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08-01-22 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES August 1, 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. Please see the bottom of the agenda to learn how to watch the meeting live or later. Public comment was also available via email to publiccommentL&kalispell.com. Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meeting-Videos. A. CALL TO ORDER Mayor Mark Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present Council Member - Ryan Hunter: Present via video conference Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Deputy Public Works Director Keith Haskins, and Police Investigations Captain Ryan Bartholomew. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the consent agenda as published with one change to move item E4. to become item H.7 on the action 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 Page 1 of 12 Kalispell City Council Minutes, August 1, 2022 Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnallv: Absent Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on voice vote with Councilor Nunnally 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 — Jul 18, 2022 ® ,�:3 2. Accept Proposal from Avidex for the City Council Room Audio Visual Upgrade This item considers selecting Avidex to proceed with the Council Chambers AV upgrade for the amount of $144,242. lJ a 3. Approve Contract Agreement with the Department of Environmental Quality for the City to provide State public Water Supply and Sewage System Plan Reviews This item considers authorizing the City Manager to sign a Contract Agreement between DEQ and the City for the purpose of the City providing plan and specification review of extensions or alterations as authorized by M.C.A.P�a 4. Ordinance 1888 — Second Reading - Repeal Firefighter Residency Requirements ©a This ordinance considers confirming the city electors decision to repeal the firefighter residency requirements. • • • ..reIMO■_ These a ees—eensid«pting the mest eutTent building, and e „a 7 n7 fevisiens as .,.7opte.a by the State "f M ent n . This item was moved to the bottom of the Action agenda per the motion under D. AGENDA APPROVAL. 6. Confirmation of Firefighter Luke "Gus" Butler ® a This item considers the confirmation of Firefighter Luke Butler to the Kalispell Fire Department. 00:05:42 Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as amended. Council Chair - Chad Graham: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Page 2 of 12 Kalispell City Council Minutes, August 1, 2022 Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Nunnally absent. 00:06:13 Fire Chief Dan Pearce presented information about Firefighter Luke "Gus" Butler who was just confirmed by the Council to the Kalispell Fire Department. Mayor Mark Johnson pinned a firefighter badge onto newly confirmed Firefighter Gus Butler. Firefighter Butler said a few words thanking family, his co -responders, the Mayor, and Council. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none, Mayor Johnson closed public comment. Public comment received via email to the Mayor and Council at ubliccomment kalis ell.com, can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id= I 28274&dbid=0&repo=KaliWell 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 ubliccomment r kalis ell.com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. Bailey Annexation and Zoning ® a This application from William and Simone Bailey considers annexation and initial zoning of R-3 (Residential) at 1788 South Woodland Drive. a. Resolution 6085 - Annexation b. Ordinance 1892 - First Reading — Zoning 00:11:03 Senior Planner P.J. Sorensen provided the staff presentation. 00:12:42 Mayor Johnson asked questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:13:29 Page 3 of 12 Kalispell City Council Minutes, August 1, 2022 Motion to approve Resolution 6085, 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 40 of Greenacres West, Unit 2, 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 Bailey Addition 460, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. 00:14:21 Councilor Graham provided discussion on the motion. Vote on the motion. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Nunnally absent. 00:15:00 Motion and Vote to approve the first reading of Ordinance 1892, an ordinance to amend Section 27.02.010, official zoning map, city of Kalispell zoning ordinance 1677, by zoning certain real property, more particularly described as Lot 40 of Greenacres West, Unit 2, according to the map or plat thereof on file and of record in the office of the clerk and recorder of Flathead County, Montana previously zoned County R-2 to City R-3 (Residential), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide 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 - Sam Nunnally: Absent Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Nunnally absent. Resolution 6086 - Morning Star and Greenacres Grant Submission Authorization This resolution considers authorizing the submission of grant applications to the Department of Commerce for Community Development Block Grant Public Page 4 of 12 Kalispell City Council Minutes, August 1, 2022 Facilities and Housing Grants to build infrastructure for the Morning Star Community and Green Acres Cooperative to connect to city sewer. 04z� 00:16:40 Development Services Director Jarod Nygren provided the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:17:48 Motion to approve Resolution 6086, a resolution authorizing the City of Kalispell to serve as host for applications to the Community Development Block Grant (CDBG) public facilities and housing grants program as requested by Neighborworks Cooperative, Inc. for the Purvose of funding the Desi n and Construction of the required infrastructure to connect to the City Kalispell Sewer Utili (! G 00:18:45 Ryan Hunter provided discussion on the motion. 00:19:32 Councilor Daoud provided discussion on the motion. 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 Nunnally: Absent Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member- Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Nunnally absent. 3. Eagles Lot at 1 S` Street West and 1" Avenue Wei Recommendation U a This item considers allowing staff to negotiate a Developer's Agreement and Lease Agreement with Montana Hotel Dev Partners, LLC for their development proposal submitted for the Eagles Lot at 1 S` Street West and 1" Avenue West. 00.20.43 City Manager Doug Russell provided the staff report. 00:22:43 Development Services Director Jarod Nygren continued the staff report. 00:27:12 Councilor Dahlman began questions for staff. 00:32:27 Councilor Hunter began questions for staff. Page 5 of 12 Kalispell City Council Minutes, August 1, 2022 00:34:44 Councilor Daoud began questions for staff. Public Comment Mayor Johnson opened public comment. 00:39:33 Bill Goldberg, Public Comment Mr. Goldberg with Montana Hotel Dev Partners reiterated that this is early within the process. He answered questions posed by City Council members related to design and staging. 00:43.36 Lincoln Murphy, Public Comment Mr. Murphy with A&E Designs spoke on behalf of the design team saying they are intending to meet or exceed the historical overlay requirements. He further spoke regarding design elements they are incorporating to best fit within the existing neighborhood. 00:45:45 Shannon Freix, Public Comment Ms. Freix spoke regarding her support of the Charles Hotel. She then questioned the procedure used for the request for proposals and the wording of the RFP, the public process, and the term public parking. She spoke at length regarding her thoughts on these matters. 00:54:34 Cassidy Kivu, Public Comment Ms. Kipp with Community Action Partnership of NW Montana spoke to why she feels the length of time that the request for proposals was advertised was not sufficient and why she would like to see the process reversed. 01:00:04 Ms. Barr, Public Comment Ms. Barr, co-owner of the Kalispell Grand Hotel spoke in support of the Charles Hotel proposal and the related parking garage but said she is not in support of the height or size of the garage proposal. She spoke regarding concerns related to the public process. Public Comment on this item provided to the email T)ubliccomment@kalispell.com can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=154206&dbid-0&repo=Kalispell. Seeing no further public comment, Mayor Johnson closed public comment. 01:07:14 Motion to allow staff to negotiate a Developer's Agreement and Lease Agreement with Montana Hotel Dev Partners, LLC for the development proposal submitted for the Eagles Lot at 111 Street West and 111 Avenue West. Council Member — Sid Daoud: Motion Council Member — Chad Graham: 2nd 01:07:38 Councilor Daoud provided discussion on the motion. 01:07:53 Councilor Graham asked for clarification from the City Attorney regarding the process used for the request for proposals. 01:08:41 Councilor Hunter provided discussion on the motion and asked numerous questions. Page 6of12 Kalispell City Council Minutes, August 1, 2022 01:13:24 Motion to table consideration of the Eagles Lot RFP submittal, and to instead re -issue the RFP to the public but this time providing at least 90 days for submittals and perhaps longer. Council Member — Ryan Hunter Council Hunter — Jessica Dahlman Vote on the motion to table. Council Member - Sid Daoud: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion to table failed with Councilor Hunter and Dahlman in favor, and Councilors Gabriel, Carlson, Graham, Fisher, Daoud, and Mayor Johnson opposed, with Councilor Nunnally absent. 01:14:11 Councilor Daoud provided discussion on the original motion. 01:15:49 Councilor Dahlman provided discussion on the motion. 01:16:18 Councilor Hunter provided discussion on the motion. 01:17:51 Mayor Johnson asked for staff clarification on the process. After receiving clarification, he provided discussion on the motion. Vote on the original motion. Council Member - Sid Daoud: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Disapprove The motion was approved on roll call vote with Councilor Daoud, Gabriel, Carlson, Graham, Fisher, Dahlman, and Mayor Johnson in favor and Councilor Hunter opposed with Councilor Nunnally absent. 4. Resolution of Intent 6087 - Downtown & West Side Urban Renewal Amendment Page 7of12 Kalispell City Council Minutes, August 1, 2022 This resolution considers setting a public hearing date of August 15, 2022, for Council to take public comment on 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. 0 G 01:26:42 City Manager Doug Russell began the staff presentation on this item. 01:28:03 Councilor Dahlman asked questions of staff. 01:29:07 Councilor Daoud asked questions of staff. 01:30:17 Councilor Hunter asked questions of staff. 01:32:12 Councilor Hunter continued questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:34:28 Cassidy Kipp, Public Comment Ms. Kipp with Community Action Partnership of NW Montana volunteered to be of service to help define workforce housing and spoke regarding her experience in the matter. Public comment received recently on this subject to ubliccomment kalis ell.com can be found at: https•//time ci kalispell mt us/WebLink/Browse aspx?id=154940&dbid=0&repo=Kalispell. 01:35:59 Motion to approve Resolution 6087, a resolution calling for a public hearing on the proposed amendments to 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 as recommended by the Kalispell City Planning and Zoning Board. 01:36:36 Councilor Hunter provided discussion on the motion. 01:40:04 Amendment to the main motion to amend Resolution 6087, so that the fifth whereas paragraph refers to workforce housing as those earning not more than 120% AMI. Council Person - Ryan Hunter: Motion Council Person — Jessica Dahlman: 2nd 01:40:34 Councilor Dahlman provided discussion on the amendment to the motion. 01:41:27 Councilor Daoud provided discussion. Motion and Vote to postpone this item until after Council has had a work session on this specific item. Council Member — Sid Daoud: Motion Council Member — Chad Graham: 2nd Page 8of12 Kalispell City Council Minutes, August 1, 2022 Council Member - Sid Daoud: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Absent Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion to postpone passed on roll call vote with Councilor Daoud, Graham, Hunter, Fisher, Dahlman, and Gabriel in favor and Councilor Carlson and Mayor Johnson opposed and Councilor Nunnally absent. 5. Resolution 6088 -- Second Amendment to the Owl Corporation Latecomers Agreement ® G This agreement would approve the second amendment to and clarification of the latecomer's agreement for reimbursement for sewer system extensions. City Manager Russell began the staff presentation. Chief Engineer Keith Haskins continued the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01-45-17 Motion to approve Resolution 6088, a resolution approving a second amendment to the Latecomer Agreement executed with Owl Corporation on August 10, 2005, to clarify the manner in which remaining equivalent dwelling units shall be assessed latecomer fees. 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 - Sam Nunnally: Absent Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion was approved unanimously on roll call vote with Councilor Nunnally absent. 6. Appointment to the Technical Advisory Committee ® a This item considers the appointment of Catherine Walker as a city representative on the Technical Advisory Committee. Page 9 of 12 Kalispell City Council Minutes, August 1, 2022 Mayor Johnson appointed Catherine Walker as a city representative on the Technical Advisory Committee. 01:46:18 Motion and Vote to appoint Catherine Walker as a city representative on the Technical Advisory Committee. Council Member - Sandy Carlson: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Nunnally absent. Ordinance 1889 1890 1891 -- Second Reading - Adopt Building, Fire and Energy Codes a a (This item was moved off consent.) These ordinances consider adopting the most current building, fire, and energy code revisions as adopted by the State of Montana. 01:47:23 Motion to approve the second reading of Ordinances 1889, an ordinance adopting the 2021 International Building Code, the International Existing Building Code, International Residential Code, the International Mechanical Code and the International Fuel Gas Code, the Uniform Plumbing Code and the National Electrical Code, 2020 Edition, the International Swimming Pool and Spa Code, as well as the associated amendments to the administrative rules of Montana. Approve the second reading of Ordinance 1890, an ordinance to amend ordinance 1856, adopting by reference the international fire code, and the appendices, 2021 Edition with the additions, amendments and deletions to Kalispell Municipal Code Chapter 10 as the fire codes of the city of Kalispell. Approve the second reading of Ordinance 1891, an ordinance to amend ordinance 1857, adopting by reference the International Energy Conservation Code, 2021 edition as the energy codes of the City of Kalispell, and applicable to the iurisdictional area thereof; subiect to the amendments made, adopted by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. 01:49:43 Councilor Daoud provided discussion on the motion. 01:52:17 Vote on the motion. Council Member - Kari Gabriel: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Page 10of12 Kalispell City Council Minutes, August 1, 2022 Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed on roll call vote with Councilor Daoud opposed and Councilor Nunnally absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • The work session to look at amendments to the Downtown Urban Renewal Plan and the West Side/Core Area Urban Renewal Plan as it relates to workforce housing will be scheduled for the August 22, work session since Councilor Hunter will not be available for the August 8, 2022, work session. A work session is not scheduled for August 8, 2022. The Legislative Policy for the city will also likely be scheduled for the August 22, 2022, work session meeting. The last legislative policy talked about local control, and land -use legislation. A recent committee has been established regarding removing local government's ability to establish land -use legislation within its corporate limits. In response, The League of Cities and Towns is putting together a group to join with a public relations firm to look at what municipalities are doing and what is occurring and to establish a cost -share across entities. Manager Russell spoke regarding market supply as the factor slowing down the creation of housing inventory as opposed to regulation. The League of Cities and Towns Conference that will occur in Kalispell has opened registration. 01:55:56 Councilor Dahlman asked for an update on the water conservation efforts and the numbers related to water usage. 01:56:59 Mayor Johnson spoke regarding a call he was on hosted by the League of Cities and Towns a few weeks ago and a presentation on electricity within the state of Montana. He was surprised to learn that the State of Montana only produces 40 to 50% of its electricity and purchases from the open market for the remainder. There are concerns with the Montana coal plants going off-line in the next year or two. Mayor Johnson also noted that nationally and somewhat locally new home sales are down 25% since January 1, 2022, and interest rates have doubled. He spoke further regarding the market forces that impact the housing and rental market. He has concerns that market forces aside from policy will continue to impact housing inventory into the future. J. ADJOURNMENT Page 11 of 12 Kalispell City Council Minutes, August 1, 2022 Mayor Mark Johnson adjourned the meeting at 8:49 p.m. .01 z- AimeV Brunckhorst CMC • City Clerk Minutes approved on August 15, 2022 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — August 8, 2022, at 7:00 p.m. — Council Chambers Next Regular Meeting — August 15, 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/480/Meeting-Videos. Page 12of12