overlay on this property along with an adjacent 12.58-acre parcel already within city limits. a. Resolution 6056 — Annexation b. Ordinance 1870 — First Reading — Planned Unit Development Overlay 00:19:36 Senior Planner P.J. Sorensen provided the staff report on this application. 00:25:44 Councilor Hunter began questions for staff asking about the purposes of the application. 00:28:50 Councilor Daoud continued questions asking about future construction plans in the area related to the bypass. Page 4 of 13 Kalispell City Council Minutes, December 6, 2021 Public Comment Mayor Johnson opened public comment. Will Krahn, Public Comment Mr. Krahn, Project Manager spoke on behalf of the applicant answering questions raised by Councilor Hunter and Councilor Daoud. Seeing no further public comment, Mayor Johnson closed public comment. Motion to approve Resolution 6056, 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 Lots 1A and 2A of the Amended Plat of Lots 1 and 2 of Ashley Business Park, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, to be known as Bish's RV Addition No. 455, to zone said property in accordance with the Kalispell Zoning Ordinance and to declare an effective date. Council Member — Tim Kluesner: Motion Council Member — Kari Gabriel: 2nd 00:35:51 Councilor Hunter provided discussion saying he would have liked to have a work session on this item. He then explained why he will be supporting the motion. Councilor Graham provided discussion regarding why he will support the motion. 00:41:16 Vote on the motion. Council Member - Tim Kluesner: 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. 00:41:21 Motion and Vote to approve the first reading of Ordinance 1870, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by creating a planned unit development and overlay zone to be known as Bish's RV planned unit development over certain real property described as Lots 1A and 2A of the Amended Plat of Lots 1 and 2 of Ashley Business Park, and Tract 1 of Certificate of Survey No.19521, situated and being in the Southwest Quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, all according to the map or plat thereof on file and of Page 5 of 13 Kalispell City Council Minutes, December 6, 2021 record in the office of the Clerk and Recorder of Flathead County Montana, in accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date. 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: 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. Junegrass Place Conditional Use Permit Staff recommends approval of a request from GMD Development LLC, for a conditional use permit to allow a multi -family residential development with up to 138 units on 5.82-acres at 1079 North Meridian Road. 00:43:28 Senior Planner P.J. Sorensen provided the staff report on this application. 00:47:47 Councilor Hunter said he has had previous discussions with the applicant and has provided past support for this project so abstained himself from the discussion and vote on this item. Public Comment Mayor Johnson opened public comment. Andrea Davis. Public Comment Ms. Davis, the Executive Director of Homeward, a partner with GMD Development on Junegrass Place. Ms. Davis explained this is the 9th project they've developed together in the state of Montana. She spoke further about the work that Homeward does. She provided some details about the project and how it relates to affordability. She also spoke regarding the housing issues faced in Kalispell. She then explained how the Section 8 rental voucher system works and the status and struggles of people who are on the related waiting list. She spoke regarding the Federal housing tax credit program that is being used with this project and referred to trying to get a state housing tax credit passed. 00:54:38 Mike Brody, Public Comment Mr. Brody with WGM Group, the Engineer on the project presented himself for questions and said they went through many iterations on this site and explained a sidewalk issue. 00:55:48 Shaun Pandina, Public Comment Mr. Pandina spoke regarding the need for affordable housing. Seeing no further public comment, Mayor Johnson closed public comment. Page 6 of 13 Kalispell City Council Minutes, December 6, 2021 00:56:51 Motion and Vote to approve a request from GMD Development, LLC, for Conditional Use Permit KCU-21-11, a conditional use permit for a multi -family residential development, subiect to 16 conditions of approval within the RA-2 zoning district located at 1079 North Meridian Road. Council Member - Sid Daoud: Motion Council Member - Kyle Waterman: 2nd 00:57:35 Councilor Waterman explained why he is excited to support this motion. 00:58:07 Councilor Daoud explained why he is in support of this request. 00:58:28 Councilor Graham explained why he is in support of this request and thanked the applicant for choosing Kalispell for this project. 00:59:31 Councilor Nunnally explained why he is in favor of the project but spoke regarding traffic concerns in the area. 01:00:18 Councilor Kluesner spoke regarding traffic concerns in the area of the project. He feels road rehabilitation will be needed. He then spoke regarding past groundwork that has been done to bring this type of project to fruition. 01:03:57 Councilor Gabriel spoke to her excitement of this project and explained why she will be supporting the motion. She also spoke to traffic concerns in the area explaining her position. 01:05:37 Councilor Carlson spoke in favor of the motion and with concerns about traffic. 01:06:14 Mayor Johnson spoke in favor of the project. Vote on the motion. 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: Abstain The motion passed unanimously on roll call vote with Councilor Hunter abstaining. 4. The Harper Conditional Use Permit Staff recommends approval of an application from Briggs Anderson for a conditional use permit to allow a multi -family residential development with up to 40 dwelling units on 1.23-acres at 1280 Highway 2 West. Page 7 of 13 Kalispell City Council Minutes, December 6, 2021 Senior Planner P.J. Sorensen provided the staff report on this application. 01:18:08 Councilor Kluesner began questions of staff asking about the current building on the site and the layout of the site. 01:22:05 Councilor Daoud asked about the location of trash pickup and flow. 01:23:41 Councilor Hunter asked about the topography of the site and the wetland area. He also asked about how the stormwater would be treated. He then asked questions about Spring Creek. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment 01_:29:25 Mike Morgan, Public Comment Mr. Morgan, an Architect with Hoffinan, Morgan, and Associates spoke on behalf of the applicant explaining the intent of the project. He commended staff and the Planning Board for their help with the site plan. He then provided details about the project. Mr. Morgan also spoke about their passion for infill development. He talked about the parking plan and said they do not feel they will have any problems in meeting the conditions of the approval. He explained they are available for questions. 01:33:40 Nathan Lucke, Public Comment Mr. Lucke with 406 Engineering also spoke on behalf of the applicant about the changes that have been made to the site plan since the Planning Board meeting. He spoke regarding their ability to work out the details on this project as they pertain to the conditions of approval. He responded to several questions that had been posed by Council. 01:37:33 Motion to approve a request from Briggs Anderson for Conditional Use Permit KCU-21- 10, a conditional use permit for a multi -family residential development, subiect to 28 conditions of approval within the B-2 Zoning District located at 1280 Highway 2 West. Council Member — Kyle Waterman: Motion Council Member — Sandy Carlson: 2"d 01-39-12 Motion to amend condition 22 to read: The Mudman site shall not include any drive - through or stacking lanes unless reviewed and approved by the Site Development Committee. It also shall not include storage of the mobile vending trailer without providing an appropriate location that does not interfere with required parking spaces or aisles. Vote on the amendment to the motion. 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: Approve Council Chair - Chad Graham: Approve Page 8 of 13 Kalispell City Council Minutes, December 6, 2021 Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The amendment passed on roll call vote. 01:40:09 Councilor Hunter provided discussion on the main motion. 01:41:28 Councilor Graham voiced his support of the motion. He then provided information about the discussion that happened at the Planning Board. 01:45:14 Councilor Waterman provided discussion on the motion explaining why he is excited about the proposal. 01:45:52 Vote on the main motion as amended. 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. 5. Resolution 6057 - Alder Homes Final Plat Staff recommends approval of a request from APEC Engineering for final plat approval of the Alder Homes Subdivision at 1221 6th Street West. 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. 0l -49-41 Motion and Vote to approve Resolution 6057, a resolution approving the fmal plat for Alder Homes Subdivision, described as assessors Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member — Sandy Carlson: Motion Council Member — Kari Gabriel: 2°d 01:49:21 Councilor Hunter provided discussion on the motion. Page 9 of 13 Kalispell City Council Minutes, December 6, 2021 Vote on the motion. Council Member - Sandy Carlson: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnall : 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. 6. Kalispell Parkline Change Order Staff recommends approval of a change order for the Kalispell Parkline project in the amount of $227,315.66 and an impact fee payment of $25,000. City Manager Russell provided background on this item. 01:52:48 Development Services Director Jarod Nygren provided additional information on this item. 01:54:47 Project Manager Mark Rohweder provided additional information on the change order items. 02:02:20 Development Services Director Jarod Nygren provided further information on the project. City Manager Russell provided budget related information. 02:03:52 Councilor Graham began questions for staff related to the status of the trail. 02:04:45 Mark Rohweder responded to the current status of the trail and the likelihood of additional change orders. 02:06:22 Councilor Daoud asked about reserves. 02:06:52 Councilor Nunnally asked about the anticipated completion date of the project. 02:07:39 Mayor Johnson asked about financial differences that may be seen in the final numbers. He then asked questions about the changes to the design related to the wiring gauge size and the sprinklers. He then asked about the backflow preventers. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Page 10of13 Kalispell City Council Minutes, December 6, 2021 02:10:57 Motion and Vote to approve a change order for the Parkline in the amount of $227,315.66 and an impact fee payment amount of $25,000.00 for a total of $252,315.66. 02:11:43 Councilor Waterman provided discussion on the motion. Council Member - Kyle Waterman: Motion Council Chair - Chad Graham: 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. 7. Appointment to the Flathead City -County Board of Health Staff recommends that the Mayor appoint and Council confirm an elected official or other designee as the city representative on the Flathead City -County Board of Health. 02:12:49 Trish Medina, Public Comment Trish Medina of Kalispell said she would like to see the appointment to the Board stick to the Constitution and believe in medical freedom. Valerie McCarty, Public Comment Ms. McCarty first thanked the Council for their hard work. He then asked the Mayor to appoint an elected official to the health board saying the public expects to have their voice presented on the board and an elected official allows the process to be viewed as transparent and appropriate. 02:14:15 Shaun Pandina, Public Comment Mr. Pandeena spoke regarding a past vote of the Flathead City -County Board of Health related to the COVID pandemic. He then asked the Mayor and Council to appoint someone who will stand up for businesses and freedom of choice. Public comments received to publiccommentgkalispell.com can be found at: https://time.ci.kalispell.mt.us/WebLinkBrowse.aspx?id=128274&dbid=0&repo=Kalispell. 02:17:45 Mayor Johnson spoke to the admirable job that City Council Waterman has done serving on the Board. He then explained why he will be nominating former Council member Rod Kuntz to the Flathead City -County Board of Health. 02:19:42 Page 11 of 13 Kalispell City Council Minutes, December 6, 2021 Motion to confirm the Mayoral appointment of Rod Kuntz to the Flathead City -County Board of Health. 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: Approve Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Disapprove Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Disapprove The motion passed on voice vote with Councilors Daoud and Hunter in opposition. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • The Charles Hotel development is scheduled for discussion at the December 13, 2021, work session meeting and then for action tentatively on December 20. Staff is not planning on having a work session on December 27`n • January 3, 2022, council meeting will include a reception for our outgoing council members and our incoming council members. 02:22:00 Councilor Carlson thanked Councilor Waterman for his service on the Health Board over the past several years. 02:22:22 Councilor Waterman spoke regarding serving on the Flathead City -County Health Board and his concerns about the stability of the board moving forward explaining several members have resigned and others have expiring terms. He then spoke to the many issues that the board deals with beyond COVID. He also spoke about the loss of staff over the past several years and the need to reset priorities. He volunteered himself for questions. Councilor Waterman then talked about the importance of the community partnerships that help address homelessness. He talked about a program beginning soon through the United Way that will connect anyone with community resources by calling 211, 24 hours, seven days a week. 02:25:46 Councilor Hunter agreed that Councilor Waterman had done a great job on the Health Board especially during several difficult years. H said he was confused and disappointed in the process for the Health Board appointment and did not understand why discussion prior to the vote was not allowed. 02:26:36 Mayor Johnson said he will be attending the town hall on Wednesday as will Kyle Waterman, Ryan Hunter, and likely Sid Daoud. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:25 p.m. Page 12of13 Kalispell City Council Minutes, December 6, 2021 Aimj Brunckhorst, CMC City Clerk : O .Q ZRArF•.;� .� . 'O �► Minutes approved on December 20, 2021 Q.; , UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — December 13, 2021, at 7:00 p.m. — Council Chambers Next Utility Sub -Committee Meeting — December 13, 2021, at 5:30 p.m. — Mezzanine Conference Room, City Hall Next Regular Meeting — December 20, 2021, at 7:00 p.m. — Council Chambers City Offices Closed — December 24, 2021 — Christmas Holiday Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 13 of 13