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E1. 10-03-22 Council MinutesCITY ,� KALISPELL CITY COUNCIL DRAFT MEETING MINUTES October 3, 2 02 2, 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(c�r�kalispell.com. Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meetin2-Videos. A. CALL TO ORDER 06:59:42 PM (00:00:53) Council President Chad Graham called the meeting to order at 7 p.m. (Council President Graham presided over the meeting as Mayor Johnson was present via video conference, but unable to preside.) B. ROLL CALL 06:59:54 PM (00:01: Mayor - Mark Johnson: Present via video conference Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council President - Chad Graham: Present Council Member - Sid Daoud: Present Council Member - Ryan Hunter: Present Council Member - Sam Nunnallv: Present via video conference Council Member - Jed Fisher: Present Council Member - Jessica Dahlman: Present Staff present in Council Chambers included City Manager Doug Russell, City Attorney Johnna Preble, Deputy City Clerk Judi Funk, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Community Development Manager Katharine King, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE 07:00:17 PM (00:01:28) D. AGENDA APPROVAL 07:00:49 PM (00:02:00) Motion and Vote to approve the agenda as presented. Council Member - Sid Daoud: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Page 1 of 19 Kalispell City Council Minutes, October 3, 2022 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 voice vote. E. CONSENT AGENDA 07:01:19 PM (00:02:30) 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 — September 19 and September 26, 2022 �a T a 2. Approve Purchase of Firefighter Turnouts from L.N. Curtis 4-:a This item considers purchasing 32 sets of firefighter turnouts from L.N. Curtis in the amount of $84,576. Public Comment Council President Chad Graham opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda. 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 - 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 voice vote. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT 07:03:07 PM (00:04:18) Council President Chad Graham opened general public comment. 07:03:29 PM (00:04:40) Mayre Flowers, Public Comment Ms. Flowers representing Citizens for a Better Flathead at 135 Main Street, spoke to the challenge of understanding the difference between a legislative issue and a quasi-judicial issue. She would suggest that issues coming before Council are labeled as either legislative or quasi- judicial after the title of the item on the agenda. Page 2 of 19 Kalispell City Council Minutes, October 3, 2022 07:05:31 PM (00:06:42) Walter Roundtree, Public Comment Mr. Roundtree of 22 Fifth Ave East, spoke regarding the difficulties with installing electric car infrastructure into a building after the fact and the ease with which it can go in at the outset. He asked Council to place in the building code for multi -family, and commercial a requirement for minimal infrastructure for electric cars. 07:08:53 PM (00:10:04) Kyle Waterman, Public Comment Mr. Waterman invited Council and the community to participate in a community conversation regarding homelessness that is scheduled at the Warming Center for this Thursday at 8:30 p.m., and to become involved in future conversations that will be held about it. 07:10:08 PM (00:11:19) Craig Kristofferson, Public Comment Mr. Kristofferson of 28 Parkview Drive, spoke with concerns that the Kalispell Chamber of Commerce has voiced that they are considering relocating their business. He asked whether the city or police force have considered ways to mitigate the issue. Public comment received via email to the Mayor and Council at publiccomment(cr�,kalispell. com, can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=151569&dbid=0&repo=Kalispell. Public Comment Closed Seeing no further comments, Council President Chad Graham 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 publiccomment2kalispell.com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. Scholer Annexation and Zoning "a 07:12:58 PM (00:14:09) This item considers an application from Loucas Scholer and Sarah Russell for annexation and initial zoning of R-4 (Residential) for properties located at 2150 and 2152 Airport Road. a. Resolution 6106 —Annexation 07:15:32 PM (00:16:43) b. Ordinance 1893 — First Reading — Zoning 07:17:31 PM (00:18:42) Senior Planner P.J. Sorensen provided the staff presentation for this item. Councilor Daoud asked questions of staff. Public Comment Council President Chad Graham opened public comment. Seeing none, he closed public comment. 07:15:41 PM (00:16: Motion and Vote to approve Resolution 6106, a resolution to provide for the alteration of the boundaries of the city of Kalispell by including therein as an annexation certain real Page 3 of 19 Kalispell City Council Minutes, October 3, 2022 properties described as Tract B of certificate of survey no. 3027, a tract of land situated, lying, and being in the southeast quarter of the southeast quarter of section 19, township 28 north, ranee 21 west, P.M.M., Flathead County, Montana, and assessors tract 2FB, being a portion of the southeast quarter of the southeast quarter of section 19, township 28 north, ranee 21 west, P.M.M., flathead county, Montana, to be known as Scholer/Russell addition no. 462, to zone said property in accordance with the Kalispell zoning ordinance, and to declare an effective date. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve 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. 07:17:30 PM (00:18:41) Motion to approve the first reading of Ordinance 1893, an ordinance to amend section 27.02.010, official zoning map, city of Kalispell zoning ordinance (ordinance no. 1677), by zoning certain real properties, more particularly described as tract b of certificate of survey no. 3027, a tract of land situated, lying, and being in the southeast quarter of the southeast quarter of section 19, township 28 north, range 21 west, P.M.M., flathead county, Montana, and assessors tract 2FB, being a portion of the southeast quarter of the southeast quarter of section 19, township 28 north, range 21 west, P.M.M., flathead county, Montana (previously zoned county R-1) to city R-4 (residential), in accordance with the Kalispell growth policy plan — it 2035, and to provide an effective date. Councilor Daoud provided discussion on the motion. Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnallv: Abbrove Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote. Green Acres Annexation and Zoning m! a 07:20:04 PM (00:21:15) Page 4 of 19 Kalispell City Council Minutes, October 3, 2022 This item considers an application from Green Acres Cooperative for annexation and initial zoning of R-4 (Residential) for property located at 1721 South Woodland Drive. a. Resolution 6107 - Annexation 07:23:16 PM (00:24:27) b. Ordinance 1894 —First Reading —Zoning 07:24:24 PM (00:25:35) Senior Planner P.J. Sorensen provided the staff presentation for this item. Public Comment Council President Chad Graham opened public comment. 00:23:32 Walter Roundtree, Public Comment Mr. Roundtree asked a question about whether the property is served by city water. Seeing no further public comment, Council President Graham closed public comment. Motion and Vote to approve Resolution 6107, 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 lot 21 of block 1 of green acres, according to the official plat thereof filed in official records of flathead county, Montana, to be known as green acres cooperative addition no. 461, to zone said property in accordance with the Kalispell zoning ordinance, and to declare an effective date. Council Member - Jessica Dahlman: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve 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. 07:24:33 PM (00:25:44 Motion and vote to approve Ordinance 1894, 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 lot 21 of block 1 of green acres, according to the official plat thereof filed in official records of flathead county, Montana (previously zoned county r-2) to city r-4 (residential), in accordance with the Kalispell growth policy plan — it 2035, and to 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 Page 5 of 19 Kalispell City Council Minutes, October 3, 2022 Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Abbrove Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote. 3. Eagle Valley Ranch Phase 2 & 3 Final Plat and Subdivision Improvement Agreement '!�a 07:25:55 PM (00:27:06) This item considers final plat approval and a subdivision improvement agreement for phases 2 and 3 of Eagle Valley Ranch situated along Highway 93 south of Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard Facilities. Senior Planner P.J. Sorensen provided the staff presentation for this item. Public Comment Council President Chad Graham opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the final plat for Eagle Valley Ranch Phases 2 and 3 as well as the subdivision improvement agreement. Council Member - Kari Gabriel: Motion Council Member - Sandv Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve 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: Abbrove Council Member - Jessica Dahlman: Approve The motion was approved unanimously on roll call vote. 4. 3rd and Main Street and Eagles Lot at 103/125 First Avenue West Development 05� a 07:29:17 PM (00:30:28) These items consider the transfer of city property at 3rd and Main and 103/125 First Avenue West and associated Developer and Parking Structure Lease Agreements to Montana Hotel Development Partners, LLC for a hotel at 3rd and Main and a parking structure, with multi -family, and retail at 103/125 First Avenue West. a. Developer Agreement for Eagles Lot at 103/125 First Avenue West Mixed -Use Development b. Resolution 6108 — Transferring 3rd and Main property to Developer c. Resolution 6109 — Transferring Eagles Lot at 103/125 First Avenue West property to Developer d. Parking Structure Lease Agreement Page 6 of 19 Kalispell City Council Minutes, October 3, 2022 City Manager Russell provided a history on this item and addressed questions that arose at the last work session and via public comment that has been submitted. 07:44:47 PM (00:45:58) Development Services Jarod Nygren provided further details. 07:48:47 PM (00:49:58j Councilor Hunter began questions for staff. 07:50:50 PM (00:52:01)-Public Comment Council President Graham opened public comment on this item. Melissa Rice, Public Comment Ms. Rice at 2205 Teal Drive presented multiple concerns about this project including concerns about the historic district. She then spoke regarding concerns related to parking for her employer, Community Action Partnership. John Hinchey, Public Comment Mr. Hinchey of 4th Avenue East spoke in opposition to the additional height request for the parking garage as he does not feel it comports with the character of downtown. He also spoke in opposition to the addition of housing and the use of tax increment financing funds. He spoke further about his views and conversations that he has had with other business owners about the proj ect. Walter Roundtree, Public Comment Mr. Roundtree of 22 5th Avenue East spoke to written public comment he submitted previously that listed the aspects of the project that he does and does not like. He then spoke to rumor management related to the project. Tracy Diaz, Public Comment Ms. Diaz with Community Action Partnership clarified that CAP has only participated in one meeting related to this project. She talked about the services that CAP provides and said they have further questions they would like answered related to parking availability and construction inconveniences. Ms. Diaz then spoke regarding affordable housing and the related projects CAP would like to undertake. Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead referred to and read aloud written public comments they have submitted in opposition to the height of the proposed parking garage. She spoke to conversations she has had with downtown business owners about the project. Ms. Flowers then spoke in opposition to financial aspects of the project. David Mitchell, Public Comment Mr. Mitchell of 249 Sherry Lane asked Council to take into consideration the mass of this proj ect. Laura Reynolds, Public Comment Ms. Reynolds of 22 5th Avenue East referred to written comments emailed previously. She spoke regarding concerns related to this project around the historic nature of downtown, concerns about Page 7 of 19 Kalispell City Council Minutes, October 3, 2022 the public process, concerns about parking for the public within the parking structure, and concerns about financial matters. Bruce Guthrie, Public Comment Mr. Guthrie of 539 Crestview Road said he is confused about the process related to this project and would like to know the net gain of parking spaces that will be gained. Cassidy Kipp, Public Comment Ms. Kipp with Community Action Partnership spoke to the importance of transparency and sharing of information and the feeling she has had of a lack thereof. She asked questions related to the number of current parking permit holders to evaluate parking needs and issues. Dana Severe, Public Comment Mr. Severy of 879 Broken Choker Lane spoke to concerns about scale, height, massing, and aesthetics of the project and feels the parking should be below grade. Dan Cox, Public Comment Mr. Cox of 135 Main Street spoke in opposition to the height of the project and has concerns that the project will result in a loss of public parking. Barbara Fenchak, Public Comment Ms. Fenchak of 38 Trails End spoke to concerns that the developer will not be able to finish the project due to a future recession. Mike Brody, Public Comment Mr. Brody of 1st Avenue West spoke in support of the project and why he feels that way. Craig Kristofferson, Public Comment Mr. Kristofferson, of 28 Parkview Drive spoke to the reference made by another commenter that the downtown business owners were not aware of the scale of this project and feels additional consultation with the business owners should be done. He then spoke to concerns about the number of parking spaces included. Public comment received via email to the Mayor and Council at publi ccomment(2kali spell. com, can be found at: hllps://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=151569&dbid=0&repo=Kalispell. Seeing no further public comment, Council President Chad Graham closed public comment. 01:44:02 Motion to approve and authorize the City Manager to execute the Developer's Agreement for the Eagles Lot mixed -use project. Council Member — Kari Gabriel: Motion Council Member — Sandy Carlson: 2nd 08:44:19 PM (01:45:30) Councilor Hunter provided discussion on the motion. Page 8 of 19 Kalispell City Council Minutes, October 3, 2022 08:50:35 PM (01:51:40 Motion to amend the Developer's Agreement so as to reduce the amount of Tax Increment Financing dedicated to the construction of the parking structure by $800,000 to account for the value of the city land being transferred to the developer. Council Member — Ryan Hunter: Motion The amendment to the motion died for lack of a second. Motion to amend the Developer's Agreement so as to reduce the amount of Tax Increment Financing dedicated to the construction of the parking structure by an amount equivalent to the cost of constructing the parking spaces committed to the Charles Hotel in a 50-year lease. Council Member — Rvan Hunter: Motion The amendment to the motion died for lack of a second. 01:53:06 Councilor Hunter continued discussion. 01:53:24 Councilor Daoud provided discussion on the original motion. 01:57:37 Council President Graham provided discussion on the motion. 02:00:07 Councilor Daoud provided discussion on the original motion. 09:00:54 PM (02:02:05) Council President Graham provided discussion on the motion. 02:02:38 City Manager Russell provided information about questions/comments related to parking. 02:03:35 Council President Graham provided discussion on the motion. 02:04:25 Development Services Director Jarod Nygren provided clarifying information. Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Disapprove Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed on roll call vote with Councilors Gabriel, Carlson, Daoud, Nunnally, Fisher, Dahlman, Council President Graham, and Mayor Johnson in favor and Councilor Hunter opposed. Page 9 of 19 Kalispell City Council Minutes, October 3, 2022 09:06:07 PM (02:07:18j Motion to approve Resolution 6108, a resolution transferring the 311 and Main property to the developer and authorizing the City Manager to execute the buy/sell agreement for the lot, as described in the buy/sell agreement. Council Member — Sandy Carlson: Motion Council Member — Jed Fisher: 2nd 02:07:45 Motion to amend paragraph 2 of the Third and Main purchase and sale agreement so that the sale price is $270,000. Council Member — Ryan Hunter: Motion The amendment to the motion died for lack of a second. Vote on the original motion. Council Member - Sandy Carlson: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Disapprove Council Member - Sam Nunnally: Approve Council Member Council Member - Jed Fisher: Approve - Jessica Dahlman: Approve The motion passed on roll call vote with Councilors Gabriel, Carlson, Daoud, Nunnally, Fisher, Dahlman, Council President Graham, and Mayor Johnson in favor and Councilor Hunter opposed. 09:07:45 PM (02:08:56) Motion to approve Resolution 6109, a resolution approving the transfer of certain real property known as the eagles lot, being situated in section 18 township 28 north, ranee 21 west, P.M.M. flathead county, Montana and described more particularly as lots 17, 18, 19, 20, 21, 22, 23, and 24 of block 46 of Kalispell original townsite map of record in the office of clerk and recorder for Flathead County Montana and authorize the city manager to execute a buy/sell agreement for the lot, as described in the buy/sell agreement. Council Member — Sid Daoud: Motion Council Member — Kari Gabriel: 2nd 09:08:33 PM (02:09:44) Councilor Daoud provided discussion on the motion. 02:10:00 Amendment to the motion to change paragraph 2 of the Eagles Lot purchase and sale agreement so that the sales price is $530,000. Council Member — Ryan Hunter: Motion The motion died for lack of a second. Vote on the original motion. Page 10 of 19 Kalispell City Council Minutes, October 3, 2022 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 - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Disapprove Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Abbrove Council Member - Jessica Dahlman: Approve The motion passed on roll call vote with Councilors Gabriel, Carlson, Daoud, Nunnally, Fisher, Dahlman, Council President Graham, and Mayor Johnson in favor and Councilor Hunter opposed. 09:09:58 PM (02:11:02) Motion to approve and authorize the City Manager to execute the parking structure lease agreement for the public parking structure component of the Eagles lot mixed -use development. Council Member — Sandy Carlson: Motion Council Member — Jed Fisher: 2nd 09:10:23 PM (02:11:34) Councilor Hunter provided discussion. 09:13:04 PM (02:14:15) Amendment to the main motion to amend the last part of paragraph 2.2 of the parking lease agreement so that it reads, "with the amount to be re-established on every fifth anniversary thereafter so as to maximize utilization of parking spaces and at any event set at not less than the average monthly fee for public parking spaces within public parking structures located within Missoula, Bozeman and Whitefish." Council Member — Rvan Hunter: Motion 09:13:55 PM (02:15:06) City Manager Russell suggested alternative wording to the amendment to the motion. Councilor Hunter made a friendly amendment to his amendment so that the language of the lease agreement reads the average of Missoula, Bozeman and Whitefish for the price floor and that pricing after that point is in consultation with our partners. City Manager Russell suggested that the amendment to the motion be as follows: paragraph 2.2 would stay the same with an additional sentence saying, "As an alternative, the parties of this agreement may establish a price separate from what is listed above." 09:15:54 PM (02:17:05) Hunter discussed the wording of his amendment. 09:17:20 PM (02:18:31) Bill Goldberg with Montana Hotel Development Partners spoke regarding the amendment to the motion regarding the parking garage lease agreement. He reiterated that it is their intent to hire the professional parking management company Ace Parking as they will be vital to the Page 11 of 19 Kalispell City Council Minutes, October 3, 2022 operational efficiency of the garage. He explained that they plan to review management with Ace annually. 02:20:46 City Manager Russell brought forth a suggestion for amendment wording: As an alternative at any time during the duration of this agreement the parties may establish the pricing of the permits above the average established under 2.2 by agreement of the parties. 02:21:22 Councilor Hunter provided discussion. 02:21:33 Development Services Director Nygren spoke regarding the goal of the original wording within 2.2. 02:21:57 Councilor Hunter provided discussion on his intent with the motion amendment. 02:22:37 Mayor Johnson provided discussion on the amendment. 02:23:22 City Manager Russell provided discussion. 02:24:31 Council President Graham provided discussion. 09:23:20 PM (02:24:31) Councilor Hunter accepted the amendment wording offered by staff. Amendment and Vote to the main motion that would add the following sentence after paragraph 2.2, "As an alternative, at any time during the duration of this Agreement, the parties may establish pricing of permits above the average from section 2.2 by agreement of the parties." Council Member — Ryan Hunter: Motion Council Member — Mark Johnson: 2nd Council Member - Ryan Hunter: Motion Mayor - Mark Johnson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Chad Graham: Approve Council Member - Sid Daoud: Annrove Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Abbrove Council Member - Jessica Dahlman: Approve The amendment passed upon roll call vote with Councilors Gabriel, Daoud, Hunter, Nunnally, Fisher, Dahlman, Council President Graham and Mayor Johnson in favor and Councilor Carlson opposed. 02:26:09 Councilor Hunter provided discussion on the main motion. 09:25:08 PM (02:26:19) Vote on the main motion as amended. Council Member - Sandy Carlson: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Page 12 of 19 Kalispell City Council Minutes, October 3, 2022 Council Member - Kari Gabriel: Approve 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 main motion as amended, carried unanimously upon roll call vote. 5. Parking Structure on Eagles Lot at 103/125 First Avenue West Conditional Use Permit 4-:a This item considers an application from Montana Hotel Development Partners, LLC for a conditional use permit at 103/125 First Avenue West for a parking structure and for additional height over 60 feet. 02:27:04 Senior Planner P.J. Sorensen provided the staff report. 02:43:37 Councilor Hunter began questions for staff. Public Comment Council President Graham opened public comment. Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead feels a future discussion should be placed on parking requirements in the downtown district. She would like the conditional use permit related to height to be tabled. She recommended that Council deny the CUP and provided several alternative findings of fact. She then provided her reasoning why she feels that way. 09:52:24 PM (02:53:35) Shannon Friex, Public Comment Ms. Friex asked Council to slow down on this project. She believes the project has merit, but feels additional public input should be further encouraged. 02:56:45 Barbara Fenchak, Public Comment Ms. Fenchack of 38 Trails End spoke regarding her preference for a performance bond and her concerns that the project will be half built and abandoned. 09:56:27 PM (02:57:38) Bill Goldberg, Public Comment Mr. Goldberg with Montana Hotel Development Partners, at 50 2nd Street East referenced the two years that project discussions have been ongoing and that he feels the city has done a fantastic job navigating it. He spoke regarding his shock at the comments being made that the public was not informed and the lack of contact to himself and his partners from those commenting. He thanked Council and staff for the structure and opportunity of the meetings to have discussions and the ability for the public to comment. Seeing no further public comment, Council President Graham closed public comment. Page 13 of 19 Kalispell City Council Minutes, October 3, 2022 10:01:07 PM (03:02:18j Motion to approve a request from Montana Hotel Development Partners, LLC, for Conditional Use Permit KCU-22-02, a conditional use permit for a parking structure and for additional height over sixty feet, subiect to nine conditions of approval within the B-4 zoning district, located at 103/125 First Avenue West and which can be described as Lots 17-24 of Block 46 of the Kalispell Original Township, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. Council Member — Kari Gabriel: Motion Council Member — Sandy Carlson: 2nd 03:04:16 Councilor Hunter provided discussion. 03:10:26 Council President Graham provided discussion. 03:12:17 Councilor Daoud provided discussion. Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnallv: Aimrove Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion carried unanimously upon roll call vote. 6. Resolution 6110 - 2 Hour Parkiniz Restrictions Removal�a This resolution considers temporarily removing the 2-hour parking restriction on Second Street from First Avenue West to Second Avenue West and Fourth Street between First Avenue West and Second Avenue West, effective at such time parking permit holders are displaced due to construction on the 3rd and Main and Eagles lots. 10:15:40 PM (03:16:51) Development Services Director Jarod Nygren provided the staff report on this item. 03:18:33 Councilor Hunter asked about accessible parking. City Manager Russell spoke to Councilor Hunter's question and how further discussions will occur related to parking and construction impacts. 03:20:28 Public Comment Council President Graham opened public comment. Seeing none, he closed public comment. Page 14 of 19 Kalispell City Council Minutes, October 3, 2022 10:19:28 PM (03:20:39) Motion to approve Resolution 6110, a resolution temporarily amending Ordinance no. 1821, codified at Chapter 17 of the Kalispell Municipal Codes entitled motor vehicles and traffic, by removing restrictions regarding two-hour parking on certain streets in the city of Kalispell. Council Member — Sandy Carlson: Motion Council Member — Kari Gabriel: 2nd 03:21:06 Councilor Daoud provided discussion. 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 - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Aimrove Council Member - Jessica Dahlman: Approve The motion carried unanimously upon roll call vote. 7. Amending the Downtown Urban Renewal Plan and the West Side/Core Area Urban Renewal Plan to include work force housing as projects eligible for Tax Increment Financing 7- a a. Ordinance 1895 — First Reading — Downtown Renewal Amendment b. Ordinance 1896 — First Reading — West Side/Core Area Urban Renewal Plan These items consider amendments to the Downtown Plan and the West Side Urban Renewal -Core Area plan to include the creation of workforce housing for individuals and families with household income of 80% to 120% of area median income. 03:22:04 City Manager Russell provided the staff report. 03:24:02 Councilor Dahlman asked questions related to process. 03:26:56 Councilor Daoud asked a procedural question. 03:27:22 Public Comment Council President Graham opened public comment. 10:26:14 PM (03:27:25) Barbara Fenchak, Public Comment Ms. Fenchak spoke regarding the need to address affordable housing for the workforce asking that Council and staff look at the issue creatively and promptly. Page 15 of 19 Kalispell City Council Minutes, October 3, 2022 03:29:34 Mayoe Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead referenced the use of tax increment financing for the parking garage. She talked about prioritizing infrastructure that meets the needs of many is a better use of TIF funding. 03:31:07 Cassidy Kipp, Public Comment Ms. Kipp supports this move and looks forward to further discussions about housing issues. 03:31:54 Shannon Friex, Public Comment Ms. Friex said she supports this move and thanked Council. 03:30:55 Seeing no further public comment, Council President closed public comment on Ordinance 1895. 03:33:05 Motion to indefinitely postpone Ordinance 1895. Mayor Johnson — Motion Council Member — Sam Nunnall. 03:33:13 Mayor Johnson explained his motion saying it would take a two-thirds vote for Council to bring this Ordinance back up off the table, then spoke further about his position on the matter. 03:35:43 Councilor Hunter provided discussion on the motion. 03:38:56 Council President Graham provided discussion on the motion. 03:41:16 Councilor Daoud provided discussion on the motion. 03:42:13 Councilor Dahlman provided discussion on the motion. 03:43:00 Councilor Hunter provided discussion on the motion. 03:45:14 Councilor Fisher provided discussion on the motion. 03:45:43 Councilor Daoud called the question. 10:45:42 PM (03:46:53J Vote on calling the question. Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve 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 to call the question passed unanimouslv on roll call vote. 03:47:21 Vote on the main motion to postpone Ordinance 1895 indefinitely. Page 16 of 19 Kalispell City Council Minutes, October 3, 2022 Mayor - Mark Johnson: Motion Council Member - Sam Nunnally. Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member Council Member - Sid Daoud: Approve - Ryan Hunter: Disapprove Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Disapprove Council Member - Jessica Dahlman: Approve The motion passed on roll call vote with Councilors Gabriel, Carlson, Graham, Daoud, Dahlman, Nunnally, Council President Graham, and Mayor Johnson in favor and Councilors Hunter and Fisher opposed. 03:48:12 Public Comment Council President Graham opened public comment on Ordinance 1896. Don Reed, Public Comment Mr. Reed spoke regarding concerns of increased traffic congestion and crime near his home on the west side of town and asked that infrastructure be considered when approving projects. Seeing no further public comment, Council President Graham closed public comment. 03:51:31 Motion and Vote to indefinitely postpone Ordinance 1896. Mayor - Mark Johnson: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Disapprove Council Member - Sam Nunnallv: Annrove Council Member - Jed Fisher: Disapprove Council Member - Jessica Dahlman: Approve The motion passed on roll call vote with Councilors Gabriel, Carlson, Graham, Daoud, Dahlman, Nunnally, Council President Graham, and Mayor Johnson in favor and Councilors Hunter and Fisher opposed. 8. Appointment of a Committee for Municipal Judge Appointment !tea This item considers the Mayoral appointment of a committee to make a recommendation to Council for the appointment of an interim Municipal Judge. Mayor Johnson made a recommendation to form a committee to interview applicants for interim Municipal Judge who can then make a recommendation to Council for that appointment. He would recommend the following persons for the committee: Kari Gabriel, Jed Fisher, Mayor Johnson, Charlie Harball, and Human Resources Director Denise Michel. Page 17 of 19 Kalispell City Council Minutes, October 3, 2022 03:53:30 Motion to approve the Mayor's committee recommendation. Council Member — Sandy Carlson: Motion Council Member — Sam Nunnally: 2nd Council Member - Sandy Carlson: Motion Council Member - Sam Nunnallv: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve 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: Annrove Council Member - Jessica Dahlman: Approve The motion was approved unanimously on voice vote. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Russell mentioned that the Montana League of Cities and Towns Conference will be in Kalispell this week and will occupy a lot of staff time. 03:54:32 Councilor Daoud spoke to the emotional context of many of the public comments made and thanked the public for their involvement, encouraged the public to reach out to Council and continue discussions and continue to participate in council meetings. J. ADJOURNMENT Seeing no further business, Council President Graham adjourned the meeting at 10:55 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on 2022 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — October 10, 2022, at 7:00 p.m. — Council Chambers Next Regular Meeting — October 17, 2022, at 7:00 p.m. — Council Chambers Page 18 of 19 Kalispell City Council Minutes, October 3, 2022 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/480/Meeting-Videos. Page 19 of 19