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05-02-22 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES May 2, 2022, 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(a,,kalispell.com. Video of this meeting with time stamped minutes can be found at: https://www.kaUspell.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 - Chad Graham: Present Council Member - Sid Daoud: Present Council Member - Ryan Hunter: Present Council Member - Sam Nunnally: Present Council Member - Jed Fisher: Present Council Member - Jessica Dahlman: Present Staff present included City Manager Doug Russell, City Attorney Charles Harball, Deputy City Clerk Judi Funk, Senior Planner P.J. Sorensen, Public Works Director Susie Turner, Chief 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 - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Page 1 of 11 Kalispell City Council Agenda, May 2, 2022 Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on voice vote 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. Council Minutes — April 18, and April 25, 2022 2. Approve Purchase of Fire Department Self -Contained Breathing Apparatus Fill Station Compressor & System This item considers the procurement of the Bauer compressor, SCBA fill station, and bottle storage system from SeaWestern Fire Fighting Equipment in the amount of $81,577.60. 3. Ordinance 1876 — Second Reading - Amending Kalispell Municipal Code 3-18 to include the Parkline as an Exception to the Public Places in which the Consumption of Alcohol is Prohibited This ordinance considers amending KMC 3-18 to add the Kalispell Parkline to the list of city properties in which a permit to have an event with alcohol may be obtained subject to certain regulations. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as submitted. Council Member - Chad Graham: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. F. COMMITTEE REPORTS - None. G. PUBLIC HEARINGS 1. Evergreen Meter Fee Amendment to the Sewer Rate Schedules and Regulations Council will accept comments on a proposed amendment to reflect an Evergreen Page 2 of 11 Kalispell City Council Agenda, May 2, 2022 Meter rate of $3.00 per account per month for City sewer only customers affected by Evergreen's new meter fee. 00:06:05 City Manager Doug Russell presented information on this public hearing. Mayor Johnson opened the public hearing and called for public comment. Seeing none, he closed the public hearing. 2. Amendments to the Standards for Design and Construction Council will accept comments on proposed amendments to the City of Kalispell Standards for Design and Construction. Mayor Johnson opened the public hearing and called for public comment. Seeing none, he closed the public hearing. H. PUBLIC COMMENT Mayor Johnson opened general public comment. 00:07:27 Deborah Garcia, Public Comment Ms. Garcia of 1570 Lehi Lane asked what the Council is doing to stop development and what responsibility the developers have for infrastructure. She spoke regarding schools and hospitals being overwhelmed. She then mentioned the homeless problem within the state and the need for housing that is more affordable. She spoke further about her views on putting current residents first. 00:10:34 Councilor Graham mentioned that public comment is usually responded to at the end of the meeting. Seeing no further public comment, he closed public comment. Public comment received via email to the Mayor and Council at publiccomment@7a kalispell.com, can be found at: https:Htime.ci.kalispelllmt.us/WebLink/Browse.aspx?id=l 28274&dbid=O&rOo=KaljWell I. 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 publiccommentAkaliWell.com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Koistinen Annexation & Zoning a. Resolution 6068 — Annexation b. Ordinance 1877 — Zoning This item considers applications from Ryan Koistinen for annexation and zoning of 0.43 acres to RA-1 (Residential Apartment) at 1801 and 1823 5th Avenue East. 00:11:50 Development Services Director Jarod Nygren presented the staff report. Page 3 of 11 Kalispell City Council Agenda, May 2, 2022 00:15:43 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:16:04 Motion and Vote to approve Resolution 6068, a resolution to provide for the alteration of the boundaries of the City of Kalispell including therein as an annexation certain real property described as a Tract of Land situated, lying and being in the northeast quarter of the northwest quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as more particularly described on Exhibit A, to be known as Koistinen's Addition 456, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. Council Member - Ryan Hunter: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 00:17:35 Motion and Vote to approve Ordinance 1877 an ordinance to amend Section 27.02.010, official zoning map, city of Kalispell Ordinance 1677, by zoning certain real property more particularly described as a Tract of Land situated, lying and being in the northeast quarter of the northwest quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana previously zoned County R-4 to City RA-1 residential apartment, in accordance with the Kalispell Growth Policy Plan -It 2035, and to provide an effective date. Council Member - Ryan Hunter: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 2. Ordinance 1878 — First Reading— Blue Duck Zoning This ordinance considers a request from John Todd to change zoning at 130 2nd Street East and adjoining properties from RA-2 (Residential Apartment/Office) to B-4 (Central Business) on 0.44 acres. Page 4 of 11 Kalispell City Council Agenda, May 2, 2022 Development Services Director Jarod Nygren presented the staff report. 00:22:47 Councilor Daoud asked a procedural question. 00:23:04 Councilor Fisher asked questions related to city parking, and parking for the proposed business. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:24:07 Motion to approve the first reading of Ordinance 1878, an ordinance to amend Section 27.02.010, Official Zoning Map, City Of Kalispell Zoning Ordinance (Ordinance No. 1677), by zoning certain real property, more particularly described As Lots 1, 2, and the Northern 37.5 Feet Of Lot 3, Block 57 Of Kalispell Original Township, according to the map or plat thereof in the Office of The Clerk And Recorder, Flathead County, Montana (Previously Zoned City Ra-2) To City B-4 (Central Business), in accordance with The Kalispell Growth Policy Plan — It 2035, and to provide an effective date. 00:25:16 Councilor Dahlman provided discussion on the motion. 00:25:29 Councilor Hunter provided discussion on the motion. 00:25:58 Vote on the motion. Council Member - Ryan Hunter: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 3. Resolution 6069 — Kalispell North Town Center Phase 5 Preliminary Plat This resolution considers a request from Stillwater Corporation for preliminary plat approval for a major residential subdivision with 37 lots on 10.6 acres on the east side of Jefferson Boulevard. Director of Development Services Jarod Nygren presented the staff report. 00:32:57 Councilor Hunter began questions related to the amount of multi -family housing in the overall development. 00:35:31 Councilor Fisher confirmed that the parks will be private parks. Page 5 of 11 Kalispell City Council Agenda, May 2, 2022 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve Resolution 6069, a resolution conditionally approving the preliminary plat of Kalispell North Town Center Phase 5, described as Tract 9-A of the amended plat of Block 3 of Kalispell North Town Center, Phase 2, located in the Southwest Quarter of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Council Member — Chad Graham: Motion Council Member — Sandy Carlson: 2°d 00:36:50 Councilor Graham provided discussion on the motion. 00:38:12 Councilor Hunter provided discussion on the motion. 00:39:52 Councilor Graham provided discussion on the motion. 00:40:52 Councilor Fisher provided discussion on the motion. He then asked procedural questions. Vote on the motion. Council Member - Chad Graham: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 4. Creekside Commons a. Conditional Use Permit b. Resolution 6070 — PreliminM Plat This item considers a request from Housing Solutions, Inc., for a conditional use permit for a multi -family residential development and major preliminary plat approval for one additional lot within an existing subdivision. Development Services Director Jarod Nygren presented the staff report. 00:48:49 Councilor Nunnally began questions for staff related to a drive through the property. 00:49:47 Councilor Fisher asked questions related to roadway extensions. Page 6of11 Kalispell City Council Agenda, May 2, 2022 00:51:13 Councilor Hunter asked questions related to parking. 00:52:26 Councilor Carlson clarified that the development will be for senior living. 00:52:38 Mayor Johnson asked for the width of the access easement. 00:53:12 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:53:23 Motion to approve Resolution 6070, a resolution conditionally approving the preliminary plat of Creekside Commons, described as a portion of Lot 1A of Gateway Community Center, according to the map or plat thereof on File and of Record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 00:54:11 Councilor Hunter provided discussion on the motion. Vote on the motion. Council Member - Ryan Hunter: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 00:57:42 (This resolution was voted on twice due to confusion about the motions needed.) Motion and Vote to approve Resolution 6070, a resolution conditionally approving the preliminary plat of Creekside Commons, described as a portion of Lot 1A of Gateway Community Center, according to the map or plat thereof on File and of Record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Mayor - Mark Johnson: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Page 7of11 Kalispell City Council Agenda, May 2, 2022 Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 00:59:38 Motion and Vote to approve a request from Housing Solutions, Inc., for Conditional Use Permit KCU-22-01, a conditional use permit for a multi -family residential development, subiect to 13 conditions of approval within the B-2 Zoning District, located at 1203 Highway 2 West and which can be described as Lot 1A of Gateway Community Center, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom Parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Council Member - Sam Nunnally: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 5. Resolution of Support 6071 — Submission of the MPDG — Rural Grant Application for West Reserve Drive Improvements This resolution considers the submittal of the West Reserve Drive Improvement Project for grant funding from the U.S. Department of Transportation Multimodal Project Discretionary Grant Opportunity — Rural Program. 01:02:25 City Manager Russell explained the reasoning behind this resolution. 01:02:43 Development Services Director Jarod Nygren presented the staff report. 01:04:47 Councilor Graham asked questions related to the scope of the project. 01:05:19 Mayor Johnson asked about the likely award date for this grant. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:06:12 Motion to approve Resolution 6071, a resolution of approval for the submission of an application to the United States Department of Transportation for a "Multimodal Project Discretionary Grant Opportunity — Rural" (MPDG) Grant to fund a five -lane improvement proiect for West Reserve Drive. Page 8of11 Kalispell City Council Agenda, May 2, 2022 Council Member — Sam Nunnally: Motion Council Member — Sandy Carlson: 2°d 01:06:46 Councilor Hunter provided discussion on the motion. 01:07:49 Vote on the motion. Council Member - Sam Nunnally: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: Coordination is wrapping up for a trip to Washington D.C. to request support from officials and the Department of Transportation for the RAISE Grant and the MPDG Grant, both for Reserve Drive. A representative of the Chamber of Commerce, and a Flathead County Commissioner will be going (in addition to city representatives and officials.) • The preliminary budget will be discussed at the next few work sessions. The preliminary budget has been sent out to Council and placed on the city website. Manager Russell provided a broad overview related to strengths and challenges. • Manager Russell highlighted taking part on a panel at a national speaking event at the Government Finance Officers Association regarding the work that went into the Kalispell Parkline Trail and the Core Area redevelopment. On the panel will be representatives from the City of Kalispell, City of Austin, and the City of Detroit. He emphasized where this project hits on the national stage and how big this accomplishment is. 01:11:27 Councilor Daoud addressed public comment received earlier in the meeting related to people moving into Kalispell and the need to continue to build housing so that those coming from out of state are not the only people able to afford living here. He spoke further about the efforts of Council to add available units so that we can bring down housing costs so that Montanans can compete, and our children can stay here. Councilor Daoud said he was disappointed that public comment was not received related to the proposed amendments to the Design Standards as he has concerns about adding regulations that Page 9 of 11 Kalispell City Council Agenda, May 2, 2022 could increase housing prices. He spoke then about the need for Reserve Drive to have more capacity. He spoke in opposition to the current route tax money takes. Councilor Daoud then spoke regarding disinformation at the Federal level. 01:14:53 Councilor Fisher spoke in agreement with much of Councilor Daoud's statements about the influx of migration to the area. He then stated that Council has nothing to do with schools and hospitals. He then spoke to the quality work of the Planning Department as it relates to requiring the developments to be good quality speaking further about those details. Councilor Fisher spoke to the reasoning why people are living here and how it is not possible to stop people from moving here. 01:16:25 Councilor Graham thanked the person who provided public comment for staying to the end of the meeting to listen to Council comments. He then spoke to the reasoning why people are moving here. He then provided discussion about what affordable housing looks like and how development affects housing prices and inventory. He continued with discussion about what developers pay for. Speaking to the perception that Council approves everything, he explained the rigorous path that applications must go through prior to being presented to Council for approval and the checks in place after approval. 01:22:06 Councilor Dahlman echoed the sentiments of the other Council. She spoke about the services and (sewage) water treatment that is provided by the City but are not provided by the County emphasizing that development within the City protects our lands and waterways much more than County development. 01:23:02 Councilor Fisher said he worries about the Police Department and crime. He spoke to looking at related budgets to keep up with the issues the Police have to deal with. 01:24:25 Councilor Daoud would like to ask for a work session to look at zoning related to daycares needing to look like housing. 01:25:03 City Manager Russell responded to Councilor Daoud's question. 01:25:10 Development Services Director Jarod Nygren also responded to questions related to compatibility with the neighborhood. City Manager Russell and Director Nygren explained the conditional use permit process. 01:29:02 Mayor Johnson reported that the Landfill Board met, and the budget was approved to forward for County Commission approval. The expansion of the next phase with liners should be done in the next month or two and the properties that needed to be acquired for future expansion of the Landfill is in place. 01:29:56 Mayor Johnson spoke regarding the public comment that was received earlier in the meeting stating there are a multitude of issues related. He said he would be happy to meet with the commenter for coffee to talk about what factors the Mayor and Council consider. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:30 p.m. Page 10 of 11 Kalispell City Council Agenda, May 2, 2022 l� r �"•G EALF':t� Aim Brunckhorst, CMC i Us• i g92 �; t"= City Clerk �• ••4OryMinutes approved on May 16, 2022 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — May 9, 2022, at 7:00 p.m. — Council Chambers Next Regular Meeting — May 16, 2022, at 7:00 p.m. — Council Chambers To provide public comment live, remotely, please register for the video conference through zoom and use the raise hand feature to indicate you would like to provide public comment. See the top of the agenda for the zoom link. Watch City Council sessions live or later on Charter Cable Channel 190 or online https://www.kalispell.com/480https://www.kalispell.com/480/Meeting-Videos. Page 11 of 11